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Ordinance 1999-03 c r 9910714 07/19/1999 OJ:30P 1 of 5 Paul Anderson, Kendall County, IL Recorder STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 1999 - 3 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF ARTHUR SHERIDAN AND ASSOCIATES,LTD.,DEVELOPER and JAMES SPITZ, OWNER WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real property described in Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE and OWNER/DEVELOPER be approved; and WHEREAS, said Annexation and 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 5111-15.1-1, as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and -1- WHEREAS, the property is contiguous to the UNITED CITY OF YORKVILLE: 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 and Planned Unit Development Agreement concerning the annexation and development of the real property described therein, a copy of which Annexation and Planned 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. PASSED at a regular meeting of the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE on the A4 day of � t�.��-- , 1999. SIGNED and APPROVED by me, as Mayor, this ay of T , 1999. ATTEST: CITY CLERK MAYO Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -2- r Exhibit"A" LEGAL DESCRIPTION That part of the West Half of Section 19, Township 37 North, Range 7 East of the Third Principal Meridian being described by commencing at the point of intersection of the North right of way line of U.S. Route #34 and the West line of said Section 19; thence South 84 degrees 36 minutes 32 seconds East along said North right of way line, 148.00 feet for the point of beginning; thence continuing South 84 degrees 36 minutes 32 seconds East along said North line, 360.32 feet; thence North 03 degrees 02 minutes 53 seconds East 317.64 feet; thence South 87 degrees 21 minutes 53 seconds East 404.14 feet to the old fence line representing an old Deed line; thence North 02 degrees 38 minutes 07 seconds East along said old fence line,2240.63 feet; thence North 84 degrees 40 minutes 09 seconds West, 1026.28 feet more or less to the West line of said Section 19; thence South 00 degrees 10 minutes 27 seconds West along said West line, 1984.48 feet to a point being located 600.00 feet Northerly of said North right of way line of US Route #34; thence South 84 degrees 36 minutes 32 seconds East parallel with said North right of way line, 148.00 feet; thence South 00 degrees 10 minutes 28 seconds West parallel with said West line of Section 19, 600.00 feet to the point of beginning in the Township of Bristol, Kendall County, Illinois. L' STATE OF ILLINOIS ) January 18, 1999 )SS COUNTY OF KENDALL ) 9910715 07/19/1999 03:30P 1 of 5 Paul Anderson, Kendall County, IL Recorder PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT ARTHUR SHERIDAN AND ASSOCIATES,LTD.. (DEVELOPER) and JAMES SPITZ, (OWNER) This Planned Unit lopment and Annexation Agreement(hereinafter"Agreement"), is made and entered into thi ay of , 19*, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, here' after referred to as "CITY" and JAMES SPITZ, hereinafter referred to as"OWNER"and ARTHUR SHERIDAN AND ASSOCIATES, LTD, or its Nominee, hereinafter referred to as "DEVELOPER", WITNESSETH WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit"A" attached hereto, consisting of approximately acres, more or less (hereinafter"PROPERTY"); and WHEREAS, it is the desire of OWNER/DEVELOPER to provide for the annexation of the subject real PROPERTY when there is De-Annexation from the City of Plano for the same; and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and it being agreed between the UNITED CITY OF YORKVILLE and the City of Plano pursuant to a boundary line agreement being negotiated between the parties that the subject parcel of real property should be developed in the UNITED CITY OF YORKVILLE; and WHEREAS,the De-Annexation from the City of Plano and the Annexation to the UNITED CITY OF YORKVILLE is not subject to the boundary agreement and will not be controlled by the boundary agreement, timing, execution process, or the agreement itself. WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and 1 i WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, the PROPERTY is situated in the incorporated area of the City of Plano, and a Petition for De-Annexation from the City of Plano has been filed by OWNER/DEVELOPER; and is contiguous to the incorporated territory of the CITY; and WHEREAS,it is the intent of OWNER/DEVELOPER to design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY the subject PROPERTY shall be placed in a B-3 Planned Unit Development (Service Business District) which shall include Special Use for Hotel and Motor Fueling Plaza, as set forth in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit `B"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, 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 had 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. 2 t J NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1. ANNEXATION. OWNER/DEVELOPER has filed with the Clerk of the CITY a duly executed petition pursuant to, and in accordance with the provisions of 65 ILC S 5/7-1-1 et seq. to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Plano, shall be Annexed to the UNITED CITY OF YORKVILLE. The parties to this Agreement acknowledge that the UNITED CITY OF YORKVILLE shall control access permitting for all driveway cuts or road cuts from the subject property onto the East side of Eldamain Road; and said control shall be provided for in the City of Plano De-Annexation Ordinance from the City of Plano and within the UNITED CITY OF YORKVILLE Annexation Ordinance. It is expressly understood that this Agreement,in its entirety,together with the aforesaid Petition for Annexation, shall be null,void and of no force and effect until OWNER/DEVELOPER has completed an actual De-Annexation of the subject real PROPERTY from the City of Plano. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel B-3 Planned Unit Development(Service Business District)with Special Use for Hotel and Motor Fueling Plaza. B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE,for a period of five(5)years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or,building codes, the same shall be applied to the subject property as duly passed by the UNITED CITY OF YORKVILLE. D. The parties to this Agreement acknowledge that in the development of the subject real property they shall apply for a liquor license for a sit-down restaurant and a package liquor license for a convenience store; which shall not be unreasonably withheld if the Applicants comply with all UNITED 3 CITY OF YORKVILLE Ordinances and State Law requirements. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit"C", which is attached hereto and incorporated herein by reference. Petitioner shall be responsible for any Annexation Fees and hook-up charges to the Yorkville-Bristol Sanitary District. Attached hereto as Exhibit"D"is a letter from the Yorkville-Bristol Sanitary District dated , confirming it has the available capacity and agrees to serve the subject PROPERTY with sanitary sewer service. 4. FEES. A. The CITY agrees to waive the Annexation Filing Fees. B. OWNER/DEVELOPER shall pay the cost of extending Sanitary Sewer and Water Main extensions to the subject site and all other off-site public improvements, from a point on the South side of Route 34 and West of Rob Roy Creek as agreed upon by the parties hereto, which shall be reimbursed by the CITY to the OWNER/DEVELOPER, as directed in writing by the OWNER/DEVELOPER, out of all gross sales tax receipts and/or the City portion of the real estate taxes generated by the subject parcel to the UNITED CITY OF YORKVILLE, if the CITY so elects, which are received by the CITY from business activity on the subject property or from the real estate taxes generated from said property as to Phase I of the Development, for a period not to exceed 10 years from the date of the commencement of business by the first entity operated on the subject site, until the amounts expended by OWNER/DEVELOPER are paid in full;whichever occurs first. In the event further Phases of said subdivision require similar public improvements that are not solely beneficial to the subject real property, the parties agree that OWNER/DEVELOPER shall be entitled to recapture the cost of said improvements in the same fashion as set out for Phase I improvements. C. Municipal Improvements: The parties agree that in the event municipal water and/or sanitary sewer lines are not available to connect onto within 250 feet of the subject real property, OWNER/DEVELOPER may elect to service the subject real property with well and septic systems which shall be subject to the permitting and inspection process of the Kendall County Health Department. 4 i 1. OWNER/DEVELOPER may elect to extend municipal water mains and/or sanitary sewer mains even if not as close as set out in the first paragraph of Section C of this Article,and if OWNER/DEVELOPER elects to do so, OWNER/DEVELOPER, or the party extending said utilities shall be permitted to recover the cost thereof by rebate against 100% of the CITY portion of sales tax generated from the subject parcel for an unlimited number of years from the first occupancy permit being issued for the first business opening in said development and approval of the certification of said funds by the City Administrator. The costs that OWNER shall be entitled to recover if doing his own portion of such improvements are specifically enumerated in the attached Exhibit `B" which is incorporated herein by reference. The specifically enumerated items for which OWNER/DEVELOPER shall be entitled to recover 100% of the actual final cost if this option is elected will be all items contained in Exhibit "E", excluding number 2 and 3 from said Exhibit, for period of 10 years from the first occupancy permit being issued for the first business in said development and approval of the certification of said funds by the City Administrator. 2. In the event Foxhill development or any developer therein has extended its water and sanitary sewer mains West of the creek during the period of time OWNEWDEVELOPER has begun operation with a well and septic OWNER/DEVELOPER shall commence work to extend the water and sanitary sewer mains to the subject development within one year of the date said improvements are extended West of the creek. 3. OWNER/DEVELOPER agrees that no hotel shall be occupied for business on the subject parcel until such time as it is connected to the City water and sanitary sewer system. 5. DONATIONS AND CONTRIBUTIONS. A. OWNER/DEVELOPER shall establish an Owner's and/or Tenant's Association for common areas, detention, and signage maintenance in the commercial area as designated in Exhibit "A"; at the time OWNER/DEVELOPER seeks approval of a Preliminary Plat of Subdivision for the subject PROPERTY. B. OWNER/DEVELOPER shall further consent to the creation of a back-up Special Tax Service Area for maintenance of common areas, detention, and 5 signage, by the UNITED CITY OF YORKVILLE. Those documents shall be prepared and tendered to OWNER/DEVELOPER prior to the time of approval of this Annexation Agreement for execution as to said consent. 6. SIGNAGE: The CITY agrees to allow the following signage to be used in the development in conformance with City Ordinances: A. One identification sign adjacent to Route 34, not exceeding 300 square feet. B. Individual building signs shall be permitted for the businesses located within the subject development in conformance with the UNITED CITY OF YORKVILLE's City Sign Ordinance. C. The OWNER/DEVELOPER shall be permitted to have directional signs directing traffic within said development in conformance with the UNITED CITY OF YORKVILLE's Sign Ordinance, or if the Sign Ordinance is silent on that point at the DEVELOPER's discretion. 7. OVERSIZING. In the event OWNER/DEVELOPER is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNEWDEVELOPER of any other parcel of real property connecting to said improvements, for OWNER/DEVELOPER's costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and including the service area effected. In the event any said oversizing is required, the CITY and OWNER/DEVELOPER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 6 8. RECAPTURE. The subject real property may be obligated to pay Recapture Costs owed as a result of hooking onto previously extended sanitary sewer and water mains of Fox Hill Development. Any said Recapture shall be allocated as per previous Agreements entered into between the CITY and Fox Hill Development. The requirement of payment of any Recaptures by OWNER/DEVELOPER shall be tendered by the CITY to them prior to execution and approval of this Agreement by the City Council. 9. LETTER OF CREDIT. The parties agree that in the event municipal improvements are being installed by the original OWNER or DEVELOPER no letter of credit or other security shall be required unless some portion or all of the real property not yet developed is conveyed to a third party. If a significant default in performance occurs by OWNER/DEVELOPER, the UNITED CITY OF YORKVILLE may refuse to issue Occupancy Permits until compliance has been made by OWNER/DEVELOPER. Upon the sale or transfer of any portion of the subject PROPERTY, the OWNER/DEVELOPER herein shall be released from the obligations secured by its letter of credit for public improvements upon the submittal and acceptance by the CITY of a substitute letter of credit or other surety approved by the CITY, securing the costs of the improvements set forth therein. 10. PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS The parties agree upon approval of this Agreement,the subject real property shall be zoned by Ordinance as B-3 Planned Unit Development (Service Business District). The subject property shall be developed and improved as Planned Unit Development under the following criteria: A. Site plans required to be submitted for landscape, site access onto Eldamain Road, and building location on the subject site prior to commencement of construction thereon. It is the intent of the parties that DEVELOPER of the subject parcel shall provide reasonable landscape screening on the area adjacent to Eldamain Road providing green area, low level shrubbery, and a low level undulating berm not exceeding the .20 opacity contiguous with Eldamain Road. The standards for the development of landscaping criteria on the subject property shall be in conformance with the attached Exhibit"F". B. DEVELOPER shall be permitted to have a hotel on-site which may have a roof not less than 37 feet, or the maximum height agreed to in writing by the Yorkville-Bristol Fire Protection District and approved by the City Engineer. 7 C. DEVELOPER shall comply with the UNITED CITY OF YORKVILLE Subdivision Control Ordinance. D. OWNER/DEVELOPER shall be permitted to operate any permitted use under the UNITED CITY OF YORKVILLE Ordinance in all"B" -Business Classification District, "O" - Office District, and "M-1" - Limited Manufacturing District which are set out in the attached Exhibit"G"that is used in relation to retail sales on subject site. 11. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 12. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 13. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction,by any action or proceeding at law or in equity,may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. 8 Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 111 W. Fox St., Ste. 3 Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER/DEVELOPER: Arthur Sheridan and Associates, Ltd., or its Nominee 100 Tower Dr. Burr Ridge, IL 60521 14. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 15. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and,to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the tern of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 16. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. 9 17. The CITY shall put forth its best effort as a joint applicant with the DEVELOPER regarding issues effecting surrounding roadway;whether they be Federal, State, County, Township, or City to gain approval for access (ingress and egress),widening, improvements, signalization, etc. as may be required. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNI CITY OF YORKVILLE By- MAYO Attest: 0� CITY CLERK OWNER: JAMES SPITZ <v DEVELOPER: ARTHUR SHERIDAN AND ASSOCIATES, LTD. > j Attest: PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 10 Exhibit"A" LEGAL DESCRIPTION That part of the West Half of Section 19, Township 37 North, Range 7 East of the Third Principal Meridian being described by commencing at the point of intersection of the North right of way line of U.S. Route #34 and the West line of said Section 19; thence South 84 degrees 36 minutes 32 seconds East along said North right of way line, 148.00 feet for the point of beginning; thence continuing South 84 degrees 36 minutes 32 seconds East along said North line, 360.32 feet; thence North 03 degrees 02 minutes 53 seconds East 317.64 feet; thence South 87 degrees 21 minutes 53 seconds East 404.14 feet to the old fence line representing an old Deed line; thence North 02 degrees 38 minutes 07 seconds East along said old fence line,2240.63 feet; thence North 84 degrees 40 minutes 09 seconds West, 1026.28 feet more or less to the West line of said Section 19; thence South 00 degrees 10 minutes 27 seconds West along said West line, 1984.48 feet to a point being located 600.00 feet Northerly of said North right of way line of US Route #34; thence South 84 degrees 36 minutes 32 seconds East parallel with said North right of way line, 148.00 feet; thence South 00 degrees 10 minutes 28 seconds West parallel with said West line of Section 19, 600.00 feet to the point of beginning in the Township of Bristol, Kendall County, Illinois. Exhibit "B" 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. 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 The United City of Yorkville — Street Map 1999 Exhibit "C" B p1 4 t m... o �0pM d�,�, ,cz� 6 i 34 34 C7 v.NA Youth Camp a� DuCIO Fox RI— �Rtr•r Chic CO—c" �y5c Of o00 OLFFa ij OUT Ot 26 N K op C. ty Fore PrN• • �' p \ C aRAvnte SCUM (N lFlf) t�-tron. ti 47 Exhibit"D" Letter from the Yorkville-Bristol Sanitary District accepting the Sheridan property being Annexed into their District as part of the Facility Plan Area. w 7-Jan-99 X Preliminary Cost Estimate W Sheridan Property Watermain Extension (Fox Hill Unit 1 to Site) In Fox Hill Along Eldamain Rd. To Sheridan Site (Unit 1 to Eldamain Road) (End of Fox Hill main to S. Side Rt.34) ( S. Side Rt.34 to Sheridan site) Item Unit Price Quantity Cost QuantitV Cost Quarij!ty Cost 16" DIP Watermain $70.00 1400 LF $98,000.00 900 LF $63,000.00 200 '-F $14,000.00 2 12" DIP Watermain $50.00 0 LF $0.00 0 LF $0.00 130 LF $6,500.00 3 16" Valve in Vault $2,000.00 3 EA $6,000.00 2 EA $4,000.00 1 EA $21000.00 4 12" Valve in Vault $1 ,700.00 0 EA $0.00 0 EA $0.00 1 E_A $1 ,700.00 5 Poly. Encasement $1.00 1400 LF $1,400.00 900 LF $900.00 330 i-F $330.00 6 Fittings $1 .50 2000 LB $3,000.00 1800 LB $2,700.00 1800 ;-B $2,700.00 7 Fire Hydrants $1 ,500.00 4 EA $6,000.00 4 EA $6,000.00 1 =A $1 ,500.00 8 Trench Backfill $20.00 300 CY $6,000.00 300 CY $6,000.00 200 t31Y $4,000.00 9 Creek Crossing $30,000.00 1 EA $30,000.00 0 EA $0.00 0 EA $0.00 10 Highway Crossing $50,000.00 0 EA $0.00 0 EA $0.00 1 .EA $50,000.00 11 Landscape Restoration $5,000.00 1 ACRE $5,000.00 0.5 ACRE $2,500.00 0.2 :ACRE $1 ,000.00 In Traffic Control $1.00 0 EA $0.00 3000 EA $3,000.00 5000 EA. $5,000.00 Sub-total: $155,400.00 $88,100.00 $88,730.00 Plus 15% contingency $23,310.00 $13,215.00 $13,309.50 Plus 15% engineering $23,310.00 $13,215.00 $13,309.50 Total: $202,020.00 $114,530.00 $115,349.00 Grand Total Cost: $431,899.00 7-Jan-99 Preliminary Cost Estimate Sheridan Property Sanitary Extension (Fox Hill Unit 1 to Site) In Fox Hill Along Rob Roy Creek To Sheridan Site (Unit 1 to lift station) (Lift station to S. Side Rt.34) ( S. Side Rt.:s4 to Sheridan site) Item Unit Price Quanti Cost Quanti Cost Quanti Cost 36" RCP Sanitary Sewe $100.00 0 LF $0.00 1300 LF $130,000.00 260 LF $26,000.00 2 8" PVC Sanitary Sewer $40.00 0 LF $0.00 0 LF $0.00 1225 LF $49,000.00 3 6" DIP Forcemain $35.00 700 LF $24,500.00 0 LF $0.00 0 LF $0.00 4 Lift Station $75,OQQ.00 1 EA $75,000.00 0 EA $0.00 0 EA $0.00 5 Sanitary Manhole $2,50Q.00 0 EA $0.00 4 EA $10,000.00 5 EA $12,500.00 6 Creek Crossing $25,000.00 1 EA $25,000.00 0 EA $0.00 0 EA $0.00 7 Highway Crossing $70,000.00 0 EA $0.00 0 EA $0.00 1 EA $70,000.00 8 Trench Backfill $2Q.00 100 CY $2,000.00 300 CY $6,000.00 200 CY $4,000.00 9 Landscape Restoration $5,000.00 1 ACRE $5,000.00 1.5 ACRE $7,500.00 1 AC; E. $51000.00 10 Traffic Control $1.00 0 EA $0.00 0 EA 0.00 5000 EA $5,000.00 Sub-total: $131,500.00 $153,500.00 $171 ,500.00 Plus 15% contingency $19,725.00 $23,025.00 $25,725.00 Plus 15% engineering $19,725.00 $23,025.00 $25,725.00 Total: $170,950.00 $199,550.00 $222,950.00 Grand Total Cost: $593,450.00 i 1 I 1 1 � � , I I I 1 I led I ' i j / i 1 / / 1 1 1 - /% / / / 1 / e // / // / / // / i/ 1 /' ,/ el le I ' / / le / � 1 130 LF 12' Watermai 1 A t e /� 1 1 t !/ / / / 1 1 1 t 1 '/' 1225 LF 8' Sanitary Sewer US ROUTE 34 1 t 1 1 , . � It ; A�, 1 I I 1 1 1 I I 1550 LF 36* Sanitary Sewe i % It SSE - 1 "=500' I II 1 I 1-- 2500 LF 16" Watermai 1 I , 1 _ 1 / / 1 I % I 1 I 1 Exhibit'T' DEVELOPER shall provide landscape plans for approval,which comply with the following criteria: 1. Rt. 34 Frontage a. 30'wide landscape setback b. 3' undulating berm along Rt. 34 as measured from the nearest pavement surface of public street 2. Eldamain Rd. Frontage a. 30' wide landscape setback b. 3' undulating berm along Eldamain as measured from the nearest pavement surface of public street 3. Adjacent to existing commercial property a. 20' wide landscape setback (7 trees) b. 1 shade tree per 1001.f. of property line 4. East property line* a. 30' wide landscape setback b. 1 evergreen tree per 201.f. of property line (double row) (42 evergreens) C. 3' undulating berm as measured from the property line 5. Interior Landscaping a. 1 shade tree per 15 parking spaces (35 trees) 6. Plant Material Size a. Shade trees shall be 3" cal. at time of planting b. Evergreen trees shall be a minimum of 8' at time of planting Exhibit "G" 10-713-1 10-713-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE B. B-1 LIMITED BUSINESS DISTRICT SECTION: 10-713-1: Uses Permitted 10-713-2: Special Uses 10-713-3: Lot Area 10-713-4: Yard Areas 10-713-5: Lot Coverage 10-713-6: Maximum Building Height 10-713-7: Off-Street Parking and Loading 10-713-1 : USES PERMITTED: Antique sales. Bakery - retail. Barber shop. Beauty shop. Book store. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar, cigarette and tobacco store. Clothes - pressing and repair. City of Yorkville r 10-713-1 10-713-1 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. Medical clinic. Mortuary - funeral home. City of Yorkville 10-713-1 10-713-4 Nursery - daycare. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restau rant. Shoe and hat repair. Substation. Swimming pool - indoor. Tennis club - private or daily fee. Trailer. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-713-2: SPECIAL USES: All special uses permitted in O District. Liquor store. Tavern - night club. (Ord. 1973-56A, 3-28-74; amd. Ord. 1978-10, 9-28-78) 10-713-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1973-56A, 3-28-74) 10-713-4: 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: City of Yorkville 10-7B-4 10-7B-7 A. Front Yard: A front yard of not less than thirty feet (30'). (Ord. 1973-56A, 3-28-74) 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, 1-9-86; 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 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 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 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, 3-28-74) 10-7B-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) 10-7B-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 10-7C-1 10-7C-1 CHAPTER 7 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-1 10-7C-3 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, 3-28-74; 1994 Code) 10-7C-2: SPECIAL USES: All special uses permitted in the B-1 District. Gasoline service station. Marina. (Ord. 1973-56A, 3-28-74) 10-7C-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) City of Yorkville 10-7C-4 10-7C-6 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, 3-28-74) 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 in a B-2 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 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 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 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, 3-28-74) 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, 3-28-74) City of Yorkville 10-7C-7 10-7C-7 10-7C-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) 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 10-7E-1 10-7E-1 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. Automobile sales and service. Garage-bus or truck. Motorcycle sales and service. Recreational vehicle sales and service. Truck sales and service. Utility company maintenance yard. Utility service yard or garage. (Ord. 1986-1, 1-9-86; 1994 Code) City of Yorkville 10-7E-2 10-7E-7 10-7E-2: SPECIAL USES: All uses permitted in the B-3 District. (1994 Code) 10-7E-3: LOT AREA: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-4: YARD AREAS: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-5: LOT COVERAGE: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-6: MAXIMUM BUILDING HEIGHT: Same as in the B-3 District. (Ord. 1986-1, 1-9-86) 10-7E-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1986-1, 1-9-86) City of Yorkville 10-7A-1 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. O 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: Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-74) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3-28-74) 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 Yard: 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, 3-28-74) 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, 3-28-74) 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, 3-28-74) 10-7A-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 10-8A-1 10-8A-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 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. 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 10-8A-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 W/O 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 10-8A-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