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Ordinance 1988-02 ORDINANCE NO. 1988- AN ORDINANCE SETTING FORTH AMENDMENTS TO THE ZONING ORDINANCE OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE WHEREAS, the United City of the Village of Yorkville is currently experiencing a substantial increase in real estate development; and WHEREAS, the United City of the Village of Yorkville is currently interested in providing for the public health, welfare and safety of its residents by providing adequate public utility services for water and disposal of sewage, and WHEREAS, the United City of the Village of Yorkville deems it to be in the best interest of the public health, safety and welfare of its citizens to provide for public utility services both to supply water and disposal of sewage; NOW, THEREFORE, IT IS HEREBY ENACTED THAT THE FOLLOWING AMENDMENTS ARE MADE TO THE SPECIFIED SECTIONS OF THE YORKVILLE ZONING ORDINANCE : SECTION 1 : That Section 6.01- One Family Residence District, Section BI, B2, and B3 is hereinafter amended to provide that the minimum square footage for lot size within an R-1 Residential District shall be I acre. SECTION 2 : That Section 6.02, R-2 - One Family Residence District, Section C Paragraph I is hereby amended to provide that a private well and/or private sewage treatment facility may be used to serve a lot containing a minimum of one acre within the City limits, and within the IZ mile planning limits of said City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council of the United City of the Village of Yorkville. The standards for approval of a special use permit shall be only upon : A. A showing by the Petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. B. That no sewer or water lines exist within 250 feet of the proposed development of Petitioner. C. That due to unique size, terrain, or character of the Petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. D. That the City is unable to provide capacity in its water or sewer mains; or the Petitioner is unable to secure sufficient capacity of the Yorkville Bristol Sanitary District Plant for disposal of sewage. SECTION 3: That Section 6.02, R-2 - One Family District, C-2 is hereby amended to provide: That no residential building lot platted after passage of this Ordinance shall be permitted under one acre within the City limits or within the IZ mile City planning boundaries to contain a private sewage treatment system or individual water supply system. Nothing contained herein shall prevent a private central water supply system to exist for an entire subdivision or a portion thereof. EFFECTIVE DATE OF THIS ORDINANCE: This ordinance shall become effective as to any subdivision for which no preliminary plat has yet been filed to approved on the date of passage and after due publication of said ordinance in a newspaper of general circulation as provided under Illinois -2- Statutes in such case made and provided. PASSED this day of January, 1988. MAYOR R� IY�► APPROVED : t'�iC v V A-A tjU4J CITY CLERK Daniel J . Kramer Attorney at Law 308 S. Bridge Yorkville, IL 60560 312-553-9500 Atty. Reg. No. 01522426 � so cir o United City of Yorkville 9 EST. 1836 County Seat of Kendall County 800 Game Farm Road ��- to Yorkville, Illinois 60560 p 4 p Phone:630-553-4350 Fax:630-553-7575 v LE December 11, 2002 Robert Pilmer,Attorney P.O. Box 367 Yorkville, IL 60560 RE: 415 Walnut Street—Ord.#1988-2 Dear Attorney Pilmer: The City policy for residential water connection when the property owner has a well system is when the well becomes inoperable then the property will be required to connect to city water. Therefore, for the address of 415 Walnut with the special use under ordinance 1988-2 in regards to when will a water connection be required will be the same as city policy when their well becomes inoperable then they will be required to connect to city water. Any questions regarding this matter please contact my office at 630-553-8529 or our City Attorney Daniel Kramer at 630-553-9500. Sincerely, � 1 Anton L. Graff City Administrator Cc: Attorney Daniel Kramer Mayor Arthur Prochaska Ordinance File 1988-2