Ordinance 2003-25 200300012297
Filed for Record in
KENDALL COUNTY, ILLINOIS
February 5, 2003 PAUL ANDERSON
04-1:,Jj- i i;3 At 12:10 PM.
ORDINANCE 23.00
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
ORDINANCE NO. 2003-,�
AN ORDINANCE GRANTING REZONING FOR
ROBERT STADLER and MARY STADLER
FROM R-2 ONE FAMILY RESIDENCE DISTRICT
TO B-1 LIMITED 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 ROBERT STADLER and
MARY STADLER, as Owners 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 Residence District to B-1 Limited 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 amending the zoning of the real property legally described in the attached Exhibit"A"
from R-2 One Family Residence District to B-1 Limited 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 permittin,g said property to be zoned B-1 Limited Business District.
1
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 Owners and their successors,heirs,and assigns shall be permitted all uses on the
subject parcel contained in the United City of Yorkville Zoning Ordinance for B-1
Limited 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 Residence District to B-1 Limited Business
District.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURD PAUL JAMES
1
i
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA 1
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 20j a.
MAYOR
2
PASSED by the,City Council of the United City of Yorkville, Kendall County, Illinois this
_O�ay of _ , A.D. 2011 .
Attest.
CITY LERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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LEGAL DESCRIPTION
WLY100 Lts 3 & 4 Davidson's Subdivision (Exc. Row Taking 94-7377), City of
Yorkville.
10-713-1 10-713-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE B. B-1 LIMITED BUSINESS DISTRICT
SECTION:
10-713-1: Uses Permitted
10-76-2: Special Uses
10-713-3: Lot Area
10-713-4: Yard Areas
10-713-5: Lot Coverage
10-713-6: Maximum Building Height
10-713-7: Off-Street Parking And Loading
10-713-8: Single-Family Apartments In Business Buildings
10-713-1: USES PERMITTED:
Antique sales.
Apartments, single-family, located in business buildings'.
Bakery - retail.
Barbershop.
Beauty shop.
Bookstore.
Cafeteria (diner).
Camera shop.
Church or other place of worship.
1. See Section 10-713-8 of this Article.
January 2000
City of Yorkville L-xk(, bJ t
10-713-1 10-713-1
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.
Meat market.
January 2000
City of Yorkville
10-713-1 10-713-2
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)
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)
January 2000
City of Yorkville
10-7B-3 10-7B-5
10-7B-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)
10-7B-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)
January 2000
City of Yorkville
iY •
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:
A. 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. 1994-1 A,
2-10-1994)
January 2000
City of Yorkville