Ordinance 2001-09 u ,-'00 i i 0004646
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Revised February 28, 2001 ORDiNPNLt 15.C>
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2001 - _
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
ROBERT FISHER, GAIL FISHER,DIANE CONOVER,
JOHN LIES, and DELORES LIES
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation 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 Agreement has been drafted and has been considered by the
City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations
as required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended, for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the real property is contiguous to the City.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute.
on behalf of the City,an Annexation Agreement concerning the annexation and development of the
real estate described therein, a copy of which Annexation Agreement is attached hereto and made
a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
PAUL JAMES 4AV_ MARTY MUNNS
RICHARD STICKA MIKE ANDERSON �_
VALERIE BURD ROSE SPEARS -12IL4E
LARRY KOT _ THOMAS SOWINSKI _omk
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of A.D. 2001.
MAYOR
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of `' u,h , A.D. 2001.
Attest: K ��NVr✓�Yh
CITY CLERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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Exhibit "A"
LEGAL DESCRIPTION
That part of the West Half of Section 16, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Beginning at the Northeast Corner of the Southwest
Quarter of the Northwest Quarter of said Section 16; thence South 87°57'35" West, along the
North Line of said Southwest Quarter of the Northwest Quarter, 1089.81 feet to the East Line of
Illinois Route No. 47; thence Southeasterly, along said East Line,being a nontangential curve to
the left with a radius of 9387.49 feet, an arc distance of 333.29 feet; thence South 14°01'35".
East, along said East Line, 784.70 feet; thence South 22°30'03" East, along said East Line,
397.55 feet; thence South 16'11'25" East, along said East Line, 55.90 feet to a line which is
190.0 feet Northerly of and parallel with the North Line of the Burlington Northern Railroad;
thence North 73'23'35" East, along said parallel line, 703.91 feet to the East Line of the
Northwest Quarter of the Southwest Quarter of said Section 16; thence North 00°46'59" West,
along said East Line, 18.75 feet to the Northeast Corner thereof; thence North 00°46'59" West,
along the East Line of the Southwest Quarter of the Northwest Quarter of said Section 16, a
distance of 1325.99 feet to the point of beginning in Bristol Township, Kendall County, Illinois
and containing 30.328 acres.
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.DALE Ur TY, ILLINOIS
I NO I S
.
PHUL ANDLRSuN
Revised February 15, 2001 03-21-2001 At 02:42 FPM.
ANNEX AGREL 57.00
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
ROBERT FISHER, GAIL FISHER,DIANE CONOVER,
JOHN LIES, and DELORES LIES
THIS AGREEMENT is made and entered into this_&a_day of `Maj ch ,
2001 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and
ROBERT FISHER, GAIL FISHER, DIANE CONOVER, JOHN LIES, and DELORES LIES, of
Bristol Township,Kendall County, Illinois (hereinafter referred to as "OWNERS"); (Tax Parcel
I.D. 02-16-152-001).
WITNESSETH
WHEREAS, OWNERS are the owner of land which lies North of and contiguous to the
existing corporate limits of the CITY, and which said real property is more particularly described
in the attached Exhibit"A", which is incorporated herein by reference and; which is not located
within the corporate boundaries of any other municipality; and
WHEREAS, OWNERS desire to annex the said real property described into the CITY, its
Plan commission has considered the Petition to Annex, and the City Council has heretofore both
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L
requested and approved the proposed land use and the zoning of the same at the request of
OWNERS and the CITY; and
WHEREAS, OWNERS have presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit"A"in order to make said real property a
desirable addition to the CITY; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manner, and
WHEREAS, OWNERS and their representatives have discussed the proposed annexation
and have had public meetings with the Plan Commission and the City Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties
hereto wish to enter into a binding agreement with respect to the future annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS,pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have and such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
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NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111-15
through 65 ILCS 5111-15.1-5, as amended, as follows:
1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance
annexing to the CITY all of the real property described herein in the attached Exhibit"A";
depicted in the attached Exhibit `B"Annexation Plat, attached hereto and incorporated herein by
referenced; and the CITY in said ordinance shall zone the real property designated in the attached
Exhibit`B" subject to the further terms of this Agreement as B-3 Service Business District.
Said zoning shall allow the uses, size, density, area, coverage, and
maximum building heights asst forth on Exhibit"C" for B-3 Service Business District and as
time to time modified by the CITY. Said real property shall be used and developed in
accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5111-15.1-5, and in accordance with the
City Subdivision Control and Z ning Ordinances.
B. That in addition to the uses permitted above in the B-3 Service Business
District, the subject property sh ill be or any portion thereof permitted to be used for all zoning
uses listed in the City M-1 Limited Manufacturing District Zoning Ordinance, a copy of which is
attached hereto and incorporate I herein as Exhibit "D", and any uses as time to time approved in
that class by the CITY.
C. The O RS, and successors, heirs, and assigns hereby agree that prior
to issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville; or that said real property shall
be subdivided according to CITY Ordinances if multiple lots are sought.
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D. The real property described in the attached Exhibit `B" shall be zoned as
R-2 Single Family Residential District. The subject real property described in Exhibit"E" shall
be subject to all permitted uses of the R-2 Single Family Residential District which are listed in
the attached Exhibit"F". In the event that a Commuter Train Station or Park and Ride Facility is
built on the subject real property or on real property adjacent thereto, OWNERS shall be granted
R-3 General Residence District zoning without further public hearing to enhance use of said
station by a townhouse or condominium development on the subject property as described in
Exhibit"A". In any area for which R-3 General Residence District development is undertaking
OWNERS shall be entitled to all uses permitted for R-3 General Residence District which are
listed in the attached Exhibit "G".
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of the parcel described in Exhibit"A", OWNERS have no obligation to pay
School Transition Fees or Land-Cash Fees so long as the subject parcel described in Exhibit"C"
is used for a purpose provided under the CITY B-3 Service Business District Zoning Districts or
M-1 Limited Manufacturing District.
B. On any parcel used for residential purposes OWNERS or a future
developer seeks to agree that School Transition fees to the Yorkville School District shall be paid
per residential dwelling unit in said subdivision as required by City Ordinance at the time of a
residential zoning class being granted and Development fees per residential dwelling unit to the
CITY, and other fees to the CITY in conformance with the City Ordinances or as modified by the
CITY. Said Transition, development, and other fees shall be paid per residential dwelling unit
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.t
concurrent with and prior to the issuance of each respective subject residential dwelling unit
building permit. Said fees are being paid voluntarily and with the consent of OWNERS and
Developer based upon this contractual agreement voluntarily entered into between the parties
after negotiation of this Agreement. OWNERS and Developer knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily. No School Transition
fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business,
office, or manufacturing purposes under the terms of this Agreement.
C. OWNERS shall be allowed one free Sanitary Sewer Tap to the CITY
Sanitary Sewer Mains (up to 6" when available); and one free Water Main Tap to the CITY
Water mains (up to 2" when available), and a meter therefore as to the real property described in
the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture
Agreement payments which may be required to be paid upon hooking up to CITY Water and
Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property
being within any Recapture Service Area; or any fees charged by other governmental agencies.
D. CITY agrees to rebate to the OWNERS within 30 days of the presentation
of the paid Real Estate Tax Bill to the City Treasurer, the CITY's portion for the CITY and
Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the CITY
until the property is developed,by reason of a building permit being issued, upon a Final Plat of
Subdivision being recorded for any portion of the subject real property, whichever occurs first.
E. OWNERS shall not be required by CITY to hook-on to the CITY Water or
Sanitary Sewer System at the time of entering into this Annexation Agreement, but may do so
upon their desire to obtain those services, when available to the subject property.
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F. In the event CITY water and sewer are unavailable at the time OWNERS
desire to develop the subject property, the CITY will give consideration to a request for a
variance from its subdivision Control Ordinance for use of temporary private well and septic
systems. In determining the applicability of such a variance for the subject parcel, the CITY
shall consider soil types, density, intended use of the development, and proximity of the subject
parcel for extension of sanitary sewer and water mains, as well as capacity of those municipal
and sanitary district systems. In the event the CITY grants development without sewer and
water, the OWNERS agree to hook on when it becomes available within 250 feet of the subject
property.
G. The CITY agrees that if the subject property is developed for Business,
Manufacturing or Office Zoning classifications and the developer front funds the extension of
offsite water and/or sanitary sewer extensions, developer will receive a rebate of water and sewer
connection fees as well as recovery of the cost of said off-site sanitary sewer and water
extensions; which shall be recovered as a credit of up to 50 percent of the sales tax generated on
the subject property on an annual unit basis until the cost of off-site extensions are recovered in
full. On-site extension costs are at OWNERS or Developer's expense.
H. Upon annexation, the OWNERS will receive police protection, 911
service and library service as provided by CITY.
I. The CITY will not require the OWNERS to annex to Yorkville Bristol
Sanitary District or other applicable sanitary district, until platting or application for a building
permit seeking to hook up to the CITY sewer system is sought by OWNERS. Property owner
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agrees to cooperate with other entities to formulate a separate agreement to allow for contiguity
of other properties to a Sanitary District if requested.
J. OWNERS shall be permitted to continue their existing agricultural uses on
the subject real property as legal non-conforming uses until the subject real property is
developed.
K. CITY agrees that in consideration of OWNERS voluntarily entering into
this Annexation Agreement, the CITY at its expense shall pay all of its Consultants, all
publication, application, and recording fees for the Annexation and Zoning of the subject
property, and shall at CITY expense,prepare an Annexation Plat thereof and all necessary
Ordinances. No charge for the aforesaid items shall be paid by OWNERS.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNERS and their successors and assigns shall have the
right to sell transfer, mortgage and assign all or any part of the subject property and the
improvements thereon to other persons, trusts,partnerships, firms, or corporations, for
investment, building, financing, developing 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 OWNERS under this Agreement and upon such transfer, the
obligations pertaining to the property transferred or sold shall be the sole obligations of the
transferee, except for any performance bonds or guaranties posted by OWNERS on any
subdivided or unimproved property for which an acceptable substitute performance bond or letter
of credit has not been submitted to the CITY.
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4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof. It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement 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 the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said CITY, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the CITY.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
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With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To Owners: Robert Fisher, Gail Fisher,
Diane Conover, John Lies, and
Delores Lies
c/o Gail Fisher
501 Conover Lane
Yorkville, IL 60560
or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in frill
force and effect.
9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
day of , 2001.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
Mli
By
Arthur F. Prochaska, Jr., Mayo
Attest: Yl 1 &6t."
City Clerk
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OWNERS:
r
ROBERT FISHER
GAIL FISHER
DIANE CONOVER
t
LIES
DELORES LIES
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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to
EXHIBIT LIST
Exhibit A - Legal description for entire parcel being annexed
Exhibit B - Annexation Plat
Exhibit C - B-3 Service Business District Zoning Ordinance and uses
Exhibit D - M-1 Limited Manufacturing District Zoning Ordinance and uses
Exhibit E - Legal description for the parcel being zoned R-2 Single Family
Residential District
Exhibit F - R-2 Single Family Residential District Zoning Ordinance and uses
Exhibit G - R-3 General Residence District Zoning Ordinance and uses
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Exhibit"A"
LEGAL DESCRIPTION
That part of the West Half of Section 16, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Beginning at the Northeast Corner of the Southwest
Quarter of the Northwest Quarter of said Section 16; thence South 87°57'35" West, along the
North Line of said Southwest Quarter of the Northwest Quarter, 1089.81 feet to the East Line of
Illinois Route No. 47; thence Southeasterly, along said East Line, being a nontangential curve to
the left with a radius of 9387.49 feet, an arc distance of 333.29 feet; thence South 14°01'35"
East, along said East Line, 784.70 feet; thence South 22°30'03" East, along said East Line,
397.55 feet; thence South 16°11'25" East, along said East Line, 55.90 feet to a line which is
190.0 feet Northerly of and parallel with the North Line of the Burlington Northern Railroad;
thence North 73°23'35" East, along said parallel line, 703.91 feet to the East Line of the
Northwest Quarter of the Southwest Quarter of said Section 16; thence North 00°46'59" West,
along said East Line, 18.75 feet to the Northeast Corner thereof; thence North 00°46'59" West,
along the East Line of the Southwest Quarter of the Northwest Quarter of said Section 16, a
distance of 1325.99 feet to the point of beginning in Bristol Township, Kendall County, Illinois
and containing 30.328 acres.
Accurate Map of
Territory Annexed
THE UNITED CITY OF YORKVILLE
Kendall County Illinois
120 S87'57'35W 1327.65'
S87-57'35"W 1089.81'
/ /T/T/ North Line of the Southwest Quarter of the Northwest Quarter
of Section 16, T37N—R7E
11 ri, Northeast Corner of the
Southwest Quarter of the
W W Northwest Quarter of
NSection 9, T37N—R7E
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Exhibit "C"
LEGAL DESCRIPTION
B-3 Zoned Area
That part of the West Half of Section 16, Township 37 North,Range 7 East of the Third
Principal Meridian described as follows: Commencing at the Northeast Corner of the Southwest
Quarter of the Northwest Quarter of said Section 16; thence South 87 057'35" West, along the
North Line of said Southwest Quarter of the Northwest Quarter, 480.0 feet to a line which is
600.0 feet easterly of and concentric with the East Line of Illinois Route No. 47 for the point of
beginning; thence South 87'57'35" West, along said North Line, 609.81 feet to said East Line of
Illinois Route No. 47; thence Southeasterly, along said East Line,being a nontangential curve to
the left with a radius of 9387.49 feet, an are distance 333.29 feet; thence South 14°01'35" East,
along said East Line, 784.70 feet; thence South 22°30'03" East, along said East Line, 397.55
feet; thence South 16'1 V25" East, along said East Line, 55.90 feet to a line which is 190.0 feet
Northerly of and parallel with the North Line of the Burlington Northern Railroad; thence North
73'23'35" East, along said parallel line, 600.01 feet to a line which is 600.0 feet easterly of and
parallel with said East Line of Illinois Route No. 47; thence North 16'l 1'25" West, along said
parallel line, 84.61 feet; thence North 22°30'03" West, along said parallel line, 386.17 feet;
thence North 14°01'35" West, along said parallel line, 740.25 feet; thence Northerly, along a line
which is 600.0 feet easterly of and concentric with the East Line of Illinois Route No. 47 being a
curve to the right with a radius of 8787.49 feet, an arc distance of 206.60 feet to the point of
beginning in the City of Yorkville, Kendall County, Illinois and containing 20.586 acres.
10-7L %7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking and Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
Electrical equipment sales.
City of Yorkville
10-7L %-7D-1
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini warehouse storage.
Miniature golf.
Nursery.
Orchard.
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Skating rink.
Sports arena.
Stadium.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord.
1988-7, 4-14-88)
City of Yorkville
10-7r, &D-4
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage. (Ord. 1973-56A, 3-28-74)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-86)
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, 3-28-74)
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.
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, 1-9-86; 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-74)
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
City of Yorkville
10-7i_ %-7D-7
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 Single-Family
Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87)
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, 3-28-74)
10-7D-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, 3-28-74)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-74)
City of Yorkville
10-8/, 8A-1
CHAPTER
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
�Xb�`bi�
10-8, &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-i3r, Z'A-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
10-8. &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
10-81 &A-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
10-8, &8A-1
C. Public and community service uses as follows:
Bus terminals, bus garages, bus lots, street railway terminals or
streetcar houses.
Electric substations.
Fire stations.
Municipal or privately owned recreation buildings or community
centers.
Parks and recreation areas.
Police stations.
Sewage treatment plants.
Telephone exchanges.
Water filtration plants.
Water pumping stations.
Water reservoirs.
D. Residential uses as follows:
Dwelling units for watchmen and their families when located on the
premises where they are employed in such capacity.
E. Miscellaneous uses as follows:
Accessory uses.
Radio and television towers.
Temporary buildings for construction purposes for a period not to
exceed the duration of such construction.
F. Off-street parking and loading as permitted or required in Chapter 11
of this Title. (Ord. 1973-56A, 3-28-74)
City of Yorkville
10-8/-, - SSA-3
10-8A-2: CONDITIONS OF PERMITTED USES: All permitted uses are
subject to the following conditions:
A. Any production, processing, cleaning, servicing, testing, repair or
storage of goods, materials or products shall conform with the
performance standards set forth in Section 10-8-1 of this 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 (11/2) tons' capacity may be
unenclosed throughout the District, except for such screening of
parking and loading facilities as may be required under the
provisions of Chapter 11 of this Title.
C. Uses established on the effective date hereof and by its provisions
are rendered nonconforming, shall be permitted to continue subject
to the regulations of Chapter 10 of this Title.
D. Uses established after the effective date hereof shall conform fully to
the performance standards set forth in Section 10-8-1 of this 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 Yorkville
10-8, &-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
Exhibit"F"
LEGAL DESCRIPTION
R-2 Zoned Area
That part of the West Half of Section 16, Township 37 North, Range 7 East of the Third
Principal Meridian described as follows: Beginning at the Northeast Corner of the Southwest
Quarter of the Northwest Quarter of said Section 16; thence South 87°57'35" West, along the
North Line of said Southwest Quarter of the Northwest Quarter, 480.0 feet to a line which is
600.0 feet easterly of and concentric with the East Line of Illinois Route NO. 47; thence
Southeasterly, along said concentric line,being a nantangential curve to the left with a radius of
8787.49 feet, an arc distance of 260.60 feet; thence South 14°01'35" East, along a line which is
600.0 feet easterly of and parallel with said East Line, 740.25 feet; thence South 22°30'03" East,
along said parallel line, 386.17 feet; thence South 16'11'25" East, along said parallel line, 84.61
feet to a line which is 190.0 feet Northerly of and parallel with the North Line of the Burlington
Northern Railroad; thence North 73'23'35" East, along said parallel line, 103.90 feet to the East
Line of the Northwest Quarter of the Southwest Quarter of said Section 16; thence North
00°46'59" West, along said East Line, 18.75 feet to the Northeast Corner thereof, thence North
00'46'59" West, along the East Line of the Southwest Quarter of the Northwest Quarter of said
Section 16, a distance of 1325.99 feet to the point of beginning in the City of Yorkville, Kendall
County, Illinois and containing 9.742 acres.
10-6B• &B-3
CHAPTER 6
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
10-6B-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
10-61 &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 W/O 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"^.
of the Yorkville-Bristol Sanitary District Plant for disposal of sewage.
(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 Yorkville
10-613-4 ORB-6
A. Front Yard: A front yard of not less than thirty feet (30').
B. Side Yards: A side yard on each side of the zoning lot of not less
than ten feet (10'), or ten percent (10%), whichever is greater,
except where a side yard adjoins a street, the minimum width shall
be increased to thirty feet (30').
C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord.
1973-56A, 3-28-1974)
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)
10-613-6: MAXIMUM BUILDING HEIGHT: Same regulations shall
apply as permitted or required in the R-1 One-Family
Residence District. (Ord. 1973-56A, 3-28-1974)
January 2000
City of Yorkville