Ordinance 2004-40 200500000012
Filed for Record in
K.ENDALL COUNTY? ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 01-03--2005 At 10:23 am.
ss ORDINANCE 395.00
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE,A MUNICIPAL CORPORATION,
AND
IRED BASELINE, L.L.C.,
AN ILLINOIS LIMITED LIABILITY COMPANY
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation of the real estate
described on Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY
OF YORKVILLE;and
WHEREAS, said Annexation Agreement has been drafted and has been considered by the
City Council; and
WHEREAS,the legal owners of record of the territory which is the subject of said Agreement
are ready, willing and able to enter into said Agreement and to perform the obligations as required
hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended,for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is anticipated to become contiguous to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, an Annexation Agreement concerning the annexation of the real estate described
therein, a copy of which Annexation Agreement is attached hereto and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD y PAUL JAMES
LARRY KOT MARTY MUNNS
–y—
ROSE SPEARS RICHARD STICKA C�-
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
(day of �l i , A.D. 20L.
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 20_LL$-
Attest:
ITY CLERK
Prepared by:
Law Offices of Daniel I Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
ANNEXATION AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE, A MUNICIPAL CORPORATION,
AND
IRED BASELINE, L.L.C.,
AN ILLINOIS LIMITED LIABILITY COMPANY
Prepared by and return to:
H. Dan Bauer, Esq.
The Inland Real Estate Group, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
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TABLE OF CONTENTS
SECTION PAGE
1. ANNEXATION ................................................................................................. 3
2. ZONING CLASSIFICATION AND AMENDMENT TO
ZONING ORDINANCE .................................................................................... 4
3. FUTURE FINAL PLATS AND FINAL ENGINEERING ................................ 6
4. SECURITY ........................................................................................................ 7
5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE
AND FUNDING MECHANISMS .................................................................... 9
6. EASEMENTS AND APPROVALS ................................................................ 13
7. CONNECTION TO CITY SERVICES, FEES AND ABSENCE OF
SPECIAL SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT
FOR THE TERRITORY .................................................................................. 13
8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS ................................. 16
9. SIGNAGE ........................................................................................................ 19
10. ELECTRIC, GAS, TELEPHONES AND CABLE TV ................................... 19
11. INGRESS AND EGRESS ............................................................................... 20
12. ANNEXATION, SCHOOL\PARK LAND\CASH FEES, LIBRARY
DEVELOPMENT FEES, RECAPTURE AGREEMENTS AND ROAD
FUND ............................................................................................................... 21
13. PROFESSIONAL FEES .................................................................................. 23
14. CITY ORDINANCES AND CODES ............................................................... 23
15. BUILDING PERMITS AND RELATED INSPECTIONS ............................... 25
16. RECAPTURE AND BENEFITTED PROPERTIES ........................................ 26
17. CERTIFICATES OF OCCUPANCY AND MODELS .................................... 29
18. DISPLAY PURPOSES ..................................................................................... 32
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19. TEMPORARY PARKING ............................................................................... 32
20. FEMA LETTERS OF MAP REVISION .......................................................... 33
21. TRANSFER ...................................................................................................... 34
22. CITY ASSISTANCE ........................................................................................ 35
23. GOVERNING LAW; ENFORCEMENT; REMEDIES ................................... 35
24. INTEGRATION AND AMENDMENT ........................................................... 36
25. SUCCESSORS AND ASSIGNS ...................................................................... 37
26. SEVERABILITY .............................................................................................. 37
27. TIME ................................................................................................................. 37
28. TERM OF AGREEMENT ................................................................................ 37
29. NOTICE ............................................................................................................ 38
30. CURRENT USES AND APPLICATION OF CITY TAXES .......................... 39
31. SUBSEQUENT AMENDMENTS ................................................................... 39
32. COVENANTS RUNNING WITH THE LAND ............................................... 40
33. FUTURE APPROVALS AND COOPERATION..............................................40
34. POSTANIVEXATION CITY ACTIONS ...........................................................41
35. CURRENT......................................................................:...................................41
36. TERMINATION OF AGREEMENT DUE TO FAILURE OF
CONTIGUITY....................................................................................................42
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ANNEXATION AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE AND
IRED BASELINE L LC AN ILLINOIS LIMITED LIABILITY COMPANY
THIS ANNEXATION AGREEMENT("Agreement')is made and entered into this li 3T9
day of (,�L� , 204, between the UNITED CITY OF YORKVILLE, a municipal
corporation, located in the County of Kendall, State of Illinois (hereinafter referred to as the
"CITY"), and IRED BASELINE, L.LC., an Illinois limited liability company(hereinafter referred
to as the "OWNER").
WITNESSETH
WHEREAS,at the time of execution of this Agreement,OWNER is the sole owner of record
of the real estate that is the subject matter of this Agreement. Such real estate is legally described
in EXHIBIT "A" attached hereto and which by reference is incorporated herein; and
WHEREAS, the said real estate (herein referred to as the "TERRITORY")is comprised of
approximately one hundred fifty(150) acres,more or less, and is shown on the Plat of Annexation
attached hereto and incorporated herein as EXHIBIT "B"; and
WHEREAS, the OWNER shall develop the TERRITORY with uses or design generally
consistent with all such criteria contained in this Agreement and the General Land Use Plan of Gary
R. Weber&Associates dated February 18, 2004(herein referred to as "Site Plan") attached hereto
and incorporated herein as EXHIBIT "C"; and
WHEREAS,the TERRITORY is currently not contiguous with the existing corporate limits
of the CITY and is not within the boundary of any other city; and
WHEREAS, the TERRITORY is located within the Bristol Kendall Township Fire
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Protection District,the Bristol Township Road District,and after annexation,unless at the time that
the TERRITORY becomes contiguous and is automatically annexed to the CITY the CITY has its
own fire department that provides fire protection for the TERRITORY, will remain within the
jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by
the CITY'S public library; and
WHEREAS,the corporate authorities of the CITY,after due and careful consideration,have
concluded that the annexation of the TERRITORY to the CITY upon the TERRITORY becoming
contiguous to the corporate limits of the CITY would further the growth of the CITY, enable the
CITY to control the development of the area and serve the best interests of the CITY; and
WHEREAS, pursuant to the provisions of Sections 5111-15.1-1 et seq., of the Illinois
Municipal Code,(Chapter 65,Illinois Compiled Statutes,2002),a proposed Annexation Agreement
was submitted to the corporate authorities of the CITY and a public hearing was held thereon before
the Mayor and the City Council of the CITY pursuant to notice, as provided by the statutes of the
State of Illinois; and
WHEREAS, the OWNER and the CITY have otherwise respectively complied with all
applicable ordinances and laws of the State of Illinois regarding annexation, zoning and
development of the TERRITORY, all pursuant to and upon such notices and related procedures as
are required by the ordinances of the CITY and the laws of the State of Illinois.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties agree as follows:
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1. ANNEXATION.
A. This Agreement is made pursuant to and in accordance with the provisions of
Sections 5111-15.1-1 et seq.,of the Illinois Municipal Code(Chapter 65,Illinois Compiled Statutes,
2002) of the Illinois Compiled Statutes; that said State of Illinois statutory provisions provide for
annexation agreements to be entered into between owners of record and municipalities; that all of
the requirements of the Illinois Compiled Statutes("Statutes")and specifically Sections 5111-15.1-1
et seq., of the Illinois Municipal Code(Chapter 65, Illinois Compiled Statutes, 2002), in regard to
publication and notice have been met prior to the date fixed for the hearing on the proposed
Agreement.
B. That OWNER has filed with the City Clerk of the CITY a proper Petition for
Annexation and this Agreement is entered into after public hearing(s) before the applicable
corporate authorities of the CITY, which hearings were held in accordance with the provisions of
the Statutes.
C. The CITY agrees to enact an ordinance authorizing the execution of this Agreement
by the OWNER and after enactment of such ordinance, the CITY shall execute this Agreement.
Upon the TERRITORY becoming contiguous to the municipal limits of the CITY,the CITY shall
enact ordinances necessary to annex the TERRITORY into the corporate limits of the CITY
pursuant to the Petition for Annexation,subject to the terms of this Agreement. It is agreed that the
CITY will promptly record the enacted annexation ordinance and any required plats with the
Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office.
D. If for any reason and at any time, the annexation of the TERRITORY to the CITY
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is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i)
cooperate with OWNER in the vigorous defense of such action through all proceedings, including
any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the
Illinois Municipal Code to annex the TERRITORY and/or other properties to the CITY so that the
annexation of the TERRITORY to the CITY can be sustained and/or effected.
2. ZONING CLASSIFICATION AND AMENDMENT TO ZONING ORDINANCE.
That contemporaneously with the annexation of said TERRITORY to the CITY, the
corporate authorities shall adopt an ordinance or ordinances amending the provisions of the Zoning
Ordinance of the CITY so as to provide that the Parcels of the TERRITORY be zoned and can be
used for the purposes currently allowed in the following zoning classifications of the CITY'S Zoning
Code:
Parcel 1: Legally described on EXHIBIT "D" attached hereto and made a part hereof
and containing approximately eighty eight and five hundred twenty
three/thousandths (88.523) acres shall be zoned R-2 General Residence
District ,
Parcel 2: Legally described on EXHIBIT `B" attached hereto and made a part hereof
and containing approximately thirty and five hundred twenty
seven/thousandths (30.527) acres shall be zoned R-3 General Residence
District,
Parcel 3: Legally described on EXHIBIT "F" attached hereto and made a part hereof
and containing approximately thirty-one and three hundred eighty
eight/thousandths(31.388)acres shall be zoned B3 Service Business District.
OWNER shall be entitled to construct a minimum of one hundred eighty nine(189) single
family detached residences on Parcel 1 and one hundred fifty three (1531attached single family
town home units on Parcel 2,and,in its sole discretion,may reduce the number of units constructed.
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The Preliminary Plan attached hereto as Exhibit"G "depicts for Parcels 1 and 2 the road right-of-
ways,the open space,detention areas,setbacks from Route 47 and Baseline Road,utility easements
and park areas. The CITY hereby approves the aforementioned Preliminary Plan and agrees to
approve Preliminary Plats of subdivision and Final Engineering plans and Final Plats of Subdivision
for Parcels 1 and 2 even beyond one (1) year from the date of this Agreement provided the
respective final plats and engineering plans(which maybe in phases)are insubstantial conformance
(on a Phase by Phase basis) with the Preliminary Plan hereby approved. It is agreed that the park
donation required pursuant to Ordinance is a donation of 10.447 acres of land. OWNER shall
contribute said 10.447 acres of land at the CITY's request at any time after the TERRITORY
becomes contiguous in complete satisfaction any and all land/cash donations due pursuant to current
and/or future CITY ordinances. The CITY further agrees that no park donation is or ever will be
required for any Parcel with a non-residential zoning classification.
It is agreed that during the term of this Agreement, the current CITY Zoning Ordinances
attached hereto as EXHIBIT "H" and the current CITY Subdivision Control Ordinances attached
hereto as EXHIBIT "I" shall control the development of the TERRITORY and all portions, Phases
and/or Parcels thereof and no modification or amendment thereto shall affect development of the
TERRITORY without the OWNER'S written consent to such amendment or modification, which
consent can be withheld in OWNER'S sole discretion;provided,however, life-safety provisions of
building codes and inspection and hook-up fees which are charged on a non-discriminatory basis
city-wide can be modified or amended from time to time and such modifications shall be applicable
to the TERRITORY. Notwithstanding the provisions of the foregoing sentence,if at any time after
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five (5) years from the date that this Agreement is executed by the CITY, the CITY modifies or
changes its Subdivision Control Ordinances then from and after the fifth anniversary date of the date
that this Agreement is executed by the CITY,the CITY'S Subdivision Control Ordinances as then
in effect will apply to all portions of the TERRITORY for which neither a preliminary plat of
subdivision nor a final plat of subdivision has been filed with CITY. In the event of a conflict
between any applicable CITY ordinance, rule or regulation and the Preliminary Plan and
engineering attached hereto as EXHIBIT"G" (or any final plats and final engineering in substantial
conformance with such exhibits)or the terms of the Agreement,the terms of the Agreement and the
aforesaid approved Preliminary Plan and engineering (and any final plats and final engineering in
substantial conformance therewith) shall control and prevail.
3. FUTURE FINAL PLATS AND FINAL ENGINEERING.
The CITY recognizes the development of the TERRITORY may occur in stages or units
(sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants
permission to OWNER to stage the development over a period of twenty(20) years in length and
to submit separate final plats and final engineering for approval for each Phase. The CITY shall act
upon any final plat and final engineering submitted to it for approval within a reasonable time of its
receipt of such final plat, final engineering and all necessary supporting documentation and
information. The plat review and consideration by the CITY shall not exceed the limitations set out
in 65 ILCS 5/11-12-8(2002). The CITY shall not require engineering to be submitted for any Phase
of the TERRITORY, that is not within the particular Final Plat for a Parcel, Phase or Unit being
submitted for approval by OWNER;provided,however,the City can require engineering for sewer,
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water, storm water lines and utilities that cross undeveloped Parcels and/or Phases.
4. SECURITY.
A. In satisfaction of any bonds or deposits required to guarantee construction or
performance under applicable CITY ordinances or regulations,OWNER,at its election,may furnish
to the CITY a subdivision bond as provided by the Statutes, an irrevocable letter of credit or other
security acceptable to the CITY(such subdivision bond,irrevocable letter of credit or other security
acceptable to the CITY, as elected by OWNER, is hereinafter referred to as "Security"), in a form
approved by the CITY and issued by a sound and reputable banking,bonding or financial institution
authorized to do business in the State of Illinois with the amount of Security to be posted pursuant
to CITY Ordinance or as specified herein if provided otherwise.
B. Except as otherwise provided in this Agreement, it is understood that the Security
shall apply only to those public improvements for which security is required by the CITY'S
Subdivision Control Ordinance that is in effect at the time the CITY executes this Agreement. It
is further agreed that a separate OWNER of any Parcel or Phase of the TERRITORY shall not be
required to post Security for any improvement work to be performed on another OWNER'S Parcel
or Phase of the TERRITORY.
C. The CITY agrees to review final plats of subdivision along with the accompanying
engineering plans, and if the same are acceptable, the CITY shall execute the plat of subdivision
when OWNER delivers the Security to the CITY, which can be within one (1) year from the date
of said conditional approval. The CITY shall not require the posting of Security for the construction
on the TERRITORY of private improvements(such as private storm water management facilities)
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but if, for a given Phase of development within the TERRITORY, the CITY determines that such
private improvements have not been adequately completed or properly constructed,the CITY shall
have the right, with respect to such Phase of development, to withhold the issuance of building
permits and certificates of occupancy until such improvements have been completed or until
necessary corrections to such improvements have been made to the reasonable satisfaction of the
CITY. Notwithstanding the foregoing, if the OWNER posts Security with the CITY in the amount
of one hundred ten percent(110%)of the amount estimated by OWNER and approved by the CITY,
to be needed to complete such private improvements or to effect such corrections, the CITY shall
not withhold the issuance of such building permits or certificates of occupancy.
D. The Security shall constitute a guarantee that all the public improvements required
in a Phase will be constructed by OWNER pursuant to this Agreement and the current applicable
CITY ordinances, and shall be completed(except the final course of asphalt,public sidewalks and
public parkway trees)within a period of time not to exceed two(2)years from the final plat approval
for each Phase of the TERRITORY(any extension of time of the foregoing two(2)year period will
be mutually agreed upon by OWNER and the CITY in writing), and that should OWNER fail or
default in the completion of such obligation within the permitted time,then the CITY may use the
Security to the extent necessary to complete or repair any and all of the improvements secured
thereby.
E. OWNER shall be relieved of all continuing responsibility under a Security provided
pursuant to this Section 4 once the CITY has accepted all public improvements required to be
constructed with respect to a given Phase of the development of the TERRITORY, all warranty
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work for such Phase, if any, has been performed by OWNER and approved by the CITY, and all
warranties of OWNER hereunder have lapsed;provided,however,that upon completion of a major
portion of the public improvements required with respect to a given Phase of the development of
the TERRITORY, the Security shall be promptly reduced in an amount proportional to the work
then completed, as determined by the CITY. Notwithstanding the foregoing, the CITY shall be
entitled to retain a portion (not to exceed fifteen [15%] percent) of the Security posted for a Phase
as security for the OWNER'S performance of any warranty work required hereunder for such Phase,
and to use said portion of the security to perform such warranty work for such Phase in the event
that the OWNER fails to do so as set out in the terms of the current CITY Ordinance so long as said
Ordinance is generally applied to all property within the CITY. Upon the expiration of the
OWNER'S one (1)year warranty obligation hereunder per Phase,the CITY shall promptly release
any remaining retained amounts under the relevant Security for such Phase.
5. POTABLE WATER SUPPLY,SANITARY SEWER,RECAPTURE,AND FUNDING
MECHANISMS.
A. The CITY represents but does not warrant to OWNER that the CITY'S potable
water, fire flow and water storage facilities will have sufficient capacity to adequately serve the
needs of the OWNER and occupants of the TERRITORY as developed pursuant to the terms of this
Agreement.
B. With the respect to sanitary sewer treatment capacity, the CITY shall work with
OWNER to acquire adequate sanitary sewer treatment capacity for uses within the TERRITORY
as developed pursuant to this Agreement. Additionally, the CITY shall also assist OWNER in
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providing adequate means of delivery of such sanitary sewer capacity to the TERRITORY,subject,
however, to the requirements of the Yorkville Bristol Sanitary District which has jurisdiction or
authority over such capacity. The CITY shall use its best efforts to obtain such governmental
approvals and permits,but in the event that its best efforts are not successful,the CITY shall not be
liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity
contemplated under this Subsection 5B arising from its inability to obtain such approvals and
permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to
the TERRITORY.
C. If at the time OWNER proposes to develop any portion or Phase of the TERRITORY,
either the Yorkville Bristol Sanitary District does not have sufficient capacity or facilities to handle
the waste water treatment of that portion or Phase of the TERRITORY being developed or the CITY
does not have adequate means of delivery of the aforementioned waste water to the treatment plant,
it is agreed that the CITY shall: (i)not object to any plan proposed by OWNER to handle the waste
water treatment requirements of that portion or Phase of the TERRITORY being developed,which
plan may include, without limitation, a land application system or common septic to handle the
aforementioned waste water treatment requirements; and/or (ii) support a Facilities Planning Area
amendment to permit the Fox Metro Water Reclamation District to serve that portion or Phase of
the TERRITORY then being developed or the balance of the TERRITORY that is not then presently
served or can be served by the Yorkville Bristol Sanitory District. No individual septic systems
shall be permitted in the residential portion of the subdivision.
D. The CITY represents and warrants to OWNER that there is no administrative,
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judicial, or legislative action pending or being threatened that would result in a reduction of, or
limitation upon, any party's right to use the sanitary sewer once the current on-going Yorkville-
Bristol Sanitary District plant expansion is completed.
E. The CITY represents and warrants to OWNER that OWNER shall not become liable
to the CITY or any other party for recapture upon the annexation and/or development of the
TERRITORY for any existing sewer or water lines or storm water lines and/or storage facilities that
may serve the TERRITORY;provided,however, subject to the terms of this Agreement, OWNER
shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement.
Notwithstanding the foregoing,the method for financing water and sanitary sewer extensions to the
TERRITORY has not been determined, nor is being waived by the CITY and OWNER shall not
object to such financing provided such financing does not result in any cost or expense to OWNER,
other than customary connection fees not otherwise prohibited by this Agreement and that are
applicable on a city-wide basis.
F. The CITY agrees that if requested by OWNER, the CITY shall cooperate with
OWNER in the establishment of a funding mechanism (including, without limitation, sales tax
rebates or creation of a Special Service Area or other private funding mechanism) for the purpose
of financing all public improvements [off site and on site] to the TERRITORY or any part or parts
or Phase or Phases thereof then owned by the requesting OWNER, including, without limitation,
potable water,fire flow and/or water storage facilities,roads,storm water facilities(i.e.,storm water
sewers, collection and conveyance improvements, detention ponds if they benefit off-site
properties), sanitary sewer facilities and other off-site public improvements. Such cooperation will
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include, without limitation, the enactment of ordinances to: (i) create a Special Tax Service Area,
or(ii) to permit sales tax rebates, and(iii) authorize the issuance and sale of bonds so long as such
bonds have no recourse to the CITY; as may be requested by OWNER consistent with CITY policy
as established by City Resolution #2002-04, which is attached hereto and incorporated herein by
reference. The CITY also agrees to support and cooperate(including the use of the CITY'S powers
of condemnation and/or eminent domain)with the OWNER to obtain access to U.S.Route 47 and/or
Baseline,with applicable government agencies.
G. A sanitary sewer interceptor ("Improvement") shall be installed, operational and
available for use within the TERRITORY to a point adjacent and contiguous to the southern
boundary of the TERRITORY not later than June 1, 2005. OWNER acknowledges and agrees to
participate in the funding program for said Improvement and execute any and all documents and
agreements to accomplish the same as described herein. OWNER shall deposit with CITY, an
amount to be agreed upon between the parties, to secure funds required for the surveying,
geotechnical, engineering, bidding, construction management work for the Improvements. The
amount of said deposit shall be based upon the OWNER"S proportionate share of PE usage as
evenly distributed in relation to the entire Rob Roy Interceptor Service Area. City shall issue
"Revenue Bonds"by January 15, 2005 to obtain the funds needed to pay for material purchase and
installation of the Improvements, which bonds shall be repaid with the YBSD Interceptor
Participation Fee (IPF) and City of Yorkville Sanitary Sewer Connection Fees (Sanitary Sewer
Fees).
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6. EASEMENTS AND APPROVALS.
OWNER shall obtain all easements, governmental approvals and permissions necessary or
convenient for the construction of the offsite improvements necessary for development on the
TERRITORY and the CITY agrees that, at OWNER'S request, the CITY shall exercise its power
of eminent domain and/or condemnation in order to acquire off-site easements. All reasonable costs
related to or associated with condemnation of property as well as the cost of acquisition of the real
property approved in advance by OWNER for easement purposes only,and not as to acquisition of
fee title, shall be the responsibility of OWNER. The CITY shall not be obligated to incur any
acquisition cost not approved by OWNER. OWNER shall convey to the CITY such reasonable on-
site and off-site (which may require the use of the CITY of its condemnation or eminent domain
powers) easements as may be necessary for the construction and existence of the public
improvements required or contemplated under this Agreement. All easement agreements shall be
prepared by the party responsible for obtaining the easement in question and approved by the CITY
prior to execution by OWNER or the CITY, as appropriate.
7. CONNECTION TO CITY SERVICES, FEES AND ABSENCE OF SPECIAL
SERVICE AREA OR SPECIAL ASSESSMENT DISTRICT FOR THE TERRITORY.
A. OWNER,subject to the terms of this Agreement,shall install within the Phase being
developed the necessary sewer and water extension mains to serve those portions or Phases of the
TERRITORY then being developed in conformity with the final engineering plans approved by the
CITY'S engineering staff and/or the Yorkville Bristol Sanitaa District, as applicable. OWNER
shall be responsible for paying to the CITY tap-on/connection fees pursuant to CITY Ordinance,and
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as amended from time to time; as is generally applicable throughout the CITY;provided,however,
if the OWNER is using a land application system and/or common septic system to handle the
sanitary sewer needs of the Phase, no tap-on/connection fees will be due or payable to the CITY
unless and until there is a connection for that Phase to CITY sewer lines or pipes.
B. The parties hereto agree that any water and sewer connection (which shall not be
applicable if the OWNER is using a land application or common septic system that is not connected
to CITY sewer lines or mains) fees due under the CITY'S ordinances as well as any other fees or
charges incident to the connection to or use of CITY sewer and water mains shall be paid when
building permits are issued for each individual building constructed on the TERRITORY except that
said tap-on fees for model homes shall be paid at the time the actual connection is made for such
model homes. If OWNER contributes to the construction of new water facilities or contributes to
the construction of the expansion of existing water facilities that serve any portion or Phases of the
TERRITORY and/or other property, the CITY agrees to waive any and all water connection fees
applicable to the portion or Phase of the TERRITORY(or all thereof) served by the water facilities
up to the amount (which will include interest at a reasonable rate as is determined by the CITY at
the time of the request, accrued from the date such construction was completed) contributed by
OWNER towards construction of the new water facilities or construction of the expansion of
existing water facilities. Notwithstanding any other term or provision in this Agreement to the
contrary,the foregoing waiver of connection fees shall only inure to the benefit of the OWNER that
contributes to the aforesaid construction unless such OWNER specifically assigns its rights thereto
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in a written assignment and notifies the City of such assignment (which may be a partial
assignment).
C. To the extent that any fees charged by the CITY or other governmental agency by
reason of this Agreement or City Ordinance, are not frozen by the specific terms contained in this
Agreement, such fees may be prepaid as follows:
If the CITY increases any fees that are not prohibited from being increased by the terms of this
Agreement and are applicable to the Territory,the CITY will provide OWNER with notice thereof
and OWNER will be permitted the right to prepay the fees as they existed prior to such increase at
any time within thirty(30)days after receipt of the notice of the increase of the fees from the CITY.
OWNER's right to prepay will apply to all fees or only certain fees applicable to the TERRITORY
as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from
being applicable to that portion of the TERRITORY for which such fee was prepaid. For fees
charged on a per residential unit basis, OWNER may estimate the number of residential units and
pay such fees based on such estimated number of units or may prepay for only a certain number
(determined by OWNER) of units. Once the calculation is made, no refund of any portion of any
prepayment made will be allowed.
D. The CITY represents and warrants to OWNER that no part of the TERRITORY is
currently subject to nor is there pending any request to subject any part of the TERRITORY to any
special service area or special assessment district that will result in any special taxes or assessments
for any portion of the TERRITORY; other then charges to existing drainage districts of record; if
any.
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8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS.
A. The CITY, once it has had the opportunity to: (i) inspect and fully confirm that the
public improvements required to be constructed under this Agreement comply with CITY approved
plans, specifications and current ordinances; and(ii) approve all such public improvements, all in
accordance with Subsection 8B below,shall accept their dedication subject to OWNER's warranty,
as described herein, and shall thereafter, at the CITY's sole cost and expense, operate, maintain,
repair, and replace all such public improvements located therein. OWNER warrants that all public
improvements required to be constructed by them hereunder shall be free from defects in
workmanship or materials for a period of one (1) year after acceptance thereof by the CITY,
ordinary maintenance, wear and tear and damage by others excepted.
B. Within thirty(30)calendar days after: (i)receipt of notice from OWNER that certain
of the public improvements and facilities within a Phase of the TERRITORY under development
have been completed, and(ii) delivery to the CITY of all required documentation, the CITY shall
inspect said improvements and indicate, in writing, either its approval or disapproval of the same.
If such improvements are not approved, the reasons therefor shall, within said thirty(30) calendar
day period,be set forth in a written notice delivered to OWNER. Said reasons shall relate to defects
in labor and materials and the clearing of manholes and catch basins only and not to items in the
nature of general and ordinary maintenance or changes in standards. Upon OWNER's corrections
of the items set forth in said notice, the CITY, at OWNER'S request, shall re-inspect the
improvements to be corrected and either approve or disapprove said improvements in writing within
ten (10) working days (subject to reasonable delays caused by Acts of God or force majuere) of
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receipt of OWNER's notice requesting said re-inspection. As public improvements are partially
completed and paid for by OWNER, the Security deposited by OWNER with the CITY shall, if
requested by OWNER, be proportionately reduced or released on an individual improvement-by-
improvement basis.
C. OWNER shall be allowed to construct the required off site and onsite improvements
simultaneously with the issuance of building permits for individual lots and/or buildings, but it is
understood that building permits may not be issued unless OWNER has provided adequate road
access (i.e., binder course of paved roads) to the lots for emergency vehicles and has provided
sufficient water supplies for fire fighting purposes. All offsite and onsite improvements (except
final lift of bituminous asphalt surface on roads and except sidewalks and/or landscaping if weather,
labor strikes, plant closings or any other condition or circumstance beyond OWNER'S control
prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall
be installed by OWNER and approved by the CITY,however,before an occupancy permit is issued
for said lot or building,and the balance of the required onsite subdivision improvements not required
to serve said lot or building may be constructed in phases after issuance of the aforesaid occupancy
permit, as the development on each Phase progresses.
D. All completed public improvements constructed on, or in connection with the
development of, the TERRITORY or any Parcel or Phase thereof following their inspection and
approval by the CITY shall be conveyed by a bill of sale to, and accepted by, the CITY on an
improvement-by-improvement basis within thirty (30) days of receipt of written request for
acceptance submitted to the CITY by the OWNER. The CITY'S acceptance of any conveyance of
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a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or
development-by-development basis (i.e., acceptance of public improvements in a particular Phase
or unit of development of the TERRITORY shall not be contingent upon acceptance of public
improvements in another Phase or unit of development, provided the public improvements being
accepted can function and perform their intended purpose independent of the public improvements
in another Phase or unit of development, or if dependent on the public improvements in another
Phase or unit of development,the public improvements on such other Phase or unit of development
have been accepted by the CITY).
E. The CITY shall issue permits to OWNER to authorize the commencement of
construction of utility improvements on the TERRITORY or any Parcel or Phase thereof prior to:
(i)approval of a final plat of subdivision;(ii)prior to construction of the CITY utility improvements
provided:(1)such construction is undertaken at the risk of the party seeking to undertake such work;
(2) approved engineering plans for such improvements have been approved by the CITY that are
sufficient in detail for the CITY to determine the nature and scope of the improvements being
constructed; (3) the preliminary subdivision plat for the Phase upon which the improvements are
being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will
serve the TERRITORY, as and if applicable, have issued permits for the construction of sanitary
sewer and water lines for the Phase on which the improvements are being constructed. The CITY
agrees to process IEPA sewer and water permit applications separate and apart from the review of
final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY
approval of final engineering plans;and(5)the construction complies with the CITY'S then existing
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soil erosion ordinances.OWNER shall indemnify the CITY against any claims,actions or losses the
CITY may suffer, sustain or incur because another governmental agency takes action against the
CITY after OWNER undertakes development activities pursuant to the provisions of this Subsection
8C.
9. SIGNAGE.
The CITY agrees that during the term of this Agreement OWNER shall be entitled to display
two(2)doublefaced signs along Route 47 and two(2)doublefaced signs along Baseline Road. Each
face of each sign may equal,but shall not exceed,one hundred twenty(120)square feet. It is agreed
that any sign located anywhere on the TERRITORY at any time during the term of this Agreement
that serves as an information, direction and/or advertisement sign for any Phase, Parcel or part of
the TERRITORY shall not be deemed offsite signage even if such sign is located on a portion of the
TERRITORY other than the portion described or referred to in the sign. The CITY agrees that
neither the terms and provisions of the CITY'S current sign ordinance nor any amendment thereto
shall be allowed to restrict OWNER'S display of the foregoing described signs.
10. ELECTRIC, GAS,TELEPHONES AND CABLE TV.
The installation of the necessary and appropriate onsite electric,natural gas,cable,television,
and telephone services to the TERRITORY shall be pursuant to the requirements of such utility
companies or pursuant to the agreement of the CITY with such entities. The CITY agrees to
cooperate with OWNER to permit the extension of all such utilities along existing public right-of-
ways and/or CITY owned property and otherwise allow the extension of all necessary utilities to the
TERRITORY or any Parcel or Phase thereof. Upon OWNER'S written request, the CITY will
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exercise its powers of eminent domain, at OWNER's expense, to obtain any necessary easements
across privately owned property in order to permit road construction and/or the connection of water,
sewer, storm sewer and utility lines to the existing or any extended terminus of such lines in order
to permit the TERRITORY or any Parcel or Phase thereof to be served by such facilities.
11. INGRESS AND EGRESS.
The CITY will cooperate with OWNER in obtaining all necessary governmental approvals
including,without limitation, the approval of the Kendall County Department of Highways and/or
the Illinois Department of Transportation ("IDOT") for right-of-way connections to the
TERRITORY or any Parcel or Phase thereof. Subject to the terms of the Agreement,OWNER shall
dedicate to the CITY all necessary onsite right-of-ways,and construct all onsite public right-of-way
improvements for the TERRITORY and all roadways as shown on the Site Plan. CITY and
OWNER acknowledge that access to Parcel 3, the B3 zoned property, is essential to development
of the TERRITORY and the CITY agrees, at the request of OWNER to use the CITY'S power of
eminent domain to acquire access to Illinois Route 47 as shown on the Preliminary Plan. Owner
agrees to reimburse the CITY the cost and expenses incurred by the CITY if the CITY is requested
and so uses its powers of eminent domain to acquire access to the TERRITORY to Illinois Route
47. Further, the CITY agrees that if the property located between the TERRITORY and Illinois
Route 47 is ever annexed to the CITY, the CITY shall require from the owners thereof donation of
access points in favor of the TERRITORY at locations reasonably acceptable to the OWNER.
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12. ANNEXATION,SCHOOL/PARKLAND/CASH FEES,LIBRARY DEVELOPMENT
FEES,RECAPTURE AGREEMENTS AND ROAD FUND.
A. OWNER shall contribute to the Yorkville Community Unit School District 115 cash
in accordance with the applicable CITY ordinances in effect at the date of recording each residential
Final Plat as OWNER'S land/cash contribution requirements for the Yorkville Community Unit
School District 115 and no land donation will be made to the Yorkville Community Unit School
District 115. No land-cash fees shall be charged as to areas of the TERRITORY zoned B-3
pursuant to this Agreement.
B. (i) Upon issuance of each residential dwelling unit building permit (whether
single family,attached or detached)a school transition fee("School Transition Fee")in the amount
of$3,000.00 per individual dwelling unit shall be paid to Yorkville School District as a voluntary
payment pursuant to this Agreement so long as said fee is generally applicable to all residential
developments within the CITY as are approved by the CITY from the date of execution of this
Agreement and forward, and provided such fee is not prohibited by any court order or statute. No
portion of the TERRITORY shall be the subject of any increase in the School Transition Fee.
(ii) CITY development fees shall be paid as per current CITY Ordinance
provided such fees are applicable to all development in the CITY. OWNER shall receive a credit
against any development fees for all monies paid or advanced to the CITY for FPA expansion and
interceptor sewer fees, charges, cost or expenses.
C. The CITY acknowledges that except as specifically set forth in this Agreement, no
annexation fees or any other impact fees,transition fees,land/cash donations, contributions,capital
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development donations or exactions of any kind are required in connection with the annexation
and/or development of the TERRITORY or any Parcel or Phase thereof. Further, the CITY is not
aware of recapture agreements between the CITY and any party that affect the TERRITORY.
D. OWNER shall provide a contribution of land and cash-in-lieu of land to the CITY
for park purposes ("Park Contribution"). The total land area required for contribution for park
purposes pursuant to applicable ordinances of the CITY, as depicted on the Preliminary Plan is
10.447 acres. OWNER shall cause fee title to not less than 5.420 acres of land(the Park Parcel) at
the site depicted on the Preliminary Plan to be conveyed to the CITY, in partial satisfaction of the
Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution not
to exceed $369,484.50 in accordance with CITY ordinances at the time that building permits are
issued by the CITY for residential units,and in the amount attributable to number of residential units
for which said building permits are then issued. The Park Site shall be maintained by the OWNER
until such time as it is conveyed to the CITY. The Park site shall be conveyed to the City within
18 months of City Council approval of the final subdivision plat containing said park parcel or upon
demand by the CITY. Prior to conveyance of each park parcel,OWNER shall, at it expense,grade,
seed and prepare the park parcel in conformity with the Final Engineering and Park Development
Standards in such manner and at such time as required by applicable ordinances of the CITY. The
OWNER and the CITY agree that the OWNER shall provide land for a trail head for the trail system
with the size and location of such land to be in general conformance with the trail head shown on
the Site Plan and as reasonably determined at the time of the first final plat for the B-3 zoned
property.
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E. CITY shall be entitled to collect at the time each building permit is issued for a
residential unit to be built in the TERRITORY, a road improvement fee of$2,000.00 ("RI Fee")
which the CITY shall use for perimeter(of the TERRITORY) roadway improvements ;provided,
however, the $2,000.00 fee shall be reduced by the amount expended by OWNER for roadway
improvements to Baseline Road and/or U.S. Route 47. The term "roadway improvements" shall
include, without limitation, all costs and expenses to engineer and install roads, shoulders, curbs,
gutters, sidewalks, intersection improvements, traffic signals and signs as well as land acquisition
costs. OWNER shall periodically notify CITY in writing of the total costs and expenses for roadway
improvements expended to date. In the event OWNER has paid RI Fees and the total costs and
expenses for the roadway improvements exceeds all or any portion of the RI Fees paid to date,the
CITY shall refund to the party that paid same the amount by which the costs and expenses exceed
the RI Fees paid to date up to a maximum reimbursement of the total RI Fees paid.
13. PROFESSIONAL FEES.
OWNER shall promptly pay all outside(excludes employees of the CITY)professional fees
(without markup by the CITY)incurred by the CITY through the date the TERRITORY is annexed
to the CITY that were incurred in the preparation and administration of this Agreement, including
professional fees for engineering and legal services, upon receipt of an invoice therefor from the
CITY. All such fees shall be billed at fair and reasonable rates.
14. CITY ORDINANCES AND CODES.
The CITY and OWNER acknowledge and agree that,except as otherwise specifically stated
in this Agreement (including, without limitation Section 2 hereof), all CITY ordinances, codes,
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regulations and resolutions, as amended from time to time, shall apply to the development of the
TERRITORY as contemplated under this Agreement.
Notwithstanding any of the terms or provisions in this Agreement, however, no change,
modification or enactment of any ordinance, code or regulation shall be applied during the term of
this Agreement without OWNER'S consent so as to: (i) affect the zoning classification of the
TERRITORY or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including,
but not limited to, setback, yard, height, FAR and frontage requirements, (iii) affect the uses
permitted under the Zoning Ordinances of the CITY specified in Section 2 of this Agreement, (iv)
interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the
TERRITORY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits
attached hereto. Except as modified by the previous sentence and the provisions of Section 2 hereof
or other terms and provisions of this Agreement, OWNER shall comply in all respects with the
conditions and requirements of all ordinances of the CITY applicable to the TERRITORY and all
property similarly situated and zoned within the CITY as such ordinances may exist from time to
time subsequent to the date of this Agreement, provided, however, notwithstanding any other
provision of this Agreement, including the provisions of Section 2 hereof, if there are ordinances,
resolutions, regulations, or codes or changes thereto which are less restrictive in their application
to similarly situated and zoned lands,then OWNER, at its election, shall be entitled to application
of such less restrictive ordinances,regulations and/or codes to the TERRITORY and any Parcel or
Phase thereof.
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OWNER and all developers of the TERRITORY or any Parcel or Phase thereof shall be
entitled to take advantage immediately of any subsequently adopted amendment(s) to the CITY'S
ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive
than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement
as long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent
of the parties relative to the development of the TERRITORY or any Parcel or Phase thereof.
In the event of any conflict between the provisions of this Agreement and the exhibits
thereto, and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this
Agreement and the exhibits hereto shall control over the provisions of any ordinances, codes,
regulations and resolutions of the CITY.
15. BUILDING PERMITS AND RELATED INSPECTIONS.
A. The CITY shall act upon each application for a building permit for which OWNER,
or its duly authorized representative, shall apply, within fifteen (15) business days of the date of
application therefor or within fifteen (15)business days of receipt of the last of the documents and
information required to support such application, whichever is later, provided the applicable
improvements for which the building permit applies will be constructed and installed in accordance
with the approved final plat and approved final engineering for the development of the Phase of the
TERRITORY. If the application is disapproved, the CITY shall provide the applicant with a
statement in writing specifying the reasons for denial of the application including a specification of
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the requirements of law that the applicant and supporting documents fail to meet. The CITY
agrees to issue such building permits upon the compliance with those legal and documentary
requirements so specified by the CITY.
B. Subject to any other necessary governmental regulatory approval, the CITY shall
permit OWNER, and its duly authorized representative, to install temporary waste water holding
tanks and temporary water facilities to serve sales offices or similar temporary structures,and model
buildings constructed on the TERRITORY or any Parcel or Phase thereof,provided that each such
temporary tank and temporary water facility shall be removed and disconnected and said structures
shall be connected to the sewer or other permitted waste disposal systems, and water mains, at
OWNER' sole cost, at such time as sewer and water systems become available.
C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY
unless the same are lawful and being collected by the CITY from owners, users and developers of
similarly situated and zoned property within the CITY limits as of the date of the imposition of such
fees.
16. RECAPTURE AND BENEFITTED PROPERTIES.
If: (a) sewer and/or water lines installed in any Phase of the TERRITORY by OWNER are
sized to a capacity to serve properties other than OWNER'S; (b) the construction and installation
of any water and/or sewer connections and extensions will benefit any property lying outside the
applicable Phase of the TERRITORY; (c) in order to improve the TERRITORY or any portion
thereof,OWNER is required to expend funds to construct or enlarge the wastewater facilities,water
facilities and/or storm water facilities (i.e., storm water sewers, collection and conveyance
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improvements, and detention ponds) which facilities will benefit any property lying outside of the
applicable Phase and which is not owned by OWNER installing same, (the foregoing (a), (b) and
(c) are hereinafter collectively referred to in this Section 16 as "capacity"); or (d) any of the road
improvements will benefit any property lying outside of the Phase of TERRITORY in which the
road improvements are installed; the costs and expenses of any capacity above and beyond the
capacity needed by OWNER and the cost and expense of the road improvements relative to that
portion of the road improvements that will benefit the other property lying outside the Phase in
which the road improvements are installed shall be subject to recapture if connection thereto is made
by any other party.The CITY agrees,pursuant to Chapter 65, Sections 5/9-5-1 of Illinois Compiled
Statutes (2002), and the terms and provisions of a boundary agreement between Kane County,
Illinois and the CITY if such provisions are applicable, to execute a recapture agreement contract
with OWNER by which the CITY agrees to reimburse OWNER from amounts collected from
benefitted property owners for that portion of the cost of such capacity and/or road improvements
which will benefit other properties and to hold hearings on such contract as are required by statute.
The recapture agreement shall provide for reimbursement from such other parties connecting to such
capacity and/or benefitting from such road improvements on a prorata basis. Each person using such
capacity and/or benefitting from such road improvements shall pay to OWNER the cost for that
portion used and/or that will benefit such other owners together with interest at a reasonable rate as
determined at the time a recapture agreement is sought on such portion with such interest to accrue
commencing on the date of acceptance by the applicable governmental authority of such capacity
and/or road improvements and continuing until OWNER has been repaid for such portion. Any
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recapture agreement shall include customary provisions for the repayment to OWNER of all costs
and expenses, including, without limitation, administration fees and approved reasonable interest
rate thereon of constructing and installing such capacity and/or road improvements. The CITY
agrees to hold all public hearings necessary to bind the other parties using the capacity and/or
benefitting from the road improvements to the recapture agreement benefitting OWNER. Both the
area benefitted by the capacity and/or road improvements and the amount of said benefit for each
property shall be determined by the CITY. Such recapture agreement contract shall be for a term
of twenty (20) years and shall also provide that the CITY shall collect such costs of the capacity
used by other owners and/or the costs of road improvements, together with all costs, expenses,
interest and administrative fees charged to the owner of such property outside the Phase or portion
of the TERRITORY(which may include the entire TERRITORY)upon which the capacity or road
improvements have been installed upon the first to occur of the time of platting, development or
issuance of a building permit for such owners' properties or the connection to and use of the said
capacity and/or road improvements by the respective properties of each owner. The CITY agrees
not to issue building permits to a benefitted owner of property until such property's recapture
amount and interest have been paid in full. The CITY shall have no liability under the recapture
agreement contract except for amounts collected from benefitted property owners or if the CITY
issues building permits without obtaining collected funds from such property owners for their
recapture amounts due under the recapture agreement contract.
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17. CERTIFICATES OF OCCUPANCY AND MODELS.
A. The CITY shall not be obligated to issue a certificate of occupancy for any building
constructed within the TERRITORY until the entire building for which a certificate of occupancy
is being sought is connected to and capable of being served by sanitary sewers(which may include
connection to sewer facilities described in Section 5 C of this Agreement), storm sewers, water
mains,public streets,natural gas lines,and electric utilities, and is in conformance with the CITY'S
Building Codes. The CITY shall issue certificates of occupancy for buildings and dwelling units
constructed on the TERRITORY or any Parcel or Phase thereof within ten(10)working days after
proper application therefor or within ten (10) working days after the receipt of the last of the
documents or information required to support such application,whichever is later. If the application
is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of
the application and all documentation or information required to support such application, with a
statement in writing of the reasons for denial of the application including specification of the
requirements of law which the application and supporting documents fail to meet. The CITY agrees
to issue such certificates of occupancy upon the applicant's compliance with those requirements of
law so specified by the CITY. The CITY,at its expense,shall retain the services of such consultants
and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its
obligations under this Subsection 17A. The foregoing, however, shall not negate the obligation of
OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of
certificates of occupancy under applicable CITY ordinances.
Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for
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buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements
have not been completely finished due to adverse weather conditions subject to the following
understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and
a party fails to complete the driveway and/or sidewalk paving or grading improvements for such
building or dwelling unit as soon as weather permits but in any event by the following summer,the
CITY shall have the right to withhold the issuance of further building permits to such party until
such exterior work has been completed; (ii) with respect to the last Phase of development on the
TERRITORY,for any building or dwelling unit for which a certificate of occupancy has been issued
with incomplete exterior conditions, adequate security,which may be by a bulk surety in the form
of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such
work; and (iii) the CITY is hereby granted rights of access to the applicable Phase of the
TERRITORY so that, if necessary, the CITY can complete such work. Notwithstanding the
foregoing, if the provisions of(i) above apply but if the party that failed to complete the drive way
and or side walk paving or grading improvements posts Security with the CITY in the amount of
one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY
to be needed to complete such improvements or to effect such corrections, the CITY shall not
withhold the issuance of such building permits or certificates of occupancy. Under no circumstances
shall the failure of Commonwealth Edison or another utility company to have installed street lights
within a given Phase of development on the TERRITORY constitute a basis for the CITY denying
the issuance of building permits or a certificate of occupancy for buildings and dwelling units
constructed or to be constructed within such Phase of the TERRITORY.
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B. The CITY agrees to allow OWNER to construct and use a model unit for each type
of housing product being constructed in the particular development Phase after a final plat of
subdivision for a Phase has been approved and recorded for all or any portion of the TERRITORY.
OWNER and each builder or developer to whom OWNER sells a portion of the TERRITORY shall
be permitted to apply for and shall receive one (1) temporary certificate of occupancy for each
different type or design of model building which they may respectively construct within the
TERRITORY,provided,however,that no such temporary certificate of occupancy shall be issued
unless the model building at issue otherwise complies with the CITY'S building codes and related
codes,and,in the reasonable opinion of the CITY building department,is suitable for nonresidential
occupancy. The CITY agrees to permit in the model home area temporary fencing, lighting,
signage, parking lots and promotional structures. Each developer shall submit to the CITY for its
approval plans and specifications for the model homes that the developer seeks to construct within
a model home site. The CITY shall review and approve or disapprove,by written notice,those plans
and specifications within thirty(30) days of their submission. Failure to provide such notice shall
be conclusively deemed approval of such plans .and specifications. Once those plans and
specifications have been approved by the CITY, the CITY shall issue building permits for the
construction of such model homes. Said model dwelling homes need not be connected to sewer
(which includes a land application or common septic system) and water until they are occupied as
residences, as long as temporary sanitary facilities (i.e., septic fields or holding tanks) are made
available at the builders' cost, to serve said model dwelling units. If the model homes otherwise
comply with the building codes and requirements existing as of the time such homes are constructed
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(which codes and requirements may be current codes and requirements as specified in this
Agreement), any more restrictive changes in such codes enacted prior to the time a request for
issuance of final certificates of occupancy is submitted to the CITY shall not be applicable to such
model homes. Before model homes are occupied as residences, they shall be connected to sewer
and water facilities and all other utility services offered to homes in the Phase of development of
the TERRITORY that contains such model homes. The CITY also agrees to allow OWNER to
construct and use a temporary sales office and a construction trailer per development Phase. The
temporary sales trailer shall be removed at such time as the model units being served by said
temporary sales office are available for residential use. The aforesaid temporary use permits shall
be issued upon the CITY'S approval of each final plat of subdivision for each Phase of Parcel 1.
18. DISPLAY PURPOSES.
The CITY agrees to allow OWNER to open for display purposes the model units prior to
connection to sanitary sewer and water subject to OWNER obtaining approval of the CITY for
temporary water and sanitary sewer services or alternate means of satisfying said lack of available
utilities at the model home area being developed.
19. TEMPORARY PARKING.
The CITY agrees to allow OWNER to construct temporary parking facilities (with binder
course asphalt) or other appurtenances to the model units and sales office prior to recording a final
plat of subdivision for that Phase of the TERRITORY upon which the model units and sales offices
are to be located subject to the approval of the CITY and compliance with the CITY'S building
codes.
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20. FEMA LETTERS OF MAP REVISION.
The CITY shall cooperate with OWNER in securing conditional and final letters of map
revision from the Federal Emergency Management Agency so that the limits of floodplain existing
on the TERRITORY,if any,are accurately delineated. The CITY acknowledges and agrees that the
issuance of such letters shall not be a condition precedent to the commencement of grading,
construction or development activities on the TERRITORY and OWNER shall have the right to
proceed with such activities, at their risk,prior to the issuance of such letters provided: (i)no work
is undertaken in the regulatory floodway; (ii) the party seeking to undertake such work first
establishes, to the satisfaction of the CITY, the boundaries of the floodplain on the portion of the
TERRITORY upon which said work is to be undertaken; (iii) the party undertaking such work
provides one hundred fifty percent(150%) compensatory storage for any portion of the floodplain
it fills; (iv)no dwelling unit lot situated in the floodplain that is awaiting issuance of a letter of map
revision is conveyed to any third party purchaser until such letter of map revision is issued by
FEMA;and(v)the party seeking to undertake the work issues a hold harmless indemnification letter
to the CITY in a format acceptable to the CITY. If FEMA or another governmental agency other
than the City or its divisions issues a stop work order on a portion of the TERRITORY that is
awaiting issuance of a letter of map revision, the CITY shall not be deemed in default under the
provisions of this Agreement and the party seeking to undertake work on such portion of the
TERRITORY shall stop such work until such stop work order is rescinded or declared invalid. Such
party shall not be required to stop work on portions of the TERRITORY that are not within the
floodplain, notwithstanding the issuance of such stop work order.
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OWNER acknowledges and agrees to participate in the funding of the Rob Roy Creek
Flood Study.OWNER shall pay within sixty(60)of receipt of an invoice from the CITY OWNER'S
proportionate share of the study calculated by dividing the total costs and expenses of the study by
the total acreage included within the study and multiplying that quotient by the acreage of the
TERRITORY.
21. TRANSFER
It is specifically understood and agreed that OWNER and its successors and assigns shall have
the right to sell, transfer, mortgage and assign all or any part of the TERRITORY or any Phase or
Parcel and the improvements thereon to other persons, trusts,partnerships, firms, or corporations
for ownership, operation, investment, building, financing, developing, construction and all such
purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the
same rights and privileges and shall have the same obligations as OWNER has under this
Agreement, and upon such transfer, such obligations relating to that part of the TERRITORY sold,
transferred, mortgaged or assigned shall be the sole obligation of the transferee, except for any
security posted by OWNER on any subdivided or unimproved property for which an acceptable
substitute security has not been submitted to the CITY,and transferor shall be relieved of all duties
and obligations hereunder relating to that portion of the TERRITORY, Phase or Parcel so sold,
transferred or assigned.Without limiting the foregoing provisions of this Section 21 ,the indemnity,
defense and hold harmless provisions of Subsections 8E and Section 20 shall be the obligation of
the specific owner and/or owners of that portion of the TERRITORY upon which such work and/or
utility installation is occurring.
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22. CITY ASSISTANCE.
The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER
in applying for and obtaining any and all approvals or permits necessary for the development of the
TERRITORY, including, but not limited to those required from the Illinois Environmental
Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency,
IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board
and Yorkville Community Unit School District 115. The CITY further agrees to reasonably
cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary
district,the County of Kendall and all other governmental units in connection with the contemplated
development of the TERRITORY or any Phase thereof.
23. GOVERNING LAW, ENFORCEMENT, REMEDIES.
A. The laws of the State of Illinois shall govern the validity, performance and
enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to secure
the specific performance of this Agreement,or to secure any and all other remedies available at law
or in equity in connection with the covenants, agreements, conditions, and obligations contained
herein.
B. In the event of a material breach of this Agreement, the parties agree that the
defaulting party shall have thirty(30) days after notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein; provided, however: (i) any
breach by OWNER reasonably determined by the CITY to involve health or safety issues may be
the subject of immediate action by the CITY without notice or thirty(30) day delay; and(ii)if the
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cure for any breach that does not involve health or safety issues cannot reasonably be achieved
within thirty(30)days,the cure period shall be extended provided the breaching party commences
the cure of such breach within the original thirty(30) day period and diligently pursues such cure
to completion thereafter.
C. In the event the performance of any covenant to be performed hereunder by either
OWNER or the CITY is delayed for causes which are beyond the reasonable control of the party
responsible for such performance (which causes shall include, but not be limited to, acts of God;
inclement weather conditions; strikes;material shortages; lockouts; the revocation, suspension, or
inability to secure any necessary governmental permit,other than a CITY license or permit; and any
similar case),the time for such performance shall be extended by the amount of time of such delay.
D. The failure of the parties to insist upon the strict and prompt performance of the
terms,covenants,agreements;and conditions herein contained,or any of them,upon any other party
imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right
thereafter to enforce any such term,covenant, agreement, or condition,but the same shall continue
in full force and effect.
24. INTEGRATION AND AMENDMENT.
A. This Agreement supersedes all prior agreements and negotiations between the parties
and sets forth all promises, inducements, agreements, conditions, and understandings between and
among the parties relative to the subject matter hereof, and there are no promises, agreements,
conditions,or understandings,either oral or written,expressed or implied,between or among them,
other than as are herein set forth.
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B. Except as herein otherwise provided,no subsequent alteration,amendment,change,
or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed
by them or their successor in interest or their assigns.
25. SUCCESSORS AND ASSIGNS.
This Agreement shall inure to the benefit of, and be valid and binding upon, OWNER and
the CITY, their respective successors and assigns, and all builders and developers of any portion,
Phase or Parcel of the TERRITORY, and is further intended to be binding upon and inure to the
benefit of each successive lot owner of the various lots of record created by the approval and
recording of final plats. It is agreed that the term "OWNER" shall be deemed to include any
successor or assign of the current OWNER and any subsequent OWNER.
26. SEVERABILITY.
Should any provision of this Agreement,or application thereof to any party or circumstance,
be held invalid and such invalidity does not affect other provisions or applications of this Agreement
which can be given effect without the invalid application or provision,then all remaining provisions
shall remain in full force and effect.
27. TIME.
Time is of the essence of this Agreement, the terms hereof and all documents, agreements
and contracts pursuant hereto.
28. TERM OF AGREEMENT.
This Agreement shall be valid and binding for a period of twenty(20) years from passage
by City Council.
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29. NOTICE.
All notices, elections, and other communications between the parties hereto shall be in
writing and shall be mailed or delivered personally or by overnight courier or messenger service
(i.e., Federal Express, UPS, etc.) or by facsimile transmission to the parties at the following
addresses, or at such other address as the parties may,by notice, designate:
If to the CITY:
Anton Graff
City Administrator
City of Yorkville
800 Game Farm Rd.
Yorkville, Illinois 60560
Fax No. (630) 553-7575
With a copy to:
Daniel J. Kramer, Esquire
1107A South Bridge Street
Yorkville, Ill. 60560
Fax No. (630) 553-5764
If to OWNER:
IRED Baseline, L.L.C., an Illinois limited liability company
Attn: Matthew Fiascone
2901 Butterfield Road
Oak Brook, Illinois 60523
Fax No. (630) 954-5673
With a copy to:
H. Dan Bauer Esquire
Vice President and Senior Counsel
The Inland Real Estate Group, Inc.
2901 Butterfield Road
Oak Brook, Illinois 60523
Fax No. (630) 218-4900
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Notices shall be deemed received on the day of delivery if personally delivered,the day after
deposit with an overnight courier or messenger service and on the day of facsimile transmission
provided such transmission is completed by 5:00 p.m. and if not completed by 5:00 p.m.,then such
notice will be deemed received on the next succeeding business day. Notice to a party's attorney
will be deemed notice to such party and notice from a party's attorney will be deemed notice from
such party.
30. CURRENT USES AND APPLICATION OF CITY TAXES.
It is understood and agreed between the parties hereto that the TERRITORY and each Phase and
Parcel may continue to be used and occupied(without any change or alteration)for the current uses
of the existing OWNER of the TERRITORY and/or as are permitted in the zoning classifications
set forth in Section 2 hereof. All current uses of the TERRITORY that are not permitted under the
zoning classifications specified in Section 2 hereof shall be considered legal, nonconforming uses.
It is further agreed by the CITY that the CITY will rebate the CITY portion of real estate taxes to
the TERRITORY until the first to occur of the approval of a Final Plat of subdivision for the
TERRITORY or any Parcel or Phase thereof or five(5)years after the date the annexation ordinance
for the TERRITORY is recorded with the Kendall County Recorder's Office.
31. SUBSEQUENT AMENDMENTS.
It is understood and agreed that all subsequent amendments of this Agreement, plats of
subdivision/PUD or any development of the TERRITORY may be obtained for all or any Phase of
the TERRITORY without affecting the rights,duties or obligations of the parties hereunder or their
assigns as to the balance of the TERRITORY not included in the aforedescribed actions. Any
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subsequent zoning, building, development or platting requests may be processed by the CITY
without requiring an amendment of this Agreement or the consent or signature of any other OWNER
hereunder or any transferee of OWNER of any portion or Phase of the TERRITORY not included
in the aforedescribed actions.
32. COVENANTS RUNNING WITH THE LAND.
The covenants and agreements contained in this Agreement shall be deemed to be covenants
running with the land during the term of this Agreement and shall inure to the benefit of and be
binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its
corporate authorities and their successors in office, and is enforceable by order of court pursuant to
its provisions and the applicable Statutes of the State of Illinois.
33. FUTURE APPROVALS AND COOPERATION.
To the extent that OWNER requires future approvals from the CITY or its staff in connection
with the development of the TERRITORY or any Phase or Parcel thereof, the CITY shall not
unreasonably withhold or delay such approval,nor require a public hearing in connection therewith,
except as may be specifically required by applicable Illinois law or CITY current ordinances.
OWNER and the CITY shall cooperate with one another on an ongoing basis and make every
reasonable effort(including, with respect to the CITY,the calling of special meetings,the holding
of additional public hearings and the adoption of such ordinances as may be necessary) to further
the implementation of the provisions of this Agreement and the intention of the parties as reflected
by the provisions of this Agreement. The foregoing obligation on the part of the CITY shall extend
to assisting OWNER in the procurement of offsite easements and rights of access for purposes of
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constructing the necessary utility and roadway improvements and such assistance shall include the
CITY'S exercise of its power of eminent domain.
34. POSTANNEXATION CITY ACTIONS.
Following the annexation of the TERRITORY to the CITY and its zoning as set forth herein,
the Corporate Authorities shall: (i)record with the Kendall County Recorder's Office and file with
the Kendall County Clerk's Office the annexation plat and ordinance, record with the Kendall
County Recorder's Office the zoning ordinances enacted by the CITY for the TERRITORY, if
required by State Statute, and shall give notice of such annexation to the applicable election
authorities and to the post office branches serving the TERRITORY, as required by Section 7/11
7/1.l of the Illinois Municipal Code,as amended;(ii)use its best efforts to establish in conjunction
with the U.S. Postal Service a Yorkville mailing address for all portions of the TERRITORY or
otherwise take all actions to insure that all future owners and occupants of dwelling units
constructed on the TERRITORY have a Yorkville mailing address; and(iii)within one(1)year of
the effective date of this Agreement, amend and update its Comprehensive Plan to reflect the
zoning, use and development of the TERRITORY as contemplated by the provisions of this
Agreement.
35. CURRENT.
The term"current" shall refer to those codes and ordinances in existence as of date that this
Agreement is executed by the CITY. The CITY agrees to execute this Agreement within fifteen(15)
business days after the CITY Council votes to accept the terms and provisions of this Agreement.
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36. TERMINATION OF AGREEMENT DUE TO FAILURE OF CONTIGUITY.
If the TERRITORY does not become contiguous to the CITY within five(5)years from the
date of this AGREEMENT,the OWNER shall be entitled to terminate the terms and provisions of
this AGREEMENT by notifying CITY in writing of such termination and unless the TERRITORY
becomes contiguous to the municipal limits of the CITY within 30 days after receipt of such notice
by the CITY, this AGREEMENT shall become null and void and of no further force and effect
relative to the TERRITORY.
IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first
above named.
UNITED CITY OF YORKVILLE, IRED BASELINE, L.L.C, an Illinois
a municipal corporation limited liability company
B A By: IRED Development Ventures, Inc., an
Its: Mayor Illinois corporation
By: /i��
atthew G. Fiascone
Attest, Its: President
By: ....
Its: ity Cl ••��� of Yp'••
BASELINE PARTNERS, L.L.C., an Illinois
•
limited liab' 1
Corporate company
SEAL By:
•yF�,, w. Michael D. Firsel
�Q�L• :gyp. Its: Manager
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Doc:58228i4
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
I, the undersigned,na Notary Public n and for said County, in the State aforesaid, DO
HEREBY CERTIFY that A- `1 LL t; . d ►ti('( �� `�K it, �� „and Z t�t �� z"Z� 1 L�-c i-
personally known to me to be and L RK,respectively, of
the CITY OF YORKVILLE and personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such President and City Clerk of said City, appeared
before me this day in person and acknowledged that they signed and delivered the said instrument
pursuant to the authority given by the President of said City as their free and voluntary act, and as
the free and voluntary act and deed of said City, for the uses and purposed therein set forth.
GIVEN under my hand and notarial seal this C day of 2004.
C
Notary Public
My commission expires:
OFFICIAL SEAL
DENISE KASPER
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES SEPTEMBER 14,2W8
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I,the undersigned,a Notary Public in and for the County and State aforesaid,DO HEREBY
CERTIFY that MATTHEW G. FIASCONE,personally known to me to be the President of IRED
DEVELOPMENT VENTURES,INC., an Illinois corporation, sole member of IRED BASELINE,
L.L.C., an Illinois limited liability company("LLC"), and personally known to me to be the same
person whose name is subscribed to the foregoing instrument,appeared before me this day in person
and severally acknowledged that as such President, he signed and delivered the said instrument,
pursuant to the authority given by the board of directors of said corporation, as his free and
voluntary act, and as the free and voluntary act and deed of said corporation as sole member of the
LLC, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this ,?.s-f.X- day of ' 2004.
Notary P lic
My commission expires: /oX-�/s
rwwvv�n
OFFICIAL SEAL
MARY L RAMMIEN
-43- NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/03/05
Doc:58228/4
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I,the undersigned,a Notary Public in and for the County and State aforesaid,DO HEREBY
CERTIFY that MICHAEL D. FIRSEL, personally known to me to be the Manager of BASELINE
PARTNERS,L.L.C., an Illinois limited liability company("LLC"), and personally known to me to
be the same person whose name is subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such Manager, he signed and delivered the said
instrument, pursuant to the authority given by the provisions of the Illinois Limited Liability
Company Act as stated in the Operating Agreement of the LLC, as his free and voluntary act, and
as the free and voluntary act and deed of said LLC, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of ' 2004.
d
Not ublic
My commission expires: /�/3�S
OFFICIAL SEAL
MARY L RAMMIEN
NOTARY PUBLIC.STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/03/05
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Annexation Agreement
IRED Baseline, LLC
(Bailey Meadows)
List of Exhibits:
A. Legal Description
B. Plat of Annexation Mylar
C. Site Plan
D. Legal Description of Parcel 1 to be Zoned R-2 General Residence District
E. Legal Description of Parcel 2 to be Zoned R-3 General Residence District
F. Legal Description of Parcel 3 to be Zoned B-3 Service Business District
G. Preliminary Plan and Preliminary Landscape Plan
H. United City of Yorkville Zoning Ordinance
I. United City of Yorkville Subdivision Control Ordinance
J. United City of Yorkville Park Development Standards
K. Letter from School District #115 regarding School Land/Cash Donation
EXHIBIT "A"
Legal Description
-45-
Doc:58228/4
EXHIBIT "A"
OVERALL PARCEL DESCRIPTION:
LEGAL DESCRIPTION PARCEL 1:
Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7 East of the
Third Principal Meridian, according to the plat of the government survey of said Section
5, (EXCEPT that part described as follows: Beginning at the Southeast corner of said Lot
2; thence West 40 chains to the Southwest corner of said Lot; thence North 38-1/2 links
to the south bank of a ditch; thence South 89 degrees 30 minutes East, 40 chains to the
Point of Beginning AND EXCEPTING THEREFROM that part of the Northeast Quarter
of Section 5, Township 37 North,Range 7 East of the Third Principal Meridian,
described as follows: Beginning at a point on the north line of said Northeast Quarter,
1961.60 feet east of the Northwest corner of said Northeast Quarter; thence East along
said north line, 667.0 feet; thence South at right angles to said north line, 396.0 feet;
thence West at right angles to the last described course, 667.0 feet; thence North at right
angles to the last described course, 396.0 feet to the Point of Beginning), in the Township
of Bristol, Kendall County, Illinois.
LEGAL DESCRIPTION PARCEL 2:
That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 4, described as follows:
Beginning at the Northwest corner of said section; thence South on the section line, 26.80
chains; thence East parallel with the north line of said section, 14.30 chains; thence in a
northeasterly direction to a point in the north line of said section, 20.67 chains east of the
point of beginning; thence West along the section line to the Point of Beginning, in the
Township of Bristol, Kendall County, Illinois.
ALSO:
That part of Baseline Road Lying North of and Adjoining said Parcels 1 and 2
not heretofore Annexed to the United City of Yorkville, Kendall and Kane
County Illinois.
PREPARED BY: SPACECO, Inc.
PREPARED: May 21, 2004
N:\Projects\3571\CADD\SURVEY\Legals\OVERALL PARCEL DESCRIPTION.doc
EXHIBIT "B"
Plat of Annexation
r
-46-
Doc:ssaasia
PLAT OF ANNEXATION AND ZONING
NORTH LINE OF GOVERNMENT LOT 2 AND
NORTH L NE.M11.1/4 SEC.4-37-7 z
392.95' N
—
NORTH LINE OF GOVERNMENT LOT 2 AND POINT OF BEGINNING
NORTH LINE.NX-114.SEC.5-31-7 16.72 CHAINS.118iff W%C EL 2
L A14GOYT.JOG 'AAG
99, 30'OFFSET
Tz
sa 1540 420.81' POINT OF BEGINNING ROAD S"-Will,I L
OFFSET LINE
IID!LI3' N XCEPTION 2I.8 4 I I I—
89,0150,E BASELINE
ImarMN'll,E.
4 CORNEAL S.W./.
==;;MME—Cjz, SEC.33-384
L44.2r-
.111,E ...AEC.&CAX.
4150,M.A AEC, N W91011 40- C.)
Z 20.6T CHAINS REC. SCALE I"-ZOD'Ru V�T. C 0 ,
S.W. POINT 1961 60` EXCEPTOON
C,
MO.Jr.24813 SEC.5-37-7 EAST OF
CORNER OF N.N.4�,/,AM
-;a TO PARCEL
0 200 400
667.00' 1?
it
N89*08'11"E BASIS
4
667.00' OF BEARINGS 19 N 59'01'50- 2 FOR THE SOUTH LINE
C.A CALL OF THE SOUTHEAST QUARTER OF SECTION 32-38-7
Secl.08.
tt"W'
-237.02'
429.9 6,
s �P^ / !I /� NOTE,
BOUNDARY IWEIRMATION SHOWN FROM
Hy ALTAIACSM LAND TITLE SURVEY PREPARED 11-0-2002
. INC.
PE -1. 30.524CRES MDR 0 ESS LOA YRUETT IGER. TONELL I A,ASSOCIATES-
31388 ACRES MORE OR LESS 8
L PROP SE Z'+ DRAWING NO. 402-215DA
PROPOSED ZONING
ZON NG 0
wi
88.523 ACRES MORE OR LESS B-3
PROPOSED ZONING HEREBY ANNEXED TO/THE
R-2 UNITED CITY OF YORKVILLE THIS PROPERTY IS NOT CONTIGUOUS
CENTERLINE OF ILLINOIS ROUTE 47 TO THE UNITED CITY OF YORKVILLE.
PER It DOC.NO.907256
58998'10"W
Him WI ,
z
PARCEL 2
01 - 'Mit
-t PART OF
GOVERNMENT WESTERLY R.O.W.LINE OF ILLINOIS ROUTE 4?
LOT 2 PER DOC.NO.907256
PARCEL T 4-37-7
GOVERNMENT %
LOT 2S� '
5-37-7
LEGAL DESCRIPTION PARCEL 1:
Lot 2 of the Northeast ouarter of section 5. Township 37 North. Range 7 East of the
SG.00r Third Principal Meridian. oc:w n%to the C.8 10_T of the 00VOrnindint survey Of sold Seri
L ALL d L llowis_ an
EXCEPT that Part de&W;b nnlng at the Southeast carrier of said Lot
WITH NORTH LIVE LINE PARALLEL T 2. hence West 4D chains to the SOUthW&St cos-ner a Sold Lot; theme North 38-112 links
WITH NORTH LINE OF SE 4-37-7 to he south bank of a dlichs thence South 89 degrees 30 40 chains +a the
OF SEC.4-37 7 mlnu+& -
Point of Beginning AND EXCEPTING THEREFROM that port of the Northeast Quarter
of section 5. Township 37 North. Range T East of the Third Principal Meridian.
described as #01 10w6ttBeginning at 0 point on the north I Ins of sold Northeast Ouwter,
3'
S9913VE REC. 1961.60 feet east of he Northwest ecrries, of sold Northeast Quarter,. theme East along
T sold north I Ins. 66T.D foots thence South
(40 CHAINS AEC-) 1119"'II-E eat right angles; to gold north I ine, 396.0 feett
2146,76' il"ll Mence West at,rignt angles to the lost described course. 667.0 foots thence North of right
943.8(r REC.
OVERLAP
2651.83' 14 G.Alic,-11 14.30 CHAINS 0 1$& 'to In* 061 C505crIbed course. 396.0 feet to the Point of Begirning), in the Township
-S) SBT'33'01"# '57"W //R NBO106'il-E Of Br Kendall County. Illinois.
25,11'138Y,LINK S88105 WORTH RIGHT WAY LINE- OF WAY
NO11419"ll S.W.CORNER OF COWED Is G 3*1 0 43.80'
GOVERNMENT iro PARCEL 1 9 COMMONWEALTH EDISON CORNER(0,331 1 LEGAL DESCRIPTION PARCEL 2:
LOT 2 - - - - - - 'hot port of L he Northwest Quarter of Section A. Township 3T North. Range T
- - - - - - - - - - -r fast of the III,
, 0" 2 "" t
- - - - - - - - - - - - - d Principal Meridian. according to the plot of the government survey of
WORTH RIGHT OF WAY LINE
Said Section 4. described as follows.
OF OWED PER DOC.NO.TS
- - - - -
NORTH RIGHT OF MAY LINE OF COMM SOUTH LINE'.GOVERNMENT AND NORTH LINE OF DOC.NO.
.�jj Beginning at " Nor+hms+ corner 04 gold sections theme South on +he section line 0,
1543611 ITRUSIF NO.35913) tris, theme East po-al lei with the north line 04 sold section. 14.30 choirist +,."26�na
PER DOC.NO.73-2720 AND NORTH LOT 2.N.E.Y.SEC.5-37-7 nor+heosterly direction to a point in the north I!he of said section. 20-67 Chains east of the
LINE OF DOC.40.154368 ITRUST NO.55513)
POINT OF BEGINNING EXCEPTION(PARCEL 1) point of beginning; thence West along the section line to the Point of Beginning. in the
E
I S .CORNER GOVERNMENT LOT 2 SEC.5-37-71 Township of Bristol. Kendall County, I I I inois.
tS.W.CORNEA GOVERNMENT LOT 2 SEC.A-37-71
ALSO:
That port of Baseline Flood Lying North of and Adjoining sold Parcels I and 2
not heretofore Annexed to the United City of Yorkville. Kendall and Kane
County Illinois.
STATE OF ILLINOIS)
I S.S.
COUNTY OF KENDALL)
STATE OF ILLINOIS) STATE OF ILLINOIS)
) S.S. I S.S.
1. THE UNDERSIGNED. AS THE RECORDER OF DEEDS FDR KENDALL COUNTY, DO
HEREBY CERTIFY THAI INSTRUMENT NO. COUNTY OF KENDALL) COUNTY OF KENDALL)
WAS FILED FOR RECORD IN THE RECORD R F C K ALL COUNTY.
ILLINOIS ON THE —ENV OF PLATS AT PAGE APPROVED OF 20--AT O'CLOCK -.M. AND
WAS RECORDED IN BOOK/ P DYED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE.
A NOTARY PUBLIC IN AND FOR THE COUNTY AND KENDALL COUNTY. ILLINOIS THIS_ DAY OF 20 .
STATE AFORESAID HEREBY CERTIFY THAT
WHO
ARE/IS PERSONALLY KNOWN To ME TO BE THE SAME PERSDNIS). THOSE NAMES ARE SUBSCRIBED TO THE
FOREGOING OWNER'S CERTIFICATE. APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THE STATE OF ILLINOIS I
KENDALL COUNTY RECORDER EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENT AS THEIR FREE AND VOLUNTARY ACT. ATTEDET�UTY CITY CLERK ISS
MAYOR COUNTY OF COOK I
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _DAY OF 20_.
WE. SPACECO, INC.. AN ILLINOIS PROFESSIONAL DESIGN FIRM. NUMBER
184-001157. DO HEREBY DECLARE THAT WE HAVE PREPARED THIS PLAT
OF THE PROPERTY DESCRIBED IN THE CAPTION ABOVE F DR T HE
STATE OF ILLINOIS) STATE OF ILLINOIS NE
PURPOSES OF ANNEXING TO THE UNITED CITY OF YORKVILLE. ILLINOIS.
I S.S. I S.S.
COUNTY OF KENDALL) NOTARY PUBLIC COMMISSION EXPIRES COUNTY OF KENDALL) ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF.
GIVEN UNDER OUR HAND AND SEAL THI$. DAY OF
200 ............
THIS IS TO CERTIFY THAT IS/ARE AS THE COUNTY CLERK OF KENDALL COUNTY ILLINOIS. IN ROSEMONT. ILLINOIS.
THE THE LAND DESCRIBED IN T14E FORE NG S V YDR S C AT] )CATE AND D8 HERESY CERTIFY T THERE ARE NO DELINQUENT GENERAL TAXES. NO UNPAID FORFEITED TAXES.
10 DESCRIBED AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUID 0 IN THE
DO HEOREOR"CO'NOSENT TO THE ANNEXATION OF SAID GOI PROPERTY TO THE UNITED OE PLAT HEREON DRAWN.
H 4
CITY OF YORKVILLE. FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION ON WITH THE
PLAT HEREON DRAWN. C. BRIAN LDUNSBVRY I.P.L.S. Mo. 035-2841
DATED AT YORKVILLE. ILLINOIS THIS—DAY OF 20
LICENSE EXP[RES 11-30-2004
STATE OF ILLINDIS) G,14VEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE. ILLINOIS. I AL I D ONLY IF EMBOSSED SEAL AFFIXED) t
S.S. T IS DAY OF_20
"'
COUNTY OF KENDALL) PLAT OF ANNEXATION AND ZONING
ACCEPTED AND APPROVED BY THE UNITED CITY OF YORKVILLE PLANNING COMMISSION. THIS
DAY OF 2 0
•PLANNING COMMISSION CHAIRPERSON
I FLIAEANMON
9575 W.if do R.- I
PLAT OF ANNEXATION AND ONING
EXHIBIT «B „
NORTH LINE OF GOVERNMENT LOT 2 AND
NORTH LINE , N . W . 1/4 SEC . 4- 37- 7
1392 .95 ' N ---
NORTH LINE NORTH LINE , N. E. /aGOVERNMENT
SEC , 5 - 3707 2 AND 16 . 72 CHAINS= 1103 .52' REC . GOVT . JOG PARCEL 2 BEGINNING S89°I08 '11 '0W
1540 . 99 ' , 420 81 ° 1109 . 62' MEAS .
POINT OF BEGINNING ROA® w w 30 ' OFFSET
w w 30' OFFSET LINE N89 °O1 ' 50"E BASELINE o o N89 °08 ' il "E EXCEPTION 21 , 84 ' S 89 °08 ' 11 " W o LINE
1109 . 13 ' % o N89008 111 /E
30 . 7 $ ' -- --
3 N89 °01 ' 50"E 1540 . 82 ' 3 420 . 78 ' CALC . ----- _ __ --- ----- -- --- - ------- - 4 86 . 06 ' - - - 1000_00 ' - - - - - --+ I
- ----- - _ - _ 667 . 00 ' — _ _ Y — — S .E . CORNER , S . W . /a
- - - - - - - - - tREC. & CALC . ) ' C 33 - 38 - 7
1364 . 22 ' I SE
- - _ 1961 . 60 ' M . & REC . °
__ e . __ -.
i ' ' -- � N � N 89 °08 ' 11 " E Z � ( 90 REC. ) 20 CALC . _ � SCALE 1 " 200 ' it
_ S. W . _CORNER , S . E. /a O
SEC . 32 - 38 - 7 PER DOC . NORTH 1 CORNER POINT 1961 . 60 O
N0 . 1624813 /a Z _ N C9CCE [P700N O .� o
SEC . 5 - 37 - 7 EAST OF N . W . m O LA P") o w I
CORNER OF N . E. /a a m cr; p O 'T 0 p A° Q ('� E L ll� � m � Igo 0 + 0 200 400
MM
X- ~
O t°: ' 667 .00 ' � , o 3> 0%n Lo m N89 °08 ' 11 "E 1
667 . 00 BASIS OF HEARINGS IS N 89 ° 01 ' 50 " E FOR THE SOUTH LINE
c� 90° REC . & CALC . g0 ° OF THE SOUTHEAST QUARTER OF SECTION 32 - 38 - 7
S89008 ' 11 "W
� v 237 . 02 ' 429 . 98 '
rn rn �
o I ` NOTE :
00 �' I
0 BOUNDARY INFORMATION SHOWN FROM
nn ' " 30 , 527 ACRES MORE 0 LESS o `G/ ALTA / AGSM LAND TITLE SURVEY PREPARED 11 -8 -2002
� � m ° o oLn w BY RUETTIGER .
%
� H � 0 Nz PROP�SED � °� 31 . 388 ACRES MORE OR LESS N �� " DRAWING NO . 402 -2130A
CO & ASSOCIATES . INC .
CO rn / �
mm 0 0 corn � �
zo °� �„ � 88 . 523 ACRES MORE OR LESS Z®RNpNG PROPOSED ZONING
PROPOSED ZONING
HEREBY ANNEX D TO/ THE B-$
D � � N R-2 UNITED CITY OF YORKVILLE THIS PROPERTY IS NOT CONTIGUOUS
OZ TO THE UNITED CITY OF YORKVILLE.
MP Z o z , , N 57 . 50 ' PER DOC . NOS 9072560IS ROUTE 47
° O ,-• ,��, o ; � 6 S89 °08 ' 10 "W ,
00 - N �!
w W ,.s c°0n ° � � � ° . � j
m Ln
Z U; , � paGCL L�
N Oi y
Z A f7I I n N
C) a PART OF
a? -the GOVERNMENT ! WESTERLY R. O . W . LINE OF ILLINOIS ROUTE 47
LOT 2 PER DOC . N0. 907256
° pa nn Mme o 00 4 - 37 - 7
GOVERNMENT 'jz 00
LOT 2 Z °
5 - 37 - 7 0 m y
Z < Z
MITI
r, ... LEGAL D E S C R I PT I CN PARCEL 1 : _----
cn rn I J
P 9 government survey of sal
Lot 2 of the Northeast Quarter of Section 5 Township 37 North Range 7 East of the
50 . 00'
M ---
; A Third Principal Merl accordin to the plot of the
r `^ LINE PARALLEL y d Section
5 ( EXCEPT that part described as follows : Beginning at the Southeast corner of said Lot
888 045 ' 43 ' W `AJ n LINE PARALLEL WITH NORTH LINE 2 : thence West 40 cha 1 ns to the Southwest corner of said Lot ; thence North 38 - 1 / 2 I i nks
o r, welly ; WITH NORTH LINE OF SEC . 4 - 37 - 7 i to the south bank of a ditch ; thence South 89 degrees 30 minutes East , 40 chains to the
'4 �, I OF SEC . 4 - 37 - 7 140 Point of Beginning AND EXCEPTING THEREFROM that part of the Northeast Quarter
of Section 59 Township 37 North , Range 7 East of the Third Principal Meridian +
` w described as follows : Beginning at a
co DOD 53453 ' 9 9 point on the north line of said Northeast Quarter ,
S89030 ' E REC . 505 . 27 ' 409 . 27 ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - 1961 . 60 feet east of the Northwest corner of said Northeast Quarter a thence East along
rn
( 40 CHAINS REC .) 889°08 ' 11 "W N89 °08 ' 11 "E 1994 , said north I i ne , 667 . 0 feet v thence South at right an I es to said north I i ne , ,
9 396 0 feet •
7 . 61 ' _ - 2146 . 76 ' S88 °05 ' 57 "W ' N 943 . 80 ' REC . OVERLAP thence West at right � angles to the last described course , 667 . 0 feet : thence North at right
GAP _ _ _ I
angles es to the I ast described course .
_ 7G6VERNEN - - - - - - - - 2651 . 83 ' (40 CHAINS REC .) ° 14 .30 CHAINS ' 9 396 0 feet to the Point of Beginning ) + i n the Township
25 . 41 ' ( 38 %2 LINKS ) S87 °33' 01"W 588°05 ' 57 "W NORTH RIGHT OF WAY LINE R1 H OF WAY o N80°OS ' 11 "E of Bristol , Kenda I I County , I l l i n o i s ,
N01014 ' 18 "W ^ p 4 COMMONWEALTH EDISON OF COMED IS 0 . 33 ` S OF �1 943 . 80'
� 0 pQ � O � � b CORNER ( 0 . 33 ' ) GAP ) I _ LEGAL DESCRIPTION PARCEL 2 :
° - - - - - - - - - - - - - N89°�8'11 '�E - That part of Lot 2 of the Northwest Quarter of Section 4 + Township 37 North , Range 7
- - - - - East of the Third Princi aI Meridian , accordin to the iat of the P g P government survey of
- NORTH RIGHT OF WAY LINE I so 1 d Sect 1 on 4 , descr 1 bed as fo I I owsOF COMED PER DOC. NO . 73 - 2720 Beg 1 nn i ng at the Northwest corner of so 1 d sect i onof thence South on the sect 1 on I i ne , 26 . 80
RTH RIGHT OF WAY LINE OF COMED SOUTH LINE, GOVERNMENT ! AND NORTH LINE OF DOG. N0 . cha 1 n5 ; thence East para I I e I w 1 th the north I i ne of so i d sect i on , 14 . 30 cha i ns ; thence i n a
PER DOG . N0. NOw 73 - 2720 AND NORTH LOT 2, N . E . I/a SEC . 5 - 37 - 7 154368 ( TRUST NO . 35913 ) northeasterly direction to a point i n the north I i ne of said section . 20 . 67 chains east of the
LINE OF DOG . N0. 154368 {TRUST N0, 35913 } po i nt of beg i nn i ng : thence West a I ong the sect i on 1 1 ne to the Po 1 nt of Be i , 1 n the
POINT OF BEGINNING EXCEPTION ( PARCEL 1 } Townsh 1 p of Br i sto I , Kendal I County . I I I i no i s . g 1 nn n g
( S . E. CORNER GOVERNMENT LOT 2 SEC . 5 - 37 - 7 )
(S . W . CORNER GOVERNMENT LOT 2 SEC. 4 - 37 - 7 )
ALSO :
That part of Baseline Road Lying North of and Adjoining said Parcels 1 and 2
not heretofore /annexed to the United City of Yorkville , Kendall and Kane
STATE OF ILLINOIS ) County Illinois .
so so
COUNTY OF KENDALL )
STATE OF ILLINOIS ) STATE OF ILLINOIS )
I , THE UNDERSIGNED , AS THE RECORDER OF DEEDS FOR KENDALL COUNTY , DO > S . S . ) S . S .
HEREBY CERTIFY THAT INSTRUMENT NO . COUNTY OF KENDALL ) COUNTY OF KENDALL )
WAS FILED FOR RECORD IN THE RECORDER ' S OFFICE OF KENDALL COUNTY ,
ILLINOIS ON THE DAY OF 20 _ _ AT _ _ O ' CLOCK . . M . AND
WAS RECORDED IN BOOK / ENV OF PLATS AT PAGE APPROVED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE +
I + +
A NOTARY PUBLIC IN AND FOR THE COUNTY AND KENDALL COUNTY , ILLINOIS THIS DAY OF , 20
STATE AFORESAID HEREBY CERTIFY THAT WHO
ARE / IS PERSONALLY KNOWN TO ME TO BE THE SAME PERSON ( S ) , WHOSE NAMES ARE SUBSCRIBED TO THE )
FOREGOING OWNER ' S CERTIFICATE + APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THE STATE OF ILLINOIS
KENDALL COUNTY RECORDER EXECUTION OF THE ANNEXED PLAT AND ACCOMPANYING INSTRUMENT AS THEIR FREE AND VOLUNTARY ACT . BY : ATTEST : ) SS
)
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF , 20 MAYOR DEPUTY CITY CLERK COUNTY OF COOK
WE , SPACEC09 INC . . AN ILLINOIS PROFESSIONAL DESIGN FIRM , NUMBER
184 -001157 , DO HEREBY DECLARE THAT WE HAVE PREPARED THIS PLAT
OF THE PROPERTY DESCRIBED IN THE CAPTION ABOVE FOR THE
STATE OF ILLINOIS ) STATE OF ILLINOIS ) PURPOSES OF ANNEXING TO THE UNITED CITY OF YORKVILLE , ILLINOIS .
) S . S . ) S . S .
COUNTY OF KENDALL ) NOTARY PUBLIC COMMISSION EXPIRES COUNTY OF KENDALL ) ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF .
GIVEN UNDER OUR HAND AND SEAL THIS AY OF 200
THIS IS TO CERTIFY THAT I S / ARE is AS THE COUNTY CLERK OF KENDALL COUNTY ILLINOIS . IN ROSEMONT , ILLINOIS .
THE OWNER ( S ) OF THE LAND DESCRIBED IN THE FOREGOING SURVEYOR S CERTIFICATE AND DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES , NO UNPAID FORFEITED TAXES , ` �`V�wys+����+� �a��� 00 -%%. p.p
DO HEREBY CONSENT TO THE ANNEXATION OF SAID DESCRIBED PROPERTY TO THE UNITED AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED IN THE PLAT HEREON DRAWN . -ddd 010
CITY OF YORKVILLE . I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNECTION WITH THE C . BRIAN LOUNSBURY I . P . L . S . No . 035 -2 1 � PiZOFESSIONAL �'; ' co
PLAT HEREON DRAWN . LICENSE EXPIRES : 11 -30 -2004 = SURVEYOR EYOR ° N
DATED AT YORKVILLE + ILLINOIS THIS DAY OF 20 GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE , ILLINOIS + ( VALID ONLY IF EMBOSSED SEAL AFFIXED ) = _ STATEOF c See
o
See ��i� ILLINOIS o,,�� � N SO
STATE OF ILLINOIS)
so so THIS DAY OF 20 . �- `
COUNTY OF KENDALL ) So 0 PLAT OF ANNEXATION AND ZONING ,40NT , ���-`�`�''
ACCEPTED AND APPROVED BY THE UNITED CITY OF YORKVILLE PLANNING COMMISSION + THIS
DAY OF , 20 0 REVISIONS : $ rDATE : 10 7 / 03 z
4
JOB N0 : 3571 W
PLANNING COMMISSION CHAIRPERSON
FILENAME
71ANNEX . DGN o
9575 W . Higgins Road, Suite 700,
9 ® 7 ' Olt Rosemont, Illinois 60018 SHEET
Lm
4/ 27 / 04 Phone : (847) 696-4060 Fax: (847) 696-4065 1 OF 1
EXHIBIT "C"
Site Plan
-47-
Doc:58228/4
PRELIMINARY PLAT OF SUBDIVISION
LOCATION MAP OF N
BAILEY MEADOWS
4 ROat umm "\ BEING A SUBDIVISION Of PAATS R THE NORTNE-1 Ol1AATER3 Of SEGTIGNS 1 AND S.TOPNSx IP It NORTx.
RANGE T EAST Of tNE THA 10 PRINCIPAL RIDI AN IN EENDALL COUNTY. ILLINOIS.
suDAn NImE��
r
T.
r • '
/1 y aaC 13I 1�
uuo M.r R.t •..,• _ OAD
-�p6ELINE '"
—
�A.. _� 'I1`,µ T' i-:—
I
r
_
t7 a
N
i
r
PRELIMINARY SITE DATA ,
1 I�
ANO USE u 11 S AV0
1 t.11 K L 11. 4 _I 1
A�x oY°,�.
CGMERC IAL SITE ME•
[OVEN 5TO, N 11.51 K. 1.f14 �• 1 1111
e•AILINA Ob OEGIGAT,M
DTIL 312 IS0.11I•C. 1— ',
°• 111:1: IREO WEUIE,LLG
WA MG—ERICA iN—TNENT DEVELOPMENT PREUMINARY PLAT OF SURDMSION
OF
IONINS _d's -- J ouceRaaNT[Rnlce.iwxoil a,n BAILEY MEADOWS
ISIITIIW -1 11'ALL CWNtt IYPICAI 101,.;[r!BAC4 DETAIL .___•—__—,xr __�___ (5]Ol Po1.Tw fAA.NOI)MI-t]ee
PAOP�En A-I.R-I.m B-1 UNi1E.1111 or YuuxuLE
iW ICAL TGRxxoME scttAU xTUL
Ell R NT-11.,�""�rr�°.
bA�
EXHIBIT "D"
Parcel 1 to be zoned R-2
-48-
Doc:58228/4
EXHIBIT "D"
AREA TO BE ZONED R-2:
That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, lying west of the following described line:
Commencing at the Southeast corner of said Lot 2; thence on an assumed bearing of
South 87 degrees 33 minutes 01 seconds West along the south line of said lot, 505.35 feet
to a line being 2146 feet east of and parallel with the west line of said Lot 2 for the point
of beginning; thence North 01 degrees 14 minutes 18 seconds West along the last
described line, 192.22 feet; thence North 88 degrees 45 minutes 43 seconds East, 50.00
feet to a line being 2196 feet east of and parallel with the west line of said Lot 2; thence
North 01 degrees 14 minutes 18 seconds West along the last described line, 1201.04 feet
to a line being 396 feet south of and parallel with the north line of said Lot 2; thence
South 89 degrees 08 minutes 11 seconds West along the last described line, 237.02 feet;
thence North 00 degrees 51 minutes 49 seconds West along a perpendicular line to said
north line, 396.00 feet to a point on said north line being 1961.60 feet east of the
northwest corner of said Lot 2, and thereby terminating(except that part falling within
the following described parcel: Beginning at the Southeast corner of said Lot 2; thence
South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest corner of
said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said west line,
38.5 links (25.41 feet)to the south bank of a ditch; thence North 88 degrees 05 minutes
57 seconds East, 2651.42 to the point of beginning), in Kendall County, Illinois.
N:\Projects\3571\CADD\SURVEY\Legals\Zoning.lgl.052104.doc
Revised:May 21,2004
EXHIBIT "E"
Parcel 2 to be zoned R-3
-49-
Doc:58228/4
EXHIBIT "E"
AREA TO BE ZONED R-3
That part of Lot 2 of the Northeast Quarter of Section 5, Township 37 North, Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, together with that part of Lot 2 of the Northwest Quarter of Section 4,
Township 37 North, Range 7 East of the Third Principal Meridian, according to the plat
of the government survey of said Section 4, described as follows:
Beginning at the Southeast corner of said Lot 2 of the Northeast Quarter of Section 5;
thence on an assumed bearing of South 87 degrees 33 minutes 01 seconds West along the
south line of said Lot, 505.35 feet to a line being 2146 feet east of and parallel with the
west line of said Lot 2 of the Northeast Quarter of Section 5; thence North 01 degrees 14
minutes 18 seconds West along the last described line, 192.22 feet; thence North 88
degrees 45 minutes 43 seconds East, 50.00 feet to a line being 2196 feet east of and
parallel with said west line; thence North 01 degrees 14 minutes 18 seconds West along
the last described line, 1201.04 feet to a line being 396 feet south of and parallel with the
north line of said Lot 2 of the Northeast Quarter of Section 5; thence North 89 degrees 08
minutes 11 seconds East along the last described line, 429.98 feet; thence North 00
degrees 51 minutes 49 seconds West along a perpendicular line to said north line, 396.00
feet to a point on said north line being 2628.60 feet east of the northwest corner of said
Lot 2 of the Northeast Quarter of Section 5, thence North 89 degrees 08 minutes 11
seconds East along the last described line, 21.84 feet to the northwest corner of said Lot 2
of the Northwest Quarter of Section 4; thence continuing North 89 degrees 08 minutes 11
seconds along the north line of said Lot 2 of the Northwest Quarter of Section 4, a
distance of 364.22 feet; thence South 00 degrees 51 minutes 49 seconds East, 973.70 feet
to a point on a line being parallel with the last described north line; thence North 89
degrees 08 minutes 11 seconds East along the last described line, 57.50 feet; thence South
00 degrees 51 minutes 49 seconds East, 801.86 feet to a point on a line being parallel
with the last described north line and passing through the point of beginning; thence
South 89 degrees 08 minutes 11 seconds West along last described line 409.27 feet to the
point of beginning(except that part falling within the following described parcel:
Beginning at the Southeast corner of said Lot 2 of the Northeast Quarter of Section 5;
thence South 87 degrees 33 minutes 01 seconds West, 2651.83 feet to the Southwest
corner of said Lot 2; thence North 01 degrees 14 minutes 18 seconds West along said
west line, 38.5 links (25.41 feet)to the south bank of a ditch; thence North 88 degrees 05
minutes 57 seconds East, 2651.42 to the point of beginning, in Kendall County, Illinois.
N AProj ects\3571\CADD\SURV EY\Legals\Zonin g.lgl.052104.d oc
Revised May 21, 2004
EXHIBIT "F"
Parcel 3 to be zoned B-3
-50-
Doc:58228/4
EXHIBIT "F"
AREA TO BE ZONED B-3
That part of Lot 2 of the Northwest Quarter of Section 4, Township 37 North,Range 7
East of the Third Principal Meridian, according to the plat of the government survey of
said Section 5, described as follows:
Commencing at the Southwest corner of said Lot 2; thence on an assumed bearing of
North 89 degrees 08 minutes 11 seconds East along a parallel line with the north line of
said Lot 2, a distance of 409.27 feet to the point of beginning; thence continuing North 89
degrees 08 minutes 11 seconds East along said parallel line, 534.53 feet to a point being
14.30 chains (943.80 feet) east of said southwest corner, as measured along said parallel
line; thence North 12 degrees 04 minutes 35 seconds East, 1821.83 feet to a point on the
north line of said Lot 2, 20.67 chains (1364.22 feet) east of the northwest corner of said
Lot 2; thence South 89 degrees 08 minutes 11 seconds West along the last described line,
1000.00 feet to a point on a line being perpendicular to the last described north line;
thence South 00 degrees 51 minutes 49 seconds East, 973.70 feet; thence North 89
degrees 08 minutes 11 seconds east perpendicular to last described line 57.50 feet; thence
South 00 degrees 51 minutes 49 seconds perpendicular to last described line, 801.86 feet
to the point of beginning, in Kendall County, Illinois.
N:\Projects\3571\CADD\SURVEY\Legals\Zoning.lgl.052104.doc
Revised May 21, 2004
EXHIBIT "G"
Preliminary Plan
-51-
Doc:58228/4
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I Abi 4- G-1 r MID AMERICA
T-,blid.Am(,ril:a Plaz.a,'I-hird I'lour
Oakbrook Terrace,IL 60181 GARY R.WEBER
(630)951-7300 1;AC:(630)954-;305 ASSOCIATES,INC.
www.mi<lamcricagrp.com LAND INC rLANN
VJIW-APEARCHITECNRE
224EOUTH MAIN STREET
WHEATON'II11NOIS
TEL'PHONE,63066&7197
FULL FACSDOIB,63066&'6'3
PERIMETER LANDSCAPE ACCESS
TYP 100
3 SHADE TREES ROAD SPAMOO,INC.
4 EVERGREEN TREES BASELINE _ _ _ _
20 SHRUBS _ ----- _ -- Is
-- - - - ---- --- ---- ----------- -------- -------- - ------ ---
--- -- ------ - -
-- 4b -- --rz— -----
. _ �T _-- _ _ ------ _- �aosE a r liuirias�rzm-------- ----- 1 PERIMETER LANDSCAPE- -� -r- TYP 1001E D
- r - r 1 1
e7 76e 154 ' ' 762 1 3 SHADE TREES 1 ';
1 ,a9 lee 1e7 166 ,ea +e4 +eJ +e2 1e+ Leo 178 ^ 3 EVERGREEN TREES
1 lee 2 ORNAMENTAL TREES 4 1 TRAIL I' I ,
—
`� T \ ,n --- --- -- - ---
169 154
1 � � 160
1 ---_ I 24' 25 ' 26 I e+ I 62 I SJ 176 ' 170 163 i +6i __
r I _L —1.-_ ___, _ , _-___.y.._-___ __y__—__ I 147 i _ To BE PROVIDED
EASEMENT / O
L-- 2 - - T L- ), 1 1 1 +46 _- LOCATION TO BE •'
_ 2J I 27 I 60 64 I 176 171 102 15e 149 L 148 1 / 'I DETERMINED
( 3 I ---7--- I -----t----- ----T�-,--- --- -�- --- +a6 '9 -I I I I REAL ESTATE
22 , 26 49 66 DEVELOPMENTCOMPANY
— -
-- 1 ,e9 \ i'" surTERFIEROao
4 ___-- ' __-- -- �__--- 174 I 173 I ,72 ' ,e,1 160 _- COMMERCIAL j 9ROOK,ILLINOIS
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31 ,D3 — ---�--- - s ,; 1 / RIGHT OUT
19 4a ' 6e / 1 119 123
+_____ �_ 98 I 99 ,00 I ' 101 ' 102 1!2 _�I /
16 I; 32 46 1 69
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1 �� 36 DETENTION --- - 16 127 ,,, - DETENTION ,` I a FULL
----- _ }1 _ I(J�I
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DETENTION I 1 / W o
PARK _�--- ®�' I
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-------°—_--_-----°—.-_---_--------°--_-- 0 80 120 240 380
SCALE: 1" 120' NORTH
REPRESENTATIVE PLANT LIST
MIXTURE N ® mADI!TREES Nr rt tm Il�b ttatarrrrc 1Ir Iti er. It�1u
DDECIDDUUOUE S 514RUBS taus[TREES E+Qglal rAtzf
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CdDflRlaI ILACR{TCD 6UfaN PROJECT NO. M00901
TYPICAL TOWNHOME PLANTING PLAN _� LOCATION MAP m OHECK ED
QOIIaOYQf CHECK ORW
' NO SCALE fNEET
rrAr at. u••o.w
I D ,s ao 80 ,l0 NORTH 1 OF 1
SCALE: 1"�30'
i
PLAT OF SUBDIVISION
OF
I PR
ELIMINARY
I
LOCATION MAP N
y ows AURORA 5 6
BIG ROCK MUNICIPAL cA(F,yA a( BEING A SUBDIVISION OF PARTS OF THE NORTHEAST QUARTERS OF SECTIONS 4 AND 59 TOWNSHIP 37 NORTH .
AIRPORT ,,o
RANGE 7 EAST OF THE THRID PRINCIPAL MERIDIAN IN KENDALL COUNTY ILLINOIS .
0
' 30 SUGAR GROVE o scaLE i " - 200 '
0 200 400
Q I
IR SZ
pRp 1E
BASIS OF BEARINGS i5 N 89 001150 " E FOR THE SOUTH LINE
OF THE SOUTHEAST QUARTER OF SECTION 32 -38 -7
EXHIBIT
� Z PRAIRIE ST
a j
°
30 1
I PRAIRIE ST
0 47 ! � -
a SITE ('
LOCATION
J
W CO KANE t
� BASE LINE ROAD m Z (� �
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GpNR �
i
ZONED
N . T . S .
: AG
K A N E C O U N T Y VILLAGE PARK TR . & SAVINGS
P . I . N . 14 -33 -301 -016
POINT OF BEGINNING
PARCEL 2
I16 . 72 CHAINS=1103 . 52 ' REC . GOVT . JOG � - PROPOSED
j OLD SECOND NATIONAL BANK 11o9 . 6z ' MEAS . _ _ - j'� FULL 1364 . 22 - - ,
f P . I . N . 14 -33 -301 -001 I PRINT OF BEGINNING ; ROAD ACCESS S 89; 08 , �ALC � 30 ' OFFSET LINE
' SASELiNE ;
30 OFFSET LINE EXCEPTION �
- ----�- 3 3
420 . 78 ' CALC . 21 . 84 ' _ - - S a I eon
1109 . 13 ' 1540 . 82 ' 2 3 _ ------------------- 8 - - -- 4-2 - � - - - - -- _ ' - - - - _ -- - ED SEC . 3 - 8 -7 •
N89 ° 01 ' 50 „ E _ N_89 ° 08 ' 11_ E _ - 667 . 00 ' _ N 9 ° 08 ' 11 "E 4 . : -;_ .�6 2 ' � - -
A 1fl00 . 00 ' S89 ° 08 ' 11 ' W i ,
89 ° 01 50 E 1961 . 60 ' REC_ ;. D D S . E • CORNER . W •
N 89 ° 08�' 1-1"C E) � � NORTH L iNE OF GOVERNMENT L T 2 AN FUL�L� � f 3 3
- • `�� 90° REC ) � NORTH LINE . N . W . i� SEC . 4 - 37 -7 ACCESS
CARL 8 H E L E N ---, � a )
S . W . CORNER , 5 . E • {�a � , �POINT 1961 :. 60 ' EAST z � RUNGE i z
8 -7 PER ROC . NORTH 1 ! 4 CORNER � ;` QF N . W:_ ' CDRN�-f� H o m ° -
SEC . 32 - 3 ,m � ` 7� 62 Q � w 02 -D5 -200 -001 o w
ND . 1624813 SEC . 5-37 7 j � t . � . � _ �v
' a�'� ` r�i � 5 � �-, � ��'s� { s�� s '��� � "€ '� �i i`( � D�`: N . E . q � .-" ° � ;� i _.- � '
_ ' �° � � EXCEPTION - fl
NORTH LINE OF Gf3�-Egg".►`,.,�. ' r' i .. 15:.5 TO P A� CEL 1 ° -
__ `. WORTH LINE , . 'E . 1 /49 SEC . 5 ;-31 -7 ��'� .-� � 's D °o t � ° ' � 1
- _ - - - --'-1 � 166 '� t 161 r ERIK Js RUNGE � a ( N
�----- 02 -05 -200 -004 �
`7 y �- 't55 667 . 00 ' � `��-�i �
' s„ ° ° t n ' ,,s, t, t cD
90 REC . a cALC . DONALD E . SCHRAMM
w f v _ t, Pe I ° N • ; 02 -04 - 100 -003
- �
_ LOT zaz
mm �� dY _� , •- ��� 1�� 1�3 � 2 ' c '. 02 ---- �•�, r*i
r
-, 429 . 98
rr : f zs ` °a6 = ' 146 / `I r _ - _ N PR OSED
1?7 rs2 153 ;'` / -; `' F _ `"{ 1 RI T IN /
6u
r*tm ' _ . 13m -_ LIN€ - i LDT ;S-5 o RI TOUT
f � . .. 5 { PARCEL 1
., ! � / � - WEST
.p�Lj I NE
r .�• �� ' z � �'� » { i � i ; �'^' ® � r r �v'�' P�ARa.�R 2i
I m m N � o � �` ' , : � � b � . ,.-- - ___ $ �. .�� ? / •�,_�--� -- --;-��--- � � _ PROPOSED ZONING -
�< � f °°�, i ,> ! : 1 � � - . �. � ; =# � 1 ;___ � � ACCESS LOCATIONS SUBJECT
nn a PARCEL
�, V, -a'r*a �'` >----; �� m a -3 TO 'I . D . 0 . T . APPROVAL
?Z ; eS , �� ( OR 4 a i
:. 4d0 AC-R�E�- MBA- `.- _._ =---_-.-. _ . � :
rr �� 13 _- - ; , 18 . 71 AC N
Z - y < AG
(Z*t (ZT7 Z fmTt ' !-1 { � s � ,ss ..,\ / _ l i I '-� � { i--_.-'_.. C�
' Z � -a N Q° { �° 3 t s' fr �.-- : j , .-_.r, i t• -...__.__-�__=. J' t
142 ` , , � _ �; P A „, r,co Z - - -_ - - 3 39 ACRES MORE OR LESS
=z : - � i,�/SJ},j+, m o CENTERLINE OF ILLINOIS ROUTE 47
(A 0 Z � 8 .fir. ' ' f ! "`. 'i
^ •- `' PER ODC NO 256
� ` '�/ 4 . 49 N89 08 11 E 2
. , ZONING ; , _ 67 5
PROPOSED
cn m - ' _ .. ti `-- --• �'�. - 'T' 687 . 99 ) i
cn � n - m 5 . 50
{ w _v R 2
TRAIL HEAD
.yq°, :any _ _
� w � .� E+ • . _ , �. EASEMENT �a
._, � .. ,.....,....- u
8 26 AC
.�. PRO ZONING
----- + ' ; . - _ � _ FULLED ^
,,x
,
' POSED
I
ONED .....-.,....� z ! a> �� �- - -- _-�----� '; _ , o - _ ACCE.�S ass ,
AG ,
s
f .�, " - - � a } � ', ' - J 0 . 08 AC . ; ` ;�..
3 WESTERLY YR . D . W . / I NE OF ILLINOIS ROUTE 47
r r
PER DOC • NO . 907 ? 56
LASALLE NATIONAL TRUST _ 1 w . r _ 07 G
_ � � �� na � : � ° PROPOSED ZONING
N
P , I , N . 02 -05 -400 -001 � z v ,�a � ° R _
Ln
_� 4 AC .
o �y ' ` � >r � � � � � : i f a 11 5 r ,
w ' 113 =�=� .+Z `^ z
_ Y 1�6 112 - ' { f' a J co LOT 203 1 �
m O°° � ° N 'IOD
±v - IM f PROPOSED REGIONAL ) J 00 I38 �( �.,�. � � ' r� �� r'A
� _ ;� W BIKE PATH LOCATION J f
,
U 6 - - _`- _ -SO. D - - - f , /moo ' DONALD E . SCHR� AMM
t '
' 57 E - LOT 2 P a
Lv _ - - - - -� '- - z __ Y _� s .� LINE PARALLEL WITH NORTH P . I . N . 02 -04 - 101 -003
SOUTH LINE . GDVE- MME - L %4 SECS s 37 -7 ^� ' - ~ ` n [ LINE OF SEC . 4 -37 -7` = _ __ 409 . 27 - - - - - - - - - 5s3T
' fig 30 ! i1 ,� f,a - 2!651 . 42 ' ; � 505 . 27 ` 943 t �
N88 ° 05 ' S7 "E C 40 CHAINS `,REC • ) . 80 REC .
> - - 14 . 30 CHAINS 19 . 94 '
( 40 CHAINS REC . ) v°, N89 ° 08 ' 11 "E ! OVERLAP
_ _ _ _ _ _ _ _ - - - - - - - - - _ _ _ 2651 . 83 , LEGAL DESCRIPTION PARCEL l:
- - r N S87 ° 33 ' 01 "w RIGHT pF WAY ° LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
T N TO ° NORTH RIGHT OF WAY LINE o - THIRD PRINCIPAL MERIDIAN , ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION
S . W . CORNER EXCEPT � 0 COMMONWEALTH EDISON OF COMER IS 0 . 33 ' S OF Is No 02 -04 - 100 -002 5, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT
CORNER ( 05331 ) GAP ) _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - 2; THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 38 1/ 2 LINKS
cn GOVERNMENT PARCEL °o P . I . N . 02 -05 -200 -003 _ - _ _ _ _ - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - { TO THE SOUTH BANK OF A DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST, 40 CHAINS TO THE
` LOT 2 _ _ POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER
Z OF SECTION 5, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER,
- - - - - - - - - - - - - - - - - - - - - - - - P . I . N . 02 -04 - 100 -001
A W _ _ _ - _ _ _ _ _ _ _ _ _ NORTH RIGHT OF WAY LINE 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG
_ _ - - - - OF COMED PER DOC • NO . 73 -2720
AND NORTH LINE OF ROC . N0 . SAID NORTH LINE, 667 .0 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE, 396. 0 FEET;
� N
THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 667.0 FEET; THENCE NORTH AT RIGHT
= r 1 NORTH RIGHT OF WAY LINE OF COMED 154368 ( TRUST NO . 35913 ) ANGLES TO THE LAST DESCRIBED COURSE, 396. 0 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP
'E -• PER ROC . N0 . 73 -2720 AND NORTH '�
z LINE OF DOC . NO * 154368 ( TRUST NO . 35913 ) LASALLE NATIONAL TRUST l' ! OF BRISTOL. KENDALL COUNTY, ILLINOIS.
P . I . N . 02 -05 -400 -001 1 POINT OF BEGINNING EXCEPTION ( PARCEL 1 ) 1 � j
( OIE • CORNER GOVERNMENT LOT 2 SEC . 5 -37 -7 ) LEGAL DESCRIPTION PARCEL 2:
( S . W . CORNER GOVERNMENT LOT 2 SEC . 4 -37 -7 )
THAT PART Of LOT 2 OF THE IVORTHWESTQUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE ?
EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF
I SAID SECTION 4 , DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE, 26.80
ZONED I
CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A
AG NORTHEASTERLY DIRECTION TO A POINT IN THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE
POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
ALSO:
THAT PART OF BASELINE ROAD LYING NORTH OF AND ADJOINING SAID PARCELS 1 AND 2
NOT HERETOFORE ANNEXED TO THE UNITED CITY OF YORKVILLE, KENDALL AND KANE
1 COUNTY ILLINOIS.
I
NOTES:
1. STEEL REINFORCING RODS (UNLESS OTHERWISE NOTED) TO BE SET AT ALL LOT
CORNERS, POINTS OF CURVATURE, POINTS OF TANGENCY, AND BLOCK C NERS,
TWO OF WHICH WILL BE CONCRETE, AS DIRECTED IN THE ILLINOIS ST TES,
_ ...
_�" -_•- . IN CHAPTER 109, PARAGRAPH 1 AND ALSO IN THE I�.INOIS COMPILED STATUTES
UNDER 765 ILCS 2Ci5/1.
2. FOR BUILDING LINE AND OTHER RESTRICTIONS NOT SHOWN HEREON, REFER TO
YOUR ABSTRACT, DEED, CONTRACT, COUNTY AND/OR CITY BUILDING LINE REGULATIONS
3. COMPARE ALL POINTS BEFORE BUILDING AND REPORT ANY DIFFERENCE AT ONCE.
4. NO DIMENSIONS TO BE ASSUMED BY SCALE MEASUREMENTS
5. BOUNDARY INFORMATION PROVIDED BY CLIENT , FROM ALTA/ASCM LAND TITLE
SURVEY PREPARED BY RUETTIGER, TONELLI & ASSOCIATES DATED NOV . Be 2002.
PRELIMINARY SITE DATA
00
LAND USE UNITS ACRES �. LAND USE
RESIDENTIAL SITE AREA 116 . 34 AC . 77 . 33 % ° �Ili i
DETACHED HOMES ( 2 . 2 D . U , /AC . ) 189 86 . 26 AC . s i DE/REAR
ATTACHED TOWNHOMES ( 5 . 0 D . U . /AC . ) 153 30 . 08 AC .
. GROSS DENSITY 2 . 27 D . U . /AC . a
MINIMUM LOT SIZE 12 , 000 S . F . � �- CORNER INTERIOR
MAXIMUM LOT SIZE 289633 S . F .
°� LOT LOT �
M � o
AVERAGE LOT SIZE 13 . 310 S • F . 30 ' 10 ' o � >
SITE AREA 18 . 71 AC . 12 . 44y. cDRNER SIDE � � _
COMMERCIAL 10 >r ,
COMPENSATORY STORAGE 11 . 54 AC . 7958 � SIDE
BASELINE ROAD DEDICATION 3 . 849 AC . 2 . 56 %
20 � � i 3 0 �
i
.TOTAL 342 1500439 AC . 100 % � o 0 0 0 � ' ' i ` SIDE U. i i i CORNER OWNER / DEVELOPER . IRED BASELINE , LLC
s
- - M - I do MID-AMERICA DEVELOPMENT Lc
Ln
t PRELIMINARY PLAN' OF SUBDIVISION
GR7 'b � �
- � 2MID-AMERICA PLAZA, 3RD FLR. OF
o o OAK BROOK TERRACE , ILLINOIS 60181 .
ZONING Z - BAILEY MEADOWS
TYPICAL LOT SETBACK DETAIL - - - - = - - - RIGHT OF WAY - - - -- - - - ( ) 630) 954-7306 \
630 954-7346 FAX .
EX I ST i NG ' A - 1 KENDALL COUNTY ( N . T . s ) ti
-
II
R -2 . R -3 AND B -3 UNITED CITY OF YORKVILLE
, • ' DATE 02 / 16 / 04 0
I PROPOSED REVISIONS -
s a
TYPICAL TOWNHDME SETBACK DETAIL
JOB N0 = 3571
' I ( N . T . S )
FILENAME -
03 / 29 / 04 9575 W . Higgins Road. Suifie 700, 71 P -SUB01 . DGN U i b%
,
p b D B2ULE MEAD
03 /02 / 04 Rosemont, Illinois 60018 SHEET ' Uj
fax: 847 696-4065 1 F
02 / 17/ 04 Phone . . (847) 696-4060 ( ) 0 2 ., :
PRELIMINARY PLAT OF SUBDIVISION
OF
N -
BAILEY MEADOWS
BEING A SUBDIVISION OF PARTS OF THE NORTHEAST QUARTERS OF SECTIONS 4 AND 51 TOWNSHIP 37 NORTH9
RANGE 7 EAST OF THE THRID PRINCIPAL MERIDIAN IN KENDALL COUNTY9 ILLINOIS *
No
SCALE 1 100
0
9 100 1 200
7
BASELINE ROAD
BASELINE ROAD
ISIS
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LOT N ACRES LOT SON FT * ACRES LOT ON ACRES LOT N ACRES
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2 12rDOO 0.275 53 15,008 01 104 12,000 Ov2T5 155 22,906 Of,526
ISSISSISSI . �
CURVE TABLE
3 l2vOOO OwI 54 12,000 0275 105 12,000 09275 66 l2rO97 Oo278
MINIMUM=
4
NUMBER CHORD DIRECTION RADIUS ARC L H NUMBER CHORD DIRECTION RADILS ARC LENGTH CHORD LENGTH F 12FDOO Ou275 55 l2rOOO Ofo275 106 jl2rOOO 0*275 157 120000 Oal
5 12,r)OID Ov275 . 12#245 002al 107 112,000 011 158 l2rOO9 0276
cl 56 1
S 46"10614" E 25000 39*15 35*27 C48 N 02*28141" W 18100 192 1732
IN � ' . . � � �4 �� 0 - 6 12,000 0*275 57 14,232 Oel 108 112,000 Oo275 9 169796 0386
C2 S 43053146" IN 25aOO 39.39 35.44 C49 N 16150'04" W 1831 83sT9 83eO6
7 12v000 ON275 58 129824 Ow294 109 1129000 O*2T5 160 13,,25�2 SOv3O4
W SSSSSl
C3 S 46006114" E 25s0O 391115 35w27 C50 N 3257"21 183*00 1 193 19,18 NNOSSISSIl
SISSISSISI 8 l2rODO 0*275 59 12,003 Ow276 110 129000 Ou275 11 14t487 0333
C4 IN 435314611 E 25*00 39439 35*44 C51 S 01*14118" E 25*00 30*30 281
it W 9 112,000 Oa275 60 l2o724 Os292 Ill 16,716 01 162 129003 0*276
C5 N 46a06f14 117sOO 183PI I65vO7 C52 N 19011"25" E 18100 911 9036
10 129000 0,275 61 129002 0*276 112 12,000 01,275 163 12,000 Oo275
C6 N 8304411911 W I83cOO 46*19 46.07 C53 N 47*1 E 251 3636 331 1
0 11 12vOOO Oa275 62 29000 Ov275 113 12,000 0*275 164 12,000 01,275 f
CST N 65052191, W 18100 671194 67*55 C54 N 1325110" E ll7aOO 59986 59s2l SISSISSISSIS
12 15v262 0*350 63 l2oOOO 0*275 114 12,000 0*275 165 129000 S6,275
C8 N 44036100" W 18100 671194 67u55 C55 N 69045143" E 25.00 1 36.38 33925
13 14*217 Ow326 64 12,000 01 115 Il2t000 01,275 166 1.99506 01
r C9 N 23019'42" W 18100 671194 671 C56 N 7805511811 W l83vOO 66*23 65*87
If IN 14 14111350 Ow329 65 129001 0*275 116 1129000 0*275 167
CIO N 06q57'55 18100 3&58 X52 C57 183.00 7" 18,892 Oo434
S 895211311 W 5936 5.36 15 12,000 Ow275 66 129048 0*277 117 129000 011275 168 14000 Ov275
Cil S 16039'34" E Il7zO0 62e98 62N22 C58 S 00"4914" E 60000 Oo86 0,86 1
16 12,000 0,275 67 14o948 Ou343 118 12,000 0*275 169 12fOOO 0*275
C12 N 72*49`08`1 W 25wOO 35.55 32SIG3 C59 S 23*1413411 W 60.00 1 49.55 1 OSS, I5OvOO'
p . 17 12,000 Os275 68 12vOOO Ow275 119 l2o642 Ow29O ITO l2vOOO OsP275 N 88045'4211 E
C13 S 77*44413" W 1831100 721 7118 C60 S 67057148" W GOeOO 441 1
1 18 12vOOO 011275 169 12,000 OuI 12C 17522 0*402 171 12458 0279 92 1 103,51,
C14 S 11"I E IB3400 65055 65o2O cv, N 8601 W GOVOO 9090 91 SNISS
IS
C14 S 46006114" E 117w0O 181 165e07 C62 N 57033102 It IN 19 12oOOO 0*275 70 l2tOOO Oo275 121 112,084 0*277 172 149915 1342 1 7 5' SN" INS' SNI SISSISS S"S' PUBLIC UTILITY AND
60cOO 50wI9 4&74 C= 1 301, DRAINAGE EASEMENT
20 12VOOO Ow275 71 12,000 Ou275 122 15,229 1 0.3510 173 12POOO 0*275 1 15 1 51 ISSISS1
rI
C15 S 29"1 E I83vOO 4636 46*64 C63 N 04428147" W 6100 60*96 5&3B ISSINNINNIN I
21 12v0OO OPI275 72 12o,0100 Os275 123 12oOOO Os275
174 118,430 Ov423
C16 N 01014118" W 25*00 301 28ul C64 N 56*491471# E 60*00 67,44 63*95 1 cn Cyr
of IN 22 12t0OO 0*275 73 12tOOO 0275 124 l2t000 0, 275 175 12,053 01,277 c
11693 C 44oOO I'll
C17 S 32*03r32 I83oOO 11493 65 S 43153'46" W 69*32 62o37 141 11 "S' I
LAI M
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23 12tOOO 0*275 74 12,000 0.275 125 12,000 Ow275 176 13,116 0301 r%j LA 84 cm I "
C18 S 16'53141'j W 183*00 84w94 84*18 C66 N 46*03"Dil" W 25vOO 39*11 3524 115 `NI I -et rom A
NNA, 330, 111
if IN 24 14,,215 0*326 75 29000 OW275 126 129000 011275 177 18,179 Oa4I7 L�z CD fic C> cw;
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C19 S 01010'47" W 183NOO l5v45 l5w44 C67 N 79007156 I83sOO 671 671155 P, IS 1 0
25 14,.350 09329 76 129000 0*275 127 129000 Oo2T5 178 28,633 PUBLIC UTILITY AND IS IS
01 111 1 Irn I Irn I
C20 S 435344611 W 117ol . 18433 165*85 C68 IS 89*4110311 W 183000 31 150 DRAINAGE EASEMENT
26 149217 0326 77 2,000 0*275 128 12,000 a j179 199374 Oo445 rn
C21 N 43053 4611 E 25,00 39*39 35a44 C69 N 57051137" W 183.00 67*94 67*55 1
�129 BUILDING SETBACK LINE 0
27 12v0OO Ow275 78 I2fO01D Os275 2,,000 Oo275 180
C22 S 4600614" E 25vOO 39*15 35a27 C70 N 36035119" W 18100 671 67o55 Sl 13,932 ID.320
28 12vOOO Oa275 79 12P,000 ONI 130 12,000 01,275 181 129000 Os275
I I I I
C23 N 43045142" E 25aOO 3927 35*36 C71 N 1519001" W I83aOO 671 67*55
ISSINNINS 1129000 01,275 80 129086 OwI 131 12vO54 01 182 14000 OxI J ISIS CD Nj IN, NI SON SI NNIS NNS
29
C24 S 46014118" E 25*00 391127 3536 C72 N 02157"34" W 18100 UNIDO 10699 12 676bol""" 7l
NNNN
30 12o,0100 01,275 81 12,,858 Oa295 132 16,163 0.371 183 l2v0OO Ow275
C25 S 43045`421' W 25oOO 39*27 35*36 C73 N 46003104" W 1171 183*02 1641 S 88005*571, w 6l6oD4'
31 129000 0*275 82 149135 Ou324 133 189661 0111 184 I2v000 Oo2T5
C26 S 46014'18" E 25aO0 39*27 3536 C74 S 09401 E 283zD0 81*08 8181 1
32 2,000 0*275 83 18*280 Ow42O 134 111 0341 1185 14000 0*275 PUBLIC RvOoWw
C27 N 43153"1 E 25*00 39*39 35f,44 C75 S 09004119" E 217*00 62*17 6Iw96
33 12v000 0*275 184 13,288 01 135 12v000 0.275 1186' '1ZOOO ONI
C28 S 46vO6$14"1 E 25900 39,15 350 C76 N 0940419" W 281DID 81008 80081
34 129000 0*275 85 12,118 0*278 136 129000 Ou275 1187 129000 0*275
W
C29 S 46006114" E 25*00 39*15 35.27 C77 N 11"1 217*00 401 40o4l
INSISSIS, � Ac 35 12,000 ONI 86 12t2I6 09280 137 lZ000 Ol 188 129000 01
C30 N 43'53146" E 25400 39e39 35v44 C78 S 43056156" W 67*00 105068 958%M LOT DETAIL (NoT*S)
Al 'f7
36 149215 0326 12,314 Oz283 138 l2v0OO Ot275 189 15,074 Ow346
C31 N 46034*1011 W 25oOO 391156 351 C79 S 43156"3611 W 133*00 2091,79 1881
NN
37 275 88 12,412 ONI 139 12,000 Ow275 190 235,961 5.417
C32 S 43025"1 W 25vOO 38998 3115 CBO S 46903104" E 1331 208oO5 1871 SIDEYARD EASEMENTS SHALL BE INCREASED
38 1 129000 0*275 1189 12510 0*287 140 12,000 Oa275 191 2161,974 4,,981 TO 201 (101EACH LOT) WHEN SEWER OR WATER ARE LOCATED IN THEM. z3v
C33 S 43?5150" W 25sO0 38v98 SJ5.15 C81 5 46*03104" E 671 lO4o8l 94*44
39 12fDOO Oo275 90 14oOI8 0322 141 X .LLAELIMINARY PLAT OF SUBDrVISION
1 l2vOOO Oa275 1192 24,828 0*570
C34 S 46034110" E 25sO1D 39*56 35s56 C82 N 4356156" E 467,00 730o5l 658*28
40 129000 0*275 91 12,000 01 142 12,000 09275 193 l2p646 09290
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EXHIBIT "H"
Current City Zoning Ordinance
-52-
Doc:58228/4
v--A ( I"
TITLE 10
ZONING
Subject Chapter
Zoning Purpose And Interpretation . . . . . . . . . . . . . 1
Rules And Definitions . . . . . . . . . . . . . . . . . . . . . . . 2
General Zoning Provisions . . . . . . . . . . . . . . . . . . . 3
Zoning Districts And Maps . . . . . . . . . . . . . . . . . . . 4
F-1 Flood Plain District . . . . . . . . . . . . . . . . . . . . . . 5
Residential Districts . . . . . . . . . . . . . . . . . . . . . . . . 6
Estate District . . . . . . . . . . . . . . . . . . . . . . . . . . . 6A
R-1 One-Family Residence District . . . . . . . . . . . 6B
R-2 One-Family Residence District . . . . . . . . . . . 6C
R-2 Duplex, Two-Family Residence
District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6D
R-3 General Residence District . . . . . . . . . . . . . . 6E
R-4 General Residence District . . . . . . . . . . . . . . 6F
Business Districts . . . . . . . . . . . . . . . . . . . . . . . . . . 7
O Office District . . . . . . . . . . . . . . . . . . . . . . . . . 7A
B-1 Limited Business District . . . . . . . . . . . . . . . . 7B
B-2 General Business District . . . . . . . . . . . . . . . 7C
B-3 Service Business District . . . . . . . . . . . . . . . 7D
B-4 Business District . . . . . . . . . . . . . . . . . . . . . 7E
Manufacturing Districts . . . . . . . . . . . . . . . . . . . . . . 8
M-1 Limited Manufacturing District . . . . . . . . . . . . 8A
M-2 General Manufacturing District . . . . . . . . . . . 8B
A-1 Agricultural District . . . . . . . . . . . . . . . . . . . . . . 9
Nonconforming Buildings, Structures
And Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Off Street Parking And Loading . . . . . . . . . . . . . . . 11
Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Planned Developments . . . . . . . . . . . . . . . . . . . . . 13
Zoning Administration And Enforcement . . . . . . . . . 14
Tower And Antenna Regulations . . . . . . . . . . . . . . 15
April 2002
City of Yorkville
10-1-1 10-1-2
CHAPTER 1
ZONING PURPOSE AND INTERPRETATION
SECTION:
10-1-1: Title
10-1-2: Intent and Purpose
10-1-3: Interpretation
10-1-4: Scope of Regulations
10-1-1: TITLE: This Title, including the Zoning District Map made a
part hereof, shall be known, cited and referred to as the
YORKVILLE ZONING ORDINANCE. (Ord. 1973-56A, 3-28-74)
10-1-2: INTENT AND PURPOSE: This Title is adopted for the
following purposes:
A. To promote and protect the public health, safety, morals, comfort
and general welfare of the people;
B. To divide the City into zones or districts restricting and regulating
therein the location, erection, construction, reconstruction, alteration
and use of buildings, structures and land for residence, business and
manufacturing and other specified uses;
C. To protect the character and the stability of the residential, business
and manufacturing areas within the City and to promote the orderly
and beneficial development of such areas;
D. To provide adequate light, air, privacy and convenience of access to
property;
E. To regulate the intensity of use of lot areas, and to determine the
area of open spaces surrounding buildings necessary to provide
adequate light and air and to protect the public health;
City of Yorkville
10-1-2 10-1-3
F. To establish building lines and the location of buildings designed for
residential, business, manufacturing or other uses within such areas;
G. To fix reasonable standards to which buildings or structures shall
conform therein;
H. To prohibit uses, buildings or structures incompatible with the
character of development or intended uses within specified zoning
districts;
I. To prevent additions to, or alteration or remodeling of, existing
buildings imposed hereunder;
J. To limit congestion in the public streets and protect the public health,
safety, convenience and general welfare by providing for the
off-street parking of motor vehicles and the loading and unloading of
commercial vehicles; (Ord. 1973-56A, 3-28-74)
K. To protect against fire, explosion, noxious fumes and other hazards
in the interest of the public health, safety, comfort and general
welfare;
L. To prevent the overcrowding of land and undue concentration of
structures, so far as is possible and appropriate in each district, by
regulating the use and bulk of buildings in relation to the land
surrounding them;
M. To conserve the taxable value of land and buildings throughout the
City;
N. To provide for the elimination of nonconforming uses of land,
buildings and structures which are adversely affecting the character
and value of desirable development in each district; and
O. To define and limit the powers and duties of the administrative
officers and bodies as provided herein. (Ord. 1973-56A, 3-28-74)
10-1-3: INTERPRETATION:
A. Minimum Requirements: The provisions of this Title shall be held to
be the minimum requirements for the promotion of public health,
safety, morals and welfare.
I
i
1
City of Yorkville
10-1-3 10-1-4
B. Relationship with Other Laws: Where the conditions imposed by any
provisions of this Title upon the use of land or buildings or upon the
bulk of buildings are either more restrictive or less restrictive than
comparable conditions imposed by any other provisions of this Title
or other law, ordinance, resolution, rule or regulation of any kind, the
regulations which are more restrictive (or which impose higher
standards or requirements) shall govern.
C. Existing Agreements: This Title is not intended to abrogate any
easement, covenant or any other private agreement; provided, that
where the regulations of this Title are more restrictive (or impose
higher standards or requirements) than such easements, covenants
or other private agreements, the requirements of this Title shall
govern. (Ord. 1973-56A, 3-28-74)
10-1-4: SCOPE OF REGULATIONS:
A. Changes in Structures or Use: Except as may otherwise be provided
in Chapter 10 of this Title, all buildings erected hereinafter, all uses
of land or buildings established hereafter, all structural or relocation
of existing buildings occurring hereafter, and all enlargements of or
additions to existing uses occurring hereafter shall be subject to all
regulations of this Title which are applicable to the zoning districts in
which such buildings, uses or land shall be located.
B. Nonconforming Buildings, Structures and Uses: Any lawful building,
structure or use existing at the effective date hereof may be
continued, even though such building, structure or use does not
conform to the provisions hereof for the district in which it is located,
and whenever a district shall be changed hereafter, the then existing
lawful use may be continued, subject to the provisions of Chapter 10
of this Title.
C. Building Permits: When a building permit for a building or structure
has been issued in accordance with law prior to the effective date
hereof, and provided that construction is begun within six (6) months
of such effective date and diligently prosecuted to completion, said
building or structure may be completed in accordance with the
approved plans on the basis of which the building permit has been
issued, and further may, upon completion, be occupied under a
certificate of occupancy by the use for which originally designated,
subject thereafter to the provisions of Chapter 10 of this Title. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-1-4 10-1-4
D. Existing Special Uses: Where a use is classified as a special use
under this Title, and exists as a permitted use at the effective date
hereof, it shall be considered as a legal use without further action of
the City Council, the Zoning Officer or the Board of Appeals. (Ord.
1973-56A, 3-28-74; 1994 Code)
City of Yorkville
10-2-1 10-2-3
CHAPTER
RULES AND DEFINITIONS
SECTION:
10-2-1: General
10-2-2: Rules for Word Construction
10-2-3: Definitions
10-2-4: Diagrams
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. (Ord.
1973-56A, 3-28-74)
10-2-2: RULES FOR WORD CONSTRUCTION:
A. Words used in the present tense shall include the future; words used
in 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"; the
word "building" includes all other structures of every kind regardless
of similarity to buildings; and the phrase "used for" shall include the
phrase "arranged for", "designed for", "intended for", "maintained
for", and "occupied for". (Ord. 1973-56A, 3-28-74)
10-2-3: DEFINITIONS: The following words and terms, wherever they
occur in this Title, shall be interpreted as herein defined.
City of Yorkville
10-2-3 10-2-3
ACCESSORY A. An "accessory building or use" is one which:
BUILDING or USE:
1. Is subordinate to and serves a principal
building or principal use.
2. Is subordinate in area, extent or purpose to
the principal building or principal use served.
3. Contributes to the comfort, convenience or
necessity of occupants of the principal building
or principal use served.
B. An accessory use includes but is not limited
to the following:
1. A children's playhouse, garden house and
private greenhouse.
2. A garage, shed or building for domestic
storage.
3. Storage of merchandise normally carried in
stock on the same lot with any retail service or
business use, unless such storage is excluded
by the district regulations.
4. Storage of goods used in or produced by
manufacturing activities on the same lot or
parcel of ground with such activities, unless
such storage is excluded by the district
regulations.
5. Incinerators incidental to residential use.
6. A nonpaying guest house or rooms for
guests within an "accessory building" provided
such facilities are used for the occasional
housing of guests of the occupant of the
principal building and not for permanent
occupancy by others as housekeeping units.
7. Servant's quarters comprising part of an
accessory garage and solely for occupancy by a
servant or household employee (and his or her
City of Yorkville
10-2-3 10-2-3
family) of the occupants of the principal
dwelling.
8. Swimming pool, private, for use by the
occupant and his guests.
9. Off-street motor car parking areas, and
loading and unloading facilities.
10. Signs (other than advertising signs) as
permitted and regulated in each district
incorporated in this Title.
11. Carports.
12. Public utilities - telephone, electric, gas,
water and sewer lines, their supports and
incidental equipment.
ACREAGE: Any tract or parcel of land having an area of
one acre or more which has not been
subdivided by metes and bounds or platted.
ALLEY: A public way, not more than thirty feet (30')
wide, which affords only a secondary means of
access to abutting property.
ANIMAL HOSPITAL: Any building, or portion thereof, designed or
used for the care, observation or treatment of
domestic animals.
APARTMENT: A room or suite of rooms in a multiple-family
structure which is arranged, designed, used or
intended to be used as a single housekeeping
unit. Complete kitchen facilities, permanently
installed, must always be included for each
apartment.
AUTOMOBILE A building or portion thereof containing facilities
LAUNDRY: for washing more than two (2) motor vehicles,
using production line methods.
AUTOMOBILE Engine rebuilding or major reconditioning of
REPAIR, MAJOR: worn or damaged motor vehicles or trailers;
City of Yorkville
10-2-3 10-2-3
collision service, including body, frame or fender
straightening or repair and painting of vehicles.
AUTOMOBILE Incidental repairs, replacement of parts, and
REPAIR, MINOR: motor service to automobiles, but not including
any operation specified under "Automobile
Repair, Major".
AUTOMOBILE A place where gasoline, stored only in
SERVICE STATION: underground tanks, kerosene, lubricating oil or
grease, for operation of automobiles, are
offered for sale directly to the public on the
premises, and including minor accessories and
the services of automobiles, but not including
major automobile repairs, and including washing
of automobiles where production line methods
are not used. When the dispensing, sale or
offering for sale of motor fuels or oil is incidental
to the conduct of a public garage, the premises
shall be classified as a public garage.
Automobile service stations shall not include
sale or storage of automobiles or trailers (new
or used).
AUTOMOBILE Any place where two (2) or more motor
WRECKING YARD: vehicles, not in running condition, or parts
thereof, are stored in the open and are not
being restored to operation, or any land,
building or structure used for wrecking or
storing of such motor vehicles or parts thereof,
and including the commercial salvaging of any
goods, articles or merchandise.
AWNING: A rooflike cover, temporary in nature, which
projects from the wall of a building or overhangs
the public way.
BASEMENT: A story partly or wholly underground. Where
more than one-half 02) of its height is above
the established curb level or above the average
level of the adjoining ground where the curb
level has not been established, a basement
shall be counted as a story for purposes of
height measurement.
City of Yorkville
10-2-3 10-2-3
BILLBOARD: Any structure or portion thereof upon which are
signs or advertisements used as an outdoor
display. This definition does not include any
bulletin boards used to announce church
services, or to display court or other public
office notices, or signs offering the sale or lease
of the premises on which the sign is located.
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 shore
lines of waterways or corporated boundary lines
of municipalities. (Ord. 1973-56A, 3-28-74)
BOARDING HOUSE: A building other than a motel or restaurant
where meals and sleeping facilities are provided
for compensation to four (4) or more persons,
but not more than twelve (12), who are not
members of the keeper's family. (Ord.,
1973-56A, 3-28-74; 1994 Code)
BUILDABLE AREA: The space remaining on a building lot after the
minimum yard requirements of this Title have
been complied with.
BUILDING: Any structure with substantial walls and roof
securely affixed to the land and entirely
separated on all sides from any other structure
by space or by walls in which there are not
communicating doors, windows or openings;
and which is designed or intended for the
shelter, enclosure or protection of persons,
animals or chattels. Any structure with interior
areas not normally accessible for human use,
such as gas holders, oil tanks, water tanks,
grain elevators, coal bunkers, oil cracking
towers and other similar structures, are not
considered as buildings.
BUILDING, A building separated on all sides from the
COMPLETELY adjacent open space, or from other buildings or
ENCLOSED: other structures, by a permanent roof and by
exterior walls or party walls, pierced only by
windows and normal entrance or exit doors.
City of Yorkville
10-2-3 10-2-3
BUILDING, A building surrounded by open space on the
DETACHED: 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.
(See end of Chapter for diagram.) (Ord.
1973-56A, 3-28-74)
BUILDING The designated City official responsible for
INSPECTOR: inspecting buildings within the City. (1994 Code)
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 a provided by this
Title. (See Section 10-2-4 of this Chapter for
diagram.)
BUILDING, Any building which does not conform to the
NONCONFORMING: regulations of this Title prescribing the use,
required yards, coverage, height and setbacks,
minimum required spacing between buildings on
a single lot, and minimum required usable open
space for the district in which such building is
located.
BUILDING, PRINCIPAL: A nonaccessory building in which the principal
use of the zoning lot on which it is located is
conducted.
City of Yorkville
10-2-3 10-2-3
BUILDING SETBACK A line parallel to the street line of a distance
LINE': from it, regulated by the front yard requirements
set up in this Title.
BUILDING, Any building not designed to be permanently
TEMPORARY: 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.
BUS LOT: Any lot or land area used for the storage or
layover of passenger buses or motor coaches.
BUSINESS: Any occupation, employment or enterprise
wherein merchandise is exhibited or sold, or
which occupies time, attention, labor and
materials, or where services are offered for
compensation.
CARPORT: An automobile shelter with two (2) or more
sides open.
CELLAR: A story having more than one-half ('/Z) of its
height below the curb level or below the highest
level of the adjoining ground. A cellar shall not
be counted as a story for the purposes of height
measurement.
CITY: The United City of the Village of Yorkville or the
City of Yorkville.
CITY COUNCIL: The City Council of the City of Yorkville.
CLINIC or MEDICAL An establishment where patients are admitted
HEALTH CENTER: for special study and treatment by two (2) or
1. See diagram in Section 10-2-4 of this Chapter.
City of Yorkville
10-2-3 10-2-3
more licensed physicians or dentists and their
professional associates, practicing medicine
together.
CLUB or LODGE, A nonprofit association of persons who are bona
PRIVATE: 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'.
CONFORMING A building or structure which:
BUILDING OR
STRUCTURE: A. Complies with all the regulations of this Title
or of any amendment hereto governing bulk of
the district in which said building or structure is
located; and
B. Is designed or intended for a permitted or
conditional use as allowed in the district in
which it is located.
COURT: An open unoccupied space, other than a yard,
on the same lot with a building or group of
buildings and which is bounded on two (2) or
more sides by such building or buildings.
CURB LEVEL: The level of the established curb in front of the
building measured at the center of such front.
Where a building faces on more than one street,
1. See Title 3, Chapter 3 of this Code.
City of Yorkville
10-2-3 10-2-3
the "curb level" shall be the average of the
levels of the curbs at the center of the front of
each street. Where no curb elevation has been
established, the mean level of the land
immediately adjacent to the building shall be
considered the "curb level".
DECIBEL: A unit of measurement of the intensity
(loudness) of sound. Sound level meters which
are employed to measure the intensity of sound
are calibrated in "decibels".
DENSITY, GROSS: A ratio of the 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.
DISPLACEMENT The amplitude or intensity of an earthborn
(Earth): vibration measured in inches. The displacement
or amplitude is one-half 02) the total earth
movement.
DISTRICT: A section or part of the unincorporated portion
of the City for which the use regulations are
uniform.
DRIVE-IN An establishment or part thereof in which are
ESTABLISHMENT: provided facilities where serving or consuming
commodities, or both, are intended to occur
primarily in patrons' automobiles parked in the
premises.
DWELLING: A building or portion thereof, but not including a
house trailer or mobile home, designed or used
exclusively for residential occupancy, including
one-family dwelling units, two-family dwelling
units and multiple-family dwelling units, but not
including hotels, motels, boarding or lodging
houses.
City of Yorkville
10-2-3 10-2-3
DWELLING, A dwelling joined to two (2) other dwellings by
ATTACHED: party walls or vertical cavity walls and
aboveground physically unifying horizontal
structural elements.
DWELLING, A dwelling which is surrounded on all sides by
DETACHED: open space on the same lot.
DWELLING, A building, or portion thereof, designed or
MULTIPLE-FAMILY: altered for occupancy by three (3) or more
families living independently of each other.
DWELLING, A dwelling unit designed exclusively for use and
ONE-FAMILY: occupancy by one family.
DWELLING, A dwelling which is surrounded on all sides by
SEMI-DETACHED: open space on the same lot.
DWELLING, A building designed or altered to provide
TWO-FAMILY: dwelling units for occupancy by two (2) families.
DWELLING UNIT: One or more rooms in a residential structure
which are arranged, designed, used or intended
for use by one family, plus not more than four
(4) lodgers, for living or sleeping purposes, and
which include complete kitchen facilities
permanently installed.
EFFICIENCY UNIT: A dwelling unit consisting of one principal room,
exclusive of bathroom, kitchen, hallway, closets
or dining alcove, directly off the principal room.
EQUIVALENT The shade on the Ringelmann Chart that most
OPACITY: 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, A separate place of business having the
BUSINESS: following three (3) characteristics:
A. The ownership and management of all
operations conducted within such establishment
City of Yorkville
10-2-3 10-2-3
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.
FALLOUT SHELTER: An accessory building and use which
incorporates the fundamentals for fallout
protection - shielding mass, ventilation and
space to live - and which is constructed of such
materials, in such a manner, as to afford to the
occupants substantial protection from
radioactive fallout.
FAMILY: One or more persons related by blood, marriage
or adoption, or a group of not more than five (5)
persons (excluding servants) who need not be
related by blood, marriage or adoption, living
together and maintaining a common household,
but not including clubs, sororities, fraternities or
other similar organizations.
FENCE': A structure, including gates, or tree or shrub
hedge which is a barrier and used as a
boundary or means of protection or
confinement.
1. See Section 10-3-7 of this Title.
City of Yorkville
10-2-3 10-2-3
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. (Ord. 1973-56A, 3-28-74)
FLOOD-CREST The elevation of the highest flood level that has
ELEVATION: been or may be determined by the designated
Engineer for the City. The flood-crest elevation
by the designated Engineer shall be based upon
a Storm Water Drainage Map showing
flood-crest elevations of appropriate locations
as approved by the City Council. (Ord.,
1973-56A, 3-28-74; 1994 Code)
FLOOD PLAIN AREA: That continuous area adjacent to a stream or
stream bed, or any storm water retention area
and its tributaries, whose elevation is equal to
or lower than the flood-crest elevation, including
also land having an elevation higher than
flood-crest elevation but less than ten (10)
acres in area and surrounded by land in a flood
plain area or an area of such elevation secured
by landfill projecting into a flood plain area.
Any point shall be deemed to be within the flood
plain area if it falls below the elevation of a
high-water mark, as the elevation of the mark is
projected in horizontal directions perpendicular
to the flow of the stream and thence to
intersections at an equal elevation with the land
on either side of the stream. Any point between
the aforedescribed projections of any two (2)
high-water marks shall be deemed within the
flood plain area if it is at an elevation equal to
or lower than similar projections of the
interpolated flood-crest elevation. The
interpolated flood-crest elevation is the
calculated elevation of the flood crest at the
center line of the stream between two (2) known
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10-2-3 10-2-3
flood crests of the nearest upstream and
downstream high-water marks; and the
difference in elevation between the flood crest
at this location and at either of the high-water
mark projections is directly proportional to the
difference in stream center line distance
between the two (2) high-water mark
projections.
FLOOR AREA (For The sum of the gross horizontal areas of the
Determining Floor Area several floors, including also the basement floor
Ratio): of a building, measured from the exterior faces
of the exterior walls or from the center lines 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.
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 City'.
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
1. See Section 8-2-1 of this Code.
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additional floor. The horizontal area in each
floor of a building devoted to off-street parking
and off-street loading facilities and the
horizontal area of a cellar floor shall not be
included in the "floor area".
"Floor area" when prescribed as the basis of
measurement for off-street parking spaces and
off-street loading spaces for any use shall be
the sum of the gross horizontal area of the
several floors of the building, excluding areas
used for accessory off-street parking facilities
and the horizontal areas to the basement and
cellar floors that are devoted exclusively to uses
accessory to the operation of the entire building.
All horizontal dimensions shall be taken from
the exterior of the walls.
FLOOR AREA RATIO: The numerical value obtained by dividing the
floor area within a building or buildings on a lot
by the area of such lot. The floor area ratio as
designated for each district when multiplied by
the lot area in square feet shall determine the
maximum permissible floor area for the building
or buildings on the lot. (See Section 10-2-4 of
this Chapter for diagram.)
FLOOR AREA, Any floor area within outside walls of a
USABLE: residential building exclusive of areas in cellars,
basements, unfinished attics, garages, open
porches and accessory buildings, but including
any area "roughed in" but not completed which
is designed and intended for human occupancy.
FOOT-CANDLE: A unit of illumination, equivalent to the
illumination at all points which are one foot (1')
distant from a uniform point source of one
candlepower.
FOOT-LAMBERT: A unit of brightness, usually of a reflecting
surface. A diffusion surface of uniform
brightness reflecting or emitting the equivalent
of the light from one candle at one foot (1')
distant over one square foot has a brightness of
one foot-lambert.
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FREQUENCY: The number of oscillations per second in a
sound wave, measuring the pitch of the
resulting sound.
FUEL BULK STATION: A place where crude petroleum, gasoline,
naphtha, benzine, benzol, kerosene or other
flammable liquid which has a flash point at or
below two hundred degrees (2000) Fahrenheit
(closed cup tester) is stored for wholesale
purposes, where the aggregate capacity of all
storage tanks is more than eight thousand
(8,000) gallons, regardless of whether the fuel
is stored above the ground, underground or in
mobile tank cars or trucks.
GARAGE, BUS: Any 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 02) 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.
GARAGE, PUBLIC: Any building where automotive vehicles are
painted, repaired, rebuilt, reconstructed and/or
stored for compensation. (Ord. 1973-56A,
3-28-74)
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
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10-2-3 10-2-3
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.
(Ord. 1973-56A, 3-28-74; 1994 Code)
GROUND FLOOR The lot area covered by a principal building
AREA: measured at highest ground grade adjacent to
building from the exterior faces of the exterior
walls, but excluding open porches or terraces
and garages or carports.
GUEST, PERMANENT: A person who occupies or has the right to
occupy a lodging house, rooming house,
boarding house, hotel, apartment hotel or motel
accommodation as his domicile and place of
permanent residence.
HOME OCCUPATION: In all residence districts, any customary home
occupation shall be permitted provided that:
A. It is conducted entirely within the dwelling by
a member of the family residing in the dwelling
and when such home occupation is incidental
and secondary to the use of the dwelling for
dwelling purposes.
B. It is not conducted from a detached or
attached accessory building, or require 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 one-fourth ('/4) of
the floor area of a story, including also a cellar,
of the dwelling is devoted to such home
occupation.
C. There is no display or activity that will
indicate from the exterior of the dwelling that it
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10-2-3 10-2-3
is being used in whole or in part for any use
other than a dwelling, except one nameplate, no
more than one square foot in area, which
contains only the name of the occupant of the
dwelling and the home occupation conducted
therein and is attached to the dwelling and not
illuminated shall be permitted.
D. It is conducted by only a member of the
family residing on the premises, plus only one
additional person, whether or not a member of
such family.
E. No mechanical equipment is used, except
such as is customarily used for purely domestic
or household purposes.
F. No stock in trade is kept or sold including
also such as are made on the premises, or
services rendered on the premises that require
receipt or delivery of merchandise, goods or
equipment by other than U.S. letter carrier mail
service or the passenger automobile of the
person conducting the home occupation.
G. A home occupation conducted by a
professional person shall be only for
consultation, instruction or performance of
religious rites, but not for the general practice of
the profession.
H. Teaching of musical instruments and dancing
shall be conducted only in a single-family
detached dwelling and then to not more than
two (2) pupils at one time, and academic or
religious instructions may be given to not more
than six (6) pupils at one time in a single-family
detached dwelling, and not more than one pupil
at one time in any other type dwelling unit.
HOSPITAL or An institution devoted primarily to the
SANITARIUM: maintenance and operation of facilities for the
diagnosis, treatment or care, for not less than
twenty four (24) hours in any week, of three (3)
or more nonrelated individuals suffering from
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illness, disease, injury, deformity or other
abnormal physical conditions. The term "hospi-
tal", as used in this Title, does not apply to
institutions operating solely for the treatment of
insane persons, drug addicts, liquor addicts or
other types of cases necessitating restraint of
patients, and the term "hospital" shall not be
used for convalescent, nursing, shelter or
boarding homes.
HOTEL, APARTMENT: A building containing dwelling units or individual
guest rooms, the majority of which are for
permanent guests. Maid and janitor service may
be provided, but kitchen facilities are not
necessarily included.
HOTEL, MOTEL, INN An establishment containing lodging accom-
or AUTO COURT: modations designed for use by transients, or
travelers, or temporary guests. Facilities
provided may include maid service, laundering
of linen used on the premises, telephone and
secretarial or desk service, restaurants, cocktail
lounges, meeting rooms and ancillary retail
uses, provided access to such uses are from
the exterior of the principal use.
HOUSEHOLDER: The occupant of a dwelling unit who is either
the owner or lessee thereof.
IMPACT NOISE: A short duration sound such as those from a
forging hammer or punch press.
INCOMBUSTIBLE: A material which will not ignite nor actively
support combustion during an exposure for five
(5) minutes to a temperature of one thousand
two hundred degrees (1,2000) Fahrenheit .
INSTITUTION: A building occupied by a not-for-profit
corporation wholly for public or private use.
JUNK YARD: An open area where waste, scrap metal, paper,
rags or similar materials are bought, sold,
exchanged, stored, baled, packed, dis-
assembled or handled, including auto, farm
implements and machinery, and building
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wrecking yards, but excluding similar uses
taking place entirely within a completely
enclosed building.
JUNKER: An automobile, truck or other motor vehicle
which has been damaged to such an extent that
it cannot be operated under its own power and
will require major repairs before being made
usable, or such a vehicle which does not
comply with State or County laws or ordinances
for vehicles.
KENNEL, Any lot or premises or portion thereof on which
COMMERCIAL: 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, A place devoted to experimental study such as
COMMERCIAL: testing and analyzing. Manufacturing assembly
or packaging of products is not included within
this definition.
LAUNDERETTE: A business that provides coin-operated,
self-service type washing, drying, dry cleaning
and ironing facilities; provided that:
A. Not more than four (4) persons, including
owners, are employed on the premises; and
B. No pickup or delivery service is maintained.
LOADING AND An open, hard-surfaced area of land other than
UNLOADING SPACE, a street or public way, the principal use of which
OFF-STREET: 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, thirty five feet in length and
fourteen feet in height (10'x 35'x 14'), exclusive
of access aisles and maneuvering space.
LODGING or A building with not more than five (5) guest
ROOMING HOUSE: rooms where lodging is provided for compensa-
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10-2-3 10-2-3
tion pursuant to previous arrangement, but not
open to the public or overnight guests.
LOT: A parcel of land legally described as a distinct
portion or piece of land of record. (See Section
10-2-4 of this Chapter for diagram of lot types.)
LOT AREA: The area of a horizontal plane bounded by the
front, side and rear lot lines.
LOT, CORNER: A lot situated at the junction of and abutting on
two (2) or more intersecting streets; or a lot at
the point of deflection in alignment of a single
street, the interior angle of which is one
hundred thirty five degrees (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 and accessory
buildings. (See Section 10-2-4 of this Chapter
for diagram.)
LOT DEPTH: The mean horizontal distance between the front
and rear lot lines of a lot measured within the
lot boundaries.
LOT FRONTAGE: The front of a lot shall be that boundary of a lot
along a public or private street; for a corner lot,
the front shall be the narrowest side edge of the
lot fronting on a street; provided, that the owner
may orient his building toward either street.
LOT, INTERIOR: A lot other than a corner lot or reversed corner
lot. (See Section 10-2-4 of this Chapter for
diagram.)
LOT LINE: A property boundary 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: The front property line of a zoning lot.
LOT LINE, INTERIOR: A side lot line common with another lot.
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10-2-3 10-2-3
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. (Ord. 1973-56A, 3-28-74)
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. (Ord. 1973-56A, 3-28-74;
1994 Code)
LOT, REVERSED A corner lot, the rear of which abuts upon the
CORNER: 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 An establishment, the principal use of which is
ESTABLISHMENT: manufacturing, fabricating, processing,
assembly, repairing, storing, cleaning, servicing
or testing of materials, goods or products.
MARQUEE or A rooflike structure of a permanent nature which
CANOPY: projects from the wall of a building or overhangs
the public way and is designed and intended to
protect pedestrians from adverse weather
conditions.
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MOBILE HOME: A trailer designed and constructed for dwelling
purposes which contains cooking, sanitary and
electrical facilities and has a gross area of two
hundred twenty (220) square feet or more.
MOBILE HOME PARK: A lot, parcel or tract of land developed with
facilities for accommodating two (2) or more
mobile homes, provided each mobile home
contains a kitchen, flush toilet and shower or
bath; and such park shall be for use only by
nontransient dwellers remaining continuously for
more than one month, whether or not a charge
is made. It shall not include a sales lot in which
automobiles or unoccupied mobile homes or
other trailers are parked for the purpose of
inspection or sale, except mobile homes located
on a site in the mobile home park which are
occupied or vacant for not more than ninety (90)
days after occupancy may be sold or offered for
sale.
MOTELS, MOTOR A group of attached or detached buildings
LODGES, TOURIST containing individual sleeping and living units,
COURTS: 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 A building in which freight, brought to said
TERMINAL: 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 semi-trailer propelled or drawn by mechanical
power.
NAMEPLATE: A sign indicating the name and address of a
building or the name of an occupant thereof,
and the practice of a permitted occupation
therein.
NONCONFORMING Any building, structure or land lawfully occupied
USE: by use or lawfully established at the time of the
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10-2-3 10-2-3
effective date hereof, which does not conform
after the effective date hereof with the use
regulations of this Title.
NOXIOUS MATTER: Material which is capable of causing injury to
living organisms by chemical reaction or is
capable of causing detrimental effects upon the
physical, social or economic well-being of
human beings.
NURSERY SCHOOL or An institution providing care for three (3) or
DAY NURSERY: more children under the age of seven (7) years
for periods of more than four (4) hours but not
exceeding twenty four (24) hours.
NURSING HOME or A home for the care of children or the aged or
REST HOME: infirm, or a place of rest for those suffering
bodily disorders, but not including facilities for
the treatment of sickness or injuries or for
surgical care.
OBSTRUCTION: An obstacle, impediment or hindrance.
OCTAVE BAND: A means of dividing the range of sound
frequencies into octaves in order to classify
sound according to pitch.
OCTAVE BAND An electrical frequency analyzer designed
FILTER: according to standards formulated by the
American Standards Association and used in
conjunction with a sound level meter to take
measurements in specific octave intervals.
(American Standard for Sound-Level 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.
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10-2-3 10-2-3
OFFICE: A place, such as a building, room or suite, in
which services, clerical work, professional
duties or the like are carried out.
OPEN SALES LOT: Any land used or occupied for the purpose of
buying and selling new or secondhand
passenger cars or trucks, motor scooters,
motorcycles, boats, trailers, aircraft,
monuments, etc., and for the storing of same
prior to sale.
PARCEL DELIVERY A building in which commodities, sold at retail
STATION: within the area and packaged by the retailer,
are assembled and routed for delivery to retail
customers located within the area.
PARKING AREA, An open, hard-surfaced area, other than a
PRIVATE: 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, An open, hard-surfaced area, other than a
PUBLIC: street or public way, intended to be used for the
storage of passenger automobiles and
commercial vehicles under one and one-half
(1'/2) tons' capacity, and available to the public,
whether for compensation, free or as an
accommodation to clients or customers.
PARKING SPACE, Space within a public or private parking area of
AUTOMOBILE: not less than one hundred seventy (170) square
feet (8'/2'x 20'), exclusive of access drives, or
aisles, ramps, columns or office and work
areas, for the storage of one passenger
automobile or commercial vehicle under one
and one-half (1'/2) tons' capacity.
PARTICULATE Material which is suspended in or discharged
MATTER: into the atmosphere in finely divided form as a
liquid or solid at atmospheric pressure and
temperature.
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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 A criterion to control noise, odor, smoke, toxic
STANDARD: or noxious matter, vibration, fire and explosive
hazards, or glare or heat generated by or
inherent in uses of land or buildings.
PLAN COMMISSION: The Plan Commission of the City of Yorkville'.
PLANNED A tract of land which is developed as a unit
DEVELOPMENT: 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 manu-
facturing developments which shall be at least
ten (10) acres in area.
PORCH: A roofed-over structure, projecting out from the
wall or walls of a main structure and commonly
open to the weather in part.
PREFERRED A set of octave bands described by the band
FREQUENCIES: center frequency and standardized by the
American Standards Association in ASA
Standard N. S1.6-1960, "Preferred Frequencies
for Acoustical Measurements".
PRINCIPAL USE: The main use of land or buildings as
distinguished from a subordinate or accessory
use.
PUBIC OPEN SPACE: Any publicly-owned open area, including but not
limited to the following: parks, playgrounds,
forest preserves, beaches, waterways,
parkways and streets.
1. See Title 2, Chapter 1 of this Code and Section 10-14-2 of this Title.
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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 A strip of land with tracks and auxiliary facilities
WAY: for track operation, but not including depot
loading platforms, stations, train sheds,
warehouses, car shops, car yards, locomotive
shops, water towers, etc.
REFUSE: All waste products resulting from human
habitation, except sewage.
RESEARCH A building or group of buildings in which are
LABORATORY: 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 "Nursing Home".
RESTAURANT: Any land, building or part thereof, other than a
boarding house, where meals are provided for
compensation, including a cafe, cafeteria, coffee
shop, lunch room, drive-in stand, tearoom and
dining room, and including the serving of
alcoholic beverages when served with and
incidental to the serving of meals, where
permitted by local option.
RINGELMANN CHART: A chart which is described in the U.S. Bureau of
Mines Information Circular 6888, and on which
are illustrated graduated shades of grey for use
in estimating the light-obscuring capacity of
smoke.
RINGELMANN The number of the area on the Ringelmann
NUMBER: Chart that coincides most nearly with the visual
density of smoke emission.
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ROADWAY: That portion of a street which is used or
intended to be used for the travel of motor
vehicles.
RUNWAY: A strip or area of pavement used exclusively for
the landing and taking off of aircraft, or for the
movement of vehicles incidental to such use.
SCHOOL: Elementary, high or college, public or private, or
nonprofit junior college, college or university,
other than trade and business schools, including
instructional and recreational uses and school
bus garages, with or without living quarters,
dining rooms, restaurants, heating plants and
other incidental facilities for students, teachers
and employees.
SETBACK, When forty percent (40%) or more of the lots
ESTABLISHED: 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, See "Building Setback Line".
BUILDING:
SIGN: A name, identification, description, display or
illustration which is affixed to or painted or
represented directly or indirectly upon a
building, structure, tree, rock or other object, or
piece of land, and which directs attention to an
object, product, place, activity, persons,
institutions, organization or business.
However, a sign shall not include any display or
official court or public office notices nor shall it
include the flag, emblem or insignia of a nation,
political unit, school or religious group. A sign
shall not include a sign located completely
within an enclosed building unless the context
shall be exposed to view from a street. Each
display surface of a sign shall be considered to
be a sign.
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SIGN, ADVERTISING A sign which directs attention to a business,
(BILLBOARD): commodity, service or entertainment conducted,
sold or offered elsewhere than upon the
premises on which such sign is located or to
which it is affixed.
SIGN, BUSINESS: A sign which directs attention to a business or
profession conducted, or to a commodity,
service or entertainment sold or offered upon
the premises where such a sign is located or to
which it is affixed.
SIGN, CHURCH A sign attached to the exterior of a church or
BULLETIN BOARD: located elsewhere on the church premises, used
to indicate the services or activities of the
church and including its name, if desired.
SIGN, FLASHING: Any illuminated sign on which the artificial light
is not maintained stationary or constant in
intensity and color at all times when such is in
use. Any revolving, illuminated sign shall be
considered a flashing sign.
SIGN, GROSS A sign shall be the entire area within a single
SURFACE AREA OF: continuous perimeter enclosing the extreme
limits of such sign and in no case passing
through or between any adjacent elements of
same. However, such perimeter shall not
include any structural or framing elements lying
outside the limits of such sign and not forming
an integral part of the display.
SIGN, A structure, building wall or other outdoor
IDENTIFICATION: surface used to display and identify the name of
the individual, business, profession,
organization or institution occupying the
premises upon which it is located.
SMOKE: Small gasborne particles other than water that
form a visible plume in the air.
SMOKE UNIT: The number obtained by multiplying the smoke
density in Ringelmann numbers by the time of
emission in minutes. For the purpose of this
chart, Ringelmann density reading is made at
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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 An electronic instrument which includes a
METER: 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 The intensity of a sound measured in decibels
LEVEL: 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, LIVERY: Any building, other than a private stable,
designed, arranged, used or intended to be
used for the storage of horses and horsedrawn
livery or both.
STABLE, PRIVATE: Any building which is located on a lot on which
a dwelling is located and which is designed,
arranged, used or intended to be used for
housing horses for the private use of occupants
of the dwelling.
STABLE, PUBLIC A building and grounds which are designed,
(RIDING OR arranged, used or intended to be used for the
BOARDING STABLE): storage, boarding or breeding of horses,
including accessory uses which may include
riding and horsemanship instructions and the
hire of riding horses.
January 2000
City of Yorkville
10-2-3 10-2-3
STACKING The number of cars that must be accom-
REQUIREMENTS: modated in a reservoir space while awaiting
ingress or egress to specified business or
service establishments. (Ord. 1973-56A,
3-28-1974)
STADIUM: Any facility, building, corral, arena, or structure
of any kind designed for use as either a sports
facility (including animal sports, i.e., rodeos,
horseraces, etc.), entertainment facility, whether
for profit or not, where activities are to be
undertaken generally for the entertainment of
others. Said description includes ball fields,
when any type of structure is involved, skating
rinks, racetracks, football or soccer fields,
softball fields, gymnasiums, swimming facilities,
music halls, theaters, stages or any other type
of field or facility. (Ord. 1995-19, 8-10-1995)
STAND, ROADSIDE: A structure for the display and sale of only
agricultural products which are produced on the
premises.
STORY: That portion of a building included between the
surface of any floor and the surface of the floor
above it, or if there is no floor above, then the
space between the floor and ceiling next above
it. Any portion of a story exceeding fourteen feet
(14') in height shall be considered as an
additional story for each fourteen feet (14') or
fraction thereof.
STORY, HALF: A half story is 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
i
January 2000
City of Yorkville
10-2-3 10-2-3
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 Any change other than incidental repairs which
ALTERATIONS: 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.
January 2000
City of Yorkville
10-2-3 10-2-3
TAVERN or LOUNGE: A building where liquors are sold to be
consumed on the premises, but not including
restaurants where the principal business is
serving food.
TERRACE, OPEN: A level and rather narrow plane or platform
which, for the purpose of this Title, is located
adjacent to one or more faces of the principal
structure and which is constructed not more
than four feet (4') in height above the average
level of the adjoining ground. (Ord. 1973-56A,
3-28-74)
TITLE: Reference to "Title" herein shall be construed to
be the Yorkville Zoning Ordinance. (1994 Code)
TOURIST COURTS, A group of attached or detached buildings
MOTOR LODGES: containing individual sleeping or living units
designed for or used temporarily by automobile
tourists or transients with garage attached or
parking space conveniently located to each unit,
including auto courts, motor lodges or other
similar type uses.
TOURIST HOME: A dwelling in which accommodations are
provided or offered for transient guests.
TOURIST PARK: A parcel or tract of land containing facilities for
locating two (2) or more travel trailers or mobile
homes, and for use only by transients remaining
less than three (3) months, whether or not a
charge is made. An open sales lot in which
automobiles or unoccupied trailers are parked
for the purpose of inspection or sale is not
included in a tourist park.
TOXIC MATERIALS: A substance (liquid, solid or gaseous) which by
reason of an inherent deleterious property tends
to destroy life or impair health.
TRAILER: Any vehicle or portable structure constructed so
as to permit occupancy thereof for lodging or
dwelling purposes or for use as an accessory
building or structure in the conduct of a
business, trade or occupation and which may be
City of Yorkville
10-2-3 10-2-3
used for a conveyance on streets and highways
by its own or other motive power.
TRAILER CAMP or Any premises occupied by or designed to
PARK: accommodate two (2) or more automobile house
trailers or mobile homes, or the parking of two
(2) or more trailers for business or storage
purposes.
TRAILER, CAMPING: A trailer designed and constructed for temporary
dwelling purposes which does not contain
built-in sanitary facilities and has a gross floor
area of less than one hundred thirty (130)
square feet.
TRAILER HOUSE or Any trailer as defined herein used for residential
MOBILE HOME: purposes.
TRAILER, TRAVEL: A trailer designed and constructed for dwelling
purposes which may contain cooking, sanitary
and electrical facilities and has a gross floor
area of one hundred thirty (130) square feet or
more but less than two hundred twenty (220)
square feet.
TRUCK PARKING Any land used or intended to be used for the
AREA or YARD: storage or parking of trucks, trailers, tractors,
and including commercial vehicles, while not
loading or unloading, and which exceed one
and one-half (02) tons in capacity.
USABLE OPEN Ground area of a lot, landscaping and
SPACE: 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;
City of Yorkville
10-2-3 10-2-3
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, CONDITIONAL: A use that has unusual operational, physical or
other characteristics that may be different from
those of the predominant permitted uses in a
district, but which is a use that complements
and is otherwise, or can be made, compatible
with the intended overall development within a
district. Compliance with special standards not
necessarily applicable to other permitted or
conditional uses in the district shall be required
as regulated in this Title.
USE, LAWFUL: The use of any building, structure of 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, See "Nonconforming Use".
NONCONFORMING:
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
City of Yorkville
10-2-3 10-2-3
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.
VENDING MACHINE: A machine for dispensing merchandise or
services designed to be operated by the
customer.
VIBRATION: The periodic displacement, measured in inches,
of earth at designated frequency - cycles per
second.
YARD: An open area on a lot which is unobstructed
from its lowest level to the sky, except as
otherwise provided in this Title.
YARD, FRONT: A yard which is bounded by the side lot lines,
front lot line and the front yard line.
YARD, INTERIOR A side yard which adjoins another lot or an alley
SIDE: separating 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 which is bounded by side lot lines, rear
lot line and the rear yard line.
YARD, SIDE: A yard which is bounded by the rear yard line,
front yard line, side yard line and side lot line.
YARD, SIDE - A yard which is bounded by the front lot line,
ADJOINING A STREET: side yard adjoining a street line and rear lot
line.
City of Yorkville
10-2-3 10-2-4
ZONE: A district, as defined in this Section.
ZONING BOARD OF See Title 2, Chapter 2 of this Code. (Ord.
APPEALS: 1973-56A, 3-28-74)
10-2-4: DIAGRAMS: See following pages for diagrams. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-2-4 10-2-4
BUILDING HEIGHTS
0
H
a
GABLE HIP GAMBREL
H
MANSARD FLAT
ILLUSTRATIOF OKY
City of Yorkville
10-2-4 10-2-4
YARD & BUILDING LINES
REAR LOT LINE
REAR YARD _h ...............
`>;:_>'><:<'.1 I I t;i: ;•';ii<::i:i { _ ..BUILDABLE...AREA:; .1
=I
t `{ F
f
uj
►- I .� o f W { 1
LAJ
~ 0 1 to 'J
t
:.
Ir
t I
\j c
BUILDING SETBACK UNE `
1 FRONT YARD--�
STREET
ILLUSTRATION ONLY
City of Yorkville
10-2-4 10-2-4
FLOOR AREA RATIO ( FAR )
0.8
0.4 ^
0.2
-
�FT
ILLUSTRATION ONLY
City of Yorkville
10-2-4 10-2-4
TYPES OF LOTS
O
I O O O
STREET
w
w
w
H
STREET
QI INTERIOR LOT
�2 CORNER LOT
Q3 REVERSED CORNER LOT
® THROUGH LOT
ILLUSTRATION ONLY
City of Yorkville
10-2-4 10-2-4
LOT. COVERAGE
40%
20% i
1>
10%
st°q}
SrR f fr .� .. /�
ILLUSTRATION OWY
City of Yorkville
10-2-4 10-2-4
LOT DIMENSIONS
i
I I
I I fi
I x
w I d �
W 1 W
I D
i � J
LOT YfIDTk LOT wtor" + �°
BUILDING SETBACK LIM LOT
worm
STREET
ILLUSTRATION ONLY
(Ord. 1973-56A, 3-28-74)
City of Yorkville
10-3-1 10-3-1
CHAPTER 3
GENERAL ZONING PROVISIONS
SECTION:
10-3- 1: Use and Bulk Regulations
10-3- 2: Open Space on Lots
10-3- 3: Lot Area and Dimension
10-3- 4: Number of Buildings on a Zoning Lot
10-3- 5: Accessory Buildings
10-3- 6: Access to Public Street
10-3- 7: Required Fences, Hedges and Walls
10-3- 8: Travel Trailers; Camping Trailers; Recreational Items
10-3- 9: Airports and Surrounding Territory
10-3-10: Performance Standards
10-3-11: Uses Not Specifically Permitted in Districts
10-3-1: USE AND BULK REGULATIONS:
A. Use: No building, structure or land shall hereafter be used or
occupied, and no building or part thereof, or other structure, shall be
erected, razed, moved, reconstructed, extended, enlarged or altered
except in conformity with the regulations herein specified in the
district in which it is located.
B. Bulk: All new buildings and structures shall conform to the building
regulations established herein for the district in which each building
shall be located; except, that parapet walls, chimneys, cooling
towers, elevator bulkheads, fire towers, stacks and necessary
mechanical appurtenances shall be permitted to exceed the
maximum height provisions when erected in accordance with all
other ordinances of the City.
C. Division of Zoning Lots: No zoning lot improved with a building or
buildings shall hereafter be divided into two (2) or more zoning lots
and no portion of any zoning lot which is improved with a building or
buildings shall be sold unless all zoning lots resulting from each
City of Yorkville
10-3-1 10-3-2
division or sale and improved with a building or buildings shall not be
less conforming to all bulk regulations of the zoning district in which
the property is located. (Ord. 1973-56A, 3-28-74)
10-3-2: OPEN SPACE ON LOTS:
A. Maintenance of Yards, Courts and Other Open Spaces: The
maintenance of yards, courts and other open space and minimum lot
area legally required for a building shall be a continuing obligation of
the owner of such building or of the property on which it is located as
long as the building is in existence. Furthermore, no legally required
yards, courts, other open space or minimum lot area allocated to any
building shall, by virtue of change of ownership or for any other
reason, be 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 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:
1. In All Required Yards:
a. Open terraces not over four feet (4') above the average level
of the adjoining ground but not including a permanently roofed-over
terrace or porch; awnings and canopies; steps four feet (4) or less
above grade which are necessary for access to a zoning lot from a
street or alley; chimneys projecting eighteen inches (18") or less into
the yard; recreational and laundry-drying equipment; arbors and
trellises; and flagpoles. (Ord. 1973-56A, 3-28-74)
b. Open mesh-type fences having a height of six feet (6) or less
may be used to locate property lines within the required side or rear
City of Yorkville
10-3-2 10-3-2
yards in the residence districts. Fences, walls or latticework screens
which form outside living rooms or provide necessary privacy for
swimming pools or other activities and are actual projections from
the bearing walls of existing dwellings, may be extended into either
the side or the rear yard but not both yards. Where the projecting
fence, wall or screen has fifty percent (50%) or more of the surface
open or is a vertical type of boulevard fence, which can prevent free
movement of air from one or more directions and yet have more than
fifty percent (50%) of its surface open when viewed on an angle from
two (2) directions, it shall be permitted; provided, 1) that the
projection shall not prohibit the erection of an open mesh-type fence
over six feet (6') in height enclosing an elementary or high school
site, and 2) that this projection shall not limit the height, type or
location of a fence, wall or other structures which are located within
the buildable area exclusive of the side or rear yards of the property.
However, no fence may be located that will, in the opinion of the
Zoning Officer, obstruct the vision at a street intersection, alley or
driveway that may create unsafe traffic movements. (Ord. 1973-56A,
3-28-74; 1994 Code)
2. In Front Yards: One story bay windows projecting three feet (3') or
less into the yard; and overhanging eaves and gutters projecting
three feet (3') or less into the required yard.
3. In Rear Yards: Enclosed, attached or detached off-street parking
spaces; open off-street parking spaces, accessory sheds, tool rooms
and similar buildings or structures for domestic or agricultural
storage; balconies, breezeways and open porches, one-story bay
windows projecting three feet (3') or less into the required yards,
overhanging eaves and gutters projecting three feet (3') or less into
the required yard. In any residence district, no accessory building
shall be nearer than five feet (5) to the side and rear lot line nor
nearer than ten feet (10') to any principal building on an adjoining
lot.
4. In Side Yards: Overhanging eaves and gutters projecting into the
required yard for a distance not exceeding forty percent (40%) of the
required yard width but in no case exceeding thirty inches (30").
E. Corner Clearance: There shall be no material obstructions to vision
on any corner lot between a height of two feet (2') and a height of
ten feet (10') above the finished grade of either street within a forty
foot (40') triangle formed by the intersecting street lines. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-3-3 10-3-5
10-3-3: LOT AREA AND DIMENSION:
A. Contiguous Parcels: When two (2) or more parcels of land, each of
which lacks adequate area and dimension to qualify for a permitted
use under the requirements of the use district in which they are
located, are contiguous and are held in one ownership, they shall be
used as one zoning lot for such use.
B. Lots or Parcels of Land of Record: Any single lot or parcel of land
held in one ownership which was of record at the effective date
hereof that does not meet the requirements for minimum lot width
and area may be utilized for a permitted use; provided, that yards,
courts or usable open spaces are not less than seventy five percent
(75%) of the minimum required dimensions or areas, except as
provided in Section 10-10-7 of this Title. (Ord. 1973-56A, 3-28-74)
10-3-4: NUMBER OF BUILDINGS ON A ZONING LOT: Except in
the case of a planned development, not more than one
principal detached residential building shall be located on a zoning lot, nor
shall a principal detached residential building be located on the same
zoning lot with any other principal building. (Ord. 1973-56A, 3-28-74)
10-3-5: ACCESSORY BUILDINGS:
A. Location: No part of any accessory building shall be located closer
than five feet (5') from any side or rear property line, nor closer than
ten feet (10') to any main building, unless attached and a part of
such main building.
B. Time of Construction: No accessory building or structure with a
connected water supply shall be constructed on any lot prior to the
start of construction of the principal building to which it is accessory.
C. Height of Accessory Buildings in Required Rear Yards: No accessory
building or portion thereof located in a required rear yard shall
exceed fifteen feet (15') in height.
D. On Reversed Corner Lots: On a reversed corner lot in a residence
district and within fifteen feet (15') of any adjacent property to the
rear in a residence district, no accessory building or portion thereof
located in a required rear yard shall be closer to the side lot line
abutting the street than a distance equal to sixty percent (60%) of
City of Yorkville
10-3-5 10-3-7
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. (Ord. 1973-56A,
3-28-1974)
10-3-6: ACCESS TO PUBLIC STREET: Except as otherwise provided
for in this title, every residential building shall be constructed
or erected upon a lot or parcel of land which abuts or has public access to
and upon a public street unless a permanent easement of access to a
public street was of record prior to the effective date hereof. (Ord. 2003-20,
3-11-2003)
10-3-7: REQUIRED FENCES', HEDGES AND WALLS:
A. A six foot (6) high fence or wall shall be constructed along the
perimeter of all areas considered by the plan commission to be
dangerous to the public health and safety.
B. When required by the zoning administrator, a six foot (6) high solid
masonry wall shall be erected along the property line or zone
boundary lines to separate industrial and commercial districts or
uses from abutting residential districts as follows:
1. Where the zone boundary is at a rear lot line which is not on a
street, the wall shall be on that line.
2. Where the boundary is a side lot line, the wall shall parallel said
side lot line and be reduced to three feet (3') in height in the area set
forth as a required front yard for the abutting residential district. The
wall paralleling the front property line shall be set back from said
property line not less than ten feet (10') and the space between the
wall and the front property line is to be landscaped and maintained.
3. Where the boundary is a street, the wall shall be set back from the
property line a distance of ten feet (10'). The space between the wall
and the property line shall be landscaped and maintained.
1. See fences defined, section 10-2-3 of this title.
May 2003
City of Yorkville
10-3-7 10-3-8
4. Where the boundary is an alley, the wall shall be on the property
line along the alley. (Ord. 1973-56A, 3-28-1974)
C. Barbed wire fencing shall be prohibited within the boundaries of the
city limits unless a variance is obtained to the contrary. (1994 Code)
D. Nothing in this section shall be deemed to set aside or reduce the
requirements established for security fencing by either local, state or
federal law. (Ord. 1973-56A, 3-28-1974)
10-3-8: TRAVEL TRAILERS; CAMPING TRAILERS; RECREA-
TIONAL ITEMS:
A. Permanently Affixing To Ground Prohibited: Trailers shall not be
permanently affixed to the ground as principal or accessory
structures on a lot in any district.
B. Parking And Storage Restricted: Travel trailers shall not be parked or
stored on any lot other than in a lawfully established travel camp or
trailer sales or manufacturing establishment; except, that in a
residence district, one travel trailer may be stored within an enclosed
structure on a lot. No more than one camping trailer may be parked
or stored in the open on a lot in a residence district and only when it
is not located within a required yard.
C. Temporary Parking: Temporary parking and use of trailers shall be
permitted when a permit has been issued by the zoning administrator
for the following purposes:
1. Parking in the open and use of a travel trailer for lodging purposes
on the lot containing a dwelling, provided it is not parked or used
thereon more than a thirty (30) day period.
2. Parking and use of trailers for temporary offices or storage uses
incidental to and only for the period of time of construction of a
building, provided such trailers are located on the same or
contiguous lot as the building being constructed.
D. Tents: Tents shall not be erected, used or maintained 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 permitted when a permit has been
issued for such use by the zoning administrator.
May 2003
City of Yorkville
10-3-8 10-3-9
E. Boats: Boats may be parked or stored in the open when in the
operation of a lawfully established principal use, and one boat may
be stored or parked on a lot containing a dwelling; provided, that it
shall be located within the buildable area or in a rear yard and no
major repair, disassembly or rebuilding operations are conducted
thereon. (Ord. 1973-56A, 3-28-1974)
10-3-9: AIRPORTS AND SURROUNDING TERRITORY: Airports and
surrounding territory are subject to the rules and regulations
of the state of Illinois, department of aeronautics and to the following:
A. Height of structures in areas surrounding the boundaries of airports
having an established approach plan that has been approved by the
state of Illinois, department of aeronautics shall be in accordance
with the requirements set forth in the approach plan.
B. Height of structures in areas ten thousand (10,000) linear feet
beyond the boundaries of airports that do not have an established
approach plan shall be governed by the following:
1. For an airport having the longest runway less than three thousand
nine hundred fifty (3,950) linear feet in length, structures located just
beyond the boundaries of the airport shall not be in excess of fifteen
feet (15') in height, and for every two hundred (200) linear feet of
additional distance from the airport boundaries, the height of
structures may be increased by not more than ten feet (10').
2. For an airport having a runway of three thousand nine hundred
fifty (3,950) linear feet or more in length, structures just beyond the
boundaries of the airport shall not be in excess of fifteen feet (15') in
height; and for every two hundred (200) linear feet of additional
distance from the airport boundaries, the height of structures may be
increased by not more than five feet (5'); and where a runway has
been designated as an instrument runway, the height of structures
may be increased by not more than four feet (4') in every two
hundred (200) linear feet of additional distance from airport
boundaries for the first ten thousand (10,000) linear feet, and for the
area covered in the next forty thousand (40,000) linear feet, the
height of structures may be increased by not more than five feet (5')
in every additional two hundred (200) linear feet.
C. Structures exceeding the limiting heights shall be considered
obstructions to air navigation unless found not to be objectionable
after special aeronautical study. Such structures may be specifically
May 2003
City of Yorkville
10-3-9 10-3-11
authorized as a variation after public hearing by the zoning board as
provided by law. (Ord. 1973-56A, 3-28-1974)
10-3-10: PERFORMANCE STANDARDS: The performance standards
for the M-1 manufacturing district as set forth in section
10-8-1 of this title, noise, smoke, odorous matter, vibration, toxic or noxious
matter, glare or heat, fire and explosive hazards, shall also apply to all
residence or business districts. (Ord. 1973-56A, 3-28-1974)
10-3-11 : USES NOT SPECIFICALLY PERMITTED IN DISTRICTS:
When a use is not specifically listed in the sections devoted to
"uses permitted", it shall be assumed that such uses are hereby expressly
prohibited unless, by a written decision of the plan commission, it is
determined that said use is similar to and not more objectionable than uses
listed. (Ord. 1973-56A, 3-28-1974)
May 2003
City of Yorkville
10-4-1 10-4-1
CHAPTER 4
ZONING DISTRICTS AND MAPS
SECTION:
10-4-1 : Districts Established
10-4-2: Zoning Maps
10-4-3: District Boundaries
10-4-4: Zoning Of Streets, Alleys, Public Ways, Waterways And
Railroad Rights Of Way
10-4-5: Zoning Of Annexed Land
10-4-1: DISTRICTS ESTABLISHED: For the purpose and provisions
herein, Yorkville is hereby organized into fifteen (15) districts.
The minimum area that may constitute a separate or detached part of any
zoning district shall be as follows:
Location In Title Zoning District Minimum Acres
Chapter 5 F-1 Flood Plain District ---
Chapter 6, Article A Estate District 1
Chapter 6, Article B R-1 One-Family Residence District 10
Chapter 6, Article C R-2 One-Family Residence District 10
Chapter 6, Article D R-2 Duplex,Two-Family Residence ---
District
Chapter 6, Article E R-3 General Residence District 5
Chapter 6, Article F R-4 General Residence District 2
Chapter 7, Article A O Office District 1
Chapter 7, Article B B-1 Limited Business District 1
Chapter 7, Article C B-2 General Business District 2
Chapter 7, Article D B-3 Service Business District 2
Chapter 7, Article E B-4 Business District 2
Chapter 8, Article A M-1 Limited Manufacturing District 10
Chapter 8, Article B M-2 General Manufacturing District 10
Chapter 9 A-1 Agricultural District ---
November 2000
City of Yorkville
10-4-1 10-4-4
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986; Ord. 1990-18,
5-24-1990; Ord. 1992-14A, 12-10-1992; 1994 Code; Ord. 1994-31,
7-15-1994; Ord. 2000-1, 1-27-2000)
10-4-2: ZONING MAPS: The boundaries of the zoning districts
designated in Section 10-4-1 of this Chapter are hereby
established as shown on the maps entitled "Zoning Map: The United City of
the Village of Yorkville", dated March 28, 1974, which maps accompany and
are made a part hereof and shall have the same force and effect as if the
Zoning Map, together with all notations, references and other information
shown thereon, were fully set forth and described herein. (Ord. 1973-56A,
3-28-1974)
10-4-3: DISTRICT BOUNDARIES: When uncertainty exists with
respect to the boundaries of the various districts shown on
the Zoning Map, the following rules shall apply:
A. District boundary lines are either the center lines of railroads,
highways, streets, alleys or easements or the boundary lines of
sections, quarter-sections, divisions of sections, tracts or lots, or
such lines extended or otherwise indicated.
B. In areas not subdivided into lots and blocks, wherever a district is
indicated as a strip adjacent to and paralleling a street or highway,
p 9
the depth of such strips shall be in accordance with the dimensions
shown on the maps measured at right angles from the center line of
the street or highway, and the length of frontage shall be in
accordance with dimensions shown on the maps from section,
quarter-sections or division lines, or center lines of streets, highways
or railroad rights of way unless otherwise indicated.
C. Where a lot held in one ownership and of record on the effective
date hereof is divided by a district boundary line, the entire lot shall
be construed to be within the less restricted district; provided, that
this construction shall not apply if it increases the less restricted
frontage of the lot by more than twenty five feet (25'). (Ord.
1973-56A, 3-28-1974)
10-4-4: ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATER-
WAYS AND RAILROAD RIGHTS OF WAY: All streets,
alleys, public ways, waterways and railroad rights of way, if not otherwise
November 2000
City of Yorkville
10-4-4 10-4-5
specifically designated, shall be deemed to be in the same zone as the
property immediately abutting upon such alleys, streets, public ways, or
waterways and railroad rights of way. Where the center line of a street,
alley, public way, waterway or railroad right of way serves as a district
boundary, the zoning of such areas, unless otherwise specifically
designated, shall be deemed to be the same as that of the abutting property
up to such center line. (Ord. 1973-56A, 3-28-1974)
10-4-5: ZONING OF ANNEXED LAND: All land which may hereafter
be annexed to the City shall automatically be classified in the
R-1 Residential District. When land is automatically classified in the R-1
District pursuant to this Section, the annexation ordinance, upon passage,
shall be referred to the Plan Commission, and the Plan Commission shall,
within sixty (60) days after the effective date of the annexation ordinance,
schedule and hold a public hearing with respect to the zoning classification
of the annexed land pursuant to the provisions of Section 10-14-8 of this
Title. The Plan Commission shall make findings and recommendations with
respect to the appropriate zoning classification or classifications of the
annexed land and transmit the same to the Mayor and the City Council.
(Ord. 1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-5-1 10-5-2
CHAPTER 5
F-1 FLOOD PLAIN DISTRICT'
SECTION:
10-5-1: Purpose
10-5-2: Uses Permitted
10-5-3: Conditions of Use
10-5-4: Flood Plain Fringe Areas
10-5-1: PURPOSE: This District is created to protect the public health
and to reduce the financial burdens imposed on the City, its
governmental units and its individuals, which may result from improper use
of lands having excessively high water tables or are subject to frequent and
periodic floods. (Ord. 1973-56A, 3-28-74)
10-5-2: USES PERMITTED: The following are permitted:
A. Open type uses such as loading and unloading areas, parking lots;
storage of motor vehicles (new and used) for not more than twenty
four (24) hour periods, and gardens, auxiliary to uses permitted in
any adjoining district.
B. Storage yards for equipment and materials in movable containers
and not subject to major damage by flood, provided such uses are
permitted in an adjoining district, but not including acids, caustics,
flammable liquids, trash, rags, bottles, scrap metal or any other
materials commonly referred to as "junk".
C. Open type public and private recreational facilities such as public
parks, forest preserves, golf clubs, golf driving ranges, drive-in
theaters, recreational lakes and other similar recreational uses,
subject to all other provisions of this Title.
1. See also the provisions of Title 8, Chapter 7 of this Code. ,
City of Yorkville
10-5-2 10-5-3
D. Agricultural uses where no buildings are involved.
E. Fences shall be open wire fences providing at least seventy percent
(70%) open space.
F. Planned single-family residential developments in unsubdivided
areas only and single-family residences on lots of record prior to the
effective date hereof, subject to the following requirements:
1. All lots are served with a public or central sewerage system
approved by the City and the Illinois Sanitary Water Board.
2. All finished floors, including cellars, shall be at an elevation of not
less than two feet (2') above the high water elevation as recorded in
the 1954 flood along the Fox River.
3. Area for water retention shall be provided which will provide water
retention equal in volume to that displaced by the development.
(Ord. 1973-56A, 3-28-74)
10-5-3: CONDITIONS OF USE: In the F-1 Districts, the following
conditions of use shall pertain:
A. No filling of land shall be permitted except where approved by the
Plan Commission and subject to such conditions as may be
stipulated to protect the public interest.
B. The natural drainage grade shall not be substantially altered.
C. Any structures permitted shall be placed on the lot so as to offer the
minimum obstruction to the flow of water and shall be firmly
anchored to prevent the structure from floating away and thus
threatening to further restrict bridge openings and other restricted
sections of the stream.
D. Where, in the opinion of the Plan Commission, topographic data,
engineer and other studies are needed to determine the effects of
flooding on a proposed structure or the effect of the structure on the
flow of water, the Plan Commission may require the applicant to
submit data or other studies prepared by competent engineers or
other technicians.
City of Yorkville
10-5-3 10-5-4
E. All uses permitted shall be subject to approval of the Plan
Commission and to such conditions as may be stipulated to protect
the public interest.
F. Area for water retention shall be provided which will provide water
retention equal in volume to that displaced by the development.
G. Planned single-family residential developments, where permitted,
shall contain adequate storm drainage or other facilities capable of
protecting the area from flooding.
H. No basement or other floor shall be constructed below existing
ground level.
I. All planned single-family residential developments shall be subject to
the final approval of the City Council that all of the foregoing
requirements of this Section have been complied with.
J. No building or structure shall be erected and no existing building or
structure shall be moved unless the main floor elevation of said
building or structure is established with a finished first floor elevation
not less than two feet (2') above the highest known flood elevation.
(Ord. 1973-56A, 3-28-74)
10-5-4: FLOOD PLAIN FRINGE AREAS: Areas lying outside of and
adjacent to the flood plain districts, as shown on the zoning
maps, shall be subject to the following regulations:
A. No basement floor or other floor shall be constructed below or at a
lower elevation than the main floor.
B. Land may be filled within the flood plain fringe areas, provided such
fill shall extend at least twenty five feet (25') beyond the limits of any
structure erected thereon.
C. Foundations of all structures shall be designed to withstand flood
conditions at the site. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-6A-1 10-6A-1
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE A. ESTATE DISTRICT
SECTION:
10-6A-1 : Uses Permitted
10-6A-2: Special Uses
10-6A-3: Lot Area
10-6A-4: Yard Areas
10-6A-5: Lot Coverage
10-6A-6: Maximum Building Height
10-6A-7: Performance Standards
10-6A-1: USES PERMITTED: The following uses are permitted:
Accessory uses.
Churches, rectories and parish houses.
Golf courses, regulation size, but not including "par 3" golf courses,
commercially operated driving ranges or miniature golf courses; and
provided, that no clubhouse or accessory building shall be nearer than five
hundred feet (500') to any dwelling on an adjacent zoning lot.
Home occupations.
Off-street parking facilities, as required or permitted in accordance with the
provisions of Chapter 11 of this Title.
One-family detached dwellings.
Parks, forest preserves and recreational areas, when publicly owned and
operated.
November 2000
City of Yorkville
10-6A-1 10-6A-2
Public utility facilities, as defined in the State Act entitled "An Act
Concerning Public Utilities"'.
Schools; public, denominational or private, elementary and high, including
playgrounds, garages for school buses and athletic fields auxiliary thereto.
Seminaries, convents, monasteries and similar religious institutions,
including dormitories and other accessory uses required for operation.
Signs, as permitted and regulated by Chapter 12 of this Title.
Temporary buildings for construction purposes for a period not to exceed
such construction. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31,
7-15-1994)
10-6A-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Airports or aircraft landing fields.
Cemeteries, including crematories and mausoleums in conjunction therewith
if not located within five hundred feet (500') of any dwelling.
Colleges and universities, including dormitories, fraternities, sororities and
other accessory buildings and structures when located on the college or
university grounds, but not including business colleges or trade schools
when operated for profit.
Daycare centers.
Filling of holes, pits or lowlands with noncombustible material free from
refuse and food wastes.
Institutions for the aged and for children.
Philanthropic and eleemosynary institutions.
Planned residential or institutional developments under single ownership or
control in which incidental business or recreational facilities for the
convenience of the occupants may be furnished. For such developments,
1. 220 ILCS 5/1-101.
November 2000
City of Yorkville
10-6A-2 10-6A-3
the city council may vary the bulk regulations of this title, provided such
variations are consistent with the general purpose and intent of this title and
as set forth in chapter 14 of this title, and will result in better site planning
and thus be of greater benefit both to the occupants of the development
and to the surrounding area.
Private recreational areas or camps when not operated for profit.
Public service uses:
Electric substations and booster stations.
Filtration plant, pumping station and water reservoir.
Police and fire station.
Sewage treatment plant.
Telephone exchange.
Radio and television towers, commercial.
Railroad rights of way and trackage, but not including classification yards,
terminal facilities or maintenance facilities.
Rest homes, nursing homes, hospitals and sanitariums, for human beings
only.
Sale of antique goods and property from a structure deemed to have
historic significance as defined in the united city of Yorkville overlay zoning
ordinance.
Schools, day or nursery, public or private. (Ord. 1973-56A, 3-28-1974; amd.
Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000; Ord. 2003-37, 7-8-2003;
Ord. 2003-42, 7-22-2003; Ord. 2003-50, 8-12-2003)
10-6A-3: LOT AREA:
A. Every one-family detached dwelling hereinafter erected shall be
located on a tract of land having an area of not less than one acre
and with a width at the established building line not less than two
hundred feet (200').
December 2003
City of Yorkville
10-6A-3 10-6A-6
B. All nonresidential principal use buildings, as permitted in this article,
shall be located on a tract of land having an area of not less than
one acre and with a width at the established building line of not less
than two hundred feet (200').
C. Lot size for special uses shall be specified in the special use permit
but shall not be less than five (5) acres. (Ord. 2000-1, 1-27-2000)
10-6A-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement: (Ord. 1973-56A,
3-28-1974)
A. Front Yard: A front yard of not less than fifty feet (50').
B. Side Yards: A side yard on each side of the zoning lot of not less
than fifty feet (50').
C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord. 2000-1,
1-27-2000)
10-6A-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of the zoning lot may be occupied by buildings and
structures including accessory buildings. (Ord. 2000-1, 1-27-2000)
10-6A-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or structurally altered to exceed the following
heights:
A. One-Family Detached Dwellings: Twenty five feet (25') and not more
than two and one-half (2'/2) stories.
B. Churches: Seventy five feet (75') for towers and steeples, but not
more than forty five feet (45') for the main structure.
C. Other Nonresidential Buildings: Other nonresidential permitted
buildings and structures shall not exceed thirty five feet (35') and not
more than three (3) stories in height. Parapet walls, chimneys,
cooling towers, stacks and necessary mechanical appurtenances
may be erected over and above the maximum height of thirty five
December 2003
City of Yorkville
10-6A-6 10-6A-7
feet (35'), provided they are constructed in accordance with all other
regulations of the city.
D. Special Uses: Maximum height limitations shall be specified with the
granting of a special use permit. (Ord. 1973-56A, 3-28-1974; amd.
Ord. 1994-31, 7-15-1994)
10-6A-7: PERFORMANCE STANDARDS:
A. All streetlights shall be required at intersections with a minimum
spacing of five hundred feet (500') with lights also placed at curves
or dead end streets as required by the city.
B. No sidewalks are required. However, in the event sidewalks are not
provided, paved trails must be provided that meet the city's
standards, specifically a ten foot (10') width with an exit and
entrance identification consisting of two inches (2") of asphalt on
eight inches (8") of CA-6 aggregate. Dedicated easements at least
fifteen feet (15') wide must be provided for the trail.
C. All driveways must be paved with brick, asphalt or concrete, and
must have a concrete culvert with flared end sections. Culvert
diameter shall be twelve inches (12") or greater, as required by the
city.
D. Streets will require a seventy foot (70') minimum dedicated right of
way with a fifty foot (50') front yard setback. Twenty eight feet (28')
of actual asphalt with a twenty five foot (25') driving area marked by
thermoplastic reflective strip is required. Thirty two foot (32') width of
full depth stone to provide two foot (2') wide stone shoulders at least
twelve inches (12") thick. A ditch shall be required on both sides of
the street and shall have a minimum profile slope of one percent
(1%) (side slope 4:1 on the street side, and 3:1 on the lot side).
Mailbox turnouts will be paved, using driveway specifications to
determine thickness. (Ord. 1997-1, 2-13-1997)
E. Private wells are allowed if the subdivision or lot is not within two
hundred fifty feet (250') of municipal water service provided that
public sanitary sewer mains serve the lot or parcels for which
permission for a private well is sought. Private septic systems are
allowed if the 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
September 2003
City of Yorkville
10-6A-7 10-6A-7
parcel then a septic field is not allowed on the lot or parcel; and
conversely if a private septic system is allowed on the parcel then a
private well is not allowed on the lot or parcel. A newly platted
subdivision must have either all private wells or all private septic
systems, but not a mix of both and only when the municipal water or
sanitary sewer service is more than two hundred fifty feet (250')
away. If a lot is within two hundred fifty feet (250') of public water or
sanitary sewer service, that lot may maintain its private septic or
private well only until failure of the private septic or private well. At
that time the lot must be connected to the public sanitary sewer or
public water service as the case may be at the lot owner's sole
expense. After connection to the city sanitary sewer system,
individual private septic fields shall be abandoned by pumping out
the tank, knocking in the cover and filling with dirt or stone. After
connection to the city water system, individual private wells shall be
properly capped as provided under the Illinois public health code. All
public improvements shall conform to the city standard specifications
for municipal water and sanitary sewer improvements. (Ord.
2001-20, 4-26-2001)
September 2003
City of Yorkville
10-66-1 10-613-1
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE B. R-1 ONE-FAMILY RESIDENCE DISTRICT
SECTION:
10-66-1 : Uses Permitted
10-613-2: Special Uses
10-613-3: Lot Area
10-613-4: Yard Areas
10-6B-5: Lot Coverage
10-613-6: Maximum Building Height
10-66-1 : USES PERMITTED: The following uses are permitted:
Accessory uses.
Churches, rectories and parish houses.
Golf courses, regulation size, but not including "par 3" golf courses,
commercially operated driving ranges or miniature golf courses; and
provided, that no clubhouse or accessory building shall be nearer than five
hundred feet (500') to any dwelling on an adjacent zoning lot.
Home occupations.
Off-street parking facilities, as required or permitted in accordance with the
provisions of Chapter 11 of this Title.
One-family detached dwellings.
Parks, forest preserves and recreational areas, when publicly owned and
operated.
November 2000
City of Yorkville
10-613-1 10-613-2
Public utility facilities, as defined in the State act entitled "An Act
Concerning Public Utilities"'.
Schools; public, denominational or private, elementary and high, including
playgrounds, garages for school buses and athletic fields auxiliary thereto.
Seminaries, convents, monasteries and similar religious institutions,
including dormitories and other accessory uses required for operation.
Signs, as permitted and regulated by Chapter 12 of this Title.
Temporary buildings for construction purposes for a period not to exceed
such construction. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31,
7-15-1994; Ord. 2000-1, 1-27-2000)
10-613-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Airports or aircraft landing fields.
Cemeteries, including crematories and mausoleums in conjunction therewith
if not located within five hundred feet (500') of any dwelling.
Colleges and universities, including dormitories, fraternities, sororities and
other accessory buildings and structures when located on the college or
university grounds, but not including business colleges or trade schools
when operated for profit.
Daycare centers.
Filling of holes, pits or lowlands with noncombustible material free from
refuse and food wastes.
Institutions for the aged and for children.
Philanthropic and eleemosynary institutions.
Planned residential or institutional developments under single ownership or
control in which incidental business or recreational facilities for the
convenience of the occupants may be furnished. For such developments,
1. 220 ILCS 5/1-101.
November 2000
City of Yorkville
10-613-2 10-6B-3
the city council may vary the bulk regulations of this title, provided such
variations are consistent with the general purpose and intent of this title and
as set forth in chapter 14 of this title, and will result in better site planning
and thus be of greater benefit both to the occupants of the development
and to the surrounding area.
Private recreational areas or camps when not operated for profit.
Public service uses:
Electric substations and booster stations.
Filtration plant, pumping station and water reservoir.
Police and fire station.
Sewage treatment plant.
Telephone exchange.
Radio and television towers, commercial.
Railroad rights of way and trackage, but not including classification yards,
terminal facilities or maintenance facilities.
Rest homes, nursing homes, hospitals and sanitariums, for human beings
only.
Schools, day or nursery, public or private. (Ord. 1973-56A, 3-28-1974; amd.
Ord. 1994-31, 7-15-1994; Ord. 1995-20, 8-10-1995; Ord. 2000-1,
1-27-2000)
10-613-3: LOT AREA:
A. Every one-family detached dwelling hereinafter erected shall be
located on a tract of land having an area of not less than eighteen
thousand (18,000) square feet and with a width at the established
building line not less than one hundred feet (100').
B. All nonresidential principal use buildings, as permitted in this article,
shall be located on a tract of land having an area of not less than
eighteen thousand (18,000) square feet and with a width at the
established building line of not less than one hundred feet (100').
September 2003
City of Yorkville
10-6B-3 10-6B-6
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1988-2, 1-28-1988; Ord.
1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000)
C. Lot size for special uses shall be specified in the special use permit
but shall not be less than five (5) acres. (Ord. 1973-56A, 3-28-1974;
amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000)
10-6B-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than forty feet (40').
B. Side Yards: A side yard on each side of the zoning lot of not less
than fifteen feet (15'), except where a side yard adjoins a street, the
minimum width shall be increased to forty feet (40').
C. Rear Yard: A rear yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994; Ord. 2000-1,
1-27-2000)
10-6B-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of a zoning lot may be covered by buildings or
structures, including accessory buildings. Drives and sidewalks on grade
are not to be considered structures. (Ord. 2003-40, 7-22-2003)
10-6B-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or structurally altered to exceed the following
heights:
A. One-Family Detached Dwellings: Thirty feet (30') and not more than
2.5 stories, whichever is less.
B. Churches: Seventy five feet (75') for towers and steeples, but not
more than forty five feet (45') for the main structure.
C. Other Nonresidential Buildings: Other nonresidential permitted
buildings and structures shall not exceed thirty five feet (35') and not
more than three (3) stories in height. Parapet walls, chimneys,
cooling towers, stacks and necessary mechanical appurtenances
may be erected over and above the maximum height of thirty five
September 2003
City of Yorkville
10-613-6 10-613-6
feet (35'), provided they are constructed in accordance with all other
regulations of the City.
D. Special Uses: Maximum height limitations shall be specified with the
granting of a special use permit. (Ord. 1973-56A, 3-28-1974; amd.
Ord. 1994-31, 7-15-1994; Ord. 2000-1, 1-27-2000)
November 2000
City of Yorkville
10-6C-1 10-6C-3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE C. R-2 ONE-FAMILY RESIDENCE DISTRICT
SECTION:
10-6C-1 : Uses Permitted
10-6C-2: Special Uses
10-6C-3: Lot Area And Allowable Density
10-6C-4: Yard Areas
10-6C-5: Lot Coverage
10-6C-6: Maximum Building Height
10-6C-1 : USES PERMITTED: The following uses are permitted:
Any permitted use in the Estate District or the R-1 One-Family Residence
District. (Ord. 2000-1, 1-27-2000)
10-6C-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any use permitted as a special use in the Estate District or the R-1 One-
Family Residence District, except that planned developments may be
considered where the zoning lot proposed for development has a gross
area of not less than ten (10) acres.
Bed and breakfast inns. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-36,
10-13-1994; Ord. 2000-1, 1-27-2000)
10-6C-3: LOT AREA AND ALLOWABLE DENSITY:
A. Lots with private wells and/or private sewage treatment facilities:
November 2000
City of Yorkville
10-6C-3 10-6C-4
1. One acre with a width at the building line not less than one
hundred twenty five feet (125'). Density shall not exceed one
dwelling unit per each acre. (Ord. 1973-56A, 3-28-1974; amd. 1994
Code; Ord. 2000-1, 1-27-2000)
2. This subsection shall apply within the one and one-half (1'/2) mile
planning limits of the City, only upon application and obtaining a
special use from the City Plan Commission and approved by the City
Council. The standards for approval of a special use permit shall be
only upon:
a. A showing by the petitioner that an undue hardship exists to
establish a connection to the City water and/or sewer mains.
b. That no sewer or water lines exist within two hundred fifty feet
(250') of the proposed development of petitioner.
c. That due to unique size, terrain or character of the petitioner's
development, it is necessary to allow individual private wells and
private sewage treatment facilities so as to facilitate the orderly
growth of a particular development.
d. That the City is unable to provide capacity in its water or
sewer mains; or the petitioner is unable to secure sufficient capacity
of the Yorkville-Bristol Sanitary District Plant for disposal of sewage.
(Ord. 1988-2, 1-28-1988; amd. Ord. 2000-1, 1-27-2000)
B. Lots served by both public sewerage and water facilities shall have
an area of not less than twelve thousand (12,000) square feet and a
width at the building line of not less than eighty feet (80'). Density
shall not exceed three and three-tenths (3.3) dwelling units per each
acre.
C. All nonresidential principal uses of buildings as permitted in this
Article shall be located on a tract of land having an area of not less
than two (2) acres, except Municipal projects and developments.
D. Lot size for special uses shall not be less than two (2) acres. (Ord.
1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000)
10-6C-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
November 2000
City of Yorkville
10-6C-4 10-6C-6
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), or ten percent (10%), whichever is greater,
except where a side yard adjoins a street, the minimum width shall
be increased to thirty feet (30').
C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6C-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of a zoning lot may be covered by buildings or structures
including accessory buildings. (Ord. 2000-1, 1-27-2000)
10-6C-6: MAXIMUM BUILDING HEIGHT: Same regulations shall
apply as permitted or required in the R-1 One-Family
Residence District. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1,
1-27-2000)
November 2000
City of Yorkville
10-6D-1 10-6D-3
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE D. R-2 DUPLEX, TWO-FAMILY RESIDENCE DISTRICT
SECTION:
10-6D-1 : Uses Permitted
10-6D-2: Special Uses
10-6D-3: Lot Size And Allowable Density
10-6D-4: Yard Areas
10-6D-5: Lot Coverage
10-6D-6: Maximum Building Height
10-6D-1 : USES PERMITTED: The following uses are permitted:
Any permitted use in the R-2 One-Family Residence District.
Two-family semidetached dwellings (duplexes). (Ord. 2000-1, 1-27-2000)
10-6D-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any use permitted as a special use in the Estate District or the R-1 One-
Family Residence District, except that planned developments may be
considered where the zoning lot proposed for development has a gross
area of not less than ten (10) acres. (Ord. 2000-1, 1-27-2000)
10-6D-3: LOT SIZE AND ALLOWABLE DENSITY:
A. Lots with private wells and/or private sewage treatment facilities: one
and one-half W/O acres with a width at the building line not less
than one hundred fifty feet (150'). Density shall not exceed one and
three-tenths (1.3) dwelling units per acre. Private wells and/or private
November 2000
City of Yorkville
10-6D-3 10-6D-4
sewage treatment facilities may be used to serve a lot containing a
minimum of one and one-half (11/2) acres within the City limits and
within the one and one-half (1'/2) mile planning limits of said City,
only upon application and obtaining a special use from the City Plan
Commission and approved by the City Council. The standards for
approval of a special use permit shall be only upon:
1. A showing by the petitioner that an undue hardship exists to
establish a connection to the City water and/or sewer mains.
2. That no sewer or water lines exist within two hundred fifty feet
(250') of the proposed development of petitioner.
3. That due to unique size, terrain or character of the petitioner's
development, it is necessary to allow individual private wells and
private sewage treatment facilities so as to facilitate the orderly
growth of a particular development.
4. That the City is unable to provide capacity in its water or sewer
mains; or the petitioner is unable to secure sufficient capacity of the
Yorkville-Bristol Sanitary District plant for disposal of sewage.
B. Lots served by both public sewer and water facilities shall have an
area of not less than fifteen thousand (15,000) square feet and a
width at the building line of not less than one hundred feet (100').
Density shall not exceed four and eight-tenths (4.8) dwelling units
per each acre.
C. All nonresidential principal uses of buildings as permitted in this
Section shall be located on a tract of land having an area of not less
than two (2) acres, except Municipal projects and developments.
D. Lot size for special uses shall be specified in the special use permit
but shall not be less than two (2) acres. (Ord. 1990-18, 5-24-1990;
amd. Ord. 2000-1, 1-27-2000)
10-6D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10') or ten percent (10%), whichever is greater, except
November 2000
City of Yorkville
10-6D-4 10-6D-6
where a side yard adjoins a street, the minimum width shall be
increased to thirty feet (30').
C. Rear Yard: A rear yard of not less than thirty feet (30'). (Ord.
1990-18, 5-24-1990; amd. Ord. 2000-1, 1-27-2000)
10-6D-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of a zoning lot may be covered by buildings or structures
including accessory buildings. (Ord. 2000-1, 1-27-2000)
10-6D-6: MAXIMUM BUILDING HEIGHT: Same regulations shall
apply as permitted or required in the R-1 One-Family
Residence District. (Ord. 1990-18, 5-24-1990; amd. Ord. 2000-1,
1-27-2000)
November 2000
City of Yorkville
10-6E-1 10-6E-2
CHAPTER 6
RESIDENTIAL DISTRICTS
ARTICLE E. R-3 GENERAL RESIDENCE DISTRICT
SECTION:
10-6E- 1 : Uses Permitted
10-6E- 2: Special Uses
10-6E- 3: Lot Dimensions
10-6E- 4: Yard Areas
10-6E- 5: Lot Coverage
10-6E- 6: Maximum Building Height
10-6E- 7: Off-Street Parking And Loading
10-6E- 8: Water Supply And Sewage Disposal System
10-6E- 9: Minimum Floor Area Per Dwelling Unit
10-6E-10: Minimum Building Separations
10-6E-1 : USES PERMITTED: The following uses are permitted:
Any of the permitted uses in the R-2 Residence Districts.
Multiple-family dwellings.
Two-family detached dwellings. (Ord. 1973-56A, 3-28-1974; amd. Ord.,
11-20-1975; Ord. 2000-1, 1-27-2000)
10-6E-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
A. Allowed: Any of the special uses permitted in the R-2 Residence
Districts.
Boarding and lodging houses.
November 2000
City of Yorkville
10-6E-2 10-6E-4
Mobile home park, on a lot not less than ten (10) acres in area.
Tourist homes having not more than five (5) rooms for transient
guests. (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
B. Prohibited: Daycare centers. (Ord. 1995-20, 8-10-1995; amd. Ord.
2000-1 , 1-27-2000)
10-6E-3: LOT DIMENSIONS:
A. Lot Area Per Dwelling:
1. Allowable Density: Allowable density based upon the gross area
should not exceed five (5.0) dwelling units per acre (gross) and shall
have an area of not less than nine thousand (9,000) square feet.
(Ord. 1997-20, 8-14-1997; amd. Ord. 2000-1, 1-27-2000)
2. Nonresidential Principal Uses: All nonresidential principal uses
permitted in this Article shall be located on a lot having an area of
not less than fifteen thousand (15,000) square feet and a width of
not less than one hundred feet (100') at the building line.
3. Special Uses: Minimum lot size and dimensions shall be specified
with the granting of a special use permit, but shall not be less than
nine thousand (9,000) square feet.
B. Lot Width:
1. For single-family detached and two-family detached dwellings, not
less than seventy feet (70').
2. For single-family attached dwellings, not less than ninety feet
(90'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6E-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained:
A. For one- and two-family dwellings, the same regulations as required
in the R-2 Residence District for one-family dwellings.
B. For single-family attached dwellings:
1. Front Yard: Not less than thirty feet (30').
November 2000
City of Yorkville
10-6E-4 10-6E-9
2. Side Yards: Two (2) side yards, each not less than ten feet (10')
in width, except a side yard adjoining a street shall not be less than
twenty feet (20') in width. (Ord. 1973-56A, 3-28-1974; amd. Ord.
2000-1, 1-27-2000)
3. Rear Yard: Not less than thirty feet (30'). (Ord. 1973-56A,
3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000)
10-6E-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of a zoning lot may be covered by buildings or structures
including accessory buildings. (Ord. 2000-1, 1-27-2000)
10-6E-6: MAXIMUM BUILDING HEIGHT:
A. For single-family detached dwellings and permitted nonresidential
buildings and structures, the same regulations shall apply as
provided in the R-1 residence district. (Ord. 1973-56A, 3-28-1974;
amd. 1994 Code; Ord. 2000-1, 1-27-2000)
B. All other dwelling types, not more than three (3) stories or thirty five
feet (35'), whichever is lower. (Ord. 2003-36, 7-8-2003)
10-6E-7: OFF STREET PARKING AND LOADING: All in accordance
with regulations set forth in chapter 11 of this title. (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6E-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All
residential special uses permitted in this district shall be
served by an approved water and sanitary sewer system. (Ord. 1973-56A,
3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6E-9: MINIMUM FLOOR AREA PER DWELLING UNIT: A one
story structure shall have a minimum of one thousand two
hundred (1,200) square footage, and a two (2) story shall have a minimum
of one thousand four hundred (1,400) square feet of livable space excluding
the garage. (Ord. 1997-20, 8-14-1997; amd. Ord. 2000-1, 1-27-2000)
September 2003
City of Yorkville
10-6E-10 10-6E-10
10-6E-10: MINIMUM BUILDING SEPARATIONS: The following shall
be maintained as a minimum (and should be exclusive of
required roadway setbacks):
Side to side 20 feet
Side to rear 40 feet
Rear to rear 60 feet
Front to side 50 feet
Front to front 50 feet
Rear to front 100 feet
Each building should have a maximum of six (6) dwelling units.
A. Building Standards: Any owner of property zoned R-3 general
residence district as of the date of this ordinance, existing within the
boundaries of the city, may rely and build on that property, based on
the minimum lot area standards of the previous R-3 ordinance, for
two (2) years following the enactment of this ordinance, except in the
case of any currently zoned property affected by this ordinance that
does not currently have city sanitary sewer service available. In the
event any currently zoned real property does not have sanitary
sewer service currently available, the two (2) year period for
compliance with the earlier ordinance shall expire two (2) years from
the date of notification in writing, to the respective property owners
affected without current sanitary sewer service, by the city
administrator that sanitary sewer service has now become available
for any affected property. Thereafter, those properties must conform
to the new standards set forth in this ordinance. (Ord. 1997-20,
8-14-1997; amd. Ord. 2000-1, 1-27-2000)
September 2003
City of Yorkville
10-6F-1 10-6F-3
CHAPTER
RESIDENTIAL DISTRICTS
ARTICLE F. R-4 GENERAL RESIDENCE DISTRICT
SECTION:
10-6F-1 : Uses Permitted
10-6F-2: Special Uses
10-6F-3: Lot Dimensions
10-617-4: Yard Areas
10-617-5: Lot Coverage
10-6F-6: Maximum Building Height
10-617-7: Off-Street Parking And Loading
10-6F-8: Water Supply And Sewage Disposal System
10-6F-1 : USES PERMITTED: The following uses are permitted:
Any of the permitted uses in the R-3 Residence District.
Multiple-family dwellings. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code;
Ord. 2000-1, 1-27-2000)
10-6F-2: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any of the special uses permitted in the R-3 Residence District. (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-617-3: LOT DIMENSIONS:
A. Lot Area Per Dwelling:
1. Single-Family Dwellings: All single-family dwellings included in the
R-4 Residence District shall conform to the regulations in the R-3
November 2000
City of Yorkville
10-6F-3 10-6F-3
Residence District. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code;
Ord. 2000-1, 1-27-2000)
2. Multi-Family Structures: All multi-family structures shall be located
on a lot which provides the following minimum land area per dwelling
unit:
Type Of Minimum Lot
Dwelling Unit Area Per Dwelling
4 bedroom and over 5,000 square feet
3 bedroom 4,500 square feet
2 bedroom 4,000 square feet
1 bedroom 3,500 square feet
Efficiency 2,500 square feet
For the purpose of determining lot area any room other than a living
room, dining room, kitchen or bath shall be counted as a bedroom.
3. Minimum Lot Area; Density: A lot shall not be less than fifteen
thousand (15,000) square feet in area, and the allowable density
based upon the gross area shall not exceed eight (8) dwelling units
per acre (gross). (Ord. 1997-21, 8-14-1997; amd. Ord. 2000-1,
1-27-2000)
4. Nonresidential Principal Uses: All nonresidential principal uses
permitted in this Article shall be located on a lot having an area of
not less than fifteen thousand (15,000) square feet and with a width
of not less than one hundred feet (100') at the building line.
5. Special Uses: Minimum lot size and dimensions shall be specified
with the granting of a special use permit, but shall not be less than
nine thousand (9,000) square feet.
B. Lot Width:
1. For any use permitted in the R-3 Residence District, the same
regulations shall apply.
2. Multiple-family dwellings not less than ninety feet (90'). (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
C. Building Standards: Any owner of property zoned R-4 General
Residence District as of the date of this Ordinance, existing within
the boundaries of the City, may rely and build on that property,
November 2000
City of Yorkville
10-6F-3 10-617-5
based on the minimum lot area standards of the previous R-4
ordinance, for two (2) years following the enactment of this
Ordinance; except in the case of any currently zoned property
affected by this Ordinance that does not currently have City sanitary
sewer service available. In the event any currently zoned real
property does not have sanitary sewer service currently available,
the two (2) year period for compliance with the earlier ordinance
shall expire two (2) years from the date of notification in writing, to
the respective property owners affected without current sanitary
sewer service, by the City Administrator that sanitary sewer service
has now become available for any affected property. Thereafter,
those properties must conform to the new standards set forth in this
Ordinance. (Ord. 1997-21, 8-14-1997; amd. Ord. 2000-1, 1-27-2000)
10-6F-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained: (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
A. For all dwellings permitted in the R-4 Residence District, the same
regulations as required in the R-3 Residence District. (Ord.
1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1, 1-27-2000)
B. For multiple-family dwellings:
1. Front Yard: Not less than thirty feet (30');
2. Side Yards: Two (2) side yards, each twelve feet (12') in width; or,
a side yard of sixty percent (60%) of the building height (whichever
is greater), except a side yard adjoining a street shall not be less
than twenty feet (20') in width.
3. Rear Yard: Rear yard not less than forty feet (40') in depth. (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6F-5: LOT COVERAGE: Not more than thirty percent (30%) of the
area of the zoning lot may be occupied by buildings and
structures including accessory buildings. (Ord. 2000-1, 1-27-2000)
November 2000
City of Yorkville
10-6F-6 10-6F-8
10-6F-6: MAXIMUM BUILDING HEIGHT:
A. For all dwellings and permitted nonresidential buildings and
structures permitted in the R-4 Residence District, the same
regulations shall apply as provided in the R-3 Residence District.
(Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 2000-1,
1-27-2000)
B. All other dwelling types, not more than three (3) stories or thirty five
feet (35'), whichever is lower. (Ord. 1973-56A, 3-28-1974; amd. Ord.
2000-1 , 1-27-2000)
10-6F-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974; amd. Ord. 2000-1, 1-27-2000)
10-6F-8: WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM: All
residential special uses permitted in this District shall be
served by an approved water and sanitary sewer system. (Ord. 1973-56A,
3-28-1974; amd. Ord. 2000-1, 1-27-2000)
November 2000
City of Yorkville
10-7A-1 10-7A-1
CHAPTER
BUSINESS DISTRICTS
ARTICLE A. O OFFICE DISTRICT
SECTION:
10-7A-1: Uses Permitted
10-7A-2: Special Uses
10-7A-3: Lot Area
10-7A-4: Yard Areas
10-7A-5: Lot Coverage
10-7A-6: Maximum Building Height
10-7A-7: Off-Street Parking and Loading
10-7A-1: USES PERMITTED:
Advertising agency.
Bank.
Barber shop.
Beauty shop.
Bookkeeping service.
Club - private indoor.
Coffee shop.
College, university or junior college.
Commercial school, trade school - offering training in classroom study.
Credit union.
City of Yorkville
10-7A-1 10-7A-1
Detective agency.
Employment office.
Engineering office.
Government office.
Income tax service.
Insurance office.
Library.
Manufacturing agent's office.
Medical clinic.
Park.
Professional offices.
Public accountant.
Real estate office.
Savings and loan association.
Stenographic service.
Stock broker.
Telegraph office.
Ticket office.
Title company.
Travel agency.
Utility office. (Ord. 1973-56A, 3-28-74).
City of Yorkville
10-7A-2 10-7A-7
10-7A-2: SPECIAL USES:
Daycare centers.
Planned developments.
Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20,
8-10-1995)
10-7A-3: LOT AREA: No lot shall have an area less than twenty
thousand (20,000) square feet. (Ord. 1973-56A, 3-28-1974)
10-7A-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), except where a side yard adjoins a street, the
minimum width shall be increased to twenty feet (20').
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-1974)
10-7A-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-7A-1 10-7A-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE A. O OFFICE DISTRICT
SECTION:
10-7A-1: Uses Permitted
10-7A-2: Special Uses
10-7A-3: Lot Area
10-7A-4: Yard Areas
10-7A-5: Lot Coverage
10-7A-6: Maximum Building Height
10-7A-7: Off-Street Parking and Loading
10-7A-1: USES PERMITTED:
Advertising agency.
Bank.
Barber shop.
Beauty shop.
Bookkeeping service.
Club - private indoor.
Coffee shop.
College, university or junior college.
Commercial school, trade school - offering training in classroom study.
Credit union.
City of Yorkville
10-7A-1 10-7A-1
Detective agency.
Employment office.
Engineering office.
Government office.
Income tax service.
Insurance office.
Library.
Manufacturing agent's office.
Medical clinic.
Park.
Professional offices.
Public accountant.
Real estate office.
Savings and loan association.
Stenographic service.
Stock broker.
Telegraph office.
Ticket office.
Title company.
Travel agency.
Utility office. (Ord. 1973-56A, 3-28-74).
City of Yorkville
10-7A-2 10-7A-7
10-7A-2: SPECIAL USES:
Daycare centers.
Planned developments.
Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20,
8-10-1995)
10-7A-3: LOT AREA: No lot shall have an area less than twenty
thousand (20,000) square feet. (Ord. 1973-56A, 3-28-1974)
10-7A-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), except where a side yard adjoins a street, the
minimum width shall be increased to twenty feet (20').
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories. (Ord. 2003-24, 4-8-2003)
10-7A-7: OFF STREET PARKING AND LOADING: All in accordance
with regulations set forth in chapter 11 of this title. (Ord.
1973-56A, 3-28-1974)
September 2003
City of Yorkville
10-713-1 10-76-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE B. B-1 LIMITED BUSINESS DISTRICT
SECTION:
10-76-1 : Uses Permitted
10-713-2: Special Uses
10-713-3: Lot Area
10-713-4: Yard Areas
10-76-5: Lot Coverage
10-76-6: Maximum Building Height
10-713-7: Off Street Parking And Loading
10-76-8: Single-Family Apartments In Business Buildings
10-713-1 : USES PERMITTED:
All uses permitted in the O district.
Antique sales.
Apartments, single-family, located in business buildings'.
Bakery - retail.
Barbershop.
Beauty shop.
Bookstore.
Cafeteria (diner).
Camera shop.
1. See section 10-76-8 of this article.
September 2003
City of Yorkville
10-713-1 10-713-1
Church or other place of worship.
Cigar, cigarette and tobacco store.
Clothes - pressing and repair.
Club - private indoor.
Club - private outdoor.
Community center.
Dressmaker - seamstress.
Drugstore.
Florist sales.
Fruit and vegetable market - retail.
Gift shop.
Grocery store - supermarket.
Gymnasium.
Health food store.
Hobby shop.
Hospital (general).
Hospital or treatment center.
Household furnishing shop.
Ice cream shop.
Jewelry - retail.
Laundry, cleaning and dyeing - retail.
Library.
Magazine and newsstand.
September 2003
City of Yorkville
10-713-1 10-71B-2
Meat market.
Medical clinic.
Mortuary - funeral home.
Park.
Photography studio.
Playground.
Post office.
Professional building.
Recreation center.
Restaurant.
Shoe and hat repair.
Substation.
Swimming pool - indoor.
Tennis club - private or daily fee.
Trailer. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code; Ord. 1994-1A,
2-10-1994; Ord. 2003-41, 7-22-2003)
10-713-2: SPECIAL USES:
A. Allowed:
All special uses permitted in O district.
Liquor store.
Tavern - nightclub. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1978-10,
9-28-1978)
B. Prohibited:
Daycare centers. (Ord. 1995-20, 8-10-1995)
September 2003
City of Yorkville
10-76-3 10-713-5
10-713-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1973-56A, 3-28-1974)
10-7B-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than thirty feet (30'). (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-1 district of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-1 zoning
district within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum side yard of not less than
twenty feet (20') shall be required.
2. The zoning board of appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-1 district if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less than twenty feet (20') shall
be required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 one-family
residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
10-713-5: LOT COVERAGE: Not more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
September 2003
City of Yorkville
10-713-6 10-713-8
10-713-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-1974)
10-713-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
10-713-8: SINGLE-FAMILY APARTMENTS IN BUSINESS BUILD-
INGS:
A. Buildings To Comply With BOCA Code: Apartments may be on any
floor of a business building, in conformance with BOCA Code.
B. Containment Within Business Building: Said apartment must be
contained in the business building and not exist separate and apart
from the building.
C. Number Of Apartments: In the case of a business which contained
more than one apartment on a second floor above a first floor
business, said business is allowed to have two (2) apartments
maximum.
D. Conflicting Provisions Repealed:
1. Any and all zoning ordinances which prohibit apartments in
property zoned for business are hereby specifically revoked.
2. This amendment shall replace any ordinance which prohibits
apartments in property zoned for business. (Ord. 1994-1A,
2-10-1994)
January 2000
City of Yorkville
10-7C-1 10-7C-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE C. B-2 GENERAL BUSINESS DISTRICT
SECTION:
10-7C-1: Uses Permitted
10-7C-2: Special Uses
10-7C-3: Lot Area
10-7C-4: Yard Areas
10-7C-5: Lot Coverage
10-7C-6: Maximum Building Height
10-7C-7: Off-Street Parking and Loading
10-7C-1: USES PERMITTED:
All uses permitted in the O and B-1 Districts.
Appliances - sales.
Army/Navy surplus sales.
Art gallery - art studio sales.
Art supply store.
Auditorium.
Automatic food service.
Automobile accessory store.
Automobile rental.
Bicycle shop.
City of Yorkville
10-7C-1 10-7C-1
Billiard parlor.
Blueprint and photostat shop.
Bowling alley.
Carry-out food service.
Catalog sales office.
Clothing store - all types.
Dance hall.
Department store.
Discount store.
Drygoods store - retail.
Floor covering sales.
Furniture sales - new/used.
Hardware store.
Health club or gymnasium.
Hotel.
Interior decorating studio.
Junior department store.
Leather goods.
Locksmith.
Motel.
Music, instrument and record store.
Newspaper publishing.
Office equipment and supply sales.
City of Yorkville
10-7C-1 10-7C-2
Paint/wallpaper store.
Pawnshop.
Personal loan agency.
Pet store.
Picture frame store.
Radio and television studios.
Reducing salon, masseur and steam bath.
Sporting goods.
Stationery.
Taxidermist.
Theater.
Toy store.
Typewriter - sales and repair.
Variety store.
Watch and clock sales and repair.
Weaving and mending - custom. (Ord. 1973-56A, 3-28-1974; amd. 1994
Code)
10-7C-2: SPECIAL USES:
All special uses permitted in the B-1 District.
Apartments, single-family, located in business buildings'.
Gasoline service station.
1. See Section 10-7B-8 of this Chapter.
January 2000
City of Yorkville
10-7C-2 10-7C-4
Marina. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-1 A, 2-10-1994)
10-7C-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-7C-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: No minimum front yard shall be required. (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-2 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-2 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum side yard of not less than thirty
feet (30') shall be required.
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-2 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less than thirty feet (30') shall
be required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
January 2000
City of Yorkville
10-7C-5 10-7C-7
10-7C-5: LOT COVERAGE: Not more than eighty percent (80%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7C-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories. (Ord. 1973-56A, 3-28-1974)
10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-7D-1 10-7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
January 2000
City of Yorkville
10-7D-1 10-7D-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-warehouse storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
10-7D-1 10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord.
1995-20, 8-10-1995)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-7D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
January 2000
City of Yorkville
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
E. Parking Lot Setback Requirements:
1. Arterial Roadways: When a parking lot located in the B-3 Zoning
District is located next to an arterial roadway, as defined in the City's
Comprehensive Plan, a twenty foot (20') setback from the property
line is required.
2. Nonarterial Roadways: When a parking lot located in the B-3
Zoning District is located next to a nonarterial roadway, as defined in
the City's Comprehensive Plan, a ten foot (10') setback from the
property line is required. (Ord. 1998-32, 11-5-1998)
10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-7E-1 10-7E-2
CHAPTER
BUSINESS DISTRICTS
ARTICLE E. B-4 BUSINESS DISTRICT
SECTION:
10-7E-1: Uses Permitted
10-7E-2: Special Uses
10-7E-3: Lot Area
10-7E-4: Yard Areas
10-7E-5: Lot Coverage
10-7E-6: Maximum Building Height
10-7E-7: Off-Street Parking And Loading
10-7E-1: USES PERMITTED:
All uses permitted in the B-3 District.
Auction house.
Garage - bus or truck.
Utility company maintenance yard.
Utility service yard or garage. (Ord. 1986-1, 1-9-1986; amd. 1994 Code;
Ord. 1998-21, 6-25-1998)
10-7E-2: SPECIAL USES:
A. Allowed:
All uses permitted in the B-3 District. (1994 Code)
B. Prohibited:
Daycare centers.
January 2000
City of Yorkville
10-7E-2 10-7E-7
Stadiums. (Ord. 1995-19, 8-10-1995; amd. Ord. 1995-20, 8-10-1995)
10-7E-3: LOT AREA: Same as in the B-3 District. (Ord. 1986-1,
1-9-1986)
10-7E-4: YARD AREAS: Same as in the B-3 District. (Ord. 1986-1,
1-9-1986)
10-7E-5: LOT COVERAGE: Same as in the B-3 District. (Ord. 1986-1,
1-9-1986)
10-7E-6: MAXIMUM BUILDING HEIGHT: Same as in the B-3 District.
(Ord. 1986-1, 1-9-1986)
10-7E-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1986-1, 1-9-1986)
January 2000
City of Yorkville
10-8-1 10-8-1-1
CHAPTER
MANUFACTURING DISTRICTS
SECTION:
10-8-1: Performance Standards
10-8-1-1: Noise and Vibration
10-8-1-2: Smoke
10-8-1-3: Odor
10-8-1-4: Toxic Matter
10-8-1-5: Fire and Explosive Hazards
10-8-1-6: Glare
10-8-1: PERFORMANCE STANDARDS: Any use established in a
manufacturing district after the effective date hereof shall be
so operated as to comply with the performance standards set forth
hereinafter for the district in which such use shall be located. No use
lawfully established on the effective date hereof shall be so altered or
modified as to conflict with, or further conflict with, the performance
standards established for the district in which such use is located. (Ord.
1973-56A, 3-28-74)
10-8-1-1: NOISE AND VIBRATION:
A. Noise: Noise shall be measured at any adjacent lot line and/or
district boundary, as indicated in Table 1 of subsection C hereinafter.
At the specified points of measurement, the sound pressure level of
any activity or operation (except those not under the direct control of
the industrial use, such as transportation facilities) shall not exceed
the values tabulated in Tables 1, 2, 3 and 4 of subsection C
hereinafter between the hours of seven o'clock (7:00) A.M. and
seven o'clock (7:00) P.M. The instruments used for these
measurements shall conform to all current American National
Standards Institute specifications. Impact noises are those whose
peak values are more than three (3) dB higher on the fast response
than the r.m.s. values indicated on the sound level meter.
City of Yorkville
10-8-1-1 10-8-1-1
B. Vibration: Vibration shall be measured at any adjacent lot line and/or
district boundary as indicated in Table 4 of subsection C of this
Section. At the specified points of measurements, the vibration shall
not exceed the limits listed in Table 5 of subsection C hereof. The
instrument used for these measurements shall be a three-component
recording system.
C. Tables:
TABLE 1 Reference
Commercial Residential
Manufacturing Adjacent District District
District Lot Line Boundary Boundary
M-1 A --- B
M-2 --- A C
Between the hours of seven o'clock (7:00) P.M. and seven o'clock
(7:00) A.M., the permissible sound levels across residential district
boundaries shall be reduced by five (5) dB in each octave band, or
in the overall band for impact noises.
TABLE 2 Maximum Permitted Sound Levels Preferred Frequency
Octave Bands
Preferred Center
Frequency
Cycles/Second A B C
31.5 88 83 86
63 79 71 75
125 69 59 64
250 62 52 57
500 58 47 53
1,000 54 44 49
2,000 51 40 46
4,000 49 37 44
8,000 47 35 41
Measurement of the sound levels may also be made using an
A-weighted scale sound level meter. The levels in Table 2 shall be
considered to have been met if the A-weighted levels are not greater
than the following:
City of Yorkville
10-8-1-1 10-8-1-1
TABLE 3 Maximum Permitted Sound Levels dB(A) for Screening
Purposes
Required Level Sound Level, dB(A)
A 60
B 50
C 55
TABLE 4 Reference
Commercial Residential
Manufacturing Adjacent District District
District Lot Line Boundary Boundary
M-1 A --- B
M-2 --- A B
Particle velocity as specified in Table 5 may be measured directly, or
if computed on the basis of displacement and frequency,
measurements shall be computed from the formula 6.28 FD, where F
is the frequency of the vibration in cycles per second and D is the
single amplitude displacement of the vibration in inches.
TABLE 5 Maximum Permissible Particle Velocity of the Ground
Vibration
Particle Velocity
Steady State Impact
Applicable Limit Inches/Second Inches/Sound
A 0.10 0.20
B 0.02 0.24
The maximum particle velocity shall be the vector sum of three (3)
simultaneous mutually perpendicular components recorded.
C For the purpose of this Title, steady state vibrations
are vibrations which are continuous, or vibrations in
discrete impulses more frequent than 100 per minute.
Discrete impulses which do not exceed 100 per minute
shall be considered impact vibrations. (Ord. 1973-56A,
3-28-74)
City of Yorkville
10-8-1-2 10-8-1-3
10-8-1-2: SMOKE:
A. General Provisions:
1. For the purpose of grading the density or equivalent capacity of
smoke, the Ringelmann Chart described in the U.S. Bureau of Mines
Information Circular 8333 shall be employed. The emission of smoke
or particulate matter of a density or equivalent greater than No. 2 or
its equivalent on the Ringelmann Chart is prohibited at all times
except as otherwise provided hereinafter. (Ord. 1973-56A, 3-28-74;
1994 Code)
2. Dust and other types of air pollution borne by the wind from such
sources as storage areas, yards, roads and the like within lot
boundaries shall be kept to a minimum by appropriate landscaping,
paving, oiling, fencing, wetting or other acceptable means.
3. The open burning of refuse, paint, oil, debris and any other
combustible material is prohibited in all industrial districts.
4. Particulate matter loadings in pounds per acre described below
shall be determined by selecting a continuous four (4) hour period
which will result in the highest average emission rate.
B. Requirements in M-1 District: The emission of smoke having a
density or equivalent opacity in excess of Ringelmann No. 0 is
prohibited. However, for two (2) minutes in any four (4) hour period,
smoke up to and including Ringelmann No. 2 shall be permitted. The
rate of emission of particulate matter from all vents and stacks within
the boundaries of any lot shall not exceed two-tenths (0.2) of a
pound per acre of lot area per hour.
C. Requirements in M-2 District: The emission of smoke having a
density or equivalent opacity in excess of Ringelmann No. 1 is
prohibited. However, smoke up to and including Ringelmann No. 2
shall be permitted. The rate of emission of particulate matter from all
stacks and vents within the boundaries of any lot shall not exceed
one pound per acre of lot area per hour. (Ord. 1973-56A, 3-28-74)
10-8-1-3: ODOR:
A. General Provisions:
City of Yorkville
10-8-1-3 10-8-1-5
1. The release of materials capable of becoming odorous either by
bacterial decomposition or chemical reaction shall meet the
standards of the district in which the odor is created.
2. Odor thresholds shall be determined in accordance with ASTM D
1391-57, "Standard Method for Measurement of Odor in Atmos-
pheres (Dilution Method)" or its equivalent.
B. Requirements in M-1 District: In the M-1 District, odorous materials
released from any operation or activity shall not exceed the odor
threshold concentration beyond the lot line, measured either at
ground level or habitable elevation.
C. Requirements in M-2 District: In the M-2 District, odorous materials
released from any operation or activity shall not exceed the odor
threshold concentration beyond the district boundary line, measured
either at ground level or habitable elevation. (Ord. 1973-56A,
3-28-74)
10-8-1-4: TOXIC MATTER:
A. General Provisions: The measurement of toxic matter shall be at
ground level or habitable elevation and shall be the average of any
twenty four (24) hour sampling period. The release of any airborne
toxic matter shall not exceed the fractional quantities permitted of
those toxic materials currently listed in threshold limit values adopted
by the American Conference of Governmental Industrial Hygienists.
If a toxic substance is not contained in this listing, the applicant shall
satisfy the City that the proposed levels will be safe to the general
population.
B. Requirements in M-1 District: In the M-1 District, the release of
airborne toxic matter shall not exceed two and one-half percent
(2'/2%) of the threshold limit value across district boundary lines.
(Ord. 1973-56A, 3-28-74)
10-8-1-5: FIRE AND EXPLOSIVE HAZARDS:
A. Detonable Materials: Activities involving the storage, utilization or
manufacture of materials or products which decompose by
detonation shall be in accordance with the regulations of each
manufacturing district. Such materials shall include, but are not
limited to: all primary explosives such as lead azide, lead styphnate,
City of Yorkville
10-8-1-5 10-8-1-5
fulminates, and tetracene; all high explosives such as TNT, RDX,
HMX, PETN and picric acid; propellants and components thereof,
such as dry nitro-cellulose, black powder, baron hydrides, hydrazine
and its derivatives; pyrotechnics and fireworks such as magnesium
powder, potassium chloride and potassium nitrate; blasting
explosives such as dynamite and nitroglycerine, unstable organic
compounds such as acetylides, tetrazoles and ozonides; unstable
oxidizing agents such as perchloric acid, perchlorates and hydrogen
peroxide in concentrations greater than thirty five percent (35%); and
nuclear fuels, fissionable materials and products, reactor elements
such as Uranium 235 and Plutonium 239.
1. Requirements in M-1 District: In the M-1 District, the storage,
utilization or manufacture of materials or products which decompose
by detonation is limited to five (5) pounds per use.
2. Requirements in M-2 District: In the M-2 District, the storage,
utilization or manufacture of materials or products which decompose
by detonation is limited to five (5) pounds.
B. Fire Hazard Solids:
1. Requirements in M-1 District: In the M-1 District, the storage,
utilization or manufacture of solid materials which are active to
intense burning shall be conducted within spaces having fire
resistive construction of not less than two (2) hours and protected
with an automatic fire extinguishing system. Outdoor storage of such
materials shall be not closer than forty feet (40') from lot lines.
2. Requirements in M-2 District: In the M-2 District, the storage,
utilization or manufacture of solid materials which are active to
intense burning shall be conducted within spaces having fire
resistive construction of no less than two (2) hours and protected
with an automatic fire extinguishing system. Outdoor storage of such
materials shall be no closer than forty feet (40') from lot lines.
C. Fire Hazard Liquids and Gases:
1. The storage, utilization or manufacture of flammable liquids or
gases which produce flammable or explosive vapors shall be
permitted only in accordance with this subsection, exclusive of the
storage of finished products in original sealed containers (55 gallons
or less), which shall be unrestricted.
City of Yorkville
10-8-1-5 10-8-1-6
2. The total storage capacity of flammable liquids and gases shall
not exceed those quantities permitted in the following table for each
of the industrial districts:
STORAGE CAPACITY OF FLAMMABLE LIQUIDS AND GASES
LIQUIDS GASES
Above Ground Below Ground
Flash Point° Flash Point°
Less than Less than Above Below
125 125-300 125 125-300 Ground Ground
M-1 5,000 gal. 20,000 gal. 10,000 gal. 40,000 gal. 150,000 SCF 300,000 SCF
M-2 50,000 gal. 100,000 gal. 20,000 gal. 80,000 gal. 1.5x108 SCF 3x108 SCF
The storage of flammable liquids having a flash point of 300°
Fahrenheit or higher may be permitted without restriction in all
manufacturing districts, subject to other requirements for the district.
(Ord. 1973-56A, 3-28-74)
10-8-1-6: GLARE: In all manufacturing districts, any operation or
activity producing glare shall be conducted so that direct or
indirect light from the source shall not cause illumination in excess of five
tenths (0.5) foot-candle when measured in a residential district. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-8A-1 10-8A-1
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE A. M-1 LIMITED MANUFACTURING DISTRICT
SECTION:
10-8A-1 : Uses Permitted
10-8A-2: Conditions Of Permitted Uses
10-8A-3: Special Uses
10-8A-4: Yard Areas
10-8A-5: Lot Coverage
10-8A-6: Floor Area Ratio
10-8A-1: USES PERMITTED: The following uses are permitted:
A. Production, processing, cleaning, testing or repair, limited to the
following uses and products:
Advertising displays.
Apparel and other products manufactured from textiles.
Art needlework and hand weaving.
Automobile painting, upholstering, repairing, reconditioning and body
and fender repairing, when done within the confines of a structure.
Awnings, venetian blinds.
Bakeries.
Beverages - nonalcoholic.
Books - hand binding and tooling.
Bottling works.
March 2003
City of Yorkville
10-8A-1 10-8A-1
Brushes and brooms.
Cameras and other photographic equipment and supplies.
Canning and preserving.
Canvas and canvas products.
Carpet and rug cleaning.
Ceramic products - such as pottery and small glazed tile.
Cleaning and dyeing establishments when employing facilities for
handling more than one thousand five hundred (1,500) pounds of dry
goods per day.
Clothing.
Cosmetics and toiletries.
Creameries and dairies.
Dentures.
Drugs.
Electrical appliances, such as lighting fixtures, irons, fans, toasters
and electric toys.
Electrical equipment assembly, such as home radio and television
receivers and home movie equipment, but not including electrical
machinery.
Electrical supplies, manufacturing and assembly of such wire and
cable assembly switches, lamps, insulation and dry cell batteries.
Food products, processing and combining of (except meat and fish) -
baking, boiling, canning, cooking, dehydrating, freezing, frying,
grinding, mixing and pressing.
Fur goods, not including tanning and dyeing.
Glass products from previously manufactured glass.
Hair, felt and feather products (except washing, curing and dyeing).
March 2003
City of Yorkville
10-8A-1 10-8A-1
Hat bodies of fur and wool felt.
Heavy machinery and equipment rental business.
Hosiery.
House trailers, manufacture.
Ice, natural.
Ink mixing and packaging and inked ribbons.
Jewelry.
Laboratories - medical, dental, research, experimental, and testing -
provided there is no danger from fire or explosion nor offensive
noise, vibration, smoke, dust, odors, heat, glare or other
objectionable influences.
Laundries.
Leather products, including shoes and machine belting, but not
including tanning and dyeing.
Luggage.
Machine shops for tool, die and pattern making.
Metal finishing, plating, grinding, sharpening, polishing, cleaning,
rustproofing and heat treatment.
Metal stamping and extrusion of small products, such as costume
jewelry, pins and needles, razor blades, bottle caps, buttons and
kitchen utensils.
Musical instruments.
Orthopedic and medical appliances, such as artificial limbs, braces,
supports and stretchers.
Paper products, small, such as envelopes and stationery, bags,
boxes, tubes and wallpaper printing.
Perfumes and cosmetics.
March 2003
City of Yorkville
10-8A-1 10-8A-1
Pharmaceutical products.
Plastic products, but not including the manufacturing of the raw
materials.
Precision instruments - such as optical, medical and drafting.
Printing and newspaper publishing, including engraving, photo-
engraving.
Products from finished materials - plastic, bone, cork, feathers, felt,
fiber, copper, fur, glass, hair, horn, leather, precious and semi-
precious stones, rubber, shell or yarn.
Public utility electric substations and distribution centers, gas
regulations centers and underground gas holder stations.
Repair of household or office machinery or equipment.
Rubber products, small, and synthetic treated fabrics (excluding all
rubber and synthetic processing), such as washers, gloves,
footwear, bathing caps and atomizers.
Signs, as regulated by chapter 12 of this title.
Silverware, plate and sterling.
Soap and detergents, packaging only.
Soldering and welding.
Sporting and athletic equipment, such as balls, baskets, cues,
gloves, bats, racquets and rods.
Statuary, mannequins, figurines and religious and church art goods,
excluding foundry operations.
Storage and sale of trailers, farm implements and other similar
equipment on an open lot.
Storage of flammable liquids, fats or oil in tanks each of fifteen
thousand (15,000) gallons or less capacity, but only after the
locations and protective measures have been approved by local
governing officials.
March 2003
City of Yorkville
10-8A-1 10-8A-1
Storage of household goods.
Textiles - spinning, weaving, manufacturing, dyeing, printing, knit
goods, yarn, thread and cordage, but not including textile bleaching.
Tool and die shops.
Tools and hardware, such as bolts, nuts and screws, doorknobs,
drills, handtools and cutlery, hinges, house hardware, locks,
nonferrous metal castings and plumbing appliances.
Toys.
Truck, truck tractor, truck trailer, car trailer or bus storage yard,
when all equipment is in operable condition, but not including a truck
or motor freight terminal, which are treated under section 10-8-1 of
this chapter.
Umbrellas.
Upholstering (bulk), including mattress manufacturing, rebuilding and
renovating.
Vehicles, children's; such as bicycles, scooters, wagons and baby
carriages.
Watches.
Wood products, such as furniture, boxes, crates, baskets and pencils
and cooperage works.
Any other manufacturing establishment that can be operated in
compliance with the performance standards of section 10-8-1 of this
chapter without creating objectionable noise, odor, dust, smoke, gas,
fumes or vapor; and that is a use compatible with the use and
occupancy of adjoining properties. (Ord. 1973-56A, 3-28-1974; amd.
Ord. 2003-10, 1-14-2003; Ord. 2003-11, 1-14-2003)
B. Wholesaling and warehousing:
Local cartage express facilities (but not including motor freight
terminals).
March 2003
City of Yorkville
10-8A-1 10-8A-1
C. Public and community service uses as follows:
Bus terminals, bus garages, bus lots, street railway terminals or
streetcar houses.
Electric substations.
Fire stations.
Municipal or privately owned recreation buildings or community
centers.
Parks and recreation areas.
Police stations.
Sewage treatment plants.
Telephone exchanges.
Water filtration plants.
Water pumping stations.
Water reservoirs.
D. Residential uses as follows:
Dwelling units for watchmen and their families when located on the
premises where they are employed in such capacity.
E. Miscellaneous uses as follows:
Accessory uses.
Radio and television towers.
Temporary buildings for construction purposes for a period not to
exceed the duration of such construction.
F. Off street parking and loading as permitted or required in chapter 11
of this title. (Ord. 1973-56A, 3-28-1974)
March 2003
City of Yorkville
10-8A-2 10-8A-3
10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
A. Any production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in section 10-8-1 of this chapter.
B. All business, production, servicing and processing shall take place
within completely enclosed buildings unless otherwise specified.
Within one hundred fifty feet (150') of a residence district, all storage
shall be in completely enclosed buildings or structures, and storage
located elsewhere in this district may be open to the sky but shall be
enclosed by solid walls or fences (including solid doors or gates
thereto) at least eight feet (8') high, but in no case lower in height
than the enclosed storage and suitably landscaped.
However, open off street loading facilities and open off street parking
of motor vehicles under one and one-half (11/2) tons capacity may be
unenclosed throughout the district, except for such screening of
parking and loading facilities as may be required under the
provisions of chapter 11 of this title.
C. Uses established on the effective date hereof and by its provisions
are rendered nonconforming, shall be permitted to continue subject
to the regulations of chapter 10 of this title.
D. Uses established after the effective date hereof shall conform fully to
the performance standards set forth in section 10-8-1 of this chapter.
(Ord. 1956-A, 3-28-1974)
10-8A-3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
section 10-14-6 of this title:
Any use which may be allowed as a special use in the B-3 business district.
Any use permitted in the M-2 general manufacturing district.
Airport or aircraft landing fields.
Building equipment, building materials, lumber, coal, sand and gravel yards,
and yards for contracting equipment of public agencies, or public utilities, or
materials or equipment of similar nature, ready mix batch plants, and
asphalt manufacturing plants.
March 2003
City of Yorkville
10-8A-3 10-8A-6
Meat products.
Motor freight terminals.
Planned developments, industrial.
Sanitary landfill.
Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-1974; amd. 1994
Code; Ord. 2003-10, 1-14-2003)
10-8A-4: YARD AREAS: No building or structure shall hereafter be
erected or structurally altered unless the following yards are
provided and maintained in connection with such building:
A. Front Yard: On every zoning lot, a front yard of not less than twenty
five feet (25') in depth shall be provided. However, where lots within
the same block and comprising forty percent (40%) of the frontage
on the same street are already developed on the effective date
hereof with front yards with an average depth of less than twenty five
feet (25'), then such average depth shall be the required front yard
depth for such frontage in said block.
B. Side Yards: On every zoning lot, a side yard shall be provided along
each side lot line. Each side yard shall be not less in width than ten
percent (10%) of the lot width, but need not exceed twenty feet (20')
in width. (Ord. 1973-56A, 3-28-1974)
10-8A-5: LOT COVERAGE: Not more than sixty percent (60%) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A,
3-28-1974)
March 2003
City of Yorkville
10-813-1 10-813-2
CHAPTER 8
MANUFACTURING DISTRICTS
ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT
SECTION:
10-813-1: Uses Permitted
10-813-2: Conditions of Permitted Uses
10-813-3: Special Uses
10-813-4: Yard Areas
10-88-5: Lot Coverage
10-813-6: Floor Area Ratio
10-813-7: Signs
10-813-1: USES PERMITTED: The following uses are permitted:
Any use permitted in the M-1 District.
Any production, processing, cleaning, servicing, testing, repair or storage of
materials, goods or products which conforms to the performance standards
established for this District'.
Cement block manufacture.
Contractor or construction such as: building, cement, electrical,
refrigeration, masonry building, plumbing, roofing, air conditioning, heating
and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable
products limited to twelve thousand (12,000) gallons per tank, with a total
storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord.
1973-56A, 3-28-74)
10-813-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
1. See Section 10-8-1 of this Title.
City of Yorkville
10-813-2 10-813-5
A. All production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10-8-1 of this Title.
B. Within one hundred fifty feet (150) of a residence district, all
business, production, servicing, processing and storage shall take
place or be within completely enclosed buildings; except, that
storage of materials or products may be open to the sky provided the
storage area is enclosed with a solid wall or fence, as required by
the Zoning Administrator.
However, within such one hundred fifty feet (150') of a residence
district, off-street loading facilities and off-street parking of motor
vehicles under one and one-half (11/2) tons' capacity may be
unenclosed, except for such screening of parking and loading
facilities as may be required under the provisions of Chapter 11 of
this Title. (Ord. 1973-56A, 3-28-74)
10-813-3: SPECIAL USES: The following uses may be allowed by
special use permit in accordance with the provisions of
Section 10-14-6 of this Title:
Any use which may be allowed as a special use in the M-1 District.
Railroad repair shops, maintenance buildings and switching yards.
Stone and gravel quarries and crushing, grading, washing and loading
equipment and structures, provided the land is redeveloped by the owner in
accordance with a plan of redevelopment approved with the granting of the
special use permit and is accompanied by a bond in the amount of the
estimated cost of redevelopment. (Ord. 1973-56A, 3-28-74)
10-813-4: YARD AREAS: All yard areas shall be the same as required
3-28-74) in the M-1 Limited Manufacturing District. (Ord. 1973-56A,
10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the
area of a lot may be covered by buildings or structures,
including accessory buildings. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-88-6 10-813-7
10-813-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A,
3-28-74)
10-813-7: SIGNS: The use of signs in this District shall be subject to the
same regulations as set forth in Section 10-12-3 of this Title.
(Ord. 1973-56A, 3-28-74; 1994 Code)
City of Yorkville
10-9-1 10-9-2
CHAPTER
A-1 AGRICULTURAL DISTRICT
SECTION:
10-9-1: Purpose
10-9-2: Uses Permitted
10-9-3: Special Uses
10-9-4: Accessory Uses
10-9-5: Building Setback Line; Side Yards
10-9-6: Floor Area Ratio
10-9-7: Building Permits, Code and Fees
10-9-8: Fencing Restrictions
10-9-1: PURPOSE: The regulations for the Agricultural District are
intended to govern the use of the land and building and
structures for agricultural purposes after the annexation of land into the City
for so long as the owner or owners thereof shall desire to continue to
devote said land to agricultural purposes. These regulations are also
intended to provide for the protection, conservation and utilization of natural
resources; to preserve the value of existing and future open space and
recreation facilities; and to provide for the orderly development of the real
estate for all uses permitted under the various use districts under this Title.
(Ord. 1992-14A, 12-10-92)
10-9-2: USES PERMITTED:
A. Agricultural.
B. Single-family residential use, provided only three (3) additional
single-family dwellings shall be permitted for the total parcel zoned
Agricultural District and annexed to the City; whether later
subdivided into separate parcels after annexation. In the event of
approval of rezoning to a residential use of the subject parcel or any
portion thereof, this Section shall not apply.
City of Yorkville
10-9-2 10-9-3
C. The City Plan Commission and City Council reserve the right to
require that prior issuance of a residential building permit within an
agricultural district, the City Council has a right to require their
approval of the residential building site, with regard to compatibility
with the Comprehensive Plan, future roadway and utility extensions
and sufficient buffering between residential and nonresidential uses.
D. Signs: As permitted and regulated pursuant to the applicable
provisions of Chapter 12 of this Title. (Ord. 1992-14A, 12-10-92)
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 hospital.
Blacksmith or welding shops.
Cemeteries, including crematoriums and mausoleums provided no building
shall be located less than one hundred feet (100') from a lot line.
Churches, temples or synagogues.
Colleges and universities, including dormitories, fraternities, sororities and
other accessory buildings and structures or trade schools.
Commercial feeding of fish, poultry and livestock.
Commercial or private dog kennels provided that they are located not less
than five hundred feet (500') from a residential lot line.
Communications use.
Fertilizer sales, including bulk storage and mixing.
Golf courses, miniature golf courses and driving ranges, provided that no
clubhouse or accessory building shall be located less than three hundred
feet (300') from a lot line.
Grain elevators and storage.
City of Yorkville
10-9-3 10-9-3
Milk processing and distribution, including pasteurizing and manufacture of
ice cream but not including the processing or manufacture of cheese.
Nurseries and greenhouses, wholesale and retail, provided that all plants
are grown on the premises.
Outdoor amusement establishments, fairgrounds, carnivals, circuses, race
tracks and other similar amusement centers and including places of
assembly devoted thereto, such as stadiums and arenas.
Philanthropic and eleemosynary institutions.
Private clubs or lodges, except those the chief activity of which is a service
customarily carried on as a business.
Private recreational area or camps.
Public utility and public services, including electric substations; repeater
stations; microwave relay towers and stations; mobile transmitting tower
and stations, antenna towers and other outdoor equipment essential to the
operation of exchange in the interest of public convenience and necessity;
water filtration plants; water pumping stations; water reservoir and similar
uses.
Railroad passenger depots.
Railroad right of way and trackage, but not including classification yard,
terminal facilities, piggy-back facilities or maintenance facilities.
Rest homes, nursing homes, hospitals and sanitariums, institutions for the
aged and for children for human beings only.
Riding academies and stables.
Sales yards, wholesale or retail, for agricultural products including, but not
necessarily limited to, fruits, vegetables, flowers, plants, etc.
Seminaries, convents, monasteries and similar religious institutions
including dormitories and other accessory uses required for operations.
(Ord. 1992-14A, 12-10-92)
City of Yorkville
10-9-4 10-9-7
10-9-4: ACCESSORY USES:
A. Those customarily accessory to the pursuit of agriculture, provided
that structures for the shelter of livestock, poultry and other farm
animals shall be located not less than one hundred feet (100') from a
lot line.
B. Roadside stands for the sale of produce or poultry grown and raised
on or in the immediate area of the premises but not including live
animals and provided that such stands shall contain not more than
six hundred (600) square feet of floor area. Each roadside stand
shall have facilities approved by the Superintendent of Streets, for
vehicular ingress and egress and adequate off-street parking. (Ord.
1992-14A, 12-10-92)
10-9-5: BUILDING SETBACK LINE; SIDE YARDS:
A. Setback Line: Every building hereafter erected or enlarged shall
provide and maintain a setback from the public street in accordance
with the following requirements:
1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200')
from the right of way.
2. All other streets or roads, one hundred feet (100') from the record
or established right of way.
B. Side Yards: Each building hereafter erected or remodeled shall have
a side yard on each side of each building of not less than fifty feet
(50'). (Ord. 1992-14A, 12-10-92)
10-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special
use shall be established at the time a special use permit is
granted. (Ord. 1992-14A, 12-10-92)
10-9-7: BUILDING PERMITS, CODE AND FEES: All buildings and
structures used for agricultural purposes shall be exempt from
building permits, codes and fees. (Ord. 1992-14A, 12-10-92)
City of Yorkville
10-9-8 10-9-8
10-9-8: FENCING RESTRICTIONS: The fencing restrictions
contained in this Title shall not apply to agricultural 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)
City of Yorkville
10-10-1 10-10-2
CHAPTER 10
NONCONFORMING BUILDINGS, STRUCTURES AND USES
SECTION:
10-10-1: Continuance of Use
10-10-2: Discontinuance of Use
10-10-3: Elimination of Nonconforming Uses, Buildings and Structures
10-10-4: Repairs and Alterations
10-10-5: Damage and Destruction
10-10-6: Additions and Enlargements
10-10-7: Exempted Buildings, Structures and Uses
10-10-1: CONTINUANCE OF USE:
A. Any lawfully established use of a building or land that does not
conform to the use regulations for the district in which it is located
shall be deemed to be a legal nonconforming use and may be
continued, except as otherwise provided herein.
B. Any legal nonconforming building or structure may be continued in
use, provided there are no physical changes other than necessary
maintenance and repair, except as otherwise permitted herein.
C. Any building for which a permit has been lawfully granted may be
completed in accordance with the approved plans, provided
construction is started within ninety (90) days of the effective date
hereof and diligently prosecuted to completion. Such building shall
thereafter be deemed a lawfully established building. (Ord.
1973-56A, 3-28-74)
10-10-2: DISCONTINUANCE OF USE:
A. Whenever any part of a building, structure or land occupied by a
nonconforming use is changed to or replaced by a conforming use,
such premises shall not thereafter be used or occupied by a
City of Yorkville
10-10-2 10-10-3
nonconforming use, even though the building may have been
originally designed and constructed for the prior nonconforming use.
B. Whenever a nonconforming use of a building or structure, or part
thereof, has been discontinued for a period of twelve (12)
consecutive months, or whenever there is evident a clear intent on
the part of the owner to abandon a nonconforming use, such use
shall not, after being discontinued or abandoned, be re-established,
and the use of the premises thereafter shall be in conformity with the
regulations of the district.
C. Where no enclosed building is involved, discontinuance of a
nonconforming use for a period of six (6) months shall constitute
abandonment, and shall not thereafter be used in a nonconforming
manner.
D. A nonconforming use not authorized by the provisions of this Title
shall be discontinued. (Ord. 1973-56A, 3-28-74)
10-10-3: ELIMINATION OF NONCONFORMING USES, BUILDINGS
AND STRUCTURES: The period of time during which the
following nonconforming uses of buildings, structures or land may continue
or remain shall be limited from the effective date hereof which causes the
use to be nonconforming. Every such nonconforming use shall be
completely removed from the premises at the expiration of the period of
time specified below:
A. Any nonconforming use of a building or structure having an
assessed valuation not in excess of five hundred dollars ($500.00)
shall be removed after two (2) years.
B. All nonconforming advertising devices, such as pennants, flags,
movable signs or portable outdoor displays in any business district
shall be removed after two (2) years.
C. Any nonconforming signs and any and all billboards and outdoor
advertising structures shall be removed after ten (10) years.
D. Any nonconforming use of land where no enclosed building is
involved, or where the only buildings employed are accessory or
incidental to such use, or where such use is maintained in
connection with a conforming building, shall be removed after a
period of two (2) years.
City of Yorkville
10-10-3 10-10-4
E. Any nonconforming house trailers shall be removed after a period of
ten (10) years.
F. In all residence districts, any use lawfully existing at the effective
date hereof, but permitted only in the B-2 and B-3 Districts or the
manufacturing districts, and which use is located in a building, all or
substantially all of which is designed or intended for a residential
accessory purpose, shall be entirely discontinued and shall
thereafter cease operation in accordance with the following
amortization schedule:
Description of Use Amortization Period
Uses permitted in 15 years from the
the B-2 and B-3 Districts effective date hereof
Uses permitted only 8 years after the effec-
in the manufacturing tive date hereof
districts
(Ord. 1973-56A, 3-28-74)
10-10-4: REPAIRS AND ALTERATIONS:
A. Normal maintenance of a building or other structure containing a
nonconforming use is permitted, including necessary nonstructural
repairs and incidental alterations which do not extend or intensify the
nonconforming use.
B. No structural alteration shall be made in a building or other structure
containing a nonconforming use, except in the following situations:
1. When the alteration is required by law.
2. When the alteration will actually result in elimination of the
nonconforming use.
3. When a building is in a residential district containing residential
nonconforming uses, it may be altered in any way to improve
livability, provided no structural alterations shall be made which
would increase the number of dwelling units or the bulk of the
building. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-10-5 10-10-6
10-10-5: DAMAGE AND DESTRUCTION:
A. If a building or other structure containing a nonconforming use is
damaged or destroyed by any means to the extent of fifty percent
(50%) or more of its replacement value at that time, the building or
other structure can be rebuilt or used thereafter only for a
conforming use and in compliance with the provisions of the district
in which it is located. In the event the damage or destruction is less
than fifty percent (50%) of its replacement value, based upon
prevailing costs, the building may then be restored to its original
condition and the occupancy or use of such building may be
continued which existed at the time of such partial destruction.
B. In either event, restoration or repair of the building or other structure
must be started within a period of six (6) months from the date of
damage or destruction and diligently prosecuted to completion. (Ord.
1973-56A, 3-28-74)
10-10-6: ADDITIONS AND ENLARGEMENTS: Except as provided in
Section 10-10-7 of this Chapter:
A. A nonconforming building may be enlarged or extended only if the
entire building is thereafter devoted to a conforming use, and is
made to conform to all the regulations of the district in which it is
located.
B. No building partially occupied by a nonconforming use shall be
altered in such a way as to permit the enlargement or expansion of
the space occupied by such nonconforming use.
C. No nonconforming use may be enlarged or extended in such a way
as to occupy any required usable open space, or any land beyond
the boundaries of the zoning lot as it existed on the effective date
hereof, or to displace any conforming use in the same building or on
some parcel of land.
D. A building or structure which is nonconforming with respect to yards,
floor area ratio or any other element of bulk shall not be altered or
expanded in any manner which would increase the degree or extent
of its nonconformity with respect to the bulk regulations for the
district in which it is located. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-10-7 10-10-7
10-10-7: EXEMPTED BUILDINGS, STRUCTURES AND USES:
Wherever a lawfully existing building or other structure
otherwise conforms to the use regulations of the district in which it is
located, but is nonconforming only in the particular manner thereinafter
specified, the building and use thereof shall be exempt from the
requirements of Sections 10-10-3 and 10-10-4 of this Chapter as follows:
A. In any residence district where a dwelling is nonconforming only as
to the number of dwelling units it contains, provided no such building
shall be altered in any way so as to increase the number of dwelling
units therein.
B. In any residence district where a use permitted in the B-1 District
occupies ground floor space within a multiple-family dwelling located
on a corner lot.
C. In any business or manufacturing district where the use is less
distant from a residence district than that specified in the regulations
for the district in which it is located.
D. In any district where an established building, structure or use is
nonconforming with respect to the standards prescribed herein for
any of the following:
1. Floor area ratio;
2. Lot area per dwelling unit;
3. Yards - front, side, rear or transitional;
4. Off-street parking and loading;
5. Lot area;
6. Building height;
7. Gross floor area. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-11-1 10-11-2
CHAPTER 11
OFF-STREET PARKING AND LOADING
SECTION:
10-11-1: Purpose
10-11-2: General Provisions
10-11-3: Off-Street Parking Regulations and Requirements
10-11-4: Schedule of Parking Requirements
10-11-5: Off-Street Loading Regulations and Requirements
10-11-6: Schedule of Loading Requirements
10-11-1: PURPOSE: The purpose of this Chapter is to alleviate or
prevent congestion of the public roads, and so promote the
safety and welfare of the public by establishing minimum requirements for
the off-street parking and loading and unloading of motor vehicles in
accordance with the use to which property is put. (Ord. 1973-56A, 3-28-74)
10-11-2: GENERAL PROVISIONS:
A. Scope of Regulations: The off-street parking and loading provisions
of this Chapter shall apply as follows:
1. For all buildings and structures erected and all uses of land
established after the effective date hereof, accessory parking and
loading facilities shall be provided as required by the regulations of
the district in which such buildings or uses are located. However,
where a building permit has been issued prior to the effective date
hereof, and provided that construction is begun within one year of
such effective date and diligently prosecuted to completion, parking
and loading facilities as required hereinafter need not be provided.
2. When the intensity of use of any building, structure or premises
shall be increased through addition of dwelling units, gross floor
area, seating capacity or other units of measurement specified
herein for required parking or loading facilities, parking and loading
City of Yorkville
10-11-2 10-11-2
facilities as required herein shall be provided for such increase in
intensity of use.
However, no building or structure lawfully erected or use lawfully
established prior to the effective date hereof shall be required to
provide such additional parking or loading facilities unless and until
the aggregate increase in units of measurement shall equal not less
than fifteen percent (15%) of the units of measurement existing upon
the effective date hereof, in which event parking or loading facilities
as required herein shall be provided for the total increase.
3. Whenever the existing use of a building or structure shall
hereafter be changed to a new use, parking or loading facilities shall
be provided as required for such new use. However, if the said
building or structure was erected prior to the effective date hereof,
additional parking or loading facilities are mandatory only in the
amount by which the requirements for the new use would exceed
those for the existing use if the latter were subject to the parking and
loading provisions of this Title.
B. Existing Parking and Loading Facilities: Accessory off-street parking
or loading facilities which are located on the same lot as the building
or use served and which were in existence on the effective date
hereof or were provided voluntarily after such effective date, shall
not hereafter be reduced below, or if already less than, shall not
further be reduced below, the requirements of this Title for a similar
new building or use.
C. Permissive Parking and Loading Facilities: Nothing in this Title shall
be deemed to prevent the voluntary establishment of off-street
parking or loading facilities to serve any existing use of land or
buildings; provided, that all regulations herein governing the location,
design, improvement and operation of such facilities are adhered to.
D. Damage or Destruction: For any conforming or legally nonconforming
building or use, as restricted by Chapter 10 of this Title, which is in
existence on the effective date hereof, which subsequently hereto is
damaged or destroyed by fire, collapse, explosion or other cause,
and which is reconstructed, re-established or repaired, off-street
parking or loading facilities equivalent to any maintained at the time
of such damage or destruction shall be restored or continued in
operation. However, in no case shall it be necessary to restore or
maintain parking or loading facilities in excess of those required by
this Title for equivalent new uses in construction.
City of Yorkville
10-11-2 10-11-3
E. Control of Off-Site Parking Facilities: Where required parking
facilities are provided on land other than the zoning lot on which the
building or use served by such facilities is located, they shall be and
remain in the same possession or ownership as the zoning lot
occupied by the building or use to which the parking facilities are
necessary. No such off-site parking facilities shall be authorized and
no zoning certificate shall be issued where the plans call for parking
facilities other than on the same zoning lot until and unless the
Board of Zoning Appeals has reviewed the plans and heard the
applicant and made findings that the common ownership or
possession of the zoning lot and the site of the parking facilities are
reasonably certain to continue and that the off-site parking facilities
will be maintained at all times during the life of the proposed use or
building.
F. Submission of Plot Plan: Any application for a 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. (Ord. 1973-56A, 3-28-74)
10-11-3: OFF-STREET PARKING REGULATIONS AND
REQUIREMENTS:
A. Use of Parking Facilities: Off-street parking facilities accessory to
residential use and development in any residential district in
accordance with the requirements of this Chapter shall be used
solely for the parking of passenger automobiles owned by occupants
of the dwelling structures to which such facilities are accessory or by
guests of said occupants. Under no circumstances shall required
parking facilities accessory to residential structures be used for the
storage of commercial vehicles or for the parking of automobiles
belonging to the employees, owners, tenants, visitors or customers
of business or manufacturing establishments.
B. Joint Parking Facilities: Off-street parking facilities for different
buildings, structures or uses, or for mixed uses, may be provided
collectively in any zoning district in which separate parking facilities
for each constituent use would be permitted; provided, that the total
number of spaces so located together shall not be less than the sum
of the separate requirements for each use.
C. Size: A required off-street parking space shall be at least eight and
ore-half feet in width and at least twenty feet in length (8'/2'x 20')
City of Yorkville
10-11-3 10-11-3
exclusive of access drives or aisles, ramps, columns or office or
work areas. Such space shall have a vertical clearance of at least
seven feet (7').
D. Access: Each required off-street parking space shall open directly
upon an aisle or driveway of such width and design as to provide
safe and efficient means of vehicular access to such parking space,
unless the parking facilities are serviced by a parking attendant. All
off-street parking facilities shall be designed with appropriate means
of vehicular access to a street or alley in a manner which will least
interfere with traffic movements. No driveway across public property
nor curb cut shall exceed a width of twenty five feet (25').
E. In Yards: Off-street parking spaces may be located in any yards
except required front yards.
F. Design and Maintenance:
1. Open and Enclosed Parking Spaces: Accessory parking spaces
located on the same lot as occupied by the use served may be open
to the sky or enclosed in a building. Accessory parking spaces
located in a residence district elsewhere than on the same lot
occupied by the use served shall be open to the sky except when
otherwise allowed as a special use.
2. Surfacing: All open off-street parking areas, except parking space
accessory to a one-family dwelling, shall be improved with a
pavement meeting State of Illinois Standard A-3 or equivalent.
3. Screening and Landscaping: All open automobile parking areas
containing more than four (4) parking spaces shall be effectively
screened on each side adjoining or fronting on any property situated
in a residence district or any institutional premises by a wall, fence
or densely planted compact hedge not less than five feet (5') nor
more than seven feet (7') in height. Such required screening shall
conform with the front and side yard setback requirements of the
district in which the parking is located.
4. 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.
5. Signs: Directional and regulatory signs only are permitted on
parking areas.
City of Yorkville
10-11-3 10-11-3
6. Repair And Service:
a. No motor vehicle repair work of any kind shall be permitted in
conjunction with accessory off-street parking facilities provided in a
residence district.
b. The sale of gasoline and motor oil in conjunction with
accessory off-street parking facilities is not permitted in any
residence district.
G. Number Of Spaces:
1. Maximum Number Of Spaces: The total number of accessory
parking spaces provided for one-family, two-family or multiple-family
dwellings shall not exceed that required by this Title for such use or
for any equivalent new use by more than fifty percent (50%) or four
(4) spaces, whichever number is greater.
2. Determination Of Number Of Spaces: When determination of the
number of off-street parking spaces required by this Title results in a
requirement of a fractional space, any fraction of one-half C/O or less
may be disregarded, while a fraction in excess of one-half C/O shall
be counted as one parking space.
H. Location Of Accessory Off-Street Parking Facilities: The location of
off-street parking spaces in relation to the use served shall be as
prescribed hereinafter. All distances specified shall be walking
distances between such parking spaces and a main entrance to the
use served.
1. For Uses In A Residence District: Parking spaces accessory to
dwellings shall be located on the same zoning lot as the use served.
Spaces accessory to uses other than dwellings may be located on a
lot adjacent to, or directly across a street or alley from the lot
occupied by the use served, but in no case at a distance in excess
of three hundred feet (300') from such use.
2. For Uses In Business And Manufacturing Districts: All required
parking spaces shall be within one thousand feet (1,000') of the use
served, except for spaces accessory to dwelling units (except those
located in a transient hotel) which shall be within three hundred feet
(300') of the use served. However, no parking spaces accessory to a
use in a business or manufacturing district shall be located in a
residence district unless authorized by the Board of Appeals in
accordance with Chapter 14 of this Title. (Ord. 1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-11-4 10-11-4
10-11-4: SCHEDULE OF PARKING REQUIREMENTS: For the
following uses, accessory off-street and off right-of-way
parking spaces shall be independently accessible provided as required
hereinafter. Parking spaces required on an employee basis shall be based
on the maximum number of employees on duty or residing, or both, on the
premises at any one time. (Ord. 1997-5A, 3-13-19971)
A. Residential Uses, As Follows:
One-family dwellings, two-family A minimum of 2 enclosed parking
dwellings, and townhomes spaces shall be provided for
each dwelling unit. The develop-
ment plans shall incorporate
techniques to break up the effect
of front loaded grades such as
side loading end units and off-
sets to be approved by the City's
planner.
Multi-family dwellings other A minimum of 2 parking spaces
than above with 1 enclosed parking space
shall be provided for each
dwelling unit. For lodging rooms
located in an apartment hotel
parking spaces shall be provided
for each lodging room.
Tourist courts, tourist homes, 1 parking space for each
motels and motor hotels dwelling unit and 1 parking
space for each lodging room
shall be provided.
Hotels, transient 1 parking space shall be
provided for each lodging room,
plus 1 space for the owner or
manager.
Lodging houses 1 parking space shall be
provided for each lodging room,
plus 1 space for the owner or
manager.
1. Ordinance 1997-5A will be in effect for all new developments not yet preliminarily platted
as of its passage.
January 2000
City of Yorkville
10-11-4 10-11-4
Private clubs and lodges (with 1 parking space shall be
sleeping facilities for guests) provided for each lodging room,
plus parking spaces equal in
number to 10 percent of the
capacity in persons (exclusive of
lodging room capacity) of such
club or lodge.
B. Retail And Service Uses, As Follows:
Reltail stores and banks 1 parking space shall be
provided for each 300 square
feet of floor area. Drive-in banks
shall provide 3 parking spaces
per teller window.
Automobile laundry 20 parking spaces shall be
provided for each wash rack,
plus 1 additional space for each
4 employees.
Bowling alleys 3 parking spaces shall be
provided for each alley, plus
such additional spaces as may
be required herein for affiliated
uses - bars, restaurants and the
like.
Establishments dispensing food 1 parking space shall be
beverages for consumption on provided for each 300 square
the premises feet of floor area.
Furniture and appliance stores, 1 parking space shall be
household equipment or furni- provided for each 600 square
tune repair shops feet of floor area.
Motor vehicle sales and 1 parking space shall be
machinery sales provided for each 600 square
feet of floor area.
Theaters (indoor) 1 parking space shall be
provided for each 3 seats.
Undertaking establishments, 12 parking spaces shall be
funeral parlors provided for each chapel or
January 2000
City of Yorkville
10-11-4 10-11-4
parlor, plus 1 parking space for
each funeral vehicle kept on the
premises, and 1 parking space
for each employee.
C. Offices; Business, Professional And Governmental: 1 parking space
shall be provided for each 400 square feet of floor area.
D. Wholesale Establishments (But Not Including Warehouses And
Storage Buildings Other Than Accessory): 1 parking space shall be
provided for each 600 square feet of floor area.
E. Establishments Engaged In Production Processing, Cleaning,
Servicing, Testing Or Repair Of Materials, Goods Or Products: 1
parking space shall be provided for each employee, plus 1 parking
space for each vehicle used in the conduct of the enterprise.
F. Warehouses And Storage Buildings: 1 parking space shall be
provided for each 1 employee, plus 1 space for each vehicle used in
the conduct of the enterprise.
G. Community Service Uses, As Follows:
Church, school, college and 1 parking space shall be pro-
other institutional auditor- vided for each 6 seats. Adequate
iums space shall also be provided for
buses used in connection with
the activities of the institution,
and all loading and unloading of
passengers shall take place
upon the premises.
Colleges, universities and 1 parking space shall be
business, professional and provided for each employee, and
trade schools 1 parking space shall be pro-
vided for each 4 students, based
on the maximum number of
students attending classes on
the premises at any one time
during any 24 hour period.
Health centers, government 3 parking spaces shall be provid-
operated ed for each staff and visiting doc-
tor.
January 2000
City of Yorkville
10-11-4 10-11-4
Hospitals 1 parking space shall be
provided for each 2 hospital
beds, plus 1 parking space for
each 2 employees (other than
staff doctors), plus 1 parking
space for each doctor assigned
to the staff.
Libraries, art galleries and 4 parking spaces shall be provid-
museums - public ed for each 1,000 square feet of
gross floor area.
Municipal or privately owned 1 parking space shall be
recreation buildings or com- provided for each 1 employee,
munity centers plus spaces adequate in number,
as determined by the Zoning
Administrator, to serve the
visiting public.
Public utility and public service 1 parking space shall be
us()s provided for each 1 employee,
plus spaces adequate in number,
as determined by the Zoning
Administrator, to serve the
public.
Schools; nursery, elementary 1 parking space shall be
and high provided for each employee, plus
spaces adequate in number, as
determined by the Zoning Admin-
istrator, to serve the public.
H. Places Of Assembly, As Follows:
Stadiums, arenas, auditoriums, Parking spaces equal in number
(other than church, college or to 25 percent of the capacity in
institutional school), convention persons shall be provided.
halls, dance halls, exhibition
halls, skating rinks and other
similar places of assembly
I. Miscellaneous Uses, As Follows:
Fraternities, sororities and 1 parking space shall be provid-
dormitories ed for each 5 active members,
January 2000
City of Yorkville
10-11-4 10-11-4
plus 1 parking space for each
employee.
Institutions for the care of the 1 parking space shall be provid-
insane and feeble-minded ed for each staff doctor, plus
space adequate in number, as
determined by the Zoning Ad-
ministrator, to serve the visiting
public.
Rest homes or nursing homes 1 parking space shall be provid-
ed for each 4 beds, plus 1
parking space for each 1
employee, and 1 parking space
for each doctor assigned to the
staff.
Sanitariums, convalescent 1 parking space shall be provid-
homes or institutions for ed for each 4 beds, plus 1
the aged or for children parking space for each 2 em-
ployees (other than staff doc-
tors), plus 1 parking space for
each doctor assigned to the staff.
(Ord. 1973-56A, 3-28-1974; amd.
Ord. 1997-5A, 3-13-19971)
For the following uses, parking spaces shall be provided in adequate
number, as determined by the Zoning Officer, to serve persons
employed or residing on the premises as well as the visiting public:
(Ord., 3-28-1974; amd. 1994 Code)
Airports or aircraft landing fields, heliports.
Convents and monasteries.
Crematories and mausoleums.
Outdoor amusement establishments; fairgrounds, permanent
carnivals, kiddie parks and other similar amusement centers.
Penal and correctional institutions.
1. Ordinance 1997-5A will be in effect for all new developments not yet preliminarily platted
as of its passage.
January 2000
City of Yorkville
10-11-4 10-11-4
Rectories and parish house.
Swllmming pools.
J. Mixed Uses: When two (2) or more uses are located on the same
zoning lot or within the same building, parking spaces equal in
number to the sum of the separate requirements for each such use
shell be provided. No parking space or portion thereof shall serve as
a required space for more than two (2) uses unless otherwise
authorized by the Board of Appeals in accordance with Chapter 14 of
this Title.
K. Other Uses: For uses not listed heretofore in this schedule of parking
requirements, parking spaces shall be provided on the same basis
as required for the most similar listed use, or as determined by the
Zoning Officer. (Ord. 1973-56A, 3-28-1974)
January 2000
City of Yorkville
10-11-5 10-11-5
10-11-5: OFF-STREET LOADING REGULATIONS AND REQUIRE-
MENTS:
A. Location: All required loading berths shall be located on the same
zoning lot as the use served. No loading berth for vehicles over two
(2) tons' capacity shall be closer than fifty feet (50') to any property
in a residence district unless completely enclosed by building walls,
noit less than six feet (6') in height. No permitted or required loading
berth shall be located within fifty feet (50') of the nearest point of
intersection of any two (2) streets. (Ord. 1973-56A, 3-28-74; 1994
Code)
B. Size: Unless otherwise specified, a required loading berth shall be at
least ten feet in width by at least twenty five feet in length (10' x 25')
exclusive of aisle and maneuvering space, and shall have a vertical
clearance of at least fourteen feet (14').
C. Access: Each required off-street loading berth shall 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 macadam base, not less than seven inches (7") thick,
surfaced with not less than two inches (2") of asphaltic concrete or
some comparable all-weather dustless material.
E. Repair and Service: No motor vehicle repair work or service of any
kind shall be permitted in conjunction with loading facilities provided
in any residence or business districts.
F. Loading Spaces Not to be Used for Parking Requirements: Space
allocated to any off-street loading berth shall not, while so allocated,
be used to satisfy the space requirements for any off-street parking
facilities or portions thereof.
G. Special Uses: For special uses other than prescribed hereinafter,
loading berths adequate in number and size to serve such use, as
determined by the Zoning Administrator, shall be provided.
H. Accessory Off-Street Loading Facilities: Uses for which off-street
loading facilities are required herein but which are located in
buildings of less floor area than the minimum prescribed for such
required facilities, shall be provided with adequate receiving facilities
off any adjacent alley, service drive or open space on the same lot
which is accessible by motor vehicle. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-11-6 10-11-6
10-11-6: SCHEDULE OF LOADING REQUIREMENTS: For the uses
listed in the following table, off-street loading berths shall be
provided on the basis of gross floor area of buildings or portions thereof
devoted to such uses in the amounts shown herein:
LOADING REQUIREMENTS
Required Number and
Gross Floor Area in Minimum Horizontal
Use Square Feet Dimensions of Berths
A. Hospitals, sanitariums 10,000 to 200,000 1 - (10' x 25')
and other institutional uses
B. Hotels, clubs and lodges, For each additional 1 additional
except as set forth in item E 200,000 or fraction (10' x 25')
thereof
C. Hotels, clubs and lodges 10,000 to 20,000 1 - (10' x 25')
- when containing any of the 20,000 to 150,000 1 - (10' x 50')
following: retail shops, con- For each additional 1 - additional
vention halls, auditoriums, 150,000 or fraction (10' x 25')
exhibition halls, or business thereof
or professional offices (other
than accessory)
D. Retail stores 5,000 to 10,000 1 - (10' x 25')
E. Establishments dispens- 10,000 to 20,000 1 - (10' x 25')
ing food or beverages for 20,000 to 25,000 2 - (10' x 25' ea.)
consumption on the pre- 25,000 to 40,000 2 - (10' x 25' ea.)
mises
F. Motor vehicle and 40,000 to 100,000 3 - (10' x 25' ea.)
machinery sales
G. Wholesale establish- For each additional 1 - additional
ments (but not including 200,000 or fraction (1 o' x 50')
warehouse and storage thereof
buildings other than
accessory)
H. Auditoriums, convention 10,000 to 20,000 1 - (10' x 25')
halls, exhibition halls, sports 20,000 to 100,000 1 - (10' x 50')
arenas, stadiums
City of Yorkville
10-11-6 10-11-6
LOADING REQUIREMENTS
Required Number and
Gross Floor Area in Minimum Horizontal
Use Square Feet Dimensions of Berths
I. Bowling alleys For each additional 1 - additional
100,000 or fraction (10' x 50')
thereof
J. Banks and offices - 10,000 to 100,000 1 - (10' x 25')
business, professional and For each additional 1 - additional
governmental 100,000 or fraction (10' x 25')
thereof to 500,000
For each additional 1 - additional
500,000 or fraction (10' x 25')
thereof
K. Establishments engaged 5,000 to 10,000 1 - (10' x 25')
in productiion, processing, 10,000 to 40,000 1 - (10' x 50')
cleaning, servicing, testing 40,000 to 100,000 2 - (10' x 50' ea.)
or repair of materials, goods
or products
L. Warehouses and storage For each additional 1 - additional
buildings 100,000 or fraction (10' x 50')
thereof
M. Theaters 8,000 to 25,000 1 - (10' x 25')
For each additional 1 - additional
50,000 or fraction (10' x 25')
thereof
N. Undertaking establish- 8,000 to 100,000 1 - (10' x 25')
ments and funeral parlors For each additional 1 - additional
100,000 or fraction (10' x 25')
thereof
(Ord. 1973-56A, 3-28-74)
City of Yorkville
10-12-1
10-12-1
CHAPTER 12
SIGNS
SECTION:
10-12-1: Signs in Residential Districts
10-12-2: Signs in Business Districts
10-12-3: Signs in Manufacturing Districts
10-12-1: SIGNS IN RESIDENTIAL DISTRICTS: In all residential
districts, the following nonflashing, nonilluminated accessory
signs are permitted in accordance with the regulations set forth hereinafter:
A. Nameplates and identification signs, subject to the following:
1. For one and two-family dwellings, there shall be not more than
one nameplate, not exceeding one and one-half (11/2) square feet in
area for each dwelling unit, indicating the name or address of the
occupant or a permitted occupation; provided, that on a corner lot
two (2) such nameplates for each dwelling unit, one facing each
street, shall be permitted.
2. For multiple-family dwellings, for apartment hotels and for
buildings other than dwellings, a single identification sign not
exceeding nine (9) square feet in area and indicating only the name
and address of the building and the name of the management
thereof may be displayed provided that on a corner lot two (2) such
signs, one facing each street, shall be permitted.
3. Church bulletin boards which shall not exceed twenty four (24)
square feet in area.
4. No sign shall project beyond the property line into the public way.
5. No sign shall project higher than one story or twenty feet (20')
above curb level, whichever is lower.
City of Yorkville
10-12-1 10-12-2
B. Signs advertising the sale or rental of property upon which the sign
is located, provided:
1. Signs advertising the sale of one residential lot shall not exceed
nine (9) square feet.
2. Signs for the sale of property within an approved subdivision or for
a single parcel of more than forty (40) acres shall not exceed one
hundred (100) square feet and shall be permitted for a period of not
more than two (2) years; except, that a permit may be renewed
annually for a period not to exceed one year'.
3. The sign is located as directed by the Zoning Administrator but in
no case shall a sign be located closer than ten feet (10') to any other
zoning lot nor project beyond the property line into the public way.
4. No sign shall project higher than eight feet (8') above the road
level. (Ord. 1973-56A, 3-28-74)
10-12-2: SIGNS IN BUSINESS DISTRICTS: The following signs shall
be permitted and governed as follows:
A. Building Name and Use: Signs relating only to the name and use of
buildings or premises upon which they are placed. Advertising signs
and outdoor billboards advertising products or matters not related to
the occupancy and use of the premises shall not be permitted.
B. Signs in Shopping Centers:
1. For integrated shopping centers in single ownership and
management, or under unified control, and containing five (5) or
more stores or shops, one additional sign may be erected not
exceeding one hundred (100) square feet in area advertising only
the name and the location of the integrated shopping center.
2. Such sign shall be placed so as to be not less than ten feet (10)
from the front property lines of the premises upon which the sign is
located and the bottom edge of such signs shall be at least eight feet
(8) above the level of the ground and the overall height shall not
exceed twenty feet (20') above curb level, or above the adjoining
ground level if such ground level is above the street level.
1. See subsection 10-14-313 of this Title for sign permit regulations.
City of Yorkville
10-12-2 10-12-2
C. Projections: Signs attached to a building or buildings shall not
project more than eighteen inches (18") from the wall upon which
they are attached. Signs must be attached to parapet walls or other
wall surfaces made a part of the main structure. Signs attached to
the roof of the building or to any other part of the building above the
roof line shall not be permitted. No sign shall project higher than four
feet (4') above the parapet line or the roof line, whichever is higher.
D. Sign Area:
1. The gross surface area of all signs on a zoning lot shall not
exceed a square foot area of one-half (1/2) the lineal frontage of such
zoning lot, or thirty (30) square feet for each business use,
whichever is greater.
2. Each side of a building which abuts upon a street shall be
considered as a separate frontage. (Ord. 1973-56A, 3-28-74)
E. Signs Painted on Walls: No sign may be painted or pasted directly
on the surface of any wall; nor shall any sign be permitted to be
placed on any wall, fence or standard facing the side of any
adjoining lot located in any residential district. (Ord., 3-28-74; amd.
Ord. 1976-23, 1-22-76)
F. Signs Attached to Canopies or Marquees: Signs attached to or hung
from a marquee or canopy shall be completely within the borderline
of the outer edge of the marquee or canopy and shall in no instance
be lower than eight feet (8') above the ground or surface over which
the marquee or canopy is constructed.
G. Signs with Separate Supports: Signs, clocks or other advertising
devices erected upon standards or separate supports shall be placed
so as to be not less than ten feet (10') from the front property lines
of the premises upon which they are located, and no part of the sign
or standard shall have a total height greater than twenty feet (20')
above the level of the street upon which the sign faces, or above the
adjoining ground level if such ground level is above the street level,
nor shall the surface of any such sign exceed an area of one
hundred (100) square feet.
H. Illuminated Signs: No illuminated sign shall be of the flashing or
intermittent type. Signs which may be in conflict with public traffic
signals shall not be permitted.
I. Traffic Signs:
City of Yorkville
10-12-2 10-12-3
1. Highway directional signs and markers which shall be made and
installed in accordance with the specifications of Yorkville for
announcing the location of or directing traffic to given locations
which include, but are not limited to, the following:
a. Service area; automobile, food, lodging.
b. Business or business district.
2. Traffic or directional signs designating entrances, exits and
conditions of use of parking facilities accessory to the main use of
the premises may be maintained provided they are located within the
property lines of the subject lot. (Ord. 1973-56A, 3-28-74)
10-12-3: SIGNS IN MANUFACTURING DISTRICTS: The following
signs shall be permitted and governed as follows:
A. Signs Permitted Generally: All signs and nameplates permitted in the
business districts.
B. Billboards, advertising signs and poster panels, provided the total
area of all such billboards, advertising signs and poster panels does
not exceed two hundred seventy five (275) square feet.
C. Sign Area: The gross area in square feet of all signs on a zoning lot
shall not exceed four (4) square feet per lineal foot of building
facade.
D. Projections:
1. No sign shall project higher than forty five feet (45') above the
ground level beneath it.
2. No advertising sign or billboard shall project higher than twenty
feet (20') above the ground level beneath it.
E. Location Restrictions:
1. No advertising sign shall be located within five hundred feet (500')
of any public park of more than five (5) acres in area, or any
freeways, expressways and toll roads designated as such in the
records of the governing authorities.
City of Yorkville
10-12-3 10-12-3
2. No advertising sign shall be located within one hundred fifty feet
(150') of any property located in a residence district. (Ord. 1973-56A,
3-28-74)
City of Yorkville
10-13-1 10-13-1
CHAPTER 13
PLANNED DEVELOPMENTS
SECTION:
10-13-1: Purpose
10-13-2: Delineation on Zoning Map
10-13-3: Pre-Application Conference
10-13-4: Procedure for Application for Special Use
10-13-5: Contents of Petition
10-13-6: Construction of Improvements
10-13-7: Street Classifications
10-13-8: Standards
10-13-9: Planned Developments in Zoning Districts
10-13-9-1: Residential Planned Developments
10-13-9-2: Business Planned Developments
10-13-9-3: Industrial Planned Developments
10-13-1: PURPOSE: Planned developments are intended to encourage
the most imaginative and best possible design of building
forms and site planning for tracts of land where unitary plans would best
adapt to topographic and other natural features of such sites. Under this
procedure, well planned residential, industrial, commercial and other types
of land use, individually or in combination, may be developed with complete
design flexibility. Planned developments must be environmentally
compatible. They should have a more beneficial effect upon the health,
safety and general welfare of the people of the City and particularly, in the
immediate surroundings, than would developments built in conformity with
standard district regulations. Site of planned developments shall be of
sufficient size to accommodate self-contained developments and to create
their own character. Planned developments are of such substantially
different character from other special uses that the following additional
standards are established to guard against their use solely as a means of
intensifying the use of land. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-13-2 10-13-4
10-13-2: DELINEATION ON ZONING MAP: Approved planned
developments shall be delineated and designated by number
on the Zoning District Map. A file, available for inspection by the public,
shall be maintained by the Zoning Officer for each planned development so
designated. The file shall contain a record of the approved development
plan and all exceptions authorized therein. (Ord. 1973-56A, 3-28-74; 1994
Code)
10-13-3: PRE-APPLICATION CONFERENCE:
A. A pre-application conference shall be held with the Plan
Commission. At such conference the applicant shall provide
information as to the location of the proposed planned development;
the uses and approximate area of use category; a list of any and all
exceptions to this Title and subdivision regulations of this Code';
and other information necessary to clearly explain the planned
developments.
B. The Plan Commission shall review and consider the proposal as to
its compatibility with the Comprehensive Plane and the goals and
policies for planning of the City and advise the applicant on the
information, documents, exhibits, drawings and limitations on the
proposal that should be included in the application to the City for a
special use permit for planned development. (Ord. 1973-56A,
3-28-74)
10-13-4: PROCEDURE FOR APPLICATION FOR SPECIAL USE: The
applicant shall request the special use permit by letter,
addressed to the executive secretary of the Plan Commission, to be placed
on the agenda of the next regular meeting of the Plan Commission for a
preliminary discussion of the proposed planned development, and the Plan
Commission shall consider the proposed planned development at such
meeting, which may be continued from time to time. The applicant shall
present such exhibits and written information as may be necessary to fully
acquaint the Plan Commission with the proposed development which shall
include, but not necessarily be limited to the following:
A. A tentative sketch plan, which may be in freehand sketch form,
showing the location and extent of the types of land uses proposed.
1. See Title 11 of this Code.
2. See Title 9, Chapter 1 of this Code.
City of Yorkville
10-13-4 10-13-4
B. The existing topography at five foot (5') contour intervals which may
be taken from U.S.G.S. information.
C. Existing streets surrounding the subject property.
D. Existing utilities including storm drainage facilities.
E. The following shall be provided by either graphic exhibits or written
statement:
1. The density of residential uses and the number of dwelling units
by type.
2. The ancillary and nonresidential uses to be provided in a
residential planned development.
3. The off-street parking and other service facilities proposed.
4. The exceptions or variations to the City zoning or subdivision
requirements being requested as part of the planned development
application.
F. Within thirty (30) days after final adjournment of the meeting, the
Plan Commission shall submit to the City Council a report in writing
containing its recommendations.
G. The formal petition for a planned development shall be addressed to
the City Council and shall be filed with the City Clerk and ten (10)
copies of the petition shall be filed with the executive secretary of
the Plan Commission; attached to each copy shall be copies of the
supporting documents and exhibits hereinafter provided for.
H. The City Clerk shall set a hearing date which shall be not less than
fifteen (15) nor more than thirty (30) days after the filing of the
petition, and shall cause notice of the hearing to be published at
least once, no more than thirty (30) days nor less than fifteen (15)
days before said hearing date in one or more newspapers of general
circulation in the City. Written notice shall be given by the applicant
to all property owners as prescribed by the Illinois statutes.
I. The City Clerk shall forward a copy of the petition to the City Council
and to each member of the Plan Commission.
J. The petition shall be heard and reviewed by the Plan Commission
and the report shall be submitted to the City Council. The report of
City of Yorkville
10-13-4 10-13-5
the findings and recommendations shall be accompanied by such
plats, exhibits and agreements as shall have been presented by the
petitioner, each identified for reference by letter or number, together
with any suggested changes therein.
K. The City Council may grant a special use for a planned development
which shall be by specific ordinance and which shall contain or to
which shall be appended all terms and conditions of the special use
permit, including covenants and agreements, guarantees,
performance bonds, plats and the like. (Ord. 1973-56A, 3-28-74)
10-13-5: CONTENTS OF PETITION: The formal petition shall contain,
in addition to all other requirements, the following:
A. A site plan of the planned development. This plan will be at a scale
of not less than one inch equals one hundred feet (1" = 100') which
shall show all proposed streets (public and private), street
classifications, rights of way, pavement widths of streets and
driveways, all principal and accessory buildings and their uses, lot
sizes, building lines, easements for utility services, off-street parking,
service areas, open space, recreation facilities and any other
information necessary to clearly show the proposed elements of the
planned development.
B. Preliminary Architectural Plans:
1. Preliminary architectural plans for all residential buildings shall be
submitted in sufficient detail to show the basic planning, the number
of units per building and the number of bedrooms per dwelling unit.
2. Preliminary architectural plans are not required for business or
other nonresidential buildings at the time of this application but must
be submitted to the Plan Commission for its approval prior to filing
an application for a building permit.
C. A topographic survey with two foot (2') contour intervals and
boundary survey of the subject area, prepared and certified by a
registered Illinois surveyor.
D. A rendered plan of the planned development area showing in
contrasting colors, or by other means, the respective locations of all
categories of land use.
City of Yorkville
10-13-5 10-13-6
E. A map of the general area showing the location of the planned
development site and its relation to the existing roads and streets
and use districts within the immediately adjacent and surrounding
area.
F. Preliminary plans and outline specifications of the following
improvements:
1. Roads, streets and alleys, including classifications, width of right
of way, widths of paved surfaces and construction details.
2. Sidewalks, including widths of paved surfaces and construction
details.
3. Sanitary and storm sewer system.
4. Water supply system.
5. Street lighting and public area lighting system.
6. Recommended installations for electric, gas and telephone
facilities and distribution.
7. Sequence of phases or stages of development of the planned
development.
8. A general landscape planting plan shall be prepared by a
landscape architect and shall meet the approval of the Plan
Commission.
G. Estimates of cost of installation of all proposed improvements,
confirmed by a registered Illinois engineer.
H. Petitioner's proposed covenants, restrictions and conditions to be
established as a part of the planned development. (Ord. 1973-56A,
3-28-74)
10-13-6: CONSTRUCTION OF IMPROVEMENTS: The petitioner shall
construct and install the required improvements in accordance
with the City subdivision regulations'. (Ord. 1973-56A, 3-28-74)
1. See Title 11, Chapter 4 of this Code.
City of Yorkville
10-13-7 10-13-9
10-13-7: STREET CLASSIFICATIONS: Street classifications,
definitions and specifications shall be in accord with the
regulations pertaining to same as established in the subdivision regulations
and the Comprehensive Plan of the City', as may be modified by the
special use permit. (Ord. 1973-56A, 3-28-74)
10-13-8: STANDARDS: No planned development shall be authorized
by the City Council unless the Plan Commission shall find and
recommend, in addition to those standards established herein for special
uses, that the following standards will be met:
A. The uses permitted by such exceptions as may be requested or
recommended are necessary or desirable and appropriate to the
purpose of the development.
B. The uses permitted in such development are not of such nature or so
located as to exercise an undue detrimental influence or effect upon
the surrounding neighborhood.
C. That any industrial park areas established in the planned
development conform to all requirements therefor as set forth
elsewhere in this Title.
D. That all minimum requirements pertaining to commercial, residential,
institutional or other uses established in the planned development
shall be subject to the requirements for each individual classification
as established elsewhere in this Title, except as may be specifically
varied herein granting and establishing a planned development use.
E. When private streets and common driveways are made a part of the
planned development or private common open space or recreation
facilities are provided, the applicant shall submit as part of the
application the method and arrangement whereby these private
facilities shall be operated and maintained. Such arrangements for
operating and maintaining private facilities shall be subject to the
approval of the City Council. (Ord. 1973-56A, 3-28-74)
10-13-9: PLANNED DEVELOPMENTS IN ZONING DISTRICTS:
1. See Sections 11-3-2 and 11-4-3 and Title 9, Chapter 1, respectively, of this Code.
City of Yorkville
10-13-9-1 10-13-9-1
10-13-9-1: RESIDENTIAL PLANNED DEVELOPMENTS: For planned
developments located in one or more residence districts,
exceptions may be made in the regulations of such districts, as follows:
A. Use Regulations:
1. In the R-1, R-2 and R-3 Districts, uses listed as permitted uses
are allowed, and single-family attached, single-family detached and
multiple-family dwellings may be allowed.
2. Uses listed as permitted uses in the R-4 District are allowed, and
uses listed as permitted uses in the B-1 District may be allowed.
3. Uses listed as special uses in the zoning district in which the
development is located may be allowed.
4. In developments containing over fifty (50) dwelling units, uses
specifically as permitted and special uses in the B-1 Limited Retail
Business District may be allowed; provided, that such uses and
accessory uses shall not occupy more than ten percent (10%) of the
gross floor area of the development.
B. Bulk Regulations:
1. Gross Density Premiums: The maximum gross densities for
residential planned developments may be increased up to a
maximum of fifteen percent (15%), in accordance with and when the
development includes one or more of the following:
a. Is adjacent to or across from a public or permanent open
space which is not less than ten (10) acres in area with a depth
perpendicular to a lot line of the planned development of not less
than three hundred feet (300').
b. For the dedication of public recreational and educational sites
recommended in the Comprehensive Plan' - equal to the number of
dwelling units that would otherwise have been permitted upon lands
so dedicated.
c. For the provisions of unique design features which require
unusually high development costs and which tend to achieve an
1. See Title 9, Chapter 1 of this Code.
City of Yorkville
10-13-9-1 10-13-9-3
especially attractive and stable development - as determined by the
City Planning Commission.
d. In the R-4 District, for the provision of permanent open space
at grade, in addition to required yards - a percentage equal to two
(2) times the percentage of the site devoted to such use.
C. Yards: Yard requirements may be varied or waived, except along the
perimeter of the development.
D. Signs: In accordance with the regulations set forth in Chapter 12 of
this Title.
E. Off-Street Parking and Loading: In accordance with the regulations
set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74)
10-13-9-2: BUSINESS PLANNED DEVELOPMENTS: For planned
developments located in one or more business districts,
exceptions may be made in the regulations of such districts, as follows:
A. Use Regulations: Uses listed as permitted and special uses in the
residential and business districts are allowed.
B. Gross Density: In the B-1 and B-2 Districts, not more than twelve
(12) dwelling units per gross acre; except, that an efficiency unit
shall be counted as sixty seven one-hundredths (0.67) of a dwelling
unit, and a lodging room as five-tenths (0.5) of a dwelling unit.
C. Signs: In accordance with the regulations set forth in Chapter 12 of
this Title.
D. Off-Street Parking and Loading: In accordance with the regulations
set forth in Chapter 11 of this Title.
E. Performance Standards: In accordance with the standards of the
district in which the development is located. (Ord. 1973-56A,
3-28-74)
10-13-9-3: INDUSTRIAL PLANNED DEVELOPMENTS: For planned
developments located in one or more industrial districts,
exceptions may be made in the regulations of such districts, as follows:
City of Yorkville
10-13-9-3 10-13-9-3
A. Use Regulations: Uses listed as permitted and special uses in the
commercial and manufacturing districts.
B. Bulk Regulations:
1. Yards: Yard requirements may be waived, except along the
exterior boundaries of the development.
2. Floor Area Ratio: Floor area ratio requirements of the district are
applicable to the entire planned development and not to specific
uses which may be located within the planned development. For this
purpose, the net site area shall be used in the computation.
C. Signs: In accordance with the regulations set forth in Chapter 12 of
this Title.
D. Off-Street Parking and Loading: In accordance with the regulations
set forth in Chapter 11 of this Title.
E. Performance Standards: In accordance with the requirements of the
prevailing district. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-14-1 10-14-2
CHAPTER 14
ZONING ADMINISTRATION AND ENFORCEMENT
SECTION:
10-14- 1: Enforcement
10-14- 2: Plan Commission
10-14- 3: Building Permits
10-14- 4: Certificate of Occupancy
10-14- 5: Variations
10-14- 6: Special Uses
10-14- 7: Amendments
10-14- 8: Annexation Agreements
10-14- 9: Fees
10-14-10: Penalties
10-14-1: ENFORCEMENT:
A. Zoning Officer: The City Building Inspector, hereinafter referred to as
the "Officer", is designated as the Zoning Officer of the City, to be
responsible for enforcing this Title. Said Officer shall have the power
and shall see that the provisions of this Title are properly enforced.
B. City Officers, Employees and Citizens: It shall also be the duty of all
officers, citizens and employees of the City, particularly of all
members of the Police and Fire Departments, to assist the Building
Inspector by reporting to him any new construction, reconstruction,
improved land uses or upon any seeming violation. (Ord. 1973-56A,
3-28-74)
10-14-2: PLAN COMMISSION: The City Plan Commission, which has
been duly created by the Mayor', shall have the authority,
responsibility and duties as set forth herein and as follows:
1. See Title 2, Chapter 1 of this Code.
City of Yorkville
10-14-2 10-14-3
A. To hear and report findings and recommendations to the Mayor and
City Council on all applications for amendments and special use
permits in the manner prescribed by standards and other regulations
set forth herein.
B. To initiate, direct and review, from time to time, studies of the
provisions of this Title, and to make reports of its recommendations
to the Mayor and City Council not less frequently than once each
year.
C. To hear and decide all matters upon which it is required to pass
under this Title. (Ord. 1973-56A, 3-28-74)
10-14-3: BUILDING PERMITS:
A. Building Permit:
1. Permit Required: No building or structure shall be erected,
reconstructed, enlarged or moved until a building permit shall have
been applied for in writing and issued by the Officer. Said permit
shall be posted in a prominent place on the premises prior to and
during the period of erection, reconstruction, enlargement or moving.
2. Compliance With Provisions: Before a permit is issued for the
erection, moving, alteration, enlargement or occupancy of any
building or structure or use of premises, the plans and intended use
shall indicate conformity in all respects to the provisions of this Title.
3. Site Plan: Every application for a building permit submitted to the
Officer shall be accompanied by a site plan, drawn to scale, showing
the lot and the building site and the location of existing building on
the lot, accurate dimensions of the lot, yards and building or
buildings, together with locations and uses, together with such other
information as may be necessary to the enforcement of this Title.
B. Sign Permit: No sign shall be erected, reconstructed, enlarged or
moved until a sign permit shall have been applied for in writing and
issued by the Officer'. (Ord. 1973-56A, 3-28-74)
1. See Chapter 12 of this Title.
City of Yorkville
10-14-4 10-14-4
10-14-4: CERTIFICATE OF OCCUPANCY:
A. Certificate Required:
1. A certificate of occupancy to be issued by the Officer shall be
required for any of the following, except buildings incidental to
agricultural operations other than residences:
a. Occupancy and use of a building hereafter erected or
enlarged.
b. Change in 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 nonconforming use.
2. No such occupancy, use or change of use shall take place until a
certificate of occupancy therefor shall have been issued.
B. Application for Certificate; Action on:
1. Written application for a certificate of occupancy for a new
building or for an existing building which has been enlarged shall be
made at the same time as the application for the zoning permit for
such building. Said certificate shall be acted upon within three (3)
days after a written request for the same has been made to the
Officer after the erection or enlargement of such building or part
thereof has been completed in conformance with the provisions of
this Title.
2. Written application for a certificate of occupancy for the use of
vacant land, or for a change in the use of land or of a building, or for
a change in a nonconforming use, as herein provided, shall be made
to the Officer. If the proposed use is in conformity with the provisions
of this Title, the certificate of occupancy therefor shall be issued
within three (3) days after the application for the same has been
made.
C. Temporary Certificate of Occupancy: Pending the issuance of such a
certificate, a temporary certificate of occupancy may be issued by
City of Yorkville
10-14-4 10-14-5
the Officer for a period of not more than six (6) months during the
completion of the construction of the building or of alterations which
are required under the terms of any law or ordinance. Such
temporary certificate may be renewed, but it shall not be construed
in any way to alter the respective rights, duties or obligations of the
owner or of the City relating to the use or occupancy of the land or
building, or any other matter covered by this Title, and such
temporary certificates shall not be issued except under such
restrictions and provisions as will adequately insure the safety of the
occupants.
D. Contents of Certificates: Each certificate of occupancy shall state
that the building or proposed use of a building or land complies with
all provisions of this Title.
E. Records Kept: A_record of all certificates of occupancy shall be kept
on file in the office of the Officer and a copy shall be forwarded, on
request, to any person having proprietary or tenancy interest in the
building or land affected. (Ord. 1973-56A, 3-28-74)
10-14-5: VARIATIONS:
A. Authority: The Zoning Board of Appeals, after a public hearing, may
determine and vary the regulations of this Title in harmony with their
general purpose and intent, only in the specific instances hereinafter
set forth, where the Board of Appeals makes findings of fact in
accordance with the standards hereinafter prescribed, and further
finds that there are practical difficulties or particular hardships in the
way of carrying out the strict letter of the regulations of this Title.
B. Application for Variation; Hearing: An application for a variation shall
be filed in writing with the Officer. The application shall contain such
information as the Zoning Board of Appeals may from time to time,
by rule, require. Variations other than those authorized by this
Section on which the Zoning Board of Appeals may act shall be
submitted to the Zoning Board of Appeals and acted on in the
following manner:
1. Notice of Hearing: The Zoning Board of Appeals shall publish
notice of a public hearing on such application for variation, stating
the time and place and the purpose of the hearing. Notice shall be
published at least fifteen (15) days but not more than thirty (30) days
in a paper of general circulation in the City. Notice of the public
hearing may be mailed to the petitioner and the owners of all
City of Yorkville
10-14-5 10-14-5
property deemed by the Zoning Board of Appeals to be affected
thereby.
2. Decisions by Zoning Board of Appeals; Council Action: The
Zoning Board of Appeals shall, within thirty (30) days after the public
hearing or hearings, make its recommendations to the City Council
in writing. The City Council shall then act upon such petition for
variation within a reasonable time.
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 and the following:
a. Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations was carried
out.
b. The conditions upon which the petition for a variation is based
are unique to the property for which the variation is sought and are
not applicable, generally, to other property within the same zoning
classification.
c. The alleged difficulty or hardship is caused by this Title and
has not been created by any person presently having an interest in
the property.
d. The granting of the variation will not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
e. The proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion in the public streets, or increase the danger to the public
safety, or substantially diminish or impair property values within the
neighborhood.
1. S.H.A. 65 ILCS 5/11-13-5.
City of Yorkville
10-14-5 10-14-5
2. The Zoning Board of Appeals may impose such conditions and
restrictions upon the premises benefitted 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 not more than twenty
five percent (25%).
b. To permit the use of a lot or lots for a use otherwise
prohibited solely because of insufficient area or widths of the lot or
lots but in no event shall the respective area and width of the lot or
lots be less than ninety percent (90%) of the required area and
width. The percentage set forth in this paragraph is not to be
reduced by any other percentage for minimum lot width and area set
forth in this Title.
c. To permit the same off-street parking facility to qualify as
required facilities for two (2) or more uses, provided the substantial
use of such facility by each use does not take place at approximately
the same hours of the same days of the week.
d. To reduce the applicable off-street parking or loading facilities
required by not more than one parking space or loading space, or
twenty percent (20%) of the applicable regulations, whichever
number is greater.
e. To increase by not more than twenty five percent (25%) the
maximum distance that required parking spaces are permitted to be
located from the use served.
f. To increase by not more than twenty percent (20%) the gross
area of any sign.
g. To increase by not more than ten percent (10%) the maximum
gross floor area of any use so limited by the applicable regulations.
City of Yorkville
10-14-5 10-14-6
h. To exceed any of the authorized variations allowed under this
subsection when a lot of record or a zoning lot, vacant or legally
used on the effective date hereof, is, by reason of the exercise of the
right of eminent domain by any authorized governmental domain
proceeding, reduced in size so that the remainder of said lot of
record or zoning lot or structure on said lot does not conform with
one or more of the regulations of the district in which said lot of
record or zoning lot or structure is located.
i. The concurring vote of four (4) members of the Zoning Board
of Appeals shall be necessary to grant a variation.
2. Variations other than those listed may be granted by the City
Council, but only after a public hearing as set forth herein for an
authorized variation. The concurring vote of two-thirds (Z/3) of the
elected members of the City Council shall be necessary to reverse
the recommendations of the Zoning Board of Appeals. (Ord.
1973-56A, 3-28-74)
10-14-6: SPECIAL USES:
A. Purpose: The development and execution of a zoning ordinance is
based upon the division of the City into districts, within which
districts the use of land and buildings and the bulk and location of
buildings and structures in relation to the land are substantially
uniform. It is recognized, however, that there are uses which,
because of their unique characteristics, cannot be properly classified
in any particular district or districts without consideration, in each
case, of the impact of those uses on neighboring land and of the
public need for the particular use at the particular location. Such
special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public
interest.
2. Uses entirely private in character but of such an unusual nature
that their operation may give rise to unique problems with respect to
their impact upon neighboring property or public facilities.
B. Initiation of Special Uses: Any person owning or having an interest in
the subject property may file an application to use such land for one
or more of the special uses provided for in this Title in the zoning
district in which the land is situated.
City of Yorkville
10-14-6 10-14-6
C. Application for Special Use: An application for a special use or
expansion of a special use shall be filed with the City Clerk and shall
be accompanied by such plans or data as prescribed by the Plan
Commission from time to time.
D. Hearing on Application: Upon receipt of the application referred to
above, the Plan Commission shall hold at least one public hearing.
At least fifteen (15) days in advance of such hearing, but not more
than thirty (30) days, notice of the time, place and purpose of such
hearing shall be published in a newspaper of general circulation in
the City.
E. Authorization: For each application for a special use, the Plan
Commission shall report to the City Council its findings and
recommendations, including the stipulations of additional conditions
and guarantees that such conditions will be complied with when they
are deemed necessary for the protection of the public interest. The
City Council may grant or deny any application for a special use;
provided, however, that in the event of written protest against any
proposed special use, signed and acknowledged by the owners of
twenty percent (20%) of the frontage adjacent thereto, or across an
alley, or directly opposite therefrom, such special use shall not be
granted except by the favorable vote of two-thirds (2/3) of all
members of the City Council
F. Standards: No special use shall be recommended by the Plan
Commission unless said Commission shall find that:
1. The establishment, maintenance or operation of the special use
will not be unreasonably detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of
other property in the immediate vicinity for the purpose already
permitted, nor substantially diminish and impair property values
within the neighborhood.
3. The establishment of the special use will not impede the normal
and orderly development and improvement of surrounding property
for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary
facilities have been or are being provided.
City of Yorkville
10-14-6 10-14-7
5. Adequate measures have been or will be taken to provide ingress
or egress so designed as to minimize traffic congestion in the public
streets.
6. The special use shall in all other respects conform to the
applicable regulations of the district in which it is located, except as
such regulations may in each instance be modified by the City
Council pursuant to the recommendations of the Plan Commission.
(Ord. 1973-56A, 3-28-74)
10-14-7: AMENDMENTS:
A. Initiation: Amendments may be proposed by the Mayor and City
Council, the Plan Commission, the Zoning Board of Appeals or any
property owner.
B. Processing:
1. Filing of Application; Contents: An application for an amendment
shall be filed with the City Clerk. The application shall be
accompanied by such plans or data and such other information as
specified by the Plan Commission, and shall include a statement in
writing by the applicant and adequate evidence showing that the
proposed amendments will conform to the standards set forth herein.
Copies of such application shall be forwarded by the City Council to
the Plan Commission with the request to hold a public hearing.
2. Notices: The Plan Commission shall give notices of the public
hearings to the applicant and to the owners or occupants of other
properties which may be affected as determined by the Plan
Commission. All notices shall be in writing and shall give the time,
place and purpose of such hearing and shall be mailed not more
than thirty (30) days in advance of such hearing. The notice shall be
sent by certified mail, properly addressed as shown on the Tax
Assessor's rolls and with sufficient postage affixed thereto, with
return receipt requested.
3. Publication: The Zoning Officer shall cause a notice of time, place
and purpose of such hearing to be published in a newspaper of
general circulation within the City of Yorkville no more than thirty
(30) days nor less than fifteen (15) days in advance of such hearing.
4. Hearing: Upon receipt in proper form of the application and
statement referred to above, the Plan Commission shall hold at least
City of Yorkville
10-14-7 10-14-7
one public hearing on the proposed amendment. However, the Plan
Commission may continue from time to time the hearing without
further notice being published. (Ord. 1973-56A, 3-28-74)
5. Findings of Fact and Recommendation of the Plan Commission:
Within forty five (45) days after the close of the hearing on a
proposed amendment, the Plan Commission shall make written
findings of fact and shall submit same, together with its
recommendations to the Mayor and City Council. Where the purpose
and effect of the proposed amendment are to change the zoning
classification of particular property, the Plan Commission shall make
findings based upon the evidence presented to it in each specific
case with respect to the following matters:
a. Existing uses of property within the general area of the
property in question.
b. The zoning classification of property within the general area of
the property in question.
c. The suitability of the property in question to the uses
permitted under the existing zoning classification.
d. The trend of development, if any, in the general area of the
property in question, including changes, if any, which have taken
place since the day the property in question was placed in its
present zoning classification.
e. The impact that such reclassification and/or annexation will
have upon traffic and traffic conditions on said routes; the effect, if
any, such reclassification and/or annexation would have upon
existing accesses to said routes; and the impact of additional
accesses as requested by the petitioner upon traffic and traffic
conditions and flow on said routes. (Ord. 1976-43, 11-4-76)
C. Decisions:
1. Plan Commission:
a. The Plan Commission may hear a request for any change in
zoning and may recommend a zoning classification more restrictive
than that requested. A concurring vote of a majority of those
members present at the meeting with a minimum of three (3)
concurring votes shall be required to recommend granting or denying
an application for an amendment.
City of Yorkville
10-14-7 10-14-8
b. Report to the City Council shall contain number present and
number of votes for against the motion.
2. Mayor and City Council:
a. The Mayor and City Council, upon receiving the
recommendation of the Plan Commission, may grant or deny any
proposed amendment in accordance with applicable Illinois statutes
or may refer to the Plan Commission for further consideration.
b. If an application for a proposed amendment is not acted upon
finally by the City Council within six (6) months of the date upon
which such application is received by the Mayor and City Council, it
shall be deemed to have been denied. (Ord. 1973-56A, 3-28-74)
10-14-8: ANNEXATION AGREEMENTS:
A. Petition for Annexation Agreement: All annexation agreements shall
be initiated by the filing of a petition with the City Clerk. Such
petitions shall be verified under oath by all the record title owners,
including mortgage holders, of all the lands included within the
annexation agreement.
B. Request for Zoning Amendments or Variations:
1. All petitions for annexation agreement requesting a zoning
classification other than the zoning classification assigned to lands
annexed to the City or for variations shall be processed in the same
manner as a petition for a request for zoning amendments or
variations, as provided herein, for lands within the jurisdictional limits
of the City. All such requests for zoning amendments or variations
shall be accompanied by the fees as provided in Section 10-14-9 of
this Chapter, and the said fees shall be paid at the time of filing the
petition for annexation agreement.
2. The Plan Commission and Zoning Board of Appeals, after
consideration and hearing of the request for zoning amendment or
variations incidental to the part of petitions for annexation
agreement, shall make specific findings of fact and recommendations
with respect to zoning amendments or variations upon the property
included within the annexation agreement, as in all cases within the
jurisdictional limits of the City.
City of Yorkville
10-14-8 10-14-9
C. Other Annexation Agreement Requests: In all cases of petitions for
annexation agreement which do not include requests for zoning
classifications, other than those assigned to property annexed to the
City, or a request for variations, the City Council may refer the
petition to such committees or bodies as it deems appropriate, or as
required by law, for study and recommendations. Upon receiving the
recommendations of such committees or bodies, or, if no such
referral is made, the City Council and Mayor of the City shall set the
time and place of public hearing and the City Clerk shall cause
notice of the said hearing to be published in the manner specified in
subsection D hereof.
D. Public Notice and Hearing: At the conclusions of the hearings before
the City Plan Commission and Zoning Board of Appeals, and upon
those bodies reporting their specific findings and recommendations,
the Mayor and City Council shall set the time and place for hearing
on the petition for annexation agreement. Thereafter, the City Clerk
shall cause public notice, as provided in the statutes, to be published
one time in a newspaper of general circulation in the City of
Yorkville, giving notice of the time and place of the public hearing for
the annexation agreement before the Mayor and City Council, said
notice to be published not less than fifteen (15) nor more than thirty
(30) days prior to public hearing before the said Mayor and Council.
(Ord. 1973-56A, 3-28-74)
10-14-9: FEES':
A. Fee Schedule: A certified check shall accompany an application form
for an amendment, appeal, special use, temporary use, variation or
zoning certificate. The fee shall be based on the following schedule:
Minimum or
Fixed Fee Maximum Fee
AMENDMENTS
To the text of the Title $ 85.00 $ 300.00
1. See Section 1-7-8 of this Code for development fees for extending Municipal services and
Section 1-7-9 of this Code for annexation and zoning fees.
City of Yorkville
10-14-9 10-14-9
Minimum or
Fixed Fee Maximum Fee
To the Zoning Map
Base fee $ 85.00
For each acre, up to and including 10.00 $ 500.00
20 acres
For each acre in excess of 5.00
20 acres
APPEALS FROM DECISIONS OF THE $ 85.00
ZONING ADMINISTRATOR
SPECIAL USES
Planned Developments
Base fee $300.00
For each acre up to and including 10.00 $2,500.00
20 acres
For each acre in excess of 5.00
20 acres
All Other Special Uses
Base fee $250.00 $ 500.00
For each acre 5.00
TEMPORARY USES $ 25.00
VARIATIONS $ 85.00
ZONING CERTIFICATES
Single-Family Residences $ 5.00
All Others 25.00
B. Minimum Fees: The minimum fees are established to cover the
expenses that may be incurred due to staff time plus consultant's
time required to review and process such application, and other
expenses such as printing and publication of notices, postage and
other costs. The minimum fees are payable at the time of filing of
application for any request covered above.
C. Maximum Fees: The maximum fees are established to reimburse the
City for charges incurred over and above the minimum fees due to
the complexity of the project to be reviewed and also due to studies
that may be needed in addition to those provided by the petitioner.
The maximum fees are payable upon receipt of an invoice from the
City during the course of processing the petition. The City shall
City of Yorkville
10-14-9 10-14-10
invoice the petitioner for expenses in excess of the minimum fees
already paid at the time of submission. The petitioner shall not be
invoiced more than once a month. The total sum of the fees charged
to the petitioner shall not exceed the amount stated as maximum
fee.
D. Consultants' Fees and Payment to City Personnel:
1. Payment to all consultants retained by the City in any capacity
connected with the application shall be based on mutually agreed
upon contracts formally authorized by the City Council. The
computation of the City's staff time shall be based on salaries of the
City personnel involved plus fifty percent (50%) to cover overhead
and administration.
2. At no time shall there be any transfer of funds from any developer
to any consultant or City staff personnel. All payment to consultants
shall be executed only under the conditions specified in the
paragraph above, and the developers shall be invoiced directly and
solely by the City. (Ord. 1973-56A, 3-28-74)
10-14-10: PENALTIES: Any person who violates, disobeys, omits,
neglects, refuses to comply with or who resists enforcement
of any of the provisions of this Title shall be fined as provided in Section
1-4-1 of this Code. (Ord. 1973-56A, 3-28-74; 1994 Code)
City of Yorkville
10-15-1 10-15-1
CHAPTER 15
TOWER AND ANTENNA REGULATIONS
SECTION:
10-15-1: Definitions
10-15-2: Applicability
10-15-3: General Requirements
10-15-4: Permitted Uses
10-15-5: Special Uses And Miscellaneous Uses
10-15-6: Nonconforming Uses
10-15-7: Annual Reporting Of Information
10-15-1: DEFINITIONS:
ALTERNATIVE Manmade trees, clock towers, bell steeples,
TOWER STRUCTURE: 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 Those structures which include the radiating
STRUCTURES: 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 The lines that connect a provider's towers/cell
NETWORK: 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.
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10-15-1 10-15-1
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 A tower or antenna which is either: a) virtually
ANTENNA AND invisible to the casual observer, such as an
TOWERS: 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 Any facility for the provision of personal wireless
WIRELESS FACILITY: services as defined by the FCC or any
successor agency.
PERSONAL Commercial mobile services, unlicensed
WIRELESS SERVICES: wireless services and common carrier wireless
exchange access services as defined by the
FCC or any successor agency.
PREEXISTING Any tower or antenna for which a building
TOWERS OR permit or conditional use permit has been
ANTENNAS: 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,
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City of Yorkville
10-15-1 10-15-2
and the like. The term includes the structure
and any support thereto.
TOWER AND Shall refer to this chapter.
ANTENNA
ORDINANCE:
UNLICENSED That service which offers telecommunications
WIRELESS SERVICE: services using duly authorized devices which do
not require individual licenses issued by the
FCC, but does not mean the provision of direct
to home satellite services as defined by the
FCC or any successor agency. (Ord. 2000-8,
3-23-2000)
10-15-2: APPLICABILITY:
A. New Towers And Antennas: All new towers or antennas in Yorkville
shall be subject to these regulations, except as provided in
subsections B through D of this section inclusive.
B. Amateur Radio Station Operator/Receive Only Antennas: This
chapter shall not govern any tower, or the installation of any
antenna, that is under eighty feet (80') in height and is owned and
operated by a federally licensed amateur radio station operator or is
used exclusively for receive only antennas. No receive only antenna
shall exceed the highest point on the nearest residential rooftop of a
dwelling by more than ten feet (10').
C. Preexisting Towers Or Antennas: Existing towers and existing
antennas which predated this chapter, shall not be required to meet
the requirements of this chapter other than the requirements of
subsections 10-15-3E, F, H and R of this chapter. All preexisting
towers and antennas shall be subject to the tower and antenna
administrative fee as of January 1 following the effective date hereof.
D. AM Array: For purposes of implementing this chapter, AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be
considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000)
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10-15-3 10-15-3
10-15-3: GENERAL REQUIREMENTS:
A. Special Or Miscellaneous Use: Antennas and towers may be
considered either special or miscellaneous uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
B. Lot Size: For purposes of determining whether the installation or a
tower or antenna complies with Yorkville's development regulations,
including, but not limited to, setback requirements, lot coverage
requirements, and other such requirements, the dimensions of the
entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lot.
C. Inventory Of Existing Sites: Each applicant for approval of an
antenna and/or tower shall provide to the zoning officer an inventory
of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of Yorkville or within
one mile of the border thereof, including specific information about
the location, height, and design of each tower. The zoning officer
may share such information with other applicants applying for
administrative approvals or special use permits under this chapter or
other organizations seeking to locate antennas within the jurisdiction
of Yorkville, provided, however that the zoning officer is not, by
sharing such information, in any way representing or warranting that
such sites are available or suitable.
D. Aesthetics: Towers and antennas shall meet the following
requirements:
1. Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color so
as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural
settings and surrounding buildings.
3. If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
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City of Yorkville
10-15-3 10-15-3
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.
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City of Yorkville
10-15-3 10-15-3
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 avid individual notice by the
city of Yorkville to all abutting property owners and all properties that
are located within two hundred fifty feet (250') of the zoning lot in
question. Streets, alleys and watercourses shall not be considered in
the determination of "abutting" nor in calculating the two hundred fifty
feet (250').
L. Signs: No signs shall be allowed on an antenna or tower other than
those required by the FCC.
M. Buildings And Support Equipment: Buildings and support equipment
associated with antennas or towers shall comply with the
requirements of subsection 10-15-5K of this chapter.
N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all
plans for towers and antenna sites to be submitted in a single
application for approval of multiple towers and/or antenna sites.
Applications for approval of multiple sites shall be given priority in
the review process.
O. Antenna On Existing Structures: Any antenna which is not attached
to a tower may be 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 construc-
tion of new towers, provided such collocation is accomplished in a
manner consistent with the following:
April 2002
City of Yorkville
10-15-3 10-15-3
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
April 2002
City of Yorkville
10-15-3 10-15-3
subsection P and the requirements of this subsection; c) the tower
meets the setback and separation requirements in subsection
10-15-5E of this chapter; and d) the tower meets the following height
and usage criteria:
a. For a single user, up to and including one hundred twenty feet
(120') in height;
b. For two (2) users, up to one hundred fifty feet (150') in height;
and
c. For three (3) or more users, up to and including one hundred
eighty feet (180') in height.
Q. Roadway Access: All sites on which antenna, antenna structures and
towers are located must have a passable roadway access of
compacted macadam base not less than seven inches (7) thick
surfaced with not less than two inches (2") of asphaltic concrete or
some comparable dustless material.
R. Fencing: The structures upon any site upon which an antenna,
antenna structure, or tower is located shall be surrounded by an
opaque screen which is no less than six feet (6') in height and
equipped with an appropriate anticlimbing device. Screening
materials shall include either wooden or chainlink fencing. Shrubbery
and bushes shall be required, in addition to the wooden or chainlink
fence, unless specifically waived by Yorkville in its discretion in
appropriate cases.
S. Disguised Structures: The provider of an antenna, antenna structure,
or tower may propose to disguise the proposed antenna, antenna
structure or tower. Any such disguise must be aesthetically
consistent with the character of the surrounding area and
environment, and be constructed in such a manner where the health
or safety of Yorkville residents shall not be endangered. Yorkville
may require the disguise of an antenna, antenna structure or tower
as a condition of approval of a building permit or special use permit
if the antenna, antenna structure or tower is to be erected on a golf
course or other public recreational area. (Ord. 2000-8, 3-23-2000)
T. Annual Administrative Fee And Certifications:
1. The annual administration fee payable to the city of Yorkville by
any owner and/or operator of an antenna, antenna structure, or
tower shall be the sum of thirty five dollars ($35.00) which shall be
April 2002
City of Yorkville
10-15-3 10-15-4
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. (Ord.
2001-51, 9-21-2001)
The city of Yorkville reserves the right to increase or decrease the
amount of the administrative fee as it deems necessary. A separate
administrative fee shall be paid by each user or collocator on a
tower.
U. Permit Required: Prior to the construction of an antenna, antenna
structure or tower the provider of the radio, television, or
telecommunications services shall obtain a permit from Yorkville for
the erection of such antenna, antenna structure or tower. An
applicant for a permit for an antenna, antenna structure, or tower
shall pay a fee in accordance with the fee schedule set forth in
section 10-14-9 of this title, plus any reasonable legal, engineering,
or consulting fees at the conclusion of the review.
V. Waiver Of Provisions: An applicant can request a waiver of any
provision of this chapter upon the showing of appropriate justification
and benefit to the public. Such request shall be treated as a request
for a variance and the appropriate procedures thereto shall apply.
(Ord. 2000-8, 3-23-2000)
10-15-4: 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
April 2002
City of Yorkville
10-15-4 10-15-5
which is located in a flood plain, so long as said antennas or towers
conform to all other requirements of this title:
1. Antennas and towers located on property owned, leased, or
otherwise controlled by Yorkville, particularly and expressly including
Yorkville's water tower sites, and city hall and police station sites,
provided that a lease authorizing such antenna, antenna structure, or
tower has been approved by Yorkville.
2. Antennas or towers are permitted to be located on the Burlington
Northern Railroad easement running southwest and northeast
through Yorkville, subject to subsections 10-15-3D through V of this
chapter.
3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000)
10-15-5: SPECIAL USES AND MISCELLANEOUS USES:
A. General Provisions:
1. Radio and telecommunications antenna, antenna structures and
towers used for personal wireless facilities, personal wireless
services, radio transmission, or television transmission shall be
subject to the special use provisions contained within section
10-14-6 of this title and applications for special use permits shall be
subject to the procedures and requirements of this title, except as
modified in this chapter.
2. In granting a special use permit, the plan commission may impose
conditions to the extent the plan commission concludes such
conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
3. Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified by
a licensed professional engineer.
4. An applicant for a special use permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution of the city council of Yorkville to reimburse Yorkville for
the cost of reviewing the application.
5. Antennas, antenna structures and towers shall be allowed as
special uses only consistent with all of the requirements of this
April 2002
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10-15-5 10-15-5
chapter in the following zoning districts: R-1 (one-family residence —
golf course, public utility facilities, public service use facilities with
radio or TV tower sites only), R-2 (one-family residence — golf
course, public utility facilities, public service use facilities with radio
or TV tower sites only), B-1 (limited business district), B-2 (general
business district), B-3 (service business district), B-4 (business
district), and A-1 (agricultural district).
6. Antennas, antenna structures and towers shall be allowed as
miscellaneous uses only consistent with all of the requirements of
this chapter in the following zoning districts: M-1 (limited
manufacturing district), and M-2 (general manufacturing district).
B. Information Required: In addition to any information required for
applications for special use permits referenced above, each
petitioner requesting a special use permit under this chapter for an
antenna, antenna structures, and tower shall submit a scaled site
plan and a scaled elevation view and other supporting drawings,
calculations, and other documentation signed and sealed by
appropriate licensed professionals, showing the location, type and
dimensions of all improvements, including information concerning
topography, radio frequency coverage, tower height requirements,
setbacks, drives, proposed means of access, parking, fencing,
landscaping, adjacent uses, adjacent roadway, and other information
deemed necessary by Yorkville to be necessary to assess
compliance for this chapter. In addition, the following information
shall be supplied:
1. Legal description of the parent track and leased parcel (if
applicable);
2. The setback distance between the proposed structure and the
nearest residential unit, platted residentially zoned properties and
unplatted residentially zoned property;
3. The separation distance from other structures in the inventory of
existing sites submitted pursuant to subsection 10-15-31D 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;
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10-15-5 10-15-5
5. The method of fencing and finish color and, if applicable, the
method of camouflage and illumination;
6. A description of compliance with subsections 10-15-3C, E, F, G,
H, I, and M of this chapter and all applicable federal, state or local
laws;
7. A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users;
8. Identification of the entities providing the backhaul network for the
structure(s) described in the application and other cellular sites
owned or operated by the applicant in Yorkville;
9. A description of the suitability of the use of existing towers, other
structures or alternative technology not requiring the use of towers or
structures to provide the services to be provided through the use of
the proposed new tower; and
10. A description of the feasible location(s) of future towers or
antennas within Yorkville based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
C. Factors Considered In Granting Special Use Permits: The city of
Yorkville shall consider the following factors in determining whether
to issue a special use permit above and beyond those factors
referenced in section 10-14-6 of is title. The city of Yorkville may
waive or reduce the burden on the petitioner of one or more of these
criteria if Yorkville concludes that the goals of this chapter are better
served thereby.
1. Height of the proposed antenna, antenna structure or tower;
2. Proximity of the antenna, antenna structure or tower to residential
structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
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10-15-5 10-15-5
6. Design of the antenna, antenna structure or tower, with particular
reference to design characteristics that have the effect of reducing or
eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing antennas, antenna structures,
towers, alternative power structures and other structures, or
alternative technologies not requiring the use of towers or structures
as discussed elsewhere in this chapter.
D. Height: No antenna, antenna structure, or tower shall exceed a
height of one hundred (100) linear feet in aerial height. Where an
arm has been installed to facilitate collocation of an additional
antenna on the existing antenna structure or tower, the arm shall not
exceed a length of twelve (12) linear feet.
E. Setbacks And Separation:
1. Setbacks: Antennas, antenna structures or towers must be set
back a distance equal to the height of the antenna, antenna
structure, or tower from any off site, residential structure. Antenna
structures, guy lines, and equipment shelters must satisfy the
minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1,
M-2, and A-1 zoning districts.
2. Separation: The following separation requirements shall apply to
all towers and antennas for which a special use permit is required;
provided, however, that the plan commission may reduce the
standard separation requirements if the goals of this chapter would
be better served thereby, or if enforcement of said setback would
effectively prohibit said tower:
a. Separation from off site uses/designated area:
(1) Tower separation shall be measured from the base of the
tower to the lot line of the off site uses and/or designated
areas as specified in table 1 of this section, except as
otherwise provided in table 1 of this section.
(2) Separation requirements for towers shall comply with the
minimum standards established in table 1 of this section.
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TABLE 1
Off Site Use/Designated Area Separation Distance
Single-family or duplex residential 500 feet
units principal building
Vacant single-family or duplex 500 feet
residentially zoned land which
is either platted or has
preliminary subdivision plan
approval which is not expired
Vacant unplatted residentially 500 feet
zoned lands, including unplatted
residential use property without
a valid preliminary subdivision
plan or valid development plan
approval and any multi-family
residentially zoned land greater
than duplex
Existing multi-family residential 100 feet or 100 percent
units greater than duplex of the tower height,
whichever is greater
Nonresidentially zoned lands None. Only setbacks
or nonresidential apply
The Fox River or any watercourse 500 feet, as measured
from the shore
Major highways 500 feet, from the right
of way
b. Separation distances between towers:
(1) Separation distances between towers shall be applicable
for and measured between the proposed tower and
preexisting towers. The separation distances shall be
measured by drawing or following a straight line between the
base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in table 2 of this
section.
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TABLE 2
Existing Towers—Types
Minimum Separation Distances
Monopole Monopole
> 75 < 75
Lattice Guyed Feet High Feet High
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole 500 1,500 250 250
> 75 feet
high
Monopole 250 1,250 250 250
< 75 feet
high
F. Siting On Wetland Prohibited: No antenna, antenna structure, or
tower shall be located in an 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
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10-15-5 10-15-5
for the servicing of the antenna, antenna structure or tower. All such
utilities shall be buried.
J. Signal Interference: No signal transmission from any antenna,
antenna structure, or tower shall interfere with police, fire, public
works or any other governmental radio band signals. In the case of
the possibility of such interference based upon the frequencies
selected for the proposed antenna, antenna structure, or tower, the
petition for special use shall be denied.
K. Equipment Shelter And Equipment Cabinets:
1. Equipment Shelter: A provider of a radio, television, or
telecommunications antenna, antenna structure, or tower may
provide an equipment shelter on the site of the antenna, antenna
structure, or tower. The square footage of the equipment shelter may
not exceed more than twenty percent (20%) of the total square
footage of the antenna, antenna structure or tower ground site or
four hundred fifty (450) square feet, whichever is greater. At any
antenna, antenna structure, or tower site in which more than one
antenna has been collocated, no more than three (3) equipment
shelters shall be allowed. Multiple equipment shelters shall be
contained under one roof if at all practicably possible. No equipment
shelter shall be approved as part of the site plan unless appropriate
electrical power and road ingress and egress facilities are planned
for inclusion at the equipment shelter site.
2. Equipment Cabinets:
a. In residential districts, the equipment cabinet or structure may
be located in a front or side yard provided the cabinet or structure is
no greater than four feet (4') in height or twenty four (24) square feet
of gross floor area and the cabinet/structure is located in a 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
r
April 2002
City of Yorkville
10-15-5 10-15-5
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 thirty
six inches (36").
c. In commercial or industrial districts the equipment cabinet or
structure shall be no greater than six feet (6') in height or sixty four
(64) square feet in gross floor area. The structure or cabinet shall be
screened by a hedge or shrubbery with an ultimate height of eight
feet (8') and a planted height of at least thirty six inches (36"). In all
other instances, structures or cabinets shall be screened from view
of all residential properties which abut or are directly across the
street from the structure or cabinet by a solid fence six feet (6') in
height or a hedge with an ultimate height of eight feet (8') and a
planted height of at least thirty six inches (36").
L. Code Requirements: Any antenna, antenna structure, or tower must
meet code requirements established by the national electrical code,
NFPA 70 and BOCA building code; radio, television towers codes
currently in effect as required by Yorkville and all applicable marking
and lighting standards as established by the federal aviation
administration.
M. Engineering Justification: No new tower shall be permitted unless the
applicant provides justification and demonstrates to the reasonable
satisfaction of the zoning board that no existing tower, structure, or
alternative technology that does not require the use of towers or
structures can accommodate the applicant's proposed antenna. An
applicant shall submit information requested by the zoning board
related to the availability of suitable existing towers, other structures,
or alternative technology. Evidence submitted to demonstrate that no
existing tower, structure, or alternative technology can accommodate
the applicant's proposed antenna may consist of the following:
1. No existing antennas, antenna structures or towers are located
within the geographic area required to meet petitioner's engineering
requirements;
2. Existing antennas, antenna structure, towers or other structures
are not of sufficient height to meet petitioner's engineering
requirements.
3. Existing antennas, antenna structures, towers or other structures
do not have sufficient height to meet petitioner's engineering
requirements;
April 2002
City of Yorkr)ille
10-15-5 10-15-5
4. The petitioner's proposed antenna, antenna structure or tower
would cause electromagnetic interference with the existing antenna,
antenna structure or tower or the antenna on the existing structure
would cause interference with the petitioner's proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in
order to share an existing antenna, antenna structure, or tower or to
adapt to an existing antenna, antenna structure, or tower are
unreasonable. Costs exceeding new antenna, antenna structure, or
tower development are considered unreasonable.
6. The petitioner demonstrates that there are other limiting factors
that render existing antenna, antenna structures, or towers or other
structures unsuitable.
7. The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
micro cell network using multiple low powered transmitters and
receivers attached to a wire line system, is unsuitable. Cost of
alternative technology that exceeds new tower or antenna
development shall not be presumed to render the technology
unsuitable.
N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers:
Any antenna, antenna structure, or tower that is not operated for a
continuous period of twelve (12) months or for which the annual
administrative fee is not paid within a twelve (12) month period shall
be considered abandoned, and the owner of such antenna, antenna
structure, or tower shall remove same from within ninety (90) days of
receipt of written notice from Yorkville notifying the owner of such
abandonment. If such antenna, antenna structure, or tower is not
removed within said ninety (90) days Yorkville shall remove such
antenna, antenna structure, or tower at the owner's expense and file
a lien against the real estate for the cost of removal or such other
action as provided by law. If there are two (2) or more users of a
single antenna, antenna structure, or tower, then this provision shall
not become effective until all users cease using the antenna,
antenna structure, or tower.
O. Collocation: A request for approval of a special use permit for the
installation of an antenna, alternative antenna, antenna structure or
tower, the zoning board may by express condition require that the
applicant shall allow, on a commercially reasonable basis, other
providers of personal wireless telecommunications services to
collocate additional antennas or antenna structures on a
April 2002
City of Yorkville
10-15-5 10-15-7
freestanding pole which is part of applicant's proposed personal
wireless facility, where collocation is technologically feasible. (Ord.
2000-8, 3-23-2000)
10-15-6: NONCONFORMING USES:
A. Prohibited Expansion Of Nonconforming Use: Towers that are
constructed and antennas that are installed in accordance with the
provisions of this chapter shall not be deemed to constitute the
expansion of a nonconforming use or structure.
B. Preexisting Towers: Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of light construction and height) shall
be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this chapter.
C. Rebuilding Damaged Or Destroyed Nonconforming Antennas,
Antenna Structures Or Towers: Notwithstanding any provision in this
chapter to the contrary, bona fide nonconforming antennas, antenna
structures or towers or antennas that are damaged or destroyed may
be rebuilt without having first obtained administrative approval or a
special use permit and without having to meet the separation
requirements specified elsewhere in this chapter. The type, height,
and location of the tower on site shall be of the same type and
intensity as the original facility approved. Building permits to rebuild
a facility shall comply with the then applicable building codes and
shall be obtained within one hundred eighty (180) days from the date
the facility is damaged or destroyed. If no permit is obtained within
the time specified or if said permit expires, the tower or antenna
shall be deemed abandoned as specified in subsection 10-15-5N of
this chapter. (Ord. 2000-8, 3-23-2000)
10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of
an antenna, antenna structure, or tower regulated under this
chapter, and including those previously existing structures which would
have been regulated under this chapter, shall, on an annual basis, furnish
Yorkville, with such information as is required by Yorkville to aid with the
administration of this chapter, such as changes in availability of space on
any tower for collocation of additional antennas, plans to abandon a
position on a tower, thereby leaving space for the possible collocation of
another antenna, plans and/or willingness to modify said tower and antenna
April 2002
City of Yorkville
10-15-7 10-15-7
structure so as to provide for the possibility of collocation, or intentions to
abandon a tower structure, or other nonproprietary information as may be
required by Yorkville. Upon written notice from the city of Yorkville to the
owner thereof, the effective date of this chapter, which tower and/or
antenna structure would otherwise be regulated by this chapter, shall
register with Yorkville, and shall provide such nonproprietary information as
is deemed useful by Yorkville for administration of this chapter. This section
is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000)
i
April 2002
City of Yorkville
STATE OF ILLINOIS ) Drafted 10-30-98
ss.
COUNTY OF KENDALL )
ORDINANCE NO.G 33
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE UNITED
CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS
(Storm Water Detention Exception)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined it necessary to provide an exception to the Storm Water
detention requirements of the Yorkville City Code for small developments due to negligible impact
on the City Storm Water run-off program and because of excessive cost in relation to the benefits
conferred by requiring compliance with storm water standards applicable to larger developments;
and
WHEREAS THE UNITED CITY OF YORKVILLE is in need of modifications to its
Standard Specifications for Improvements; and
WHEREAS THE UNITED CITY OF YORKVILLE by and through its mayor and City
Council deem it to be in the best interest of the UNITED CITY OF YORKVILLE to enact such
modification:
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE that
the following language is added to the UNITED CITY OF YORKVILLE Standard Specifications
in the section titled "Storm Sewer System":
-1-
11. Single-family and duplex residential developments with a gross area of less
than 2.5 acres and all other developments with a gross area of less than 1.25 acres are exempt from
the City's storm water detention requirements. Gross area is defined as the total area of the parcel
of land upon which development occurs. Gross area includes,but is not limited to, all land dedicated
for right-of-ways, parks, easements, common areas, and land to remain under private ownership.
Such,developments shall have a storm sewer system or storm water detention that complies with
these Standard Specifications for Improvement to provide proper site drainage.
PASSED AND APPROVED THIS 4L DAY OF -"� , 1998.
MAYOR
ATTEST: 2�-C� �• n�
CITY CLERK
Prepared by
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
(630) 553-9500
-2-
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
ORDINANCE 2003-3"1 —
AN ORDINANCE AMENDING TITLE 10, CHAPTER 6,ARTICLE 6A,
SECTION 2 OF THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC
PRESERVATION OF STRUCTURES WITHIN THE R-1 ESTATE
CLASS ONE-FAMILY RESIDENTIAL
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to promote, the conservation,protection,
restoration, rehabilitation, use, and overall enhancement of structures having historic significance
within the R-1 Estate Class One-Family Residential District;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined in order to facilitate said historic preservation within the
R-1 Estate Class One-Family Residential District that Section 2 shall be amended to allow the
sale of antiques as a Special Use within said District;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that it is in the best interests of the community to amend
the Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code to add"the sale of
antique goods and property from a structure deemed to have historic significance;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE.
1. That Title 10, Chapter 6,Article 6A, Section 2 of the Yorkville City Code is hereby
amended to allow the following special uses in the R-1 Estate Class One-Family Residential
District;
A. The sale of antique goods and property from a structure deemed to have historic
significance as defined in the United City of Yorkville Overlay Zoning Ordinance
2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
3. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment
shall control.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IF WITNESS WHEREOF, this Ordinance has been enacted this Vay of
2003.
PAUL JAMES L-i MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by m , as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 0+ 'da of
Y � , A.D. 2003.
MAYOR '��
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this da Y of„ , A.D. 2003.
Att
Y C ERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE 2003- 1 O
AN ORDINANCE AMENDING TITLE 10, CHAPTER 8,ARTICLE B, SECTION 1
OF THE YORKVILLE CITY CODE
(M-1 Limited Manufacturing District Amendment)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to classify,regulate and restrict the location of
trades, industries and businesses within the City of Yorkville;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that certain permitted property uses in the M-1 Zoning
Classification are more appropriate as special uses in the M-1 Zoning Classification;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor
and City Council, has determined that it is in the best interests of the community to amend the Title
10, Chapter 8, Article A, Section 1 of the Yorkville City Code to change "building equipment,
building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of
public agencies,or public utilities,or materials or equipment of similar nature"from a permitted use
in the M-1 Limited Manufacturing District to a special use in the M-1 Limited Manufacturing
District;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that certain uses are currently omitted in the M-1 Zoning
Classification;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor
and City Council,has determined that it is in the best interests of the community to amend Title 10,
Chapter 8, Article A, Section 3 of the Yorkville City Code to allow ready mix batch plants and
asphalt manufacturing plants as a special use in the M-1 Limited Manufacturing District;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 8,Article A,Section 3(Special Uses)of the Yorkville City Code is
hereby amended to allow the following special uses in the M-1 Limited Manufacturing District
Zoning Classification:
A. Building equipment,building materials,lumber,coal,sand and gravel yards,and
yards for contracting equipment of public agencies,or public utilities,or materials or equipment of
similar nature,ready mix batch plant, and asphalt manufacturing plant.
2. That the text of Title 10,Chapter 8,Article A, Section 1 (M-1)be amended to reflect this
amendment by removing the changed permitted uses from the text of Article A,Section 1 (M-1)and
that these uses are to be added as Special Uses to the text of Title 10,Chapter 8,Article A,Section 3
3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
4. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment
shall control.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of ,
2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD I ROSE SPEARS
LARRY KOT JOSEPH BESCO
v
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ,day of A.D. 2003.
el
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this W day of A.D. 2003.
( Atte
ITY LERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
I!07A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE 2003- 1
AN ORDINANCE AMENDING TITLE 10, CHAPTER 8,ARTICLE A SECTION 1
OF THE YORKVILLE CITY CODE
(M-1 Permitted Use Zoning Amendment)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to classify,regulate and restrict the location of
trades, industries and businesses within the City of Yorkville;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that certain permitted and appropriate uses are currently
omitted in the M-1 Zoning Classification;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the Mayor
and City Council,has determined that it is in the best interests of the community to amend Title 10,
Chapter 8, Article A, Section 1 of the Yorkville City Code to allow Heavy Machinery and
Equipment Rental Business as a permitted use in the M-1 Limited Manufacturing District;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 8,Article A,Section 1 (Permitted Uses)of the Yorkville City Code
is hereby amended to allow the following permitted uses in the M-1 Limited Manufacturing District:
A. Heavy Machinery and Equipment Rental Business
2. That the text of Title 10, Chapter 8, Article A Section 1 (Permitted Uses) should be
amended by adding"Heavy Machinery and Equipment Rental Business" as a permitted use to the
text of Article A, Section 1 (Permitted Uses).
3. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
4. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment
shall control.
IN WITNESS WHEREOF,this Ordinance has been enacted this y ofr
2003.
PAUL JAMES L MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kenda County, Illinois,
-this 1 At day of �L , A.D. 2003.
, 9
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County; Illinois
this ,,: day ofU , A.D. 2003.
Atte
Y CL RK
Prepared by
Law Office of Daniel J. Kramer
1107A S. Bridge St.
Yorkville,IL 60560
(630) 553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE NO. 010 3• a O
AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 6
OF THE YORKVILLE CITY CODE
(Access to Public Street)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to define,classify,regulate and restrict zoning
within the United City of Yorkville in order to preserve the heath, safety and well being of its
citizens;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that certain sections within the General Zoning Provisions
are in need of clarification;
WHEREAS,THE UNITED CITY YORKVILLE, after careful consideration by the Mayor
and City Council,has determined that it is in the best interests of the community to amend Title 10,
Chapter 3,Section 6 of the Yorkville City Code in order to clarify the definition of"Access to Public
Street";
NOW-THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10,Chapter 3,Section 6(Access to Public Street)of the Yorkville City Code is
hereby amended to read as follows:
"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."
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
WITNESS WHEREOF,this Ordinance has been enacted this f 1 �tay of
1 , 2003.
PAUL JAMES MARTY MUNNS
V' f
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this
it— day of � :D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County. Illinois
this ZA day of R"-fl A.D. 2003.
Attest• ,
FRk
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
s
ORDINANCE 2003-;;;)-1
AN ORDINANCE AMENDING TITLE 10, CHAPTER 7 ARTICLE A, SECTION 6
OF THE YORKVILLE CITY CODE
(O Office District Amendment)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to classify,regulate and restrict the maximum
building height of buildings or structures within the City of Yorkville;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that in order to create architectural and aesthetic diversity
within the community the maximum buildings or structures in the O Office District shall be
increased.
WHEREAS,THE UNITED CITY YOPKVALE,after careful consideration by the Mayor
and City Council,has determined that it is in the best interests of the community to amend the Title
10, Chapter 7, Article A, Section 6 of the Yorkville City Code to change the maximum building
height in the O Office District from twenty-five feet(25')or two(2)stories to thirty-five feet(35')or
three stories;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 7, Article A, Section 6 (Maximum Building Height) off the
Yorkville City Code is hereby amended to allow the following:
"No building or structure shall be erected or altered to exceed a maximum height of
thirty-five(35") or three stories."
2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
3. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment
shall control.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
2003.
IN WITNESS WHEREOF,this Ordinance has been enacted this day of ` n. �
..
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by rxie,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
A'day of �` ,A.D. 2003.
/5f
MAYOR
. t
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
&' dayof- 2t� A.D. 2003.
Att
C CLE
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE 2003- 3l0
AN ORDINANCE AMENDING TITLE 10, CHAPTER 6 ARTICLE E SECTION 6B
OF THE YORKVILLE CITY CODE
(R-4 GENERAL RESIDENTIAL DISTRICT)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to eliminate the footage limitation of the
Maximum Building Height allowable in the R-4 General Residential District within the City of
Yorkville; -
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that in order to create architectural and aesthetic
diversity within the community the footage limitation within the maximum Building Height
Restriction Provision in the R-4 General Residential District shall be eliminated.
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that it is in the best interests of the community to amend
the Title 10, Chapter 6, Article E, Section 6B of the Yorkville City Code to eliminate the
Building Height Restriction Provision in the R-4 General Residential District
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 6,Article F, Section 6B (Maximum Building Height) of the
Yorkville City Code is hereby amended to allow the following:
"All other dwelling types,not more than three(3) stories."
2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
3. That if a conflict shall arise with respect to the Code of this Amendment, this
Amendment shall control.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval
and publication in pamphlet form as provided by law.
WITNESS WHEREOF, this Ordinance has been enacted this ay of
2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA PA-4 WANDA O'HARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me,As Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of A.D. 2003.
i
1
MAYOR VIZ 0
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this Uday of A.D. 2003.
Atte
Y CL
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville,Illinois 60560
630-553-9500
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ORDINANCE 2003-
AN ORDINANCE AMENDING TITLE 10, CHAPTER 6 ARTICLE B SECTION 5
OF THE YORKVILLE CITY CODE
(R-2 ONE FAMILY RESIDENTIAL DISTRICT)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to increase the Lot Coverage allowable in
the R-2 One Family Residential District within the City of Yorkville;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that in order to create architectural and aesthetic
diversity within the community the allowable Lot Coverage allowable in the R-2 One Family
Residential District shall be increased.
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that it is in the best interests of the community to amend
the Title 10, Chapter 6,Article B, Section 5 of the Yorkville City Code to change the allowable
Lot Coverage in the R-2 One Family Residential District from twenty percent (20%)to thirty
percent(30%);
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 6, Article B, Section 5 (Lot Coverage) of the Yorkville City
Code is hereby amended to allow the following:
"Not more than thirty percent(30%) of the area of a zoning lot may be covered by
buildings or structures,including accessory buildings. Drives and sidewalks on grade are
not to be considered structure."
2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
h
3. That if a conflict shall arise with respect to the Code of this Amendment,this
Amendment shall control.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval
and publication in pamphlet form as provided by law.
fi
IN WITNESS WHEREOF, this Ordinance has been enacted this �i day of
u 22003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
c�
this .23L" day of A.D. 2003.
MAYOR ,
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this-4 day of A.D. 2003.
Att
C RK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
i
STATE OF ILLINOIS ) Drafted 6/18/02
)ss.
COUNTY OF KENDALL )
ORDINANCE-2003-
AN ORDINANCE AMENDING TITLE 10, CHAPTER 7,ARTICLE B SECTION 1
OF THE YORKVILLE CITY CODE
(B-1 Limited Business District Permitted Use Zoning Amendment)
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor.and City Council, has determined it necessary to classify,regulate and restrict the location
of trades, industries and businesses within the City of Yorkville;
WHEREAS,THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined that certain permitted and appropriate uses are currently
omitted in the B-1 Limited Business District Zoning Classification;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the.
Mayor and City Council, has determined that it is in the best interests of the community to amend
Title 10, Chapter 7,Article B Section 1 of the Yorkville City Code to allow the Uses Permitted
under Title 10, Chapter 7, Article A Section 1 of the 0 Office District as a permitted use in the
B-1 Limited Business District;
NOW THEREFORE BE IT ORDAR,;ED'BY THE UNITED CITY OF YORKVILLE;
1. That Title 10,Chapter 7,Article B,Section 1 (Permitted Uses)of the Yorkville City Code
is hereby amended to allow the following permitted uses in the B-1 Limited Business District;
A. All uses permitted in the 0 Office District
2. That the text of Title 10,Chapter 7, Article B Section 1 (Permitted Uses) should be
amended by adding "All uses permitted in the 0 District"as a permitted use to the text of Article
B,Section 1 (Permitted Uses).
3. In all other respects Title 10 of the Yorkville City Code shall remain in fUll force and
effect.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section,subsection,sentence,clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by.any court of competent
jurisdiction, such portion shall be deemed a separate,distinct,and independent provision,and such
holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this U- day of
j u IV .2003.
PAUL JAMES MARTY MUMS
RICHARD STICKA WANDA OHARE
VALERIE BURR ROSE SPEARS
LARRY KOT JOSEPH BESCO*
APPROVED by me, as.Mayor of the United City of Yorkville, Kendall County,Illinois,
this ZZndday of J OY .A.D. 2003.
MAYOR
STATE OF ILLINOIS ) revised 6/16/03
) ss.
COUNTY OF KENDALL )
ORDINANCE 2003- LO,
AN ORDINANCE AMENDING TITLE 10, CHAPTER 6,ARTICLE 6A,
SECTION 2 OF THE YORKVILLE CITY CODE TO PROVIDE FOR HISTORIC
PRESERVATION OF STRUCTURES WITHIN THE R-1 ESTATE
CLASS ONE-FAMILY RESIDENTIAL
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council,has determined it necessary to promote,the conservation,protection,
restoration,rehabilitation, use, and overall enhancement of structures having historic significance
within the R-1 Estate Class One-Family Residential District;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the
Mayor and City Council, has determined in order to facilitate said historic preservation within the
R-1 Estate Class One-Family Residential District that Section 2 shall be amended to allow the
sale of antiques as a Special Use within said District;
WHEREAS, THE UNITED CITY YORKVILLE, after careful consideration by the
Mayor and City Council, has determined that it is in the best interests of the community to amend
the Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code to add"the sale of
antique goods and property from a structure deemed to have historic significance;
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE;
1. That Title 10, Chapter 6, Article 6A, Section 2 of the Yorkville City Code is hereby
amended to allow the following special uses in the R-1 Estate Class One-Family Residential
District;
A. The sale of antique goods and property from a structure deemed to have historic
significance as defined in the United City of Yorkville Overlay Zoning Ordinance
2. In all other respects Title 10 of the Yorkville City Code shall remain in full force and
effect.
3. That if a conflict shall arise with respect to the Code of this Amendment,this Amendment
shall control.
REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions
of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF, this Ordinance has been enacted this „d day of
u)V 2003.
PAUL JAMES JA MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,
this zZ iid day of J u Iv A.D. 2003.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this Z.Znd day of ;)u 1„ ,A.D. 2003.
Att
C ERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
EXHIBIT "I"
Current City Subdivision Control Ordinance
-53-
Doc:58228/4
UNITED CITY OF YORKVILLE
SUBDIVISION CONTROL ORDINANCE
THE UNITED CITY OF YORKVILLE
Ordinance No.,—)OtA-Sa
Date Adopted
September 27,2004
Yorkville Subdivision Control Ordinance
YORKYILLE SUBDIVISION CONTROL ORDINANCE
SECTION
1.00 TITLE
2.00 INTENT&PURPOSE
3.00 GENERAL PROVISIONS
3.01 Jurisdiction
3.02 Interpretation
3.03 Separability
3.04 Rules
4.00 DEFINITIONS
5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT
5.01 Concept Plan
5.02 Preliminary Plan
5.03 Final Plan
6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS
6.01 Pre-Application Conference Plan
6.02 Preliminary Plan
6.03 Final Plan
7.00 DESIGN STANDARDS
7.01 General
7.02 Public Sites and Open Spaces
7.03 Standards
7.04 Half-Streets
7.05 Alleys
7.06 Street Jogs
7.07 Street Intersections
7.08 Blocks
7.09 Lots
7.10 Easements
8.00 REQUIRED IMPROVEMENTS
8.01 Improvement Requirements Prior to Filing Final Plat
8.02 Subdivision Securities
8.03 Construction Warranty
8.04 Procedure
8.05 Construction and Inspection
8.06 As-Built Plans
8.07 Survey Monuments
8.08 Acceptance of Dedication,Improvements
8.09 Streets
8.10 Sidewalks
8.11 . Street Lighting
8.12 Signage,Guard Rails,&Landscaping
8.13 Storm Water Drainage
8.14 Sanitary Sewer System
8.15 Water System
8.16 Over-sizing of Utilities
2
Yorkville Subdivision Control Ordinance
YORKVILLE SUBDIVISION CONTROL ORDINANCE CONTEN''UED
SECTION,CONTINUED
9.00 ADMINISTRATION
9.01 Building Permit
9.02 Certificate of Occupancy
9.03 Variations
10.00 AMENDMENTS
10.01 Initiation of Amendment
10.02 Processing Application for Amendment
10.03 Decisions
11.00 FEE SCHEDULE
11.01 Land-Cash Contributions
11.02 Fees
12.00 VIOLATIONS,PENALTY,&ENFORCEMENT
13.00 REPEALER
14.00 SEVERABILITY
15.00 EFFECTIVE DATE
Exhibit 1 Standard Specifications for Improvements
Exhibit 2 Park Development Standards
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3
YorkviDe Subdivision Control Ordinance
SECTION 1.00-TITLE
This Ordinance shall hereafter be known,cited,and referred to as the Yorkville Subdivision Control Ordinance.
SECTION 2.00—INTENT&PURPOSE
The regulations of this ordinance are adopted:
To protect the interests of the land owner,the investor in land,the homeowner,and the municipal unit;
To conserve,protect, and enhance property and property values; to secure the most efficient use of land; and
to facilitate the provisions of public improvements;
To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means
for traffic circulation of the public;and to safeguard the public against flood damage;
To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation
of plats; the location,width,and course of streets and highways; the installation of utilities, street pavements,
and other essential improvements; and the provision of necessary public grounds for schools, parks,
playgrounds,and other public open space; and
To establish procedures for the submission, approval, and recording of plats, to provide the means for
enforcement of the ordinance,and to provide penalties for violations.
SECTION 3.00—GENERAL PROVISIONS
3.01 JURISDICTION
3.01.01 This Ordinance shall apply to all subdivision of land within the incorporated limits of the United
City of Yorkville, and within its contiguous territory, but not more than one and one-half miles
beyond the incorporated limits of the United City of Yorkville.
3.02 INTERPRETATION
3.02.01 Minimum Requirements: The provisions of this Ordinance shall be held to be the minimum
requirements for the promotion of public health,safety,and welfare.
3.02.02 Relationship with Other Laws: Where the conditions imposed by any provision of the Ordinance are
either more restrictive or less restrictive than comparable conditions imposed by any other ordinance,
law, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which
impose higher standards or requirements)shall govern.
3.02.03 Effect On Existing Agreement This Ordinance is not intended to abrogate any easement, covenant,
or any other private agreement, provided that where the regulations of this Ordinance are more
restrictive (or impose higher stands or requirements) than such easements, covenants, or other
private agreements,the requirements of this Ordinance shall govern.
3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this
Subdivision Control Ordinance in its entirety.
J
3.02.05 The Park Development Standards shall be hereby included and made a part of this Subdivision
Control Ordinance in its entirety.
4
Yorkville Subdivision Control Ordinance
3.03 SEPARABILITY
3.03.01 Should any section, subsection, clause, or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole,or any part thereof,other than the part so declared to be invalid.
3.04 RULES
3.04.01 In the construction of this Ordinance, the rules contained herein shall be observed and applied,
except when the context clearly indicates otherwise:
1. Words used in the present tense shall include the future, and words used in the singular number
shall include the plural number,and the plural shall include the singular.
2. The word"shall"is mandatory,and not discretionary.
3. The word"may"is permissive.
4. The masculine gender includes the feminine and neuter.
SECTION 4.00—DEFINITIONS
4.01 The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein
defined:
Allen: A public right-of-way, primarily designed to serve as secondary access to the side or rear of
properties whose principal frontage is on some other street.
Block: A tract of land bounded by streets, or by a combination of streets, railway right-of-ways, or
waterways.
Building Setback Line: A line across a lot or parcel of land, establishing the minimum open space to be
provided between the line of a building or structure,and the lot line of the lot or parcel.
City: The Mayor and City Council of the United City of Yorkville,Illinois.
Crosswalk: A strip of land 10' or more in width, dedicated to public use, which is reserved across a
block to provide pedestrian access to adjacent areas,and may include utilities,where necessary.
Cul-de-Sac: A street having only one outlet, and an appropriate terminal for the reversal of traffic
movement,without the need to back up.
Dead-end Street: A Street having only one outlet.
Density, Gross: A numerical value obtained by dividing the total dwelling units in a development by the
gross area of the tract of land upon which the dwelling units are located.
Density, Net: A numerical value obtained by dividing the total dwelling units in a development by the
total area of the development, less rights-of-way, parks, storm water management areas, and all other
non-residential uses.
Development: Any man-made change to real estate,including:
a) Preparation of a plat of subdivision;
b) Construction,reconstruction,or placement of a building or any addition to a building;
5
Yorkville Subdivision Control Ordinance
c) Installation of a manufactured home on a site,preparing a site for a manufactured home,
or installing a travel trailer on a site for more than 180 days;
d) Construction of roads,bridges,or similar projects;
e) Redevelopment of a site;
f) Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural
alterations of the ground surface;
g) Storage of materials,or deposit of solid or liquid waste;
h) Any other activity that might alter the magnitude, frequency, deviation, direction, or
velocity of storm water flows,from a property.
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.
Eyebrow Cul-de-Sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of
the intersecting cross street.
F000dplain: That land adjacent to a body of water with ground surface elevations at or below the base
flood or the 100-year frequency flood elevation. The floodplain is also known and the Special Flood
Hazard Area(SFHA).
Frontage: The property on one side of a street,between two intersecting streets (crossing or terminating),
measured along the line of the street; Or, with a dead-end street, all property abutting one side of such
street,measured from the nearest intersecting street and the end of the dead-end street.
Frontage Road: A public or private marginal access roadway, generally paralleling and contiguous to a
street or highway, and designed to promote safety by eliminating unlimited ingress and egress to such
street or highway by providing points of ingress and egress at relatively-uniform spaced intervals.
Half Street: A Street bordering on or more property lines of a subdivision tract,to which the sub-divider
has allocated only a portion of the ultimate and intended street width.
IDOT: Illinois Department of Transportation.
Improvement Plans: The drawing of all required land improvements, prepared by an Illinois Registered
Professional Engineer,and all accompanying information as required by the Ordinance.
Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and
facilitate the use of lots or blocks for a principal residential,business,or manufacturing purpose.
Land Improvement: All required onsite and offsite subdivision improvements, including but not limited
to, any sanitary sewage system,water distribution system,storm drainage systems,public utility systems,
sidewalk systems, public or private streets, street lighting, street signs, grading and drainage way
facilities,pedestrian ways,and retention and detention basins.
Lot: A portion of a subdivision or other parcel of land, intended for transfer of ownership,or for building
developments.
Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
Lot, Double Frontage: A lot, two opposite lot lines of which abut upon streets which are more or less
parallel.
6
Yorkville Subdivision Control Ordinance
Lot Line: The boundary line of a lot.
Lot Width: The distance on a horizontal plane between the side lot lines of a lot, measured at right
angles to the line,establishing the lot depth at the established building setback line.
Parcel: The word parcel shall refer broadly to a lot,tract,or any other-piece of land.
Parkway: A strip of land situated within the dedicated street right-of-way, either located between the
roadway and right-of-way line,or a median located between the roadways.
Parking Lot: An area permanently reserved and/or used for the temporary storage of motor vehicles.
Plan. Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a
subdivision,including a site plan indicating existing offsite roadway connections.
Plan.Final: The final plat,plus all accompanying information required by this Ordinance.
Plan,Preliminary: The preliminary plat,plus all accompanying information required by this Ordinance.
Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified
control,to be developed as a single entity,the character of which is compatible with adjacent parcels,and
the intent of the zoning district in which it is located; the developer may be granted relief from specific
land use regulations and design standards in return for assurances of an overall quality of development,
including any specific features which will be of benefit to the City as a whole, and would not otherwise
be required by the City Ordinances.
Plat: A subdivision as it is represented as a formal document by drawing and writing.
Plat, Final: The final map drawing or chart, on which the subdivider's layout of a subdivision is
presented to the City Council for approval, and which, if approved, will be submitted to the County
Recorder for recording.
Plat, Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a
subdivision,including all proposed improvements.
Re-subdivision: The subdivision of a tract of land that has previously been lawfully subdivided, and a
plat of such prior subdivision duly recorded.
Right-of-Way: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another
special use. The usage of the term "right-of-way" for land platting purposes in the United City of
Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is
to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water
mains, sanitary sewers, the maker of the plat on which such right-of-way is established shall dedicate
storm drains,or any other use involving maintenance by a public agency to public use.
Roadway: The paved portion of the street available for vehicular traffic.
Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily
designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and
providing safe and orderly points of access at fairly uniformly-spaced intervals.
Sewage Disposal System Individual: A sewage disposal system, or any other sewage treatment device
approved by the Kendall County Department of Public Health,and servicing only one lot.
7
Yorkville Subdivision Control Ordinance
Sewage Disposal System, Central: A system of sanitary sewers, serving ten or more lots that discharge
either into an interceptor sewer or an approved sewage treatment plant.
Sidewalk: That portion of street or crosswalk way,paved or otherwise surfaced, intended for pedestrian
use only.
Street: A public or private right-of-way which affords a primary means of access to abutting properties,
whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however
otherwise designated,but excepting driveways to buildings.
Street Half. A street bordering one or more property lines of a tract of land in which the subdivider has
allocated but part of the ultimate right-of-way width.
Street. Marginal Access: A minor street which is parallel to and adjacent to a thoroughfare, and which
provides access to abutting properties and protection from through traffic.
Street. Estate Residential: A Street of limited continuity, used for access to abutting rural residential
properties and local needs of a neighborhood. This street carries less than 1000ADT.
Street Local Residential: A Street of limited continuity, used primarily for access to abutting rural
residential properties and local needs of a neighborhood. This street carries less than l OOOADT.
Street Mnor Collector: A street that serves as a main traffic thoroughfare,both within and outside of the
City,carrying heavy volumes of traffic. This street carries more than 2500 ADT.
Street Collector: A Street that collects and distributes traffic, primarily within residential areas. This
street carries between 2500 and 12,000 ADT.
Street, Minor Collector: A Street that collects and distributes traffic within intensively developed areas,
and is used primarily for internal trips within the planning area. This street carries between 1000 and
2500 ADT.
Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway.
Sub-divider. Any person or corporation or duly authorized agent who undertakes the subdivision or
development of land as defined herein. Also referred to as Developer.
Subdivision: A described tract of land which is to be, or has been, divided into two or more lots or
parcels. The term subdivision includes re-subdivision and, where it is appropriate to the context, relates
to the process of subdividing or to the land subdivided. For the purpose of this manual,the requirements
contained herein shall not apply,and no plat is required,in any of the following instances:
1. The division or subdivision of land into parcels or tracts of five acres or more in size,
which does not involve any new streets or easements of access;
2. The division of lots or blocks of less than one acre, in any recorded subdivision, which
does not involve any new streets or easements of access;
3. The sale or exchange of parcels of land between owners of adjoining and contiguous land;
4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads
or other public utility facilities which does not involved any new streets or easements of
access;
5. The conveyance of land owned by a railroad or other public utility which does not
involve any new streets or easements of access;
8
Yorkville Subdivision Control Ordinance
6. The conveyance of land for highway or other public purposes or grants or conveyances
relating to the dedication of land for public use or instruments relating to the vacation of
land impressed with a public use;
7. Conveyances made to correct descriptions in prior conveyances;
8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this
Resolution into no more than two parts, and not involving any new streets or easement of
access.
Turn-Around: An area at the closed end of a street or parking lot, within which vehicles may reverse
their direction.
Wetlands: As defined by the Illinois Department of Natural Resources.
SECTION 5.00—PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT
Instructions for subdivision plat processes leading to approval and plat recording:
5.01 CONCEPT PLAN
5.01.01 Application: Petitioners who wish to start the process with a concept plan should at this time submit
his application (the original and 35 copies), along with 35 folded copies of his concept plan, a
minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application,the
petitioner shall also provide the names and addresses of all land owners within 500 feet of the
application property to the City's Deputy Clerk, for the purpose of sending certified notices of the
required public hearing(s).
5.01.02 Review: Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and
Director of Public Works, to review access, availability of water, sewer, storm water, and other
related technical issues,at least two weeks prior to the targeted Plan Commission.
5.01.03 Park Board: Petitioner must attend the scheduled Park Board meeting if the development has a
residential component. The petitioner (or his duly authorized representative) will present the
Concept Plan, and discuss how it fits into the overall City Park Plan. The Park Board will make a
recommendation regarding the petitioner's plan for parks.
5.01.04 Plan Commission: Petitioner must attend the scheduled Plan Commission meeting, which will
involve an informal public comment session after the petitioner (or his duly authorized
representative)presents his Concept Plan.
5.01.05 Committee of the Whole: Petitioner must attend the scheduled Committee of the Whole meeting,
which will involve a presentation of the Concept Plan by the petitioner (or his duly authorized
representative),and informal discussion with the Committee members.
5.02 PRELIMINARY PLAN
5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when
considered necessary by the Plan Commission or the Plan Council, should be accompanied by other
engineering drawings concerning required improvements on which final review for adherence to
design standards and improvement proposals is based, and from which detailed engineering
drawings can proceed.
9
Yorkville Subdivision Control Ordinance
5.02.02 When the petitioner does not wish to present a Concept Plan,he will start with his Preliminary Plan,
and at this time submit his application. Petitioner will be invoiced for the required annexation, re-
zoning, engineering, and other applicable fees, which must be paid in full prior to being placed on
the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced,and is
due at this time. Payment should be made to the Deputy Clerk, and the United City of Yorkville
Administrative Offices. As part of the application, the petitioner shall also provide the names and
addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk,
for the purpose of sending certified notices of the required public hearing(s).
5.02.03 Following a written report from the Plan Council, and after review of the Preliminary Plan and
discussion with the Sub-divider on changes and additions that may be required for the plan,the Plan
Commission shall make a recommendation in writing to the City Council.
5.02.04 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City
Council shall discuss with the subdivider the proposed Plan, and shall, within 45 days, act on the
Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or
reasons for disapproval.
5.02.05 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve
months. If the final plat has not been recorded within this time limit, the Preliminary Plan must
again be submitted for approval, unless upon application by the subdivider, the City Council grants
an extension. An extension period shall not exceed two(2) 12-month periods.
5.02.06 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the
Final Plan. Ordinances in effect on the date(s)of Final Plat approval(s)shall govern any fees paid or
contributions made by the developer.
5.02.07 Fees for legal and planning services will be billed based on per-hour range of work being performed.
These amounts are deducted from the deposit amount we invoiced earlier,and a statement of account
(reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All
fees must be current before proceeding to the next stage of the approval process.
5.03 FINAL PLAN
5.03.01 Approval of the Preliminary Plan all entitle the subdivider to approval of the Final Plan, provided
that the Final Plan:
1. Conforms substantially to the approved Preliminary Plan;
2. Meets all conditions of said approval;and
3. Complies with all applicable,current ordinances.
5.03.02 Disapproval of the Final Plan is warranted if-
1. There are more than minor deviations from the approved Preliminary Plan;and/or
2. A new highway, pipeline, or other major improvement shall directly affect the proposed
development site.
5.03.03 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for
review by the plan Council.
5.03.04 After reviewing the final plat and applicable minutes from the Plan Council and any discussions on
changes and additions that may be required,the Plan Commission shall recommend in writing to the
City Council, within 45 days from receipt of the Plan Council minutes, wither approval or
disapproval of the Final Plat and its reasons for such recommendation.
10
Yorkville Subdivision Control Ordinance
5.03.05 The final plat then proceeds to The Economic Development Committee which consisting of four(4)
City Council members for its further review and recommendation. Project then moves to the
Committee of the Whole and then the City Council meeting for approval or disapproval.
5.03.06 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois,
who shall be responsible for the design of all public and land improvements required by this
subdivision Ordinance, as provided in the Illinois Professional Engineering Act. The submitted
plans shall be sealed by said Professional Engineer, and shall be in conformance with the City's
Standard Specifications for Improvements, and these City Specifications shall be the only
specifications for the improvements.
5.03.07 The Final Plat cannot be submitted to the plan Commission until the Improvement plans are
approved and signed by the City Engineer and the City Administrator, and all fees are paid, and all
required securities are filed.
5.03.08 The Final Plat shall be recorded with the County Recorder of Deeds,within thirty days from the date
of final approval, or final approval shall be considered null and void. This requirement shall not
apply when delay in recording a plat is due to circumstances beyond the control of the City or
developer.
5.03.09 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City
Administrative Offices for review and recommendation by the City Engineer.
SECTION 6.00—RE LIMED DiFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS
The following requirements are held to be the minimum amount of information necessary to convey to the
representatives of United City of Yorkville a complete and accurate description of the kind and quality of
subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision.
6.01 PRE-APPLICATION CONFERENCE PLAN
6.01.01 Concept Plan: The Concept Plan may be done free hand,but shall be done with reasonable accuracy
and clarity. The scale of the drawing should be 1"= 100',unless clarity or size of drawing dictates
otherwise. The following information shall be shown:
1. Name and address of the owner or subdivider;
2. North arrow and scale;
3. Approximate dimensions and area of parcel;
4. Topography—not greater than 10' contour intervals such as can be obtained from USGS maps;
5. Proposed layout of streets,lots,parks,and non-residential areas,including storm water control;
6. Number of dwelling units,gross and net density;
7. Minimum and average lot sizes;
8. Gross and net area;
9. For multiple-family,commercial and industrial areas:
a. Location of buildings;
b. Approximate dimensions and area of site;
c. Off-street parking,delivery,and pick-up areas;
d. Buffer zones.
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Yorkville Subdivision Control Ordinance
6.01.02 Existing Conditions: Presence of any of the following shall be shown on the Sketch Plan or an
additional sheet:
1. Streams,marshes,bodies of water,wooded areas,wetland,and other significant natural features;
2. Location and direction of all water courses,drainage ways,and areas subject to flooding;
3. Location of storm drains,inlets,and outfalis;
4. Existing buildings;
5. Existing utilities,and utilities proposed for extension;
6. Existing streets and streets proposed.
6.01.03 Location Map: A small-scale map or sketch of the general area, showing the relationship between
the proposed subdivision and existing community facilities and rights-of-way, with the proposed
subdivision indicated thereon.
6.02 PRELIMINARY PLAN
6.02.01 The Preliminary Plan shall be drawn at a scale of 1" = 100', unless another scale is approved or
required by the Plan Commission or the plan Council at the pre-application conference.
6.02.02 The following information shall be shown on all Preliminary Plans:
1. Notation stating"Preliminary Plan";
2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner
preparing the plan;
3. Date,scale,and north arrow;
4. Topography—not greater than 2' contour intervals.
5. The proposed subdivision name, which shall not duplicate the name of any plat previously
recorded in Kendall County;
6. Location of the subdivision on a small-scale drawing of the general area in which the
subdivision lies, with the location of the subdivision indicated thereon, including high-water
elevations,if known;
7. The recorded length and bearing of the exterior boundaries of the subdivision;
8. Location and names of adjacent subdivisions and the owners of parcels of un-subdivided land
within 200' of property;
9. Zoning on and contiguous to the subdivision;
10. Location, widths, and names of all existing and platted streets, alleys, or other known public
ways and easements, railroad and utility rights-of-way, parks cemeteries, watercourses,
permanent buildings, bridges, and other pertinent data, as determined by the Plan Commission
on the lands proposed to be subdivided,and within one hundred, fifty(150) feet of the proposed
subdivision;
11. The approximate areas of all parcels of land intended to be dedicate for reserved for public use,
or to be reserved in the deeds for the common use of property owners in the subdivision;
12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line
established not less than twenty(20) feet back from the average high water mark of the lake or
stream, as determined from flood hazard maps or other data, with said distance and source of
data noted;
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Yorkville Subdivision Control Ordinance
13. Approximate storm water runoff and detention/retention calculations shall be in accordance with
the Standard Specifications for Improvements. offsite tributary drainage areas and discharging
routing shall be defined with supporting data as necessary for evaluation;
14. Layout and width of all new streets and rights-of-way, such as highways, easements for sewers
and water mains,sidewalks,trees,drainage ways,and other public utilities;
15. Existing trees greater than 6"caliper;
16. Proposed plantings;
17. Legal Description;
18. Site date(See Figure No. 5 in Standard Specifications);
19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes,
pertinent elevations,and proposed elevations;
20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water
routing to and from detention/retention,and locations of existing field tiles;
21. A written statement from the Kendall County Soil Conservation Service(USDA), expressing its
opinion of the suitability of the land for the type of land use proposed;
22. A field tile survey,showing locations where exploration trenches were dug,and what was found.
6.02.03 The following information shall be shown for all single-family and two-family areas:
1. Approximate dimensions and minimum lot areas,in square feet;
2. Proposed building set-back lines;
3. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for
use of all property owners in the subdivision with the conditions of such dedication or
reservation.
6.02.04 The following information shall be shown for all multiple-family, commercial, industrial, and other
non-residential area:
1. Number of units,gross and net densities;
2. Open spaces;
3. Proposed layout of structures;
4. Layout and quantities of all off-street parking and loading areas;
5. Proposed building set-back lines;
6. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for
use of all property owners in the subdivision, with the conditions of such dedication or
reservation;
7. Buffer areas;
8. Square feet of buildings for commercial and industrial projects.
6.03 FINAL PLAN
6.03.01 The Final Plan shall be drawn in ink,at a scale of 1"= 100', or larger,on a non-fading,stable,Mylar
material. The sheet size for plats or plans shall be not less than 18"x 24",nor larger than 24"x 36".
When more than one sheet is used for any document, each sheet shall be numbered consecutively
and shall contain a notation giving the total number of sheets in the document, and shall show the
relation of that sheet to the other sheets. Final plans shall include all required engineering and
landscaping improvements. See Figure No. 6 in Standard Specifications.
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Yorkville Subdivision Control Ordinance
6.03.02 The following information shall be shown on all Final Plats:
1. Legal Description. Legal descriptions shall commence at the intersections of Section lines
and/or Quarter Section lines when reasonably practical to do so. The developer shall also
submit the Final Plat to the City in digital form, in a format acceptable to the City. The
coordinate system for the Final Plat shall be NAD27 Illinois State Planes, East Zone, US Foot
(IL-E).
2. All monuments erected, corners, and other points established in the field in their proper places.
The material of which monuments, comers, or other points are made shall be noted as the
representation thereof,or by legend,except lot comers need not be shown.
3. The exact length and bearing of all exterior boundary lines,public grounds, meander-lines, and
easements,unless they parallel a noted boundary.
4. The exact width of all easements,streets,and alleys.
5. The dimensions of all lot lines,to the nearest on hundredth(1/100)of a foot.
6. Building setback lines on all lots.
7. All lots consecutively numbered within consecutively lettered blocks.
8. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than
90*,except that when the line in any tier of lots is parallel,it shall be sufficient to mark only the
outer lots. When any angle is between a curve and its tangent, the angle shown shall be that
between the tangent and the main chord of the curve. When between curves of different radii,
the angle between the main chords shall be shown.
9. When a street is on a circular curve,the main chord of the center line shall be drawn as a dotted
line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its
bearing and length, the radius of the circle of which the curve is a part, and the central angle
extended_ The lot lines on the street sides may be shown in the same manner, or by bearings
and distances. When a circular curve of thirty (30) foot radius or less is used to round off the
intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be
sufficient to show on the plat the radius of the curve and the tangent distances from the points of
curvature to a point of intersection of the straight lines.
10. The name of each road or street in the plat shall be printed thereon, which name shall not
duplicate the name of any other street,unless it is an extension thereof.
11. Abutting state highway lines and streets of adjoining plats shown in their proper location by
dotted lines. The width and names of these streets and highways and plats shall also be given.
12. All lands dedicated to public use,including roads,and streets shall be clearly marked.
13. All water courses,drainage ditches,and other existing features pertinent to the subdivision.
14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall
show the area over which the access is provided to the lake or stream, together with a small
scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream,
and the location of the area over which access is provided.
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Yorkville Subdivision Control Ordinance
15. Monuments. The description and location of all survey monuments placed in the subdivision
shall be shown upon Final Plat. Permanent monuments shall be of concrete,reinforced with one
(1)number four(4)vertical rod,and not less than four(4) inches square on top,tapered to six(6)
inches square at the bottom, and thirty-six (36) inches long, set flush with the adjacent ground.
Each permanent monument shall have a suitable mark in the center of the top.
Permanent monuments shall be erected at all comers or changes in bearing of the exterior
boundary. Metal monuments not less than '/z inch in diameter, and 24 inches in length shall be
placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys
with plat boundary lines, and at all points on street, alley, and boundary lines where there is a
change in direction or curvature. All monuments and stakes shall be set in the ground before the
streets and alleys are accepted for public maintenance.
16. A Surveyor holding a current, valid registration in Illinois shall perform the survey, and if the
error in the latitude and departure closure of the survey is greater than the ratio of one in five
thousand(115000),the plat may be rejected.
17. Certificates of Approval to be shown on Final Plat,as applicable:
1. Surveyor
2. Owner
3. Notary
4. City Administrator
5. Township Highway Commissioner,if applicable
6. County Supervisor of Highways,if applicable
7. Illinois Department of Transportation,if applicable
8. City Clerk
9. City Plan Commission,Chairman
10. Mayor
11. County Clerk
12. County Recorder
13. City Engineer
14. School District Certificate
15. Drainage Overlay Certificate,if applicable
SECTION 7.00—DESIGN STANDARDS
7.01 GENERAL
7.01.01 When laying out a subdivision,the developer shall:
1. Take into account,and comply with,officially adopted plans;
2. Conform to existing street patterns where such streets are contiguous to the proposed
subdivision or may reasonably be projected through the subdivision;
3. Design the arrangement of uses in relation to topography and drainage conditions;
4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate
these features into the development;
5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing
streets shall bear the name of the existing streets; however, no other streets shall bear names
which duplicate or nearly duplicate so as to be confused with the names of existing streets;
6. Reserve a minimum of one historical street name from the list on file in the Engineer's office,
prior to the recording of Final Plat,as set forth in the Historical Street Name Resolution;
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Yorkville Subdivision Control Ordinance
7. Take into account future development,including street and utility extensions;
8. Consider the implementation of traffic calming measures,which the City may require on a case-
by-case basis.
7.02 PUBLIC SITES AND OPEN SPACES
7.02.01 Where a proposed park,playground, school,or other public use shown on any official adopted City,
Township, County, or State plan or map is located in whole or in part in a subdivision, appropriate
public agencies and governing bodies shall be given an opportunity to begin, within one year from
the date of recording of the Final Plat,procedures to acquire said acreage.
7.03 STANDARDS
7.03.01 The United City of Yorkville "Standard Specifications for Improvements", and the Yorkville Park
Board "Park Development Standards" shall be incorporated herein, and shall apply to any and all
development,not only subdivisions.
7.04 HALF-STREETS
7.04.01 Half-streets shall be prohibited, except where essential to the reasonable development of the
subdivision, and in conformity with the other requirements of these regulations, and where the Plan
Commission fords it will be practicable to require the dedication of the other half when the adjoining
property is subdivided. A right-of-way width of not less than forty-(40) feet, and a pavement width
of not less than twenty-two and one-half(22-'/z`) feet, shall be required for the half-street. Where a
half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and
constructed within such tract. In cases where half-streets are accepted, the owner and subdivider
shall be required to grade and improve the half-street,the same ad all other subdivision streets.
7.05 ALLEYS
7.05.01 Alleys shall be provided in all commercial and industrial districts, except that the City may waive
this requirement where another definite and assured provision is made for service access, such as
off-street loading and parking consistent with,and adequate for,the uses proposed.
7.05.02 Alleys shall not be approved in residential areas, unless necessary because of topography or other
exceptional circumstances.
7.05.03 Alley widths shall be not less than twenty-four(24)feet.
7.05.04 Dead-end alleys shall be prohibited.
7.06 STREET JOGS
7.06.01 Street intersection jogs with centerline offsets of less than one hundred, fifty- (150) feet shall be
prohibited.
7.07 STREET INTERSECTIONS
7.07.01 Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections
at angles of less than eighty-(80) degrees shall not be acceptable.
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Yorkville Subdivision Control Ordinance
7.08 BLOCKS
7.08.01 The length,width, and shapes of blocks shall be such as are appropriate for the locality and the type
of development contemplated, but block length in residential areas shall not exceed on thousand,
three hundred, and twenty(1320) feet,nor have less than sufficient width to provide two tiers of lots
of appropriate depth between street lines, except that one tier of lots may back onto a limited access
highway,railroad right-of-way, or major street,provided suitable screen-planting contained in a no,
access reservation strip along the rear property line is provided.
7.08.02 Paved an fenced pedestrian crosswalks,not less than ten(10) feet wide,may be required by the Plan
Commission through the center of blocks more than nine hundred (900) feet long, where deemed
essential to provide circulation or access to schools, playgrounds, shopping centers, transportation,
and other community facilities. Paving shall be three (3) inches of bituminous concrete surface
course on ten(10) inches of compacted CA-6 base. Fencing shall be four(4) feet high,continuous
chain-link fence on both sides of the walkway on an easement.
7.09 LOTS
7.09.01 All lots shall meet the minimum depth,width,and area requirements of the Zoning Ordinance.
7.09.02 The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and
for the type of development and use contemplated.
7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be
adequate to provide for off-street service and parking facilities.
7.09.04 Fronting of residential lots onto State and County highways is prohibited. Also prohibited is the
fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated
by the Comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for
commercial, industrial, and institutional uses shall be located not less than thirteen hundred (1300)
feet apart,center-line to center-line,unless topography or existing street locations dictate otherwise.
7.09.05 Excessive depth in relation to width shall be avoided.
7.09.06 All lots shall front or abut on a public street.
7.09.07 Side lot lines shall be substantially at right angles or radial to street lines.
7.09.08 Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome
specific disadvantages of topography and orientation, and where a limited access highway, railroad
right-of-way, major street, or similar situation exists; in which case, double-frontage lots shall be
provided with suitable screen-planting contained in a no-access reservation strip along the rear
property line and the right-of-way. When deemed necessary by the Plan Commission, double
frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic.
7.09.09 Subdivisions must include the entire parcel being divided, and may have no exceptions or
exclusions;and shall not contain"leftover"pieces,comer,or remnants of land.
8.09.10 Lot widths shall be measured at the building setback line,and may be reduced ten(10)percent at the
end of a cul-de-sac,providing the lot area meets the requirements of the Zoning Ordinance.
7.09.11 Comer lots shall have a buildable area equal to or greater than the smallest interior lot on the same
block.
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Yorkville Subdivision Control Ordinance
7.10 EASEMENTS
7.10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten (10)
feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be
required for all storm water control facilities and for overflow routes. The City may require wider
easements and easements at other locations to accommodate proposed utilities and to provide space
for future utilities.
7.10.02 Easements shall be provided at the side of all lots,and shall be at least five(5) feet wide on each lot,
immediately adjacent to the property line.
7.10.03 Easements shall be provided along both sides of all right-of-ways, immediately adjacent and parallel
to, said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan
Commission that the individual utility companies have reviewed easements, and any easement
provisions to be incorporated on the plat or in the deeds, or the organization responsible for
fiunishing the service involved.
7.10.04 Where a watercourse, drainage channel, stream, or other body of water traverses a subdivision,
appropriate dedications or easement provisions, with adequate width or construction to
accommodate observed, computed, or anticipated storm water drainage through and from the
subdivision, shall be made. The width of the easement shall be dependent on the area of land
drained by the watercourse, and wide enough to allow access for construction and maintenance
equipment.
7.10.05 Screen-planting easement(s) may be required in accordance with the Landscape Ordinance. If said
easement is to also be used for public utilities,only such plant materials that have an ultimate growth
not exceeding fifteen(15')feet shall be used.
SECTION 8.00—REQUIRED MPROVEMENTS
8.01 IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT
8.01.01 Upon approval of both the Final Plan and the plans and specifications for the required subdivision
improvements by the Plan Commission, Director of Public Works, and the City Engineer, and upon
approval of the appropriate agencies as evidenced by State and County permits, where required, the
subdivider shall construct and install the required subdivision improvements prior to filing the Final
Plat with the Plan Commission for final approval. If construction does not begin within four (4)
years of Final Plan approval, the subdivider may be required to revise the plan to comply with new
City requirements.
8.02 SUBDIVISION SECURITIES
8.02.01 In lieu of construction on 8.01 above, the subdivider shall post with the City of Yorkville, a
construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond,payable to
the United City of Yorkville, sufficient to cover the full cost, plus ten (10) percent, of the required
improvements, as estimated by the engineer employed by the subdivider and approved by the City
Engineer,to assure the satisfactory installation of required improvements as outlined in this Section,
and contained in the approved plans and specifications. A Surety shall issue the Bond or Letter of
Credit posted or Bank recognized by the State of Illinois, and approved by the City Attorney, and
shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard
Bond Form or Letter of Credit Form used by the City of Yorkville. Construction guarantee shall not
be reduced to below fifteen(15%)percent of the approved engineer's estimate prior to acceptance of
the public improvements by the City. The construction guarantee shall not expire for at least one
year. Subsequent renewals of the construction guarantee shall also be for a period of at least one
year.
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Yorkville Subdivision Control Ordinance
8.03 CONSTRUCTION WARRANTY
8.03.01 The subdivision irrevocable bond or Letter of Credit shall be released after an appropriate City
Council Resolution accepting the improvements for public ownership. This subdivision Letter of
Credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the
City Clerk for ten (10) percent of the Land Improvement cost, to ensure that any and all
improvements will properly function as designed, with no defects after the City Council formal
acceptance.
8.04 PROCEDURE
8.04.01 Not more than ten(10)months after Preliminary Plan approval, four(4) copies of the proposed final
plans and specifications, engineer's estimates prepared and sealed by a professional engineer
currently registered with the State of Illinois,and Subdivision Bond or Letter of Credit, shall be filed
with the City Engineer,and shall provide all necessary information for the following,as applicable:
1. Streets;
2. Curbs and gutter,
3. Storm drainage, including storm sewers and storm water detention, building storm drains
(footings,roof,etc);
4. Comprehensive drainage plan,including grades of surface drainage ways;
5. Sanitary sewerage system;
6. Water supply and distribution;
7. Public utility locations;
8. Street lights;
9. Sidewalks
10. Street signs,guard rails,and other special requirements;
11. Parkway trees;and
12. Payment in full of all City fees.
8.05 CONSTRUCTION AND INSPECTION
8.05.01 Written notice to proceed shall be obtained from the City Engineer prior to beginning any work
covered by the approved plans and specifications for the above improvements. Authorization to
begin work will be given upon receipt of all necessary permits,including all culvert permits required
when proposed new or changed subdivision roads intersect any presently-existing road, and work
must proceed in accordance with construction methods of Sections 8.05 through Section 8.16, and
the City's Standard Specifications for Improvements.
8.05.02 Construction of all improvements required by this Ordinance must be completed within two years
from the date of approval of the Final Plat, unless good cause can be shown for granting an
extension of time.
8.05.03 The sub-divider shall pay all expenses incurred by the City of Yorkville to provide field inspections
and testing of all construction work and materials before,during,and after construction.
8.05.04 On-street parking during build-out of the development shall be limited to one side only of all streets.
In general,parking will not be all owed on the side of the street where fire hydrants are located. The
developer shall post signage,as required by the Yorkville Police Department.
8.05.05 Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or
public right-of-ways at any time,without exception.
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Yorkville Subdivision Control Ordinance
8.06 AS-BUILT PLANS
8.06.01 After completion of all public improvements,and prior to final acceptance of said improvements,the
subdivider shall make, or cause to be made, a map showing the actual location of all valves,
manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works
shall require. This map shall bear the signature and seal of an Illinois Registered Professional
Engineer. The presentation of this map shall be a condition of final acceptance of the improvements,
and release of the subdivision Bond or Letter or Credit, assuring their completion. The coordinate
system for As-Built drawings shall be NAD27 Illinois State Planes,East Zone,US Foot(IL-E). The
"as-built"plans shall be submitted on reproducible Mylar, and also on computer diskette in a format
acceptable to the City.
8.07 SURVEY MONUMENTS
8.07.01 Permanent and any other monuments required in this Ordinance shall be installed prior to the
approval of the Final Plat.
8.08 ACCEPTANCE OF DEDICATION,IMPROVEMENTS
8.08.01 Final acceptance of the dedication of open space or other public areas shall mean the responsibility
for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance.
8.08.02 Approval of the Final Plat shall be dependent upon presentation of proof of responsibility for the
maintenance of all community improvements.
8.08.03 All public improvements shall be accepted only by Resolution of the City Council, after a formal
Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be
filed after completion of the public improvements. The City Engineer and the Director of Public
Works shall, within thirty (30) days from receipt of such Petition, make recommendations is report
form to the City Council. All Petitions shall be acted upon by the City Council within thirty- (30)
days from receipt of such recommendations of the City Engineer and Director of Public Works. A
Maintenance bond will then be required in the amount of ten (10) percent of the cost of the Land
Improvements,as specified in this Ordinance,after City Council acceptance.
8.09 STREETS
8.09.01 Street improvements shall be installed by the developer, shall be in accordance with the table of
minimum standards herein, and in accordance with the City's Standard Specifications for
Improvements. Right-of-ways at intersections shall have a twenty-five (25) foot radius or chord
where right-of-way lines intersect.
8.10 SIDEWALKS
8.10.01 Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the
street or roadway, to a minimum width of five (5) feet, as specified in the City's Standard
Specifications for Improvements.
8.11 STREET LIGHTING
8.11.01 A complete, functioning street light system shall be installed by the developer, at his expense, in all
subdivisions as specified in the City's Standard Specifications for Improvements.
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Yorkville Subdivision Control Ordinance
8.12 SIGNAGE GUARD RAILS AND LANDSCAPING
8.12.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at
each intersection,and shall indicate the street names as shown on the Final Plat. The City shall order
and install the street name signs. The subdivider shall reimburse the City for said cost. The
subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville
Police Department.
8.12.02 Steel plate beam guardrails shall be placed along the shoulder of any street,where street construction
has resulted in an embankment greater than six(6)feet in height.
8.12.03 All areas of street right-of-way that are not paved shall be seeded or sodded. Provisions shall be
made to assure the growth of all landscaping.
8.12.04 All improvements herein shall be as specified in the City's Standard Specifications for
Improvements.
8.13 STORM WATER DRAINAGE
8.13.01 Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch
basins, manholes, and/or detention facilities, shall be designed and constructed to adequately drain
the area being developed, and also all of such other areas that naturally drain through the area being
developed.
8.13.02 If the surface water drainage will be changed by the construction of the subdivision, adequate
provision shall be made for collection and diversion of such surface waters into public areas, or
drains which the subdivider has a right to use, and such surface waters shall not be deposited on the
property of adjoining land owners,in such a manner as to cause erosion or other damage.
8.13.03 Designed planning of surface water drainage facilities shall be performed by, or under the
supervision of,a Professional Engineer,registered in the State of Illinois. The storm water drainage
system shall be as specified in the City's Standard Specifications for Improvements.
8.13.04 It will be the homeowner's responsibility to maintain any drainage course across his property,and to
keep it free from features that restrict natural drainage.
8.14 SANITARY SEWER SYSTEM
8.14.01 All subdivisions and units therein shall be required to provide connection to the sanitary sewer
system,including required sewer extensions off-site,to the sizes and depths as required by the City.
The sanitary sewers shall be extended to the far boundaries of the development, as directed by the
City. All costs of these improvements will be borne by the developer. The sanitary sewer system
shall be as specified in the City's Standard Specifications for Improvements.
8.15 WATER SYSTEM
8.15.01 All subdivisions and units therein shall be required to provide connection to the United City of
Yorkville's public water supply system, including required water main extensions off-site, to the
sizes required by the City, and all costs shall be borne by the developer. All developments must
provide a looped, double-fed water system, and extensions to the boundaries of the development, as
directed by the City, shall also be included in the water system, to be funded by the developer. The
water system shall be as specified in the City's Standard Specifications for Improvements.
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Yorkville Subdivision Control Ordinance
8.16 OVERSIZING OF UTILITIES
8.16.01 When, in any subdivision, now within the City, or within one and one-half(1 '/z) miles of the City
limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer,
but which for the purpose of complying with the plan of development of the City's Comprehensive
Plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions
which in the future may become a part of the City, and where the City Engineer and the Director of
Public Works have determined that water and/or sewer mains of a larger diameter are required,then
the City Engineer or the Director of Public Works shall inform the subdivider, builders, and
developers of the subdivision by a written notice of that fact, and require them to install such
oversized utilities and at the same time, in said notice,inform them of the size(s)to be installed.
8.16.02 Watermain shall be considered oversized if it is larger than the size needed to supply the required
fire flows of the development, not the minimum pipe size allowed by ordinance. The required fire
flow rate for all residential areas shall be 1500 gpm. The required fire flow rate for commercial and
industrial areas shall be 3250 gpm. The required fire flow rate within five hundred feet of a school
site shall be 3375 gpm.
8.16.03 Upon being so notified as provided for in this section, no subdivider, builder, or developer shall
install any utility in such subdivision of any size other than that specified to him by the aforesaid
notice.
8.16.04 At such time as the installation of said oversized utilities shall have been completed in accordance
with the plans and specifications submitted to the City of such installation, and also in accordance
with the notice specified in this Section, and all such installations shall have been inspected and
approved by the City as provided for by the Ordinances of the City of Yorkville,then the City may
enter into an agreement to allow the developer to recover the difference of the cost at current prices,
as of the time of said installation,between the development's required utilities which were originally
planned to be used, and the cost of the oversized utilities which the City directed to be used. Said
agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the
developer,or some other consideration as may be approved by the City Council.
SECTION 9.00—ADA'I]NISTRATION
9.01 BUILDING PERMIT
9.01.01 No building permit shall be issued for the construction of any building, structure, or improvement to
the land, or any lot within a subdivision as defined herein,which has been approved for platting or
re-platting,until all requirements of this Ordinance have been fully complied with. In no case will a
building permit be issued until all fees have been paid, a grading plan approved, an "all-weather"
road in place to serve this property, along with functioning drainage facilities, water system, and
sanitary sewer system. Exceptions may be made for model home units.
9.02 CERTIFICATE OF OCCUPANCY
9.02.01 A certificate of occupancy may be issued for the use of any structure within a subdivision approved
for platting or re-platting provided that all required utilities have been installed and are capable of
servicing the subdivision, all roadways have the bituminous binder laid, and mutual agreement
between the City Engineer and the Building Code Official has transpired. The final grading;plan
must be submitted and approved prior to a Certificate of Occupancy.
22
Yorkville Subdivision Control Ordinance
9.03 VARIATIONS
9.03.01 Where the Zoning Board of Appeals finds that extraordinary hardships or particular difficulties may
result from the strict compliance with the Ordinance, the Zoning Board of Appeals is hereby
empowered to consider such matters after receiving written application from the subdivider. If
applicable,the Zoning Board of Appeals may recommend,in writing,to the City Council,variations
or exceptions to the regulations, subject to specified conditions, so that substantial justice may be
done and the public interest secured, provided that such variations or exceptions shall not have the
effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan.
9.03.02 The standards and requirements of the Ordinance may be modified in the case of large-scale
developments when the Zoning Board of Appeals finds that a plan and program for a new village,
complete community, shopping center, industrial park, or neighborhood unit provides adequate
public open spaces and improvements for circulation,recreation,and service needs of the tract when
fully developed, and which also provides such covenants or other legal provisions to assure
conformity and achievement of the plan.
9.03.03 The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this
Ordinance unless it shall make findings based upon the evidence presented in each specific case,that
1. Due to the particular physical surroundings, shape, or topography 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;
2. The conditions upon which the request for a variation is based are unique to the property for
which the variation is sought and are not applicable, generally to other properties within the
same zoning classification;
3. The alleged hardship was not created by any person presently having an interest in the property;
4. The granting of the variation will not be detrimental to the public safety, health, welfare, or
interest to other properties or improvements in the neighborhood in which the property is
located.
9.03.04 Variation requests that affect surrounding properties under the circumstances below shall not be
approved:
1. Impairment of an adequate supply of light and air to adjacent properties;
2. Substantial increase in the traffic congestion in public streets;
3. Increase the danger of fire;
4. Endanger the public safety;
5. Significantly diminish or impair property values within the neighborhood;or
6. Noncompliance with the spirit of intent of the restrictions imposed by the Zoning Ordinance.
SECTION 10.00—AMENDMENT
10.01 INITIATION OF AMENDMENT
10.01.01 The Mayor and City Council,the Plan Commission,the Zoning Board of Appeals, or any resident of
the City of Yorkville,or any person residing within 1'/2 miles of the corporate limits of the City,may
propose amendments.
23
Yorkville Subdivision Control Ordinance
10.02 PROCESSING APPLICATION FOR AMENDMENT
10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be
accompanied by such plans or data, and such other information, as specified by the Plan
Commission, and shall include a statement, in writing, by the applicant and adequate evidence
showing that the proposed amendments will conform to the standards set forth herein. Copies of
such application shall be forwarded by the City Council to the Plan Commission with the request to
hold a public bearing.
10.02.02 Publication: The City Clerk shall cause a notice of time, place, and purpose of such bearing to be
published in a newspaper published within the City of Yorkville, not more than thirty(30) days nor
less than fifteen(15)days in advance of such hearing.
10.02.03 Hearing on Application: 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.
10.02.04 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.
10.03 DECISIONS
10.03.01 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.
10.03.02 If a recommendation submitted by the plan Commission to the City Council for a proposed
amendment is not acted upon by the City Council within forty-five(45)days of the date upon which
such application is received by the Mayor and City Council, it shall be deemed to have been
approved.
SECTION 11.00—FEE SCHEDULE
11.01 LAND CASH CONTRIBUTIONS
11.01.01 Sub-dividers shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of
Final Plat approval. The City may require that all or part of the park cash contribution be paid prior
to recording any Final Plat of Subdivision of a development.
11.02 FEES
11.02.01 Before the Plan Commission approves the Final Plat, the subdivider shall pay to the United City of
Yorkville, all fees, reimbursements, and/or deposits due at that time for any of the Subdividers'
developments in the city.
24
Yorkville Subdivision Control Ordinance
SECTION 12.00—VIOLATION PENALTY ENFORCEMENT
12.00.01 Any person, firm, or corporation who violates, disobeys, omits,neglects,refuses to comply with, or
who resists enforcement of any of the provisions of this Ordinance shall be fined not less than fifty
dollars ($50.00), nor more than two hundred dollars ($200.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
12.00.02 The City Engineer is hereby designated and authorized to enforce this Ordinance. However, it shall
also be the duty of all officers,citizens,and employees of the City,particularly of all members of the
Engineering, Police, and Public Works Departments, to assist the City Engineer in reporting to him
any new construction,reconstruction,improved land uses,or upon any apparent violation.
SECTION 13.00—REPEALER
13.00.01 All Ordinances or parts thereof conflicting with the provisions of this Ordinance are hereby repealed
to the extent of such conflict.
SECTION 14.00—SEVERABILM
14.00.01 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining proportions hereof.
25
Yorkville Subdivision Control Ordinance
SECTION 15.00—EFFECTIVE DATE
15.01 This Ordinance shall be in full force and effect form and after its due passage, approval, and
publication,as provided by law.
Passed and approved by the Mayor of the United City of Yorkville,Kendall County,Illinois,
This�%day o ,204 .
ayor
Passed and approved by the City Council of the United City of Yorkville,Kendall County,Illinois,
This =>) 1;5--day of ,200 .
ATTEST:
City Clerk
SEAL
RICHARD STICKA WANDA OHARE
VALERIE BURD LARRY KOT
MARTY MUNNS PAUL JAMES
JOE BESCO � ROSE SPEARS
26
Exhibit 1
RESOLUTION FOR THE
UNITED CITY OF YORKVILLE
STANDARD SPECIFICATIONS FOR IMPROVEMENTS
Resolution
These Standards apply to all infrastructure improvements,and may be modified as needed upon the advice
of the City Engineer for special identified situations or conditions. All contractors shall give the City
Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain
these required approvals will require extensive testing,removal and replacement, and a ban for a minimum
of one year, from working on the City's right-of-way. Subdividers that have been unfaithful in previous
City agreements or developments, or who owe the City payments, will not be allowed to have work
performed for them within the public right-of-way. Resident engineering inspection shall be provided
through the City Engineer's office, and all such costs shall be charged to the developer by the United City
of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The
developer's improvement Letter of Credit or other subdivision securities will also be liable for all such
costs. The developer shall be responsible for layout and staking engineering,as well as for record drawings
by a registered Professional Engineer. These Specifications for Improvements shall become a part of each
and every project approved by the United City of Yorkville, and no other specifications will take
precedence.
All improvements included in the United City of Yorkville's Standard Specifications for Improvements,
unless noted herein, shall conform to the latest editions of the State of Illinois"Standard Specifications for
Road and bridge Construction", the "Manual on Uniform Traffic Control Devices", and all amendments
thereto. These documents shall be considered as included within the City of Yorkville Standard
Specifications for Improvements, and in the case of a conflict of requirements, the most stringent shall
apply.
Prior to starting construction of any project,the developer shall attend a pre-construction meeting and bring
a representative from each contractor, a list of all contact persons that can be reached at any time, and a
complete schedule of all work to be performed.
No work is to start until the City Engineer and the City Administrator have approved the engineering plans,
and the pre-construction meeting has been held. The City Engineer must approve any changes to the
approved plans in writing. The City Engineer or a representative will,upon discovery of improper material
or installation practices, issue a written document to the contractor, stating that failure to stop and correct
such deficiencies will result in the City's refusal to accept such improvements or to issue any further
building permits,or to perform required inspections.
The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation, and
Employer's Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella
Liability,as described in IDOT's"Standard Specifications for Road and Bridge Construction". The United
City of Yorkville shall be named as an additional insured_ The insurance coverage shall remain in effect
until the City accepts the entire development.
The City will not consider acceptance of the public improvements in a development until it is at least fifty
(50)percent built out,or three years after the roadway binder course is paved,whichever is sooner.
Blasting will not be allowed.
September 27,2004
Standard Specifications for Improvements
ROADS
All roadways shall conform to the Illinois Department of Transportation (hereinafter termed IDOT)
"Standard Specifications for Road and Bridge Construction", unless modified herein. Horizontal and
vertical geometric for right-of-ways and roadways shall conform to the City Standards,listed in Figure 2.
Surface course must not be placed until at least seventy- (70%) percent of the adjacent, private
improvements are in place. However, in no case shall the surface course be placed until the binder course
has been in place for at least one full winter season. In no case shall the surface course be delayed more
than three(3)years after the binder course has been installed.
The subgrade shall be graded and compacted to a hard,uniform surface,matching the slopes of the surface
course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the
contractor with a fully loaded(gravel) 10-cubic yard dump truck and witnessed by and approved in writing
by the City Engineer's representative (hereafter termed City Engineer) before proceeding to build the
roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or
shall be replaced with compacted CA6 limestone on an approved, anon-woven roadway fabric (6.5 oz.
minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be
delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above
270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70
degrees F.
All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric
(Amoco 4551 or approved equal), with a full 18 inches of overlap. Subgrade Fabric shall also be used on
lime-stabilized sub grades. It shall be placed neat and tight, without wrinkles, tears, or defects.
Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches
cover of granular base material. The City Engineer shall approve in writing the subgrade fabric
installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches
beyond the back of each curb.
In areas where undercutting of the subgrade is required,the bottom of the excavation shall be lined with a
woven geotextile(Amoco 2002 or approved equal),and backfrlled with CA-3 aggregate.
The aggregate base course shall be compacted to a minimum of 95%Modified Proctor and shall be free of
all dirt and debris. The course shall be proof rolled,as described above, and witnessed by and approved in
writing by the City Engineer before proceeding to build the roadway. A bituminous prime coat shall be
applied to the aggregate base course prior to paving.
The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer.
All asphalt must be laid utilizing a good-quality, properly-functioning, tracked or wheeled asphalt laying
machine, utilizing fully-automatic, electronic sensing control from a stringline for the initial course, and
from a minimum fifteen(15') foot ski for all other lifts. The bituminous binder course shall be proof rolled
as described above, and witnessed by, and approved in writing, by the City Engineer before proceeding
with the surface course. All repairs must be made as directed by the City Engineer. All bituminous
pavement patches shall be at least fifty(50%)percent thicker than the pavement being patched.
Also,the binder course shall be bump tested by the contractor, and witnessed by the City Engineer,and all
areas exceeding one-half inch (1/2") bumps, including header joints and any patch joints, shall receive a
leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course
prior to surfacing. Prior to any leveling course or surface course,the streets shall be flushed clean and fi-ee
of all dirt and debris. A bituminous tack coat will be required. Minimum temperature requirements for
laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications.
S-2
Standard Specifications for Improvements
The bituminous concrete surface course shall be placed only upon the written approval of the City
Engineer. All asphalt must be laid utilizing good-quality,properly functioning,tracked or wheeled asphalt
laying machine, utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The
surface course shall be bump tested by the contractor, and witnessed by the City Engineer. All bump test
penalties specified by IDOT specifications shall be quadrupled,and areas that have an excessive amount of
one-half inch(1/2")bumps shall be completely removed and replaced, not just the bump itself Minimum
temperature requirements for laying bituminous surface course will be five (5) degrees F higher than that
allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be '/, inch
higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to
the concrete curb.
Areas of segregated binder course and/or surface course shall be removed and replaced at the direction of
the City Engineer. Segregated asphalt is the uneven distribution of course and fine materials in the asphalt
characterized by pavement textures different from the surrounding material, and can usually be seen by the
naked eye.
Pavements constructed from Portland Cement Concrete shall be designed in conformance with American
Concrete Pavement Association Publications IS 184P and IS 061P,as amended.
Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed
on an aggregate base with. a minimum thickness of four inches, but in no case shall the curb and gutter
subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall
be ten (10") inches, unless directed otherwise by the City Engineer. As noted previously, the roadway
subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minimum of twelve (12")
inches. The concrete curb and gutter shall be reinforced with two #4 deformed bars, placed three (3")
inches from the bottom,spaced twelve(12")inches apart,centered on the total width of the curb and gutter.
Machine-placed concrete curb and gutter is to be utilized wherever practical,utilizing a minimum Class X
concrete, and a five (5%)percent minimum air-entrainment Plastizers will be allowed, but chlorides will
not An approved spray-on curing compound with red fugitive coloring shall be applied immediately after
finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven days. The
resident engineer shall be notified of these applications,and proof of purchase,with material specifications,
will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and 3/ inch
deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor
honeycombing on the two outer,vertical surfaces will be allowed,but they must be patched in an approved
manner,and witnessed by the City Engineer,prior to backfilling. The clay backfill behind the curb shall be
placed and compacted prior to placing aggregate base course.
Roadway extensions and stubs will be required as part of the development, with full improvements where
needed, for future growth. Additional lanes, access improvements, traffic signalization, etc., may be
required, at the developer's expense. The developer shall reimburse the City for two of each street name
and regulatory signs and posts required, and the City will install them. All signs shall be high-intensity,as
approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer
shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to
final acceptance.
The developer, to comply with these Standard Specifications for Improvements, shall improve existing
roadways running through,or adjacent to,the development
S-3
Standard Specifications for Improvements
Half-streets are discouraged, but where they are necessary, on advice of the City Engineer, the minimum
width street will be twenty-four (24') feet from the edge of pavement to the back of curb, on the
development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will
be required. Temporary tee turn-arounds will be required on all streets stubbed for future roadway
extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will
extend from right-of-way line to right-of-way line,to a length of fifteen(15') feet, and two radii of fifteen
(15') feet. The pavement beyond the road edge shall be three (3") inches of bituminous concrete surface
course, on a ten- (10") inch CA6 aggregate-compacted base, with pavement fabric. Concrete curb and
gutter will not be required around the tee, and sidewalk will not required through the tee. The developer
extending the street in the future shall remove the excess paving and base,place topsoil, and seed the area
disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from
one development to another, and resurface for a distance of thirty (30') feet, including header joints, as
approved by the City Engineer.
When a development includes construction along State and County highways, or other heavily traveled
road, the developer shall post advance-warning signs. The developer shall consult with the Yorkville
Police Department concerning the types and locations of signs, and shall obtain a permit from the
appropriate jurisdictional agency prior to erecting the signage.
The City may require the roadway design to include traffic-calming measures. These measures may
include, but not be limited to, curvilinear roadway layout, landscaping beyond the requirements of the
Landscape Ordinance,traffic tables,and fog lines.
If a development includes the construction or modifications of traffic signals, the new signals shall be
designed to have light-emitting diode (LED) lights. The traffic signal shall also have a battery backup
device.
All new roadways shall be designed in accordance with IDOT Circular 95-11, or the most recently adopted
IDOT standard for the design of flexible and full-depth bituminous pavements. The following minimum
design criteria shall be used when applying the design method:
Design period=20 years Class H Roadway
Traffic Factor Equations for 80,000 lb.Vehicles 2.0%traffic growth rate
AC viscosity of AC-20 Subgrade Support Rating of Fair
Local Residential Roadways
Local Residential Roadways are intended to carry an average daily traffic(ADT)volume of less than 1000.
The right-of-way width shall be 66 feet. The bituminous concrete surface course shall be a minimum of 1.5
inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a
minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of clean,
crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination
concrete curb and gutter to a width of thirty feet from back of curb to back of curb (B-B). The street radius
for all intersecting streets shall be a minimum of thirty feet to the back of curb. The edge of pavement shall
be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer.
Estate Residential Roadways
Estate Residential Roadways are intended to carry an average daily traffic(ADT)volume of less than 1000.
The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5
inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a
minimum of 2.5 inches in thickness. The aggregate stone base shall be ten inches in thickness of clean,
crushed CA-6 gradation gravel or limestone.,The roadway surface shall be 28 feet wide with two 12.5-foot
wide through-lanes. The lane edges shall be striped with a four-inch thermoplastic pavement marking. The
roadway up to and including the aggregate stone base shall be 32 feet wide to provide a 2-foot wide
aggregate shoulder (nominal thickness of at least 12 inches), and also to allow for future widening.
Mailbox turnouts will be paved,using driveway specifications to determine thickness.
S-4
Standard Specifications for Improvements
Minor Collector Roadways
Minor Collector Roadways are intended to carry 1000-2500 ADT. The right-of-way width shall be 70 feet.
The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "r'
Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness.
The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or
limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 34
feet B-B. The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb.
Minor collector roadways may provide direct access to adjacent private lots. The edge of pavement shall
be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer.
Collector Roadways and Commercial/Industrial Roadways
Collector Roadways are intended to carry 2500-12,000 ADT. The right-of-way width shall be 80 feet.
These design standards shall also apply to all roadways directly serving commercial or industrial zoned
areas. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class"I"
Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness.
The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or
limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 39
feet B-B. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb.
Collector roadways shall not provide direct access to adjacent lots in residential-zoned areas. The edge of
pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer.
Maior Collector Roadways
Major Collector Roadways are intended to carry more than 12,000 ADT. The right-of-way width shall be
100 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class
"I" Superpave mixture. The bituminous concrete binder course shall be a minimum of six inches in
thickness (2 lifts required). The aggregate stone base shall be 16 inches in thickness of clean,crushed CA-
6 gradation gravel or limestone. The roadways shall be bound with B-7.18 combination concrete curb and
gutter to a width of 51 feet(four 12-foot lanes)B-B. The City Engineer may require an additional 12-foot
center turn lane, as deemed appropriate. The street radius for all intersecting streets shall be a minimum of
50 feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt
cement hot-poured joint sealer.
An alternative bituminous base course may be approved by the City Engineer, and B6-18 or B6-24
combination concrete curb and gutter may be required,based upon specific site drainage needs.
Boulevards
Boulevard-style roadways shall have a minimum width of 28 feet B-B for approaches to intersections. The
minimum pavement width in other areas shall be 20 feet B-B.
SIDEWALK
Non-reinforced, concrete sidewalks will be required on both sides of all roadways. They shall be a
minimum of four (4') feet wide where four (4') feet wide walks now exist, and five (5') feet wide in all
other locations. All sidewalks shall be five (5") inches in thickness. They will be a minimum of six (6")
inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7,with
a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class
X,with a minimum of five(5%)percent air-entrainments. Sidewalks shall slope two(2%)percent towards
the street. Approved curing and sealing compounds are required, as specified previously for concrete curb
and gutter. The back of the sidewalk shall be placed twelve(12'�inches from the right-of-way line,unless
directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required,
at a spacing of five(51) feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be
placed every 100 feet The subgrade for the sidewalk shall be uniform,neat, and compacted to a minimum
90%modified proctor.
S-5
Standard Specifications for Improvements
Spalling or chips will not be allowed to be patched. All such areas will be removed from contraction joint
to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public
improvements by the City, which includes in front of vacant lots. These areas must be protected during
future construction.
No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not
provided, a paved trail that abuts every lot must be provided,that meets the City's standards, specifically a
ten (10') foot width, with an exit and entrance identification, consisting of two (2") inches of asphalt on
eight(8") inches of CA6 aggregate. Dedicated easements at least fifteen (15') feet wide must be provided
for the trail.
DRIVE APPROACHES
Drive approaches must be constructed to one of the following:
1. Six inches, minimum of Class X concrete, with a minimum of five (5%) percent air-entrainment,
over six inches minimum CA6 aggregate base over a 90%modified proctor compacted subgrade,
with curing and sealing treatments, as specified above,under concrete curb and gutter. Expansion
joint material, one-half (1/2") thick and full-depth, shall be installed at the curb and at the
sidewalk.
2. Two inches, minimum of Class I bituminous concrete surface course, over a minimum base of
eight (8") inches of CA6 aggregate over a 90% modified proctor compacted subgradde. The
concrete sidewalk will be constructed through the drive approach, and any construction damage to
the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive
approaches will not be constructed steeper than eight(8%)percent.
3. In Estate-residential subdivisions, 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 (12")
inches or greater,as required by the City.
PARKWAYS AND PARK SITES
All parkways, park sites, and other open spaces shall be landscaped and designed in accordance with the
City of Yorkville's Landscape Ordinance and the Park Development Standards, as amended from time to
time.
Any existing trees within a development deemed by the Parks Department and Public Works Department to
be dead, dying, or of an undesirable species shall be removed by the developer. The developer shall not
remove or cut down any trees without the prior consent of the Parks Department and Public Works
Department,or as indicated in the approved landscape plan.
STREET LIGHTING SYSTEM
All streets shall have a complete street lighting system designed by a professional engineer. A street light
will be required at all intersections,all curves,at all ends of cul-de-sacs,and at a maximum spacing of 300
feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum
spacing of 500 feet,with lights also placed at curves and a he end of dead-end streets. The poles shall be
concrete with butt-type foundations. The City Engineer may require a streetlight to be placed at other
points,as may be necessary in the public interest in unusual or special conditions. They shall be located at
side lot lines, and on the opposite side of the street from the water main,wherever possible, and shall be set
two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that
phase of the development are installed,complete,and operational.
S-6
Standard Specifications for Improvements
All exterior lighting of private property in new developments shall be designed, located, and mounted at
heights no greater than twenty(20') feet above grade for non-cutoff lights,and forty-(40') feet above grade
for cutoff lights. The lighting plan, photometrics, and shop drawings for lighting equipment shall be
submitted prior to issuance of a building permit. Glare shall be minimized to the extent practical by
orienting lights away from the public right-of-way and abutting properties, or by planting vegetation to
provide screening. Exterior lighting shall be designed, located, and mounted so that the maximum
illumination measured horizontally at the lot line does not exceed one(1')foot-candle.
Light Distribution: Luminaries of the Type II distribution as approved by the Illuminating Engineering
Society (herein termed IES) shall be used, except at intersections where Type II or Type IV IES
distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be
used in the public interest under unusual or special conditions.
Individual Control: On individual control of lights,the photoelectric control shall be mounted on top of
the luminare.
Line Drop: Voltage drop shall be no greater than three (3%)percent from power supply to the last pole,
with no wire size smaller than No. Six (6) Type RHH or RHW Underground Service Cable (USC). All
streetlights shall operate at 120 volts,except for those on major streets.
Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth
Edison Company rules and regulations,as amended fro time to time.
Conduit: All driveways, street, and sidewalk crossovers shall have two (2") inches of HD PVC conduit,
used as raceways for underground cable.
Underground Cable: All underground cable shall be direct-buried cable,placed at a depth at least thirty-
(30") inches below the normal finished grade. Three cables (Black, White, Green) shall be run from the
pole to the power supply. Any underground cable broken more than once prior to Final Acceptance shall
be replaced from the power source to the pole or from pole to pole.
Splices: All cable on the underground cable section shall be continuous, and no splicing shall be made
underground. All necessary splices shall be made above ground level.
Underground Cable Location: Underground cable shall be installed in a trench not less than two feet
from the back of the curb, except that in no case shall the underground cable be installed under the
sidewalk.
Grounding: A copper-clad ground rod shall be placed at each pole. The rod shall be minimum 5/8-inch
diameter,and ten(10') feet long.
Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall
contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the
luminare located on that pole.
Maintenance Prior to Acceptance: Once streetlights are operational, the Yorkville Public Works
Department shall perform normal maintenance, even though the Yorkville City Council has not accepted
the streetlight system. Normal maintenance consists of investigating the cause of an outage, and repairing
it if the cause is a burned out lamp, fuse, or photocell. All other repairs shall be referred to the developer.
The cost of performing normal maintenance prior to acceptance by the Yorkville City Council shall be paid
from a"Streetlight Normal Maintenance" deposit established by the developer prior to recording the Final
Plat. The deposit shall be$300.00 per pole, or other such amount, as may be determined by the Yorkville
City Council,from time to time. If the deposit proves insufficient,the developer shall replenish the deposit
within thirty- (30) days of written request by the City Engineer. The Yorkville City Council shall return
any unused funds to the developer upon acceptance of the streetlight system.
S-7
Standard Specifications for Improvements
Streetlight Standard and Bracket: Local streets shall use 906 B 19-AD4, American Concrete Company
pole and bracket, or approved equal. Luminare shall be mounted 19'9" above the street, shall have a four-
(4')foot arm. The pole shall be buried a minimum of five(5')feet below grade and backfilled with crushed
CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be furnished with
the pole.
The luminare shall be a General Electric Company No. M2RR15S1N2AMS3F, or approved equal with the
1-1/4"side mount built-in ballast. The luminaries shall be fitted with General Electric Company"Lucalox"
high-pressure sodium lamps LU 150/55/1), or approved equal, with GE Company ANSI specification
"S55" high-pressure sodium ballasts (or approved equal) or American Electric 115 15-S-RN-120-R2-DA-
4B.
Major Collector Streets: The lighting pole shall be Stress Crete E340-BPO-G, with Style 210 low rise
tapered aluminum davit, or approved equals. The davit outreach length shall be eight (8') feet. The
luminare shall be mounted thirty- (30')feet above the street. The pole shall have an embedment depth of
five(5')feet,and be backfilled with CA 6 limestone.
The streetlight system shall be operated through controller(s) in ground-mounted cabinets. The controller
and luminare shall operate at 240 volts. The controller shall be housed in a pad-mounted Type NEMA 3R
enclosure. The exterior of the cabinet shall have a bronze tone powder-coat finish. The approximate
dimensions of the cabinet shall be 42"H x 36"W x 12"D. A Com Ed meter socket shall be provided on the
exterior of the cabinet.
The manufacturer or distributor shall guarantee streetlight standards, luminaries,ballast, lamps, and cables
for their proper use,for one year,from the date of acceptance.
Testing: The subdivider shall manually trigger the photocell in order to have each street light burn
continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be
within ten(10%)percent of the connected load,based on equipment ratings.
Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be
provided with lighting necessary to achieve a minimum average of 2.0 foot-candles, as measured across the
entire parking lot,and a maximum of 1.0 foot-candles,as measured at the adjoining property lines. Parking
lots in areas zoned Manufacturing shall have a minimum average lighting intensity of one foot-candles,per
square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential
property.
STORM SEWER SYSTEM
A complete storm sewer system shall be required, consisting of closed conduits to an approved storm water
storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to
public right-of-way shall be reinforced concrete pipe (RCP), with a twelve (12") inch minimum diameter.
Storm sewers in rear yards and side yards may be high-density polyethylene(H.D.P.E.) of a manufacturer
and design, to be approved by the City of Yorkville. All roadways will have a system of inlets/catch
basins,tied directly to the storm sewer. These storm water collection locations will be on both sides of the
street, with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet
except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump.
Catch basins or open-lid structures shall not be located over the sewer main. All backfill is to be a CA7
aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7
aggregate and completely encapsulated in an approved drainage fabric. In this manner, the curb subgrade,
the storm crossings,and the inlets and catch basins create a roadway underdrain system for longer roadway
life.
The City may require that storm sewers be constructed along the centerline of individual roadways at
certain locations. Those locations shall normally be limited to within 100 feet of the lowest sag vertical
curve of a roadway. Where these locations occur within a horizontal curve of the roadway,storm manholes
shall be placed at the centerline of individual roadways.
S-8
Standard Specifications for Improvements
If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped,
perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12"
diameter and larger shall be internally televised in color just prior to City acceptance, and shall be free of
defects, sags, dirt, and debris. All non-RCP storm sewers shall also be mandrel tested (similar to sanitary
sewer testing)just prior to City acceptance.All parking lots shall be drained internally,and directed by pipe
to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as
approved by the City Engineer,based upon current and future runoff conditions,to pick up and safely carry
through the development any and all upstream bypass flows.
All new homes with basements or crawl spaces shall have a direct,underground conduit to the storm sewer
system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct
connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an
approved automatic diverter calve immediately outside the house and a check valve inside the se.
Multiple collection lines of four inch and six inch HID PVC will be allowed by an approved design.
Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings.
The pipe from the house shall be a 2" minimum HD PVC with cemented joints. The connection to the
storm sewer shall h through a neat,tight fitting,bored hole into the concrete pipe. After insertion of the
sump pump discharge pipe into the concrete storm sewer e extend beyond the inner esurface of the concrete
cement. In no case shall the sump pump discharge P
storm sewer pipe. Connections,however,shall be into a structure wherever practical.
Individual storm sewer services shall not be required in areas of t e development where p does not wish to
water conditions indicate that sump pumps would run very infrequently.
install storm sewer services, he shall perform soil borings at regular intervals (300t' to 4000'grin Boring ical)
during the Final Plan preparation stage, to determine soil types
locations are subject to approval by the City. Each boring shall extend at least 20 feet below u existing so
ground elevations and be referenced to the development benchmarks. If the boring logs show gran
and also show ground water elevations at least five(5') feet below planned basement floor elevations,excavation n
individual storm sewer services shall not be required in that C;of e the development
present) that the granular
every basement in that area, the developer shall verify ( City P
soil and deep ground water conditions exist. If either condition is found not to exist at a building location,
the developer shall construct a storm sewer service to that building in conformance with these Standard
,
Specifications.
The design of the storm water collection system shall be for a ten (10) year storm, running just full. The
only exception to this is where the receiving storm water system has a capacity and
velocity new be 2.5
of conduits shall be designed for a five(5)year event,running just
fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three(3') feet.
Storm sewer manholes shall be five(5') feet internal diameter,constructed of reinforced concrete,and shall
be placed at a maximum spacing of 500 feet. Storm sewer manholes may be four(4') feet internal diameter
when the largest sewer entering/leaving the manhole is 18" diameter, and the orientation of sewers
connecting to the manhole is such that there is at least 12" of precast wall between the openings provided
for sewers. The use of adjusting rings is limited in height to eight (8") inches. Inlet and/or catch basin
frames and grates shall be Neenah No. 3015,East Jordan No. 7010,or approved equal. � ves
Whenever
and other
castings for curb drains shall have a fish logo to discourage dumping of oils, pesticides,
inappropriate items into the storm sewer system.
Where a continuous grade is carried across an inlet or catch basin casting, the open-vaned cover shall be
used,Neenah No. R-32868V,East Jordan No.EV-7520,or approved equal.All manhole castings deg shall overs
Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or app equal.
shall have "City of Yorkville" and "Storm" cast into the top, and shall be in th tin concealed pickMolnh s shall
sections of the manholes th avement,, curb, gutter,or sidewalk- All flared endsections 15' or larger shall have
no be allowed m p
grates.
S-9
Standard Specifications for Improvements
In Estate residential developments, a ditch shall be required on both sides of the street, and shall have a
minimum profile slope of one(1%)percent(side slope 4:1 on the street side, and 3:1 on the lot side).
For developments ten acres in size or larger,the developer may use computer-based methods to determine
stormwater storage volumes. The specific method and parameters used in employing the method shall be
subject to the approval of the City Engineer.
For developments less than ten acres in size, the storm water storage system shall be designed utilizing a
Modified Rational Method,as described below:
1. Q = (Cm) iA, where a run-off co-efficient or Ca is calculated for the site based upon actual
proposed surface coverage. Cm then-equals 1.25 times Ca.
2. The following run-off co-efficient shall be utilized as minimums:
Surface C
Grass .50
Asphalt/Concrete .98
Roof 1.00
Detention 1.00
3. The maximum release at the designated 100-year level is 0.15 cfs/acre. The City Engineer
shall reduce this allowable release rate where the downstream accepting system is
experiencing drainage problems such as the Elizabeth Street swale where all receiving
discharges are limited to 0.10 cfs/acre. The outlet structure design shall address the two-year
(0.04 cfs/acre)and the 25-year(0.08 cfs/acre) storm control,in addition to the 100-year event.
4. When depressional compensatory storage is provided by increasing the volume of a
stormwater detention basin, the maximum allowable release rates of the basin shall be
reduced, as directed by the City of Yorkville to approximate the pre-development release of
the depressional area,and realize the full storage potential of the enlarged basin.
5. The minimum size restrictor shall be a four-inch by twelve-inch long HD PVC pipe. The
design must be designed for easy maintenance and cleaning during a storm event. The
discharge shall be directly to a downstream storm sewer if one is available within a reasonable
distance. If not, the discharge will be to the surface, with approved energy dissipation and
downstream erosion protection.
6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's
Bulletin#70, as amended for the specific City of Yorkville area In designating the required
storm water storage volumes, the maximum value calculated using the various events should
be utilized. See Figure 3 for a sample calculation.
7. The storm water storage areas must have containment for twelve inches of additional storm
water storage,with an approved calculated overflow area at six inches above calculated 100-
year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum
thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a
minimum of four feet beyond the limits of the overflow on either end. This wall is not to be
formed,but is to be trenched or excavated into natural soil, or into the compacted fill, and is
to be finished flush to the ground.
8. Storm water storage areas shall be covered by an easement,including access thereto,such that
should the owner not maintain said area as necessary,the City can cause such corrections and
bill the owner,including any and all administrative costs.
S-10
Standard Speaificatims for Improvements
9. The engineering plans shall have a full sheet dedicated to the soil erosion and sedimentation
control requirements for the development,including silt fencing, straw bales, drainage fabric,
etc. Failure to properly maintain this system may result in major storm sewer cleaning within
the site and in the offset storm system. The City reserves the right to place a hold on all
building permits and inspections if the soil erosion and sedimentation control plan is not
properly maintained. Keeping the streets clean is part of this plan, and failure to do so will
result in these actions.The developer shall establish a Street Cleaning deposit with the City of
Yorkville, in the amount of $5000.00. if the streets are not cleaned within 48 hours of a
written request by the Director of Public Works, the City shall have the streets cleaned, and
subtract that cost from the deposit. The developer shall replenish the deposit to thefull
amount if it falls to less than $1000.00. The Yorkville City Council shall return any
portion of the deposit to the developer upon acceptance of the streets.
10. The developer shall establish basins onsite where concrete ready-mix trucks must wash out
after delivering their load. Signs shall be posted at each entrance to the development to warn
truck drivers of the requirement to wash out at specific sites, and notify them of the fine for
non-compliance (up to $100.00 for each offense). Each entrance sign shall include a
simplified map of the development, to show the locations of the washout basins in the
development. A sign shall also be posted at each washout basin, to identify the site. The
developer shall maintain all signs,basins,and appurtenances in good condition until the City
accepts the public improvements.
Washout basins shall be located outside of the public right-of-way,parks, and all public utility
easements. They shall be located in relatively low-traffic areas,and be at least fifty-(50')feet
from storm drains, open drainage facilities, and watercourses, unless approved otherwise by
the City Engineer. Basins shall have a minimum twelve (12") inch thick CA-3 aggregate
approach of sufficient width over a woven geotextile fabric, to reduce tracking of mud onto
roadways. The washout area shall be contained by an earthen berm, and be at least ten (10')
wide by ten(10')long. The maximum depth of a washout basin shall be three feet When the
volume of a washout basin is 75%full,the developer shall remove the hardened concrete and
transport it to a legal landfill. Burying waste concrete onsite shall not be permitted.
The developer shall incorporate the items necessary to comply with this requirement, as well
as provisions for maintenance,onto the erosion and sediment control plan sheet. All
issunede,
washout basins,and appurtenances shall be in place before the first building permit
11. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the
entire sits. The minimum grade for all grass areas shall be two (2%) percent, except that
swale areas may be at one (1%) percent if it is over an approved, piped underdrain. Slopes
shall be shown with arrows at all locations from all break points. A grading plan on an
x 11"paper for the actual building must be submitted for each building permit submitted, and
will become a part of the building permit. All top of foundation elevations will be a minimum
of two (2') feet, and a maximum of three (3') feet above the street centerline elevation,
measured at the center of the lot in question,unless the City Engineer directs otherwise,based
on site-specific conditions. Drives must be at a minimum slope of two (2%) percent, and
maximum slope of eight(8%)percent towards the curb flow line from the garage. When the
forms for the foundation are ready to pour, a top of foundation elevation and location
certification of a registered surveyor or engineer, as approved by the building inspector, is
required prior to pouring the concrete into the forms. The tolerance here is 0.15 feet lower
and 0.5 feet higher,and behind all applicable setback and easement lines.
S-11
Standard Specifications for Improvements
12. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by
a registered land surveyor, showing the original, approved grades and slopes, along with the
actual grades,just prior to the occupancy permit request. The actual grades must fall within a
tolerance of 0.15 feet in order to receive an occupancy permit. Top soiling and seeding or
sodding,if applicable,must be in place prior to the final grading plan. All City-incurred costs
of reviewing these grading plans shall be the responsibility of the developer. Note that
specific building codes, ordinances, and permitting procedures,which may be established by
the United City of Yorkville,shall supersede these requirements.
13. General grading and landscaping of the storm water areas shall be designated according to the
Park Development Standards, Landscape Ordinance, and these Standard Specifications. The
City may require that storm water detention and retention facilities, as well as grading,
landscaping, and stormwater collection systems, incorporate currently acknowledged Best
Management Practices to improve storm water quality. These may include, but are not
limited to, naturalized detention basins, bio-swales, low impact design standards, perforated
storm sewer, designs that reduce the degree of connected impervious areas, designs that
encourage infiltration of stormwater,etc.
Wet ponds shall have a maximum allowable depth of two feet between the normal water level
and the high water level corresponding to the Ten-Year Frequency Storm. The City may
require wetland-type plantings and appropriate grading around the perimeter of wet ponds.
The developer shall provide a soil report, prepared by a licensed professional engineer, to
determine whether or not lake lining will be required. Vertical or nearly vertical edge
treatment will require an approved method,allowing a child to easily climb out of the water.
Storm sewers discharging to a stormwater basin shall be designed such that the sewer invert at
the discharge point is no lower than 6"below the normal water level of the basin,and the top
of sewer is no lower than the ten-year high water level of the basin.
14. Storm water storage basins shall operate independently of any watercourse or water body
receiving the discharge from the basins. Bypass flows from upstream areas should bypass the
storm water storage facility, where practical. The entire development shall be examined
under the premise that all storm sewers are blocked and full when a 100-year event occurs,
and the development can pass these flows without flooding homes. All overflows are to be
contained within the right-of-way, or where absolutely necessary, through special drainage
easements. All buildings shall have the lowest water entry a minimum of 1.8 inches above the
elevations determined for this bypass situation.
15. Storm water detention shall not be required under the conditions listed below. The City
reserves the right to require detention on any parcel of land if special circumstances exist, and
to require that sewer be constructed as necessary,to carry away the storm water.
a) Proposed development or re-development of the existing lots zoned single-
family detached,or duplex residential,less than 2.5 acres in gross area.
b) Proposed development or re-development of existing lots zoned other than
single-family detached or duplex residential, that are less than 1.25 acres in
gross area-
S-12
Standard Specifications for Improvements
WATER SYSTEM
1. All water mains shall be Class 52 ductile iron pipe, conforming to the latest specification
requirements of ANSI A21.5.1. Mains shall be cement lined, in accordance with ANSI
A21.4. Fittings shall conform to ANSI 21.10. Gate valves shall be resilient wedge type,
conforming to the latest revised requirements of AWWA specification C509. All water mains
are to be polyethylene wrapped. Main line valves 10"diameter and larger are to be installed
in a vault. Smaller main-line valves shall either be installed in a vault, or have a Trench
Adapter valve box, similar to those used at fire hydrants. No vaults or valve boxes shall be in
the pavement or sidewalk
2. Water services up to 3" diameter shall be Type "K" copper, conforming to the latest revised
specification requirement of ASTM B88. Minimum size for residential units shall be one inch
in diameter. Corporation stops shall be McDonald No. 4701,Mueller H-15000, or Ford F-
600. Curb stops shall be McDonald No. 6104, Mueller H-15154, or Ford B22-333m, with
Minneapolis patter B-boxes,similar to McDonald N.5614 or Mueller H-10300.
3. Minneapolis type B-boxes shall be installed in the right-of-way, but not in the sidewalk or
driveway.
4. Fire hydrants shall be one of the following:
1. Clow F-2545 (Medallion)
2. Mueller A-423 Super Cent Irian
3. Waterous WB-67-250
Hydrants shall have a 5-1/4"main valve assembly,one 4-1/2"pumper nozzle, and two 2-1/2"
hose nozzles, with national standard threads, a national standard operating nut, and above
ground break flange. The installation of the hydrant shall conform to AWWA 600 standards.
Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control,
Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by
American Flow Control, the box shall be attached to the hydrant barrel with grip arms, as
manufactured by BLR Enterprises,or approved equal.
5. Inspections and Installation: All water mains shall be designed and installed in accordance
with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains
shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable
recovery shall conform to the Standard Specifications for Water& Sewer Main Construction
in Illinois. The water operator in charge or person authorized by the water operator in charge
shall be present during all testing. The developer shall use the pressure gauge supplied by the
City for the test.
6. New water main shall be disinfected in accordance with AWWA standard C601. Water will
be tested to assure that 50 mg/1 of CL2 is in disinfected water. Sampling shall be taken by
water operator in charge or persons authorized by the water in charge. Water must pass two
consecutive days of sampling tests by a state approved lab.
7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six
inches below finished grade. Watermain stubs to hydrants shall be at least six inches internal
diameter. City water mains and hydrants shall be placed of the North and West sides of the
streets, unless approved otherwise the City Engineer. Valves shall be installed each second
consecutive hydrant, at intersecting lines, and other locations as required, such that a
minimum number of services will be affected during a main isolation.
S-13
Standard Specifications for lrnprovements
Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals
not exceeding the requirements of two fire hydrants serving any point of any building,or 300
feet along the roadway, whichever is more stringent. Special conditions may dictate a closer
spacing, as approved. Fire hydrants shall be located on the property line, except at corners,
and shall be set two feet minimum and three feet maximum from the curb back to the face of
the pumper nozzle. Where there is no curb and gutter,the face of the pumper nozzle shall be
between 18 inches to 20 inches above finished grade line(sidewalk to curb).
Base elbow of hydrant shall be properly thrust blocked, and shall be provided with clean,
washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings
shall receive one field coat of red paint, as recommended by the manufacturer, prior to final
acceptance.
8. All tees,bends,fire hydrants,and valves shall be adequately blocked with pre-cast blocks and
poured in place thrust blocking against undisturbed earth.
9. Services shall be equipped with corporation stop,curb stop,and buffalo box. The buffalo box
shall be set in the parkway,on the centerline of the property,approximately centered between
the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within
two feet of proposed driveways, sidewalks, or other pavements shall be backfilled full-depth
with aggregate. Except as permitted below, the underground water service pipe and the
building drain,or building sewer, shall be not less than ten feet apart horizontally,and shall be
separated by undisturbed or compacted earth. The water service pipe may be placed in the
same trench with the building drain and building sewer if the conditions listed below are met:
A. Local conditions prevent a lateral separation of ten feet;
B. The bottom of the water service pipe at all points shall be at least 18 inches
above the top of the sewer line at its highest point. All water and sewer services
must be inspected an approved by the building inspector prior to backfilling.
C. The water service pipe shall be placed on a solid shelf excavated at one side of
the common trench, and shall have no joints from the buffalo box to the water
meter inside the house;and
D. The material and joints of sewer and water service pipe shall be installed in such
a manner, and shall posses the necessary strength and durability to prevent the
escape of solids, liquids, and gasses there from under all known adverse
conditions, such as corrosion, strains due to temperature changes, settlement,
vibrations,and superimposed loads.
10. Depth of bury shall be 5'6" below finish grade. No joints will be allowed between the
corporation stop and the curb stop.
11. All watermain shall be looped and double fed, and shall be extended to the far limits of the
development, and in size appropriate for future development, as directed by the City
Engineer. Recapture and over-sizing may be applicable.
12. The developer shall reimburse the City of Yorkville for the cost of water to fill and test new
watermains,and also for the cost of laboratory tests after chlorination. The water cost shall be
at the bulk rate charged by the City of Yorkville at that time. The volume of water shall be
calculated as the volume of two and one-half times the lengths and diameters of new
watermains.
13. Watermain proposed to cross existing city streets shall be constructed by directional boring.
Open-cut construction shall not be allowed without consent from the Public Works Director.
14. Connections to existing watermains shall employ line stops to minimize the disruption of
service to existing residents.
5-14
Standard Specifications for Improvements
SANITARY SEWER SYSTEM
A complete sanitary sewer system is required for all new development. The minimum internal
size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a
minimum of three feet lower than the lowest floor elevation at all service connection locations,but
not less than eight feet below finished grade, wherever possible. Should the sewers serving a
particular development not be deep enough to serve the basement, as noted above, then overhead
plumbing will be required. However, all levels of the building must be served by gravity, with
only the below-grade levels being served by a pump unit. The City Engineer may require that
certain buildings not have subgrade levels due to special situations.
The sanitary sewer shall be extended to the development's far extremes, as directed by the City
Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades
for the sewer,so as to fit the overall plan for the City. The City strongly discourages the use of lift
stations, but if the City Engineer approves the use of a public lift station, the following shall be
required as a minimum:
A. The pumps shall be submersible,with a back up pump and well-designed wet well.
B. The station building shall be a brick structure with conventional-pitched roofing and paved
access. The building shall comply with all International Building Code regulations, and shall
be heated and ventilated. The subdivider shall follow normal building permit procedures,and
pay the normal fees for construction of the lift station building.
C. The unit will be equipped with a back-up power source,utilizing natural gas as a fuel,and can
operate on manual or fully automatic mode,complete with a variable exercise mode.
D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well
shall be measured with a pressure transducer. A dial-out alarm system matching that
currently in use in the City shall be provided.
E. The City Engineer must approve any and all lift stations, and may require other
improvements.
F. There shall be good-quality noise control, and all electronic components shall be explosion-
proof.
G. Force mains shall be sized to carry the initial, intermediate, and ultimate flow rates from the
tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be
watermain quality Ductile Iron with polyethylene encasement. Gate valves in vaults shall be
constructed in the force main at intervals not exceeding 600 feet, to allow quick isolation in
the event of a leak. Blow-off valves in vaults shall be constructed at high points in the force
main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at
150-psi for two hours,similar to watermain testing.
H. The sub-divider shall maintain an inventory of each size and type fuse, relay, and other plug-
in type devices used in the lift station motor control center, as recommended by the
manufacturer. These items shall be housed in a wall mounted metal cabinet. The subdivider
shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf
space,and one(1) fire extinguisher rated for Type A,B,and C fires.
I. The sub-divider shall provide start-up training to the Public Works Department personnel,and
shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift
station.
J. Underground conduit shall be heavy-wall PVC.
S-15
Standard Specifications for Improvements
K The exterior of the wet well shall be waterproofed. The City may require the wet well to have
a minimum internal diameter of up to eight feet.
Sewer construction cannot start until the Illinois Environmental Pollution Agency (IEPA) has
notified the City Engineer that approvals have been secured. Sanitary sewer pipe shall be PVC
.plastic pipe,with a minimum SDR 26. All pipe and fittings shall be pressure rated in accordance
with ASTM D-2241 and ASTM D-3139 (per AWWA C-900) for sizes 6-15 inches. Solvent joints
are not permitted.
All public sanitary sewers will be air and mandrel tested (7-point minimum) by the developer, at
his expense, under the supervision of the City Engineer. One copy of the report shall be
forwarded to the Yorkville-Bristol Sanitary District, and one report shall be forwarded to the City
Engineer.
All testing will be done in conformance with the "Standard Specifications For Water and Sewer
Main Construction in Illinois",current edition.
All public sanitary sewers shall be internally televised in color and recorded on videotape and
written log by the developer,at his expense;under the supervision of the-City Engineer,to ensure
that the sewers are straight,unbroken,tight,and flawless. There must be good-quality lighting for
a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the
system, at the developer's expense. The videotape must clearly mark the segment being televised
through manhole numbering, and the image must clearly identify the footage as it progresses
through the pipe. One copy of the complete videotapes and written log shall be forwarded to the
Yorkville-Bristol Sanitary District,and one complete set shall be forwarded to the City Engineer.
All manholes will be required to be internally vacuum tested by the developer, at his expense,
under the supervision of the Engineer. This test will check the integrity of the complete structure,
from the invert to the casting, including all adjusting rings. One copy of the test results shall be
forwarded to the Yorkville-Bristol Sanitary District, and one copy shall be forwarded to the City
Engineer. Vacuum testing of-each manhole shall be carried out immediately after assembly
backfilling,and rough grading,and shall be witnessed and approved by the City Engineer. All lift
holes shall be plugged with an approved non-shrinking grout. No grout will be placed in the
horizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to
securely brace the plugs from being drawn into the manhole. The test head shall be placed at the
inside of the top of the casting and the seal inflated in accordance with the manufacturer's
recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut
off. With the valve closed,the time shall be measured for the vacuum to drop to nine inches. The
manhole shall pass if the time is greater-than 60 seconds for a 48-inch diameter. manhole, 75
seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall
be Neenah No.R-1030 frame,East Jordan No. 105123,and Type B cover,or approved equal.
If the manhole fails the initial test,necessary repairs shall be made with a non-shrink grout,while
the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained.
If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing,but
before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in
the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested
again.
All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal,
with Type B covers. All Type B covers shall have"City of Yorkville"and"Sanitary'cast into the
lid, and shall have concealed pick holes with a machined surface and watertight rubber gasket
seals. All manhole segments, including the frame and adjusting rings, shall be set with butyl rope
joint sealant Manholes shall be minimum four-foot diameter, and shall not be located in
pavement,curb,gutter,or sidewalk
S-16
Standard Specifications for Improvements
All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible
manhole sleeve), having a nominal wall thickness of 3/16" with a ribbed concrete configuration
and with stainless steel binding straps,properly sized and installed for all conduits.
All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced
at a maximum interval of 300 feet, except that a closer spacing may be required for special
conditions. The maximum allowable amount of adjusting rings shall be eight inches in height
using as few rings as possible. All manholes shall be marked at the time of construction with a
four-inch by four-inch hardwood post neatly installed vertically and with a minimum three-feet
bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted
white.
Wells and septic systems are allowed in Estate-residential developments that are not within 250
feet of water and/or sewer service. When each lot is within 250 feet of water and/or service,that
lot may maintain their septic and/or well only until failure of the septic or well. At that time the
lot must,if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water,as the
case may be,connect to the City utilities at the lot owner's sole expense. After connection to the
City Sanitary Sewer System,individual septic fields shall be abandoned by pumping out the tank,
knocking in the cover, and filling with dirt or stone in accordance with Health Department
regulations.
TRAFFIC STUDY
A traffic study may be required,and shall include:
1. Levels of service for existing conditions;
2. Levels of service for post-construction conditions;
3. All calculations shall be conducted according to the"Highway Capacity Manual";
4. Recommendations as to additionalAimited access,additional lanes,signalization,etc.
If the City of Yorkville requires a traffic study for,a development,that study will be contracted for
by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit
with the City of Yorkville, in an amount to be determined by the City Engineer. The City shall
return any unused portion of the deposit to the developer upon approval of a Final Plat or Site
Plan.
If the land use plan of the development changes during the approval process,the developer may be
required to make additional deposits to fund re-analysis and revisions to the Traffic Study.
The need or requirement for a traffic impact study shall be determined during the concept or
preliminary planning stage of the proposed development. The developer/subdivider shall meet
with City of Yorkville officials during one of these stages for the purpose of determining the
traffic study requirements. When the City of Yorkville requires that a traffic study be prepared
based upon the above, the study shall include, but not be limited to, addressing the following
issues:
INTRODUCTION: A general description of the proposed development, including it's size,
location,the political jurisdiction in which the site is located,the boundary limits of the study area,
and any other information needed to aide in the review of the development's traffic impacts.
PROJECT DESCRIPTION: A description of the existing and proposed land uses of the
development. If altemative land uses are being proposed,the highest trip generation uses shall be
assigned for each land use.
SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to
the proposed development,including a sight distance analysis.
S-17
Standard Specifications for Improvements
EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external
roadway networking the vicinity of the proposed development,to include functional classification,
primary traffic control devices, signalized intersections, roadway configurations, geometric
features (curves and grades), lane usage, parking regulations, street lighting, driveways servicing
sites across from or adjacent to the site, and right-of-way data- The area of influence shall be
determined by the traffic generated from the site, the trip distribution of traffic, and the trip
assignment of the traffic generated by the development over the surrounding area road network.
EXISTING AM. PM & TOTAL DAILY TRAFFIC VOLUMES: Existing AM, PM, and total
daily traffic volumes for access driveways (if existing), intersections, and the roadway network in
the site vicinity shall be determined and displayed on a graphic(s) in the final report. To determine
AM and PM existing traffic volumes, machine counts and/or manual counts shall be conducted
during a three-hour period of the morning, between approximately 6:00 AM to 9:00 AM of an
average or typical weekday, and also between approximately 3:00 PM to 6:00 PM, on an average
or typical weekday. Peak hour counts may be required on Saturday and/or Sunday, depending on
the proposed land use. All.AM and PM peak hour counts shall be recorded and summarized in
fifteen-minute increments, and be included in the Appendix of the final report. Manual counts
shall include vehicle classifications, i.e. passenger cars, single-unit, multi-unit trucks and buses.
Traffic counts shall show both entering and exiting traffic at the proposed access points (if
existing),in addition to taming and through traffic movements at critical intersections.
TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for each
type of proposed land use shall be determined for the AM and PM peak hours, and total daily
volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The
trip generation rates shall be calculated from the latest data available contained in the Institute of
Transportation Engineer's "Trip Generation Manual". If trip generation rates for a specific land
use are not available from the "Trip Generation Manual", the United City of Yorkville shall
approve the substitute rates.
SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled
routes in the vicinity of the development shall be used for trip distribution and assignment
purposes. The directional distribution of site-generated traffic approaching and departing the
development should be shown in both graphic and tabular form. All assumptions used in the
determination of distribution and assignment shall be clearly stated.
EXISTING. PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing, plus site-generated
traffic volumes for the AM and PM peak hours, and total daily traffic for access drives,
intersections, and the roadway network in the site vicinity shall be determined and displayed on a
graphic(s) in the final report. Traffic volumes shall show both entering and exiting traffic at the
proposed access points, in addition to turning and through traffic movements at critical
intersections.
FUTURE TRAFFIC (EXISTING PLUS SITE-GENERATED) VOLUMES: Future traffic
(existing,plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily
traffic for access drives,intersections,and roadway network in the site vicinity shall be determined
and displayed on a graphic(s) in the final report. Projected increases in the external (non site-
related)roadway traffic must also be determined. The selection of a horizon year for which traffic
operation conditions are to be characterized may be considered as the date full build-out and
occupancy is achieved. If the project is a large multi-phased development in which several stages
of development activity are planned, a number of horizon years may be required, that correspond
to the bringing on line of major development phases. Horizon dates should be times to coincide
with major stages of the overall project, or to coincide with increments of area transportation
system improvements.
S-18
Standard Specifications for Improvements
INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced
intersections shall be subject to an existing, plus projected, capacity analysis. Projected traffic
conditions shall include the effects of any committed developments within the influenced area.
The existing and projected levels of service derived from the analysis shall be used to aid in the
evaluation of design and operation alternatives of the access driveways and influenced
intersections. The capacity analysis shall be in accordance with the techniques described in the
most recent edition of the Transportation Research Board's"Highway Capacity Manual", Special
Report 209.
SIGNALIZATION WARRANTS: If it is anticipated that the development's driveway(s) or
existing external non-signalized intersections will satisfy signalization warrants,a warrant analysis
shall be conducted,using the projected volumes determined from the trip generation. The results
of such an analysis shall be tabulated in the traffic impact study.
CONCLUSIONS AND RECOMMENDATIONS: Clear and concise descriptions of the findings
shall be presented in the final report These findings shall include all recommended improvements
for access facilities, internal roadways and intersections, and external roadway and intersection
improvements.
5-19
Standard Specifications for Improvements
DRIVEWAY AND PAR ICING LOT PAVING
ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING
SPECIFICATIONS:
1. ASPHALT:
A. RESIDENTIAL
Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted
CA6 limestone or crushed gravel.
B. COMMERCIAL/INDUSTRIAL
Three-inch I-11 bituminous concrete surface, over ten-inches (minimum) of compacted
CA6 limestone or crushed gravel.
2. CONCRETE:
A. RESIDENTIAL
Six-inch Class X, over six-inches (minimum) of compacted CA6 limestone or crushed
gravel.
B. COMMERCIAL/INDUSTRIAL
Eight-inch Class X,over eight-inches of compacted CA6 limestone or crushed gravel.
3. PAVING BRICK:
A. RESIDENTIAL
Paving brick over one inch of sand and eight inches of compacted CA6 limestone or
crushed gravel.
4. SEALCOAT:
A. COMMERCIAL NDUSTRIAL
An A3 seal coat, as defined by the IDOT's Standard Specifications for Road and Bridge
Construction, may be allowed on areas behind the building, when used as a temporary
surface, not to exceed three years, after which it must be paved to the above
specifications. The same base should be ten inches (minimum) of compacted CA6
limestone or crushed gravel.
S-20
Standard Specifications for Improvements
This Resolution shall be in full force and effect form and after its due passage, approval,and
publication,as provided by law.
Passed and approved by the Mayor of the United City of Yorkville,Kendall County,Illinois,
This day c ,200` .
ayor
Passed and approved by the City Council of the United City of Yorkville, Kendall County,
Illinois,
This kc—:�m _day ,200`f .
ATTEST
City Clerk
SEAL
RICHARD STICKA. WANDA OHARE
VALERIE BURD
LARRY KOT
MARTY MUNNS /l PAUL JAMES
JOE BESCO ROSE SPEARS
5-21
FIGURE 2
Minimum Minimum Minimum radius Minimum Tangent
Right-of-Way Roadway to Centerline of Length of between Maximum Minimum Clear Sight
Street Width Width Horizontal Curves Vertical Curves Reverse Curves Gradient Gradient Distance
Expressways 200 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft
Local Expressways 100 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft
Collector, Major 80-100 ft 51 ft 1000 ft 30x* 200 ft 5% 0.50% 500 ft
Collector, Minor 70 ft 34 ft 400 ft 30x* 200 ft 5% 0.50% 400 ft
Local, Minor for
Row houses &A is 66 ft 30 ft 150 ft 15x* 100 ft 8% 0.50% 200 ft
Minor, for Single
Family Residence 66 ft 30 ft 100 ft 15x* 100 ft 8% 0.50% 200 ft
Cul-de-Sac Street ** 66 ft 30 ft 100 ft 15x* 100 ft 6% 0.50% 200 ft
Turn-around Diameter 130 ft 100 ft
Length Maximum 600 ft***
Business & Industrial
Districts 80-100 ft 39 ft 500 ft 30x* 200 ft 5% 0.50% 500 ft
* x = algebraic difference in rules of=grade. Where x is less than 3, then 3 shall be substituted for the actual value.
** See definitions.
*** The maximum length of a cul-de-sac shall be measured along its center line, between the center line of an intersection through
street and the maximum extent of the turn-around right-of-way.
Minor Collector streets shall not have intersecting streets or drives any closer than 200 feet apart. Major Collector streets shall not
have intersecting streets or drives any closer than 400 feet apart.
FIGURE NO. 3
DETENTION POND VOLUME CALCULATIONS, CONTINUED
2-Year Detention Pond Volume
Subdivision Name: Sample For Standard Specifications Date:
Storage Required
Duration Intensity Runoff Rate Volume
Hour Lbib6 (CFS) (CFS) (acre-ft
0.250 3.28 14.268 14.108 0.291
0.500 2.24 9.744 9.584 0.396
1.000 1.43 6.221 6.061 0.501
2.000 0.90 3.915 3.755 0.621
3.000 0.65 2.828 2.668 0.661
4.000 0.53 2.306 2.146 0.709
5.000 0.44 1.914 1.754 0.725
6.000 0.38 1.653 1.493 0.740
8.000 0.31 1.349 1.189 0.786
10.000 0.26 1.131 0.971 0.802
12.000 0.22 0.957 0.797 0.790
15.000 0.18 0.783 0.623 0.772
18.000 0.16 0.696 0.536 0.797
21.000 0.14 0.609 0.449 0.779
24.000 0.13 0.566 0.406 0.804
Composite"C"factor determination
Type of Area Acres "C Factor CxA
Grass 1.000 0.500 0.500
Pavement 1.000 0.980 0.980
Wet/Green Detention 1.000 1.000 1.000
Rooftop 1.000 1.000 1.000
TOTALS 4.000 3.480
^C^= 0.870
Cm =1.25 x C= 1.088
Allowable Run-off= 0.04 cfs/acre
A1lowable,f2un o3f,. a, a ; ._...0,1ficfs
Rqu�red
fJ
�ietenfaon
FIGURE NO. 3
DETENTION POND VOLUME CALCULATIONS, CONTINUED
25-Year Detention Pond Volume
Subdivision Name: Sample For Standard Specifications Date:
Storage Required
Duration Intensity Runoff Rate Volume
Hour qDit6 (IFS CFS acre-ft
0.250 5.96 25.926 25.606 0.529
0.500 4.08 17.748 17.428 0.720
1.000 2.59 11.267 10.947 0.905
2.000 1.63 7.091 6.771 1.119
3.000 1.18 5.133 4.813 1.193
4.000 0.97 4.220 3.900 1.289
5.000 0.82 3.567 3.247 1.342
6.000 0.69 3.002 2.682 1.330
8.000 0.56 2.436 2.116 1.399
10.000 0.46 2.001 1.681 1.389
12.000 0.40 1.740 1.420 1.408
15.000 0.33 1.436 1.116 1.383
18.000 0.28 1.218 0.898 1.336
21.000 0.25 1.088 0.768 1.332
24.000 0.23 1.001 0.681 1.350
Composite "C"factor determination
Type of Area Acresf "C" Factor CxA
Grass 1.000 0.500 0.500
Pavement 1.000 0.980 0.980
Wet/Green
Detention 1.000 1.000 1.000
Roofto 1.000 1.000 1.000
TOTALS 4.000 3.480
^C" = 0.870
Cm =1.25 x C= 1.088
Allowable Run-off 0.08 cfs/acre
Rqu�re �]e#ent�o voTufxae ! 4084acre feet
FIGURE NO. 3
DETENTION POND VOLUME CALCULATIONS
100-Year Detention Pond Volume
Subdivision Name: Sample for Standard Specifications Date:
Storage Required
Duration Intensity Runoff Rate Volume
Hour IiBm CFS) (CFS) (acre-ft
0.250 8.20 35.670 35.070 0.725
0.500 5.60 24.360 23.760 0.982
1.000 3.56 15.486 14.886 1.230
2.000 2.24 9.744 9.144 1.511
3.000 1.62 7.047 6.447 1.598
4.000 1.30 5.655 5.055 1.671
5.000 1.10 4.785 4.185 1.729
6.000 0.95 4.133 3.533 1.752
8.000 0.77 3.350 2.750 1.818
10.000 0.64 2.784 2.184 1.805
12.000 0.55 2.393 1.793 1.778
15.000 0.46 2.001 1.401 1.737
18.000 0.39 1.697 1.097 1.631
21.000 0.35 1.523 0.923 1.601
24.000 0.32 1.392 0.792 1.571
Composite"C"factor determination
Type of Area Square Feet Acres "C" Factor CxA
Grass 43560 1.000 0.500 0.500
Pavement 43560 1.000 0.980 0.980
Wet/Green Detention 43560 1.000 1.000 1.000
Rooftop 43560 1.000 1.000 1.000
TOTALS 174240 4.000 3.480
"C" = 0.870
Cm =1.25 x C= 1.088
Allowable Run-off= 0.15 cfs/acre
aAliowablettffa
Regrec7 de tion�roiume.
FIGURE 4
THE UNITED CITY OF YORKVILLE
10' 6' RO N 0'
6' SIDEWALK (TYP.) STANDARD LIGHTPOLIs
F
TREE(BOTH SI)ES) W
w.
U7 [�
FIRE HYD. o
cas 1'
. . SURFACE SE. 1 112-) STORM
BIT CONC CC
B-BOX � � SANITARY SEWER
BIT. CONC. BINDER CSE (2 1 f2") SEWER
WATERMAIN 10" AGG. BASIS' CSE.
COMB, CC&G TY. B6.f2 (TYP.)
NOTE: PAVEMENT FABRIC SHALL
BE PLACED BENEATH AGGREGATE
BASE IN NON—GRANULAR
SUBGRADE AREAS.
TYPICAL LOCAL RESIDENTIAL STREET X--SECTION
NOT TO SCALP
-S25-
FIGURE NO. 5
CHECK LIST FOR PRELIMINARY PLANS
SECTION 1: WRITTEN DOCUMENTS
1. A land use application containing the following: Not Applicable Acceptable Deficient
A. A statement of planning objectives to be achieved by the plan
B. A time schedule of the proposed development of the area
covered by such preliminary plan
C. Exceptions or variations to City Zoning or Subdivision
Ordinances being requested as part of the plan,including the
specific section of the Ordinance.
2. A boundary survey of the area covered by such preliminary plan,
prepared and certified by a registered Illinois surveyor.
SECTION 2: GENERAL PLAN INFORMATION
1. A rendered outline of the area covered by such preliminary
plan drawn at a scale of not less than 1 inch equals 100 feet.
2. The plan must contain the following information:
A. Scale
B. North Arrow
C. Original and Revised dates
D. Name and address of owner of record
E. Name and address of site plan designer
F. Current zoning of the property
G. All categories of proposed land use
3. The following information regarding contiguous property:
A. Location of contiguous property
B. Zoning of contiguous property
C. Land use of contiguous property
4. The following site data provided in the lower right comer:
A. Size of property in square feet or acres
B. Square footage and percent of site coverage with buildings
C. Square footage and percent of site coverage with pavement
D. Number of parking spaces to be provided
E. Number of parking spaces required by zoning ordinance
F. Number of proposed buildings/dwelling units/lots
SECTION 3: PLAN DATA REQUIREMENTS
1. A site location map.
2. Dimensions of the property.
3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch
equals one hundred feet.
4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities.
5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-of-way and paved surfaces,and
existing and proposed sidewalks.
6. Dimensioned building setbacks,and as applicable; areas for off-street parking,trucking maneuvering and service,and open
space/recreational facilities.
A schematic of existing or proposed public utility systems,including the size of sanitary sewers, storm water lines,&streetlights.
Existing vegetation and plantings.
9. Any other information required by the City,to clearly show the proposed site plan elements.
FIGURE NO. 6
CHECK LIST FOR FINAL PLANS
SECTION 1: WRITTEN DOCUMENTS
1. A land use application containing the following: Not Applicable Acceptable Deficient
A. A statement of planning objectives to be achieved by the plan.
B. A development schedule,indicating the approximate dates for
construction of the Final Plan.
C. Petitioners proposed covenants,restrictions,and conditions to
be established as part of the Final Plan.
D. Exceptions or variations to City Zoning or Subdivision
Ordinances being requested as part of the Final Plan,
including the specifics of the Ordinance.
SECTION 2: GENERAL PLAN INFORMATION
1. Must be drawn to accurate engineering scale.
2. Must contain the following information:
A. Scale
B. North Arrow
C. Original and Revised dates
D. Name and address of owner of record
E. Name and address of site plan designer
3. The following information regarding contiguous property:
A. Location of contiguous property
B. Zoning of contiguous property -
C. Land use of contiguous property
4. Site data to be provided in lower right hand comer:
A. Legal Description
B. Size of property in square feet and acres
C. Current Zoning
D. Square footage&percent of site coverage with buildings
E. Square footage&percent of site coverage with pavement
F. Square footage&percent of site coverage with landscaping
G. Number of parking spaces required by zoning ordinance
H. Number of parking spaces to be provided
I. Number of buildings
I Number of dwelling units
K. Breakdown of dwelling unit bedroom types
5. Landscape data to be provided in lower left hand comer:
A. Number of plantings by type
B. Size of plantings at installation
C. On-center spacing for hedges (Should be 3 feet apart)
D. Caliper size of all trees at installation
FIGURE NO. 6
CHECK LIST FOR FINAL PLANS, CONTINUED
SECTION 3• PLAN DATA REOUIREMENITS
1. Dimensions of property.
2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and
their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and
recreation facilities.
3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan.
4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed
treatments of points of conflict.
5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television
lines,including their sizes.
6. Proposed public and private lighting systems.
7. Existing and proposed easements for utility services.
8. Proposed signage,indicating location and size.
9. Existing vegetation and plantings.
10. Proposed berming and fencing.
11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,
public parks,recreational areas,school sites,and similar semi-public uses.
12. Any other information necessary to clearly show the proposed site plan elements.
jLAI
UNITED CITY OF YORKVILLE
PARK AND RECREATION DEPARTMENT
PARKS DEPARTMENT
PARK DEVELOPMENT STANDARDS
June 1, 2003
TABLE OF CONTENTS
1. DEFINITIONS .................................................................................:.......................4
2. OPEN SPACE SYSTEM AND GUIDELINES .........................................................5
2.1. CATEGORIES OF OPEN SPACE...............................................................................................5
2.2. LAND/CASH DEDICATION ORDINANCES.............................................................................7
2.2.1. Areas of NO Credit...............................................................................................................7
2.2.2. Full or Partial Credit..............................................................................................................8
2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES.........................................................8
3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS....................................9
3.1. Park Design—Neighborhood park...........................................................................................9
3.2. Timing of Dedication and Acceptance....................................................................................9
3.3. Utilities......................................................................................................................................10
3.4. Topsoil......................................................................................................................................10
3.4.1. General...............................................................................................................................10
3.4.2. Stockpiling..........................................................................................................................10
3.5. Grading/Filling.......................................................................................................................10
3.5.1. Slopes.................................................................................................................................10
3.5.2. Filling/Borrow....................................................................................................................10
3.5.3. Environmental Precautions/Assessment..........................................................................11
3.6. Detention/Retention Basins-Stormwater Management...................................................11
3.6.1. General:............................................................................................................ 11
3.6.2. Retention Basins(Wet Ponds)...........................................................................................11
3.6.3. Detention Basins(Dry Ponds)............................................................................................12
3.6.4. Inlet and grate design.........................................................................................................15
3.7. Greenways/Wetlands/Floodplain areas..............................................................................15
3.8. Conservation and Protected Areas........................................................................................15
3.9. Turf Grass.................................................................................................................................15
3.9.1. Mulching.............................................................................................................................15
3.10. Existing Vegetation, new plantings,and landscaping.........................................................16
3.10.1. Existing Vegetation............................................................................................................16
3.10.2. New Landscape Material- Planting Standards..................................................................16
3.11. Pathways and Trails on Public Property...............................................................................20
3.12. Playgrounds/Park Improvements ........................................................................................22
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.2
3.13. Maintenance Standards (By Developer) ...........•••...................••°•°•°• ...°°°..23
3.13.1. Escrows(Under Legal Consideration)................................................................. ....23
3.13.2. General..........................................................................................................................
3.13.3. Turf.....................................................................................................................................23
3.13.4. Plantings......................................................................................................
.....24
3.13.5. Mesic and Wet mesic areas......................................................................................... .....26
3.13.6. Playground and Site Improvements.............................................................................
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.-3
1. DEFINITIONS
1. Standard Specifications: (SSRBC)Whenever reference is made to the"Standard
Specifications"it shall be understood to mean the latest issue of the"Standard Specifications
for Road and Bridge Construction"and subsequent revisions of the"Supplemental
Specifications and Recurring Special Provisions"of the Illinois Department of Transportation.
2. Developer. Refers to and means the individual, corporation, co-partnership or other person or
organization who or which has desires to bring a new subdivision or planned unit development
within the corporate limits of the United City of Yorkville.
3. Americans with Disabilities Act: Refers to the federally mandated Act passed in 1990, and/or
State Accessibility guidelines(Section 504), whichever may be more stringent.
4. Buffers:Areas designed to reduce the sound or visual impact on the neighboring community
or houses. Buffers can be made by planting of bushes or a mixture of vegetation.
5. Conservation Natural area identified as having rare plant or animal species, or areas
identified within the Parks Open Space Master Plan. This area may include or be identified as
a fen,watershed or have historic value needing preservation.
6. Detention(Dry Ponds):Areas designed to hold storm water runoff for a determinate amount
of time(typically 48 hours), then drain to a dry condition.
7. Flood Plain: That land adjacent to a body of water with ground surface elevations at or below
the base flood or the 100 year frequency flood elevation. The floodplain is also known as the
Special Flood Hazard Area (SFHA).
8. Private facilities and parks: Parks or facilities that are secluded from the general population;
or owned and controlled by a person or group rather than the public or municipality.
9. Public Open Space:Any publicly owned open area, including but not limited to the following:
parks, playgrounds, conservation, trails, greenways, etc.
10. Retention(Wet Ponds) :Areas designed to hold storm water and natural groundwater on a
permanent basis. Retention areas are designed with normal and high water levels, and an
overflow point for large storms.
11. Public Sidewalk That portion of street or crosswalk way, paved or otherwise surfaced,
intended for pedestrian use only.
12. Trail way Is a paved path or connecting paths or walkways with the intent to allow pedestrians
or bikes to traverse across the City.
13. Wetlands As defined by the Illinois Department of Natural Resources and/or US Army Corps
of Engineers.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.4
2. OPEN SPACE SYSTEM AND GUIDELINES
The Northeast Illinois Planning Commission states that "Open space provides more than recreational
opportunities; it is land that society needs to conserve as natural, cultural, historic, and agricultural
resources. One of the most common misconceptions regarding open space and recreation is that the
two terms are synonymous.A strong relationship does exist between open space and outdoor
recreation but in most cases, recreation is something separate and distinct from open space.°
Therefore, a park is open space, but open space is not necessarily a park.
2.1. CATEGORIES OF OPEN SPACE
The National Park and Recreation Association (NRPA)has developed six categories of open
space that the United City of Yorkville has simplified into three recognized categories. They are:
A. ENVIRONMENTAL CAPACITY-protects natural and or cultural resources from
development.
B. SHAPING CAPACITY-provides relief from extensive urbanization and promote the
integration of neighborhoods. City, county, state, and federal planning agencies usually
define this land as"land that shapes a community and is reflected in greenbelts, county
forest preserves, state, and national parks."This category is also reflected in local
ordinances stipulating density formulas and open space requirements for subdivisions.
C. RECREATIONAL CAPACITY-provides space for single or multiple, active and passive
recreation activities
The United City of Yorkville has determined that acquisition and development of land meeting the
recreational and environmental requirements of its residents is its role in the fabric of the
community.These functions are subdivided into both local and regional classifications. The
Kendall County Forest Preserve provides these functions to the regional area.The Parks
Department's responsibilities pertain to the local classifications, which are:
A. RECREATIONAL CAPACITY-Local Classifications
1. Mini-Parks—The mini-park is used to serve isolated or limited recreational needs.
Mini-parks are often tot lots, created to serve a resident population too distant from a
community park, or in an area with high density populations. The mini-park is
approximately 1 acre in size. Development is usually limited, requiring no parking or
extensive site work. Examples of mini-parks in Yorkville are Purcell Park, and Cobb
Park.
2. Neighborhood Parks -The neighborhood park is sized between 2 to 15 acres. Is
intended as a supplement to or substitute for a play lot where population density,
geographic barriers or distance preclude easy access. Examples of such facilities
include play apparatus areas for pre-school and elementary children, hard surface
areas for hopscotch, shuffleboard, tetherball, four-square and court games for
basketball, volleyball, badminton, etc., and open play areas for softball, football,
soccer, and winter sports. The concept of development emphasizes spontaneous
rather than higher organized play. The playground should be easily accessible to
pedestrian use.
Neighborhood parks may be combined with school sites. Although any classification
of park can be combined with a school, the age of users makes it preferable that
neighborhood parks and elementary schools are the most desirable combination.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.5
Examples of neighborhood parks in Yorkville are Sleezer Park, Town Square and
Prairie Park.
3. Athletic Parks—These are more commonly associated with Junior High Schools,
where the advantage of multiple athletic fields for public as well as school use comes
to play. The facilities should represent the functional needs of each agency, with the
intent of satisfying one or more of the following requirements: (1)to avoid duplication
of land and facilities unless existing facilities are over utilized: (2) coordination of
services, and(3)to diminish capital expenditures and needs of each agency.
Development should be similar to the neighborhood park.
4. Community Parks-The community park is sized between 7 and 40 acres, and
development is intended for people of all ages. It is preferred; that the park be
centrally located and serve at least four neighborhoods. Amenities found in a
neighborhood park are included, supplemented by large open spaces for athletic
games and organized sports. Internal walk patterns are desirable to connect the
various functions, as well as providing pedestrian and bicycle paths. Adequate off-
street parking should be provided in accordance with functions constructed. It should
be accessible by motorized and non-motorized traffic. The classification may also
serve as a neighborhood park facility for the area in which it is located.
5. Sports Complex-The sports complex is sized between 16—75 acres. It is
developed to meet the needs of specific users groups and local athletic associations-
for practice, team, and tournament play. These sites have adequate parking and are
located on good traffic routes. They may also be located to take advantage of bicycle
and pedestrian trail systems. Fields should be as multipurpose as possible, so a wide
variety of flexibility can be maintained. Due to the ambient noise, traffic, and lights,
sports complexes are not recommended to be located in the center of residential
areas—in fact, sports complexes should be the solution to the typical problems of
using neighborhood parks for competitive athletics. It is best to allow for additional
space when acquiring sports complex space, as needs and trends are subject to
constant change. An example of a sports complex park is Beecher Park.
6. Special Use Parks -Special use parks are intended for single interest activities and
are large enough to accommodate the demand, therefore size can vary from 1 to 50
acres. They may be separate from, or a part of all park classifications; or a previous
classification type may be a part of a special use park. Examples are tennis centers,
outdoor education centers, museums, conservatories, golf course, children's farm,
sports complexes, skate parks, splash/spray parks, swimming pool/aquatic
centers, etc. Since users are going to come from a distance, the site should be near
major vehicular access routes and bike trails.
B. ENVIRONMENTAL CAPACITY-Local Classification
Natural Resource Park(Linear Greenways/Trail systems)-The Natural Resource
Park(or area) is utilized as a buffer zone,watershed, or conservation area and
affords a passive appearance with managed natural habitats and plant ecosystems.
These areas can be used to protect fragile or rare ecosystems. Sizes range most
often range between 20 to 99 acres. Smaller areas may prove useful in special
situations. Often these areas require skilled management to maintain sustainability
and preserve healthy biodiversity of plant life.
When utilized as a linear greenbelt and/or trail corridor, natural areas can serve as
environmental bridges, supporting the movement of wildlife between other larger
areas. When combined with public use areas, greenbelts are usually lined with
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.6
maintained turf areas, and development can include open play areas, pedestrian and
bicycle paths, park benches, picnic and rest areas, and water oriented facilities. It is
quite common to see detention/retention ponds included in these areas. In
instances where this classification of park is flood prone, construction of permanent
structures is discouraged. The public use infrastructure should remain supplementary
to the functional classification of lands described.
Other functions of a natural resource park may include:
1. Conservation of local resources, such as streams,wetland habitats, and forests.
2. Preservation of environmental and/or historic resources in conjunction with local
historic preservation agencies.
2.2. LAND/CASH DEDICATION ORDINANCES
The United City of Yorkville Land Dedication Ordinance requires 10 acres per 1,000 population be
donated for parks as part of the subdivision/planned unit development approval process.The
contribution of land/cash is in accordance with the City Land/Cash Ordinance. It is for these
stipulated acres that the following standards have been developed. These standards will also act
as guidelines for land donated to satisfy other functions of open space.
"The ultimate population density to be generated by a subdivision or planned unit development
shall bear directly on the amount of land required to be dedicated for park and recreation sites.
The acreage of land dedication requirement shall be determined by obtaining the total population
of the development times 10 acres per 1,000 population. Total population is determined by
applying the estimated ultimate population per dwelling unit table to the number of respective units
in the development. Each single family home will be calculated to have four bedrooms; Duplex
unit will be calculated as 50%two bedroom units and 50%three bedroom units; Town home and
apartments will be calculated with two bedrooms".
When available land is inappropriate for park, or recreational use, the City shall require a cash
contribution in lieu of the land dedication. This is based on the land cash calculation and the value
per acre of the land based on the"Fair market value".
In cases approved by the Park and Recreation Board, the contribution of Land Cash can be a
mixture of 50%land 50%cash, or other agreed upon contribution mixes.
A developer may donate the land and cash for park development upfront to have the construction
of the park expedited. Otherwise, a 50% build-out standard for the subdivision may be set in
place for park development.
2.2.1. Areas of NO Credit
1. No credit for exclusively private facilities&parks.
2. No credit for retention or detention areas, measured at the top of the bank.
3. No credit for lands located within the 100 year floodplain.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.7
2.2.2. Full or Partial Credit
Credit may be received for active wet areas(lakes, rivers, creeks) historical areas, conservation
area or other areas, that are identified to have recreational or conservation value. This will be
considered on a case-by-case basis. Studies may be required to verify historical and/or
conservation areas.
Credit will be given for trail ways that are identified as infrastructure or connecting trails to a
regional trailway system. Partial credit may be given for undeveloped trailways.
Full credit may be given to land donations that are usable and or classified as developable for use
for the general public.
2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES
The Park and Recreation Board and staff will plan the development of the park and/open land site
with the following guidelines whenever possible.
1. Based on the established land cash ordinance a developer will make a donation of park land
to the United City of Yorkville Park and Recreation Department for future use and
development.
2. The Park and Recreation Board and staff will project park utilization and design in conjunction
with the Parks Open Space Master plans established needs and determine priority and fiscal
needs.
3. Annually the staff will recommend budget projections for park development based on
available fiscal resources
4. A concept plan will be developed by the park planner or United City of Yorkville Staff
indicating park design and preliminary cost projections.
5. Whenever possible, a public meeting inviting residents for the surrounding subdivision and
area to the location site for input.
6. A finalize concept plan and cost projections will be developed and submitted to the Park
Board for approval and recommendations to the City Council for development.
7. Timeline is established for project management.
8. Project/Park plan completed.
There may be occasions when a developer provides development support in advance to a
subdivision being built which may require these procedures to be adjusted or altered.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.8
3. NEIGHBORHOOD PARK
IMP OVEMENT STANDARDS
3.1. Park Design—Neighborhood park
The following criteria are considered desirable traits for a park to be acceptable to the United City
of orkville:
1. Size: Park sizes shall range between 2 to 15 acres; meet the requirements of the Park Master
Plan, and the approval of the Park Board.
2. Location: Located close to the geographic center of the population served, or as approved by
the Park Board.
3. Combined with an elementary school when possible.
4. Service Area: Approximately within '/z mile of pedestrian barrier-free walking distance to the
site from the residential area it serves.A pedestrian barrier is defined as:
• Any street presently classified or planned by the United City of Yorkville, Kendall
County, or State of Illinois a major arterial street or highway;
• Any street with speed limits over 30 miles per hour,
• Collector streets with an average daily traffic count exceeding 3500 cars, and stop
signs or stop lights further apart than %mile;
• Railroad tracks;
• Natural barriers;
• Land use barriers
5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides.
6 Street Frontage: Street frontage shall be the full length of the park on two of its sides. Said
streets shall be local or collector streets within the neighborhood. Additional access ways
provided shall be a minimum of forty feet in width. Where a school site is adjacent to a park
site the school site can be considered as one of the two required street frontages.
Reasons for street frontage include:
• Enhanced security and visibility
• On-street parking availability
• Encourages users to access the park through trail or sidewalk connections
• Encourages neighborhood to take ownership and responsibility for their park.
Adioining Developments: Whenever possible, the dedicated parcel shall be combined with
dedications from adjoining developments.
3.2. Timing of Dedication and Acceptance
1. The Parks Department encourages, whenever possible, that at the time rough grading
and placement of topsoil is completed on the first residential structure of a particular unit
development, the park site(s) shall also be completed, ready for grading and/or sodding.
All requirements stated herein for acceptance of the site shall be completed to the
satisfaction of the Parks Department. In cases of more than one park site, or linear
parkways, the developer shall determine a schedule of completion with the approval of
the City. The Parks Department will verify that all requirements have been met and the
site is ready for turf. Final acceptance of the site is determinate on the condition of the turf
as stated herein these requirements Section 3.9.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.9
2. Boundaries: The developer shall be required to install permanent metal boundary markers
at each corner of the park site. Markers shall be of typical federal style aluminum marker
4" in diameter that can be placed on top of a re-bar.
3. The Parks Department has the option to require conveyance of areas designated to be
maintained in a natural state prior to commencement of any site work. A separate site-
specific plat of conveyance shall be prepared and submitted prior to issuance of any
permits. The developer is responsible for securing all areas to be conveyed in a natural
state with temporary fencing from the time the areas are platted to conveyance of the
remainder of the site.
4. Environmental Assessment: For all lands to be dedicated to the City, the developer shall
provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized
consultant. This assessment shall check for hidden, or unknown environmental factors
including, but not limited to, buried or contaminated soils and aquifers, underground
storage tanks, and dump sites.
3.3. Utilities
Unless otherwise authorized by the Parks Department, each park site shall be fully improved with
water, sanitary sewer, storm sewer, and electric service.At the time of installation of public
improvements in the subdivision or planned unit development, the developer shall install the
above-mentioned utilities for the park site in accordance with the city approved engineering plans.
If the park site also functions as a storm water control facility, then the drainage structures and
erosion protection shall be installed during rough grading.
The site shall be free of all private gardens,woodpiles, swing sets, sump pump discharge pipes,
and other items that give the impression that a portion of the site is part of the adjacent property.
No sump pumps shall discharge directly onto the site. They may be connected to a catch basin on
the site if approved by local authorities and the United City of Yorkville.
3.4. Topsoil
3.4.1. General
Topsoil shall be spread in all lawn areas to a minimum compacted depth of six(6") inches.
Topsoil shall be friable, loamy mixture surface soil. It shall not be extremely acid or alkaline nor
contain toxic substances harmful to plant growth. It shall be of uniform color and texture. Topsoil
shall be free from large roots, sticks, weeds, brush, subsoil, clay lumps, stones larger than one
(1")inch in diameter, and other litter and extraneous matter undesirable to plant growth.
3.4.2. Stockpiling
Contractor shall not stockpile any topsoil or other soil materials on the park site without written
authorization from the Parks Department.
3.5. Grading/Filling
3.5.1. Slopes
All lawn areas shall maintain a minimum slope of 2.0%, or 2 feet in 100 feet, and a maximum
slope of 4%, or 4 feet in 100 feet. The developer shall submit grading plans to the Parks
Department for approval prior to beginning construction.
3.5.2. Filling I Borrow
There shall be absolutely no burying permitted of site debris, construction debris or rubbish, or any
other extraneous matter on the park site(s). Areas to receive approved fill shall receive clean fill,
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 10
freE of large boulders, concrete, or other debris. The park site may not be used as a borrow
pit.
3.63. Environmental Precautions 1 Assessment
For all lands to be dedicated to the City, the Developer shall provide a minimum of a Phase 1
Environmental Assessment, produced by a recognized consultant. This assessment shall check
for hidden, or unknown environmental factors including, but not limited to, buried or contaminated
soi s and aquifers, underground storage tanks, and dump sites.
At 311 times during construction, the Developer shall take appropriate precautions and prevent the
discharge and/or dumping of hazardous wastes, liquid or solid,from his or other's operations on
any sites within the development, including those to be dedicated to the City. Police and local Fire
Departments shall be notified of any temporary storage of hazardous materials during
co istruction.
3.6. Detention/Retention Basins-Stormwater Management
3.6.1. General:
1. It is not the practice or desire of the Parks Department to accept retention 1 detention
facilities as part of a neighborhood park. Special consideration may be given for
acceptance of detention/retention ponds if they are adjacent to other park areas and
meet usability criteria at the discretion of the Board. This may include, but not be limited
to, safe access, fishing, incorporated trail systems, overlooks, or natural,habitats. At no
time shall the Parks Department accept said basins alone or for stormwater management
purposes alone.
2. Should detention or retention ponds be part of the local donation, they shall meet the
following requirements.
a. Construction shall be in accordance with engineering drawings approved by the
City and shall meet all applicable Parks Departmenestanda sloe grading, depth
b. Changes to the plans including, but not limited to, p slope, 9 g, p
of top soil, location of structures or any other improvements shall not be
implemented unless first approved in writing by the Parks Department.
c. Comply with state statute regarding distance from ROW's.
3 6.2. Retention Basins(Wet Ponds)
1. Design Standard—Retention ponds shall be designed to facilitate a low degree of
maintenance and reduce potential hazards for users and maintenance staff.
2. Shape—Pond configuration shall be natural in appearance featuring varying slopes running
down to the shoreline. Shoreline shall undulate at varying degrees around the pond
perimeter. Provisions in the plans for configuration of a pond shall allow for access for
dredging, grate maintenance, and accommodation of maintenance considerations. The
Parks Department and developer shall jointly determine final shoreline configuration.
3. Size—the ponds shall be no smaller than two (2) acres.
4. Depth—These areas are designed to a minimum depth below normal water levels of 6 feet.
If fish are to be maintained, 25%of the pond shall be a minimum depth of 12 feet. These
areas must have a safety shelf 5' - 10'feet in width at a depth of 2 feet below the normal
water elevation. The slope to the bottom of the pond beyond the safety shelf shall be 2:1
and the slope up from the safety shelf to the normal water level shall be a maximum of 3:1.
(Subdivision control ordinance 2000-2, dated 3-9-00)
June 1, 003 PARK DEVELOPMENT STANDARDS-Pg. 11
5. Bank Stabilization—Protection against erosion and water level fluctuations is required.
Stabilization shall be provided through one of the following means:
a) Complete establishment of perennial ground cover,water tolerant grasses, or natural
vegetation to the approval of the City;
b) Construction of retaining walls;or
c) Use of rip-rap underlain by gravel and filter fabric.
The use of rip-rap and retaining walls as a sole means of shoreline protection will not be
permitted.
6. Sedimentation—. All storm water inlet points must have calculated desilting basins below
the required 6 feet depth. Desilting basin volume shall be 500 W/acre of tributary
impervious area. Developer shall provide engineering plans, estimating probable quantities
of sediment from the watershed at five-year intervals for a 25 year period. The Developer
shall construct sediment basins to handle the aforementioned sediment.A
cleaning/dredging plan shall also be included. The City shall approve all engineering and
installation. Existing Public Ordinances and annexation agreements shall regulate all
additional storm water design considerations and management.
7. Aquatic Plantings—Shoreline areas selected for the planting of aquatic and emerging
aquatic vegetation, slope requirements shall be appropriate to ensure healthy growth and
development of the specified vegetation type.
8. Shoreline Slopes(Above Water)—An area six feet wide and around the perimeter of the
pond shall slope towards the pond at the rate of 2 to 5%. No slope beyond the six-foot strip
shall exceed a 5:1 slope(20%).
9. Buffers—In areas where a pedestrian/bicycle trail occurs between the property line and a
pond, there shall be a minimum 50'wide buffer between the property line and the high-water
level line. The 50'wide buffer will be broken down into a minimum 20'wide area between
property line and outside edge of the path, and a minimum 12'wide area between the inside
edge of path and the high-water level line.
In areas where there are no paths between the property line and a pond, there shall be a
minimum 30'wide buffer between the property line and the high-water level line.
10. Aeration—Developers shall incorporate aeration systems into all retention basins that do
not incorporate a constant flow of water. The City shall approve all engineering and
installation.
Developers are encouraged to incorporate aeration in all other retention basins to improve
water quality and provide desirable aesthetics.
3.6.3. Detention Basins(Dry Ponds)
1. Requirements for detention basins shall satisfy design criteria as set forth in the Grading
Section of these Standards. The major consideration is the dual use of detention and
recreation. In order to facilitate review of park areas,the proposed outline of the detention
at the one-year, 10-year, and 100-year high water line shall be illustrated on the preliminary
plan or the P.U.D. plat.
2. Buffers—The buffers shall be the same as those mentioned under Retention Basins
(Ponds)above.
June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg. 12
3. Design-These areas are designed with a 2 year low flow underdrain system so that
ponding beyond the storage does not occur and that a good stand of grass can be
maintained. The pond bottom slope shall be a minimum of 2% except that a 0% slope will
be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have
concrete flared ow section pier The place
water depth below the HWLtshall be 4 feet .
placed over the I pipe.
PARK DEVELOPMENT STANDARDS-Pg.13
June 1, 003
�TFR
I`
I20'MINIMUM
12'MINIMUM
50'BUFFER(PATH OCCURS)
30'BUFFER(NO PATH) - \ z
J
-� 6'WIDE AREA WITH 2-5%SLOPE a
O
w \ I (a
OVARYING SLOPES 1.5%-20%(5:1) /
af IIL
' UNDULATING SHORELINE /
IPOND 2 ACRE MIN. /
I _
PATHWAY THE STANDARDS FOR DETENTION
PONDS SHALL BE THE SAME AS
THOSE FOR RETENTION AREAS,WITH
THE BOTTOM OF THE DETENTION
AREAS MAINTAINING A POSITIVE
SLOPE OF 2%MINIMUM.
RETENTION/DETENTION PONDS
N.T.S.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 14
3.6.4. Inlet and grate design
1. All grates for drainage inlets shall be bicycle safe and accessible per the ADA when
placed in walkways or drives.
2. All trash covers for storm inlets shall have a maximum opening of 3.5°square to prevent
head entrapment.All grates on drain culverts and pipe inlets and outlets shall be bolted in
place.
3.7. Greenways/Wetlands/Floodylain areas
For areas of natural habitat re-establishment or enhancement, the Developer shall submit
complete installation and maintenance plans to the City prior to acceptance of the development
plat.
3.8. Conservation and Protected Areas
For areas to be dedicated, an environmental study including a topographic map shall be
completed by the developer identifying the endangered and protected areas, summary of floristic
quality,wetland, and floodplain maps and inventory of wildlife,vegetation, and habitats.
Watershed areas shall be identified with recommendations for management. All studies shall be
completed prior to the land dedication. Developer shall comply with Wetland Ordinance.
3.9. Turf Grass
Developers shall install turf grass in agreement with the Parks Department. This work shall
occur after the placement of all topsoil,fine grading, and installation of sidewalks, pathways, and
plant material.
All park access points of 100 ft.width or less shall be sodded. Sodding procedures shall be in
compliance with all Parks Department regulations regarding sodding and watering practices.
The seed shall be a premixed Bluegrass/Ryegrass mixture approved by the Parks Department
The mixture shall be by weight a 70% mixture of 3 Kentucky Bluegrasses(equal percentages)
and a 30% mixture of 3 perennial Ryegrasses(equal percentages). The mixture shall be sown
at the rate of 220 lbs. per acre. All seed shall be certified 98% purity and 80% germination.
Prior to seeding, all lawn areas shall be fertilized with an approved starter fertilizer at an
approved rate. The fertilizer shall be cultivated into the top three inches of the topsoil.
The seeding season in the spring shall be April 1 to May 15. The fall season shall be August 15
—October 1.
The developer shall reseed all areas that do not germinate and repair all eroded areas and
reseed them until 90% germination has taken place. All other aspects of maintenance will be
done by the Parks Department.
3.9.1. Mulching
The seeded areas shall be mulched as follows:
1. Seeding areas designated to receive erosion control blanket shall be covered with
biodegradable seed blanket as specified. All seeded areas of slopes steeper than 4:1,
the bottom of swales and around drainage structures, should be mulched with erosion
control blanket the same day as seeded.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.15
a. The blanket shall be laid out flat, evenly and smoothly,without stretching the material.
The blankets shall be placed to that the netting is on the top and the fibers are in
contact with the soil.
b. For placement in ditches, the blankets shall be applied in the direction of the flow of
the water and butted snugly against each other. The blankets shall be stapled in
place, using 4 staples across the upstream end at the start of each roll and placing
staples on 4 foot centers along each side. A common row of staples shall be used
along seams of adjoining blankets. All seams shall overlay at least 2 inches.
c. On slopes, the blankets shall be applied either horizontally or vertically to the contour
and stapled in place similar to ditch applications except that the staple space interval
shall be 6 feet.
2. Seeding areas incorporating an annual temporary mix do not require mulching.
3. Turfgrass seeding areas shall be mulched in accordance with the `Standard
Specifications'. Contractor is responsible for obtaining all water for the work.
4. All seeded areas less than 4:1 slope should be mulched within twenty-four(24)hours of
seeding using straw with tackifier or hydraulic mulch.
Straw—Rate: 2 tons (4000 lbs.) per acre
Mulch binder for straw—40 lbs. per acre
Hydraulic mulch—2000 lbs. mulch : minimum 2000 gal.water per acre
3.10. Existing Vegetation,new plantings,and landscaping
3.10.1. Existing Vegetation
Existing vegetation including, but not limited to, trees, shrubs, grasses, and wildflowers shall be
protected during the construction process if determined by the Parks Department to be
preserved. Development plans shall include methods of protecting such vegetation during the
developer's construction process.
3.10.2. New Landscape Material - Planting Standards
3.10.2.1. Minimum Size/Quality
All landscape material shall meet the standards of the American Nurseryman's Association.
Trees planted in parks shall be a minimum size of:
SHADE........................................................................... 2.5 inch caliper BB
INTERMEDIATE............................................................ 1.5 inch caliper BB
EVERGREEN................................................................. 6 foot high BB
All landscape material shall be subject to Parks Department inspection at the source of origin.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 16
3.10.2.2. Planting Season
Regardless of calendar date,trees must be dormant at the time they arrive at the site of the
work or storage site. If trees are dug in-season, they must be properly watered and sheltered
until the time of planting.
Spring Plantinq:This work shall be performed from the time the soil can be worked until the
plan, under field conditions, is not dormant except that Evergreen planting shall terminate on
June 1.
Fall Plantinq: This work shall be performed from the time the plant becomes dormant until the
ground cannot be satisfactorily worked except that evergreen planting shall be performed
between September 1 and November 1.
3.10.2.3. Excavation of Plant Holes
The sides of all plant holes shall be angled at approximately 45 degrees. All plant holes shall be
dug in such a manner that the inside surfaces of the hole shall be in a loose friable condition
prior to planting. Glazed or compacted sides will not be permitted. The equipment used to dig
the plant holes must be approved by the Parks Department.
Plant holes shall be twice the diameter of the root ball.The root ball shall set on compacted,
undisturbed earth.
On slopes, the depth of excavation will be measured at the center of the hole.
3.10.2.4. Planting Procedures
Backfill may be excavated topsoil. The backfill shall, at the time of planting, be in a loose, friable
condition.
All plants shall be placed in a plumb position and set at the same depth as they grew in the
nursery field. Backfill shall be placed around the root system. Tamping or watering shall
accompany the backfilling operation to eliminate air pockets. Set the base of the tree trunk two
inches above the surrounding soil.
A thorough watering of trees,with a method approved by the Parks Department shall follow the
backfilling operation. This watering shall completely saturate the backfill and be performed
during the same day of planting. After the ground settles, as a result of the watering, additional
backfill shall be placed to match the level of the finished grade. Approved watering equipment
shall be at the site of the work and in operational condition prior to starting the planting
operation.
Balled and Burlapped/ Basketed Plants: After the plant is placed in the hole, all cords and
burlap, or the complete basket, shall be cut away from the top one half of the balls.
A circular water saucer shall be constructed around each individual plant to the satisfaction of
the Parks Department.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.17
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 1S
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg. 19
3.10.2.5. Mulching/Wrapping
Immediately after watering, plants shall be mulched. A layer of wood chips shall be used to
cover the circular water saucer to a depth of four(4) inches when settled.
All mulching shall be kept in a minimum of 6°from the trunk of all trees and shrubs.
Immediately after planting, trunks of all deciduous trees shall be wrapped spirally from the
ground to the lowest major branch (after pruning)overlapping the wrap at least one third (1/3)of
its width.Trees shall not remain wrapped during the summer months.
3.10.2.6. Pruning Procedures
Qualified personnel, experienced in horticultural practices and operations, shall perform all
pruning.The method and location of pruning and the percentage of growth to be removed shall
meet the approval of the Parks Department. All pruning shall be done with sharp tools in
accordance with the best horticultural practices.
The ends of all broken and damaged roots of%inch or larger shall be pruned with a clean cut,
removing only the injured portion. All broken branches, stubs, and improper cuts of former
pruning shall be removed.
Pruning shall consist of thinning the twigs or branches as dictated by the habit of growth and the
various types of the trees to be pruned, and as directed by the Parks Department. The leader
and terminal buds shall not be cut unless directed by the owner.
Evergreens: Evergreens shall not be pruned except to remove broken branches.
3.91. Pathways and Trails on Public Property
Where pathways are required, they shall be constructed of concrete, bituminous asphalt, or
limestone screenings to the satisfaction of the Parks Department. The concrete pathways shall
consist of a 5"thick layer of concrete resting upon a 2"thick(min.)aggregate base course. The
bituminous asphalt pathways shall consist of a minimum 8"thick aggregate base course, and 2"
thick bituminous surface course. The limestone screenings pathways shall consist of a
minimum 6"thick aggregate base course and a 2°thick limestone screenings surface course.
Other requirements and improvements may be required based on the location and needs of the
site.
The minimum widths of pathways shall be as follows:
o Pedestrian............................................... 5' (concrete)
.................................. 6' (bituminous asphalt or limestone screenings)
o Normal Traffic Pedestrian and Bicycle ...8' (bituminous asphalt or limestone screenings)
o High Traffic Pedestrian and Bicycle........ 10' (bituminous asphalt)
The 8' and 10' pathways shall have minimum radii on turns and curves that will support a pickup
truck without leaving the pavement.All trails expected to receive federal funding must be
designed to AASHTO standards. The 8'wide and 10'wide paved pathways shall have 12°wide
aggregate shoulders.A minimum of 2 feet wide level graded shoulder with grass is required on
each side for clearance.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.20
To meet accessibility standards, pathways may not have longitudinal slopes greater than 5%or
cross slopes greater than 2% unless there is a secondary access route that provides access to
the area or facility.A grade of 5%should not be longer than 800 feet
5'CONCRETE PAVING
2-AGGREGATE BASE COURSE(MIN.)
WELL COMPACTED SUBSOIL FREE OF TOPSOIL
CONCRETE
REQUIRED AGGREGATE SHOULDER
2'CLASS I BITUMINOUS SURFACE COURSE
8'AGGREGATE BASE COURSE
WELL COMPACTED SUBSOIL FREE OF TOPSOIL
VARIE 5 OZ GEOTEXTILE FABRIC
BITUMINOUS ASPHALT
2'LIMESTONE SCREENINGS
8'AGGREGATE BASE COURSE
WELL COMPACTED SUBSOIL FREE OF TOPSOIL
LIMESTONE SCREENING
SIDEWALK / TRAIL SECTIONS
- N.T.S.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.21
3.12. Playgrounds/Park Improvements
1. Should the Developer desire to install a playground or other park improvements on behalf of
the City with the City's approval, the City shall approve all plans and construction methods to
be used, including, but not limited to, equipment, materials, grading, and drainage.
2. Playgrounds shall be designed with accessible curbing, concrete retaining curb, and surfacing
as shown on the following detail.
#4 REINF.BARS W/SLIP DOWELS AT EXPAN.JT.
Y THICK CONCRETE
2"THICK COMPACTED GRANULAR BASE(MIN.) 12"LAYER OF ENGINEERED WOOD FIBERS
WELL COMPACTED SUBSOIL FREE OF TOPSOIL 4"LAYER OF ROUNDED WASHED GRAVEL
CONTROL JOINT FILTER FABRIC
18' 2"R
p, .t•�'. '.a. w
.7\ \/
4'PERFERATED DRAIN TILE
1
TRANSITION EDGE RETAINING CURB
PLAYGROUND DETAILS
" N.T.S.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.22
3.13. Maintenance Standards(BY Developer)
The developer shall maintain the park site until all improvements and requirements specified in this
document are completed, turf is fully established, and the United City of Yorkville formally accepts the site.
Maintenance of the park site shall include the following until the conveyance process is fully complete.
3.13.1. Escrows(Under Legal Consideration)
The Parks Department, in no circumstance, shall be responsible for the maintenance and repair of
storm drainage structures, pipe, other appurtenances, or shoreline degradation. These
responsibilities shall be left to the developer, or homeowners association. See the following
suggested language:
1. In order to assist the future Homeowner's Association with maintaining the on-stream storm
water detention system, the Developer shall establish and fund a cash reserve for said work
in the amount of$ prior to conveying said system to the Association and l or
Parks Department.
2. Owners and Developers agree to the Municipality enacting a dormant Special Service Area
(SSA) to act as a back up in the event that the Homeowner's Association fails to maintain the
private common areas, private detention ponds,perimeter landscaping features, and entrance
signage within the Subject Property.
3. In other cases, the Developer shall escrow an amount equal to one year of projected
maintenance costs. This amount shall be agreed upon by the City. Escrows shall
automatically renew each year until the park site(s) are accepted by the City.
3.13.2. General
1. All rubbish and debris including, but not limited to, old tires, construction material, fencing,
tree houses, trash, and other material not desired by the Parks Department, shall be removed
from the site prior to conveyance.
2. Until such time as the United City of Yorkville has accepted the park site, the City shall not be
held liable for any damages that may occur on such a park site, and shall be held free and
harmless from any and all claims that may be submitted. Upon formal acceptance of the park
site improvements by the Parks Department, the Parks Department will assume maintenance
of the park site.
3. All storm water structures shall include proper grates and covers to protect the public and
shall be maintained free of debris to ensure unrestricted flow of storm water runoff.
3.13.3. Turf
1. Turf shall be mowed at regular intervals and shall not exceed 4.5 inches in height.
2. Areas of erosion, including but not limited to swales, slopes and around storm structures shall
be repaired/restored in accordance with grading and seeding requirements. All areas within
10 feet of on-site structures shall be sodded rather than seeded for erosion control purposes.
Full establishment of turf is required before acceptance.
3. In cases where existing trees and shrubbery are present on the site, deadwood and
undesirable trees or thinning of dense growth shall be removed prior to conveyance. This may
include branches or entire trees and shrubs.All stumps shall be ground to 12 inches below
grade, backfilled and restored in accordance with grading and seeding requirements.
June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg.23
4. Fully established turf is defined as ninety percent(90%)free of weeds and bare spots,
vigorously growing, and containing a well established root system with multiple blades per
plant.
3.13.4. Plantings
1. Maintenance shall begin immediately after the planting is completed and shall continue until
final inspection and acceptance. Maintenance of new plantings shall consist of weeding,
watering, mulching, spraying, resetting plants to proper grades or upright position, repair of
water saucers or other work that is necessary to maintain the health and satisfactory
appearance of the plantings.
2. Watering: Additional watering, up to 50 gallons per tree, shall be performed at least once
within every thirty(30) days during the months of May through October. The schedule for
watering within the thirty (30)day increment will be determined by the Parks Department.
Should excessive moisture conditions prevail, the owner may delete any or all of the additional
watering cycles or any part of said cycles. The contractor shall not be relieved in any way
from the responsibility for unsatisfactory plants due to the amount of supplemental watering.
3. Weeding:Weeds and grass growth shall be removed from within the earthen saucer of
individual trees and from the area within the periphery of the mulched plant beds. This
weeding shall be performed at least once during the months of May through October. The
Parks Department will determine the weeding schedule. The contractor shall not be relieved
in any way from the responsibility for unsatisfactory plants due to the extent of weeding.
4. The contractor shall guarantee all plant material for a period of one(1)year from the date the
plants are accepted by the Park Board.
5. All plant material,which dies within thirty(30)days after being planted, shall be replaced
immediately and be considered as part of the original planting and subject to the guarantee
period of one(1)year. Should the plant not be installed until a later date, the guarantee
period shall take effect from the date of planting.
3.13.5. Mesic and Wet mesic areas
After the initial mesic/wet-mesic seeding work is completed and all initial work has been
completed satisfactorily according to the specifications, the following establishment and
maintenance work shall be performed by the Contractor for a period of(3) years as outlined
below:
Maintenance, including watering, mowing, herbicide application and burning will be required to
assist the mesic/wet-mesic vegetation in growth and reduce the competition of weeds until all
mesic/wet-mesic seeding has established and matured and been accepted by the owner.
a. First Year
1. Weed Control
a. Review the site and treat all noxious weeds with a herbicide by a "wicking
application"and hand weeding as appropriate once per month from May
through September. (Herbicide by spray application will not be allowed
because of overspray and the drifting down of herbicide killing the mesic/wet-
mesic species below the weeds.)
June 1,2003 PARK DEVELOPMENT STANDARDS -Pg.24
b. When the mesic/wet-mesic vegetation reaches the height of twelve(12")
inches, the Contractor shall mow it to a height of six(6") inches. No more
than two mowings per season is necessary. (Mowing the site helps to control
weeds and allows mesic/wet-mesic plants to compete.
2. Species Enrichment
a. Overseed thin, bare, or weedy areas with the appropriate seed mix per
seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
b. Second Year
1. Controlled Burn
a. Prepare and obtain a controlled burn permit from the IEPA in January.
b. Conduct controlled bum in early spring. (Burning is necessary to reduce the
non-native weeds while promoting the desired mesic/wet-mesic species.)
Weather conditions may necessitate schedule changes. Such changes shall
require owner approval.
c. Review site and mow areas that did not burn.
2. Species Enrichment
a. Overseed thin, bare, or weedy areas per seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
3. Weed Control
Review the site and treat all noxious weeds with a herbicide by a"wicking
application"and hand weeding as appropriate once per month from May through
September. (Herbicide by spray application will not be allowed.)
a. When the mesic/wet-mesic vegetation reaches the height of twenty-four
(24") inches, the Contractor shall mow it to a height of twelve (12") inches.
Only one mowing per year is necessary.
e. Third Year
1. Controlled Burn
a. Prepare and obtain a controlled burn permit from the IEPA in January.
b. Conduct controlled burn in early spring. Weather conditions may necessitate
schedule changes. Such changes shall require owner approval.
c. Review site and mow areas that did not burn.
2. Species Enrichment
a. Overseed thin, bare or weedy areas per seeding dates as specified.
b. Plant herbaceous plugs for greater impact(optional).
3. Weed Control
a. Review the site and treat all noxious weeds with a herbicide by a"wicking
application" and hand weeding as appropriate once per month from May
through September. (Herbicide by spray application will not be allowed.)
b. When the mesic/wet-mesic vegetation reaches the height of twenty-four
(24") inches,the Contractor shall mow it to a height of twelve (12") inches.
Only one mowing per year is necessary.
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.25
3.13.6. Playground and Site Improvements
Until acceptance by the Park Board, the Developer shall maintain any park improvements in a
safe and clean condition, including inspections for dangerous objects, vandalism, and wear and
tear.
June 1, 2003 PARK DEVELOPMENT STANDARDS-Pg.26
APPENDICES
Yorkville Land Donation Ordinance
June 1,2003 PARK DEVELOPMENT STANDARDS-Pg.27
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.._41
�w} 115 YORKVILLE COMMUNITY UNIT DISTRICT 115
602 Center Parkway,Suite A,P. O. Box 579
Yorkville,IL 60560-0579
Telephone (630) 553-4382
��°wF ,,, + ►' Fax (630) 553-4398
July 20, 2004
YORKVILLE HIGH SCHOOL
797 Game Farm Road
Yorkville,Illinois 60560
Telephone(63o)553-4380 Anna B. Kurtzman, AICP
YORKVILLE MIDDLE SCHOOL Zoning Coordinator
702 Came Farm Road United City of Yorkville
Yorkville,Illinois 60560
Telephone(630)553-4385 800 Game Farm Road
CIRCLE CENTER Yorkville, !L 60560
INTERMEDIATE SCHOOL
901 Mill Street
Yorkville,Illinois 60560 RE: Bailey Meadows (f/k/a Runge Farm)
Telephone(630)5534388
YORKVILLE GRADE SCHOOL Please be informed that District #115 is requesting
201 West SomonaukStreet land/cash donation in the amount of 13 . 558 acres to
Yorkville,Illinois 60560
Telephone(630)553-4390 be paid in full and in cash, at the time of final
BRISTOL GRADE SCHOOL plat . The amount of cash should be calculated
23 based upon the ordinance in effect at the time of
'�.Box 1 177 7
stol,Illinois 60512 final platting.
.elephone(630)5534383
District #115 does not want to vary from past
practice in dealing with developers and their
land/cash requirement and, therefore, is not
interested in the developer' s change in payment
procedure as indicated in your letter dated, July
9, 2004 . District #115 finds the developer' s
request confusing and in fact reducing the cash
value requirement to the District by the proposed
delayed payments, not including the nightmare of
bookkeeping for us through their proposal
S '. rely,
Dr. Thomas D. Engler
Superintendent
TDE/mlm