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Ordinance 2002-35 2003i )004464 Filed for Record in ENDALL COUNTY 9 ILLINOIS PAUL WDE RSON 02-07-2003 iO3 A- 01--':31 Mr.. October 1, 20021 { =`=' ire• ' > STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2002- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION/PLANNED UNIT DEVELOPMENT AGREEMENT OF GALENA YORKVILLE,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/Planned Unit Development Agreement pertaining to the annexation and development 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/Planned Unit Development 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 5/11-15.1-1,as amended,for the execution of said Annexation/Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. -1- 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/Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation/Planned Unit Development 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. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES A LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA A- APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of A.D. 20j2— MAYOR -2- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20:� Attes .. CIT�LERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- EXHIBIT "A" TERRITORY LEGAL DESCRIPTION PARCEL ONE: PART OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, -DESCRIBED AS FOLLOWS:, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 1 DEGREE 09 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 990.00 FEET (15 CHAINS) TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 1 DEGREE 09 MINUTES 47 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO.A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED TRACT OF LAND; THENCE NORTH 89 DEGREES, 38 MINUTES, 08 SECONDS WEST ALONG SAID LINE 1745.17 FEET; THENCE SOUTH 4 DEGREES, 41 MINUTES, 35 SECONDS WEST 581.33 FEET TO A POINT OF INTERSECTION WITH THE VESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 03 DEGREES, 23 MINUTES, 41 SECONDS WEST ALONG SAID WESTERLY LINE 756.55 FEET; THENCE SOUTH 30 DEGREES, 08 MINUTES, 41 SECONDS WEST 366.17 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 89 DEGREES, 34 MINUTES, .05 SECONDS EAST ALONG SAID SOUTH LINE 1987.84 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 01 DEGREES, 09 MINUTES, 47 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 1655.47 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS PARCEL TWO: PART OF THE NORTHWEST 1/4. OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST 1/4 ON A BEARING OF SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 472.54 FEET; THENCE WESTERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE ON A BEARING OF NORTH '88 DEGREES, 40 MINUTES, 24 SECONDS WEST, A DISTANCE OF 330.65 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY DOCUMENT NUMBER 870363; THENCE CONTINUING WESTERLY ALONG THE NORTH LINE OF SAID PARCEL OF LAND ON A BEARING OF NORTH 88 DEGREES, 40 MINUTES, 24 SECONDS WEST, A DISTANCE OF 368.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL ON A BEARING OF SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 187 .61 FEET TO THE, CENTER LINE OF THE CHICAGO—GALENA ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE NORTH 73 DEGREES, 52 MINUTES, 25 SECONDS WEST, A DISTANCE OF 778.45 FEET; THENCE CONTINUING NORTHWESTERLY ALONG SAID CENTER LINE ON A BEARING OF NORTH 72 DEGREES, 22 MINUTES, 25 SECONDS WEST, A DISTANCE OF 708.88 FEET TO THE EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE ON A BEARING OF NORTH 31 DEGREES, 36 MINUTES, 51 SECONDS EAST, A DISTANCE OF 267.67 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE EASTERLY ALONG SAID NORTH LINE ON A BEARING OF SOUTH 89 DEGREES, 34 MINUTES, 05 SECONDS EAST, A DISTANCE OF 1997.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPTING FROM .THF ABOVE TWO PAR^FT,r -1 PT, POT,T,0S7T7 7n.- ^T,rm 4, AND OF THE NORTHWEST 1/4 -OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE Doc:42910/1 1/18/02 EXHIt3IT TERRITORY LEGAL DESCRIPTION THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: AND BEARINGS USED HEREIN ARE REFERENCED TO GRID NORTH OF THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 87 DEGREES 57 MINUTES 30 SECONDS EAST 719.88 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 TO THE EXISTING WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 AND T:;E POINT OF BEGINNING; THENCE NORTHERLY 774.17 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,596.42 FEET, A CENTRAL ANGLE OF 27 DEGREES 47 MINUTES 06 SECONDS AND A CHORD OF NORTH 13 DEGREES 43 MINUTES 52 SECONDS EAST 766.60 FEET ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES, 09 MINUTES 41 SECONDS WEST 787.39 FEET ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 69 DEGREES 50 MINUTES 19 SECONDS WEST 10.00 FEET, THENCE NORTH 00 DEGREES 09 MINUTES'41 SECONDS WEST 132.94 FEET•TO THE NORTH.LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 243 PACE -99 IN KENDALL COUNTY RECORDS; THENCE NORTH SOUTH 00 DEGREES Be MINUTES 02 SECONDS EAST 105.06 FEET ALONG SAID NORTH LINE; THENCE DEGREES 09 MINUTES 41 SECONDS EAST 923.76 FEET; THENCE SOUTHERLY 766.60 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,691.42 FEET, A CENTRAL ANGLE 25 DEGREES 58 MINUTES 05 SECONDS AND A CHORD OF SOUTH 12 DEGREES 49 MINUTES 21 SECONDS WEST 760.05 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTHERLY 270.97 FEET .ALONG A NON—TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,691.42 FEET, A CENTRAL ANGLE OF 09 DEGREES 10 MINUTES 44 SECONDS AND A CHORD OF SOUTH 30 DEGREES 23 MINUTES 46 SECONDS WEST 270.68 FEET; THENCE SOUTH 34 DEGREES 59 MINUTES 08 SECONDS WEST 54.26 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE NORTH 74 DEGREES 59 MINUTES 01 SECONDS WEST 58.52 FEET; THENCE NORTH 74 DEGREES 20 MINUTES 30 SECONDS WEST 42.39 FEET ALONG SAID CENTER LINE; THENCE NORTH 34 DEGREES 59 MINUTES 08 SECONDS EAST 88.27 FEET ALONG THE EXISTING WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 AS EXTENDED FROM THE NORTH; THENCE NORTHERLY 205.13 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,596.42 FEET, A CENTRAL ANGLE OF 07 DEGREES 21 MINUTES 43 SECONDS AND A CHORD OF NORTH 31 DEGREES 18 MINUTES 16 SECONDS EAST 204.99 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS Doc:42910/1 1118/02 2003000 04467 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 02-07-2,003 At 0.2:3`3 pm. ANNEX AGREE 318.00 ANNEXATION/PLANNED UNIT DEVELOPM AGREEMENT CORPORATION,BETWEEN THE UNITED CITY OF YORKVILLEA,NAA MUNICIPAL GALENA YORKVILLE, 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 TABLE OF CONTENTS PAGE SECTION 1. ANNEXATION ................................................................................................. 2 2. ZONING CLASSIFICATION AND AMENDMENT TO ZONINGORDINANCE .................................................................................... 4 3. FUTURE FINAL PLATS AND FINAL ENGINEERING ................................ 6 4. SECURITY ........................................................................................................ 6 5. POTABLE WECHANISMSYAND WATER WELLRAND TOWER SITE •.••••. 9 FUNDING M 6. EASEMENTS AND APPROVALS ................................................................ 13 7. CONNECTION O CIE AND O SPECIAL SERVICE ARA OR SPECIAL ASSESSMENT DISTRICT FORTHE TERRITORY .................................................................................. 14 8. PUBLIC, ONSITE AND OFFSITE IMPROVEMENTS .............................I... 16 9. SIGNAGE ..................................................................... ELECTRIC, GAS, TELEPHONES AND CABLE TV ..........•.• 20 EGRESS ............. 20 11. INGRESS AND .................................................................. 12. ANNEXATION, SCHOOL,PARK DISTRICT AND LIBRARY .....•........... 21 IMPACT FEES AND RECAPTURE AGREEMENTS .............. 13. PROFESSIONAL FEES .................................................................................. 22 14. CITY ORDINANCES AND CODES ............................................................... 22 15. BUILDING PERMITS AND RELATED INSPECTIONS ............................... 24 16. RECAPTURE AND BENEFITTED PROPERTIES ........................................ 25 17. CERTIFICATES OF OCCUPANCY AND MODELS .................................... 27 18. DISPLAY PURPOSES ....................................................................... 19. TEMPORARY PARKING ............................................................................... 31 20. FEMA LETTERS OF MAP REVISION .......................................................... 31 21. TRANSFER ....................................... 32 ............................................................... 22. CITY ASSISTANCE ........................................................................................ 33 23. GOVERNING LAW; ENFORCEMENT; REMEDIES ................................... 33 INTEGRATION AND AMENDMENT ....... 35 25. SUCCESSORS AND ASSIGNS .............................. ....................................... 35 26. SEVERABILITY ................... 35 ........................................................................... 27. ...................... 36 TIME ........................................................................................... 28. TERM OF AGREEMENT ..................................... 36 ........................................... NOTICE ............. 36 30. CURRENT USES AND APPLICATION OF CITY TAXES .......................... 37 31. SUBSEQUENT AMENDMENTS "" 38 ................................................... 32. COVENANTS RUNNING WITH THE LAND ............................................... 38 33. FUTURE APPROVALS AND COOPERATION................................... 34. POSTANNEXATION CITY ACTIONS ...........................................................39 35. CURRENT..........................................................................................................40 36. VARIANCES......................................................................................................40 ANNEXATION/PLANNED IT OF YOYORKVILLE RAND ENT BETWEEN THE UNITED C GALENA YORKVILLE L.L.C. M ILLINOIS LIMITED LIABILITY CO THIS ANNEXATION AGREEMENT ("Agreement")is made and entered into this day of ,2002,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 GALENA YORKVILLE,L.L.C., 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 eighty six(86) 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 January 18,2002(herein referred to as"Site Plan") attached hereto and incorporated herein as EXHIBIT "C"; and WHEREAS,the TERRITORY is contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city; andWHEREAS,the TERRITORY -1- is located within the Bristol Kendall Township Fire Protection District,the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon amnexation,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 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 5/1115.11 et seq.,of the Illinois Municipal Code, (Chapter 65, Illinois Compiled Statutes, 2000), a proposed Arulexation 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: 1 ANNEXATION. A. This Agreement is made pursuant to and in accordance with the -2- provisions of Sections 5/1115.11 et seq.,of the Illinois Municipal Code(Chapter 65,Illinois Compiled Statutes, 2000) and pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of the CITY; 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 5/1 115.11 Ct seq., of the Illinois Municipal Code(Chapter 65,Illinois Compiled Statutes,2000),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 of the State of Illinois. C. Upon the execution of this Agreement by the OWNER, the CITY shall execute this Agreement and enact ordinances necessary to annex the TERRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation and 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 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 -3- 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 TERRITORY be zoned, and can be used for the purposes specified as follows, pursuant to the zoning classifications of the CITY'S Zoning Code: Parcel 1: R3 Planned Unit Development General Residence District approximately fifty two (52) acres, legally described on EXHIBIT "D" attached hereto and made a part hereof, and Parcel 2: B3 Service Business District approximately thirty four (34) acres, legally described on EXHIBIT "E" attached hereto and made a part hereof; OWNER shall be entitled to construct a minimum of two hundred fifty six (256) attached and/or detached single family town home units on Parcel 1, and, its sole discretion, may reduce the number of units constructed. The Planned Unit Development Preliminary Plan attached hereto as Exhibit "C " depicts for the applicable Parcel the road right-of-ways, the open space, detention areas, setbacks from Route 47 and Galena Road, utility easements, square footage of commercial space and park areas. The CITY hereby approves the aforementioned Planned Unit -4- Development Preliminary Plan for Parcel 1 and agrees to approve Preliminary Plats of subdivision and Final Engineering plans and Final Plats of Subdivision for Parcel 1 even beyond one (1)year from the date of this Agreement provided the respective final plats and engineering plans (which may be in phases) are in substantial conformance(on a Phase by Phase basis)with the Planned Unit Development Preliminary Plan for Parcel 1 hereby approved. It is agreed that the park donation required pursuant to Ordinance is a donation of 6.0 acres of land. OWNER shall contribute 1.9 acres of land and Eighty-Six Thousand Two Hundred Fifty-Seven Thousand Dollars and 00/100 ($86,257.00),which is the cash equivalent of the remaining acreage requirement. The CITY further agrees that no park donation is required for Parcel 2 based on its B3 zoning classification. It is agreed that during the tern of this Agreement the current CITY Zoning Ordinances attached hereto as EXHIBIT"G" and the current CITY Subdivision Control Ordinances attached hereto as EXHIBIT"H" shall control the development of the TERRITORY and all portions 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. In the event of a conflict between any applicable CITY ordinance, rule or regulation and the Planned Unit Development Preliminary Plan and engineering attached hereto as EXHIBIT "F" (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 -5- Planned Unit Development 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 Phase or Unit being submitted for approval by OWNER; provided, however, the City can require engineering for sewer, water, storm water lines and utilities that cross undeveloped 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 Illinois Compiled 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 -6- 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 portion or Phase of the TERRITORY shall not be required to post Security for any improvement work to be perfonned on another OWNER'S portion 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)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 five percent(105%) of the amount estimated by OWNER and approved by the CITY, to be needed to complete such private improvements or to effect such -7- 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 which will be installed by the developers of each Phase)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 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, -8- 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 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 FUNDING MECHANISMS AND WATER WELL AND TOWER SITE. A. The CITY represents and warrants to OWNER that the CITY'S potable water, fire now 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 when a water tower is constructed on the portion of the TERRITORY described on Exhibit "I" attached hereto and that will be dedicated to the CITY by the OWNER as part of this Agreement. The CITY has received the Illinois Environmental Protection Agency("EPA")permit to construct a one million gallon water tower on such land and will commence such construction within a reasonable time after the execution of this Agreement by the City.The CITY has disclosed to OWNER that it is under an EPA mandate to reduce levels of radium in its potable water supply that requires the expenditure of substantial sums by the CITY in order to obtain permits for continued water main extensions. In the event the CITY does not commence actual on-site construction of the proposed water tower within two(2)years,or does not complete such construction with three(3)years,of the date of execution of this Agreement by the CITY,ownership of the two (2)acre parcel for the water -9- tower site that is being conveyed to the CITY pursuant to this Agreement, and all improvements thereon, shall revert to the OWNER and at the request of the OWNER,the CITY shall execute and deliver to the OWNER a warranty deed for such site conveying title free and clear of all liens and encumbrances and the CITY shall be responsible for all real estate taxes payable through the date of reconveyance. 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 providing adequate means of delivery of such sanitary sewer capacity to the TERRITORY,subject,however,to the requirements of the YorkvilleBristol 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 YorkvilleBristol 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 not object to any plan proposed by OWNER -10- 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. 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, 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;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 to the TERRITORY or any part or parts or Phase or -11- 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 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 with the OWNER to obtain access to U.S. Route 47 and/or Galena Road, with applicable govenunent.agencies. G. OWNER agrees to donate to the CITY the approximately two (2) acres of land legally described on EXHIBIT "I" attached hereto and made a part hereof for use as a water well and tower site. The donation will be in lieu of the cash payment requirements of Inland Land Appreciation Fund,L.P., a Delaware limited partnership,the sole member of OWNER,pursuant to the terms of paragraph 6F of that certain Annexation Agreement dated March 23, 1995 between the CITY, F.E. Wheaton and Co., Inc. and Inland Land Appreciation Fund, L.P. ("ILAF Annexation Agreement"), but in no way effects the land dedication obligations for the residential portion of the territory covered by the ILAF Annexation Agreement, Upon such dedication, the CITY agrees to accept same in total satisfaction of the monetary contribution obligations of Inland Land Appreciation Fund, L.P. contained in said paragraph 6F of the ILAF Annexation Agreement and such monetary obligations (which include, without limitation, all recapture agreements and/or -12- obligations that could arise out of the installation and/or construction of the water tower mentioned in this Agreement and the costs of any pumps connected therewith) shall be deemed satisfied and completed under the ILAF Agreement. As further consideration for the dedication and conveyance of the land described on Exhibit "I" of this Agreement, the CITY reserves for OWNER for the TERRITORY and the owners from time to time of the real estate covered by the ILAF Annexation Agreement sufficient capacity in the water tower to be built on the land described in Exhibit "I" to serve the water needs of the TERRITORY as described in this Agreement and the real estate covered by the ILAF Annexation Agreement. The acreage to be conveyed to the CITY will be conveyed at any time after execution of this Agreement by the CITY upon the CITY'S written request to OWNER. Title to the property conveyed to the CITY shall be free and clear of any liens or encumbrances and OWNER shall be responsible for payment of all general real estate taxes applicable thereto through the date of conveyance. The instrument of conveyance will be a warranty deed from OWNER to the CITY reasonably acceptable to both parties. It is understood and agreed that neither the OWNER nor the owners from time to time of the real estate covered by the ILAF Annexation Agreement will be required to pay for any cost or expense for the engineering, installation or construction of the water tower to be located on the land described in Exhibit"I",nor for the cost or expenses of any pumps associated therewith nor will such parties be required to pay any recapture cost or expense relating to such costs or expenses of engineering, installation or construction of such water tower, pumps and improvements on the land described Exhibit"I". 6. EASEMENTS AND APPROVALS. OWNER shall obtain all easements, governmental approvals and permissions -13- necessary or convenient for the construction of the offsite improvements necessary for development on the TERRITORY and shall include the exercise, at OWNER'S request, of its eminent domain powers 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 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,subj ect 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 YorkvilleBristol Sanitary District, as applicable. OWNER shall be responsible for paying to the CITY tapon/connection fees pursuant to CITY Ordinance, and as amended from time to time; as is generally applicable throughout the CITY. B. The parties hereto agree that any water and sewer connection fees due under -14- 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 tapon 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 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 -15- 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. g. PUBLIC ONSITE AND OFFSITE IMP—R–OVEMENTS. 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, -16- 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 days period,beset 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 of 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 -17- adequate road access(i.e.,binder course or 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 completedpublic 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 improvementbyimprovement 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 a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or developmentbydevelopment 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 -18- 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 detennine 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; and (4) the IEPA and the YorkvilleBristol Sanitary District,as 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. OWNER shall indennnify 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 Galena Road. Each face of each sign may equal,but shall not exceed,one hundred twenty(120)square feet. -19- 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 rightof 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 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 rightofway connections -20- 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 rightofways, and constrict all onsite public rightofway improvements for the TERRITORY and all roadways as shown on the Site Plan. 12. ANNEXATION SCHOOL PARK LAND CASH FEES AND LIBRARY DEVELOPMENT FEES AND RECAPTURE AGREEMENTS. A. OWNER shall contribute to the Yorkville Community Unit School District 115 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 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 annexed pursuant to this Agreement shall be the subject of any increase in School Transition Fee. -21- CITY development fees shall be paid as per current CITY Ordinance provided such fees are applicable to all development in the CITY. 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 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. 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, 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 so as to: (i) affect the zoning classification of the TERRITORY or any Parcel or -22- 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 annexation to the CITY, 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 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 -23- 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, dul authorized representative,in accordance with the approved final plat and approved final or its y engineering for the development of any Phase of the TERRITORY,shall apply,within fourteen(14) calendar days of the date of application therefor or within fourteen(14) calendar days of receipt of the last of the documents and information required to support such application,whichever is later. 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 specification of 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. overnmental regulatory approval, the CITY shall B. Subject to any other necessary g 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 -24- 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 stone water facilities (i.e., storm water sewers, collection and conveyance 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 5/951 of Illinois -25- Compiled Statutes (2002), 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 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 -26- 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. 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 -27- 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. The CITY shall not require OWNER to prepare and submit individual grading plans for dwelling units constructed on the TERRITORY or any Parcel or Phase thereof as a condition precedent to issuance of certificates of occupancy. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for 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 -28- 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 OWNER posts Security with the CITY in the amount of one hundred five percent (105%) 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. 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, -29- 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 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, 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 constrict 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. -30- The CITY agrees to allow OWNER to open for display purposes the model units prior to co �ection to sanitary sewer and water subject to OWNER obtainin m g 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. 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 percent(100%)compensatory storage for any portion of the floodplain it fills; -31- (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 hannless 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. 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 -32- 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. 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 YorkvilleBristol 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, 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. -33- 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 nonbreaching 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 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. -34- 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. 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,andbe 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. -35- 27. TIME. Time is of the essence of this Agreement, the terms thereof 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. 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) 5535764 If to OWNER: Galena Yorkville, L.L.C. c/o Inland Land Appreciation Fund, L.P. Attn: Anthony A. Casaccio 2901 Butterfield Road Oak Brook, Illinois 60523 -36- Fax No. (630) 9545673 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) 2184900 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. -37- 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 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 thereof, the CITY shall not unreasonably withhold or delay such approval,nor require a public hearing in connection therewith, -38- except as may be specifically required by applicable Illinois law or CITY 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 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 711 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 -39- 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. 36. VARIANCES. The CITY agrees that the variances listed on the attached Exhibit "J" are hereby approved for and applicable to any development on the TERRITORY. IN WITNESS WHEREOF,the undersigned have executed this Agreement as ofthe date first above named. UNITED CITY OF YORKVILLE, GALENA YORKVILLE, L.L.C., an Illinois a municipal corporation limited liability company,by Inland Land Appreciation Fund, L.P., a Delaware limited partnership, its sole member,by Inland Real Estate Investment Corporation, a Delaware corporation, its general partner B �' By: i�'� By: J Its: Its: M for Attest: Attest: L� B By: Its: City Clerk Its: '-�' -40- STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, the undersigned, a tary Public in and for said Count , in the State aforesaid, DO _ a and HEREBY CERTIFY that personally known to me to be PRESIDENT and CITY CLERK,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 da of 2002. y� � � ` , ��'� ,- Notary Public My commission expires: "OFFICIAL S$AL° Holly J.Bak" STATE OF ILLINOIS ) Notary Public,State of"1.2 My Commission SaPites OS OI-Z006 ) SS COUNTY OF DUPAGE ) I,the and signed, a Nota7 Public,in and for the county and state aforesaid,DO HEREBY CERTIFY that f s c v ,personally known tome to be the Senior Vice President of Inland Rea Estate Investment Corporation,a Delaware corporation,general partner of Inland Land Appreciation Fund L.P., a Delaware limited partnership, sole member of GALENA YORKVILLE, L.L.C., an Illinois limited liability company, and personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that as such Senior Vice President and Secretary, they signed and delivered the said instrument,pursuant to the authority given by the Board of Directors of said corporation,as their free and voluntary act,and as the free and voluntary act and deed of said corporation as general partner of the partnership, as sole member of GALENA YORKVILLE, L.L.C., for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 2002. 5mee-f Notary ublic OFFICIAL SEAL -41- ,GARY L RAMMIEN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES.10/03IOS EXHIBIT "A" TERRITORY LEGAL DESCRIPTION PARCEL ONE: PART OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, -DESCRIBED AS FOLLOWS:, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 1 DEGREE 09 MINUTES 47 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 990.00 FEET (15 CHAINS) TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 1 DEGREE 09 MINUTES 47 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO. A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED TRACT OF LAND; THENCE NORTH 89 DEGREES, 38 MINUTES, 08 SECONDS WEST ALONG SAID LINE 1745.17 FEET; THENCE SOUTH 4 DEGREES, 41 MINUTES, 35 SECONDS WEST 581.33 FEET TO A POINT OF INTERSECTION WITH THE VESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE SOUTH 03 DEGREES, 23 MINUTES, 41 SECONDS WEST ALONG SAID WESTERLY LINE 756.55 FEET; THENCE SOUTH 30 DEGREES, 08 MINUTES, 41 SECONDS WEST 366.17 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTH 89 DEGREES, 34 MINUTES, .05 SECONDS EAST ALONG SAID SOUTH LINE 1987.84 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 01 DEGREES, 09 MINUTES, 47 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 1655.47 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS PARCEL TWO: PART OF THE NORTHWEST 1/4. OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST 1/4 ON A BEARING OF SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 472.54 FEET; THENCE WESTERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE ON A BEARING OF NORTH '88 DEGREES, 40 MINUTES, 24 SECONDS WEST, A DISTANCE OF 330.65 FEET TO THE NORTHEAST CORNER OF A PARCEL OF LAND CONVEYED BY DOCUMENT NUMBER 870363; THENCE CONTINUING WESTERLY ALONG THE NORTH LINE OF SAID PARCEL OF LAND ON A BEARING OF NORTH 88 DEGREES, 40 MINUTES, 24 SECONDS WEST, A DISTANCE OF 368.68 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID PARCEL ON A BEARING OF SOUTH 01 DEGREE 19 MINUTES 36 SECONDS WEST, A DISTANCE OF 187 .61 FEET TO THE CENTER LINE OF THE CHICAGO—GALENA ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE NORTH 73 DEGREES, 52 MINUTES, 25 SECONDS WEST, A DISTANCE OF 778.45 FEET; THENCE CONTINUING NORTHWESTERLY ALONG SAID CENTER LINE ON A BEARING OF NORTH 72 DEGREES, 22 MINUTES, 25 SECONDS WEST, A DISTANCE OF 708.88 FEET TO THE EASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE ON A BEARING OF NORTH 31 DEGREES, 36 MINUTES, 51 SECONDS EAST, A DISTANCE OF 267.67 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE EASTERLY ALONG SAID NORTH LINE ON A BEARING OF SOUTH 89 DEGREES, 34 MINUTES, 05 SECONDS EAST, A DISTANCE OF 1997.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPTING FROM THE ABOVE TWO PARCELS THE FOLLOWING: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 4, AND OF THE NORTHWEST 1/4 -OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE Doc:42910/1 1/18/02 -38- EXHIBIT "A" TERRITORY LEGAL DESCRIPTION THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: AND BEARINGS USED HEREIN ARE REFERENCED TO GRID NORTH OF THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST 20NE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 87 DEGREES 57 MINUTES 30 SECONDS EAST 719.88 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 TO THE EXISTING WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 AND T.-;E POINT OF BEGINNING; THENCE NORTHERLY 774.17 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,596.42 FEET, A CENTRAL ANGLE OF 27 DEGREES 47 MINUTES 06 SECONDS AND A CHORD OF NORTH 13 DEGREES 43 MINUTES 52 SECONDS EAST 766.60 FEET ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE; THENCE NORTH 00 DEGREESf 09 MINUTES 41 SECONDS WEST 787.39 FEET ALONG SAID EXISTING WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 69 DEGREES 50 MINUTES 19 SECONDS WEST 10.00 FEET; THENCE NORTH 00 DEGREES 09 MINUTES*41 SECONDS WEST 132.94 FEET-TO THE NORTH.LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 243 PACE -99 IN KENDALL COUNTY RECORDS; THENCE NORTH 87 DEGREES 58 MINUTES 02 SECONDS EAST 105.06 FEET ALONG SAID NORTH LINE; THENCE SOUTH 00 DEGREES 09 MINUTES 41 SECONDS EAST 923.76 FEET; THENCE SOUTHERLY 766. 60 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,691.42 FEET, A CENTr•AL ANGLE 25 DEGREES 58 MINUTES 05 SECONDS AND A CHORD OF SOUTH 12 DEGREES 49 MINUTES 21 SECONDS WEST 760.05 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTHERLY 270.97 FEET ALONG A NON-TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,691.42 FEET, A CENTRAL ANGLE OF 09 DEGREES 10 MINUTES 44 SECONDS AND A CHORD OF SOUTH 30 DEGREES 23 MINUTES 46 SECONDS WEST 270.68 FEET; THENCE SOUTH 34 DEGREES 59 MINUTES 08 SECONDS WEST 54.26 FEET TO THE CENTER LINE OF GALENA ROAD; THENCE NORTH 74 DEGREES 59 MINUTES 01 SECONDS WEST 58.52 FEET; THENCE NORTH 74 DEGREES 20 MINUTES 30 SECONDS WEST 42.39 FEET ALONG SAID CENTER LINE; THENCE NORTH 34 DEGREES 59 MINUTES 08 SECONDS EAST 88.27 FEET ALONG THE EXISTING WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 AS EXTENDED FROM THE NORTH; THENCE NORTHERLY 205.13 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,596.42 FEET, A CENTRAL ANGLE OF 07 DEGREES 21 MINUTES 43 SECONDS AND A CHORD OF NORTH 31 DEGREES 18 MINUTES 16 SECONDS EAST 204.99 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS Doc:42910/1 1118/02 -39- EXHIBIT "B" PLAT OF ANNEXATION See attached. Doc:42910/1 1/22/02 -40- __.. ._ .._.. ... . _.... ... _ .. .. ......... cx,An '°°��-� - a:A<9•N•awTOSCm,. _Ka'_--- d LEGEND 44 54 4 __ -- _ ..lnc lK se wA•trr stcra,.•> -__ ENA ro 54. tmlw ur.n mw•n.0 777 cb.w.r_lN,u T °°nrn.aa[` '"<ra••,w°Nro KrrwNV rwm,.u••a wHV 1 8 PARCEL OIE: . PART OF SECTION 4,TOWNSHIP 37 MR7H.RANGE 1 EAST OF THE THIRD PP.INCIPFL WAIDINI,KEIDALL COUNTY,LLVKKS,DESCRIBED AS FOLLOWS,200 400 D r0 WT,COMM14CUIC AT DE NORTHEAST CORNER OF THE SOUTHWEST OUAP• U p xALE F,-M FEET TER Of SAID SEc rm 4:THENCE SONTN IDECREE 09 MUUTES 47 SECONDS WEST ALONG THE EAST LINE Or SAID SOUTHWEST OUARtER 990.00 FEET N5 ^I°' rai ANSI TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAO DE'+CRIED BOON M]AT PAGE 473:THEME GCHTNU9w SOUTH I DEI:PEE 09 MNUTF.S N 54 47 SECONDS WEST ALONG SAID EAST L91E 1.64 FEET TO A PONT ON THE SOUTH. 1r.r[O aLron ERLY LINE OF A PAR CEL Cl LAO DESCRIED N BOOK 152 AT PACE 392,SAO P09NT y,rr°Pvara r 1 BEING THE PONA Oi BEG""OF THE IERCNAT'TEA DESCRIBED TRACT OF 1\ LANOr THENCE NORTH 89 DEGREES,36 AOOTES,OB SECONDS WEST ALONG SAO I �{ LNE 1745.r7 FEET,THEME SOUTH 4 DEGREES.Al LNNFES.35 SECONDS WEST 58c3,FEET TO A PONT OF NTEPSECTBH With THE 7W PARCEL LINE OF SAID N�_.•w.•r..•aN"b "a cwnr w w TAL AN PAC[lW PARCEL OF LAND DES[RBEO W BOOR 163 AT PAGE 1431 THEME SOUTH 03 ,A WnvosA v rNt /NF76.�7•A5'J'06"E F� am/RCW r Ir,C M Pwr[EL b I-Ot50.eE0 t•NOr W+ pEGREEI 2]YrB1ES,r,SECONDS WEST KONG SAID WESTERLY LNE 756.55 .lrv„N ,HI•••t,m n•1 K K W,N< r xr N rq�Mt m:'W�•�rr Kr. IIdT�iYY 4S9e'XCI Oa [•O7a 48'32'tW 1745.17' / FE TO THE SOUTH 30 OEOREES,S THW S T OUARTr1D5 NEST SECT( >n • x� ro,ra¢a / JV n v AE` FEET TO THE SW1N LeE OF THE SOUTHWEST WMTCR OF SAO SECTION AI MO'N J7"W { HENCE SOUTH 89 DEGREES.]4 LOBTCS.D`v SECONDS EAST KONG SAD SOUTH �r��I r'I {y.�yyld� yam] LOIE 1987.61 FEET TO THE SOUT.AST COIREP.OF SAO SOUMWE51 OUAR,ERI \ y)9 q4',W u •{ £fiA "RY T �•�".x,+ ffil 'i � ,A R �r,... THENCE NORTH OI DECREC5.09 uRNTE5.47 SECONDS EAST KONG THE EA Sr rid0=ei' a.F••XeA ,L 9'Ff`� J A� t $ : fix, $5•}. }(, S ,� 4FOr cG>W.0 I..TC[t, RE DF SAD SWTNWESi WMTEP,A DISTANCE OF 655.J?FEET TO T,I I„ N89.452J" T� y T' !bF�1 5-101 ti5 s �'+ !!.nrSr-� L APaNi BF B6cNHINC,N THE iprmrw or Bmsiu.NENDaL rnunrr, w LA'T' 1 "S £+ :,<JFrmocoW.EW Or R 7 N. 3 4 C.L �`' e 'j,,, f`-r-J'. k r scAY lL9KNs P.ee•avrW CXU 4� � _ 3rA �� ` � h �� A�A A7c ]�/f n em,+s wl iAGF.D nrPOi-04-300 002-0000 PNtcEL rWD: PART Of THE NORTHWEST OUARTEP OF SECTION 9.TOWNSHTP 37 NORM, nnn°K•xl r 2t' q �� i Y AQf E'TS7• ,?S IA RANGE 7 EAST OF THE THIRD PROICIPK UERDAR,KENDALL COUNTY, SI Nit'] 7 F is 9 311A> g�y y;Ly�� '.a'F3--'••Y i L�jt' R� LLWOIS•OESCRBED AS FOLLOWS'BEpaRNC AT THE INMDEASI ., •..r,A avx..rxwa•uA i a •C 3. .dhT �f} .S; - CORNER Of THE IkW tNNEST WMTER OF SAID SECTION 91 THENCE S4 j y, ( SOUTHERLYµONE THE EASr LNE OF 5NO NORTHWEST WARTER ON A u ° KCr FFt ,I Et bAaw O l ;L.-, `fAy �}, �'^! g ,(� '� BEARING OF SOUTH DI DECREE A AWNIES 35 SECOWS WEST.A -°rm W.•.sne< :<Rarev o+I I+ 7 Ar,.Na,e, �.p ]'^dt P J DISTANCE OF 472.54 FEET.THENCE WESTERLY PERPEWK%II.AR TO THE •T 'A. • } y R LAST DESCRBEO COURSE OH A SEAIUW OF NORM BB OEOREES.40 INNTES.24 SECONDS WEST.A OSTAwE OF 330.05 FEET TO 7E �""��- I� yFt 7�'� rL ; NY'7,,� Ft y; F• y `�7T ZT �A V NORTHEAST CORNER OF h PARCEL OF LAB CUIIVETEO BY OOCUUEIIT H ft 87036m THENCE cwrRw WESTULr ALONG THE NORTH uc n RAYYww 6E� 1'r' _•"N OF SAID PARCEL OF LAND ON A BEATWO OF NORTH BB DECREES.40 4N1TE5 24 SECONDS WEST.A OSTARCE OF]68.68 FEET 10 THE I NORTHWEST CORNER OF SAID PAACEL,(HENCE SOUTHERLY KDO THE y ,W Y-• „a WEST ARE OF SAO PAIRED ON A%ZAR_0 a SOUTH T DECREE 19 • .°•A,xr,u.nro+A Awn h LB LIKE OF 36 SFCdDS WEST,A DAD,THEME E OF NORT FEET 70 THE CENTER la°t _ ^ A,.' r N•;''m)~ 1-f`Y,f .LNE OE THE LIE WTt GALENA FOAM .32 N N TES 2 NORTHWESTERLY S WE 8 SAID CENTER LINE a.45 F ET THEME352 11LING 25 SECONDS NEST, DISTANCE Of 7.0.45 TEEN THENCE GRTH 7NG DEGREES.22 rE KONG _ SAD CENTER WEST, ON A CEA OF B.a FEE]2 OTHE EASTE LY LINE 25 •� Ant7r,T_ I O��nu•u5a-[aC 3�5 T �}ti I 4 �F^ PARCELS NEST,A DISTANCE OF]06.88 FEET TO THE EASTERLY LNE OF A $' PARCELS LAA pESGRBCO N BOON 152 AT PAGE 592.THENCE NORTH- EASTERLY KONG SAID EADTEP.LY LM ON A BEATUN0 Of NORTH 31 DEG- FJ N REES M AMUTES.51 SECONDS EASE A 0r5TANCE OF 267.87 FEET TO • "Aro' iu cm viJ•JB'26"E N^ A; THE irCRT"LINE Of THE WRY 11 pUARTEA Of SAID SFC 110H 9: `•'^°°°A• ' CND•766.60' O. I ,rte - °i5!'�' -- THENCE EASTERLY ALOW SAID NORTH LINE ON A BEARING OF SOUTH y'-M 39 EE 0 THESVON�ITBOFSBEGN?ANCk1SI�S TCNNRHTW OF 6ONAISi0I...• Gh E n2[,W N2 rsb a5,2�1 F13 6.17' * r ' y � 5a GAL COUNTY,LLe4O5.EYCEP FIND FROM TIE ABOVE TWO PARCELS u,K KWnm u A••rvra.,rlv w ca,ae•o,wm m[ 1 C f THE FOLLOWRwI THAT PART OF THE SOUTHWEST WARTER OF SECTION w N'nPn nR u.,¢ v,r< utaAr 4 ' ♦µp OF HE NORTHWEST WAtTCA OF SECTION 9.TOWNSM+17 •'.l.[,x^'•+ I nU are 'rl' "�' L' L.. .; NORTH,RAKE 7 EAST OF THE THIRD PAMiK UERIOINL KEW L ro Ya Be n<l9wr.Daly Al TwaNACUraa A•MS.a' S-: - N COUNTY,LLM019 DESCRRBEO AS FOLLOWS:AND BEARINGS USED HEREIN tiT A[c: / --Ga A S .', '�aE N` ARE REFEAENCEO TO GAO NORM OF THE ILLINOIS STATE PLANE COORDINATE SYSTEN•EASr 20M'CONLEPwew AT THE SOUTHWEST R-7596.42' -d 'f CORNER OF SAID SOUTHWEST WARIEP.1 THENCE NORTH 67 DEGREES 57 AIV•�205.IJ' P Ad MINUTES 30 SECONDS EAST 78.08 FEET ALONG THE SOUTH LINE Of SAID c m•NJr•!J'?O^E �; ) : SOUTHWEST WARTER TO THE E%BTNO WESTERLY RIGHT OF WAY LINE CM-204.99' 3. - E Y r ' or ILLINOIS ROUTE 47 AND ME PONT OF BECN NC lID,THEE ,I e[l2NVWN NORTHERLY 774.17 FEET ALONG A NDI1-TAwENTII CURVE CONCAVE TO r b[9wrAiirQH1 (! �.r�T - P+F4L 2 THE WEST HAVVO A RADUS OF 1,596.42 FEET.A CENTRAL ANGLE OF 27 nW, A9t TV'Fwla b FATfFar lYA'b•AMen :(• �J"_ DEGREES 47 MINUTES 08 SECONDS ME A CHORD OF NORTH 0 DEGREES 'A, '✓♦ n L KS'Cr0t9 N BODY 9 43 IANUTES 52 SECONDS EAST 786.60 FEET ALONG SAO EBSTNG cr 4 RAFT Lf CI WESTERLY RwYIT W WAY LNE,TIERCE NORM W DEGREES,09 4N1fIES .•D 7 " SECONDS WEST 767,39 FEET KOO SAO ES6TINK WESTERLY RwNi "'•°[aw ' 9 Vie. d•, W OF'WAY LNE,THENCE SOUTH 99 DEGREES 50 MUTES 19 SECONDS WEST a,•. r�Wrl[ .,ISO,J) f 10.00 FEET,TIERCE NORIN 00 DEGREES 09 NeDTES 41 SECONDS WEST "` ' •(-"E ,]}�„"',2 1]2.94 FEET TO THE NORTH LNE Of A TRACT DESCRIED BY DEED m nromm u.4�uw�wwc Aw•rrm olwr, ?T - - �h W RECORDED ON BOOK 243 PACE 99 IN KENDALL COUNTY RECORDS: THEME NORTH 87 DECREES 58 MOTES 02 SECONDS EAST 10506 FEET OO m. A :tiN KONG SAID NORM LNE,THENCE SOUTH 00 DEGREES OB IWIITES 41 N 9• 3 1 267.67 ' P <T\ SECONDS EAST 923.78 FEE IT THENCE SOUTHERLY 766.60 FEET HONG A 14 W r'N, ., _ p�•� iEAETEATa RRAALV"a 25EDEGREES MSNNATIE HAVING 5 SCCOMS AND ALt2 So Tr1_ y S FEE rr�TO THE SWM LNE DEGREES OF SAID SOUTHWEST WUMTER:THEME ��y� SOUTIE7ILY 270.07 FEET KONG A NON-TNNCENTNL CLINE CONCAVE TO EXISTING Y / ITS SSP�PA 54.?Ayy4- - T ` A,6F�•XF.; �' DE RCCSS O INNt;TES RADIUS 4 CONDS AND A CHURDD OF TSOWN 3.DEcRaS Io,rN1 WIND iM>S 7Nt rr .r<T aLAW 1 t 1 ' .q •A x'•' -• 23 LAMITES 49 SECONDS WEST 240.66 EET:O THE SOUTH SS DEGREES F y,AJ 59 INURES ROAD, SECODS WEST 14.26 EECT 2 I TIE CENTER LINE M wn er tmr,° N75'OJ'S7"W '*• � NOT IN LUDED I WEST GALIEN 5.52 THEME NORTH 74 O74DEG 59 wu NN OI 30 SE 5.57' WEST 58.52 FEC TI THENCE fWpTH 7<RAGBAGS 20 A9NIIIES 30 SECONDS �^�>•XCU _� I WEST 42.39 FEET ALONG SAO CENTER LINE,THEME NORM 34 DEGREES •crown 4x,i, i�'°�'ir �r.�cim,A(NNe�'a�'•r'[ A,tr.pt'tt 59 rEME5 00 SECONDS EAST NLZI FEET 40I4 THE EBSTING Tc•,'.�i "YNxorox stn •W4u -'�i lR' ` ` WE SrEALY RKINT OF WAY LNE OF LLNOS RWTE 47 AS EY.rEWED FOW A,ff P,•K WtA VN(r9 Aq,Lrr. • 74•ZS' "W THE NDATH,THENCE NORTHERLY 205.13 FEET ALONG A TAATCI NnK CURVE ZE `� CONCAVE TO THE WEST HAVING A RMAUS OF 1.596.42 FEET,A m `LSF wIAu,AW✓/ I `�AR•WPN CENTRAL ANGLE OF 07 DECREES ZLONTES 43 SECONDS AND A CHOIO c E MFiI#JP�.ib AeCA - OF NORTH 310ECREE5 IB UPNTCS B SECONDS LAST 704.99 FEET t0 ( r I THE PONT OF BEG'NNC.N KENDALL COWIY,LLNOS. AN j Pet,02.09-M 007-0000 A'W .R Xle uIN 'TbOIDNOR.SP.IVC °g Ltd. 0.�' SPACECD,INC. ! L w9/at REV3s6n FLAT TO T9DLEtT la nnE REFOR7 Osti%. TITLE: PLAT OF ANNEXATION PRO.EtT 1 3573 rilS A.WA9AW Rvat S,Wt•OW ONN, Rw,w°...11.ee0u 9575 W.HIGGINS ROAD TO THE MEET( 1/ ] To-I. x59 ORp. OAS MM91C F ,Ne e+• Nn SUITE 700 xN F• L"• LINTER GIP/NI ILLINOIS 3573PA.2D .....1'•°':='p� f6POn ROSEMONT.IL 60016 ' M6 °'LNE 1 '�^�°f��011 c�0' DATE, mnTrot XENDALL COUNTY,ILLINOIS 'f nwx20N •cr:;G.:T9..sG7 ........................... ...... ................... ._ ..... .... ._.........................................................................._................................................. ......................................................................................................._.............. ... ......-. _...... .......... .. ................ ........ ... ._........... ........... A.1 ZONING NENDALL COUNTY ` GARY R VAHIER 1I ASSGCIATFS we Pot refit °9a III ; ..m.Me'. io 5� Isa 6 w4.ln.our 50 I.AND5GAPE BUFFER SITE DATA T Land Use Units Acres %Land Use II i I I� ; OUTLOT a �, > I/ e i �I RESIDENTIAL SITE AREA 256 52.25 AC. 60.8% IunronTU(slLrt 2'.9 AC s WA TCIt'rowis t Il'_YUGgENICp6gUIMW OatacNa TownOOmaa(SS unlYl jf �� IY 1 11 j!r/{ a il a SITE I: ' l ,. i I' Almmed TOwnnomec(19eunils) 1ZINRNG1mIttYd wil i1 e I.:.;hl -21 AC. 1 I , Grams Denary 29 owAC. O.Wtl'ALK WNps�IJ i • I/I'il bc'' U COMMERCIAL SITE AREA — 33.62 AC. 39.2% .wrcYm.lxc. 1 •r`1 T-^I O O^ C Retail Cemar(143,80SF.) ASKSTHOWSWID P.,.aed PeMin, IpSBtl14ePIU3&UIE 5715Wcec 397 Par 1000 S.F. QncWdsa l3 NDCP'2AA OfTotap 1 q�s.: _ I. I pOUTIOT I I L TOTAL 256 85.07 AC. 100% 1 1 I 2 2 Y v.. i {Ih NOTE: Z i II i i I �l1.I GALENA ROAD EXISTING R.O.W. 1.3 AC. +✓ al , I I ,I�.1 I I OUTLO'f s p •.I I /I GALENA ROAD FUTURE R.O.W. 0.6 AC. I i p 1 1 I, I 1 2.2� ` /1 OPEN SPACE AREA 20.6 AC. ,0 Park,PadeShun Goren Sl—ton ur I Delenlion Landscaping Sniper A-i ZONING Y Z I I 11 I(EWALL COUNTY I la� '1( OUALT g It j - LEGAL DESCRIPTION L 11` 25' LANDSCAPE BUFFER e I f I a Let s art i:. OU'fLOT _ I Is 1 ItiJ'I I: 17/1t JI 1 IYU IN t �'• U sw t _ _ L.--� 'Q ' PARR t. 6..9ACj 'a 12ff I� i Y a r � m � ,�✓~.r Y //I,'. /Pr,:/"j/Y'p i $ rtllleUljT p r 1 / -:1 1, car d •. � I]roc . �n� Q25 Z OUTLOT h , or Ismas /yet II111 i _.. ItET\'IL \ / i I,i I I ,t' xh / 3 �n•y i OUTLWT "..CPN,:CRa _\ - Z O if$. �/ 12A(:. elllrflllll / 1, - _ s I. i I J NT�(UUUU�O _ -I47 ROU Sf. p W 6 .d d -._�. _-- - h' SP-S ACE5 - in - ,.- �tT / /Pif 7 -Dfill NfION }i!/ t =OHHIH�HIHHHbHHH4fO: o / I h LOCATION MAP °ii oi' �.k VIIIIIII�HIIHIHTI I�II'll�r _ // - - L--�r �J NO SCALE >,at say ^ 4 \ x` - e ... I_ a i a 3'zzz 4 \ p ` / DETENTION NTION /9� -1.1 AC. v e ��'"•a s ION n � m•.._ 4: ,nano 7. ccem na D Cenrer�15j A.I ZONING '\O LIOe SIN KENDALLCOUNTY A4 ZONING KENDALL COUNW I `�1 SITE PLAN ` ' `/ MWEITY 0- s0 100 200 300 400 a�tw E '1 OF 1� EXHIBIT "D" R-3 PUD PARCEL LEGAL DESCRIPTION PARCEL 2 (ZONE R-3): THAT PART OF SECTIONS 4 AND 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID, SEC- TION 4; THENCE SOUTH 1 DEGREE 23 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 1 DEGREE 23 MINUTES 33 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 1;665.47 FEET AS MEASURED ALONG THE LAST DESCRIBED COURSE; THENCE SOUTH 88 DEGREES 45 MINUTES 16 SECONDS WEST 699.33 FEET; THENCE SOUTH 01 DEGREES 13 MINUTES 44 SECONDS` EAST 187.61 FEET TO THE CENTERLINE OF CHICAGO-GALENA ROAD; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS WEST 185.00 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE NORTH 13 DEGREES 34 MINUTES 15 SECONDS EAST•115.00 FEET; THENCE NORTH 21 DEGREES 09 MINUTES �6 SECONDS EAST 75.66 FEET; THENCE NORTH 13 DEGREES 34 MINUTES 15 SECONDS EAST 51.15 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS WEST 131.00 FEET; THENCE NORTH 13 DEGREES 49 MINUTES 03 SECONDS WEST 45.75 FEET; THENCE NORTH 02 DEGREES '11 MINUTES 28 SECONDS WEST 406.57 FEET; THENCE NORTH 26 DEGREES 21 MINUTES 39 SECONDS WEST 145.28 FEET; THENCE NORTH Oz DEGREES 11 MINUTES 28 SECONDS WEST 244.01 FEET; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 137.50 FEET; THENCE NORTH 02 DEGREES 11 MINUTES 28 SECONDS WEST 781.29 FEET; THENCE SOUTH 87 DEGREES 46 MINUTES 32 SECONDS WEST 82.04 FEET; THENCE NORTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 380.03 FEET TO THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK .152 AT PAGE 392; THENCE NORTH 87 DEGREES 48 MINUTES 32 SECONDS EAST 1,229.57 FEET AS- MEASURED ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. l Doc:42910/1 -42- 1/22/02 EXHIBIT "E" B-3 PARCEL LEGAL DESCRIPTION PARCEL 1 (ZONE. B-3): THAT PART OF SECTIONS 4 AND. 9, TOWNSHIP -37 .NORTH, RANGE 7 EAST OF THE ,THIRD PRINCIPAL MERIDIAN, KENDALL .COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID. SEC- TION 4; THENCE SOUTH 1 DEGREE 23 MINUTES •33 SECONDS EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 990.00 FEET TO THE NORTHEASTERLY CORNER OF A PARCEL OF LAND•DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 01 DEGREE 09 MINUTES 47 SECONDS WEST ALONG SAID EAST LINE 1.84 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 1,229.57 FEET AS MEASURED ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 18 MINUTES 38 SECONDS EAST 380.03 FEET; THENCE NORTH 67. DEGREES 46 MINUTES ' 32 SECONDS EAST 82.04 FEET; THENCE SOUTH 02 DEGREES 11 MINUTES 28 SECONDS EAST 781.29 FEET; THENCE NORTH 87 DEGREES 48 MINUTES , 32 SECONDS EAST 137.50 FEET; THENCE SOUTH 02 DEGREES 11 MINUTES 28 SECONDS EAST 244.01 FEET; THENCE SOUTH 26 DEGREES 21 MINUTES 39 SECONDS EAST 145.28 FEET; THENCE SOUTH 02 DE- GREES 11 MINUTES 28 SECONDS EAST 406.57 FEET; THENCE SOUTH 13 DEGREES 49 MIN- UTES 03 SECONDS WEST 45.75 FEET; THENCE SOUTH 76 DEGREES 25 MINUTES 45 SEC- ONDS EAST 131.00 FEET; THENCE SOUTH 13 DEGREES 34 MINUTES 15 SECONDS WEST 51.15 FEET; THENCE SOUTH 21 DEGREES 09 MINUTES 56 SECONDS WEST 75.66 FEET; THENCE SOUTH 13 DEGREES 34 MINUTES 15 SECONDS WEST..115.00 FEET TO THE CENTERLINE 'OF CHICAGO-GALENA ROAD; THENCE NORTH 76 DEGREES 25 MINUTES 45 SECONDS •WEST 593.45 FEET; THENCE NORTH 74 DEGREES 56 MINUTES 15 SECONDS WEST 708.88 FEET; THENCE ' NORTH 29 DEGREES 03 MINUTES 31 SECONDS EAST 267.60 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF AFORESAIp SECTION 4, THENCE NORTH 87, DEGREES 52 MIN- UTES 35 SECONDS EAST 9.72 FEET AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTH 27 DEGREES 35' MINUTES 21 SECONDS EAST 366.17 FEET; THENCE NORTH 00 DEGREES 50 MINUTES 21 SECONDS EAST 756.55 FEET; THENCE NORTH 02 DEGREES 08 MINUTES 15 SEC- ONDS EAST 581.33 FEET TO THE NORTH LINE OF A TRACT DESCRIBED BY DEED RECORDED IN BOOK 243 PAGE 99; THENCE NORTH 87 DEGREES 48 MINUTES 32 SECONDS EAST 515.60 FEET TO ,THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4, AND OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST .CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 990.00 FEET AS MEASURED ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4 TO THE NORTHEASTERLY QUARTER OF A PARCEL OF LAND DESCRIBED IN BOOK 163 AT PAGE 473; THENCE CONTINUING SOUTH 01 DEGREES 23 MINUTES 33 SECONDS EAST 1.84 FEET AS MEASURED ALONG THE LAST DESCRIBED COURSE TO THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 152 AT PAGE 392; THENCE SOUTH 87 DEGREES 48 MINUTES 32 SECONDS WEST 1,619.57 FEET AS MEASURED ALONG SAID SOUTHERLY LINE TO -THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 PER DOCUMENT 911975 RECORDED APRIL 4, 1991, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 14 MINUTES 37 SECONDS EAST 923.76 FEET' AS MEASURED ALONG SAID RIGHT OF WAY LINE TO A POINT OF CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1,691.42 FEET AND A CHORD THAT BEARS SOUTH 12 DE- GREES 44 MINUTES 25 SECONDS WEST A DISTANCE OF 760.05 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 766.60 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SOUTHWEST QUARTER OF SAID SECTION 4 AND A POINT OF CURVE, SAID Doc:42910/1 -43- 1/22/02 EXHIBIT "E" B-3 PARCEL LEGAL DESCRIPTION CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1,691.42 FEET AND A CHORD THAT BEARS SOUTH 30 DEGREES 18 MINUTES 50 SECONDS WEST A DISTANCE OF 270.68 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 271.01 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 34 DEGREES 54 MINUTES 12 SECONDS WEST 48.7.1 FEET TO THE CENTERLINE OF CHICAGO-GALENA ROAD; THENCE NORTH 74 DEGREES 56 MINUTES 15 SECONDS WEST 101.00 FEET TO THE WESTERLY LINE OF ILLINOIS ROUTE 47 EXTENDED SOUTHWESTERLY TO SAID CENTERLINE; THENCE NORTH 34 DEGREES 54 MINUTES 12 SECONDS EAST 82.98 FEET TO A POINT OF CURVE, SAID POINT•BEING ON THE WESTERLY RIGHT OF WAY LINE OF SAID-ILLINOIS ROUTE 47, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS. OF 1,596.42 FEET AND A CHORD THAT BEARS NORTH 31 DEGREES 13 MINUTES 20 SECONDS EAST A DISTANCE OF 204.99 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 205.13 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; SAID POINT BEING A POINT OF CURVE, SAID CURVE BEING CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1,596.42 FEET AND A CHORD THAT BEARS NORTH 13 DEGREES 38 MINUTES 26 SECONDS EAST A DISTANCE OF 766.60 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 774.16 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 14 MINUTES 37 SECONDS WEST 787.39 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE SOUTH 89 DEGREES 45 MINUTES 23 SECONDS WEST 10.00 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 14 MINUTES 37 SECONDS WEST 132.94 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE TO THE NORTH LINE OF A TRACT DESCRIBED IN BOOK 243 PAGE 99; THENCE NORTH 87 DEGREES 53 MINUTES 06 SECONDS EAST 105.06 FEET AS MEASURED ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. Doc:42910/1 1/22/02 -44- A-1 ZONING ENDALLCOUM GAKYR.We LIK '.�..'I 1' �-Ie,I—I 17�.'�anr i. 111.1 Is, an Muwmaa 'rr.onf -.n.. ..:�: R Irl. SITE DATA or. �W"'LANDSCAPE BUFFER ..e,. anotons A 7------ Land Use Units Acres %Land Use F/I ni OUTLOT RESIDENTIAL SITE AREA 256 52.25 AC. 60.8% 111000111 j, 1WE9 2'9 AC "-"WATrR'rc-- Y Attached Townhourno,jilks unft) i� till A Gross Density 4.9 O.IJUAC. 0 3 ff �Jff fill i is COMMERCIAL SITE AREA 33.62 AC. 39.2% Retail Center(143,M&F.) Proposedloinking 11Sprm,3,97Par10mSF. ,1 rachalke.12 HIDCP:2.1%ofT.) TOTAL 256 85.87 AC. 1160% sOUTLOT 2.1 AV. NOTE: GALENA ROAD EXISTING R.O.W. 1.3 AC. GALENA ROAD FUTURE R.O.W. 0.6 AC. I'LOT 2.2 Ac. ' 1 b ''r I OPEN SPACE AREA 20.6 AC. Park,Pedestrian Green.Shossersor 0 if I- Jim! '104 1 Land...Pft Duffer 13.7n( A4 ZO NDAU-COUNRY I I OUTLO LEGAL DESCRIPTION I= I LAN o.1- 11r.11�-I- 1-1 nmlu 26 ol'51;rll L I "Y r" !�;�I � 1.., .1 . f"." . . " ClUtLur o"s 11� on 1— "1 n�ofto I.,",n 2.3 AC s. .1 n-'. an.n— u 1.IIJ711.2'.=-l'o=1 iLlls I-VII'Ll"11 1 Z o"-I .1 on sm..1 1., In I I `-o 11 1,T111 o. is ui . ......6 . we d- s-,m "I n..I I'll '—sno I—, Iasa 0 0, j 0 < a z OUTLO;t 2. :I _j 1.2 AC. 7j on �iskk Z RFTAL RAM., 111111*111'u Lu 1411800 S:F It. ACE5 In iTHN[TION LOCATION MAP NO SCALE Dl-.n!NTION 4.1 AC. R L - -----rl Gale -qa A4 ZONING 'RoQdKENDALL COUNTY i fe A-1 ZONING KENDALLCOUNTY EAG SITE PLAN 1 OF 1 0 w IN 2W 300 499 a - EXHIBIT "G" CITY ZONING ORDINANCES See attached. Doc:42910/1 1/22/02 -46- EXHIBIT "G" 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 Class One-Family Residence District . . . . . 6A R-1 One-Family Residence District . . . . . . . . . . 6A1 R-2 One-Family Residence District . . . . . . . . . . . 6B R-2 Duplex, Two-Family Residence District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6C R-3 General Residence District . . . . . . . . . . . . . . 6D R-4 General Residence District . . . . . . . . . . . . . . 6E Business Districts . . . . . . . . . . . . . . . . . . . . . . . . . . 7 O Office District . . . . . . . . . . . . . . . . . . . . . . . . . 7A B-1 Limited Business District . . . . . . . . . . . . . . . . �B B-2 General Business District . . . . . . . . . . . . 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 10 And Uses . . . . . . . . . . . . . . . . . . . . 11 Off-Street Parking And Loading . . . . . . . . . . . . . . 12 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 13 Planned Developments • . • • • • . • Zoning Administration And Enforcement . . . . . . . . . 14 January 2000 City of Yorkville 10-1-i 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, 3-23-74) 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 Yorkuille 10-1-3 10-1-2 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. City of Yorkuille 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) Ar r.rA city of YorkuiRe 10-2-i 10-2-3 CHAPTER 2 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 ;f"`'. 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 yorkuille 10-2-3 10-2 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 Yorkuille 10-2 33 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 Vin " 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 (1/2) 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 Yorkuille 10-2 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 Yorkuille 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 ('/2) 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 10-2-3 more licensed physicians or dentists and their F' 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 Yorkuille 10-2 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 ('/2) the total earth movement. DISTRICT: A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-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 Yorkuille 10-2 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 '; , k1 (4) lodgers, for.living or sleeping purposes, and which include cornplete 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 10-2-5 10-2-3 is separate and distinct from the owne-rship and management of operations conducted within other establishments on the same or adjacent zoning lots. B. Direct public access to such "business establishment" i.s 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 City of Yorkuille 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. City of YorkuiRe 10-2-3 10-2-3 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. City of Yorkuille 10-2-3 10-2-3 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 C/O 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 City of Yorkville 10-2-5 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 a; 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 C/O 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 City of Yorkullle 10-2-1 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 City of Yorkville 10-2-3 10-2-3 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 City of Yorkville 10-2-3 10-2-3 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- City of Yorkville 10-2 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 (135°) 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. Y 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. City of Yorkui!Ie 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. City of Yorkville 10-2-3 10-2-3 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 City of Yorkville 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. City of Yorkuitle 10-2-3 10-2-3 OFFICE: A place, such as a building, room or suite, in which se.rvices, 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 .(11/2) 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 (11/2) 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. City of Yorkville 10-2-3 10-2-3 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. City of Yorkuille 10-2-5 10-2-3 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. Ci,f of yorkuille 10-2-3 10-2-3 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. City of YorkuiIIe 10-2-3 10-2-3 SIGN, ADVERTISING A sign which directs attention to a business, f (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 Tic 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 City of Yorkville 10-2-3 10-2-3 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 (4'/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 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 Yorkuille 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 (11/2) 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 he or services designed to be operated by t 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 unobstruc t ted from its lowest level to the sky, p 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 Aside yard which adjoins aanotherrlot alley r separating such side yard from SIDE: YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends o an which the not nearer to such lot line at any p 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 H GABLE HIP GAMBREL H MANSARD FLAT ILLUSTRATIOf= OML7 City of Yorkville 10-2-4 10-2-4 YARD & BUILDING LINES -- L-REAR LOT LINE �AEAR YARD %:1 as \ y W ` SUILOASLE...AREA:::::::::' BUILDING 'SET&YJC LINE ' TFRONT YARD , STREET ILLUSTRATION ONLY City of Yorkuille 10-2-4 10-2-4 FLOOR AREA RA -10 ( FAR o.a ,STpR/. 0.4 ^ 0.2 STR �� <•/ FET ILLUSTRATION ONLY City of Yorkuille 10-2-4 10-2-4 TYPES OF LOTS . O STREET 0 � u� W rno= }— STREET QI INTERIOR LOT �2 CORN ER LOT 03 REVERSED CORNER LOT ® THROUGH LOT ILLUSTRATION ONLY City of Yorkuille 10-2-4 10-2-4 LOT. COVERAGE 40% 20% 10% i ILLUSTRATION City of Yorkuille 10-2-4 10-2-4 LOT DIMENSIONS 1 I I 1 I I I 1 I x 1 = a w I u f, m I S I I Lar x1aTN--- _ LOT WIDTH BUILDING SETBACX LIN J (pr I 11'10 rN 121i STREET ✓' ILLUSTRATION ONLY (Ord. 1973-56A, 3-28-74) City of Yorkville 10-3-1 10-3- CHAPTER3 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- 6: 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 or and no portion of any d unless all alhlzon zoning otsVeesult resulting from building each buildings shall be so I City of Yorkuille 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 DLNIENSION: 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 per (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 Yorkuille 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, 3-28-74) 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 upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. (Ord. 1973-56A, 3-28-74) 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. 4. Where the boundary is an alley, the wall shall be on the property line along the alley. (Ord. 1973-56A, 3-28-74) 1. See fences defined, Section 10-2-3 of this Title. City of Yorkville 10-3-7 10-3-8 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, 3-28-74) 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 i. 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. c. Boats: Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may City of Yorkville 10-3-9. 10-3-6 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, 3-28-74) 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 A sall be i plan eronautics hpn accordance State of Illinois, Department of with the requirements set forth in the approach plan. B. Height of structures in areas ten thousand (10,000) lineal 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) lineal 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) lineal 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) lineal 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) lineal 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) lineal feet of additional distance from airport boundaries for the first ten thousand (10,000) lineal feet, and for the area covered in the next forty easedsby dnot 40mor0e lineal feet (5 ) height of structures may in every additional two hundred (200) lineal 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 authorized as a variation after public hearing by the Zoning Board as provided by law. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-3-10 10-3-11 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, 3-28-74) 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, 3-28-74) r City of Yorkuille 10-4-1 10-4-1 CHAPTER 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 '1 Chapter 6, Article A Estate Class One-Family Residence District Chapter 6, Article Al R-1 One-Family Residence District 10 Chapter 6, Article B R-2 One-Family Residence District 10 Chapter 6, Article C R-2 Duplex,Two-Family Residence District Chapter 6, Article D R-3 General Residence District 5 Chapter 6, Article E 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 10 Chapter 8, Article A M-1 Limited Manufacturing District 10 Chapter 8, Article B M-2 General Manufacturing District - Chapter 9 A-1 Agricultural District January 2000 City of Yorkville 10-4-1 10-4-4 (Ord. 1974-56A, 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) 10-4-2: ZONING NIAPS: 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, 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 January 2000 City of Yorkuille 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 CHAPTER5 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 than 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 10-5-3 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, 3-23-74) 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 RESIDENTIAL DISTRICTS ARTICLE A. ESTATE CLASS ONE-FAMILY RESIDENCE 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. January 2000 City of Yorkville 10-6P.-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. 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, 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 1. 220 ILCS 5/1-101. January 2000 City of Yorkuille 10-6A-2 10-6A-3 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) 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'). 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'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1988-2, 1-28-1988; Ord. 1994-31 , 7-15-1994) January 2000 City of Yorkville 10-6A.-3 10-6A-6 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) 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: 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 twenty feet (20'), except where a side yard adjoins a street, the minimum width shall be increased to fifty feet (50'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994) 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. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994) 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 (21/2) 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 feet (35'), provided they are constructed in accordance with all other regulations of the City. January 2000 City of Yorkuille 10_6A6 10-6A-7 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: PERFORNIANCE 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 turn-outs will be paved, using driveway specifications to determine thickness. E. Wells and septic are allowed if the subdivision (or lot) is not within two hundred fifty feet (250') of water and/or sewer service. When each lot is within two hundred fifty feet (250') of water and/or sewer 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 two hundred fifty feet (250') of the sewer and/or water line, hook up to the sewer and/or water as the case may be, 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. (Ord. 1997-1 , 2-13-1997) January 2000 City ofYorhuille 10-6A1-1 10-6A1-1 CHAPTER RESIDENTIAL DISTRICTS ARTICLE Al. R-1 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-6A1-1: Uses Permitted 10-6A1-2: Special Uses 10-6A1-3: Lot Area 10-6A1-4: Yard Areas 10-6A1-5: Lot Coverage 10-6A1-6: Maximum Building Height 10-6A1-1: 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 (Soo') 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. January 2000 City of Yorkuille 10-6A1-1 10-6A1-2 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) 10-6A1-2: SPECL4,L 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. i 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. January 2000 City of Yorkui[le 10-6A1-2 10-6A1-3 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) 10-6A1-3: 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 (1001 (Ord. 1973-56A, 3-28-1974; amd. Ord. 1988-2, 1-28-1988; Ord. 1994-31, 7-15-1994) January 2000 City of Yorkville 10-6A1-3 10-6A1-6 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) 10-6A1-4: 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 (So'). (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31 , 7-15-1994) 10-6A1-5: LOT COVERAGE: Not more than twenty five percent (25%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1994-31, 7-15-1994) 10-6A1-6: 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 feet (35'), provided they are constructed in accordance with all other regulations of the City. January 2000 City of Yorkutlle 10-6A'.-6 10-6A1-6 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) January 2000 City of Yorkuille l 10-613-1 10-613-3 CHAPTER RESIDENTIAL DISTRICTS ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-613-1 : Uses Permitted 10-613-2: Special Uses 10-613-3: Lot Area And Allowable Density 10-613-4: Yard Areas 10-613-5: Lot Coverage 10-613-6: Maximum Building Height 10-613-1: USES PERMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-1974) 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: Any use permitted as a special use in 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) 10-613-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: January 2000 City of Yorkville 10-6L-3 10-6B-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) 2. This subsection shall apply within the one and one-half (1112) 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 r ;l of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. !� j (Ord. 1988-2, 1-28-1988) 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) 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: January 2000 City of Yorkuille 10-6B-6 10-6B-4 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) 10-6B-5: LOT COVERAGE: Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) shall 10-613-6: MAXINIUM BUILDING HgG . a regulations apply as per required in the ROne-Family Residence District. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkuille �. c �. 10-6C-3 10-6C.-1 CHAPTER RESIDENTIAL DISTRICTS ARTICLE C. R-2 DUPLEX, TWO-FAMILY RESIDENCE DISTRICT SECTION: 10-6C-1: Uses Permitted 10-6C-2: Special Uses 10-6C-3: Lot Size 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 R-2 One-Family Residence District. Two-family semidetached dwellings (duplexes). (Ord. 1990-18, 5-24-1990) 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 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. 1990-18, 5-24-1990) 10-6C-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'). D 't Privatle wells andldo�peivate three-tenths (1 .3) dwelling u nits p er acre January 2000 City of Yorkville 10-6C-3 10-6C-4 sewage treatment facilities may be used to serve a lot containing a minimum of one and one-half (1'/2) acres within the City limits and within the one and one-half (11/2) 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) 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: 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 January 2000 City of Yorkuille 10-6C-6 10-6C-4 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) 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. 1990-18, 5-24-1990) 10-6C-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) January 2000 City of Yorkuille 10-6D-2 10-6D-1 CHAPTER6 RESIDENTIAL DISTRICTS ARTICLE D. R-3 GENERAL RESIDENCE DISTRICT SECTION: 10-6D- 1: Uses Permitted 10-6D- 2: Special Uses 10-6D- 3: Lot Dimensions 10-6D- 4: Yard Areas 10-6D- 5: Lot Coverage 10-6D- 6: Maximum Building Height 10-6D- 7: Off-Street Parking And Loading 10-6D- 8: Water Supply And Sewage Disposal System 10-6D- 9: Minimum Floor Area Per Dwelling Unit 10-6D-10: Minimum Building Separations 10-6D-1 : USES PERMITTED: The following uses are permitted: Any of the permitted uses in the R-2 Residence District. Multiple-family dwellings. Two-family detached dwellings. (Ord. 1973-56A, 3-28-1974;. amd. Ord., 11-20-1975) 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: A. Allowed: Any of the special uses permitted in the R-2 Residence District. Boarding and lodging houses. January 2000 City of Yorkuille 10-6D-2 10-6D-4 Mobile home park, on a lot not less than ten (10) acres in area. t Tourist homes having not more than five (5) rooms for transient guests. (Ord. 1973-56A, 3-28-1974) B. Prohibited: Daycare centers. (Ord. 1995-20, 8-10-1995) 10-6D-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) 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) 10-6D-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'). January 2000 City of Yorkville 10-6D-8 10-6D .4 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) 3. Rear Yard: Not less than thirty feet (30'). (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) 10-6D-5: LOT COVERAGE: A. The same regulation shall apply for one- and two-family detached dwellings as are permitted or required for single-family detached dwellings in the R-2 Residence District. (Ord. 1973-56A, 3-28-1974) B. Not more than thirty percent (30%) of the area of a zoning lot may be covered by buildings on or grade tare snot to biegcons considered structure.I Drivs and sidewalks 9 (Ord. 1997-20, 8-14-1997) 10-6D-6: MAXIMUM BUILDING HEIGHT: ial A. For single-family detached dwellings and permute nonresidentas buildings and structures, the same regulations provided in the R-1 Residence District. B. All other dwelling types, not more than two and one-half (21/2) stories or. twenty five feet (25'), whichever is lower. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) 10-6D-7: OFF-STREE PARKIN AND LOADING:oAll in cc rdanc with regulat 1973-56A, 3-28-1974) 10-6D-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) January 2000 City of Yorkville 10-6D-9 10-6D-10 10-6D-9; MINIMUM FLOOR AREA PER DWELLING UNIT: A one -r 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) 10-6D-10: MINIlVIUM 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) January 2000 City of Yorkville 10-6E-1 10-6E-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE E. R-4 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-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) 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: Any of the special uses permitted in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974) 10-6E-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 Residence District. (Ord. 1973-56A, 3-28-1974; amd. 1994 Code) January 2000 City of Yorkville 10-6E-3 10-6E-3 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) 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) 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, 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 January 2000 City ofYorkuille 10-6E-3 10-6E-6 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) 10-6E-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained: (Ord. 1973-56A, 3-28-1974) 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) 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) 10-6E-5: LOT COVERAGE: The same regulations shall apply for one- and two-family detached dwellings that are permitted or required for single-family detached dwellings in the R-3 Residence District. (Ord. 1973-56A, 3-28-1974) 10-6E-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) January 2000 City of Yorkville 10-6E-6 10-6E-8 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) 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) 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) January 2000 City of Yorkville 10-7A-1 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. 0 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 a ,� 10-713• 1 10-713-1 CHAPTER 7 BUSINESS DISTRICTS .ARTICLE B. B-1 LIMITED BUSINESS DISTRICT SECTION: 10-713-1: Uses Permitted 10-7B-2: Special Uses 10-7B-3: Lot Area 10-7B-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 10-7E-1 10-78-1 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 10-7B-2 10-76-1 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 10-7B-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) 10-76-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) 10-76-8: 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 Citv of Yorkville +l N_ a �� `-�- 10-7C-1 10-7C-1 CHAPTER 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-2 10-7C• 1 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. 1994-1A, 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 a-B-2-D+s1fi-et-if -th-eva-r-ia-nce-is-s-ourght-for-a-p-ar-c_et-o-f-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 t. 10-7D-1 10-7D-1 CHAPTER 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. -j 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 10-7n-1 10-7D-1 Electrical equipment sales. Feed and grain safes. 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 Yorkuille 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 7 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 10-8-1-1 10-8-1 CHAPTER 8 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 r 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 t he eiandeor district boundary, as indicated in Table 1 0 f 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 eon ed the values tabulated in Tables 1 , 2, 3 and 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 On the those whose response peak values are more than three (3) 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 p; 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 aIr� 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. 1.5x10°SCF 3x106 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 Use . 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. City of Yorkville 10-8A-1 10-8A-1 Brushes and brooms. 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. 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 drygoods 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. City of Yorkville 10-8A-1 10-8A-1 Glass products from previously manufactured glass. Hair, felt and feather products (except washing, curing and. dyeing). Hat bodies of fur and wool,felt. 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. City of Yorkville 10-8A-1 10-8A-1 Perfumes and cosmetics. 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 City of Yorkville 10-8A-1 10-8A-1 locations and protective measures have been approved by local governing officials. 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 Title. 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 Title 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. B. Wholesaling and warehousing: Local cartage express facilities (but not including motor freight terminals). 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. 1, 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, 3-28-74) City of Yorkville 10-8A-3 10-8A-2 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 Title. 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 (1'/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 Title. (Ord. 1956-A, 3-28-74) 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. Meat products. Motor freight terminals. City of Yorkuille 10-8A-3 10-8A-6 Planned developments, industrial. Sanitary landfill. Stadiums, auditoriums and arenas. (Ord. 1973-56A, 3-28-74; 1994 Code) 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, 3-28-74) 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, 3-28-74) 10-8A-6: FLOOR AREA RATIO: Not more than 0.8. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-813-1 10-813-2 CHAPTERS MANUFACTURING DISTRICTS ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT SECTION: 10-8B-1 : Uses Permitted 10-8B-2: Conditions of Permitted Uses 10-8B-3: Special Uses 10-8B-4: Yard Areas 10-813-5: 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) 10-8B-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 10-86-5 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 W/O 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 in the M-1 Limited Manufacturing District. (Ord. 1973-56A, 3-28-74) 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 10-813-7 10-8B-6 10-8B-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 '.�:a. 10-9-1 10-9-2 CHAPTERS 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 10-9-3 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. I. 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 10-9-6 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, 12-10-92J 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 1. 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 �t i 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 one-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 Ericlosed 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 Yorkuille 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 ('/Z) or less may be disregarded, while a fraction in excess of one-half ('/2) 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 i 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: Retail 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 ture 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 k;l 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 uses 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. t 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, 3-13-1997') d,l 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. Swimming 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 shall 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, not 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 (10' 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 production, 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 �,� `1 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 (1'/Z) 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 ('/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. ra.. 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 a 10-13-1 10-13-1 CHAPTER13 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: X 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, 1 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. •;n 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 Yorkuille 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 i4 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 10-14-7 10-14-6 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 J 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 7 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 STATE OF ILLINOIS ) Drafted 10-30-98 ss. COUNTY OF KENDALL ) ORDINANCE NO. g133 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- i �'�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 — DAY OF -"� N� ' 1998. MAYOR ATTEST: ��-a� �• CITY CLERK Prepared by Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 -2- �t� EXHIBIT "H" CITY SUBDIVISION CONTROL ORDINANCES See attached. DOC:42910/1 1/22/02 -47- Subdivision ordinance EXHIBIT "H" UNITED CITY OF YORKVILLE SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No. 02000-a Date Adopted 3 — — 1 Subdivision Ordinance YORKVILLE SUBDIVISION 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 Pre-application Conference 5.02 Concept Plan 5.03 Preliminary Plan 5.04 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND 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 Streets 7.04 Half Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Block 7.09 Lots 7.10 Easements 2 Subdivision ordinance YORKVILLE SUBDIVISION ORDINANCE (Continued) 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 Streets 8.06 Sidewalks 8.07 Street Lighting 8.08 Signage, Guard Rails and Landscaping 8,09 Storm Water Drainage 8.10 Sanitary Sewer System 8.11 Water System 8.12 Oversizing of Utilities 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 Final Plat 11.02 Amendment 12:00 VIOLATION, PENALTY & ENFORCEMENT 13.00 WHEN EFFECTIVE Exhibit 1 Standard Specifications for Improvements 3el vy th&cry oo-�,t of t L&u YLMed/CXy of YO-r4ill e That th&s"bd wot.<)4w co-ntro&or � pa,m.e cL a L app ro ve dl by th&c ry ca of th&u nwe d.c xy Yo-rkA/aZZ o-w thel ------- d ay o f -------------------------------- a k Rx r-e q , a4-f OLlo k 3 Subdivision Ordinance SECTION 1.00 - TITLE This Ordinance shall hereafter be known, cited and referred to as the Yorkville Subdivision Ordinance. SECTION 2.00 - INTENT AND 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 an d 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: 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 This Ordinance shall apply to all subdivision of land within the incorporated limits of the 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 4 Subdivision Ordinance 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 pro- vision of this 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 which 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. 3.03 SEPA.R.ABILITY 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 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 The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined. Alley. A public right-of-way primarily designed to serve as secondary access to 5 Subdivision Ordinance 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. Crosswalk shall mean 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. Cul-de-sac shall mean a street having only one outlet and an approp- riate 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, stormwater 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, 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 stormwater flows from a property. Easement. Easement shall mean a grant by a property owner for the use of a 6 Subdivision Ordinance 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. Floodplain: 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). 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 road-way 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 more-or-less uniformly spaced intervals. Half-street. A street bordering one or more property lines of a subdivision tract to which the subdivider 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 on-site and off-site 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 drainageway 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. 7 Subdivision Ordinance Lot, Double Frontage. A lot, two opposite lot lines of which abut upon streets which are more or less parallel. Lot Line. A 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, and (1) located between the roadway and right-of-way line or (2) 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 off-site 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. 8 Subdivision Ordinance 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 which 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 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, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. 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. 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. 9 Subdivision Ordinance 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 neighborhood. This street carries less than 1000 ADT. Street, Local Residential: A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood. This street carri es less than 1000 ADT. Street, Major Collector. A street which 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, Minor Collector. A street which 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. Subdivider. 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, however, 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 5 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 1 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; 10 Subdivision Ordinance 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 involve 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; 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 2 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 SUBDMSION.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). 5.01.2 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. 5.01.3 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. 5.02 PRELMNARY PLAN: 11 Subdivision Ordinance 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. When 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 at the 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). 5.02.02 After a written report from the Plan Council, and after.review of the Preliminary Plan and discussion with the.subdivider on changes and additions that may be required for the plan, the Plan Commission shall make a recommendation in writing to the City Council. 5.02.03 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. 5.02.04. 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. 5.02.05 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. 5.02.06 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 12 Subdivision Ordinance 5.03.01 Approval of the Preliminary Plan shall entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1. Conforms substantially to the approved Preliminary Plan, and 2. Meets all conditions of said approval, and 3. Complies with all applicable, current ordinances. Disapproval of the Final Plan is warranted if 1. There are more than minor deviations from the approved Preliminary Plan. 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5..03.02 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the Plan Council. 5.03.03 After reviewing the final plat and applicable minutes from the Plan Council and a 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, either approval or disapproval of the Final Plat and its reasons for such recommendation. The final plat then proceeds to The Economic Development Committee which consisting of four(4) City Council members for it's further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 5.03.04 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 specification for the improvements. The Final Plat can not be submitted to the Plan Commission until the Improvement plans are approved and signed by the City Engineer and by the City Administrator and all fees are paid and all required securities are filed. 5.03.05 The Final Plat shall be recorded with the County Recorder of Deeds, within thirty (30) 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. 5.03.06 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. 13 Subdivision Ordinance SECTION 6.00 - REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of the 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'foot 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: 1) location of buildings. 2) approximate dimensions and area of site. 3) off-street parking, delivery and pick-up areas. 4) buffer zones. 6.01.02 Existing Conditions. Presence of any of the following shall be shown on the sketch Plan or an additional sheet: L' 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 outfalls. 4. Existing buildings. 5. Existing utilities and utilities proposed for extension. 6. Existing streets and streets proposed. 6.01.03 Location Mao. 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. 14 Subdivision Ordinance 6.02 PRELIMINARY PLAN 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. 6.02.01 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 previous 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 dedicated or 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. 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 data (See Figure No. 5 in Standard Specifications) 15 Subdivision Ordinance 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, watermain 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. 6.02.02 The following information shall be shown for all single-family & 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. 6.02.03 The following information shall be shown for all multiple-family, commercial, industrial and other non-residential areas: 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 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 6.03.01 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. 16 Subdivision Ordinance 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 corners 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 one hundredth (1/100) of a foot. 6. Building set-back 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 is any tier of lots are 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 an 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 17 Subdivision Ordinance marked. 13. All water-courses, drainage ditches, and other existing features pertinent to 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. 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 and 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 corners or changes in bearing of the exterior boundary. Metal monuments not less than 1/2 inch in diameter and 24 inches in length shall be placed in the ground at all Iot 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. The survey shall be performed by a Surveyor, holding a currently valid registration in Illinois, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand 1 15,000), 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 18 Subdivision Ordinance 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate SECTION 7.00 - DESIGN STANDARDS 7.01 GENERAL In 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. Take into account future development, including street and utility extensions. 7. 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 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 (1) year from the date of recording of the Final Plat, procedures to acquire said acreage. 7.03 The City of Yorkville Standard Specifications for Improvements shall be incorporated herein, and shall apply to any and all development, not only subdivisions. 7.04 HALF-STREETS 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 finds it will be practicable to 19 Subdivision ordinance 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 feet, ( 22.5) 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 as 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 The width of alleys shall be not less than twenty four(24) feet. 7.05.04 Dead-end alleys shall be prohibited. T06 STREET JOGS Street intersection jogs with center line offsets of less than one hundred fifty (150) feet shall be prohibited. 7.07 STREET INTERSECTIONS Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection at an angle of less than eighty (80) degrees shall not be acceptable. 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 one thousand three hundred twenty (1,320) feet, nor have less than sufficient width to provide two (2) tiers of lots of appropriate depth between street lines, except that one (1) 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 and 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 20 Subdivision Ordinance 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 3" of bituminous concrete surface course on 10" of compacted CA-6 base. Fencing shall be 4 foot 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 The 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 (1,300) 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 Every lot 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 all of the parcel being divided and may have no exceptions or exclusions; and shall not contain."leftover" pieces, corners, or remnants of land. 7.09.10 Lot widths shall be measured at the building setback line and may be reduced ten 21 Subdivision Ordinance (10) percent at the end of a cul-de-sac, providing the lot area meets the requirements of the Zoning Ordinance. 7.09.11 Corner lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 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 stormwater control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and provide space for future utilities. 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. Easements shall be provided along both sides of all right-of-way immediately adjacent and parallel to said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that easements and any easement provisions to be incorporated on the plat or in the deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the service involved. 7.10.02 Where a subdivision is traversed by a water-course, drainage channel or stream, or other body of water,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 water-course and wide enough to allow access for construction and maintenance equipment. 7.10.03 A screen-planting easement may be required in accordance with the Landscape Ordinance. If such easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen feet (15') shall be used. SECTION 8.00 - REQUIRED IMPROVEMENTS 8.01 PAPROVEMENTS REQUIREMENTS PRIOR TO FILING FINAL PLAT 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. 22 Subdivision Ordinance 8.02 SUBDIVISION SECURITIES In lieu of construction in 8.01 above, the subdivider shall post with the City, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond, payable to the 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. The Bond or Letter of Credit posted shall be issued by a Surety 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. Construction guarantee shall not be reduced to below 25% of the approved engineers estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year. 8.03 CONSTRUCTION WARRANTY 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 10% of the Land Improvement cost to insure 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, engineers 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. 23 Subdivision Ordinance 12. Payment in full of all city fees. 8.04.02 Construction and Inspection 1. Prior to starting any work covered by the approved plans and specifications for the above improvements, written authority to start the work shall be obtained from the Director of Public Works. 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 Section 8.05 through 8.11, and the City's Standard Specifications for Improvements. 2. Construction of all improvements required by this Ordinance must be completed within two (2) years from the date of approval of the Final Plat unless good cause can be shown for granting an extension of time. 3. The subdivider shall pay all expenses incurred by the City to provide field inspections and testing of all construction work and materials before, during and after construction. 8.04.03 As Built Plans 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 rnains,.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 of credit assuring their completion. The "as built" plans shall be submitted on reproducible.Mylar, and also on computer diskette in a format acceptable to the City. 8.04.04 Survey Monuments All permanent and other monuments required in this Ordinance shall be placed prior to the approval of the Final Plat. 8.04.05 Acceptance of Dedication, Improvements 1. 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. 2. Approval of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. 24 Subdivision Ordinance 3. 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. City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations in 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 Director of Public Works and City Engineer. A Maintenance Bond will then be required in the amount of 10% of the cost of the Land Improvements, as specified in this ordinance after City Council acceptance. 8.05 STREETS Street improvements shall be installed by the developer and 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 25 foot (25') radius where right-of-way lines intersect. 8.06 SIDEWALKS Concrete sidewalks shall be installed by the developer within all subdivisions on both sides of the street or roadway to a minimum width of 5 feet as specified in the City's Standard Specifications for Improvements. 8.07 STREET LIGHTING 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. 8.08 SIGNAGE, GUARD RAILS AND LANDSCAPING 8.08.01. 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. 8.08.02 Steel Plate Beam Guard Rails shall be placed along the shoulder of any street where street construction has resulted in an embankment greater than six (6) feet in height. 8.08.03 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. 8.08.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 25 Subdivision Ordinance 8.09.01 Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch basins and manholes and/or detention facilities, shall be designed and constructed to adequately drain the area being developed and also all of such other areas which naturally drain through the area being developed. 8.09.02 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. 8.09.03 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. 8.09.04 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. 8.10 SANITARY SEWER SYSTEM All subdivisions and units therein will 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. 8.11 WATER SYSTEM All subdivisions and units therein shall be required to provide connection to the City of Yorkville's public water supply system including required watermain 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. 8.12 OVERSIZING OF UTILITIES When, in any subdivision, now within the City or within one and one-half(1-1/2) miles of the City limits, which normally would require a certain size watermain, 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 26 Subdivision Ordinance 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. 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. 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 for 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, 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 was 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 -ADMINISTRATION 9.01 BUILDING PERMIT 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 No certificate of occupancy shall be issued for the use of any structure within a subdivision approved for platting or re-platting until all required utilities have been 'installed and are capable of servicing the subdivision and roadways providing access to individual lots shall have at least the bituminous binder laid. All street lights in that phase of the subdivision must be fully functional and the final grading plan must be submitted and approved prior to a Certificate of Occupancy. 9.03 VARIATIONS Where the Planning Commission finds that extraordinary hardships or particular 27 Subdivision Ordinance 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. The standards and requirements of the Ordinance may be modified in the case of large scale developments when the Plan Commission 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. 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. Because of 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 property, and have not been created by any person having an interest in the property. 3. The purpose of the variation is not based primarily upon a desire to make more money out of the property. 4. The granting of the variation will not be detrimental to the public safety, health, or welfare, or"injurious to other property or improvements in the neighborhood in which the property is located. SECTION 10.00 - AMENDMENT Amendments may be proposed by 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 1/2 miles of the corporate limits of the City. 28 Subdivision Ordinance 10.02 PROCESSING APPLICATION FOR AMENDi1�ENT 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 Commiion with the request to hold a public hearing. ss I0.02.02 Pubhon. The City Clerk shall cause a notice of time, place and purpose of such -hearing to be published in a newspaper published within the City of Yorkville not more than thirty(3 0) days nor,less than fifteen (15) days in advance of such hearing. 10.02.03 Hearine on Application Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at east one (1)public hearing on the proposed amendment. However, the PIan 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. j - I 10.03.02 If a recommendation submitted by the Plan Commission to the City Council for a I proposed amendment is not acted upon by the City Council within 45 days.of the I date upon which such application is received by the Mayor and City Council, it I, shall be deemed to have been approved. i SECTION 11.00 - FEE SCHEDULE 11.01 FINAL PLAT Before the final plat is approved by the Plan Commission, there shall be attached a receipt from the City Clerk showing that the subdivider has paid to the City of 29 Subdivision Ordinance Yorkville a fee of Five Dollars ($5.00) for each lot, tract, or housing unit shown on the final plat. The minimum fee shall be Ten Dollars ($10.00) per plat. 11.02 AMENDMENT Any individual applying for an amendment to this ordinance shall pay a fee of Fifty Dollars ($50.00) to the City of Yorkville at the time application is filed with the City Clerk. 11.03 The subdivider shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. SECTION 12.00 - VIOLATION PENALTY ENFORCEMENT 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 $50 nor more than $200 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 by reporting to him any new construction, reconstruction, improved land uses, or upon any apparent violation. SECTION 13.00 - WHEN EFFECTIVE This Ordinance shall be in full force and effect from and after its due passage, approval and publication as provided by law. Passed and approved by the City Council this—S-4 day of 2000. 0 Uo I Mayor ATTEST: pl7e n� �a�C/YNVrrlcm� City Clerk SEAL 30 t Standard Specifications RESOLUTION FOR THE CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS Resolution No. o2Qoo_q 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 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 City. 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 City and no other specifications will take precedence. All improvements included in the City of Yorkville 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 "Standard Specifications for Water and Sewer Main Construction in Illinois", and the "Manual on Uniform Traffic Control Devices", the "Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control" 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 engineering plans have been approved by the City Engineer and the City Administrator and the pre-construction meeting has been held. Any changes to the approved plans must be approved in writing by the City Engineer. 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. -S1- Standard Specifications The subdivider shall obtain and keep in force insurance coverage for Workers Compensation and Employers Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability as described in II)OT's "Standard Specifications for Road and Bridge Construction". The City shall be named as an additional insured. The insurance coverage shall remain in effect until the entire development is accepted by the City. Blasting will not be allowed. 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 70% 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 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, non-woven roadway fabric (6.5 oz. min.). 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. 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 4 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 12 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 backfilled 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 base course shall be proof rolled as described above and -S2- Standard Specifications' witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. 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 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. Also, the binder course shall be bump tested by the contractor and witnessed by the City Engineer and all areas exceeding one half inch 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 free of all dirt and debris. A prime coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. The bituminous concrete surface course Class I 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 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 bumps shall be completely removed and replaced, not just the bump itself. Minimum temperature requirements for laying bituminous surface course will be 5 degrees F higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be 1/4 inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed on a base of CA 7 aggregate to a minimum thickness of 4 inches, but in no case shall the curb and gutter subgrade be higher than 1 inch below the adjacent roadway subgrade. The height of the gutter flag shall be 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 12 inches. The concrete curb and gutter shall be reinforced with two #4 deformed bars placed 3 inches from the bottom, spaced 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 5% 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 3/4 inch deep sawed -S3- Standard Specifications 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 backfiIling. 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 same. 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. Existing roadways running through or adjacent to the development shall be improved by the developer to comply with these Standard Specifications for Improvements. Half streets are discouraged but where they are necessary on advise of the City Engineer, the minimum width street will be 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 15 feet and two radii of 15 feet. The pavement beyond the road edge shall be 3 inches of bituminous concrete surface course on a 10" CA6 aggregate compacted base with pavement fabric. Concrete curb and gutter will not be required around the Tee and sidewalk will not be 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 30 feet including header joints as approved by the City Engineer. . 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. In no case shall the pavement structural elements be less than the following: LOCAL RESIDENTIAL STREETS The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class I mixture. The bituminous concrete binder shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of crushed CA6 gravel or limestone. All roadways shall be bound with B-6.12 concrete curb and gutter to a width of 30 feet from back of curb to back of curb. The street radius for all intersecting streets shall be a minimum of 30 feet to the back of curb. -S4- Standard Specifications ESTATE RESIDENTIAL STREETS The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class I mixture. The bituminous concrete binder shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of crushed CA6 gravel or limestone. The street radius for all intersecting streets shall be a minimum of 30 feet.to the edge of pavement. Streets will require a 70 foot minimum dedicated right-of-way with a 50 foot front yard setback. Twenty-eight (28) feet of actual asphalt with a 25 foot driving area marked by thermoplastic pavement marking is required. A thirty-two (32) foot width of full depth stone shall be constructed to provide 2 foot wide stone shoulders at least 12 inches thick. Mailbox turn-outs will be paved, using driveway specifications to determine thickness. MINOR COLLECTOR AND INDUSTRIAL ROADWAYS The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class I mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness (2 lifts). The aggregate stone base shall be 12 inches in thickness of crushed CA6 gravel or _limestone. All roadways shall be bound with B-6.12 concrete curb and gutter to a width of 39 feet from back of curb to back of curb. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb. MAJOR COLLECTOR AND ARTERIAL ROADWAYS Major Collector and Arterial Roadways are those roadways that carry more than 2500 ADT. These roadways shall be designed using the referenced IDOT standards based on the approved traffic study or the minimum standards stated below, whichever is more stringent. The following design parameters shall be used: Design period =20 years Class II Road Traffic Factor Equations for 80,000 # vehicles 2.0% traffic growth rate Asphalt Cement viscosity of AC-20 Subgrade Support Rating of Fair The minimum standard for this type of roadway shall be 1.5" of Class I bituminous surface course over 6.0 of bituminous binder course. The aggregate stone base shall be 16.0" of crushed CA-6 gravel or limestone. All roadways shall be bound with B7.18 concrete curb and gutter to minimum width of 51 feet from back of curb to back of curb. The street radius for all intersecting streets shall be a minimum of 50 feet to the back of curb. An alternative bituminous concrete base may be approved by the City Engineer and B6.18 or B6.24 may be required based on specific site drainage needs. -55- Standard Specifications SIDEWALK Non-reinforced, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of 4 feet where 4 feet wide walks now exist, and 5 feet wide in all other locations. All sidewalks shall be 5 inches in thickness. They will be a minimum of 6 inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA7 with a minimum thickness of 2 inches (5 inches across driveway approaches). All concrete shall be Class X with a minimum of 5% air-entrainment. Sidewalks shall slope 2% toward 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 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 5 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. 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 10 foot width with an exit and entrance identification, consisting of 2 inches of asphalt on 8 inches of CA6 aggregate. Dedicated easements at least 15 feet wide must be provided for the trail. DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1. 6 inches, minimum of Class X concrete with a minimum of 5% air-entrainment over 6 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 inch thick and full depth, shall be installed at the curb and at the sidewalk. 2. 2 inches, minimum of Class I bituminous concrete surface course over a minimum base of 8 inches of CA6 aggregate over a 90% modified proctor compacted subgrade. 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 8%. I 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 12 inches or greater, as required by the City. -56- Standard Specifications PARKWAYS AND PARK SITES All parkways and park sites shall be landscaped in accordance with the City's Landscape Ordinance as amended from time to time. 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 at the 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 watermain wherever possible and shall be set 2 feet from back of curb to face of pole. Occupancy permits can not be issued until all streetlights in that phase of the development are installed, complete and operational. Light Distribution: Luminaries of the Type H distribution as approved by the Illuminating Engineering Society (herein termed IES) shall be used except at intersections where Type H or Type IV IES distribution shall be used. The City Engineer may designate that 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 3% from power supply to last unit with no wire size smaller than No.10 Type RHH or RHW underground Service Cable (USE) All street lights, 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 from time to time. Conduit: All driveways, street and sidewalk crossovers shall have 2" HID PVC conduit used as a raceways for underground cable. Underground Cable: All underground cable shall be placed in a 1 1/2" unit duct and buried at least 30 inches below the normal finished grade. 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. -S7- Standard Specifications Underground Cable Location: Underground cable shall be installed in a trench not less than 2 feet from the back of the curb except that in no case shall the underground cable be installed under the sidewalk. Grounding: The grounding of the streetlight fixture and arm shall be in accordance with the locally adopted electrical code. 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. Streetlight Standard and Bracket: Local and collector 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 4 foot arm and shall be buried a minimum of 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. C 728 N 609, or approved equal with 1-1/4" side mount built-in ballast. The Luminaries shall be fitted with General Electric Company "Lucalox" high pressure sodium LAMPS LU150/55/1), or approved equal, with GE company ANSI specification "S55" high pressure sodium ballasts, or approved equal, or American Electric 13-56262-6/113-55962-6. Major Streets: The lighting pole will be fabricated from weathering steel with a minimum yield strength of 50 ksi. It shall have a weathering characteristics of ASTM-A588 or A606. The pole and luminare arm will have only one longitudinal seam weld. The pole and luminare arm will be in one piece; absolutely no multi-sectional welded or slip fit design poles will be allowed. The pole shall have an octagonal 8 sided cross section. After fabrication, the complete pole and luminare arms will be sandblasted to a near white finish.. The installing contractor will be careful to clean the pole of all dirt and oil prior and after erection of the pole to insure uniform weathering. All connecting hardware will be stainless steel. The pole will be designed to hold the luminare arms as indicated on the plans in accordance with the latest edition of the Standard Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals as written by the American Association of State Highway and Transportation Officials. The design wind velocity will be 80 MPH with a 1.3 gust factor. The light standard shall be designed to hold 2 luminaries weighing 64 pounds each and will a projected area of 2.3 square feet with a design wind velocity of 80 MPH and a gust velocity of 104 MPH. The pole design shall meet the latest edition of specifications for luminare standards as published by AASHTO. A complete set of calculations shall be submitted along with catalog cuts and drawings of the pole and luminare. -S8- ,4 Standard Specifications The pole shaft shall be fabricated from steel conforming to ASTM-A588 or A606. The base plate shall be fabricated from steel conforming to ASTM-A588. There will be a 4 inch by 6 reinforced hand hole 1 foot up from the base of the pole. Pole sections shall 11 GA. Each pole shall be supplied with 1 or 2 lighting arms as required. Lighting arms shall be attached with a 2 bolt "simplex" bracket. Lighting arms shall be 6 sided, fabricated as shown on the standard drawing. Each arm shall be provided with a 2 inch ID by 7-1/2" long tendon. The luminaries shall be installed 8 feet from the pole. The base will be 13-1/2" square, 3/4" thick with a minimum 5 inch diameter hole. The base plate will have four 1 3/16" holes on 13-3/4" bolt circle to attach to the anchor bolt foundation. All pipe shall be Yoloy, or approved equal, weathering steel pipe. Each pole shall be connected to the ground by means of a copper wire of the #10 size and shall be welded to the inside wall of the pole and connected to a 5/8" diameter, 8 foot long copper clad steel ground rod. The upper end of the ground rod shall be at least 1 foot below finished grade. The foundation shall.be concrete foundations, Type E,24 inch as specified in the Standard Specifications for Road and Bridge Construction, current edition as adopted by IDOT. The luminare shall be baked-on bronze, Acrylic enamel American Electric No. 153-63L2-6J with a high pressure sodium lamp 240 volt operation, 310 watt, or approved equal. A computer printout will be required to establish spacing, wattage, and mounting height. The standards for lighting levels shall be those recommended by the IES minimums and maximums. Underground cable from the power supply to the pole base shall be rated USE Type RR,#10 minimum, but shall be validated by an approved electrical analysis. Wire installed from the hand hole in the base of the pole to the photocell and luminare shall be 412 type RHW. Streetlight standards, luminaries, ballast, lamps and cables shall be guaranteed by the manufacturer or distributor for its 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 10% 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 1.0 foot-candles per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. -59- Standard Specifications 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 in easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe (RCP) with a 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. All roadways will have a system of inlets/catchbasins 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 2 foot sump. Catch basins or open-lid structures shall not be located over the sewer main. Inlets and catch basins shall have 4 required weep holes (2" diameter) with an approved drainage fabric covering. 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. 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 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 approve automatic diverter valve immediately outside the house and a check valve inside the house. Multiple collection lines of 4 inch and 6 inch HD PVC will be allowed by an approved design. Terminal and junction points shall be at 2 foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2 inch minimum HD PVC with cemented joints. The connection to the storm sewer shall be through a neat, tight fitting, bored hole into the concrete pipe. After insertion of the sump pump discharge pipe into the concrete storm sewer pipe, the joint shall be sealed with hydraulic cement. In no case shall the sump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections, however, shall be into a structure where ever practical. Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical) during the final plan preparation stage to determine soil types and -S10- Standard Specifications ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevation and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least 5 feet below planned basement floor elevations, then individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area, the developer shall verify (with City representative present) that the granular 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 10 year storm running just full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a 5 year event running just full. The minimum velocity shall be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of 3 feet. Storm sewer manholes shall be 5' in diameter and constructed of reinforced concrete and shall be placed at a maximum spacing of 500 feet. The use of adjusting rings is limited in height to 8". Inlet and/or catch basin frames and grates shall be Neenah No. 3015, East Jordan No. 7010, or approved equal. 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 manholes castings shall be Neenah No. R-1030, East Jordan No. 105123 and type B cover, or approved equal. All type B covers shall have "City of Yorkville" and "Storm" cast into the top and shall be the concealed pickhole type. All sections of the manholes shall be completely sealed with butyl.rope including the casting. Manholes shall not be allowed in the pavement, curb and gutter or sidewalk. All flared end sections 15" or larger shall have grates. In Estate residential developments, a ditch shall be required on both sides of the street and shall have a minimum profile slope of 1% (side slope 4:1 on the street side, and 3:1 on the lot side). The storm water storage system shall be designed utilizing a modified Rational method as follows: 1. Q=(Cm)IA where a run off co-efficients 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-efficients shall be utilized as minimums: Surface C Grass .50 Asphalt/Concrete .98 Roof 1.00 Detention/Retention 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 -S11- Standard Specifications 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 2 year (0.04 cfs/acre) and the 25 year (0.08 cfs/acre) storm control in addition to the 100 year event. 4. The minimum size restrictor shall be a 4 inch by 12 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. 5. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin 970 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 shall be utilized. See Figure 3 for a sample calculation. 6. The storm water storage areas must have a containment for 12 inches of additional storm water storage with an approved calculated overflow area at 6 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 3 feet below grade and a length to extend a minimum of 4 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. 7. The storm water storage areas will not be accepted by the City or included in calculations for park land donations. However, the City may elect to accept such areas if they are combined with a park area that meets the requirements as specified in the attached exhibits. Should the City not accept the storm water storage area, the area will need to be covered by an easement, including access thereto, such that should the private ownership not maintain said area as necessary, the City can cause such corrections and bill the owner including any and all administrative costs. 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. Keeping the streets clean is part of this plan and failure to do so will result in these actions. The engineering plans shall have a one or more full sheets dedicated to the final grading of the entire site. The minimum grade for all grass areas shall be 2% except that Swale areas may be at 1% 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 8-1/2" 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 2. feet, and a maximum of 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 2% and a maximum slope of 8% toward the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation -S12- Standard Specifications 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. 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 City shall supersede these requirements. 8. The storm water areas shall be designated according to the guidelines below. In addition to these standards, the City may require that stormwater detention and retention facilities incorporate currently acknowledged Best Management Practices to improve stormwater quality. A. Storm Water Retention(Wet Ponds) These areas shall be designed to a minimum depth below normal water levels of 6 feet. If fish life is to be maintained, 25% shall be to a minimum depth of 12 feet. These areas must have a safety shelf 3 feet in width at a depth of 2 feet below the normal water elevation. The slope to the bottom of the lake is 2:1 and the slope up from the lake is a maximum of 3:l. All storm water inlet points must have calculated desilting basins below the required 6 feet of depth. The developer shall provide a soils 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. B. Storm Water Detention (Dry Ponds) These areas shall be 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 slopes shall be a minimum of 2% except that a slope will be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. 2 foot inlets can be placed over the low flow pipe. The maximum water depth below the HWL shall be 4 feet. 9. The storm water storage shall be independent of the major watercourses with the allowable design discharge into said watercourse. 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 18 inches above the elevations determined for this bypass situation. -S13- Standard Specifications 10. 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. WATER SYSTEM 1. All watermains 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 1" 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 pattern 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 A423 (Centurion) 3. East Jordan 5-BR 4. 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 6 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 -S14- Standard Specifications 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 50mg/l 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 8 inches internal diameter with a cover of 5 feet 6 inches below finished grade. Watermain stubs to hydrants shall be at least 6 inches internal diameter. City water mains and hydrants shall be placed on the North and West sides of the streets unless approved otherwise by 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. Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of 2 fire hydrants serving any point of any building or 300 feet along the roadway, which ever 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 2 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 located 5 feet from the paved road edge. Center line of 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 1 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 2 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 10 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: and -S15- Standard Specifications 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 and approved by the building inspector prior to backfilling: and 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 gases 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 TF 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 oversizing may be applicable. SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new developments. The minimum internal _size of sanitary sewer main shall be 8 inches in diameter. The top of the sewer main shall be a minimum of 3 feet lower than the lowest floor elevation at all service connection locations but not less than 8 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 BOCA 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. -S16- Standard Specifications 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 a good quality noise control and all electronic components shall be explosion-proof. G. Forcemains 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 forcemain 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 forcemain, and shall discharge to sanitary sewers where possible. Forcemains and shall be tested at 150 psi for 2 hours similar to watermain testing. H. The subdivider 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. - - -- -- --L----- -The-subdivider-shall provide start--up training_to-the Public W2rks Department _ personnel, and shall provide three (3) sets of Operations and Maintenance Manuals for all equipment at the lift station. Sewer construction can not start until the City Engineer has been notified by the Illinois Environmental Pollution Agency (IEPA) 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. Sewers may be curved if properly held in position to a minimum radius of 300 feet. All public sanitary sewers will be air and mandrel tested 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 video tape and -S17- Standard Specifications written log by the developer, at his expense, under the supervision of the City Engineer, to insure 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 video tape 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 video tapes 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 City 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 recommendation. A vacuum of 10 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 9 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 expiration of the 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 pickholes 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 4-foot diameter and shall not be located in pavement, curb, & gutter, or sidewalk. 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 -S18- Standard Specifications 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 8 inches in height using as few.rings as possible. All manholes shall be marked at the time of construction with a 4 inch by 4 inch hardwood post neatly installed vertically and with a minimum 3 feet bury and a minimum 4 feet exposed. The top 1 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 sewer 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 owners 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. Level of service for post-construction conditions. . 3. All calculations shall be conducted according to the "Highway Capacity Manual". 4. Recommendations as to additional/limited access, additional lanes, signalization, etc. 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 alternative land uses are being proposed, the highest trip generation uses shall be assigned for each land use). _S19- Standard Specifications SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to the proposed development including a sight distance analysis. 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 devises, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage, parking regulations, street lighting, driveways serving 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 AND 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 determine 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 PM to 9:00 PM of a average or typical weekday, and 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 15 minute increments and 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 turning 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 City of Yorkville shall approve the substitute rates. SITE GENERATED TRIP DISTRIBUTION AND 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, 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. -S20- Standard Specifications FUTURE TRAFFIC (EXISTING PLUS SITE GENERATED) VOLUMES -Future traffic (existing plus site generated traffic volumes) for the AM, 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 buildout 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 timed to coincide with major stages of the overall project or to coincide with increments of area transportation system 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. SPECIALIZATION 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. -S21- Standard Specifications DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS. 1. ASPHALT A. RESIDENTIAL 2" I-11 bituminous concrete surface over 8" (min.) compacted CA6 limestone or crushed gravel. B. COMNIERCIAL/INDUSTRIAL 3" I-11 bituminous concrete surface over 10" (min.) compacted CA6 limestone or crushed gravel. 2. CONCRETE A. RESIDENTIAL 6" class "x" over 6" (min.) compacted CA6 limestone or crushed gravel. B. COMMERICAL/INDUSTRIAL 8" class "x" over 8" compacted CA6 limestone or crushed gravel. 3. PAVING BRICK A. RESIDENTIAL Paving brick over 1" sand and 8" compacted CA6 limestone or crushed gravel. 4. SEALCOAT A. COMMERICAL/INDUSTRIAL 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 3 years, after which it must be paved to the above stated specifications. The same base should be 10" (min.) of compacted CA6 limestone or crushed gravel. -S22- FIGURE 2 Mininwm Minimum Minimum radius Minimum Tangent Maximum Minimum Clear Sight Right-of-way Roadway to Centerline of Length of Between Gradient Gradient Distance Street Width Width .Horizontal Curves Vertical Curves Reverse Curves Expressways 200 ft. 1,000 ft. 30x* 200 ft. 5% 0.50% 500 ft. Local Exp-ways 100 ft. 1,000 ft. 30x* 200 ft. 5% 0.50% 500 ft. Collector, Major 80-100 ft. 51ft. 1,000 ft. 30x* 200 ft. 5% 0.50% 500 ft. Collector, Minor 80 ft. 39 ft. 400 ft. 30x* 200 ft. 5% 0.50% 400 ft. Local, Minor for row houses and apartments 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.*** In Business and 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. -S23- sue-CHRT Standard Specifications Figure 3 100 Year Detention Pond Volume Subdivision Name: SAMPLE FOR STANDARD SPECIFICATIONS Date: Duration Intensity Runoff Storage Rate Required Volume hour (In/Hr) 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 Composition "C" Factor Determination Type of Area Acres "C" Factor C x A Grass 1 0.500 0.500 Pavement 1 0.980 0.980 Wet/Green Detention 1 1.000 1.000 Rooftop 1 1.000 1.000 Totals 4 3.48 licit _ .870 Cm =1.25 x c = 1.088 Allowable Run-off= 0.15 cfs/acre Allowable Run-off= 0.60 cfs Required detention volume= 1.818 acre-feet -524- FIGURE 4 THE UNITED CITY OF YORKVILLE SO' 6' RI. 0' 5' SIDEWALK (TYP.) STANDARD LIGHTPOLE W z 3-0' a-11 TREE(BOTH SIDES) h � FIRE HYD. o a a GAS 1' 11 TBIT. CONC. SURFACE CSE. 1 112 STORM B-BOX SANITARY SEWER CONC. BINDER CSE (2 1/2") SEWER 1-21 y WATERMAIN AGO. BASE CSE. COMB. CC&G TY. B6.12 (TYP.) L7J • NOTE: PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. TYPICAL LOCAL RESIDENTIAL STREET X—SECTION NOT TO SCALP -S26- Standard Specifications Figure No. 5 CHECK LIST FOR PRELIMINARY PLANS SECTION 1: WRITTEN DOCUMENTS Not Applicable Acceptable Deficient 1. A land use application containing the following: 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 one hundred(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 hand corner: 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 REOUIREMENTS 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(1) inch equals one hundred(100)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 R-O-W 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. 7. A schematic of existing or proposed public utility systems including the size of sanitary servers, storm water lines, and streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City to clearly show the proposed site plan elements. -526- Standard Specifications Figure No. 6 CHECKLIST FOR FINAL PLANS SECTION l: WRITTEN DOCUMENTS Not applicable Acceptable Deficient 1. A land use application containing the following: 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 corner: a. Legal Description. b. Size of property in square feet and acres. c. Current Zoning. d. Square footage and percent of site coverage with buildings. e. Square footage and percent of site coverage with pavement. f. Number of parking spaces to be provided. g. Number of parking spaces required by zoning ordinance. h. Square footage and percent of site coverage with landscaping. i. Number of buildings. j. 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'apart). d. Caliper size of all trees at installation. SECTION 3: PLAN DATA REOUIREMENTS 1. Dimensions of property. 2. Existing and proposed streets (public and private), 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 recreational 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. -S27- Standard Specifications 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. This resolution shall be in full force and effect upon passage. Passed and approved by the City Council this Gy day of 2000. -o YOP, SEAL ATTEST: CITY CLERK p STA-SPEC -520- EXHIBIT"I" LEGAL DESCRIPTION OF WATER WELL AND TOWER SITE See attached. Doc:42910/1 1/22/02 -48- EXHIBIT "I" PARCEL D: TO BE CONVEYED BY WARRANTY DEED TO THE UNITED CITY OF YORKVILLE. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4;THENCE NORTH 87 DEGREES 58 MINUTES 26 SECONDS EAST(assumed) ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 4,828.23 FEET TO THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47;THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE BEING A CURVE TO THE LEFT WITH RADIUS OF 1691.42 FEET AND CHORD BEARING NORTH 12 DEGREES 50 MINUTES 21 SECONDS EAST,AN ARC DISTANCE OF 766.59 FEET TO A POINT OF TANGENCY;THENCE NORTH 00 DEGREES 08 MINUTES 41 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE,919.88 FEET TO THE SOUTHERLY LINE OF PROPERTY DESCRIBED IN BOOK 152,PAGE 392;THENCE NORTH 87 DEGREES 54 MINUTES 21 SECONDS EAST, ALONG SAID SOUTHERLY LINE,672.35 FEET TO A POINT 945.20 FEET WESTERLY OF(measured along said southerly line)THE EAST LINE OF SAID SOUTHWEST QUARTER,FOR THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREE 58 MINUTES 29 SECONDS EAST,320.03 FEET;THENCE SOUTH 87 DEGREES 54 MINUTES 21 SECONDS WEST,PARALLEL WITH SAID SOUTHERLY LINE,284.37 FEET; THENCE NORTH 01 DEGREE 58 MINUTES 29 SECONDS WEST,320.03 FEET TO SAID SOUTHERLY LINE;THENCE NORTH 87 DEGREES 54 MINUTES 21 SECONDS EAST,ALONG SAID SOUTHERLY LINE, 284.37 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS. -44- Doc:49563/2 EXHIBIT "J" Northgate Approved Variances -Right of way for local residential streets will be 60 feet if Developer opts for private streets. -M3.12 curb will be permitted along all private streets. -Continuous reinforcing bars will not be required in curbs along private streets. -Sidewalk will not be required along Galena Road and Route 47. -Detention Storage will be permitted below the Base Flood Elevation.