Ordinance 2000-42 j w
i'aul2by An 08/01/2000 02:
Revised June 6, 2000 derson, Kendall County 1 of 4
Y. IL Recorder
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000- ya
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
MICHAEL ROSENWINKEL and TAMARA ROSENWINKEL
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
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.
BURTON CALLMER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD A ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
PROVED by m ,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
ca day of , A.D. 200.
MA O
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r A
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 20_.
Attest:
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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i h
i
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST %2 OF THE
NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID EAST /20F THE NORTHEAST 1/4 OF SECTION 18;
THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST
LINE OF SAID EAST /20F THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE
OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72-892; THENCE
NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE,
2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH
EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56
SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON
COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43
SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST ''/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF
SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG
THE EAST LINE OF THE WEST 1/20F THE EAST /20F SAID NORTHWEST 1/4, 1543.12
FEET; THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST 663.59 FEET,
MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17;
THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST
LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58
MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17,
1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72
FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER
LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS
WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD,
2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART
DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST
ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF
BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG
SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50
SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47
SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS.
0010270 08/01/2000 02:31P 1 of 8
Paul Anderson, Kendall County, IL Recorder
Revised July 21, 2000 pt�
STATE OF ILLINOIS
) ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
MICHAEL ROSENWINKEL and TAMARA ROSENWINKEL
rl,
THIS AGREEMENT is made and entered into this , / day of —10 i� ,
2000 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and
MICHAEL ROSENWINKEL and TAMARA ROSENWINKEL, of Bristol Township, Kendall
County, Illinois (hereinafter referred to as "OWNERS"); (Tax Parcel I.D. #s 02-17-100-004,
02-17-100-008, 02-18-200-004).
WITNESSETH
WHEREAS, OWNERS are the owners of real property 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
requested and approved the proposed land use and the zoning of the same at the request of
OWNERS and the CITY; and
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WHEREAS, OWNERS have presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit"A" as M-1 Limited Manufacturing District 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.
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:
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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"; and
the CITY in said ordinance shall zone the real property designated in the attached Exhibit"A"
subject to the further terms of this Agreement as M-1 Limited Manufacturing District.
Said zoning shall allow the uses, size, density, area, coverage, and
maximum building heights as set forth on Exhibit`B" for M-1 Limited Manufacturing District
and as time to time modified by the CITY. Said real property shall be used and developed in
accordance with 65 ILCS 5111-15.1 through 65/ILCS 5111-15.1-5, and in accordance with the
City Subdivision Control and Zoning Ordinances.
B. That in addition to the uses permitted above in the M-1 Limited
Manufacturing District, the subject property shall be or any portion thereof permitted to be used
for all zoning uses listed in the City B-3 Service Business District Zoning Ordinance, a copy of
which is attached hereto and incorporated herein as Exhibit"C", and any uses as time to time
approved in that class by the CITY.
C. The OWNERS, 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.
D. The real property being annexed is depicted as Exhibit "D" attached hereto
and incorporated herein by reference as the Annexation Plat.
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of said parcel, OWNERS have no obligation to pay School Transition Fees
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or Land-Cash Fees so long as the subject parcel is used for a purpose provided under the CITY
M-1 Limited Manufacturing District or B-3 Service Business District Zoning Districts.
B. In the event, at a later date OWNERS or a future developer seeks to
modify the existing zoning to a Residential Class Zoning, OWNERS 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 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 waive 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.
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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.
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
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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
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.
L. OWNERS agree that they will cooperate with the CITY in encouraging
future owners or developers purchasing said property to reserve an easement to the CITY for
location of sanitary sewer and watermain extensions as close as possible to the Rob Roy
Drainage District Ditch, and will consider granting an easement for a linear park trail adjacent to
the Rob Roy Drainage District Ditch; the actual terms of easements to be negotiated between the
OWNERS and the CITY.
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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.
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.
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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
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To Owners: Michael & Tamara Rosenwinkel
9274 Galena Rd.
Bristol, IL 60545
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 full
force and effect.
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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.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
day of , 2000.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By:
Arthur F. Prochaska, Jr., May
Attest:
City Clerk
OWNERS:
MICHAEL ROSENWINKEL
TAMARA ROSEN L
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 LIST
Exhibit A - Legal description
Exhibit B - M-I Limited Manufacturing District Zoning Ordinance
Exhibit C - B-3 Service Business District Zoning Ordinance
Exhibit D - Annexation Plat
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LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST %2 OF THE
NORTHEAST 1/4 OF SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID EAST '/2 OF THE NORTHEAST 1/4 OF SECTION 18;
THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG THE WEST
LINE OF SAID EAST %2 OF THE NORTHEAST 1/4 1668.70 FEET TO THE NORTH LINE
OF PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY
WARRANTY DEED RECORDED FEBRUARY 28, 1972 AS DOCUMENT 72-892; THENCE
NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST ALONG SAID NORTH LINE,
2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH
EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56
SECONDS EAST ALONG THE EAST LINE OF SAID THE COMMONWEALTH EDISON
COMPANY PROPERTY, 975.25 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID
NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20 MINUTES, 43
SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST '/z OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF
SECTION 17; THENCE NORTH 00 DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG
THE EAST LINE OF THE WEST %2 OF THE EAST %2 OF SAID NORTHWEST 1/4, 1543.12
FEET; THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST 663.59 FEET,
MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17;
THENCE NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST
LINE OF SAID NORTHWEST 1/4 1104.36 FEET, MORE OR LESS, TO THE NORTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE SOUTH 87 DEGREES, 58
MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID SECTION 17,
1353.09 FEET; THENCE SOUTH 7 DEGREES, 53 MINUTES, 22 SECONDS EAST 291.72
FEET TO A POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER
LINE OF CORNEILS ROAD; THENCE NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS
WEST ALONG SAID PROLONGATION AND SAID CENTER LINE OF CORNEILS ROAD,
2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING(EXCEPT THAT PART
DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST 1/4 OF SECTION 17,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST
ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF
BEGINNING; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG
SAID NORTH LINE 261.32 FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50
SECONDS EAST, 291.32 FEET; THENCE NORTH 37 DEGREES, 05 MINUTES, 47
SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF
BRISTOL, KENDALL COUNTY, ILLINOIS.
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-&A-1 10-M 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.
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-2 10-SA-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 (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 Yorkville
1
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
10-7D-1 10-7D-1
CHAPTER 7
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking and Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
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
10-7D-1 10-7D-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
10-7D-2 10-7D-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
' 10-7D-4 10-7D-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
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