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Ordinance 1962-03 AN ORDINANCE AMENDING SECTION 6 OF THE ZONING ORDINANCE OF THE VILLAGE OF YORKVILLE, AS AYENDED, DECEMBER 14, 1961 Published by authority of the City Council December 2E, 1962. `a ty CJ _erk _j 1 AN ORDINANCE AMENDING SECTION 6 OF THE ZONING ORDINANCE OF THE VILLAGE OF YORKVILLE, AS AMENDED, DECEMBER lt., 1961 B City of the TVillage of Yorkville,yKendall Counthe Illinois : s • Section 1 - That, Section 6 of the Zoning Ordinance Of the Village of Yorkville, as amended December 14, 1961, is hereby further amended as follows : SECTION 6 - BUSI7ESS DISTRICT USES. Business Districts "in theCity of-Yorkville, are hereby divided into three classifications to be known as B-1 - Business District Limited; B-2 - Busine��s District - reneral Retail; and B-3 Business District - Wholesale and Miscellaneous. In Business District B-1 - Limited, the following uses may be established and are permitted: 1. Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor. 2. Art and school supply stores. 3. Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only. 4. Banks and financial institutions. 5. Barber shop, beauty parlor, chiropody, massage, or similar personal shop. 6. Book and stationery stores. 7. Meeting halls, lodge halls, fraternal organ- izations and clubs, provided they are located in a basement or above the first floor and above a business use permitted in this section, or said uses may be located on the ground floor when permitted business establishment occupies street frontage except for an entranceway to the rear use . 8. Candy and ice cream shops. 9. Camera and photographic supply shops fo - r:.,tail sale. 10. Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the Premises only. 11. Department stores. 12. Drug stores. 13. Dry goods stores . 2 - 14. Electrical appliance store and repair, but not including appliance assembly or manufacturing. 15. Florist shop and conservatory for retail trade on the premises obly. 16. Food and fruit stores. 17. Frozen food stores. 18. Furniture store, and upholstery, when conducted as part of the retail operations and secondary to the main use. 19. Furrier, when conducted for retail trade on the premises only. 20. Garden supplies and seed stores. 21. Gift shops. 22. Hardware shops. 23. Haberdashery. 24. Hobby stores. 25. Hotels, including dLning and meeting rooms, when business uses occupy the street frontage except for an entranceway to the hotel lobby. 26. Household appliance store. 27. Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the main use. 28. Jewelry store and watch repair. 29. Launderette and Laundromat. 30. Leather goods and luggage store. 31. Loan offices, when located above the first floor and above a business use permitted in this section. 32. Meat markets. 33. Musical instrument sales and repair, retail trade only. 34• News stand. 35. Notions store. 36. Offices, business and professional, inoliidl-ng medical clinics. 37 . Optician, optometrist. 38. Paint and wallpaper store. 39. Photography studio, including the developing of L - 3 - film and pictures when conducted as a part of the retail business on the premises . 40. Public utility collection offices. 41. Restaurant, tearoom, or cafe, when the establish- ment is not of the drive-in type where food is served to occupants remaining in motor vehicles . 42. ,Savings and loan associations. 43. Sewing machine sales and service. 44• Shoe store . 45. Sporting goods store. 46. Stationery store. 47. Tobacco shop. 48. Toy store. 49. Travel bureau and transportation ticket office. 50. Typewriter and adding machine sales and service. 51. variety store. 52. Wearing apparel shop. 53. Air conditioning and heating sales and service. 54• Antique shops . 55. Any other similar type retail store not spec- ifically listed herein, and which has the economic compatibility with the established uses on adjoining properties. Yard Areas . No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building: 1. Front Yard - No front yard shall be required when all frontage between two intersecting streets lies within this district. However, when lots within this district are adjacent to and adjoining lots in an "R" District, all of which front upon the same street between two intersecting streets, there shall be established the same front yard setback for all of the frontage as has been established in tLie "R" District. Exception: When existing buildings located in this district have already established a building line at the street line, or at a less depth than required above, then all new buildings may conform to the same building line, except for the first fifty feet of a B-1 District frontage adjacent to the "R" District, whereupon there shall be provided a front setback of not less than ten feet. 2. Side Yard : No side yard is required, except for a - 4 - corner lot whose rear lot line abuts upon an "R" District or upon an alley separating this District from an "R" District. There shall then be provided a side yard equal to one-half the front yard required in the abutting "R" District, but in no case, more than ten feet. The setback shall also apply if the business building fronts the intersecting street, commonly referred to as the side street. 3. Rear Yard: There shall be a rear yard of not less than twenty feet; provided, however, that a one-story accessory building may be located thereon, except for the five feet adjacent and parallel to the rear lot line or alley line, for the storage of motor vehicles and the loading and unloading of vehicles under roof. B-2 - BUSINESS DISTRICT - GENERAL RETAIL. In Business District B-2 - General Peta.il, the follow- ing uses may be established or expanded. 1. Any use permitted in the B-1 District. 2. Dwelling units, provided they are located above the first floor and above a permitted business use. Dwelling units shall not be permitted on the ground floor of business buildings or in the rear of business establishments on the ground floor. 3. Agricultural implement sales and services, when conducted wholly within an enclosed building. 4. Automobile sales and service, including incidental automobile body repair or painting of automobiles . 5. Automobile service stations. 6. Automobile washing, including the use of mechanical conveyors, blowers and steam-cleaning. 7 . Battery and tire service stations. 8. Beverage, non-alcoholic, bottling and distributing. 9. Blueprinting and photostating establishments . 10. Bicycle and motorcycle sales and repair. 11. Billiard and pool rooms, bowling alleys, dance halls and gymnasiums . 12. Boat showrooms. 13 . Building materials sales, when conducted wholly within a building. 1!{_. Catering establishments . 15. Contractors1 offices and shops, where no fab- ricating is done on the premises and where all storage of material is within a building. 16. Exterminating shop. t - 5 - 17. Feed and seed store, wholesale. 18. Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one-half ton capacity. 19. Glass cutting and glazing establishments. 20. Greenhouse, wholesale growers . 21. Household appliance repair shop. 22. Laboratories, commercial (medical, dental, research, experimental and testing) , provided no production or manufacturing of products takes place. 23. Locksmith. 24. Mirror and glazing shop. 25. Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles. 26. Parcel delivery station. 27. Pawn shop. 28. Pet shop. 29. Picture framing when conducted for retail trade on the premises only. 30 . plumbing showroom, heating and roofing supply shops. 31. Photograph developing and processing. 32. Printing, publishing and issuing of newspapers, periodicals, books, stationery anI other reading matter. 33. Recreation places, including bowling alley, dance hall, gymnasium, skating rink, archery range, golf practicing range, miniature golf course, or other similar places of amusement or entertaimmnet when operated for pecuniary profit, 34. Restaurants, drive-ins, car service. 35. Schools : music, dance, business, commercial or trade. 36 . Second-hand stores and rummage shops. 37 . Silver plating and repair shop. 38. Smoking and processing of meat products. 39. Taverns and liquor stores. 40. Theater, indoor. 41. Wholesale business, excluding a building, the principal use of which is for a storage warehouse. - 6 - 42. Auto accessory stores. 43- Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seventeen hundred and fifty pounds of dry goods per day, and when using carbon tetrachloride, perchlorethylene , or other similar non-inflammable solvents approved by the Fire Department. 44- Motels . 45. Telegraph offices. Yard Areas : The same regulations shall apply as required or permitted in the 11B-1" - Business District - Limited. B-3 - BUSI-NIESS DISTRICT - 1AFOLESALE ATTD MISCFI.TATTEOUS. In Business District B-3 - Wholesale and Yiscellaneous, the following uses may be established or expanded: 1. Kennels or animal hospitals . 2. Poultry and rabbit killing, for retail sale on premises only. 3. Body shops, including frame repairing and automobile and truck repairing, rebuilding and painting 4- Processing or assembly limited to the following, (provided that space occupied in a building does not exceed six thousand square feet of total floor and basement space, not including stairwells , or elevator shafts ; and provided such processing or assembly can be conducted without noise, zribration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings . When manufacturing operations of the same or similar products demand space exceeding six thousand square feet, they shall then be located in the Industrial District) : ( a) Advertising displays (b) Awnings, venetian blinds and window shades. ( c) Bakeries, wholesale . ( d) Body shops . ( e) Brushes and brooms . ( f) Cosmetics, drugs and perfumes. (g) Electrical equpment appliances . ( h)F,-)od pr_)cessing, packaging and d1stributipn. ( i) Jewelry. ( j) Medical an,9 dental supplies . (k) Optical gc.,Dds and equipment. ( 1)Pattern-mailing. (m) Products from finished materials such as plastic, bone cloth, cork, feathers, felt, fibre, paper, fur. , glass, hair, horn, leather, precious or setti-precious stone, rubber, shell or yarn, but no metals . (n)Scientific and precision instruments . 4- Public auction rooms. - 7 - 5. Riding academies. 6. Used passenger automobile sales ( used car lot) on an open lot or within a building. Yard areas : The same regulations shall apply as required or permitted in the "B-1" - Business District - Limited. The following uses are s pecifically prohibited in this B-3 - Business District, as well as in B-2 - Business District- and B-1 - Business District: 1. Fuel and building material yards . 2. Manufacture of concrete products . 3. Truck storage in the open and building or main- tenance equipment yards . 4. Auto wrecking. 5. Storage of junk or non-operatable autos. 6. Bulk storage 'of junk or non-operatable autos . 7. Bulk storage of petroleum products . 8. Grain elevators . 9. Heavy manufacturing. 10. Uses similar to the above . 11. Any use which emits dust, gas, fumes, smoke, odor or other wastes or is especially hazardous or causes noise or vibrations, to such an extent as to be detrimental to adjoining property or the occupants thereof. Section 2 - That, property in the United City of the Village of Yorkville, presently zoned for Business District Uses under Section 6 of the Zoning Ordinance of the Village of Yorkville, is hereby rezoned and reclassified as follows : B-1 - Business District - Limited: That property commonly described as the Northeast corner of Bridge Street (Route 47 ) and Somorauk Street, in the City of Yorkville, Illino!_s, being a part of I ene Southwest quarts of Section 28, Township 37 Worth, -tinge 7 East of the Third Principal Meridian, described as follows : Commencing at a point 130 feet North of the Northerly line of Somonauk Street on the Easterly line of Bridge Street (Route 47 ) ; thence at right angles to the East line of Bridge Street, Easterly 196 feet; thence Southerly at a right angle to the last referred to line to the 'Northerly line of Somonauk Street; thence IAlesterly along the Northerly line of Somonauk A,, ' - 8 - Street (196 feet more or less ) to the Easterly line of Bridge Street (Route 47 ) ; thence Northerly along the Easterly line of Bridge Street (Route 4 7) 130 feet to the point of beginning; and all of that part of Blocks 28 and 29 of the Original Village of Yorkville presently zoned Business, and Lot 8 of Block 1 of Black 's Addition to the Villa ge of Yorkville and that part of Lot 7 of Block 1 of Black 's Addition presently zoned Business, and all property South of Van Emmon Street and North of the Northerly line of Madison Street, extended Eastlerly to a point 160 feet West of the West line of Heustis Street, which is presently zoned Business. B-2 - Business District - General Retail: All of Lots 1, 2, 3, 4P 51 61 9, 109 11 and 12 of Block 1 of Black 's Addition to the Village of Yorkville and all of Lots 1, 2, 3, 4, 5 and 6 of Block 6 of Black's Addition to the Village of Yorkville and all property present- ly toned Business on both sides of Bridge Street, South of the Northerly line of Madison Street, extended Easterly to a point 160 feet ?Jest of the West line of Heustis Street, to the South City Limits, except Lots 1 and 2 of Johnson and Hughes Subdivision. B-3 - Business District - Wholesale and Miscellaneous : All of Lot 1 in Block 5 of Black's Addition to the Village of Yorkville and all of Lots 1, 2 and 3 in Block 7 of Black 's Addition to the Village of Yorkville and Lots 1 and 2 of Johnson and Hughes Subdivision. Section 3 - Should a Cou=-t of competent jurisdiction declare any part of this Ordinance invalid, such decision shall not affect the validity of the remainder. Section - This Ordinance shall not nullify more restrict- ive covenants, agreements, resolutions or other ordinannces . but shall control over those which are less restrictive. Section 5 - The provisions of this Ordinance and the I`istricts created by the Toning Plan may at any time be amended by ordinance after a duly advertised public hen.ring, in the manner prescribed by st to%e. A notice of the nearing shall also t o posted on the property. Section 6 - That, all Ordinances nr parts of Ordinances in conflict herewith be and the same are hereby amended insear as the same conflict, Section 7 - That, t",is Ordinance shall bA in Full force and effect upon it 's passage and publication as required by law. 9 - PASSED this 13th day of December, A. T. , 1962. CY ty Clerk r APPROVED this 13th day of December, A. D. , 1962. Mayor. PUBLISHED by authority of the Corporate Authorities this _20th day of December, A. D. , 1962. A y er TO: The City Clerk of the United City of the Village of Yorkville and Bristol City Hall Yorkville, Illinois The Zoning Board of Appeals of the United City of the Village of Yorkville and Bristol City Hall Yorkville, Illinois The President and Board of Trustees of the United City of the Village of Yorkville and Bristol City Hall Yorkville, Illinois The undersigned, constituting the owners of twenty per cent (20%) of the frontage immediately adjoining, or across the alley, or directly opposite, the frontage of the premises hereinafter described and proposed to be rezoned from Residential District classification to Apartment District classification or to Business District classification, hereby protest against any proposed amend- ment of the Zoning Ordinance of the United City of the Village of Yorkville and Bristol, its regulations and districts, as it may apply to the Borough of Bristol, and particularly and specifically make protest to the consideration by the Zoning Board of Appeals, or the Zoning Commission, or the City Council of the United City of the Village of Yorkville and Bristol, of an application of one Richard J. Sidlo and Ethel E. Sidlo to rezone from Residential District to Apartment District, or from Residential District to Business District classification, of the real estate described as follows: That part of the Southwest Quarter of Section 28, Township 37 North, Range 7 East of the 3rd Principal Meridian, described as follows: Commencing at the Northwest corner of the piece of land formerly known as Block 1 of Gale 's Second Addition to the Village of Bristol, Kendall County, Illinois, the same being at the intersection of the South- erly line of Park Street in said Village of Bristol with the Easterly line of Bridge Street (also known as Highway Route No. 47) ; thence Easterly along the Southerly line of Park Street S0 feet to the Northwest corner of land deeded to one Fred H. Schneider by Warranty Deed dated September 10, 1951, and recorded in Deed Record 110, at page 354; thence Southerly at right angles to said South line of Park Street along the West line of land so deeded to Schneider, 160 feet for the point and place of beginning; thence East- erly along said Schneider 's South line 16 feet; thence continuing Easterly parallel with the South line of Park Street 240 feet; thence Southerly at right angles to said last line 159 feet, more or less, to the Northerly line of Somonauk Street, (being the Southwest corner of the Lot known as the Bolster Homestead Lot) ; thence Westerly along the Northerly line of Somonauk Street to a point on said line which is 80 feet Easterly of the intersection of the 2 - Northerly line of Somonauk Street with the Easterly line of Bridge Street; thence Easterly in a straight line to the point and place of beginning, situated in the United City of the Village of Yorkville, Kendall County, Illinois. Also, that part described as that part of the Southwest Quarter of Section 28, Township 37 North, Range 7 East of the 3rd Principal Meridian, described as follows : Commenc- ing at a point on the North line of Somonauk Street in the Borough of Bristol (formerly Village of Bristol) which said point is 80 feet Easterly from the intersection of the Northerly line of Somonauk Street with the Easterly line of Bridge Street (also known as Highway Route No. 47) ; thence Westerly along the Northerly line of Somonauk Street 80 feet to the intersection of the Northerly line of Somonauk Street with the Easterly line of Bridge Street; thence Northerly along the Easterly line of Bridge Street 340 feet, more or less, to the intersection of the Easterly line of Bridge Street with the Southerly line of Park Street in said Borough of Bristol; thence Easterly along the Southerly line of Park Street 80 feet to the Northwest corner of land deeded to one Fred H. Schneider by Warranty Deed dated September 10, 1951, and recorded in Deed Record 110 on page 354; thence Southerly at right angles to said South line of Park Street to the place of beginning, situated in the United City of the Village of Yorkville, Kendall County, Illinois. Dated and executed in the United City of the Village of York- ville and the Village of Bristol, this l 15 day of October, 1961. Location of real Name Address estate owned - Y' . ;t �' ti E'4. g1 4� CO SL 2_ ct'c oz;e /�L' J/ ;, r - 3 - Name Address Location of real estate owned i 1. I A V� i- 4 l _.._ /'(:,/ �.-L""t"r�trC .�r"�--°t.✓` —_"i'tl\ .y ir�„I,y 1 ef..�.}.-� l�i.'�{`!_._� Name Address Location of real .ry estate owned / S� h , 4 nr r - 5 - Name Address Location of real -_estate owned i. ' l r1 /r 1 /' CIEl i � Name Address Location of real estate owned /Z 44 (-d I-e r STATE OF ILLINOIS SS, COUNTY OF ,,KE LL I,� - �/ ✓ iyc , a Notary Public in and for the County ant -State aftfesaid, do-/hereby certify that the persons who have signed the above and foregoing protest, and each and all of them, are personally known to me; that the signatures appearing thereon are the genuine signatures of the persons whose signatures they purport to be, and that each of the persons whose names are affixed to the above and foregoing protest appeared before me in person and severally acknowledged that they signed the said pro- test as their free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of ►-,1961. ..........L2 Notary Public