Ordinance 2004-67 j TNCJ�
STATE OF ILLINOIS
)ss.
COUNTY OF KENDALL
ORDINANCE NO. 2004-
AN ORDINANCE GRANTING REZONING FOR
CAROLYN HERREN
FROM R-2 ONE FAMILY RESIDENTIAL DISTRICT
TO B-3 SERVICE BUSINESS DISTRICT
WHEREAS, the City Council, and the City Plan Commission of the United City of
Yorkville have held all necessary Public Hearings and considered the application of CAROLYN
HERREN as the Owner of the real property legally described in the attached Exhibit"A" for the
purpose of modifying and amending the zoning of said real property to provide a change in
Zoning from R-2 One Family Residential District to B-3 Service Business District; and
WHEREAS, publication was duly made in the Kendall County Record giving notice to
all those interested parties as required under Illinois Compiled Statutes and Ordinances of the
United City of Yorkville of the proposed amendment to the Zoning Map of the United City of
Yorkville, modifying and-R-2 One Family Residential District to B-3 Service Business District.
WHEREAS, a positive recommendation has been made from the Plan Commission to the
City Council recommending approval of said amendment to the Zoning Map of the United City
of Yorkville permitting said property to be zoned B-3 Service Business District.
WHEREAS, the Plan Commission has recommended certain conditions be attached to
the Ordinance granted pursuant to the Ordinances of the United City of Yorkville as follows:
1. That Owner and its successors, heirs, and assigns shall be permitted all uses on the
subject parcel contained in the United City of Yorkville Zoning Ordinance for B-3
Service Business District (a copy of which is attached hereto and incorporated
herein as Exhibit `B") including any amendment which may be added as to the list
of permitted uses by City Ordinance at any time in the future as to permitted uses.
NOW THEREFORE, UPON MOTION DULY MADE, SECONDED, AND
APPROVED by a majority of those members voting of the City Council of the United City of
Yorkville do ORDAIN and APPROVE an amendment to the Zoning Map of the United City of
Yorkville changing the zoning of the subject parcel from R-2 One Family Residential District to
B-3 Service Business District.
WANDA OHARE _ JOSEPH BESCO
VALERIE BURD _ PAUL JAMES
LARRY KOT _ MARTY MUI\NS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this A4. day of 'tj"L4na ��, , A.D. 20_D cl
MAYOR
2
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of �*,�cti�h�� , A.D. 20��.
4
Attest:
C Y CLERK , • r�.
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
LEGAL DESCRIPTION
R-2 Zoned Area
That part of the Southwest Quarter of the Southwest Quarter of Section 9, Township 37 North,
Range 7 East of the Third Principal Meridian described as follows: Beginning at the Southeast
Corner of the Southwest Quarter of the Southwest Quarter of said Section 9; thence North
O1°07'08" West, along the East Line of said Southwest Quarter of the Southwest Quarter,
1325.59 to the Northeast Comer thereof; thence South 87°58'45" West, along the North Line of
said Southwest Quarter of the Southwest Quarter, 475.88 feet to a line which is 850.0 feet
easterly of and parallel with the centerline of Illinois Route No. 47' thence South 01'06'31" East,
along said parallel line, 889.17 feet; thence Southerly, along a line which is 850.0 feet easterly of
and concentric with said centerline, being a tangential curve to the left with a radius of 8597.49
feet, an arc distance of 436.40 feet to the South Line of said Southwest Quarter of the Southwest
Quarter; thence North 87'59'0 1" East, along said South Line, 465.05 feet to the point of
beginning in the City of Yorkville, Kendall County, Illinois and containing 14.446 acres.
EXHIBIT B
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