Ordinance 1961-011 ZONING ORDINANCE
(AN`ENDED)
An otdi nce amending a certain ordinance known as the
"Zoning Ordinance of the Village of Yorkville", as passed and
approved October 28, 1940, as mmended. February 7 , 1955.
BE IT ORDAINED BY THE CITY CCUr1CIL OF THE V\IITED CITY OF
YORKVILL E, KE?!DALL COUNTY, ILLINOIS :
That a certain Zoning Ordinance passed and ap proved btr the
President and Board of Trustees of the Village of YYorkville, October
28, 1940, as amended February 7 , 1955, Requiring Permits for Buildings,
Structures and Uses, Dividing the Village into Districts, Regulating
the Uses rermitted in Such Districts, Specifying Minimum Lot Sizes,
Setbacks and Side Yards, Providing for Appeals, and Imposing Penalties.
For the purpose of conserving the taxable value of land and
buildings, securing adequate light, pure air and safety from fire
and dither dangers, lessening or voiding congestion in the public
streets, and otherwise promoting the public health, safety, comfort,
morals and welfare, and pursuant to the statute relating to zoning
of municipalities, enacted by the General Assembly and approved
June 28, 1921, as amended, be and the same is hereby amended to read
as follows :
Section 1. Permits . Hereafter, in the City of Yorkville, a
written and signed permit showing conformance with this ordinance shall
be obtained from the City Clerk, with the approval of the City Council
before starting to erect, move or substantially remodel any building or
structure or part thereof and before expanding any old or establishing
any new trade, business, office, industrial, storage, f arming,residential
or other use either by itself or in addition to an existing use. The
application for permit shall be written and signed, and only those
permits allowable hereunder shall be issued. Permit and any other fees
shall be established by resolution of the City Council.
Section 2. Districts. For the purpose of this ordinance, which
shall be known and referred to as the Zoning Ordinance all land w ithin
the corporate limits of the City is hereby divided and classified into
the following districts, listed in order f rom the highest class to the ,
lowest class, and designated: Residence ; Apartment; Farming; Business,
and Industrial . The boundaries of such districts shall be shown on the
zoning plan, attached to and made a part of the Zoning Urdinance of
which this is an amendment, and the City Clerk is directed to make the
proper changes on the zoning map and plan now on file. Any land, whose
classification is not clearly shown on the zoning plan, and any sub-
division hereafter createdwithin the city limits, or any land hereafter
annexed to the city, shall be automatically classified as in the Residence
district, upon the acceptance of the plat by the City Council and until
such ti e as differently classified by amendment.
Section 3. Residence District Uses . In Residence districts tthe
only uses which may hereafter be established or expanded are : 1) One
and two family residences ; 2) Home occupations and professional offices
conducted in connection with residences by the occupants thereof and
in a manner incidental and not detrimental to residential property
3) One sign, not larger than three square feet in area, pertaining only
to the sale, lease or identification of the premises on which displayed;
4) Parking in the open of busses, automotive commercial vehicles and
freight trucks ; 5) Public and religious schools, but not private, voc-
ational, music or dancing schools; 6) Public libraries ; 7 ) Churches ;
8) Community centers; 9) Parks and playgrounds ; 10) Tilling the soil
in the open, but not operations causing; detrimental noise or water
pollution; 11) Golf courses ; 12) Railroads, but not yards or team tracks ;
13) Community water works . Specifically prohibited are : 1) Open storage
of building material and equipment except during actieVe construction
for permissible uses ; 2) Raising, of poultry, pigeons , livestock, and
fur bearing animals for sale or for the sale of products therefrom;
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3) TraiTer',camping, whi ��h is defined, as the use by structure for
living, sle! ping, busin%e s or storage purposes, havi no foundation%
other than eels, blocks, skids, jacks, horses or sk ting, which is,
has been, or • easonably can be equipped with wheels or, then dd.vices for
transporting the structure from place to place, and 4, Tourist cabins,
which are defined as one or more structures, designed or intended to be
used as temporary living facilities for one or more families, and intended
primarily and used for automobile transients .
Section 4. Apartment Districts Uses. In Apartment districts, the
only uses which may hereafter be established or expanded are those
permitted in Residence districts and in addition, the following:
1) Multi-family residence buildings, provided the lot area per family is
not leas than 2400 square feet on those lots served by either a community
sewer and water supply system meeting the State health standards, or, if
not so served, at least 7200 square feet per family, and provided further,
that multiple family residential use shall be restricted to a minimum
of 500 square feet of floor area for each family consisting of two
persons, 600 square feet of floor area for each family consisting of
three persons, and 100 additional square feet of floor area for each
additional member of each family, and each family residential unit shall
be equipped with its own private sanitary plumbing facilities for
bathing and disposal of human waste.
Section 5. Farming District Uses. In the farming districts the
only uses which may hereafter be established or expanded are those
permitted in the Residence districts and in addition the following:
1) Farming but not the feeding or disposal of garbage or food wastes ;
2) Raising of poultry, pigeons , dogs, bees, fur bearing animals and
livestock; 3) Mushroom farms; 4) greenhouses; 5) Nurseries, and
6) Mining of clay, gravel and stone with portable equipment ( sites
of fixed processing plants shall be classified industrial) ; 7 ) Incidental
retail sale of products from any of the above uses ; 8) Cemeteries ;
9) Riding stables; 10) Veterinary establishments ; 11) Municipal sewage
disposal plants ; 12) Municipal garbage incinerators ; 13) Picnic grounds
but not any regular business therein; 14) Community athletic fields ;
15) Public Institutions ; 16) Grain storage if not nearer than 510 feet
to any residence other than the owner or lessee of the site.
Section 6. Business District Uses . In the Business districts any
use may be established or expanded except: 1) Fuel and building material
yards ; 2) Manufacture or concrete products ; 3) Truck storage in the open
and building or maintenance equipment yards; 4) Auto wrecking; 5) Storage
of junk or non-operatable autos; 6) Bulk stora e of junk or non-operatable
autos; 7 ) Bulk storage of petroleum products ; 9) 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 7 . Industrial District Uses . In the Industri.aldistricts
any use may be established or expanded except : 1) Auto wrecking in the
open; 2) Junk storage in the open, and 3) Any use which highly pollutes
the air with ill-smelling or noxious wastes, such as glue factories,
tanneries, fertilizer manufacture, and dumping of garbage, dead animals
or slaughter house wastes.
Section 8. Incidental Uses . Unless otherwise prohibited or restricted
uses and buildings incidental to a permitted use are also permitted but
not before the construction or establishment of the permitted use and
only on the site or building plot thereof. Such incidental uses and
buildings shall be compatible with the character of the district in which
they are located.
Section 9. Minimum Size of Blot. Any use hereafter established or
expanded in Residence and E'arming districts in�7olving the disposal of
human wastes, if served by either a community sewer or water supply
system meeting State health standards, shall have and preserve a plot
or site at least 66 feet wide and 8,700 square feet in area, or, if not
so served, at least 132 feet wide and 17 ,400 square feet in area.
Excepted, however, is any smaller lot or parcel on rec d on1the .adoption
date of the kning Ordinance, of which this is an amen antSection . Minimum Setbacks . Every part of any aild.ing or
structure, or part thereof, hereafter erected or moved, shall be located
or setback from the front line of the plot at least the distance noted
on the zoning plan, but if none be noted, then 30 feet in residence,
apartment and farming districts, and no setback at all in business and
industrial districts . exceptions : a) No new or moved residence need set
back from an adjoining existing residence more than one foot for each
three feet of distance between such residences ; b) In the case of a lot
or parcel of land on record on the adoption date of the ?oning Ordinance,
of which this is an amendment, has less than 120 feet deep, the setback
need not be more than one-fourth the lot depth.
Section 11. ',-inimum Side Yard. Any building or structure or part
thereof, hereafter erected or moved in Residence, Apartment and 5arming
districts, and. any residence erected or moved in any district, shall be
provided with an open space or ,yard at least 10 feet wide along each
line of the building plot which forms the side ,yard of either the plot
used or the plot adjoining. Such yard or any now existing shall not be
diminished beyond the dimension required herein. Exceptions : a) On
a lot or parcel of land less than 66 feet wide, on record on th.e adoption
date of the Zoning 1rdinance, of which this is an amendment, each such
yard need not be wider than 15d� of the width of the lot or parcel;
b) Incidental or accessory buildings located more than 50 feet back or
required street setback lines need not be provided with such yards ;
c) Eaves, chimneys, bays and other ordinary building projections may
extend into such yard, but not more than 36 inches.
Section 12. Nonconforming Uses and ?31ild.ings . Any use, building
or structure lawfully existing or under construction on the adoption date
of the Zoning Ordinance, of which this is an amendment, or of a later
amendment, which does not conform to the provisions of said ordinance
or amendment, shall be known as non-conforming. Such a use, building
or structure may be(a) maintained, or(b) changed to a higher use, but
shall not be (c) changed to a. lower use, or(d) expanded, or(e) re-established
if discontinued for one year or more, or(f) rebuilt and continued if
destroyed or damaged to the extent of 50 percent or more.
Section 13 . Administration Enforcement and Penalties . The City
Clerk shall administer this ordinance, which shall include the making;
and keeping of a complete record of the nature and extent of each non-
conforming use and the keeping of all applicat ons Trade and copies of
permits issued. ` 'his ordinance shall be enforced by the several officers
of the city. In addition to the enforcement proceedings authorized in
the statute, any person, firm or corporation, or agents, employees or
contractors of such, who violate, disobey, omit, neglect, or refuse to
comply with or who resist enforcement of any of the provisions of this
ordinance shall be subject to a fine of not more than 100 dollars for
each offense, and each day a violation continues to exist shall con-
stitute a separate offense.
Section 14. Board of Appeals . Seven persons shall be appointed
by the 1!ayor by and with the consent of the City Council of the City of
Yorkville , to serve for the term. of seven years. Said members shall be
appointed for th.e terms : One for one year, one for two years, one for
three years, one for four years, one for Five .years , one for six ears ,
and one for seven years, the successor to each member so app
o to
serve for a term of five years . The function of the3oard of Appeals
shall be as prescribed by statute.
Variations . In the application of the strict letter of th.e regulations
of this ordinance, variations are hereby authorized, upon order of the
Board of Appeals, but only in a specific case where th-e Board of Appeals
determines that because of some peculiar condition of the property or
its environment (not the owner
racticalpdiffic� n
ltiesor particular hardship.
regulations , would result 1 p
As required by the following rules and provisions of the statute, any
such variation (1) shall be accompanied by a finding of fact specifying
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the*reasor�cfor the variation; namely, peculiar condiF ons and hardships,
( 2) shall in harmony with the general purpose and ' � �ytent of the
regulation question, ( 3) shall not reduce the lot ea, setback or
side yard mo e than 25%, (4) shall not materially inc'- ease traffic or
im air the public health, safety, morals, comfort and general welfare,
(7 shall be granted only after a duly advertised public hearing has
been held, notice of which shall be posted on the property, and shall
Lave concurring vote of at least four members of the Board of Appeals.
Within thirty days after the filing of any decision or variation
of the Board of Appeals in the office of the said Board, any person
or persons jointly or severally agree by such decision or variation
or any offenders, department, board or bureau of the county, may appeal
to a Court of Record, in the matter prescribed by statute.
Section 15. Validity. Should a court of competent jurisdiction
declare any part of this ordinance invalid, such decision shall not
affect the validity of the remainder.
Section 16. Other Restrictions . This ordinance shall not nullify
more restrictive covenants, agreements, resolutions or other ordinances,
but shall control over those which are less restrictive.
Section 17 . Amendments. The provisions of this ordinance and the
districts created by the Zoning Plan may at any time be amended by
ordinance after a duly advertised public hearing, in the manner
prescribed by statute. A notice of the hearing shall also be posted
on the property.
Section 18. Effective Date. This ordinance shall be in full force
and effect upon its due passage, approval and publication of posting
according to law.
Passed this 14th day of December, 1961.
J U.
City Clerk
(SEAL)
Signed and approved this ,,14th day of December, 1961.
• VVIINDMIX
Mayor