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Economic Development Packet 2014 10-09-14 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, October 9, 2014 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: September 2, 2014 New Business: 1. EDC 2014-34 Building Permit Report for August 2014 2. EDC 2014-35 Building Inspection Report for August 2014 3. EDC 2014-36 Property Maintenance Inspection Update 4. EDC 2014-37 Beekeeping Ordinance – Repeal of 1000’ Rule 5. EDC 2014-38 Downtown Overlay District Old Business: 1. EDC 2014-29 Zoning Ordinance Update Additional Business: 2014/2015 City Council Goals – Economic Development Committee Goal Priority Staff “Downtown Planning and Development” 2 Bart Olson & Krysti Barksdale-Noble “South Side Economic Development” 2 Bart Olson & Krysti Barksdale-Noble “Comprehensive Plan Update” 11 Krysti Barksdale-Noble “Fill Empty Commercial Storefronts” 19 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, October 9, 2014 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. September 2, 2014 □ Approved ________ □ As presented □ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2014-34 Building Permit Report for August 2014 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2014-35 Building Inspection Report for August 2014 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2014-36 Property Maintenance Inspection Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2014-37 Beekeeping Ordinance – Repeal of 1000’ Rule □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2014-38 Downtown Overlay District □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2014-29 Zoning Ordinance Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – September 2, 2014 EDC – October 9, 2014 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, September 2, 2014, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Ken Koch Alderman Diane Teeling Alderman Carlo Colosimo Alderman Joel Frieders Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble City Planner Chris Heinen Code Official Pete Ratos Other Guests: Clayton Marker, Marker Inc. Gary Neyer, Marker, Inc. The meeting was called to order by Chairman Ken Koch at 6:00pm. Citizen Comments None Previous Meeting Minutes August 5, 2014 Minutes approved as read on a voice vote. New Business 1. EDC 2014-31 Building Permit Report for July 2014 Mr. Ratos reported four B.U.I.L.D. permits, one single family attached and nine commercial permits and the remaining were miscellaneous. He said it appears people are re-investing in their homes at this time. 2. EDC 2014-32 Building Inspection Report for July 2014 Many inspections have been done for Pulte due to their fiscal year ending. Some re-inspections were also done for them due to changes in carpenter crews, according to Mr. Ratos. Page 2 of 3 3. EDC 2014-33 Heartland Meadows Final Plats – Units 1, 2 and 3 Ms. Barksdale-Noble said the Petitioner has been approved through the PUD process, for their 47-unit subdivision that has been rezoned to R-2. They have 8 years to complete the subdivision since it is a phased development. It is being presented to the Plan Commission on September 10 and then to City Council for final approval. Alderman Colosimo requested this come back to EDC before final approval. Mr. Clayton Marker commented that most likely the entire project will occur at one time. Additional landscaping was requested near the park and it was noted there will be two basins (existing one and new one) next to each other with a berm in between. Old Business: 1. EDC 2014-12 Incentives for Model/Spec Homes The EDC committee had previously requested staff to re-evaluate model home and spec home incentives and Mr. Heinen detailed the changes as follows: 1. The incentives are for builders only, the term 'developer' was removed 2. Cap on incentives at 30 permits for spec homes and 15 for model homes 3. Targeted to start January 1, 2015 4. Revised model home incentive to allow builders to only construct model homes on 5% of total lots acquired 5. Time frame was created when model homes homes can be sold without penalty 6. Incentives not in conjunction with B.U.I.L.D. Program. To further clarify, Mr. Heinen said for the spec homes incentive, one initial permit is issued to a builder upon proof of ownership of 10 lots in the development. After building and closing on 10 homes, the City would allow an additional spec home permit to be granted after an additional 10 houses are built in a given development. There is a cap of 30 permits throughout the city on these spec permits and are on a first come-first served basis. For the model homes, the builder can sell models without a penalty after closing on 95% of lots (minus models). The cap for models is 15 permits and are issued on a first come-first served basis. Alderman Colosimo discussed the term 'developer', the available incentives and if developers and builders should get the incentives. Mr. Olson said anyone who owes the City money or is in breach of any City documents, would not be eligible for an incentive. He or the City Attorney would determine if someone is eligible. Alderman Frieders asked if someone in litigation with City is incentive-eligible. Mr. Olson said it would be dependent on the situation. Ms. Barksdale-Noble said papers could be signed by the client to identify themselves as a developer or builder. Mr. Olson said a revised policy will be drafted and it will proceed to City Council. 2. EDC 2014-13 Building Code and Property Maintenance Standards Mr. Ratos said the EDC had previously requested amendments for the Building Code and Property Maintenance code. He detailed changes to the following categories: repair of accessory structures, repair of exterior structures, roofs and drainage, doors and windows. He added that the 2012 Energy Code is very strict. Page 3 of 3 Alderman Colosimo commented that the revisions will add more tools for enforcement. Alderman Frieders asked if a resident could contest a property maintenance issue. A citation could be issued and if it is an Energy Code violation, it could elevate to a State issue if not addressed. These changes will be amendments to the code and this item will move to the consent agenda. 3. PC 2014-30 Property Maintenance Inspection Update The downtown lumber yard has been re-cited for violations according to Mr. Ratos. Most other violators have sought building permits to rectify the issues. Permits can be pulled if no work is completed after a certain time. Additional Business: Chairman Koch presented the following additional business items...... The Wrigley property tax abatements have been voted on by the City and building is underway. Mr. Olson noted that the Library will be voting on this issue at their next meeting. Aurora Textiles has bought the old X-Pac building and will be moving operations there from a 100-year old building. This will result in 60 jobs transferring there and they have also joined the YEDC. Yorkville Christian High School will be located in an existing facility across from the cement plant on the south side of town and school will begin soon. They will have 10-20 students. A new chicken wings restaurant will open soon in the building where Big Easy was located. Mr. Ratos said they have work to complete on the grease trap and are working with YBSD and the City. The October EDC meeting will move to Thursday, October 9th since Alderman Frieders will be unavailable on the regular night. There was no further business and the meeting was adjourned at 6:35pm. Minutes respectfully submitted by Marlys Young Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #1 Tracking Number EDC 2014-34 Building Permit Report for August 2014 EDC – October 9, 2014 N/A N/A N/A Informational None All permits issued in August 2014. D. Weinert Community Development Name Department C: \ U s e r s \ l p i c k e r i n g \ A p p D a t a \ L o c a l \M i c r o s o f t \ W i n d o w s \ T e m p o r a r y I n te r n e t F i l e s \ C o n t e n t . O u t l o o k \ 10 X C N R M X \ B l d g P e r m i t R e p o r t A U G 2 0 14.doc Pr e p a r e d b y : D W e i n e r t UN I T E D C I T Y O F Y O R K V I L L E BU I L D I N G P E R M I T R E P O R T AU G U S T 2 0 1 4 TY P E S O F P E R M I T S Nu m b e r of Pe r m i t s I s s u e d SF D Si n g l e F a m i l y De t a c h e d B. U . I . L . D Si n g l e F a m i l y De t a c h e d Pr o g r a m B e g i n s 1/ 1 / 2 0 1 2 SF A Si n g l e F a m i l y At t a c h e d Mu l t i - Fa m i l y Ap a r t m e n t s Co n d o m i n i u m s Co m m e r c i a l In c l u d e s a l l P e r m i t s Is s u e d f o r C o m m e r c i a l Us e In d u s t r i a l Mi s c . Construction Cost Permit Fees Au g u s t 2 0 1 4 57 0 1 3 0 0 1 4 0 3 0 7,706,799.00 223,516.73 Ca l e n d a r Y e a r 20 1 4 40 9 6 4 4 0 0 7 1 0 2 8 8 19,216,222.00 782,410.99 Fi s c a l Y e a r 2 0 1 4 26 9 1 2 6 0 0 3 8 0 2 0 4 14,436,377.00 454,443.96 Au g u s t 2 0 1 3 59 3 4 0 0 1 0 0 4 2 2,465,389.00 96,581.04 Ca l e n d a r Y e a r 20 1 3 43 8 2 8 42 0 0 8 6 0 2 8 2 14,982,038.00 939,114.55 Fi s c a l Y e a r 2 0 1 3 27 4 1 5 22 0 0 4 2 0 1 9 5 8,482,947.00 473,725.17 Au g u s t 2 0 1 2 82 3 0 0 0 1 2 0 6 7 1,039,091.00 30,518.19 Ca l e n d a r Y e a r 20 1 2 42 1 2 3 2 4 0 0 7 8 0 2 9 6 13,045,875.00 589,881.25 Fi s c a l Y e a r 2 0 1 2 28 7 1 2 1 3 0 0 5 3 0 2 2 2 7,793,203.00 306,257.12 Au g u s t 2 0 1 1 49 2 0 0 1 1 0 3 6 792,370.00 23,227.84 Ca l e n d a r Y e a r 20 1 1 40 3 2 2 0 0 7 8 0 3 0 3 9,554,039.00 252,505.03 Fi s c a l Y e a r 2 0 1 1 27 4 1 6 0 0 5 3 0 2 0 5 8,108,121.00 177,897.35 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number EDC 2014-35 Building Inspection Report for August 2014 EDC – October 9, 2014 N/A N/A N/A Informational None All inspections scheduled in August 2014. D. Weinert Community Development Name Department DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ED _ _ _ _ _ 0 2 7 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 0 7 1 0 9 4 2 2 0 5 L A V E N D E R W A Y 6 8 0 8 / 1 4 / 2 0 1 4 ED _ _ _ _ _ 0 1 9 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 1 3 0 0 7 0 1 4 8 5 C R I M S O N L N 1 3 0 1 0 8 / 1 4 / 2 0 1 4 PR _ _ _ _ _ 0 0 8 - F I N F I N A L I N S P E C T I O N 2 0 13 0 3 9 0 1 9 8 C O M M E R C I A L D R 1 2 0 8 / 0 4 / 2 0 1 4 PR _ _ _ _ _ 0 0 9 - P L F P L U M B I N G - F I N A L 0 8 / 0 4 / 2 0 1 4 EE I _ _ _ _ _ 0 1 0 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 8 / 0 4 / 2 0 1 4 Co m m e n t s 1 : I N C O M P L E T E - T E M P W I T H E E I P U N C H L I S T ED _ _ _ _ _ 0 1 7 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 13 0 4 3 4 2 1 6 3 O L I V E L N 2 8 9 0 8 / 1 4 / 2 0 1 4 ED _ _ _ _ _ 0 1 7 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 1 3 0 5 1 9 2 3 9 2 A U T U M N C R E E K B L V D 2 6 3 0 8 / 1 4 / 2 0 1 4 ED _ _ _ _ _ 0 1 9 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 13 0 5 5 6 2 1 0 3 O L I V E L N 2 9 1 0 8 / 1 4 / 2 0 1 4 BC _ _ _ _ _ 0 1 5 - P W K P R I V A T E W A L K S 2 0 13 0 6 2 1 8 3 5 C A R L Y C T 3 8 0 8 / 0 5 / 2 0 1 4 BC _ _ _ _ _ 0 0 6 - G A R G A R A G E F L O O R 2 0 13 0 6 2 2 8 6 5 C A R L Y C T 3 5 0 8 / 0 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 7 - R F R R O U G H F R A M I N G 0 8 / 1 1 / 2 0 1 4 PR _ _ _ _ _ 0 0 8 - R E L R O U G H E L E C T R I C A L 0 8 / 1 1 / 2 0 1 4 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 8 / 1 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 0 - P L R P L U M B I N G - R O U G H 0 8 / 1 1 / 2 0 1 4 BC _ _ _ _ _ P M 0 1 1 - I N S I N S U L A T I O N 0 8 / 1 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 0 1 2 6 6 1 W I N D E T T R I D G E R D 8 0 0 8 / 0 8 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 1 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 1 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 8 / 1 9 / 2 0 1 4 PR _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 6 - B S M B A S E M E N T F L O O R 0 8 / 2 0 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 14 0 0 2 3 2 3 0 3 O L I V E L N 2 8 3 0 8 / 1 5 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 2 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 2 6 / 2 0 1 4 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _ _ _ _ _ 0 1 5 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 0 3 6 1 4 2 8 S L A T E C T 3 4 7 0 8 / 0 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 6 - P L R P L U M B I N G - R O U G H 0 8 / 0 1 / 2 0 1 4 PW K _ _ _ _ _ 0 1 7 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 8 / 0 1/ 2 0 1 4 PR _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 0 4 2 8 2 5 C A R L Y C T 3 9 0 8 / 0 6 / 2 0 1 4 PR _ _ _ _ _ 0 1 5 - P L F P L U M B I N G - F I N A L 0 8 / 0 6 / 2 0 1 4 PR _ _ _ _ _ 0 0 2 - P L U P L U M B I N G - U N D E R S L A B 2 0 14 0 0 4 3 3 6 7 W E S T W I N D D R 3 6 0 8 / 1 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 3 - R F R R O U G H F R A M I N G 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 4 - R E L R O U G H E L E C T R I C A L 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 5 - R M C R O U G H M E C H A N I C A L 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 6 - P L R P L U M B I N G - R O U G H 0 8 / 2 0 / 2 0 1 4 BC _ _ _ _ _ 0 0 7 - B S M B A S E M E N T F L O O R 0 8 / 1 9 / 2 0 1 4 PR _ _ _ _ _ 0 0 8 - G A R G A R A G E F L O O R 0 8 / 2 0 / 2 0 1 4 BC _ _ _ _ _ 0 0 9 - I N S I N S U L A T I O N 0 8 / 2 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 2 0 14 0 0 5 4 2 2 2 5 L A V E N D E R W A Y 6 9 0 8 / 2 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 5 - P L F P L U M B I N G - F I N A L 0 8 / 2 1 / 2 0 1 4 ED _ _ _ _ _ 0 1 6 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 8 / 2 1 / 2 0 1 4 Co m m e n t s 1 : P A R K W A Y T R E E O K T O T E M P BH _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 0 5 5 2 2 3 3 O L I V E L N 2 8 6 0 8 / 1 5 / 2 0 1 4 RE _ _ _ _ _ 0 1 5 - P L F P L U M B I N G - F I N A L 0 8 / 1 5 / 2 0 1 4 PR _ _ _ _ _ 0 1 6 - R E I R E I N S P E C T I O N 0 8 / 1 8 / 2 0 1 4 Co m m e n t s 1 : F I N A L P L U M B I N G PR _ _ _ _ _ 0 0 6 - R F R R O U G H F R A M I N G 2 0 1 4 0 0 7 7 5 0 4 C E N T E R P K W Y 6 1 0 8 / 1 2 / 2 0 1 4 BC _ _ _ _ _ 0 0 3 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 0 8 5 4 0 7 M C H U G H R D 0 8 / 1 1 / 2 0 1 4 Co m m e n t s 1 : P O O L & D E C K BC _ _ _ _ _ 0 1 3 - E P W E N G I N E E R I N G - P U B L I C W A L K 2 0 14 0 0 8 9 1 1 2 2 G R A C E D R 1 0 0 0 8 / 0 7 / 2 0 1 4 PR _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 0 8 / 2 2 / 2 0 1 4 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _ _ _ _ _ 0 1 5 - P L F P L U M B I N G - F I N A L 0 8 / 2 2 / 2 0 1 4 ED _ _ _ _ _ 0 1 6 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 8 / 2 5/ 2 0 1 4 BH _ _ _ _ _ 0 0 9 - R F R R O U G H F R A M I N G 2 0 14 0 1 0 5 1 1 2 5 C A R L Y D R 4 2 0 8 / 1 5 / 2 0 1 4 BH _ _ _ _ _ 0 1 0 - R E L R O U G H E L E C T R I C A L 0 8 / 1 5 / 2 0 1 4 BH _ _ _ _ _ 0 1 1 - R M C R O U G H M E C H A N I C A L 0 8 / 1 5 / 2 0 1 4 RE _ _ _ _ _ 0 1 2 - P L R P L U M B I N G - R O U G H 0 8 / 1 5 / 2 0 1 4 BC _ _ _ _ _ P M 0 1 3 - I N S I N S U L A T I O N 0 8 / 1 8/ 2 0 1 4 Co m m e n t s 1 : N O T R E A D Y BC _ _ _ _ _ 0 1 4 - I N S I N S U L A T I O N 0 8 / 1 9 / 2 0 1 4 BC _ _ _ _ _ 0 1 3 - E P W E N G I N E E R I N G - P U B L I C W A L K 2 0 1 4 0 1 2 4 1 3 3 7 D E E R P A T H D R 2 5 6 0 8 / 1 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 3 - E P W E N G I N E E R I N G - P U B L I C W A L K 2 0 14 0 1 3 3 2 3 2 4 O L I V E L N 2 8 0 0 8 / 1 3 / 2 0 1 4 PR _ _ _ _ _ 0 1 6 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 1 6 1 2 3 9 1 A U T U M N C R E E K B L V D 2 7 0 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 1 7 - P L R P L U M B I N G - R O U G H 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 1 2 - I N S I N S U L A T I O N 2 0 1 4 0 1 6 2 2 3 3 4 O L I V E L N 2 8 1 0 8 / 0 1 / 2 0 1 4 PR _ _ _ _ _ 0 1 3 - E P W E N G I N E E R I N G - P U B L I C W A L K 0 8 / 1 3 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - R F R R O U G H F R A M I N G 2 0 1 4 0 1 8 5 1 7 2 5 C O L U M B I N E C T 1 3 0 8 / 0 1 / 2 0 1 4 C o m m e n t s 1 : S U N R O O M P R _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 1 4 0 1 8 8 2 3 5 6 L A V E N D E R W A Y 9 5 0 8 / 0 4 / 2 0 1 4 B C _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 0 8 / 2 5 / 2 0 1 4 P R _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 2 1 2 7 7 1 W I N D E T T R I D G E R D 8 8 0 8 / 0 8 / 2 0 1 4 B C _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 1 5 / 2 0 1 4 P R _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 1 9 / 2 0 1 4 P R _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 8 / 2 0 / 2 0 1 4 P R _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 8 / 2 0 / 2 0 1 4 P R _ _ _ _ _ 0 0 6 - B S M B A S E M E N T F L O O R 0 8 / 2 0 / 2 0 1 4 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _ _ _ _ _ 0 0 8 - P L R P L U M B I N G - R O U G H 2 0 14 0 2 1 7 1 1 7 1 M I D N I G H T P L 2 7 1 0 8 / 0 4 / 2 0 1 4 Co m m e n t s 1 : A C PR _ _ _ _ _ 0 0 9 - R E L R O U G H E L E C T R I C A L 0 8 / 0 4 / 2 0 1 4 Co m m e n t s 1 : A C PR _ _ _ _ _ 0 1 0 - R F R R O U G H F R A M I N G 0 8 / 0 4 / 2 0 1 4 Co m m e n t s 1 : A C PR _ _ _ _ _ 0 1 1 - R M C R O U G H M E C H A N I C A L 0 8 / 0 4 / 2 0 1 4 Co m m e n t s 1 : A C PR _ _ _ _ _ 0 1 2 - R F R R O U G H F R A M I N G 0 8 / 0 6 / 2 0 1 4 Co m m e n t s 1 : R E I N S P E C T PR _ _ _ _ _ 0 1 3 - R M C R O U G H M E C H A N I C A L 0 8 / 0 6 / 2 0 1 4 Co m m e n t s 1 : R E I N S P E C T PR _ _ _ _ _ 0 1 4 - I N S I N S U L A T I O N 0 8 / 0 8 / 2 0 1 4 PR _ _ _ _ _ 0 1 5 - E P W E N G I N E E R I N G - P U B L I C W A L K 0 8 / 1 3 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 4 0 2 4 0 1 1 7 3 C O D Y C T 1 1 0 8 / 2 5 / 2 0 1 4 BC _ _ _ _ _ 0 0 3 - F I N F I N A L I N S P E C T I O N 2 0 14 0 2 6 0 1 3 5 2 C O R A L B E R R Y C T 1 1 3 0 8 / 2 6 / 2 0 1 4 Co m m e n t s 1 : D E C K RE _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 2 0 14 0 2 6 5 9 3 2 S C A R L Y C I R 1 0 1 0 8 / 1 4 / 2 0 1 4 BC _ _ _ _ _ 0 0 4 - B S M B A S E M E N T F L O O R 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ A M 0 0 2 - B K F B A C K F I L L 2 0 14 0 2 6 7 7 6 7 F I R C T 9 4 0 8 / 1 1 / 2 0 1 4 PR _ _ _ _ _ A M 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 2 7 / 2 0 1 4 PR _ _ _ _ _ 0 0 7 - R E L R O U G H E L E C T R I C A L 2 0 1 4 0 2 8 7 1 4 0 4 V I O L E T C T 3 7 2 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 0 8 - R F R R O U G H F R A M I N G 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 1 0 - P L R P L U M B I N G - R O U G H 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 14 0 2 9 5 1 1 5 1 M I D N I G H T P L 2 7 3 0 8 / 2 8 / 2 0 1 4 BC _ _ _ _ _ A M 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 2 9 9 6 1 1 G R E E N F I E L D T U R N 7 5 0 8 / 1 1 / 2 0 1 4 Co m m e n t s 1 : 1 U P S T A I R W I N D O W DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - BC _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 14 0 3 0 5 2 2 0 1 L A V E N D E R W A Y 6 6 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 7 - P L R P L U M B I N G - R O U G H 2 0 14 0 3 0 9 8 0 8 C A U L F I E L D P T 1 1 1 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 1 1 - S U M S U M P 0 8 / 2 9 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 14 0 3 1 0 5 0 3 S U T T O N S T 2 1 2 0 8 / 1 1 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 1 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 1 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 6 - G A R G A R A G E F L O O R 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 6 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 1 2 1 5 1 1 C R I M S O N L N 0 8 / 0 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 7 - P L F P L U M B I N G - F I N A L 0 8 / 0 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 7 - S U M S U M P 2 0 14 0 3 1 9 4 8 9 W I N D E T T R I D G E R D 6 6 0 8 / 2 1 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 14 0 3 2 5 1 9 8 1 W E S T O N A V E 4 8 0 8 / 1 1 / 2 0 1 4 RE _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 2 0 14 0 3 2 7 8 4 5 C A R L Y C T 3 7 0 8 / 1 4 / 2 0 1 4 B C _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 8 / 2 0 / 2 0 1 4 P R _ _ _ _ _ 0 0 3 - B K F B A C K F I L L 2 0 14 0 3 2 8 9 2 2 S C A R L Y C I R 1 0 0 0 8 / 0 5 / 2 0 1 4 P R _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 8 / 2 6 / 2 0 1 4 B C _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 8 / 2 8 / 2 0 1 4 P R _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 3 0 2 0 3 W A L S H C I R 4 5 0 8 / 0 1 / 2 0 1 4 C o m m e n t s 1 : A B O V E G R O U N D P O O L B C _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 14 0 3 3 1 3 5 4 T W I N L E A F T R 6 7 0 8 / 2 1 / 2 0 1 4 B C _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 14 0 3 3 6 4 2 1 E L M S T 0 8 / 0 8 / 2 0 1 4 C o m m e n t s 1 : W I N D O W S B C _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 4 0 3 3 9 4 2 0 E L M S T 3 2 0 8 / 1 9 / 2 0 1 4 B C _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 14 0 3 4 3 2 7 1 0 G O L D E N R O D D R 2 4 5 0 8 / 1 4 / 2 0 1 4 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 4 0 3 4 7 2 6 8 3 B U R R S T 8 9 0 8 / 1 9 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 4 8 1 1 1 P A R K S T 1 2 0 8 / 1 4 / 2 0 1 4 Co m m e n t s 1 : R O O F BC _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 14 0 3 5 2 2 3 8 6 L A V E N D E R W A Y 9 2 0 8 / 2 0 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 14 0 3 5 4 2 5 3 1 A L A N D A L E L N 1 2 3 0 8 / 2 2 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - R F R R O U G H F R A M I N G 2 0 1 4 0 3 5 5 3 0 1 G A R D E N C I R C L E 1 0 0 8 / 0 7 / 2 0 1 4 Co m m e n t s 1 : D E C K BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 8 / 1 9 / 2 0 1 4 Co m m e n t s 1 : D E C K BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 5 7 4 0 0 4 S H O E G E R C T 0 8 / 0 6 / 2 0 1 4 Co m m e n t s 1 : W I N D O W S BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 5 8 7 0 1 E M A I N S T 0 8 / 0 5 / 2 0 1 4 Co m m e n t s 1 : W I N D O W S PR _ _ _ _ _ 0 0 1 - R F R R O U G H F R A M I N G 2 0 14 0 3 5 9 4 0 6 H E U S T I S S T 0 8 / 0 5 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 1 4 0 3 6 4 2 5 5 1 A L A N D A L E L N 1 2 2 0 8 / 0 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 4 0 3 7 1 2 3 8 4 A U T U M N C R E E K B L V D 2 6 0 0 8 / 2 9/ 2 0 1 4 C o m m e n t s 1 : C A N C E L P E R L E S L I E P R _ _ _ _ _ 0 0 2 - S U M S U M P 0 8 / 2 9/ 2 0 1 4 C o m m e n t s 1 : C A N C E L P R _ _ _ _ _ 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 4 0 3 7 2 9 5 1 S C A R L Y C I R 9 3 0 8 / 0 7 / 2 0 1 4 P R _ _ _ _ _ 0 0 2 - F T G F O O T I N G 0 8 / 1 1 / 2 0 1 4 P R _ _ _ _ _ 0 0 3 - B K F B A C K F I L L 0 8 / 1 9 / 2 0 1 4 P R _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 0 8 / 2 6 / 2 0 1 4 P R _ _ _ _ _ 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 4 0 3 7 3 8 0 5 C A R L Y C T 4 0 0 8 / 1 8 / 2 0 1 4 B C _ _ _ _ _ 0 0 2 - F T G F O O T I N G 0 8 / 1 8 / 2 0 1 4 B C _ _ _ _ _ 0 0 3 - B K F B A C K F I L L 0 8 / 2 7 / 2 0 1 4 B C _ _ _ _ _ 0 0 4 - R E I R E I N S P E C T I O N 0 8 / 2 8 / 2 0 1 4 C o m m e n t s 1 : B A C K F I L L DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _ _ _ _ _ 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 4 0 3 7 4 8 6 5 P U R C E L L S T 7 3 0 8 / 0 7 / 2 0 1 4 PR _ _ _ _ _ 0 0 2 - F T G F O O T I N G 0 8 / 1 1 / 2 0 1 4 BC _ _ _ _ _ 0 0 3 - B K F B A C K F I L L 0 8 / 2 0 / 2 0 1 4 BC _ _ _ _ _ 0 0 4 - R E I R E I N S P E C T I O N 0 8 / 2 0 / 2 0 1 4 Co m m e n t s 1 : B A C K F I L L PR _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 14 0 3 8 0 1 2 1 2 E V E R G R E E N L N 1 5 2 0 8 / 2 8 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 14 0 3 8 1 2 0 8 W M A I N S T 4 0 8 / 1 1 / 2 0 1 4 BC _ _ _ _ _ A M 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 14 0 3 8 8 1 4 0 6 J O H N S T 5 1 0 8 / 1 2 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 4 0 3 8 9 8 2 5 C A R L Y C T 3 9 0 8 / 2 6 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 14 0 3 9 0 8 2 5 C A R L Y C T 3 9 0 8 / 2 8 / 2 0 1 4 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 3 9 2 6 2 1 W I N D E T T R I D G E R D 7 6 0 8 / 2 0 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 2 9 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 3 9 5 4 1 7 E L M S T 2 7 0 8 / 2 7 / 2 0 1 4 Co m m e n t s 1 : W I N D O W S BC _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 14 0 3 9 7 1 5 4 4 S T O N E R I D G E C T 6 1 0 8 / 2 7 / 2 0 1 4 Co m m e n t s 1 : D O O R BC 1 1 : 0 0 0 0 1 - F T G F O O T I N G 2 0 14 0 3 9 8 1 4 5 4 V I O L E T C T 3 6 8 0 8 / 1 5 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 2 5 / 2 0 1 4 PR _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 2 6 / 2 0 1 4 PR _ _ _ _ _ 0 0 4 - S U M S U M P 0 8 / 2 9 / 2 0 1 4 P R _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 14 0 3 9 9 1 4 2 7 S L A T E C T 3 3 8 0 8 / 2 8 / 2 0 1 4 B C _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 2 0 14 0 4 0 0 1 1 2 1 M I D N I G H T P L 2 7 6 0 8 / 2 5 / 2 0 1 4 P R _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 8 / 2 9/ 2 0 1 4 C o m m e n t s 1 : C A N C E L P E R L E S L I E B C _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 4 0 4 0 1 2 2 9 3 O L I V E L N 2 8 4 0 8 / 1 2 / 2 0 1 4 B C _ _ _ _ _ 0 0 1 - P H P O S T H O L E S / P I L E S 2 0 1 4 0 4 0 4 2 9 7 1 G R A N D E T R A I L 3 8 9 0 8 / 1 3 / 2 0 1 4 C o m m e n t s 1 : P E R G O L A P O S T S DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 8 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 8 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 8 / 2 1 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 4 1 0 5 9 1 W I N D E T T R I D G E R D 7 3 0 8 / 2 6 / 2 0 1 4 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 8 / 2 9 / 2 0 1 4 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 4 0 4 1 6 1 9 9 1 M E A D O W L A R K C T 1 1 3 0 8 / 2 9 / 2 0 1 4 P R _ _ _ _ _ 0 0 1 - O C C O C C U P A N C Y I N S P E C T I O N 2 0 14 0 4 2 0 1 3 3 E V A N E M M O N S T 0 8 / 2 2 / 2 0 1 4 B C _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 14 0 4 3 4 6 0 9 H E U S T I S S T 5 0 8 / 2 9 / 2 0 1 4 B C _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 4 3 9 1 4 0 4 A S P E N L N 8 1 0 8 / 2 8 / 2 0 1 4 C o m m e n t s 1 : R O O F DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 9 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 9 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - PE R M I T T Y P E S U M M A R Y : A D D A D D I T I O N 1 A G P A B O V E - G R O U N D P O O L 2 B I P B U I L D I N C E N T I V E P R O G R A M S F D 1 1 0 B S M B A S E M E N T R E M O D E L 2 C C O C O M M E R C I A L O C C U P A N C Y P E R M I T 1 C O M C O M M E R C I A L B U I L D I N G 4 D C K D E C K 9 D R V D R I V E W A Y 1 F N C F E N C E 1 0 M I S M I S C E L L A N E O U S 1 P T O P A T I O / P A V E R S 5 R O F R O O F I N G 2 S D W S I D E W A L K 1 S F D S I N G L E - F A M I L Y D E T A C H E D 8 W I N W I N D O W R E P L A C E M E N T 5 IN S P E C T I O N S U M M A R Y : B K F B A C K F I L L 1 3 B S M B A S E M E N T F L O O R 7 E F L E N G I N E E R I N G - F I N A L I N S P E C T I O N 9 E P W E N G I N E E R I N G - P U B L I C W A L K 5 E S W E N G I N E E R I N G - S E W E R / W A T E R 1 1 F I N F I N A L I N S P E C T I O N 2 2 F T G F O O T I N G 1 2 G A R G A R A G E F L O O R 5 I N S I N S U L A T I O N 6 O C C O C C U P A N C Y I N S P E C T I O N 1 P H P O S T H O L E S / P I L E S 1 P H D P O S T H O L E - D E C K 4 P H F P O S T H O L E - F E N C E 9 P L F P L U M B I N G - F I N A L 6 P L R P L U M B I N G - R O U G H 8 P L U P L U M B I N G - U N D E R S L A B 8 P P S P R E - P O U R , S L A B O N G R A D E 5 P W K P R I V A T E W A L K S 1 R E I R E I N S P E C T I O N 3 R E L R O U G H E L E C T R I C A L 5 R F R R O U G H F R A M I N G 1 1 R M C R O U G H M E C H A N I C A L 6 S U M S U M P 4 IN S P E C T O R S U M M A R Y : B C B O B C R E A D E U R 5 8 B H B R I A N H O L D I M A N 4 E D E R I C D H U S E 7 E E I E N G I N E E R I N G E N T E R P R I S E S 1 P R P E T E R R A T O S 8 7 P W K P U B L I C W O R K S 1 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 0 DA T E : 0 9 / 3 0 / 2 0 1 4 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 0 TI M E : 0 9 : 5 5 : 3 1 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 8 / 0 1 / 2 0 1 4 T O 0 8 / 3 1 / 2 0 1 4 IN S P E C T O R S C HE D . C O M P . TI M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E DATE -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - R E R A N D Y E R I C K S O N 4 ST A T U S S U M M A R Y : A B C 1 C B C 1 8 C E D 6 C E E I 1 C P R 1 4 I B C 3 8 I B H 3 I P R 5 3 I R E 3 T B C 1 T B H 1 T E D 1 T P R 2 0 T P W K 1 T R E 1 RE P O R T S U M M A R Y : 1 6 2 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #3 Tracking Number EDC 2014-36 Property Maintenance Inspection Update EDC/October 9, 2014 Informational Item None Pete Ratos Community Development Name Department Property Maintenance Report September 2014 Adjudication: 16 Cases heard in September Case Number Offense Location Offense Outcome 9/03/2014 N 2203 2896 McLellan Blvd 4-1-5 Weeds Dismissed complaint pre-hearing N 2204 2976 Old Glory Dr 4-1-5 Weeds Dismissed complaint pre-hearing N 2205 2920 Cryder Way 4-1-5 Weeds Dismissed complaint pre-hearing N 2206 2261 Cryder Way 4-1-5 Weeds Dismissed complaint pre-hearing N 2207 2262 Cryder Way 4-1-5 Weeds Dismissed complaint pre-hearing 9/17/2014 N 2208 Lot 301 Whispering Meadows 4-1-5 Weeds Dismissed complaint pre-hearing N 2209 E Center & Liberty 4-1-5 Weeds Liable $100/day = $3,700 N 2210 207 W Van Emmon St 4-1-5 Weeds Dismissed complaint pre-hearing N 2276 206 Heustis St Protective Treatment Liable = $350 N 2277 206 Heustis St Motor Vehicle on prop. Liable = $750 N 2278 206 Heustis St 4-1-5 Weeds Liable $150/day = $5,550 N 2279 206 Heustis St Signs prohibited Liable $350 N 2280 206 Heustis St Property Mnt Address Liable $100 N 3103 1155 N Bridge St Noise Ordinance Liable $75 N 3255 207 W Van Emmon St Open Burning Not liable 9/24/2014 N 2281 704 N Bridge St Motor Vehicle on prop Liable $250 September Postings for Weed Ordinance 4-1-5: Posted 38 properties ( See attached) September Formal Complaints 4 Formal complaints receied in September 2014-09-001 Bristol Bay, Marquette 4-1-5 Weeds Posted 2 2014-09-002 Dolph St 2014-34 Bees Violation letters sent 2014-09-003 2144 Muirfield 2014-34 Bees Violation letter sent 2014-09-004 Westbury 4-1-5 & Dumping Inspected 9-29-2014 Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Nobel, Lisa Pickering Date: October 2, 2014 Subject: September Property Maintenance Have a question or comment about this agenda item? Call us Monday-Friday, 800am to 4 30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http//www.yorkville.il.us/govofficials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See memorandum. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #4 Tracking Number EDC 2014-37 Beekeeping - 1000’ Buffer EDC/October 9, 2014 Discussion on the 1000’ buffer requirement. Chris Heinen, Planner Community Development Name Department As you will recall, at the August EDC meeting staff had prepared a new ordinance that would permit residential bee-keeping as an allowable accessory use on certain residentially zoned single-family lots. The ordinance also made provisions for setbacks, separations and fly-way barriers, the permitting process and inspection of the bee colonies, and required notification of adjacent neighbors prior to the installation of the hives. This ordinance was approved by the City Council at their August 12th meeting as Ordinance No. 2014-34 (see attached). Since that time, the City has received a total of four complaints. The City has also received two Residential Apiary permit applications for beekeeping. The first permit application was received on September 5, 2014 from the owner located at 508 W. Dolph Street. After reviewing the application and supporting documents, the permit was approved on September 9, 2014. We received the second Residential Apiary permit on September 8, 2014 from the owner located at 507 W. Dolph Street. After reviewing the site plan and permit application submitted, staff denied this permit based on the ordinance requirement that, “No license shall be issued no closer than 1,000 feet of any existing license.” Memorandum To: Economic Development Committee From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: September 26, 2014 Subject: Beekeeping – 1000 Foot Requirement 1 Chris Heinen From:KATHY MATZKE Sent:Monday, September 15, 2014 11:08 AM To:Chris Heinen Cc:Krysti Barksdale-Noble; Dee Weinert; Peter Ratos; Robert Creadeur Subject:Re: Permit #2014-0463 Follow Up Flag:Follow up Flag Status:Completed Hi Chris, It appears my permit was denied based on the 1000 foot requirement. With all respect, I feel the wording of this requirement is vague and has numerous loopholes. It appears I would be allowed to keep 2 hives on my property, but 2 individual hives on separate properties are not allowed. There does not appear to be any logic to this. Many beekeepers in the area have as many as 4-5 hives in a single location. I have been meticulous in following Yorkville's regulations. My hive is well maintained and in a location that poses no threat to anyone. I am registered with the IL Dept. of agriculture. My neighbors are all aware that I have a hive in my backyard, and have expressed interest and enthusiasm. Rachel Davis and I attended beekeeping classes together. We work together to keep our bees, and we are both knowledgeable and fully capable of maintaining our hives with no risk to anyone. I would respectfully ask you to reconsider my application. Thank you, Kathy Matzke On Wednesday, September 10, 2014 4:21 PM, Chris Heinen <cheinen@yorkville.il.us> wrote: Good afternoon Kathy. We have reviewed your application for an Apiary permit submitted on September 8, 2014. After reviewing the application, staff will be denying this permit based on the recently adopted Ordinance 2014-34. The regulations set forth in this ordinance were reviewed by the Economic Development Committee and subsequently passed by City Council. Please review the attached memo and should you have any questions or comments, please feel free to contact me. Thanks. Chris Heinen Planner United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Direct: (630) 553-8574 Fax: (630) 553-3436 www.yorkville.il.us 1 Chris Heinen From:Rachel Davis Sent:Wednesday, September 10, 2014 9:34 PM To:Chris Heinen Subject:Apiary Ordinance Hi Chris, My name is Rachel Davis and we spoke on the phone last week. I wanted to say "thank you" for approving my permit for my one apiary on my property. I was hoping to speak with you in person regarding some concerns I have when I was at City Hall on Monday but you were out of the office until today. My friend Kathy Matzke also applied for a permit but she informed me that her permit was denied based on the "1000 feet rule." I feel that there are several issues and loop holes with this rule. First of all, it does not state in which direction the 1000 feet has to be between the two properties. It also makes no sense that a property with less than 1 acre of land can have 2 hives but you are not supposed to have even 1 hive 1000 feet from another. I would like to state that Kathy and I share each others properties and since each of us only has one hive, maybe we only need the one permit. I have also spoken with other bee keepers in the area, even one bee keeper whom makes bee keeping his living and has over 100 hives in the surrounding area, and everyone is an agreement that the "1000 feet rule" does not make any logical sense in the world of bee keeping. Kathy and I would like to resolve this issue as soon as possible. Thank you for your time, Rachel Davis Sent from my iPad Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #5 Tracking Number EDC 2014-38 Downtown Overlay District EDC/October 9, 2014 None Discussion and feedback. Discussion of creation of a downtown overlay district. Krysti J. Barksdale-Noble, AICP Community Development Name Department Background/Summary As the Economic Development Committee will recall, several months ago staff was asked to research and develop regulations for establishing an overlay district to address aesthetic and design standards solely for development within the downtown area. Typical components of such overlay districts which strive to preserve and enhance qualities of scale and historic character or architecture of a city’s downtown consist of façade design restrictions, minimum required, landscaping, approved street furniture placement and coordinated signage plans. Additionally, other options for immediate impact to the non-architectural components (garbage/debris, weeds, graffiti, etc.) of a properties’ appearance within the downtown can also be addressed through beautification standards. Downtown Overlay District Unlike the City’s current Appearance Code as part of the Building Regulations (Ord. No. 2005-51) which has broad provisions with regards to building materials and relationship of buildings on a site, an overlay district is much more detailed in the regulation of the structures outer composition (window placements, number and combination of materials, proportion and scale of architectural elements, etc..). Further, an overlay district is enforceable and generally applies to not only future development but existing buildings within downtown, dissimilar to the current Architectural Design Guidelines adopted by the City in 2005 which are not codified and does not apply to individual lots which predated the ordinance. While the regulations of a Downtown Overlay District are typically found in the Zoning Ordinance, these districts are usually supported by the creation of a Downtown Business District formed with members from the areas property owners and merchants. However, some communities also establish a separate board or committee to review renovations and construction plans of properties within the downtown to ensure they met the standards of the district. Staff has provided the attached examples of Downtown Overlay District regulations from various communities. As you can see the criteria and standards imposed by these district ranges considerably, but are very detailed. Additionally, it is common for communities to prepare the foundation of an overlay district as part of a broader municipal plan, such as a Comprehensive Plan update. Downtown/Neighborhood Beautification Standards As mentioned previously, another option for immediate impact to the non-architectural components of a properties appearance within a designated area can be achieved through beautification standards. These standards are above and beyond the basic property maintenance codes which apply city-wide and are in place to only ensure the integrity of a building or structure. Certain components of a beautification program can include more strict regulation of litter/trash and debris; tree removal on private property; graffiti removal; landscape maintenance and garbage containers. The enforcement of these and similar property maintenance violations can be Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: October 2, 2014 Subject: Downtown Overlay District quicker and with stiffer penalties if located with the downtown or designated neighbor area where the beautification standards apply. Staff has attached a few examples of beautification standards from other communities as a reference. Note, some strictly address property maintenance issues while others incorporate aesthetic/architectural design elements as well. While Code Enforcement will be a key component in identifying those properties that are in violation, it may also be best to couple this approach with the establishment of a downtown or neighborhood business district to have the local “buy-in” of increased beautification standards and possibly assist in funding the improvements. Staff Comments/Recommendation Based upon staff’s research it is our long term recommendation to partner with the Comprehensive Plan Update consultant, the Lakota Group, in the creation of a Downtown Overlay District to define the physical boundaries of the City’s “new” downtown area and establish design criteria which would best enhance and preserve the historic quality and architectural character of Yorkville. Especially since the designation of a subarea plan specific to the downtown is part of the scope of services requested in the Comprehensive Plan Update RFP and will be provided by the Lakota Group. This will create a cohesive overall look and feel to the downtown as it continues to redevelop parcel-by-parcel. However, in the short term, staff would like to move forward with establishing separate beautification criteria for the downtown which will create a higher standard for property maintenance and repair in this area. In doing so, we will still work in concert with the Lakota Group in defining the “downtown” so that we are consistent with our long term approach when implementing the design criteria. Staff is seeking concurrency from the EDC with our assessment to incorporate the creation of a downtown overlay district as part of the Comprehensive Plan Update, rather than as a standalone ordinance and the establishment of beautification standards for the downtown. Should the Economic Development Committee have any questions regarding this matter, staff will be available at Thursday night’s meeting to address any questions. PLAN FOR EAST PEORIA DOWNTOWN OVERLAY DISTRICT 2 PLAN FOR THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT I. DESCRIPTION OF THEME AND PURPOSE OF THE EAST PEORIA DOWNTOWN OVERLAY DISTRICT. The East Peoria Downtown Overlay District (the “Downtown Overlay District”) consists of the property legally described at “Attachment 1” and shown on the map at “Attachment 2”, both of which are appended hereto and incorporated herein by reference. The Downtown Overlay District is located within the “B-3, Business Service District” (the “B-3 District”) established under the zoning code of the City of East Peoria (the “Zoning Code”). The Downtown Overlay District established pursuant to this plan (the “Plan”) is intended not only to attract commercial, office and governmental facilities housed in modern retail and office buildings, some with residenti al facilities, but also to encourage a pedestrian friendly urban environment. The City has developed an East Peoria Downtown Streetscape Plan (the “Streetscape Plan”) showing the proposed streetscaping plan for the Downtown Overlay District which includes all public rights-of-way and all parking areas to be constructed within the area governed by this Plan. This Streetscape Plan sets forth the City’s goals for public areas within the Downtown Overlay District and adjoining areas. The Streetscape Plan will evolve over time as development occurs within the Downtown Overlay District. The most current version of the Streetscape Plan shall at all times be available in the City’s Department of Planning and Community Development. Achieving the various goals est ablished by this Plan will require the modification of some regulations typically applicable within the B -3 District. II. MODIFICATIONS TO ZONING REGULATIONS APPLICABLE WITHIN THE DOWNTOWN OVERLAY DISTRICT Certain standards and regulations which are ge nerally applicable in the B-3 District along with other more generally applicable provisions of the Zoning Code are modified within the Downtown Overlay District, but only to the extent hereinafter set forth: 1. RESIDENTIAL USES. The Zoning Code at 5-9-4 provides that residential facilities having more than 25 dwelling units are allowed as a special use in the B -3 District. The Zoning Code does not authorize the establishment of any residential use in the B -3 District other than facilities having more than 25 dwelling units. In order to encourage a broader range of residential uses, the following alternate regulations shall apply within the Downtown Overlay District. a. Residential dwelling units may be established as a permitted use within the Downtown Overlay District, but only under the following conditions: (1) such dwelling units are on the second, third or fourth floor of a structure where the first floor is devoted to a retail or office use lawfully established within the B -3 District; and (2) the structure containing such dwelling units fronts on the streets identified at Attachment 3 as “West Washington Street” or “Richland Street”; and (3) the structure containing such dwelling units does not exceed four stories in height; and 3 (4) dwelling units shall not be located on the same floor of a building as non -residential uses. No dwelling unit on a floor containing only residential uses may be converted to a non residential use unless all dwelling units on such floor are simultaneousl y converted to code compliant non -residential uses. No space on a floor containing any non-residential use may be converted into a dwelling unit unless all space on that floor is simultaneously converted into code compliant dwelling units. b. Other residential facilities of any nature may be established within the Downtown Overlay District as a special use in accordance with the procedures prescribed by the Zoning Code. 2. FRONT, SIDE, AND REAR YARD SETBACKS AND LOT COVERAGE. The Zoning Code at 5-9-4(d) provides for a front yard having a depth of not less than 50 feet, provides that every corner lot on which a building is constructed shall have a front yard on each adjoining street, requires side yards of not less than 5 feet and combined total side ya rds of not less than 15 feet and requires a rear yard set back of not less than 20 feet. Section 5 -9-4(d) also provides that not more than 40% of the area of a lot may be covered by buildings or structures. The standards established at Section 5-9-4(d) are modified within the Downtown Overlay District, but only to the following extent: a. Buildings fronting on West Washington Street, Commercial Drive, Edmund Street or Richland Street may be constructed with no front, side or rear yard setbacks . b. Buildings fronting on West Washington Street or Richland Street may cover up to 100% of the lot upon which such buildings are located. 3. WIDTH OF SIDEWALKS. Sidewalks on West Washington Street between its intersection with Richland Street and the roun dabout as shown on the Streetscape Plan along the pedestrian spine as shown on the Streetscape Plan shall have a width of 15 feet. All other sidewalks in the Downtown Overlay District shall have a minimum width of six feet. 4. PROJECTING AWNINGS AND CANOPIES. The Zoning Code does not authorize decorative awnings and canopies which project into the public right of way. With respect to buildings fronting on West Washington Street, decorative awnings and canopies for buildings placed on or near the front property line may project across the front property line into the public right of way subject to the following limitations: a. No such awning or canopy may project beyond the perpendicular plane established by the centerline of the adjoining sidewalk. b. Any such awning or canopy and the associated framing system shall be designed to resist deterioration due to weathering, to withstand applicable wind and snow loads and to prevent nesting or roosting by birds. c. No portion of any awning or canopy in cluding the underside thereof shall have unfinished framing or fasteners. 5. SIDEWALK DINING. Any restaurant fronting on West Washington Street or lying within 105 feet of the nearest right of way of West Washington Street may place tables and chairs on the sidewalk immediately adjoining the front of any portion of a building occupied by such restaurant subject to the following conditions: a. Only tables, chairs and other personal property which facilitates outdoor dining may be placed on the adjoining sidewalk. 4 b. Any dining facilities placed on a sidewalk shall be located between the centerline of the sidewalk running generally parallel with the front of the adjoining building and the front of the adjoining building. c. The proprietor of the restaurant may erect movable fences or other similar movable barriers having a height of not more than three feet surrounding the authorized dining area for the purpose of discouraging passing pedestrians from walking through the outdoor dining area. Any such fence or barrier shall have openings which provide convenient access to any doorways located within the adjoining building. d. All such outdoor dining areas shall be maintained in a clean and sanitary condition with unconsumed food removed promptly after the departure of the patrons to whom such food was served. The proprietor shall be responsible for the prompt removal of any litter or debris generated by or located within the outdoor dining area. e. All tables, chairs, fences and similar items placed on a sidewalk shall be composed of corrosion resistant materials which are maintained in an attractive condition. f. Sidewalk Dining facilities shall be established and maintained in accordance with a site plan approved by the Zoning Administrator of the City. 6. SCREENING AND LANDSCAPING. 5-4-11 of the City Code establishes screening and landscaping requirements which are applicable within the City. For buildings fronting on West Washington Street or Richland Street, the screening and landscaping requirements imposed by 5-4- 11 as modified by this Plan shall be adjusted with respect to any such buildings with reduced or nonexistent front, side and/or rear yards as authorized by Section 2 of this Plan or to accommodate such buildings which cover all or substantially all of the zoning lot on which the building is located. The Zoning Administrator shall during the process of reviewing the site plan for development of any zoning lot fronting on West Washington Street have the authority to proportionately r educe screening and landscaping requirements to the extent necessary to accommodate a structure with reduced front or side yard setbacks or substantial lot coverage. 7. MODIFICATIONS TO LANDSCAPING POINT SYSTEM. In order to encourage the establishment of sustainable and cost effective landscaping within the Downtown Overlay District, the City encourages the use of native or adaptive plants. In order to encourage a pedestrian friendly environment, the City also encourages the use of on site outdoor furni shings, art and other related appurtenances. Within the Downtown Overlay District, the screening and landscaping requirements established at Section 5-4-11 of the Zoning Code are modified as follows: a. Landscape Point System for Plants. Plants listed in the “Recommended Native / Adapted Plant Species List” hereinafter set forth will be given additional points over non - native species as listed in the table below. Native Species and certain non -native flowering perennials and grasses shall be assigned the following point values under section 5-4-11: Plant Classification Base Value Shade Tree (Native Species List) 24 points Intermediate Tree (Native Species List) 16 points Evergreen and Deciduous Shrubs (Native Species List) 4 points Flowering Perennials and Grasses (Non-Native Species) 1 point per 25 Sq. Ft.* 5 Flowering Perennials and Grasses (Native Species) 1 point per 10 Sq. Ft.* *To qualify for points based on square footage, perennials and grasses must be spaced at no more than ½ of the maximum spread as published in a reputable Nursery Catalog. b. Landscape Point System for On Site Outdoor Furnishings. Subject to the limitations herein set forth, on site outdoor furnishings are eligible for points that can be applied toward the site landscape point requirements. The values applicable to specific furnishings are listed in the table below: Furnishing Type Base Value Chair (Single) 8 points Chairs (Set of 2) 16 points Table w/ Chairs 20 points Bench 16 points (1) On site outdoor furnishings are not intended to replace plant material, but rather to compliment site landscaping. Points achieved from such furnishings may be used to replace a maximum of 20% of the landscape points required for each site area (i.e. 20% of Parking Lot Requirements and/or 20% of Front Yard Requirements.) (2) On site outdoor furnishings, fountains, sculpture, hardscape plazas and other amenities not listed in the above table may be awarded points at the discretion of the Zoning Administrator and shall be d etermined on a case by case basis. c. Front Yard Landscaping. The number of points required for landscaping of front yards shall be based on the overall length of the lot frontage as measured in feet along the property line divided by one and one half (1-1/2). For example, if the front yard lot frontage of a zoning lot is one hundred and sixty-five (165) feet in length, then the landscaping must generate one hundred and ten (110) points. Requirements for zoning lots with a front yard of reduced size as authorized by this plan will be modified on a case by case basis. d. Parking Lot Landscaping. The number of points required for parking lot landscaping shall be equal to one and one -half (1-1/2) times the required number of parking spaces. (1) The minimum unpaved area for planting all types of trees within parking lots shall not be less than one hundred and sixty (160) square feet per tree. Shade trees and intermediate trees shall not be planted in any area with a width of less than seven (7) feet (back of curb to back of curb). Evergreen trees shall not be planted in an area with a width of less than twelve (12) feet. Shrubs shall not be planted in areas with a width of less than four (4) feet. Measurements are back-of-curb to back- of-curb. The locations of parking lot landscaping will be subject to review and approval by the zoning administrator. e. Minimum Landscaping Requirements. 6 (1) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the shrub classification. (2) Not less than twenty-five (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the tree classification. (3) Not less than (25) percent of the points required for landscaping of front yards and parking lots shall be achieved by utilizing plants from the Perennials and/or Grasses classification. f. Recommended Native / Adapted Species List. Only plantings from this list are eligible for “Native Plant Points”. Additional native plant materials not on this list may or may not be eligible for “Native Plant” points. Determination of eligibility will be based on the specific plants suitability for use in a case by case bas is as determined by the Zoning Administrator. Preference will be given to species that are drought tolerant and winter hardy for this region. The goal of this species list is to encourage the congruency of the plant palette throughout the Downtown Overlay District. Additionally, the use of native adapted plantings is intended to reduce maintenance and provide healthier plant material. Use of propagated cultivars of the species below is encouraged to provide the best quality plant material. Shade Trees/Intermediate Trees: American Hornbeam (Carpinus caroliniana) American Plum (Prunus americana) Bald Cyprus (Taxodium distichum) Black Tupelo (Nyssa sylvatica) Birch species Cockspur Hawthorn (Crataegus mollis) Downy Serviceberry (Amelanchier arborea) Shadblow Serviceberry (Amelanchier canadensis) Eastern Redbud (Cercis canadensis) Eastern White Pine (Pinus strobus) Hackberry (Celtis occidentalis) Honeylocust (Gleditsia tricanthos var. inermis) Hophornbeam (Ostrya virginiana) Juniperius virginiana (Red Cedar) Linden (Tilia americana) Kentucky Coffee Tree* (Gymnocladus dioicus) Maple species Oak species Ohio Buckeye* (Aesculus glabra) Witchhazel (Hamamelis virginiana) *Male plants only (non-fruiting) Shrubs: American Hazelnut (Corylus americana) Burning Bush (Euonymous alatus) Buttonbush (Cephalanthus occidentalis) Common Juniper (Juniperus communis) Common Ninebark (Physocarpus opulifolia) 7 Common Winterberry (Ilex verticulata) Cornus species Mock Orange (Philadelphus pubescens) Red Twig Dogwood (Cornus serice a) Rhus species Shubby Cinquefoil (Potentilla fruiticosa/Dasiphora fruiticosa) Silky Dogwood (Cornus amomum) Viburnum species Virginia Sweetspire (Itea virginiana) Flowering Perennials: Aster species Baptisia species Bee Balm (Mondarda didyma) Blazing Star (Liatris spicata) Bluestar (Amsonia tabernaemontana) Butterfly Weed (Asclepias tuberosa) Coreopsis species Dwarf Bush Honeysuckle (Diervilla lonicera) Echinacea species Iris species Joe-Pye Weed (Eupatorium sp) Cardinal Flower (Lobelia cardinalis) Leucanthemum species Gayfeather (Liatris spicata) Lirope species Phlox species Rudbeckia species Russian Sage (Pervoskia atriplicifolia) Sage (Salvia nemorosa) Sedum species Grasses: Feather Reed Grass (Calamagrostis acutiflora) Carex Species Northern Sea Oats (Chasmanthium latifolium) Blue Fescue (Fesuca glauca) Bloodgrass (Impeata cylidrica) Miscanthus species Panicum species Pennisetum species Big Bluestem (Andropogon gerardii) Little Bluestem (Schizachyrium scoparium) Indian Grass (Sorghastrum nutans) Prairie Dropseed (Sporobolus heterolepis) 8. PARKING REGULATIONS. Title 5, Chapter 7 of the Zoning Code regulates the number and placement of off street parking facilities. With respect to parcels fronting on West Washington Street, on street parking spaces located immediately adjacent to the zoning lot occupied by such building may be counted for purposes of determining compliance with minimum parking requirements for non-residential uses established on such parcels. All parking requirements for retail uses in the Downtown shall be 4 spaces per 1,000 square feet of building space. Commercial uses fronting on West Washington or lying within 105 feet of the nearest right of way of West Washington Street shall not be required to provide off -street parking facilities should their total 8 square footage be less than 10,000 square feet. Dwelling units established as a permitted use on the second, third or fourth floor of a building as authorized by paragraph 1(a) of this plan shall be provided with dedicated on site parking spaces in sufficient number to comply with the requirements of the Zoning Code. All other uses shall comply with the parking requirements imposed by the Zoning Code. 9. ACCOMODATION OF BICYCLES. Bicycle racks capable of accommodating two bicycles for each 300 lineal feet of building frontage shall be provided, located and properly maintained in convenient proximity to all commercial facilities. Owners and occupants of individual commercial facilities having less than 300 lineal feet of buildi ng frontage may work cooperatively with other similarly situated owners and occupants to provide the required density of bicycle racks. In lieu of this standard, owners and occupants may provide bicycle racks in accordance with standards established by the U.S. Green Building Councils Leadership in Energy and Environmental Design (“LEED”) Program. 10. ACCOMODATION OF ELECTRIC VEHICLES. The placement of charging stations for electrically powered vehicles shall be considered. 11. ENERGY EFFICIENCY AND ENVIRONMENTAL DESIGN ENCOURAGED. Efforts and projects that further the goals of energy efficiency and environmental design are encouraged. Reasonable modifications, adjustments or waivers of the standards set forth in this Plan and in the Zoning Code shall be considered if necessary to meet standards established by the LEED Program or the Energy Star Program. 9 ATTACHMENT 1 LEGAL DESCRIPTION OF DOWNTOWN OVERLAY DISTRICT Part of East Half of Section 32, Township 26 North, Range 4 West of the Third Princi pal Meridian, Tazewell County, Illinois. Including: All of Technology Park Subdivision (Recorded in Plat Book “CCC” Pages 24 and 25 at the Tazewell County Recorder’s Office). (Parcels 1-6 as shown on Exhibit B) Also: That part of former Peoria & Pekin Union Railway Company right of way bounded by Technology Park Subdivision, Farm Creek, the east line of the Northeast Quarter of Section 32, Town Center II (Recorded in Plat Book “GG” Page 71 at the Tazewell County Recorder’s Office) and Washington Street. (Parcel 7 as shown on Exhibit B) Also: Part of Lot 1 of the Subdivision of Lot 11 of C. Balance’s Elk Park (As Recorded in Book “D” Page 48), except that part of Lot 6 of Technology Park Subdivision. (Parcels 8-14 as shown on Exhibit B) Also: Lots 1-4 and Lots 7-14 of Brown and Bourland Subdivision (Recorded in Plat Book “D” Page 76 at the Tazewell County Recorder’s Office), being a subdivision of Lots 10 and 11 of C. Ballance’s Elk Park Subdivision (Recorded in Plat Book “A” Page 42 at the Tazewell County Recorder’s Office) (Parcels 16-18 and 28-36 as shown on Exhibit B) Also: Lots: 1-6, 51- 57, 68 and part of Lots 7, 8, 58 - 62 and 115 in Richland Farms Subdivision (Recorded in Plat Book “F” Page 50 at the Tazewell County Recorder’s Office) (Parcels 37-58 as shown on Exhibit B) Also: Lots 1-8 of Millard and Dennis Addition (Recorded in Plat Book “E” Page 42 at the Tazewell County Recorder’s Office), being a subdivision of Lot 5 of Brown and Bourland Subdivision (Recorded in Plat Book “D” Page 76 at the Tazewell County Recorder’s Office), and Lot 11 of C. Ballance’s Elk Park Subdivision (Recorded in Plat Book “A” Page 42 at the Tazewell County Recorder’s Office) (Parcels 15 and 19-23 as shown on Exhibit B) Also: Commencing at a point on the easterly right of way line of Center Street where the same intersects the south line of Lot 11 in Elk Park Subdivision (recorded in Plat Book “A“, page 42 at the Tazewell County Recorder’s Office), as the Point of Beginning; thence in an easterly direction along said south line of Lot 11, a distance of 140 feet, more or less; thence in a southerly direction, to the south line of Lot 26 in Cummings Plat for Taxation (recorded in Plat Book “I”, Page 23 at the Tazewell County Recorder’s Office); thence in a westerly dire ction, 10 along said south line of Lot 26, to said easterly right of way line of Center Street; thence in a northerly direction, along said easterly right of way line, to the Point of Beginning. (Parcels 24 -27 as shown on Exhibit B) Also: The easterly 150 feet of Lot 126. (Parcel 59 as shown on Exhibit B) Also: The alleys and streets lying within the expansion area as shown on Attachment 2. 11 12 ATTACHMENT 3 - STREETSCAPE PLAN FOR DOWNTOWN OVERLAY DISTRICT March 2001 ~~~~ "''''''"'''-'-"00,--•.,."..';'-='~~ PURPOSE AND INTENT The Clarendon Hills Downtown Design Review Guidelines are intended to promote the vitality and econom ic health of the downtown by maintaining and enhancing its physical. appearance.Design guidelines are an important means of building the economic prosperity of the downtown.Since,like most other suburban communities,the downtown is no longer the sole center for the Village's retailing and service needs,it must be able to compete with other areas in the Village and surroundingcommunities that also offer such services.This can bemost effectively done by conserving and creating a high quality environment,with an inviting image, that has its own unique sense of place. Design review is a process intended to ensure that new development,redevelopment,and remodeling enhances the visual quality and identity of downtown Clarendon Hills.It establishes architectural principles and design standards for new construction that respects the traditions of the past,avoiding adherence to a rigid style,and promotes sensitive rehabilitation of older buildings.The goal is to build an attractive,recognizable downtown district with an appeal i ng atmosphere that reflects harmony and continuity in building design and streetscape improvements.The objective is to create a downtown that is pedestrian-friend Iy,fosters civic pride and ownership,promotes a sense of place specific to Clarendon Hills,and offers a feeling of security.Good design increases property values when these goals are achieved. The concept ofdevelopment review is not new in Clarendon Hills.Existing building and zoning codes regu late the use of property and set standards for building height,setback,and parking.Design review,however,works to ensure that new construction,and changes to existing buildings in the downtown,are compatible with the character of the community. Through design review,citizens (an work together with builders,developers,and property owners to protect identified community values Downtown Design Review Guidelines Village of Clarendon Hills,l/Iinois through attention to simple design principles.In order to identify such community values,a Image Preference Survey was employed allowing members of the C1aren<;Jon Hills community,to jointly determine the characteristics of developments that they found most acceptable. The graphics and images used in both the Image Preference Survey and this document were collectively gathered by members of the community,the Economic Development Committee,the Village Board,Zoning Board of Appeals /Plan Commission,Chamber of Commerce Members,Beautification Committee, and the Consultant.Participants were given cameras and asked to take photographs of downtown design elements and features,either within or outside of Clarendon Hills,that they liked ordisliked.The resultant photographs were then given to the Consultant who arranged them into a series of slides depicting different types of building design and related environments,both within and outside of Clarendon Hills.These images were then shown to the group,who then rated them individually on a sliding scale of "Strongly Dislike"to "Strongly Like."Ratings were totaled to determine which types of development were most acceptable and unacceptable to all participants. The guidelines that follow reflect the design elements and downtown development characteristics that citizens of Clarendon Hills have determined to reflect the physical quality that should be encouraged and discouraged. Page lof 19 DESIGN REVIEW GUIDELINES The Design Review Guidelines described herein are intended as tools for communicating the design intent for future development and evaluating proposals.The overall goal is to ensure quality development that employs sound planning design principles. The purpose of such guidelines is not to dictate a specific development plan for the properties located in downtown Clarendon Hi Il.s,but rather establ ish a set of standards and identify elements of building design that should be encouraged in the downtown. The guidelines promote a unique district by encouraging sensitive modifications to existing buildings and compatible design of new construction that enhances the context of downtown.Changes to buildings that are considered architecturally and/or historically significant should emphasize original design features which are integrated and enhanced in any restoration,remodel or rehabilitation work.Modifications to all other existing structures should address the same design criteria listed in this document for new construction which are intended to promote harmony and continuity throughout the downtown. The successful implementation of these guidelines will reinforce the downtown's unique image as a distinct and inviting place to live,work,shop,and gather,which offers a unique appeal not found in other commercial areas ofthe Village. The Downtown Design Review Guidelines are arranged to address the following: •Architectural Style and Details •Elements of Building Design •Project Relationship to the Site •In-Fill Development •New Developments •Renovation Projects •Signage •Lighting •Awning/Canopies •Color Palette •Open Space and Landscapi ng •Access and Circulation Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page 20f 19 Arched entries with columns and pediments over the door were viewed as favorable design elements. Gabled roofs,cornice lines,and framed doors and display windows were rated as desirable downtown elements. Archways and classical detailing were design features viewed as desirable for the downtown. ARCHITECTURAL STYLE AND DETAILS: •Downtown Clarendon Hills has had numerous projects completed that have been contributing to the overall style and character of the downtown.The quality of construction in such buildings as the Village Hall,the Clarendon Hills Bank,the Starbucks/State Farm building,and the Gammonley Project have had a positive influence on the image of the downtown, evoking high marks in the Image Preference Survey. Recognizing that there is no one defining style of architecture in the downtown,such projects should serve as a basis for new standards of design elements to be continued as the downtown further develops. •Results from the Image Preference Survey indicate a preference for the architectural styles from the 18th and 19'h Century,primarily the Colonial Style.Defining elements viewed as favorable include gabled roofs (often with dormers),the symmetrical placement of windows and doors,details such as columns,cornices, raised panel shutters,simple rectangular shapes,and articulated entrances decorated with sidelights, transoms,columns,and pediments.Such elements are appropriate for and should be encouraged in all downtown development projects in Clarendon Hills. Details such as raised panel shutters and window mullions were viewed as i;;lvorable in theImage Preference Survey.They also reflect elements of 18th -and 19th Century Architecture that contribute to the character of the downtown. New development should maintain traditional designs.The incorppri:ltion of such elements as cornices,transoms;btHkheads,and window head moldings is appropriate. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page 30f 19 Example exhibiting colonial design elements viewed as favorable in the Image Preference Survey. Appropriate example exhibiting such details as window shutters,a columned entryway and symmetrically placed windows. Elements such as lintels,columns,awnings, along with the material separation of stories are appropriate for the downtown. Recessed,arched entries,large display windows,and arched,interior Iit canopies are' elements viewed as favorable in the sUNey. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Additional example of architectural style and details viewed as favorable in the Image Preference Survey. 18'h and 19~Century styles include the incorporation of such elements as mullions, carved pediments,columns,a gabled roof,and rectangular windows. Features noted as favorable include symmetrical window arrangements ,dentils,and pro- nounced doors with pediments. Page 40f 19 Additional example incorporatingshutters, lintels,al)da strong cornice line.The use of vertical elements to minimize the mass should also be noted. Appropriate example of new construction incorporating traditional design elements and simple,symmetrical forms. Existing example exhibiting traditional designs such as a rec~ssed entrance,single-light door, display windows,and decorative bulkhead. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Pronounced corner details such as towers and corner entrances are appropriate style elements for the downtown. The incorporation of planter boxes under upper story windows were viewed as favorable compliments desired styles in the downtown. New construction viewed as favorable incorporating horizontal banding,dentils, awnings,brick pier columns,and recessed corner entry. Page 50f 19 Example of materials and architectural elements viewed as favorable.This should be encouraged in the downtown. Use of brick and stone as primary materials should be encouraged in the downtown. Articulated roof-lines,aligned window heights,and reinforced horizontal lines. This should be encouraged. A building should incorporate architectural styles and design features,building materials, and colors complementary to those used in surrounding buildings.Buildings should maintain base courses,maintain cornice lines in buildings of the same height,and extend .horizontal lines of windows. Commercial buildings with awnings help to create a sense of human scale. Poor massing and improper design features break the continuity of the streetscape. ELEMENTS OF BUILDING DESIGN: •Downtown Clarendon Hills has no one defining style of architecture.Style should not be restricted.However, each development project should be evaluated based upon the quality of design and its relationship to the surrounding area. •For any development effort,materials that are similar in .texture to those established in the downtown should be used.The use of brick and stone as primary materials is strongly encouraged. •The choice of materials should relate in character with other properties.They should be of durable quality, suitable for the building type,and architecturally harmonious with adjoining structures. G The scale,proportions,massing,articulation and design features of the structure should enhance the pedestrian experience,emphasizing the human scale. •Awnings are encouraged as a means to provide shelter from the weather and to create a sense of human scale. Buildings should be designed to create street level interest and pedestrian comfort. •Entrances,porches,balconies,decks,and seating should be located to promote pedestrian use of the street edge by providing weather protection,security,and safety. •Windows,doors,eaves,and parapets shou Id be proportional and relate to one another.Colors should be harmonious with the structure and adjoining structures. Downtown Design Review Guidelines Village of Clarendon Hills,l/Iinois Page 60f 19 • • • • • • Window patterns should be compatible with those in adjoining buildings. Entries should be articulated and should contribute to the volume,mass,proportion,and texture of the building. long,uninterrupted wall or roof planes should be avoided and signs,lighting,utilities and services should be integrated with the building design. Monotony should be avoided in design.The roof line at the top of the structure should incorporate offsets and jogs to reduce the monotony of an uninterrupted roof plane. Mechanical equipment or other utility hardware should be screened from public view. Commercial building facades should provide appropriate proportions of transparent glass in the entry street facing wall to promote visibility between the street and building interiors. Monotony in design should be avoided in neighboring buildings. The incorporation of offsets and jogs at the roof line adds interest and should be encouraged in the downtown. First floor commercial with a minimum 50% display window provides views into the interior of buildings.Such instances are appropriate for the downtown. Example exhibiting desirable relationship between entry and window treatment details. Cornice and window details are encouraged in the downtown. Example exhibiting good propprt,ions and relation- ships'between architectural elements. Articulated and detailed entry ways were viewed as desirable for downtown developments. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page lof 19 PROIECT AND RELATIONSHIP TO THE SITE: •All projects within downtown Clarendon Hills should be planned for safe pedestrian movement,and should provide adequate planting and parking,accomplishing a desirable transition with the streetscape. •All downtown projects should be oriented towards the primary street on which it is sited. •All parking areas should be screened from the public view by either the use of landscaping,berms,wall extensions,or a combination thereof. •The height and scale of all projects should be compatible with the site location and that of the adjoining buildings. •When feasible,all utilities should be located underground. IN-Fill DEVELOPMENT: •In-fill development along the downtown street facade should maintain and reinforce the line of the storefront at the sidewalk edge,maintaining the existing height-to- width proportion of the street.A 2-to-1 width-to-height proportion is appropriate for downtown Clarendon Hills. •Most commercial buildings in the downtown area are flush with the sidewalk and setbacks for open space in front of a new buildings are not appropriate.The existing building setback should be maintained in order to maintain the continuity of and building relationship in the downtown. •Existing building or lot widths should be maintained and should be consistent with adjoining buildings.Proposed buildings that do no conform to this standard should implement designs that reflect the presence ofthis rhythm of width and incorporate a division of the facade into smaller segments. •Buildings should continue the established horizontal lines on the facades on the block,and the general alignment of building heights should be reinforced. •The window heights of the new project should be aligned with other window heights along the street facade. •Whenever poSSible,parking facilities should be located behind buildings. The typical width dimension from building face to building face in downtown Clarendon Hills is approximately 70 feet.A 2- to-l width-to-height proportion would permit a structure of 35 feet.Any increase in height beyond 35 feet should besetback,at aminimum,the width of the adjacent sidewalk. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Example exhibiting good site relation and transition to streetscape. Building to site relation is poor.Building is setback off the street and parking is exposed. Example in which horizontal lines have not been reinforced.This should be avoided. Example of inappropriate building widih. Existing building widths should be consistent with adjoining buildings. Page Bof 19 NEW DEVELOPMENTS: o Results from the Image Preference Survey indicate thatthe preferred building style is two stories,consistent with the existing overall size,height,and scale of surrounding buildings.The appropriate building height for new developments within the downtown is 2 to 3 stories. One story buildings may be considered if they reflect the design elements found in more traditional buildings. o The width-to-height proportion of the street is important in creating the appropriate scale and proportion of the street.As with in-fill development,new development should maintain the setbacks of adjacent existing- buildings. o New commercial construction should be of similar width and scale and have similar proportions as adjacent buildings. o New commercial construction should have vertical divisions to maintain the traditional building widths.This is especially important for large buildings that extend across several lots. o Traditional separation between storefronts and upper facades should be maintained.Such separation should be in alignment with adjacent buildings. o Where feasible,new construction should fill the lot area to form a continuous street facade,and shou Id be oriented towards the primary street on which it is sited. o When located on corner lots in the commercial district, developments should build to the corner property lines to reinforce the integrity of the corner.Furthermore,parking should be located behind the building and be accessible from an adjacent street.The parking should be hidden from view of the adjacent neighbors. o Buildings located on corner lots should integrate design features that create focal points at intersections such as angled corners and towers. Good example of corner building creating a focal point. Example of adjacent buildings exhibiting similar width and scale. r t 1 large buildings of new construction should have vertical divisions consistent with building widths along the block New construction shoLitcf~intain traditional window location and al ignment. YesNo almm NoYes Appropriatlfexamples of buildings exhibiting traditional separation between storefront and upper facade. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page 90f 19 Appropriate: RENOVATION PROIECTS: •When the renovation of a historic structure occurs,efforts should be made to maintain the original historic or unique architectural features of the historic structure undergoing renovation. •Any replacement of the architectural elements should reflect the existing historic or unique architectural features of the existing historic structure. •The size and proportion of existing window and door openings contribute to the rhythm of the facade and the streetscape.When restoring,rehabbing,or remodeling an existing historic·building,efforts should be made to maintain the original opening size,proportion,and profile.. •All proposed work shou Id be appropriate and related to the existing style of the historic structure. •With all proposed renovation projects,any proposed additions should be to scale with the existing structure, further relating to the existing style of the structure through continuation of the eXisting architectural elements and details. •False facades or applied moldings help to break up the monotony resulting from neighboring buildings that have similarfacade heights and details. •When the renovation of a non-historic structure occurs, the aforementioned details under Architectural Styles and Details and Elements of Building Designs additionally apply. Inappropriate: wHen restoring,rehabbing,or rem.odeling an existing building,the size and proportion of existing window and door openings should be maintained. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Example in which adjoining develop- ments do not relate in scale,height, massing,or style.This should be avoided .. Additions to commercial buildings are acceptable as long as they are located at the rear of the building or along a side not readily visible from the street.Rooftop additions are acceptable as part of a unified redevelopment of a building. Buildingwith long,monotonous walls should be avoided Monotonous walls can be broken up with windows, doors,display cases,architectural detailing,and variation in the height of buildings.A consistent building line should be maintained at the setback along the street. Buildings that avoid long, monotonous walls should be encouraged Page lOaf 19 SIGNAGE: •The signs located in downtown Clarendon Hills tend to vary in size,vertical location,typeface,and color scheme. •Horizontal wall signs are prevalent in the downtown and should be further continued in any new development. The typical mounting "location for such signs is above the window and below the roof,or above the window and below the floor line of the next story. •Signs should be of scale andproportion in design and form a visual relationship to the building and surroundings.They should not be applied to the wall or windows of the building in such a way as to interfere with architectural details nor disrupt the rhythm of the windows and fenestration. •Each sign should be compatible with signs on adjoining premises and should not compete for attention. •All signs should be designed as an architectural element of the structure.The color,materials and lighting shou Id be restrained and harmonious with the building. •Signs viewed most favorable by the image survey were those consisting of a simple design and short message, mainly the business name. •The messages should be clearly conveyed,so avoid use of complex type faces.Graphic elements should be held to the minimum needed to convey the sign's major message. •There was a general dislike for windows incorporating temporary signs.Such use should be limited to special conditions and when used should not appear cluttered. •Signs of any nature should not be allowed on roofs and should not project from the street wall.They should not cover windows,roof shapes,or dominate trim. Sim pie,legible signs were viewed as favorable forthe downtown.They should be encouraged. Mu Itiple signs that are not compatible and that do not relate in scale should be avoided. Signs that are dominating and that do not relate in scale to other structural features should be avoided. Example exhibiting the desirable mounting location for signs on structures located in the downtown. Cluttered,temporary signs should be avoided and limited to special conditions. Adjoining incompatible signs and signs that compete for attention should be avoided. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page Ilof 19 LIGHTING: •All exterior lighting should be designed as part of the architectural and landscape design concept.Fixture, standards and exposed accessories shou Id be integrated with the building design. •Adequate provisions should be made to avoid glare of vehicular and stationary lights that would affect the establ ished character of the downtown,and to the extent such lights will be visible across any property line,the Village performance standards for illumination should be met. •Integral lighting contained within the sign should be avoided.Examples of better approaches for the downtown include the use of flood lights attached on gooseneck fixtu res from the top of the roof 0 rtop of the sign,wall-wash lights mounted behind opaque sign letters or elements,and up-lights mounted in an open area beneath the sign. AWNINdCANOPIES: •Numerous storefronts located within the downtown have incorporated the use of awnings into their design. Through the image survey,awnings were rated as an attractive element of design that the respondents liked. No preferencewas given for shed or arched style awnings,however,shed are prevalent in the downtown. •Shed awnings are appropriate for rectangular openings, while arched are appropriate for arched openings. •For all development projects that utilize awnings or canopies,they should be integrated into and relate to the scale of the building facade.In pedestrian areas,the appropriate distance between the lowest point of the awning or canopy and the sidewalk is seven feet,and projections of less than four feet are discouraged. •A consistent pattern should be produced through similar size,horizontal location,shape,and color of awnings and canopies. •Appropriate awning materials include canvas or canvas like material.The use of vinyl coated fabric,fixed metal, transparent or opaque vinyl,or wood is discouraged. Examples of light features viewed as desirable due to the positive relation with other architectural elements. Downtown Design Review Guidelines Village of Clarendon Hills,I/Iinois Lighting should be designed as an architectural element and integrated with the building design. Awnings and canopies that do not relate to the scale of the building facade should be avoided. Consistency in awning shape,size, horizontal location,and color should be encouraged. Awningexamples exhibiting good relation to the sidewalk and consistency in design detail. Page 120f 19 • • Contrast between the sign message and background colors increases the signs legibility and impact. Example in which landscape elements relate to other facade elements further enhancing the streetscape. Outdoor seating as a streetscape element was viewed as favorable for the downtown. COLOR PAlETIE: •No one color range dominates downtown Clarendon Hills.Image survey results indicated a high liking for earthtones,including browns,reds,and greys. Colors for buildings should reflectthe traditional colors in the downtown,or complementary colors that work to define the area. For awnings/canopies,the colors should blend with the building facade.Primary colors are not recommended, however,trim accentuated with contrasti ng colors wou Id be appropriate. For signs,a minimum number of colors should be used. Background colors that match the building color (or neutral)were viewed as favorable,with a tendency to favor light graphics on dark background.A high level of contrast between the sign message and background works well for legibility. • • • OPEN SPACE AND LANDSCAPING: •Open space should be configured to be usable, functional,and appropriate to the proposed development. Scenic views from publicly accessible locales should be retained. Landscape design should be aesthetically pleasing,create a logical transition to adjoining developments,screen incompatible uses,screen unsightly activities from public view,and break up large expanses of asphalt. ACCESS AND CIRCULATION: •Streets,sidewalks,and bike paths should provide access and good traffic circulation to and from adjacent lands, existing streets and sidewalks. •Adequate access roads or entrance or exit drives should be provided and should be designed and improved so as to preventtraffic hazards or problems,to minimize traffic congestion in public streets,and to encourage pedestrian access. •Design should ensure that the vehicular circulation elements of the proposed development will not create hazards to the safety of vehicular or pedestrian traffic on or off the site,disjointed vehicular or pedestrian circulation paths on or off the site,or undue interference and inconvenience to vehicular and pedestrian travel. Appropriateexampleexhibiting landscape buffers between parking facilities and sidewalks. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page 130f 19 DEFINITIONS Aesthetic:Pertaining to art,taste,or beauty. Appearance:The outward aspect visible to the public. Appropriate:Sympathetic,or fitting,to the context of the site and the whole community. Appurtenances:The visible,functional object accessory to and part of buildings. Architectural Character:The composite or aggregate of the characteristics of the structure,form,materials,and function of a building,group of buildings,or other architectural composition. Architectural Concept:The basic aesthetic idea of a building,or group of buildings or structures,including the site and landscape development,which produces the architectural character. Architectural Feature:A prominent or significant part or element of a building,structure,or site. Architectural Style:The characteristic form and detail,as of buildings of a particular historic period. Attractive:HaVing qualities that arouse interest and pleasure in the observer. Awning:A temporary and movable covering extending from a building to over the sidewalk or entrance;usually made of a fabric-type material. Bay:That compositional and structural subdivision of building which,through repetition,makes up the total design of a building. Baluster:One of a row of short pillars or columns in a balustrade. Balustrade:A handrail or a coping,together with the short pillars of columns (balusters)which support it. Berm:A raised form of earth to provide screening or improve the aesthetic character of the grade. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page 140f 19 Buffer:A landscaped area or strip intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Bulkhead:The structural panels just below display windows on storefronts.Bulkheads can be both supportive and decorative in design.Bulkheads from the 19'h century are often of wood construction with rectangular raised panels while those of the 20'h century may be of wood,brick ti Ie,or marble construction. Bulkheads are often referred to as kickplates. Canopy:Permanent awning made out of a solid material;used in the bUilding design. Casement:1.A window consisting of one or more sashes which swing open on hinges at their vertical edges.2.A sash used in such a window. Clapboard:Thin long boards,with the bottom edges thicker than the top edges,overlapped horizontally,and used over timber-framed structures to provide a weatherproof exterior wall. Coherent:Easily appreciated visually by reason of consisteC\cy and compatibility;i.e.,everything obviously belonging together. Cohesiveness:Unity of composition between design elements of a building or a group of buildings and the landscape development. Compatibility:Harmony in the appearance of two or more external design features or elements in the same vicinity. Conservation:The protection and care which prevent destruction or deterioration of historical or otherwise significant structures,bUildings,or natural resources. Context:Aesthetic character or vicinity of an area under review; Surroundings,background for some object. Coping:1.A protective capping or covering at the top of a masonry wall.2.A horizontal ""ember which together with the balusters supporting it constitutes a balustrade. Corbel:A bracket of brick or stone built out from a wall. Cornice:Any projecting ornamental molding along the top of a building. Downtown Design Review Guidelines Village of Clarendon Hills,JIIinois Page ISof 19 Cupola:1.A dome.2.A small construction,not necessarily a dome,rising above the roof of a building,which may be purely decorative,but is often used as a means of admitting light and air. Decorative Screen:A wall or fence intended to partially or entirely cut offvisibi.lity to the area behind it Dentil Course:A horizontal row of small projecting rectangular blocks supporting a superimposed molding. Design Concepts:Refers to architectural and site planning and to the analysis of the whole structure in terms of form, proportion,color,material,and textures. Eaves:The lower edge of a sloping roof,projecting beyond the wall. Element:A device used to create an image. Exterior Building Component:An essential and visible part of the exterior of a building. External Design Feature:The architectural style and general arrangement of such portion of a building or structure as is to be open to view from a public street,place,or way,including the kind,color,and texture of the building material of such portion and the type of windows,doors,and lights attached,or ground sings and other fixtures appurtenant to such portion. Facade:The elevation or exterior face of a building. Fillet:1.A narrow ribbon-like flat band or molding.2.The flat surface between the flutes of an Ionic column. Finial:An ornament at the top of a spire,pinnacle,gable,post, or other architectural element,to serve as its terminal feature. Gable:The portion of the vertical end wall of a building above the eaves line to the ridge,generally but not necessarily triangular in shape. Graphic Element:A letter,illustration,symbol,figure,insignia or other device employed to express and illustrate a message or part thereof. Harmony:A quality which represents an appropriate and congruent arrangement of parts,as in arrangement of varied architectural and landscape elements. Downtown Design Review Guidelines Village of Clarendon Hills,JIIinois Page 160f 19 Landscape:Plant materials,topography,and other natural physical elements combined in relation to one another and to man-made structures. Light Cut-Off Angle:An angle from vertical extending downward from a luminary which defines the maximum range of incident illumination outward at the ground plane. Line:Refers to the vertical and horizontal alignment of architectural features that occur on individual building facades and on adjacent building fronts. Lintel:A horizontal beam spanning an opening. Logic of Design:Accepted principles and criteria of validity in the solution ofthe problem of design. Massing:Refers to the relationship of visual volume of one building to its neighbors. Mechanical Equipment:Equipment,devices and accessories, the use of which relates to water supply,drainage,heating, ventilating,air conditioning and similar purposes. Miscellaneous Structures:Structures,other than buildings, visible from the public ways.Examples are:memorials,staging, antennas,water tanks and towers,sheds,shelters,fences and walls,kennels,transformers and drive-up facilities. Module:That unit of a design by which all other elements of the design are proportioned.In classical architecture,the half diameter of a column was used as a module. Mullion:A vertical member subdividing a window opening into separate lights. Parapet:A solid wall of handrail height placed at the edge of a roof,balcony,or other similar horizontal surface. Pinnacle:An ornament having the basic form of an obelisk or a slender pyramid and used as a terminal feature to cap a buttress or to accent corners or high points of a roof or tower. Plant Materials:Trees,shrubs,vines,ground covers,grass, perennials,annuals,and bulbs. Portico:1.Generally,a colonnade or arcade serving as the entrance to a building.2.A colonnaded or arcaded walkway, either freestanding or attached to a building. Downtown Design Review Guidelines Village of Clarendon Hills,I/Iinois Page 170f 19 Proportion:Balanced relationship of parts of a building, landscape,structures or buildings to each other and to the whole. Renovation:The interior or exterior remodeling of a structure, other than ordinary repair. Rhythm:The pattern of occurrence of related elements. Sash:1.A frame into which glass is set.2.Especially each of the two vertically sliding-frames of a sash window. Sash Window:1.A window consisting of one or more sashes. 2.Especially,a window made up of a pair of sashes,which opens by sliding one or both sashes vertically,to distinguish from a casement. Scale:Proportional relationship of the size of parts to one another and to the human figure. Scallop:An ornament in the form of a scallop shell. Scalloping:A series of ornamental adjoining semicircular forms along an edge. Screening:Structure or planting which conceals from view from public ways the area behind such structure or planting. Shrub:A multi-stemmed woody plant other than a tree. Site Break:A structural or landscape device to interrupt long vistas and create visual interest in a site development. Soffit:The exposed underside of an architectural member. Spire:A slender conical or tapered polygonal structure placed on top of a roof or tower. Street Hardware:Man-made objects other than buildings which are part of the streetscape.Examples are:lamp posts,utility poles,traffic lights,traffic signs,benches,litter containers,letter boxes,fire hydrants. Streetscape:The scene as may be observed along an public street or way composed ofnatural and man-made components, including buildings,paving,planting,street hardware and miscellaneous structures. Downtown Design Review Guidelines Village of Clarendon Hills,Illinois Page ISof 19 Street Wall:Any wall fronting a street.A street wall line extends outward,from the outermost points of each building's street wall,parallel to the street,until such extensions of said line intersect the side and/or rear property line,encircle the building,or intersect another wall line.(If a building has a rounded front or the building is on an irregular shaped lot,the points of the street wall closest to the side property lines shall be used to determine the st;eet wall line.). String Course:A projecting horizontal band or ornamental molding built into the exterior face of a masonry wall,often indicating the floor level. Structure:Anything constructed or erected,the use of which requires permanent or temporary location on or in the ground. Symmetry:Having parts similar in shape and measurement ;dentically arranged on opposite sides of a center line (axis). Transom:A horizontal opening (or bar)over a door or window Utilitarian Structure:A structure or enclosure relating to mechanical or electrical services to a building or development. Utility Hardware:Devices such as poles,cross-arms, transformers and vaults,gas pressure regulating assemblies, hydrants and buffalo boxes that are used for water,gas,oil, sewer and electrical services to a building or a project. Utility Service:Any device,including wire,pipe,and conduit which carries gas,water,electricity,oil,and communications into a building or development. Downtown Design Review Guidelines Village of Clarendon Hills,JlJinois Page 190f 19 NE I G H B O R H O O D An i n f o r m a t i v e p a m p h l e t b r o u g h t t o y o u b y t h e DE P A R T M E N T O F PU B L I C W O R K S A N D P L A N N I N G OV E R L A Y D I S T R I C T (NBOD) Be a u t i f i c a t i o n Be a u t i f u l ! TH A N K Y O U F O R D O I N G YO U R P A R T T O K E E P FR E S N O C O U N T Y CO N T A C T I N F O R M A T I O N Ca l i f o r n i a H i g h w a y P a t r o l 1- 8 0 0 - T e l l - C H P Sh e r i f f ’ s D e p a r t m e n t (5 5 9 ) 4 8 8 - 3 1 1 1 En v i r o n m e n t a l H e a l t h (5 5 9 ) 6 0 0 - 3 3 5 7 Co d e E n f o r c e m e n t (5 5 9 ) 6 0 0 - 4 0 8 5 Ro a d Ma i n t e n a n c e & O p e r a t i o n s (5 5 9 ) 6 0 0 - 4 8 4 0 Fr e s n o C i t y O n e C a l l C e n t e r (5 5 9 ) 6 2 1 - C I T Y Ac c u m u l a t i o n o f l e a v e s bl o c k i n g c u l v e r t s MA I N T E N A N C E & O P E R A T I O N S Pr o b l e m s w i t h g r a f f i t i FR E S N O C I T Y ON E C A L L C E N T E R Re m o v a l o f t r e e s i n a p a r k st r i p o r o t h e r p u b l i c r i g h t of w a y r e q u i r e s a p e r m i t CO D E E N F O R C E M E N T Ru b b i s h , l i t t e r , m a c h i n e r y , ti r e s , l u m b e r a n d f u r n i t u r e or h o u s e h o l d i t e m s w h i c h co n s t i t u t e a n u n s i g h t l y ap p e a r a n c e a r e p r o h i b i t e d CO D E E N F O R C E M E N T AAc bblo MMMA &&& PPr FFFR OOON RRe str ofoff CCCO RRu tti r oor co apa CCCO Fr e s n o C o u n t y Z o n i n g O r d i n a n c e § 8 5 0 . 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Fr e s n o C o u n t y Z o n i n g O r d i n a n c e § 8 5 0 . B . 6 . 1 Th e N e i g h b o r h o o d B e a u t i f i c a t i o n O v e r l a y D i s t r i c t (N B O D ) i s a n o v e r l y i n g z o n e d i s t r i c t i n t e n d e d to a s s i s t i n p r o t e c t i n g a n d p r e s e r v i n g t h e i n t e g r i t y of F r e s n o C o u n t y ’ s u n i n c o r p o r a t e d u r b a n ne i g h b o r h o o d s l o c a t e d w i t h i n t h e F r e s n o / C l o v i s Me t r o a r e a s w h i c h h a v e a h i s t o r y o f a n d re p u t a t i o n f o r w e l l k e p t a n d v e r d a n t p r o p e r t i e s . Po o r l y m a i n t a i n e d p r o p e r t i e s a r e c o n t r i b u t i n g fa c t o r s t o w a r d d e c l i n i n g p r o p e r t y v a l u e s a n d t r i g g e r cr i m i n a l a c t s . T h i s b r o c h u r e i d e n t i f i e s p r o p e r t y co n d i t i o n s t h a t a r e p r o h i b i t e d b y c o d e s e n f o r c e d by v a r i o u s F r e s n o C o u n t y D e p a r t m e n t s . If y o u o b s e r v e a n y o f t h e v i o l a t i o n s i n y o u r ne i g h b o r h o o d , p l e a s e c o n t a c t t h e C o u n t y De p a r t m e n t l i s t e d o n t h i s p a m p h l e t . Abandoned / Inoperative vehicles on private property SHERIFF’S DEPARTMENT Abandoned/Inoperative vehicles on a public street or right of way CALIFORNIA HIGHWAY PATROL Dead, decayed, diseased or hazardous trees and overgrown weeds that are potential fire hazards are prohibited CODE ENFORCEMENT Trees, shrubs and landscaping must be adequately irrigated and maintained CODE ENFORCEMENTAAvvSHAAvDDhhawwhhaCTTmmaanCFresno County Zoning Ordinance § 850.B.6.2.a.Fresno County Zoning Ordinance § 850.B.6.3 P r o h i b i t e d V e h i c l e s Pa r k i n g A b a n d o n e d V e h i c l e s Ga r b a g e C o n t a i n e r s Ha z a r d o u s T r e e s & W e e d s La n d s c a p e M a i n t e n a n c e De m o l i t i o n / F i r e R e m n a n t s Department of Public Works and PlanningDevelopment Services DivisionNeighborhood Beautification Overlay District CITYOFFRESNO CITYOFCLOVIS SHAW SHIELDS MCKINLEY BELMONT WHITES BRIDGE CALIFORNIA JENSEN BARSTOW BULLARD SIERRA DAKOTA ASHLAN GETTYSBURG CLINTON OLIVE NELSEN KEARNEY CHURCH ANNADALE NORTH CENTRAL AMERICAN MUSCAT MALAGA SHAW SHIELDS MCKINLEY BELMONT KINGS CANYON RD CALIFORNIA JENSEN BARSTOW BULLARD SIERRA DAKOTA ASHLAN GETTYSBURG CLINTON OLIVE NELSEN BUTLER CHURCH ANNADALE NORTH CENTRAL AMERICAN MUSCAT MALAGA HERNDON SHEPHERD NEES ALLUVIAL TEAGUE TOLLHOUSE PERRIN BEHYMER INTERNATIONAL COPPER MARKS FIG ELM CHERRY CEDAR CHESTNUT CLOVIS TEMPERANCE MCCALL BRAWLEY CORNELIA GRANTLAND HAYES BRYAN POLK BLYTHE VALENTINE HUGHES WEST FRUIT WALNUT EAST ORANGE MAPLE PEACH WILLOW MINNEWAWA SUNNYSIDE FOWLER ARMSTRONG LOCAN DE WOLF LEONARD ACADEMY MARKS MAROA BLACKSTONE FRESNO CEDAR CHESTNUT CLOVIS TEMPERANCE MCCALL BRAWLEY CORNELIA GRANTLAND HAYES BRYAN POLK BLYTHE VALENTINE VAN NESS BLVD WEST FRUIT PALM FIRST MILBROOK MAPLE PEACH WILLOW MINNEWAWA SUNNYSIDE FOWLER ARMSTRONG LOCAN DE WOLF LEONARD AUBERRY FRIANT-KERN CANAL GOULD CANAL ENTERPRISE CANAL S A N J O A Q U I N R I V E R SEWERTREATMENTPLANT MALAGA DICKENSON GARFIELD CAHTEA FRESNO GARFIELD CAHTEA FRESNO GOULD CANAL D O G C R E E K F R I A N T - K E R N C A N A L KINGS RIVER ·|}þ168 ·|}þ99 ·|}þ41 ·|}þ180 Map Prepared by: JHernandezJ:\GISJCH\projects2013\NBOD .mxd:0 6,250 12,500 18,750 25,0003,125 Feet LEGEND: CITY OF FRESNO (City Limits) CITY OF CLOVIS (City Limits) NEIGHBORHOOD BEAUTIFICATION OVERLAY AREA MAJOR STREETS Downtown  Beautification  Grant  Guidelines     and  Application  for  2013   WHY DO WE HAVE A DOWNTOWN BEAUTIFICATION PROGRAM? The purpose of the Main Street Downtown Beautification Program is to stimulate downtown development, improve the visual image of properties and generate pride in the community. HOW IS THE BEAUTIFIATION GRANT MONEY ALLOCATED? Funding for this program is limited and applications will be considered on a first come, first served basis. Therefore, Main Street District businesses are encouraged to apply immediately for consideration. The Main Street Program will convene a panel on the first Tuesday of each month to review all grant applications received since the previous review session. To be included the month's review session, an application must be submitted to Jacqueline Dost before the first of each month. Please see below for guidelines on completing and submitting a grant application. HOW MUCH FUNDING CAN I RECEIVE? The Downtown Beatification Program is a grant not a loan. Approved Applicants may receive up to $2,500 per project. Funding must be matched dollar for dollar with total dollars being reimbursed not to exceed $2,500. Applicants may be approved for one application, per property, per year. Applicants must complete the work within one year of being approved. The Main Street Program will not consider applications on projects where the work has already been started. HOW DO I KNOW IF I AM ELIGIBLE TO RECEIVE A GRANT? In order to be eligible to receive a Downtown Beautification Grant you must first meet the following standards: • The applicant must be a Main Street Business Member whose business falls within the Main Street Districts Boundaries; • You must be the Business Property Owners or have written authorization from the Property Owners to conduct the work; • One (1) grant is allowed per location every year based on the anniversary date of the completion of the project; • Improvements must remain in place and be maintained in good order for a period of five (5) years; graffiti and vandalism must be repaired during this time period. If improvements are removed or not maintained, the Main Street Program may at its discretion seek full reimbursement for the total amount of the grant; • Property taxes must be current and participants may have no debts to the City; • Participating businesses must have a current occupational tax certificate (business license); • Once awarded a grant the applicants must maintain their Main Street Membership for the lifetime of their business. WHAT WORK DOES THE GRANT COVER? The following types of improvements are eligible for matching funds through the Downtown Beautification Grant: • Painting (exterior painting for the building, trim, door, staining) • Awnings (structure, fabric and installation) All work must align with the Secretary of the Interior’s Standards for Rehabilitation (see below) THE SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION Standard 1: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. Standard 2: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Standard 3: Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Standard 4: Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. Standard 5: Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. Standard 6: Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence. Standard 7: Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. Standard 8: Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. Standard 9: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. Standard 10: New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. WHAT WORK IS NOT COVERED IN THE GRANT? The following types of improvements are not eligible for the 2013-2014 Downtown Beautification Grant: • General maintenance other than painting; • Roofs; • Personal property & equipment; • Window replacement • Vinyl Siding; • Window tinting; • Lighting • Signage • Interior window coverings and other interior renovations; • Security systems; • Nonpermanent fixtures; landscaping • Billboards; • Equipment Rental; • Fees and Permits. WHAT OTHER THINGS DO I NEED TO CONSIDER WHEN APPLYING FOR A BEAUTIFICATION GRANT? • Planned improvements must be in harmony with the Secretary of Interior’s Standards for Rehabilitation. • You must submit two competing bids for each proposed project. • The Main Street Board has final say in the paint color selected for each approved project. • Planned improvements must be in harmony with Carrollton ordinances and building codes. For more information on city codes and ordinances please contact city hall at 770-830-2000. • The surface cleaning of structures must be by the gentlest methods available. • Sandblasting of brick masonry is strictly prohibited. • The size, color and shape of a sign should conform to the building’s period, compliment the building and add to the historic flavor of the area. Temporary signage must not be used. • In addition, the applicant will be responsible for any building permit fees required for the proposed work. Permit fees will not be reimbursed. HOW DO I SUBMIT MY APPLICATION? Please submit your application to Jacqueline Dost at 103 Professional Pl, Carrollton, GA 30117. Her office hours are Monday- Friday 9am till 4:30pm. You may contact Jacqueline by phone at 770-833-1460 or email at Jacqueline@keepcarrollbeautiful.org to set up an appointment to drop off your grant. Mrs. Dost will review all applications to determine if they meet the eligibility criteria and guidelines for approval before they are presented to the Design Committee for review. HOW WILL MY APPLICATION BE EVALUATED? Applications submitted for the Downtown Beautification Grant will be evaluated for approval based on the following points: • The extent of the overall proposed project and if the work advances the goals of improving the building’s appearance; • Whether or not applicant is using local businesses for the design work; • The impact of the project on downtown streetscape; • The original condition of the building and the need for the proposed change; • The extent to which the original building features and/or significant modifications are preserved; • The removal of historically inappropriate alterations; • The prominence of the building; • The quality of the proposed work; • Frequency of grants requested; so that funds may be available to assist as many properties as possible. HOW WILL I FIND OUT IF I HAVE BEEN APPROVED? The Design Committee will review the application for approval. The applicant is required to attend the Design Committee meeting to present their application. The Design Committee will then make a recommendation to the Main Street Board of Directors. A majority vote by the Board members present will vote to approve, deny or table all applications. You will receive in writing a formal acceptance letter stating the amount that you have been awarded by The Board or you will receive a letter stating the grounds on which your application was denied. ONCE I HAVE BEEN APPROVED HOW DO I GET MY MONEY? You have one year from your date of approval of your Downtown Beautification Grant to complete the work. If work is not completed in one calendar year you will forfeit your awarded money. Once work is complete a member of the Board or the Main Street Director must conduct a final inspection before funding will be made available. The following must be submitted: • Paid receipts (All payments will be reviewed by the Main Street Director); • Copies of any paid invoices; • Final photographs of finished work; • Final cost worksheet. This form must be submitted to the Jacqueline Dost in order to be considered at our monthly Design Committee meeting. The application and checklist (below) must be complete in order to be considered for funding. Name:  _________________________________________________________________________________________________     Company  Name:    _____________________________________________________________________________________     Business  Address:____________________________________________________________________________________     Personal  Address:  ___________________________________________________________________________________     Phone:________________________________________      Email:  _______________________________________________   Check List of Items needed to submit with application: o Specifications outlining the scope of work and building materials o Two competing bids for proposed work o Photographs of the existing condition of the façade o Paint color or fabric samples o If you are a tenant, please attach written permission from the owner to this application form. DOWNTOWN  BEAUTIFICATION  GRANT  APPLICATION  FORM   Brief  Description  of  the  Project  and  Cost  Breakdown:    (please  use  additional  sheets  if  necessary)     Items                                                      Cost     _____________________________________________________________________________________________________     _____________________________________________________________________________________________________     _____________________________________________________________________________________________________     _____________________________________________________________________________________________________     _____________________________________________________________________________________________________   Application  Received  on:  ________________________________________________________     Next  Available  Design  Committee  Meeting:__________________________________________     *Please detach this sheet and return to Jacqueline Dost BEAUTIFICATION GUIDELINES Enhancing the Scenic Value of the Village Prepared October 2007 2 Table of Contents ♦ Vision & Introduction 3 ♦ ”Garden City” History 4 ♦ Today’s Beautiful, Sustainable City 5 ♦ Beautification Components 6 ♦ Background Information 7 ♦ Low Quality Streetscapes ♦ Goal of Streetscapes ♦ Current Conditions 8 ♦ Landscaped Medians ♦ Lighting Structures ♦ Gateway Entrances ♦ Beautification Plan 9 ♦ Open Space & Trail Plan 9 ♦ Roadway Boulevards & Parkways 11 ♦ Landscaping 11 ♦ Lighting 19 ♦ Roadway Descriptions 20 ♦ Gateway Entrances 22 ♦ Goals & Objectives 29 Special Thank You To & References American Planning Association : Getting Streetscape Design Right by David Schellinger and Sharon Priest, AICP American Planning Association : Great Streets - Characteristics and Guidelines for Designation American Planning Association : “Tuesdays at APA” August 1, 2006. Lincoln Avenue Corridor Urban Design Plan and Design Guidelines prepared by Land Vision, Inc. Gainesville, Florida Beautification Board Grande Cache : Community Beautification Plan Indianapolis Cultural Trail Photos Sternberg Lighting - Roselle, IL (Before and After photo) Town of Danville : Streetscape Beautification Guidelines Village of Plainfield Comprehensive Plan - Adopted May 20, 2002 Updated May 2004 and Oct. 2005 Village of Plainfield Open Space Plan - Adopted October of 2005 Village of Plainfield Zoning Ordinance - Adopted August 15, 2006 3 VISION The beautification Plan envisions the creation of a network of richly landscaped boulevards, parkways and public parks which will help preserve the Village’s bucolic past through a comprehensive greening of the Village’s public realm. This new green fabric of boulevards, parkways and parks will provide an opportunity to unify the various neighborhoods and commercial corridors together into a new town vision for the 21st century. INTRODUCTION The Village of Plainfield’s Beautification Plan is intended to bring a new focus on the beautification of the Village’s street network by introducing a series of beautification improvements to the Village’s public realm. The Village’s public realm are those areas that are owned by the Village, including its streets, park space and civic buildings. Drawing on some of the historical legacy of the “City Beautiful Movement” and “Garden Suburb” movement of a century ago, this plan hopes to reintroduce a number of traditional landscaping, lighting, way finding signage and hardscape improvements to the Village’s network of roadways and to create a series of gateways which will help define the unique character of the Village of Plainfield. The goal of this beautification plan is to preserve the Village’s bucolic past by introducing extensive landscape and street lighting improvements to the network of Village arterials and collector streets. The hope is that this plan will provide a new sense of visual interest to the Village’s streetscapes which will reflect the best traditions of numerous beautification endeavors throughout the Chicagoland area. 4 “GARDEN CITY” HISTORY The Village of Plainfield strives to be a beautiful place with scenic vistas, grand boulevards and parks, and a certain uniqueness that will distinguish itself from other towns. This will provide a pleasant environment for those living in and visiting the area. The ideas behind beautiful communities is something that has changed throughout history. From Ebenezer Howard’s “Garden City” concept, to the City Beautiful movement that sprung across nations, to today’s New Urbanist theory and beautification components, the main goal has remained the same. That goal was to provide a pleasant environment with open public land and scenic beauty. Ebenezer Howard is renowned for his “Garden City” idea. The concept grew out of a desire to offer the benefits of urban living without the crowding and squalor often associated with big city life. Parks, open spaces, and land allotments were to be plentiful. Cities were clustered with gardens flourishing in their centers, trees and landscaping were to be planted in abundance, and green belts surrounded the garden cities. In many ways, the “Garden City” was to promote sustainability, which is a main goal of the Village today. The City Beautiful movement was one that used beautification and monumental grandeur in cities. It was something that did not seek beauty for its own sake; rather, for creating moral and civic virtue among urban populations to counteract the moral decay of cities stricken with poverty. It was a Progressive Reform Movement that was popular in the late 1800s and early 1900s. Today, the Village still identifies the desire for a high quality community through beautification and monumental grandeur. Today’s city is tomorrow’s future, and the Village strives to create a beautiful, sustainable, respected place. 5 TODAY’S BEAUTIFUL, SUSTAINABLE CITY Today’s beautiful, sustainable city incorporates ideas from the Garden City and City Beautiful movements. It forms the basis of today’s progressive theories. The Village of Plainfield’s Beautification Plan will aim to focus on four key components. These components include: 1. Stewardship, improvement and maintenance of community assets. This component forms the heart of the Beautification Plan. The Village will aim to take good care and enhance all community assets, focusing predominantly on street lighting, landscaping and gateway entrance features. 2. Coordinated planning and beautification programs. As the Village plans for the future and continues to expand, it will be important to coordinate all new plans with the Beautification Plan. 3. Excellence in design. The Village shall set a high standard for all new projects as well as for rehabbing old projects. Community assets shall be unique and of high quality to achieve greatness in design. 4. Establish visually harmonized landscapes along corridors throughout the Village. This will focus predominantly on the Village’s roadways, on which the Village will aim for a unified lighting and landscaping approach. This will strengthen the Village’s identity, enhance the character of the community and beautify Village streets. The pictures at the right each depict qualities of beautiful streetscapes and vistas. There are high quality lighting fixtures, attractive landscape designs, and well maintained public areas. The Village shall strive to achieve each of these components on its own streets and public areas so that its reputation as a great community is even more distinguishable. 6 BEAUTIFICATION COMPONENTS Expanding on the Village’s Open Space and Trails Plan, beautifying landscaped medians and parkways, gateway entrances and signage, and lighting are the target aspects of the Village’s Beautification Plan. This is because these elements are widely visible to all that visit the Village, as well as to those living in the Village. It will help provide a defined character for the community, as well as illustrate a high standard of living. Combined, these elements make up streetscapes. Typically, streetscaping is the first choice used amongst professionals to change the character of city streets. Streetscaping beautifies an area and, in certain situations, may increase property values. 7 BACKGROUND INFORMATION LOW QUALITY STREETSCAPES Low quality streetscapes often are cluttered with unattractive features. This could include a disarray of poles, wires and signs, signs of all shapes and sizes, unlimited locations of signs and poles, and lacking or monotonous landscapes. All of these combined contribute to the urban heat island effect and take away from the beauty of the surrounding community. GOAL OF STREETSCAPES Ideally, streetscapes would add to the charm and character of a community by beautifying it and providing attractive visual, automotive, and pedestrian oriented corridors. To achieve a successful streetscape, the following goals are typically sought after: • Underground utilities. • Attractive landscape and open space plans. • Few signs. • New street lights with hardware for seasonal banners. • Gathering places. • Focal point monument in traffic ovals and at streetcorners. • Attractive lighting structures that move away from the common cobra head light. In these before and after photos of a suburban park location, one can visualize the drastic differences the addition of attractive lighting fixtures and landscaping can cause. This change was performed by Sternberg Lighting in a suburban pocket park with new streetscape imaging software. This pocket park provides an ideal gathering place for nearby residents. 8 Van Dyke Road in October 2007. CURRENT CONDITIONS OPEN SPACE & TRAILS PLAN In October of 2005, the Village created an Open Space Plan to protect and promote the existing environmental resources throughout the area, maintain the community’s character, and create visual relief from the press of development. The Beautification Plan aims to help beautify different areas of the public realm that connect the Village’s green spaces and parks to create a sort of “green network” traveling from small pocket parks in neighborhoods, to large preserves throughout the Village. LANDSCAPED MEDIANS & PARKWAYS The Village consistently encourages landscaped medians on major streets and boulevards at subdivision entrances. The issue with these medians is that they are often lacking attractive, natural landscaping, and the lighting fixtures are predominantly cobra-heads. Steps should be taken to beautify these medians to enhance the character of the community. LIGHTING STRUCTURES Throughout the Village, there are a variety of lighting structures. Certain residential subdivisions and commercial/institutional lots have attractive column or pipe lots in place, but the majority of the Village’s roadways have silver cobra head lights. These will be what the Village aims to reduce. There are some major arterials and/or freeways or expressways where these types of lights will be acceptable, but on other streets a higher quality of light should be installed to beautify the Village. These lights could include pipe lights, column lights, or double column lights. By incorporating these lighting structures, the Village will gain a unique, community feel. GATEWAY ENTRANCES & WAY FINDING & IDENTIFCATION SIGNAGE As of August 2007, only one main gateway entrance is properly marked in the Village. This is at the south- west corner of IL Route 59 and Main Street (or Route 126). At this location there is a large monument sign with the Village of Plainfield written on it at the corner. This sign welcomes residents and visitors to the Village and signifies that they are entering a unique and special community. The Village needs to identify more locations where entrance/gateway features such as this one can be included, as well as enhance the different way finding signage options the Village employs. 9 BEAUTIFICATION PLAN OPEN SPACE & TRAIL PLAN The Village’s Open Space Plan will serve as a guide for the future conservation of open space areas in and around the Village. It is a vision of the Village’s future open space system, a policy document, and a resource to realize that system. Open space that it includes are trails, floodplains, parks, greenways, recreation areas and wetlands. The open space plan is illustrated below as it was in October of 2005. The Village takes pride in its several pocket parks, boulevard streets, trails and recreation areas, but identifies several locations as key open spaces in the Village. These key locations include: • Settlers Park • Mather Woods • Lake Renwick Heron Rookery Nature Preserve • West Norman Greenway • Northwest Community Park • and several large parks in developments such as Grande Park and Chatham Square. In recent years, the Village has worked diligently on a trail network that connects these areas, as well as the incorporation of boulevards and pocket parks on streets to further enhance the open space network with additional landscaping and greenery. 10 Plainfield will focus on enhancing and beautifying the Village’s “emerald necklace,” which is a string of parks, boulevards and open spaces in the public realm. Identifying key streets for this “necklace” or boulevard network will help guide the rest of the Beautification Plan. This street network will identify the locations the Village will focus on to enhance landscaping, lighting structures, gateway entrance features and way finding signage. Below is a newly created map illustrating the main arterial and collector streets the Village has identified as key streets in the open space network. The streets the above map highlights as Major Boulevards & Parkways identifies the following streets as key streets in the Village’s green network: • 119th Street • 127th Street • 143rd Street • Drauden Road and Steiner Road • IL Rt. 59 • Renwick Road and Wheeler Road • Ridge Road (future WIKADUKE) • Van Dyke Road Major Boulevards/ Parkways 11 Now that the key streets in the Village’s green network have been identified, specific elements to enhance them can be explained in detail. The Village will beautify and green each of the streets to create a unique community character enjoyed by all. ROADWAY BOULEVARDS & PARKWAYS To enhance roadway medians and parkways, more elaborate landscaping and more attractive lighting will be installed. Village staff has broken down the lighting and landscaping components to provide specific guidelines for beautifying each. LANDSCAPING Incorporating an attractive landscape plan on medians is important for the beauty of the surrounding community, and to reduce heat island effects. An urban heat island is an area that is significantly warmer than its surroundings due to the modifications of land surface due to development. Planting street trees and other vegetation can greatly reduce the impacts of this while enhancing the beauty of a community. The diagram above serves as a general landscaping plan, illustrating nicely and poorly landscaped medians. The poor example is at the top, with few trees evenly spaced. This example does not inspire visual interest among passersby, but is very common in the public realm. The Village of Plainfield is trying to expand from this to beautify the public realm with a landscaping plan similar to the bottom picture. In this example, the trees are clustered in random patterns to support a natural design interest, and there are a variety of tree species. Having these types of medians will beautify and create a unique identity for the public realm of the Village. These photos taken throughout suburbs illustrate the potential streetscapes Plainfield will obtain in its public realm. Tree canopies and landscaped medians with a lush variety of plantings and accent work will replace the Village’s barren medians and parkways. 12 The main elements for creating attractive landscaped medians throughout the Village include: Incorporating natural landscaping around tree bases and throughout the landscaped area. Natural landscaping in itself is a wonderful asset to install in a community. It is low maintenance and saves on maintenance costs, while providing several environmental benefits. The environmental benefits natural landscaping offers includes, but is not limited to: improving storm water management and controlling flooding, reducing air pollution and the amount of chemicals needed for landscape maintenance, increasing regional biodiversity, decreasing the amounts of pests and diseases, and conserving water and preserving its quality. Furthermore, natural landscaping provides historical and cultural interest by restoring and connecting residents to the original landscapes of the area. The picture at the right provides a good illustration of how a median can be enhanced with natural landscaping. This median adds an additional element of visual interest by providing a stone foundation for the landscaping to grow in. On a busy road this adds both beauty and a safety element. Clustering trees in random patterns. By clustering trees in random patterns, a natural design scheme and visual interest is achieved. When trees are planted in evenly spaced intervals, as is common on roadways, the design scheme is lost and the landscaping becomes dull and repetitive. The picture at the left illustrates trees that are planted in a random pattern. The landscaping is not monotonous and inspires a natural design scheme. 13 Plant a variety of tree species. Planting a variety of tree species provides aesthetic benefits for Village residents and visitors as well as health benefits for the trees. Aesthetically, a variety of trees will show a variety of different colors and features to please residents and visitors year-round. As far as health benefits for the trees are concerned, having different trees next to each other will prohibit trees from passing on species specific diseases to one another. The Village has already incorporated verbiage into the Landscaping Ordinance (Article XIV of the Zoning Ordinance) requiring that no more than five (5) trees of any species are planted adjacent and that no one (1) species compromises more than thirty percent (30%) of all parkway plantings. In this picture by Brian Leon, one can see how beautiful different tree species look in the fall season. Trees of different sizes and shapes visually enhance and beautify a street for the public. Plant additional shrubs and perennials on landscaped medians. Planting additional shrubs and perennials will add color and character to the medians. One can see the impact adding a variety of shrubs and flowers on a roadside can cause in this picture. It adds character to the area, along with dimension and color. 14 The species listed below are also found in the Village Zoning Ordinance: Parkway trees shall be limited to the following species: Common Hackberry (Celtis occidentalis) Blue Ash (Fraxinus quadrangulata) Thornless Honeylocust (Gleditsia triacanthos var. inermis) Kentucky Coffeetree (male) (Gymnolcladus dioicus) Callery, Redspire, and Aristocrat Pears (Pyrus calleryana) Maples (Acer spp.) (Except Acer negundo and Acer saccharinum) Bur Oak (Quercus rubra) American Linden or Basswood (Tilia Americana) Littleleaf Linden (Tilia cordata) Silver Linden (Tilia tomentosa) Regal Hybrid Elm (Ulmus ‘Regal’) Urban Hybrid Elm (Ulmus ‘Urban’) **Other species as determined and approved by staff. For parkways with overhead utility lines, only the following species should be planted: Amur maple (tree form) – (Acer ginnala) (tree form) Paperbark maple (Acer griseum) Serviceberry (Amelanchier arborea) Eastern redbud (Cercis Canadensis) Corneliacherry Dogwood (tree form) – (Cornus mas) (tree form) Crabapples (Malus spp) (Fruitless & apple scab resistant cultivars only) Japanese tree lilac (Syringa reticulate) Blackhaw viburnum (Viburnum prunifolium) (tree form) For parkways where the clear space between concrete is less that six feet, only the following species should be planted: ‘Erectum’ Norway Maple (Acer platanoides ‘Erectum’) ‘Columnare’ Norway Maple (Acer platanoides ‘Columnare’) ‘Crimson Sentry’ Norway Maple (Acer platanoides ‘Crimson Sentry’) ‘Columnare’ Red Maple (Acer rubrum ‘Columnare’) ‘Mayfield’ Gingko (Gingko biloba ‘Mayfield’) ‘Princeton Sentry’ Gingko (Gingko biloba ‘Princeton Sentry’) ‘Chanticleer’ Callery Pear (Pyrus calleryana ‘Chanticleer’) ‘Fastigata’ American Linden (Tilia Americana ‘Fastigata’) ‘Crimean’ Linden (Tilia x euchlora) 15 Van Dyke Road - Before & After Figure 1. and Figure 2. Illustrate Van Dyke Road, before and after beautification improvements. Figure 1. illustrates the current conditions - a landscaped median with barely any trees, color, natural plantings, or aesthetic appeal. Figure 2. illustrates the same street, from the same angle, after the Village has incorporated the landscaping beautification elements on it. There are a variety of trees species taken from the suggest plant species list, as well as native plantings at some of the tree bases and cobra head light bases. One can see the warmer, more inviting atmosphere that the landscaping gives this stretch of the public realm. Furthermore, Van Dyke Road is an important collector street in the Village as it connects residents to the downtown core and to Settler’s Park - a larger community park in the Village’s green network. Figure 1. Figure 2. 16 BEFORE & AFTER PICTURES The above pictures are before and after photos of the median at the intersection of Route 30 and Lockport Street. The before picture is how the median looks as of October 2007, when the Illinois Department of Transportation is responsible for maintaining the roadway. When ownership is transferred to the Village, the Village shall try to at a minimum sod the area, and if possible incorporate some native plantings and a tree. This intersection will be entrance point to the Village’s downtown, and it will be more visually appealing if greenery is added to the median. The photographs above illustrate IL Route 59 as it is currently, and how it could look if the Village worked with the Illinois Department of Transportation to beautify the existing median. Including a couple of trees and possibly some native prairie grass adds much beauty to the corridor. IL Route 59 is a major north south roadway, not only for the Village, but for the region as a whole. Landscaping these medians would be excellent for the Village’s image, because few towns have taken the time to beautify this road. It would make Plainfield unique, increase the Village’s air quality, as well as enhance this major roadway’s appearance. BEFORE BEFORE A F AFTER AFTER 17 BEFORE & AFTER PICTURES Continued BEFORE AFTER 1. AFTER 2. In these Before & After photos, the different types of landscaping the Village can use are illustrated. One can see the drastically different impressions different plant species emit. After 1. is colorful and beautiful, while After 2. is more naturalized. Both options are attractive and aid in beautifying the public realm. Careful consideration of what plant species should be used is necessary for each area. Depending on the area’s size, proximity to motor vehicles and other factors will effect what plant species can be planted where. Strong species must be planted on roadsides so that the grit and salt kicked up from the road traffic does not kill the plants off or prevent the plants from growing the following spring. In areas where traffic pollutants are not an issue, colorful perennials and native plants should be used. 18 BEFORE & AFTER PICTURES Continued IMMATURE LANDSCAPING To the left are photos of landscaped parkways and boulevards that are relatively new, so the trees have not had a chance to mature yet. This is how the Village’s parkways and boulevards would look shortly after extensive landscaping is installed. While attractive now, these newly landscaped areas cannot compare with their more mature counterparts (visible below). Landscaping beautifies as it matures, so what the Village does today will enhance the Village’s image for the future. What looks like dense clusters of trees today, will be beautiful canopies and shade spreading trees tomorrow. MATURE LANDSCAPING To the right are photos of landscaped parkways and boulevards that have had the time to grow and mature into beautiful canopies, and cast shade onto the ground. It provides scenic beauty for passersby, be it in automobiles or on foot, as well as a reduced heat island effect and better air quality. The Village has the potential for its public realm to look like this in the future, so long as the landscaping is installed today. The new landscaping will continue to grow and mature as the Village itself changes from a young community to a mature community. 19 LIGHTING Lighting is another important aspect in the beautification of the Village of Plainfield’s public realm. The design of lighting structures has a dramatic impact on an area. Traditional, elegant lighting fixtures are welcoming to the public, while utilitarian, steel structures are unattractive and uninviting. Lights that are mounted on black poles are encouraged throughout the Village because black minimizes their presence in the environment. It also reduces glare and gives higher visibility to traffic signals. The Village of Plainfield will try to implement lighting fixtures that are elegant and timeless throughout parks and streets in the public realm. Note the simplicity and uniqueness of this lighting fixture. This lighting structure is wall mounted, and incorporates beautiful iron work and detail. A lighting structure like this has historical significance but will remain timeless and beautiful forever. The Village shall aim to incorporate more details to beautify the lighting structures in the public realm. ROADWAY DESCRIPTIONS To aid in deciding what types of lighting fixtures shall be allowed in different areas of the public realm, Village staff has looked at the Comprehensive Plan and based on roadway type or open space, has identified suitable lighting structures that can be built there. These breakdowns are visible in Table 1. and Table 2. on the following page. Note that public parks and open spaces shall all be lit with attractive column lights or wall mounted lighting. This will aid in preserving the small town character that the Village historically has had and beautify the public realm. As previously mentioned, the main focus of the Beautification Plan will be focused on Arterial roadways and collector streets that connect the Village’s green network on a larger scale. This, along with nationally recognized good design standards, has identified the higher quality of lighting fixtures the Village is looking for in these areas. These photos do a nice job illustrating how the Village can attractively light public parks and green spaces to encourage residents to gather there for recreational purposes. 20 Table 1. Freeway/Expressway: Provides a high level of mobility within and between metropolitan areas. Major Arterial: Provides high level of mobility within and between major sub-areas of a metropolitan area. Minor Arterial: Provides mobility within and between adjacent sub-areas of a metropolitan area. Collector Street: Provides mobility between neighborhoods and other land uses. Local Street: Provides mobility within neighborhoods and other homogeneous land use areas. Table 2. ROADWAY TYPES R O A D S Freeway/Expressway Major Arterial Minor Arterial Collector Street Local Street IL - 55 IL Route 59 111th Street Drauden Steiner **Various Streets** IL 126 127th Street Heggs Rd. US Route 30 Renwick Rd. Van Dyke Rd. 119th Street County Line Rd. Plainfield-Naperville Rd. 143rd Street 248th Street Caton Farm Rd. Book Rd. WIKADUKE Trail Essington Rd. 135th Street Lockport Street Walker Rd. 21 EXISTING VILLAGE LIGHTING STRUCTURES & LANDSCAPING This is an illustration of Van Dyke Road as it is in August of 2007. This is what the Village aims to move away from. Improvements could be made on this road by incorporating a more attractive lighting structure, and installing trees and other landscaping clustered throughout the median. On the left is an illustration of a successfully landscaped median. The lighting fixture is of a higher standard than the typical Cobra Head light, and there is an attractive landscaping installed for visual interest. The bright red color of the fire hydrant complements and adds additional color to the site as well. On the right is an illustration of an attractive, newly installed landscaped median. Once the landscaping matures and the trees and shrubs are larger, this will be a beautiful accessory to the neighborhood it is located in. The column light is an attractive form of lighting as well, and the black pole it is mounted on blends in nicely to the surroundings. This is an illustration of 127th Street, in October of 2007, after road improvements took place. Note the aesthetic value that these black cobra head lights add to the median, compared with the grey cobra head lights on Van Dyke Road in the top right picture. These lighting fixtures are much more attractive, but the landscaping will need to be improved as this street has minimal trees on it. 22 GATEWAY ENTRANCES A goal in urban design is to incorporate a focal point monument at significant street corners and traffic ovals to announce one’s arrival into a community. Individual subdivisions may have these monuments, as well as cities and villages. As previously mentioned, the Village of Plainfield has one focal point monument at one of its significant corners – IL Route 59 and Main Street. This corner marks the entrance to the Village’s historic downtown. Village entries should be highlighted with plantings, signs, and medians to provide a strong community identity. To further complement these items, artwork, arches, and flags should be incorporated as well. To the right is an example of a gateway entrance at the southwest corner of IL Route 59 and Main Street. Note the attractive sign, complemented by landscaping. To the left is the same gateway entrance, complemented by additional landscaping. The seasonal mums, purple coneflower, and two trees help frame the sign better and add color and livelihood to the area. A well complemented sign would be the perfect entrance to the Village’s downtown core. 23 EXISTING GATEWAY ENTRANCE OPTIONS These are pictures of the Village’s existing gateway entrance signs. Note how as one looks downwards from the top picture, the signs become smaller and less monumental, and have increasingly less landscaping. A goal of the Beautification Plan is to make these signs more monumental and of a higher quality as illustrated on the following page. Improvements can be made to the monument signs by adding more landscaping or upgrading the quality of materials used in their creation (specifically for the bottom two signs). The bottom sign, which is metal, should be made more attractive by using quality black, decorative iron, or being made into a brick pillar. It is small elements like this sign that can add character and charm to the public realm of the Village. Improving these signs will signify to Village residents and visitors that the Village takes pride in its appearance. 24 The Village will use a consistent signage theme throughout to create an attractive, uniform identity in the public realm. There are several possibilities for a theme that are outlined in the Beautification Guidelines. The favorites are illustrated as follows. IRON THEME The iron theme provides a variety of signage options with transparent signage. It is both decorative and elegant, and versatile as it can expand from signs to poles and lighting structures. Iron signs have a sort of classic simplicity to them and appeal to many. These signs are most suitable for smaller informational signs, and compacted entrances as illustrated below. MONUMENTAL GRANDEUR THEME The monumental grandeur theme focuses on larger signs crafted out of brick and other masonry materials. Using this style, the Village would aim to utilize Prairie Style architecture, to connect residents to the historic past of Plainfield as a rural community. Sketches for proposed signage options are available on the following page, but below are some large monuments that illustrate how the proposed massing and integrity of the sign would be. 25 BEAUTIFIED GATEWAY ENTRANCE OPTIONS Implementing the ideas from the previous page, here are conceptual images of what the Village’s new gateway entrance signs will look like. Display 1. The monument sign at the southwest corner of IL Route 59 and Route 126 will be improved with the addition of landscaping to add color and beautify the entrance to the Village’s historic downtown. The sign itself is already of a high quality, so it does not need to be replaced. Display 2. The Village Hall sign is already an attractive, prairie styled monument that, like Display 1., only needs to be enhanced with landscaping. Note the brightly colored, seasonal mums, native black eyed susan’s and cordgrass planted at the sign base. The metal sign just north of 119th Street, along Rt. 59 is the type of sign that will be removed and replaced with a sign with more monumental grandeur, or a more aesthetically pleasing sign, with decorative iron work. These styles of signs will be what the Village uses at smaller gateways, where a large public right of way is not available, or a larger monument sign (as illustrated in Display 1.) is not practical. Display 3. These bottom two displays illustrate the attractive, quality signs that will be used for permanent identification signs. They will vary between decorative wrought iron, and elegant masonry posts. DISPLAY 1. DISPLAY 2. DISPLAY 3. 26 PROPOSED GATEWAY ENTRANCES The locations identified on this map with a red rectangle are locations that the Village proposes as gateways and major entrances to the city. These will be the locations that the Village focuses on replacing or enhanc- ing existing signage, and adding attractive landscaping and lighting fixtures. These locations are located near the streets that have been designated as key streets in the Village’s green network, and at locations where people from other towns will enter the Village in high traffic volumes. Major Boulevards/Parkways Gateway Entrance Locations 27 OTHER SIGNIFICANT LOCATIONS & ENTRYWAYS There are many other locations in the Village that are not considered gateway entrances, but are very important parts of the public realm. These locations include pocket parks, green spaces, civic areas such as the Plainfield Public Library grounds or Settlers Park and more. To create an identity for these important locations, effort shall be made to install centerpieces, attractive signage, and public art for visitors and residents to enjoy. The photos below illustrate attractive signage, a floral centerpiece and a famous public art display that helps create a unique sense of place for other towns. Figure 1. Figure 2. Figure 3. Figure 1. illustrates an attractive sign that communicates information to the public. Instead of having a standard white, metal sign to identify a parking lot and its hours of operation, this well known suburb has chosen to use a higher quality, attractive sign that will contribute positively to the area’s atmosphere. The sign is simple, but has decorative touches that the Village will use to beautify its public realm and create a unique identity. Figure 2. is a photo taken in the same suburb as the photo in Figure 1. Figure 2. illustrates a beautiful floral centerpiece in a pocket park. The centerpiece is further accented with landscaping at its base. The centerpiece is colorful, and can be changed each season to represent different themes. It is attractive and will draw people to the area for meeting places, photo opportunities, recreation and relaxation. The Village will use centerpieces similar to this in its own pocket parks and meeting areas to create a sense of place and beauty. Figure 3. is the famous public art display known as “The Bean” in Chicago, Illinois. The Bean draws tourists and Chicago residents to it by the thousands because of its location, beauty, and tasteful reflection of the Windy City. While the Village of Plainfield may not have as famous a piece of public art in town, it will incorporate public art in significant areas of the public realm. Like Chicago, it will attract visitors and residents to the area to meet, socialize, and relax. It will strengthen the community’s character. 28 WAY FINDING & IDENTIFICATION SIGNAGE Left: National Sign Plaza program for builders & developers. Center: Downtown way finding signage. Right: Downtown parking signage. Left: The Village’s existing historic Lincoln Highway identification and directional sign. Right: An example of the Village’s identification signs. The Village has a couple of different way finding signage options in place. The majority of them, as illustrated above, are temporary in nature, or located in the downtown core. If located in the downtown core, the Village’s Streetscape Plan will address them, so there is no need to develop a design scheme with the Beautification Plan. The temporary signs will be completely removed eventually, so the Beautification Plan will not address these either. The permanent identification signs are what must be addressed via the Beautification Plan. Each of these signs are of low quality, and add clutter and no visual appeal to the Village’s roads. Signs like these must be replaced with more attractive signs of an Iron or Monumental theme. Plainfield’s Historic Lincoln Highway sign is a small metal sign on a cobra head light. The picture adjacent illustrates another town’s Lincoln Highway identification sign as a sign placed into a prairie style brick pillar. This is the type of permanent identification signs the Village will replace the older, unattractive metal signs with. If the monumental column is too costly, the Village will resort to an elegant, decorative iron sign as illustrated in the Iron Theme section of the Beautification Plan. 29 GOALS & STREET OBJECTIVES GOALS I. Install additional landscaping to landscaped boulevards and parkways. II. Improve the quality and aesthetic value of existing lighting fixtures by painting them black or replacing them altogether; as well as utilize higher lighting standards in any new lighting fixtures being erected by requiring them to be black in color or of higher quality than cobra head lights. Energy efficient lighting structures shall be used whenever possible for environmental, social and economical reasons. III. Install gateway entrances at the designated locations throughout the Village. IV. Improve way finding signage options throughout the Village. Round-a-bout on Drauden Road. STREET OBJECTIVES 119th Street - (Major Arterial) 119th Street currently has relatively bare parkways, overhead utility lines and cobra head lights. As for development occurs and this arterial becomes a major east-west thoroughfare, efforts will be made to install additional landscaping in the parkways, paint or replace the existing lighting fixtures with ones of higher value, as well as install a gateway entrance at the corner of 119th and IL Route 59. This will help shield the utilities on the road, as well as beautify the corridor for passersby. 30 127th Street - (Minor Arterial) This roadway already has landscaping medians and lighting fixtures installed on it, but there is much room for improvement. More extensive landscaping needs to be installed, and efforts should be made to install column or pipe lighting fixtures. This street will be a highly traveled street throughout the Village, and will have a lot of visitors on it because it runs adjacent to the Edward’s Hospital Site. Additionally, there are a couple of large park and open space areas adjacent to this road, so the road is an important element in the Village’s “Green Network.” Beautifying this road will give Village visitors good impressions of the Village’s character. 143rd Street - (Major Arterial) This roadway will become a major east-west transportation option in the future, once Rt. 30 is rerouted and more development occurs on the western border of the Village. This arterial travels directly through the Village’s center and therefore is an important connector. The roadway has already been improved and is having a bike path installed on the southern border to add to the Village’s Open Space and Trails Plan. It will be important to beautify this roadway so that automobiles and pedestrians/bikers will have a scenic route to travel on. Drauden/Steiner Road - (Collector) Similarly to Van Dyke Road, this roadway already has landscaped medians and lighting fixtures installed on it, but there is much room for improvement. More extensive landscaping needs to be installed, and efforts should be made to install column lighting fixtures rather than the existing grey cobra-heads. This roadway is a major connector to the Village’s southern subdivisions and is adjacent to many greenways. It serves as an important north- south street in the Village’s “Green Network.” 31 IL Route 59 - (Major Arterial) Route 59 is one of the busiest road- ways in the Village, and it extends from the northern border, to the southern border, connecting the Vil- lage to Naperville and Joliet. The northern portion of this roadway already has a landscaped median in the center of it, however, there are no trees or attractive landscaping installed. Improving the appearance of this median, along with the parkways in the southern portion of the Village, will allow people to know when they are entering and leaving Plainfield. It will identify the Village’s reputation, as well as soften up the Route 59 commercial corridors. Renwick & Wheeler - (Minor Arterial) This arterial will be a major east - west connection in the future. Again, this arterial should be designed with an extensively landscaped median, and have improved lighting fixtures installed. Ridge (WIKADUKE) - (Major Arterial) Ridge Road is an already existing roadway, but will become part of the WIKADUKE Trail in time. The existing roadway already has land- scaped medians and cobra head lighting fixtures on it, but needs improvements. More extensive landscaping will be installed and the lighting fixtures must be im- proved. In the future this roadway will be con- structed to handle high volumes of traffic as it will connect several different communities. This road- way is important for the Village’s image as well as for the “Green Network,” because it will provide a route to larger, regional open spaces and parks. Van Dyke Road - (Collector) This roadway already has landscaping medians and lighting fixtures installed on it, but there is much room for improvement. More extensive landscaping needs to be installed, and efforts should be made to install column lighting fixtures as this road is classified as a collector street and leads directly into the Village’s downtown core and Settlers Park - a community open space. 32 ADDITIONAL COMMENTS & CONCERNS This Beautification Plan shall be carried out in conjunction with other initiatives the Village is utilizing to enhance the aesthetics of the community, promote environmental sustainability, and promote safety throughout. Many of the goals and ideas mentioned within this document will be addressed as redevelopment occurs and roadway improvements are completed. This plan incorporates similar ideas to the Village’s Downtown Streetscape Plan, which includes landscaping, signage, façade improvements and more. That is the reasoning behind not creating a separate downtown goal. There may be roadways where the Village may not be able to replace cobra head lighting fixtures with new, higher quality fixtures. Though replacement is preferred, in these instances, all possible measures should be taken to reduce the visual effects of the existing lights. This could be done by making the lighting fixtures black, or planting additional landscaping around them to soften the visual impact of the grey poles. As one can see in this photo, painting the cobra head black softens the visual impact of the lighting structure. While still not ideal, a black fixture, or stone accented fixture is more desirable than a grey/silver fixture. 33 APPENDIX Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number OB #1 Tracking Number EDC 2014-29 Zoning Ordinance Update EDC/October 9, 2014 8/5/2014 Direction given to staff. Majority Recommendation Review and recommendation of a proposed new Zoning Ordinance. Krysti Barksdale-Noble Community Development Name Department 1 SUMMARY: As the Economic Development Committee (EDC) will recall, staff presented a preliminary draft of the Zoning Ordinance Update, as recommended by the Zoning Commission, at the August 5, 2014 meeting. At that time, staff reviewed the proposed revisions with the EDC and also discussed the public feedback received with regard to the preliminary draft ordinance at the Zoning Commission’s open house held on July 23, 2014. Since that time, the draft ordinance has also been presented to the Plan Commission at their August 13th meeting. Staff has taken the comments from the public and the various committees and commissions which have reviewed the draft ordinance and compiled the responses below. A revised draft Zoning Ordinance has been attached for your reference which incorporates staff recommended changes based upon the feedback received. Upon recommendation by the Economic Development Committee (EDC), the Zoning Commission will conduct a public hearing on the revised draft and forward its defi nitive recommendation to the City Council for final determination and adoption. OPEN HOUSE RECOMMENDATIONS: At the culmination of the Zoning Commission’s review and preliminary recommendations for the Zoning Ordinance update, staff held an open house on July 23, 2014 at the Yorkville Public Library. The following are comments/recommendations for additional revisions to the preliminary draft of the Zoning Code proposed by the public which attended this event: Comment #1: Proposed new name designation for “B-2, Retail Business District” may be confusing as they do not appear to include commercial non-retail users (e.g. Advertising Agency, Bicycle Repair Shop, Bookkeeping Service, etc…) Response: Staff has revised the name of the “B-2 District, Retail Business District” to B-2, Retail Commerce Business District”. Comment #2: Add “Bed and Breakfast Inn” as a special use in the E-1 Estate District and R-1Single – Family Suburban Residence District (originally proposed to include in the R-1 Single- Family Suburban and R-2 Single-Family Traditional Residence Districts). Response: Chapter 6: Permitted and Special Use Table has been revised to include “Bed and Breakfast Inn” as a special use in the E-1 Estate District and -. Comment # 3: Increase the maximum height for E-1, Estate District from 25 feet to 40 feet (3 stories). Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Kathleen Field Orr, City Attorney Date: September 16, 2014 Subject: Zoning Ordinance Update – Proposed Recommendations 2 Response: Chapter 7: Dimensional and Bulk Requirements have been revised to increase the maximum height in the E-1 Estate District from 25 feet to 40 feet (3 stories). Comment #4: Certain images depicted in Chapter 11 Residential Districts and Chapter 12 Business Districts were illustrated inaccurately with regard to the location of the maximum building height. Response: Revisions have been made to the illustrations in Chapters 11 and Chapter 12 with regard to maximum building height to accurately depict the points of measurement. Comment #5: Question regarding how lots at the bulb of a cul-de-sac are not considered to be “flag lots” which will be prohibited per the revised Zoning Ordinance. Response: Per Chapter 7.09.10 of the Standard Specification of the Yorkville Subdivision Control Ordinance, lot widths are measured at the building setback line, and may be reduced ten percent (10%) at the end or bulb of a cul-de-sac, providing the lot area meets the requirements of the Zoning Ordinance. Comment #6: Question regarding Chapter 16: Off-Street Parking, if the green color depicted in the images in Figure 10.16.01 Parking Stall and Aisle Dimension Key and Figure 10.16.02 Parking Stall Dimensions represent required landscaping. Response: Staff has revised the color of the images in these figures from green to black. Comment #7: Question regarding Chapter 16: Off-Street Parking, if the measurements for minimum parking stall and aisle dimensions in Figures 10.16.01 and 10.16.02 are from the edge of the curb or from the back of the curb? Response: Staff has revised the language in Section 10-16-13B of Chapter 16: Off-Street parking (bottom of page 3 of this chapter) to read: “All measurements start from the edge of the pavement in front of the curb.” Comment #8: Is there an option for land banking bicycle parking spaces? Response: Section 10-16-17 of Chapter 16: Off Street Parking establishes provisions for land banked parking. Land banked parking allows for designating a portion of land on a site that would be required for parking to be preserved as open space, rather than constructed as parking, until such time capacity warrants their construction. Since the installation of bicycle parking is not required, but an incentive for the reduction of required parking stalls, bicycle parking is not eligible for land banked parking. Comment #9: Various comments related to Chapter 19: Alternative Energy Systems such as minimum setbacks, maximum height, and maximum number of units. Response: Refer to “Chapter 19: Alternative Energy Systems Recommendations” below. Comment #10: Recommendation in Chapter 20: Signs to revise Section 10-20-9-A-3 and Section 10-20- 10-A-3 to reduce the nighttime nits for electronic message display panels in the Business and Manufacturing Districts to less than 1,750. 3 Response: While staff understands the concern with regard to nighttime light “pollution” and light intensity, we believe the maximum nits (luminance unit equal to one foot candle per square meter) of 1,750 is not only consistent with other surrounding communities regulations surveyed (Plainfield and Oswego), but we have not had any formal complaints about the intensity of the already approved and constructed electronic message display panels since this ordinance was adopted in 2012. Further, it could render those previously approved signs as legal non-conforming and subject to elimination in 5 years according to the amortization schedule in Section 10-15-4. Therefore, it is staff’s recommendation to not revise this section of the ordinance. EDC RECOMMENDATIONS: Below are the comments presented to staff at the August 5, 2014 Economic Development Committee meeting regarding the proposed preliminary draft of the Zoning Ordinance Update. Comment #1: Question related to proposed change to Chapter 15: Nonconforming Buildings, Structures and Uses; particularly regarding Section 10-15-5B for legally non-conforming duplex units zoned R-2 Single-Family Traditional Residence District which proposes these units have at least 75% damage or destruction before being brought into conformance. The comment from EDC was not to extend the damage and destruction rule beyond the 50% before having to bring the property into compliance just because the units share a common lot. Response: Staff and the City Attorney believes that the exemption of the “50% rule” for existing duplexes in the R2 District is warranted and fair as it does not unnecessarily displaces current residence should their neighbors duplex be damaged or destroyed beyond 50% of its value. Additionally, should we not approve this recommendation; it may be difficult for potential future buyers of these existing legally non-conforming duplexes to obtain mortgages. Comment #2: Comments/questions related to wind turbine systems, particularly vertical axis units with larger kilowatts. Response: Refer to “Chapter 19: Alternative Energy Systems Recommendations” below. Comment #3: Discussion regarding building height measurement to the highest peak of the roof or, as proposed, taken from an established grade (sidewalk level or its equivalent grade) opposite the middle of the front of the building to the highest point of the roof in the case of flat roof; to the deck line of a mansard roof; and the mea n height level between eaves and the ridge of a gable, hip or gambrel roof. Response: Staff maintains the proposed definition of measuring the building height from the sidewalk level or established grade is equitable as all structures will have comparable visibility along the adjacent frontage and it will create a seemingly balanced roof -top horizon. Additionally, staff proposed this question via the Civic Artworks – Visualize Yorkville Zoning website and approximately 78% of the responding public supported the proposed measurement from a fixed starting point established by the average of the two grades along each side lot line to the highest point of the roof. 4 Comment #4: Question regarding “adult-daycare facility” as a Special Use within the OS-2 Open Space District (Recreational) which is a district established to create land use regulations for city-owned recreational areas and park land in the City of Yorkville. Response: Staff maintains that adult-daycare facilities, serving elders and adults with special needs, shall be viewed similarly to child daycare facilities, as they both provide a service to the community and can easily be integrated into a recreational day program offered through the City’s Parks and Recreation Department. Additionally, the OS-2 District is intended to provide a safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. While child daycare facilities are permitted in both the OS-1 and OS-2 Districts as Special Uses, staff is only proposing to identify adult- daycare facilities as a Special Use in the OS-2 District. Comment #5: Request to add “Bed and Breakfast Inn” as a special use in the E-1 Estate District and R-1Single – Family Suburban Residence District. Response: Refer to Open House Comment #2 Responses. Comment #6: Request to modify Chapter 6: Permitted and Special Uses to add “Boat Sales and Rentals” and “Boat Storage” as Special Uses in the OS-1 Open Space District (Passive). Response: Staff has revised Chapter 6: Permitted and Special Uses to add “Boat Sales and Rentals” and “Boat Storage” as Special Uses in the OS-1 Open Space District (Passive). Comment #7: Questions regarding billboard/signage content regulation for adult uses. Response: Per the City Attorney’s recommendation, staff has included the words “or otherwise deemed to be obscene” in Section 10-14-9 Exterior Signage and Display to provide a blanketed statement for leeway in content control without being too specific which may lead to an infringement of 1st Amendment rights. Comment #8: Recommendation to Chapter 7: Dimensional and Bulk Requirements with regards to R-2 Traditional Residential District maximum density to reduce the number of dwelling units/acre from 3.3 to 3.0. Response: Revision to Chapter 7: Dimensional and Bulk Requirements regarding maximum density in the R-2 Traditional Residential District have been made to 3.0 dwelling units/acre. Comment #9: Recommendation to Chapter 7: Dimensional and Bulk Requirements with regards to the R-4, General Multi-Family District to increase the maximum dwelling unit height for structures from 30 feet (2.5 stories) to 40 feet (3 stories). Response: Chapter 7: Dimensional and Bulk Requirements have been revised to increase the maximum height in the R-4, General Multi-Family District from 30 feet (2.5 stories) to 40 feet (3 stories). Comment #10: Recommendation to add the identification of the “front”, “rear” and “side” yard setback on the bulk and dimensional illustrations in Chapters 11, 12 and 13. 5 Response: Revisions to Chapters 11, 12 and 13 graphics have been revised to illustrate the “front” “rear” and “side” yard setback. Comment #11: Various comments related to Chapter 19: Alternative Energy Systems such as minimum setbacks, maximum height, and maximum number of units. Response: Refer to “Chapter 19: Alternative Energy Systems Recommendations” below. Additionally, as part of the discussion during the August 5th EDC meeting, it was requested that staff invite the wind and solar professional who spoke to the Zoning Commission when they were formulating their recommendations for Chapter 19: Alternative Energy Systems. Steve Reddington of the Sullivan Energy Group will be present at Tuesday night’s meeting to address questions of the EDC and provide additional information to support the proposed recommendations of the Alternative Energy Systems chapter of the Zoning Ordinance Update. PLAN COMMISSION RECOMMENDATIONS: At the Plan Commission meeting held on August 13, 2014, staff previewed the preliminary draft of the Zoning Code Update. While only one specific direction was given to staff by the entirety of the Commission which related to the incorporation of regulations for outside/sidewalk displays, staff did meet one-on-one with Plan Commissioner Deborah Horaz on September 11th to discuss her proposed revisions to the Zoning Code Update. Both the Plan Commission’s comment and Commissioner Horaz’s comments are addressed below: Comment #1: Recommendation to add regulations regarding outside/sidewalk displays within the business districts. Response: Staff has included new regulations in Section 10-3-11: Outdoor Displays of Chapter 3: General Zoning Provisions which regulates outside/sidewalk displays of merchandise and wares for uses in the business and manufacturing districts. Comment #2: Recommendation to specify in Section 10-3-2-D of Chapter 3: General Zoning Provisions that fencing shall not be permitted within the front yard in residential and business districts. Response: Staff has revised Section 10-3-2-D of Chapter 3: General Zoning Provisions and Section 10-17-2-B of Chapter 17: Fencing and Screening” to stipulate “fencing shall not extend beyond the front plane of the primary structure’s façade in residential and business zoned districts.” Comment #2: Recommendation to limit the number of trailers and boats permitted to be stored in the open on lot to a maximum of one each, for a total of two (e.g. 1 trailer and 1 boat). Response: This has already been contemplated in the ordinance. Per Section 10-3-7-C, only one (1) trailer may be parked or stored openly in the driveway of a residential lot and shall not block the pedestrian way or sidewalk. Also, per Section 10-3-7-G, only one (1) boat may be stored or parked on a lot containing a dwelling. 6 Comment #3: Recommendation to prohibit telecommunication towers in the E-1 Estate District. Response: Staff recommends keeping the proposed identification of telecommunication towers as Special Uses in the E-1 Estate District due to the additional requirements that (1) the parcel where the telecommunication tower is located must be at least 2 acres in size and (2) the total height of the structure must be less than the distance from the base of the structure to the closest property line of all adjacent parcels. Additionally, this question was posed to the public as part of the Civic Artworks Visualize Yorkville civic engagement campaign, and the ability to have cellular (telecommunication) towers on large-lot residential parcels was viewed favorably. Comment #4: Suggestion to maintain the existing thirty-five foot (35’) height maximum for buildings in the downtown. Response: Staff maintains its recommendation of lifting the maximum height restriction of thirty- five feet (35’) in the downtown area to eight feet (80’), as this is consistent with the maximum allowable height in the B-1 and B-2 zoning districts primarily found in the downtown. The height increase will also promote various types of development in the downtown area (hotels, condominium, etc.) which could not be supported by a 35 foot maximum height. Finally, this question was posed to the public as part of the civic engagement program created by Civic Artworks and the feedback was overwhelmingly supportive of the proposed building height increase. Comment #5: Recommendation to specify that all vehicular parking shall be located on a hard surface within Chapter 3: General Zoning Provisions. Response: Section 10-11-3-F-5 of the Yorkville City Code already addresses this recommendation as follows: “Surfacing: All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent.” Therefore, this recommendation has not been incorporated into the text of the Zoning Ordinance Update. Comment #6: Recommendation to revise Section 10-3-2-D-1-G of Chapter 3: General Zoning Provisions to limit the maximum height of flagpoles. Response: Section 10-3-2-D-1-G of Chapter 3: General Zoning Provisions has been revised to read “g. Flagpoles, provided that the overall height does not exceed the permitted maximum height of structures for the district in which it is located.” Comment #7: Recommendation to explicitly prohibit pole signs in Section 10-20-7 of Chapter 20: Signs. Response: While Chapters 10-20-8A, 10-20-9A and 10-20-10A clearly species the building construction and material of free-standing signs in the Residential, Business and Manufacturing zoned districts; staff has revised Section 10-20-7 of Chapter 20: Signs list “pole signs” as a prohibited sign type. Comment #8: Recommendation to either prohibit galvanized chain link fencing or allow chain link fencing as a permitted fence type in the rear and side yards only. Also, limit the permitted colors to black, green or clear vinyl coating. 7 Response: While staff received mixed reviews on the allowance of galvanized chain link fencing as a permitted residential fence material, we believe the compromise of permitting vinyl coated chain link fence is acceptable. With regard to placement of vinyl coated chain link fencing, staff has revised Section 10-17-2-E-2 of Chapter 17: Fencing and Screening to read “ [t]he following materials are acceptable for any residential district fence:…Vinyl Coated Chain Link, rear and side yards only” and Section 10-17-2-F- 2 of Chapter 17: Fencing and Screening to read “ [t]he following materials are acceptable for any business district fence:…Vinyl Coated Chain Link, rear and side yards only”. Staff does not support limiting the permitted colors of vinyl coated chain link fences, as the other fence types (wood, vinyl, etc...) have not been restricted in this way. Comment #9: Recommendation to prohibit or at least establish strict regulations for hydraulic fracturing, or “fracking” within the manufacturing district. Response: Staff recommends refraining from providing regulations for hydraulic fracturing (“fracking”) as the State legislature just received proposed rules for high -volume oil and gas extraction from the Department of Natural Resources on August 29, 2014 and have asked for an extension to review the DNR rules. Additional consideration with regards to overall health and environmental impacts are being discussed and it is anticipated no final determination on the State’s part will occur before the end of the year. Since Yorkville is a on home-rule community, it is staff’s recommendation to wait until the State has set forth its regulations before adopting local level requirements which may or may not as strict as the State. CHAPTER 19: ALTERNATIVE ENERGY SYSTEMS RECOMMENDATIONS: As part of the Zoning Code Update process, the proposed Chapter 19: Alternative Energy Systems recommendations has been reviewed at the previously by the public at the Open House session held in July and at the Plan Commission and EDC meetings in August. Moreover, thi s chapter has also received the most comments and questions and staff felt it best to combine these concerns under a separate heading and address comprehensively. The majority of the concerns related to the Alternative Energy Systems chapter recommendations revolve around the following general topics: (1) Potential system nuisances (e.g., shadow flicker form wind turbines and glares from solar panels); (2) size and height/clearance of systems; (3) maximum number of various types of alternative energy systems per lot; (4) supports for the systems (guy wires); and (5) side-wall mounting of wind energy systems. \ As requested by the EDC, staff has asked Steve Reddington, the solar and wind energy consultant who spoke with the Zoning Commission during their research and ultimatel y guided them through proposing recommendations for regulating alternative energy systems, to review and make any additional adjustments to the preliminary draft of this chapter. With consideration to the comments provided by Mr. Reddington, below are the modifications staff made to address the specific concerns expressed regarding Chapter 19: Alternative Energy Systems. Comment #1: Potential System Nuisances (e.g. shadow flicker from wind turbines and glares from solar panels). Response: Shadow flicker from Wind Energy Systems (WES) is addressed in Section 10-19-4: General Regulations of Chapter 19 and states that “no habitable portion of an existing structure shall be subject to shadow flicker from a wind turbine.”However, shadow 8 flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors and the lie openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause shadow flicker. The flicker effect happens only when the sun is very low in the sky and the shadow of the horizontal-axis wind turbines blades reflects onto other properties. Vertical-axis wind turbines have a swept blade design and are not prone to casting the flicker affect. Solar glare from roof-top mounted solar panels is unlikely unless the adjacent building or structure is at least thirty-feet (30’) higher than the building where the panels are installed. However, staff has added the following regulation to Chapter 19 as Section 10-19-7-E “Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.” Comment #2: Size and height/clearance of systems. a. Maximum height for free-standing solar energy systems? b. Increase maximum height for flush-mounted rooftop solar energy systems from 4 inches to 6-8 inches. c. Maximum diameter for free-standing solar systems? Response: a. Staff has revised Section 10-19-7: Freestanding Solar Energy Systems to add “F. Maximum height for free standing solar energy systems are subject to Special Use condition.” b. Staff has revised Section 10-19-8: Building Mounted Solar Energy Systems to read “B: Height: Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitch roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof, unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush mounted, the system must be less than eight (8) inches from the roof surface. c. Maximum size and diameter for free-standing solar systems will be subject to the special use condition. Comment #3: Recommendation to limit the total combination of permissible alternative energy systems per lot to two (2) or three (3) types. Response: Staff is not recommending to limit the total combination of permissible alternative energy systems per lot to a specific number as the total combination as presented would be four (4) types inclusive of building mounted wind energy system (BWES), building mounted solar energy system (BSES), freestanding wind energy system (FWES) and a freestanding solar energy system (FSES). Additionally, it most likely will be economically inefficient to have both a buil ding mounted and ground mounted units of the same system. Comment #4: Recommendation to prohibit the use of guy wires as supports for any freestanding alternative energy system. 9 Response: Staff has revised Section 10-19-5-C and Section 10-19-7-C to add “The use of guy- wires as supports for a freestanding wind energy system shall be prohibited. Comment #5: Comment regarding regulations for side-wall mounted wind energy systems. Response: While side wall mounted wind energy systems are available, according to industry professionals they are rarely if ever used in t he residential setting as roof-top systems are most common and economical. As the preliminary draft currently reads, only roof and freestanding systems are permitted. Comment #6: Recommendation from the consultant to revise Section 10-19-4: General Requirements of Chapter 19: Alternative Energy Systems to clarify that lighting is permissible with solar and wind powered systems when used in commercial applications such as streetlights. Also, revise the same section to reduce the emergency contact information sign size from four (4) square feet to no more than two (2) square feet and not require it to be readable form thirty (30) foot distance from any direction, as this may be too large and intrusive in a residential setting. Response: Based on the comments from the consultant, staff has revised Section 10-19-4-F of Chapter 19: Alternative Energy Systems to read “…Said sign shall not exceed two (2) square feet in size.” And Section 10-19-4-I of Chapter 19: Alternative Energy Systems to read “Lighting: Alternative Energy Systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights.” STAFF COMMENTS: Staff believes the aforementioned comments and revisions adequately address the concerns expressed at the Open House public preview, Plan Commission and Economic Development Committee meetings. The proposed draft document as revised is not the final version of the ordinance, but is what staff recommends forwarding to the Zoning Commission to present at an upcoming public hearing for final public feedback prior to consideration and adoption by the City Council. If the EDC is comfortable with the recommended revisions as outlined in staff’s memo, a public hearing should be conducted by the Zoning Commission in November and within 30 days after the final adjournment of the hearing a final recommendation of the proposed ordinance can be submitted to the City Council for action. Per State Statute, the City Council may enact the ordinance with or without change, or may refer it back to the commission for further consideration. The zoning commission shall cease to exist upon the adoption of a zoning ordinance. Staff is seeking a recommendation to proceed to the next step of a public hearing before the Zoning Commission. We will be available at Tuesday night’s meeting to address any questions or concerns of the committee related to this item. ZONING ORDINANCE UPDATE United City of Yorkville Acknowledgements Zoning Commisson Mike Crouch, Chairman Jeff Baker, Member Greg Millen, Member Gary Neyer, Member Phil Haugen, Member Pete Huinker, Member Al Green, Member City Staff Bart Olson, City Administrator Krysti Barksdale-Noble, AICP Community Development Director Chris Heinen, Planner Jason Engberg, Planning Intern TITLE 10 - ZONING Table of Contents Chapter Zoning Purpose and Interpretation 1 Rules and Definitions 2 General Zoning Provisions 3 Zoning Administration and Enforcement 4 Zoning Districts and Maps 5 Permitted and Special Uses 6 Dimensional and Bulk Requirements 7 Planned Unit Developments 8 Zoning Districts 9-13 A-1, Agricultural District 9 OS, Open Space District 10 OS-1, Open Space District (Passive) 10A OS-2, Open Space District (Recreational) 10B Residential Districts 11 E-1, Estate District 11A R-1, Single-Family Suburban Residence District 11B R-2, Single-Family Traditional Residence District 11C R-2 Duplex, Two-Family Attached Residence District 11D R-3, Multi-Family Attached Residence District 11E R-4, General Multi-Family Residence District 11F Business Districts 12 O, Office District 12A B-1, Local Business District 12B B-2, Retail Commerce Business District 12C B-3, General Business District 12D B-4, Service District 12E Manufacturing Districts 13 M-1, Limited Manufacturing District 13A M-2, General Manufacturing District 13B Performance Standards 13C Aggregate Materials Extraction Requirements 13D Adult-Oriented Uses 14 Nonconforming Buildings, Structures, and Uses 15 Off Street Parking and Loading 16 Fencing and Screening 17 Telecommunication Towers, Antennas and Facilities 18 Alternative Energy Systems 19 Signs 20 [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 1 Zoning Purpose and Interpretation 10-1-1: Title This Title, including the Zoning District Map made a part hereof and all amendments hereto, shall be known, cited and referred to as the UNITED CITY OF YORKVILLE ZONING ORDINANCE. 10-1-2: Authority This zoning ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois state law. 10-1-3: Applicability Unless otherwise expressly exempt, the zoning ordinance applies to all land use, structures, buildings, and development within the City’s corporate boundaries and extending beyond the corporate limits as allowed by Illinois state law. 10-1-4: Intent and Purpose This Title is adopted with the intent to set forth regulations and standards for the following purposes: A. To promote and protect the public health, safety, morals, comfort and general welfare of the people; B. To divide the City into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses; C. To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas; D. To provide adequate light, air, privacy and convenience of access to property; E. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health; F. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas in order to provide adequate light, air, privacy and access to property; G. To fix reasonable standards to which buildings or structures shall conform therein; H. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; I. To prevent additions to, or alteration or remodeling of certain, existing non-conforming buildings imposed hereunder; J. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles; K. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; L. To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them; M. To conserve the taxable value of land and buildings throughout the City; N. To encourage innovative and low-impact development techniques through the reduction of stormwater run-off, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land; O. To promote pedestrian circulation through a well-designed system of shared-use trails which allows access to [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 1: Zoning Purpose and Interpretation local and regional destinations; P. To promote, preserve and enhance those buildings and structures within certain areas of the City that are of historical importance; Q. To promote and regulate the use of alternative and renewable energy solutions; R. To ensure the objectives of the Comprehensive Plan are considered. S. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; T. To define and limit the powers and duties of the administrative officers and bodies as provided herein; and U. To prescribe penalties for the violation of the provisions of the Zoning Ordinance, or of any amendment thereto. V. To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway standards; availability of utilities; and schools and park development are applied to all properties within the City’s corporate limits, as prescribed in the Yorkville Subdivision Control Ordinance. 10-1-5: Interpretation A. Minimum Requirements The provisions of this Title shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare. B. Relationship with Other Laws Where the conditions imposed by any provisions of this Title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. C. Existing Agreements This Title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Title shall govern. 10-1-6: Scope of Regulations A. Changes in Structures or Use Except as may otherwise be provided in Chapter 15 of this Title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Title which are applicable to the zoning districts in which such buildings, uses or land shall be located. B. Nonconforming Buildings, Structures and Uses Any lawful building, structure or use existing at the effective date hereof may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 15 of this Title. C. Building Permits When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 1: Zoning Purpose and Interpretation use for which originally designated, subject thereafter to the provisions of Chapter 15 of this Title. D. Existing Special Uses Where a use is classified as a special use under this Title, and exists as a permitted use at the effective date hereof, it shall be considered as a legal special use without further action of the City Council, the Zoning Administrator or the Zoning Board of Appeals. 10-1-7: Separability If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Title, or any amendment hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 2 Rules and Definitions 10-2-1: General In the construction of this Title, the rules and definitions contained in this Chapter shall be observed and applied, except when the context clearly indicates otherwise. 10-2-2: Rules A. Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular. B. The word “shall” is mandatory and not discretionary. C. The word “may” is permissive. D. The word “lot” shall include the words “plot”, “piece”, “parcel”; and the phrase “used for” shall include the phrase “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”. E. All measured distances shall be expressed in feet, unless otherwise indicated, and shall be calculated to the next integral foot. F. If any calculation results in a fraction, the next integral number shall be taken. G. In cases where there is a conflict between the text of the zoning ordinance and a table or figure of this zoning ordinance, the provisions that are expressed in the text shall apply. H. Words or terms contained in this Title which are not defined hereinafter, shall assume definitions as prescribed in the most current edition of the Merriam-Webster unabridged dictionary. 10-2-3: Definitions The following words and terms, wherever they occur in this Title, shall be interpreted as herein defined. ABUTTING: To have a common property line or zoning district. ACCESSORY BUILDING or USE: An “accessory building or use” is one which: 1. Is subordinate to and serves a principal building or principal use. 2. Is subordinate in area, extent or purpose to the principal building or principal use served. 3. Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served. 4. Is located on the same lot and in the same zoning district as the principal use. ACRE: A measure of land containing forty three thousand five hundred sixty (43,560) square feet. ACREAGE: Any tract or parcel of land having an area of one acre or more which has not been subdivided or platted. AGRICULTURAL SALES AND SERVICE: A use primarily engaged in sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies and farm machinery repair services that are accessory to the principal use. AGRICULTURAL USE: The employment of land for the primary purpose of raising, harvesting, and selling crops, or feeding (including grazing), breeding managing, selling, or producing livestock, poultry, fur-bearing animals or honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticultural use, by animal husbandry, or by any combination thereof. It also includes the current employment of land for the primary purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding lessons, training clinics and schooling shows. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 2: Rules & Definitions AIRPORT: Any area of land designated, set aside, used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities, including approach zones. ALCOHOLIC BEVERAGE: any beverage that is the product of distillation of fermented liquids, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. ALLEY: A public way, not more than thirty feet (30’) wide, which affords only a secondary means of access to abutting property. AMPHITHEATER: A commercial structure with tiers of spectator seating rising around a field or court, intended primarily for use of viewing musical, theatrical, sporting or other similar entertainment events and specifically designed as a place of assembly. AMUSEMENT PARK: A commercially operated facility which may include structures and buildings, with a predominance of outdoor games and activities for entertainment, including motorized rides, water slides, miniature golf, batting cages and similar activities. ANIMAL HOSPITAL: Any building, or portion thereof, designed or used for the care, observation or treatment of domestic animals. ANTIQUE SALES: A building or areas within a building to provide space for the sale of antiques by antique dealers, for items such as clocks, lamps, clothing, rugs, toys, furniture, and similar household goods. AUTOMOBILE REPAIR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles. Incidental repairs, replacement of parts, and motor service to automobiles. AUTOMOBILE RENTAL: Leasing or renting of automobiles, motorcycles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. This definition excludes commercial truck and trailer rental. AUCTION HOUSE: A structure, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder. BAKERY, RETAIL: An establishment primarily engaged in the retail sale of baked products. The products may be prepared either on or off site. BAKERY, WHOLESALE: A bakery in which there is permitted the production and/or wholesaling of baked goods, excluding Retail Bakery. BASEMENT: That portion of a building that is partly or completely below grade. BANK: A building for the custody, loan, or exchange of money, for the extension of credit and for facilitating the transmission of funds. This definition includes credit unions, savings and loan facilities, payday loans, personal loan agencies. BED AND BREAKFAST INN (B&B): A private, owner/operator occupied residence with guest rooms, providing overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn is operated primarily as a business. BILLIARD PARLOR: A business establishment for a principal use as a billiard facility. BLOCK: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities. BOAT SALES AND RENTAL: A marine retail sales and service use in which boats are rented or sold. BOAT STORAGE: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum 6 feet in height. BOWLING ALLEY: A business establishment with a principal use for the sport of ten-pin bowling which may include incidental [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 2: Rules & Definitions food services. BREW PUB: see Microbrewery BUFFER: A strip of land, including landscaping, berms, walls, and fences, that is located between land uses of different character and is intended to physically and visually separate one use area from another. BUILDABLE AREA: The space remaining on a building lot after the minimum yard requirements of this title have been complied with. BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are not communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. BUILDING, COMPLETELY ENCLOSED: A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. BUILDING, DETACHED: A building surrounded by open space on the same zoning lot. BUILDING, HEIGHT: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building. BUILDING, INSPECTOR: The designated city official responsible for inspecting buildings within the city. BUILDING, LINE: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to the front, side and rear lot lines, and located at a distance prescribed by the yard regulations of this title beyond which no portion of a building may extend except as provided by this title. BUILDING, MATERIAL SALES: Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures. BUILDING, NONCONFORMING: Any building which does not conform to the regulations of this title prescribing the use, required yards, lot coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located. BUILDING, PRINCIPAL: A non-accessory building in which the principal use of the zoning lot on which it is located is conducted. BUILDING, SETBACK LINE: A line parallel to the street line of a distance from it, regulated by the front yard requirements set up in this Title. BUILDING, TEMPORARY: Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed. BULK: The term used to describe the size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center lines of the streets, to other walls of the same buildings, and to other buildings or structures, and to all open spaces relating to the building or structure. BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CAMPGROUND: Any area that is occupied or intended or designed or improved for occupancy by transients using recreational vehicles, travel trailers, and/or tents. CARPORT: An automobile shelter with two (2) or more sides open. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 2: Rules & Definitions CAR WASH: A building or portion thereof containing facilities for washing more than two (2) motor vehicles, using production line methods. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. Coin-operated devices operated on a self-service basis shall be construed to be the same. CEMETERY: Land used or dedicated to the interment of human or animal remains or cremated remains, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operating within the boundary of such cemetery. CITY: The United City of Yorkville or the City of Yorkville. CITY COUNCIL: The City Council of the City of Yorkville. CLUB or LODGE, PRIVATE: A for-profit or nonprofit association of persons who are bona fide members paying annual dues which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with the applicable local, Federal and State laws, and County ordinances. COLLEGE: A private or public college or technical institution which provides full-time or part-time education beyond high school that grants associate, baccalaureate, or higher degrees. COMMERCIAL FEEDING: A land use or facility used for the confined feeding operation for fish, poultry, swine or livestock. COMMUNITY CENTER: A building or structure used as a place of meeting, recreation or social activity, generally open to the public and designed to accommodate and serve significant segments of the community. CONFORMING BUILDING OR STRUCTURE: A building or structure which: A. Complies with all the regulations of this Title or of any amendment hereto governing bulk of the district in which said building or structure is located; and B. Is designed or intended for a permitted or special use as allowed in the district in which it is located. CONTRACTOR FACILITY: A facility where a construction contractor maintains its principal office or a permanent business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a minimum of 6 feet in height. CONTRACTOR OFFICES: A building used for conducting contracting business that does not use any exterior storage area. COURT: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two (2) or more sides by such building or buildings. CULTIVATION CENTER: A facility registered by the Departmnt of Agriculture to perform activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 es seq.). CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the “curb level” shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the “curb level”. DANCE HALL: A place of assembly, open to the public and operated for profit, where dances, parties, receptions and other gatherings are held. DATUM POINT: Any reference point of known or assumed coordinates from which calculation or measurements may be [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 2: Rules & Definitions taken. DAYCARE, IN-HOME: means any in-home child care service licensed by the State Department of Children and Family Services (DCFS) which regularly provides care for less than 24 hours per day for more than (3) and up to a maximum of twelve (12) children under the age of twelve(12) in a family home. The term does not include facilities which receive only children from a single household. (225 ILCS 10, Sec. 2.09) DAYCARE FACILITY: means any child care facility licensed by the State Department of Children and Family Services (DCFS) which regularly provides day care for less than 24 hours per day for more than three (3) children under the age of twelve (12) in a facility other than a family home. (225 ILCS 10, Sec. 2.09) DAYCARE FACILITY, ADULT: means any facility, public or private, regulated by the State of Illinois in accordance with the Older Adult Services Act which provides care for less than 24 hours per day for older adults (seniors) such as nutritious meals, planned program of activities, and social and health related services. DAYCARE FACILITY, PART DAY: means any facility licensed by the State Department of Children and Family Services (DCFS) and which is conducted by a church, religious organization or social service agency in which individual children are provided care, on an intermittent basis, for up to 10 hours per seven day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall not provide such care for more than 8 hours in any given day during the 7 day week. Any facility which provides intermittent care for up to 10 hours per 7 day week shall provide at least one caregiver per 20 children. (225 ILCS 10, Sec. 2.09) DAYCARE HOME, GROUP: means any in-home child care service licensed by the State Department of Children and Family Services (DCFS) which regularly provides care for less than 24 hours per day for more than three (3) and up to a maximum of sixteen (16) children under the age of twelve (12) in a family home. The number of children allowed includes the family’s natural or adopted children and all other person under the age of twelve (12). (225 ILCS 10. Sec. 2.09) DECIBEL (dB): A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in “decibels”. DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site, to include streets, schools, parks, etc., expressed as dwelling units per acre. DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential-type acreage not to include schools, parks, streets, etc., expressed as dwelling units per acre. DEPARTMENT STORE: A retail business which is conducted under a single owner’s name wherein a variety of unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for whom the goods and services are furnished. DISPLACEMENT (Earth): The amplitude or intensity of an earthborn vibration measured in inches. The displacement or amplitude is one-half (1/2) the total earth movement. DISTRICT: A section or part of the unincorporated portion of the City for which the use regulations are uniform. DRIVE-THROUGH SERVICE ESTABLISHMENT: a business or establishment which provides all or some of its services through a building opening or window to its patrons who remain in their vehicles. DRIVEWAY: a paved or unpaved private roadway providing vehicular access between the right-of-way of the street and a parking space, garage, dwelling or other structure. DRY CLEANING ESTABLISHMENT: An establishment or business maintained for the pickup and delivery of dry cleaning and/ or laundry without the operation of any laundry or dry-cleaning equipment or machinery on the premises. DRY CLEANING PLANT: A building, portion of a building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or my immersions only, in cleaning solvents including but not limited to non-flammable solvents and/or Class I and above combustible liquid solvents. DWELLING: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 2: Rules & Definitions for residential occupancy, including single-family dwelling units, duplex dwelling units, townhomes and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses. DWELLING, DUPLEX: A building designed or altered to provide dwelling units for occupancy by two (2) families within a single structure on separate lots, each of which having independent living quarters with direct access to the outside. DWELLING, GROUP: A group of two or more single-family, duplex, townhome and /or multiple family dwellings occupying a parcel of land under a single ownership and having a yard or court in common, excluding hotels and motels. DWELLING, MULTIPLE-FAMILY: A building or portion thereof, designed or altered for occupancy by two (2) or more families living independently of each other within a single or attached structure on one lot, which may or may not share common entrances or other spaces and includes apartments, group homes, and condominiums. DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for use and occupancy by one (1) family which is detached from any other dwelling unit and surrounded on all sides by open space on the same lot. DWELLING, TOWNHOUSE: A single-family dwelling unit constructed in a group of three (3) or more attached units on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two sides. DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. EFFICIENCY UNIT: A dwelling unit consisting of one principal room, exclusive of bathroom, kitchen, hallway, closets or dining alcove, directly off the principal room. EQUIVALENT OPACITY: The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray. ERECT: The act of placing or affixing a component of a structure upon the ground or upon another such component. ESTABLISHMENT, BUSINESS: A separate place of business having the following three (3) characteristics: A. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. B. Direct public access to such “business establishment” is separate and distinct from direct access to any other “business establishment”. C. There is no direct public access from within such establishment to any other such establishment. When adjacent places of business lack any one of the aforesaid characteristics with respect to one another, they shall then be considered as a single “business establishment” for the purpose of this title. FAMILY: One or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household. FENCE: A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. FENCE, OPEN: A fence which has over its entirety at least fifty percent (50%) of the surface area in open space as viewed at right angles from the fence; except, that the required open space in louver type fences may be viewed from any angle. FENCE, SOLID: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it. [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 2: Rules & Definitions FLOOR AREA, GROSS (For Determining Floor Area Ratio): The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls or from the centerlines of walls separating two (2) buildings. The “floor area” shall also include the horizontal areas on each floor devoted to: A. Elevator shafts and stairwells. B. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and cooling towers. C. Habitable attic space as permitted by the building code. D. Interior balconies and mezzanines. E. Enclosed porches. F. Accessory uses. The “floor area” of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks, shall also be included in the “floor area” and such “floor area” shall be determined on the basis of the height of such structures with one floor for each ten feet (10’) of structure height and if such structure measures less than ten feet (10’) but not less than five feet (5’) over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off street parking and off street loading facilities shall not be included in the “floor area”. “Floor area” when prescribed as the basis of measurement for off street parking spaces and off street loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. FLOOR AREA, RATIO: The numerical value obtained by dividing the floor area within a building or buildings on a lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in square feet shall determine the maximum permissible floor area for the building or buildings on the lot. FLOOR AREA, LIVABLE: Any floor area within outside walls of a residential building exclusive of areas in, basements, lookout basements, unfinished attics, garages, open porches and accessory buildings, but including any area “roughed in” but not completed which is designed and intended for human occupancy. FOOT-CANDLE: A unit of illumination, equivalent to the illumination at all points which are one foot (1’) distant from a uniform point source of one candlepower. FOOT-LAMBERT: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot (1’) distant over one square foot has a brightness of one foot-lambert. FREQUENCY: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound. GARAGE, BUS: Any building used or intended to be used for the storage of three (3) or more passenger motor buses or motor coaches used in public transportation, excluding school buses. GARAGE, PRIVATE: An accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided, that not more than one-half (1/2) of the space may be rented for the private vehicles of persons not resident on the premises; except, that all the space in a garage of one or two (2) car capacity may be so rented. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed five (5) tons. GASOLINE SERVICE STATION: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including minor accessories and the services of automobiles, mechanical or manual washing of automobiles, but not including major automobile repairs. Gasoline service stations shall not include sale or storage of automobiles or trailers (new or used). [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 2: Rules & Definitions GOLF COURSE: A facility providing a private or public golf recreation area designed for regulation play along with accessory golf support facilities including golf related retail sales, restaurant, golf driving range but excluding miniature golf. GOLF DRIVING RANGE: An area equipped with distance markers, clubs, balls and tees for practicing golf drives and putting which may include incidental retail sales and food services, but excludes miniature golf. GRADE: The established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions, as determined by the director of public works, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that director of public works deems necessary. GROCERY STORE: Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home care and personal care products. GROUP HOME: A single-family dwelling housing not more than eight (8) service-dependent or developmentally disabled people living with professional care staff. GUEST, PERMANENT: A person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent residence. HOME OCCUPATION: An accessory use of a residential dwelling unit which complies with the requirements of Section 3 subsection 10 of this title. HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty four (24) hours in any week, of three (3) or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term “hospital”, as used in this Title, does not apply to institutions operating solely for the treatment of mentally ill or chemically dependent persons, or other types of cases necessitating restraint of patients, and the term “hospital” shall not be used for convalescent, nursing, shelter or boarding homes. HOTEL, MOTEL, or INN: An establishment containing lodging accommodations designed for use by transients, or travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary retail uses, provided access to such uses are from the exterior of the principal use. HOUSEHOLDER: The occupant of a dwelling unit who is either the owner or lessee thereof. IMPACT NOISE: A short duration sound such as those from a forging hammer or punch press. INCOMBUSTIBLE: A material which will not ignite nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred degrees (1,200o) Fahrenheit. KENNEL, COMMERCIAL: Any lot or premises or portion thereof on which more than four (4) dogs, cats and other household domestic animals, over four (4) months of age, are kept for sale, or on which more than two (2) such animals are boarded for compensation. LABORATORY, COMMERCIAL: A place devoted to experimental study such as testing and analyzing. Manufacturing assembly or packaging of products is not included within this definition. LAND BANKING: Land that is part of a single-lot or development that is set aside or reserved for a later approved use or development. LAUNDRY: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing facilities; provided that: A. Not more than four (4) persons, including owners, are employed on the premises; and B. No pickup or delivery service is maintained. [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 2: Rules & Definitions LIBRARY: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials. LOADING AND UNLOADING SPACE, OFF-STREET: An open, hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty five feet in length and fourteen feet in height (10’x 25’x 14’), exclusive of access aisles and maneuvering space. LOOK OUT BASEMENT: A story having more than one-half (1/2) of its height below the curb level or below the highest level of the adjoining ground. A look out basement shall not be counted as a story for the purposes of height measurement. LOT: A parcel of land legally described as a distinct portion or piece of land of record. (See Section 10-2-4 of this Chapter for diagram of lot types.) LOT, AREA: The area of a horizontal plane bounded by the front, side and rear lot lines. LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five degrees (135o) or less. (See Section 10-2-4 of this Chapter for diagram.) LOT, COVERAGE: The area of a zoning lot occupied by the principal building or buildings, accessory buildings and all other impervious areas such as driveways, roads, sidewalks, parking lots and structures, and any area of concrete asphalt. (See Section 10-2-4 of this Chapter for diagram.) LOT, DEPTH: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries. LOT, FLAG: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow driveway or strip of land between abutting lots, thereby not meeting the minimum lot frontage requirements. LOT FRONTAGE: The front of a lot shall be that boundary of a lot along a public or private street; for a corner lot, the front shall be the narrowest side of the lot fronting upon a street; provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT, INTERIOR: A lot other than a corner lot or reversed corner lot. (See Section 10-2-4 of this Chapter for diagram.) LOT LINE: A property boundary line of any lot held in single or separate ownership; except, that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line. LOT LINE, FRONT: A lot line which abuts a street shall be the front lot line. For corner lots, the narrowest side of the lot fronting upon a street shall be considered the front of the lot; provided that the owner may orient the building toward either street but once frontage is established it shall be maintained. LOT LINE, INTERIOR: A side lot line common with another lot. LOT LINE, REAR: The rear lot line is the lot line or lot lines most nearly parallel to and more remote from the front lot line. LOT LINE, SIDE: Lot lines other than front or rear lot lines are side lot lines. LOT OF RECORD: A lot which is a part of a subdivision or a parcel of land described by deed and where both the map and the deed were recorded in the office of the county recorder. LOT, REVERSED CORNER: A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. (See section 10-2-4 of this chapter for diagram.) LOT, THROUGH: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. (See section 10-2-4 of this chapter for diagram.) LOT, WIDTH: The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area. LOT, ZONING: A plot of ground made up of one or more parcels which are or may be occupied by a use, building or [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 2: Rules & Definitions buildings, including the yards and open spaces required by this title. MANUFACTURING, FIREARMS AND AMMUNITION: Any person or entity in (A) the business if transporting, shipping and receiving firearms and ammunition fir the purpose of sale or distribution (B) selling firearms at wholesale or retail, (C) repairing firearms or making or fitting special barrels, stocks ir trigger mechanisms to firearms and operating under the provisions of the applicable local, state and federal licenses. MANUFACTURING ESTABLISHMENT: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products. MASSAGE ESTABLISHMENT: Any establishment having a source of income or compensation derived from the practice of “massage” as defined in Section 10 of the Massage Licensing Act (225 ILCS 57/10) and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities defined in Title 3, Chapter 9 Massage Establishments of the United City of Yorkville City Code. MARINA: A facility for secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel. MEDICAL CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualified patients in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.). MEDICAL CLINIC: An establishment where patients are admitted for special study and treatment by two (2) or more licensed physicians or dentists and their professional associates, practicing medicine together. MICROBREWERY OR BREW PUB: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is dispensed directly from the brewery’s storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One (1) U.S. barrel is equivalent to thirty-one (31) gallons. MINIATURE GOLF COURSE: A novelty version of golf played with a putter and golf ball on a miniature course, typically theme-oriented with artificial playing surfaces and including obstacles such as bridges and tunnels. MOBILE HOME: A manufactured home structure transportable in one or more sections, which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on site is 320 square feet or more and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems that may be contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary (HUD) and complies with the standards established under this Title. For manufactured homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required. MOBILE HOME PARK: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath; and such park shall be for use only by non-transient dwellers remaining continuously for more than one month, whether or not a charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale. MODULAR CONSTRUCTION: A structure not built on-site, but which is placed on a permanent foundation and meets building code requirements. MOTELS, MOTOR LODGES, TOURIST COURTS: A group of attached or detached buildings containing individual sleeping units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels or motor lodges, but not including mobile homes. MOTOR FREIGHT TERMINAL: A building in which freight, brought to said building by motor truck, is assembled and sorted [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 2: Rules & Definitions for routing in intrastate and interstate shipment by motor truck. MOTOR VEHICLE: A passenger vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical power. NONCONFORMING USE: Any building, structure or land lawfully occupied by use or lawfully established which does not conform to the current regulations of the Zoning Ordinance. NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical, social or economic well-being of human beings. NURSING HOME: A home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care. NURSERY: Retail business whose principal activity is the selling of plants and having outdoor storage, growing and/or display of plants. OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch. OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals. (American Standard for Sound-Level Meters/A.S.A. - No. 224.3 - 1944) ODOR THRESHOLD: The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM Method D 1391-57, “Standard Method for Measurement of Odor in Atmospheres (Dilution Method)”. ODOROUS MATTER: Any material that produces an olfactory response among human beings. OFFICE: A place, such as a building, room or suite, in which services, clerical work, professional duties or the like are carried out. OPEN SALES LOT: Any land used or occupied for the purpose of buying and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, etc., and for the storing of same prior to sale. OUTDOOR MUSIC VENUE: A property where sound equipment is used to amplify sound that is not fully enclosed by permanent, solid walls or roof. PARAPET: An architectural feature of a building where that portion of an exterior wall extends above the roof deck. PARKING AREA, PRIVATE: An open, hard-surfaced area, other than a street or public way, designed, arranged and made available for the storage of private passenger automobiles only of occupants of the building or buildings for which the parking area is developed and is accessory. PARKING AREA, PUBLIC: An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (11/2) tons’ capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers. PARKING SPACE, AUTOMOBILE: Space within a public or private parking area designed in conformance with 10-11-3 of this Title, exclusive of access drives, or aisles, ramps, columns or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half (11/2) tons’ capacity. PARKING STRUCTURE: an attached or detached structure that is fully or partially enclosed with one or more levels and is used exclusively for the parking or storage of motor vehicles. This does not include private one-story garages for single-, two-, or multiple-family residential uses. Parking structures may either be above or below grade. PARTICULATE MATTER: Material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature. PARTY WALL: An interior wall of adjoining structures extending from its footing to the underside of the roof, and which [ United City of Yorkville Zoning Ordinance ][ 12 ] Chapter 2: Rules & Definitions separates and is in common use by such adjoining structures. PAWNBROKER/PAWNSHOP: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbrokers business, or who publicly displays a sign which indicates, in substance, a business on the premises which “loans money for personal property, or deposit or pledge”. The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property, PERFORMANCE STANDARD: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PHILANTROPIC INSTITUTION: Any building or group of buildings devoted to and supported by charity. PLAN COMMISSION: The plan commission of the City of Yorkville. PLANNED UNIT DEVELOPMENT: A tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned unit developments in manufacturing districts which shall be at least ten (10) acres in area. PORCH: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part. PREFERRED FREQUENCIES: A set of octave bands described by the band center frequency and standardized by the American Standards Association in ASA Standard N. S1.6-1960, “Preferred Frequencies For Acoustical Measurements”. PRINCIPAL USE: The main use of land or buildings as distinguished from a subordinate or accessory use. PROFESSIONAL SERVICES: A business that offers any type of professional service to the public which requires, as a condition precedent to the rendering of such service, the obtaining of a license or other legal authorization. By way of example, and without limiting the generality of this definition, professional services include services rendered by certified public accountants, engineers, chiropractors, dentists, physicians, podiatrists, architects, veterinarians, attorneys at law, physical therapists and insurance agents. PUBLIC OPEN SPACE: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets. PUBLIC UTILITY: Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, sewers, transportation or water. RAILROAD RIGHT OF WAY: A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc. RAILROAD PASSENGER STATION: A facility for the boarding of passengers and related ticketing sales and offices. RECREATIONAL CAMP - PRIVATE: An establishment consisting of permanent buildings used periodically by an association of persons where seasonal accommodations for recreational purposes are provided only to the members of such association and not to anyone who may apply. RECREATIONAL VEHICLE: Any type of vehicle used primarily for recreational pleasure or bearing recreational vehicle registration license plates. Examples include but are not limited to, motor homes, boats, snowmobiles, and all-terrain vehicles. . RECREATION CENTER: A building or structure used as a place of recreation, generally open to the public and designed to accommodate and serve significant segments of the community. REFUSE: All waste products resulting from human habitation, except sewage. RELIGIOUS INSTITUTION, LARGE: A building, having 400 or more seats or larger than 8,000 square feet of total gross floor area, wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious [ United City of Yorkville Zoning Ordinance ][ 13 ] Chapter 2: Rules & Definitions body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes church, synagogue, temple, mosque or other such place for worship and religious activities. RELIGIOUS INSTITUTION, SMALL: A building, having 400 or fewer seats or no larger than 8,000 square feet of total gross floor area, wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes church, synagogue, temple, mosque or other such place for worship and religious activities. RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, audio-video equipment or any precious metals which may have been previously owned by a consumer; or which derives more than thirty-five percent (35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. A. The term “resale dealer” shall include , but not be limited to, businesses commonly known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The term “resale dealer” shall not include pawnbrokers. B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer: 1. Advertise in any fashion that it buys or sales used items. Such as advertisements shall include, but not be limited to, media advertisements, websites, telephone listings, and signs whether in the exterior or interior of business. 2. Devotes a significant segment ir section of the business premises to the purchase or sale of used items. RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. RESIDENCE: The act or condition of residing or dwelling in a place. REST HOME: See definition of “Nursing Home”. RESTAURANT: Any land, building or part thereof where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals, where permitted. RESTAURANT, CONVENIENCE: An establishment commonly referred to as “fast casual” dining with the following characteristics: (a) limited menu items are made-to-order and are prepared only upon request; (b) food is either ordered and picked-up at a counter or served at the patrons table in a limited dine-in area; and (c) usually part of a chain or franchise establishment. RESTAURANT, FAST FOOD: A quick service restaurant with the following characteristics: (a) typically includes drive- through service; (b) limited menu items consisting of pre-packaged or quickly prepared food items; (c) food is ordered and picked-up at a counter with no table service provided; (d) limited dine-in area; and (4) usually part of a chain or franchise establishment. RETAIL STORE: A building or portion of a building providing area for the selling of new or used goods, wares, merchandise directly to the consumer for whom the goods are furnished. RINGELMANN CHART: A chart which is described in the U.S. bureau of mines information circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. [ United City of Yorkville Zoning Ordinance ][ 14 ] Chapter 2: Rules & Definitions RINGELMANN NUMBER: The number of the area on the Ringelmann chart that coincides most nearly with the visual density of smoke emission. ROADSIDE STAND: A temporary structure which is used solely for the display or sale of farm produce and related materials. No roadside stand shall be more than 300 square feet in ground area and there shall be no more than one roadside stand on any one premise. ROADWAY: That portion of a street which is used or intended to be used for the travel of motor vehicles. RUNWAY: A strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the movement of vehicles incidental to such use. SALVAGE YARD: An open area where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto, farm implements and machinery, and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building. SCHOOL: Elementary, high school or college, public or private, or nonprofit junior college, college or university, other than trade and business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. SETBACK: The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot, except where otherwise regulated in this Title. SETBACK, ESTABLISHED: When forty percent (40%) or more of the lots fronting on one side of a street within a block are improved, the existing setbacks of such improved lots shall be the “established setback” for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this Title. SETBACK LINE, BUILDING: See definition of Building Setback Line. SHOOTING GALLERY/GUN RANGE, INDOOR: an enclosed facility, public or private, specifically for the purpose of providing a place in which to discharge various types of firearms, shoot air guns and/or archery equipment at designated targets and designed to contain ll projectiles fired within the confines of the building. Auxiliary training and instructural classroom facilities may also be provided, as well as ancillary retail sales of firearms, ammunition and associated products upon proof of applicable local, state and federal licensure. SKATING RINK: An establishment that provides facilities for participant skating. SMOKE: Small gas borne particles other than water that form a visible plume in the air. SMOKE UNIT: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed, and the various products are added together to give the total number of smoke units observed during the total period under observation. SOUND LEVEL METER: An electronic instrument which includes a microphone, an amplifier and an output meter which measures noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. SOUND PRESSURE LEVEL: The intensity of a sound measured in decibels mathematically described as twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure of 0.0002 microbar. STABLE, PRIVATE: Any building which is located on a lot on which a dwelling is located and which is designed, arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling. STABLE, PUBLIC (RIDING OR BOARDING STABLE): A building and grounds which are designed, arranged, used or intended to be used for the storage, boarding or breeding of horses, including accessory uses which may include riding and horsemanship instructions and the hire of riding horses. STACKING REQUIREMENTS: The number of cars that must be accommodated in a reservoir space while awaiting ingress or [ United City of Yorkville Zoning Ordinance ][ 15 ] Chapter 2: Rules & Definitions egress to specified business or service establishments. STADIUM: Any facility, building, corral, arena, or structure of any kind designed for use as either a sports facility (including animal sports, i.e., rodeos, horse races, etc.), entertainment facility, whether for profit or not, where activities are to be undertaken generally for the entertainment of others. Said description includes ball fields, when any type of structure is involved, skating rinks, racetracks, football or soccer fields, softball fields, gymnasiums, swimming facilities, music halls, theaters, stages or any other type of field or facility. STORY: That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story exceeding fourteen feet (14’) in height shall be considered as an additional story for each fourteen feet (14’) or fraction thereof. STORY, HALF: That portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half feet (41/2’) above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3) stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this title. In the case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story. STREET: A way other than an alley which affords a primary means of access to abutting property. STREET LINE: A line separating an abutting lot, piece or parcel from a street. STRUCTURAL ALTERATIONS: Any change other than incidental repairs which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams and girders. STRUCTURE: Anything constructed or erected which requires location on the ground or is attached to something having location on the ground. TATTOO AND BODY PIERCING ESTABLISHMENTS: any establishment which performs or provides services for tattooing and/ or body piercing as defined in Title 3 Chapter 10 of the United City of Yorkville City Code. TAVERN OR LOUNGE: A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. TAXICAB BUSINESS: A service that offers transportation in passenger automobiles and vans to persons in return for remuneration. The business may include facilities for servicing, repair, and fueling the taxicabs or vans. TERRACE, OPEN: A level and rather narrow plane or platform which, for the purpose of this title, is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet (4’) in height above the average level of the adjoining ground. THEATER: A structure used for dramatic, operatic, motion pictures for admission to which money is received. Such establishments may include related services such as food and beverage sales and other concessions. TITLE: Reference to “title” herein shall be construed to be the Yorkville zoning ordinance. TOXIC MATERIALS: A substance (liquid, solid or gaseous) which are inherently harmful and likely to destroy life or impair health or capable of causing injury to the well-being of persons or damage to property. TRADE SCHOOL: A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school, modeling school). TRAILER: A vehicle without motive power, designed to be towed by another vehicle but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer or cargo trailer. TRAILER, CAMPING: A trailer designed and constructed for temporary dwelling purposes which does not contain built in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet. TRAILER HOUSE OR MOBILE HOME: see Mobile Home definition. [ United City of Yorkville Zoning Ordinance ][ 16 ] Chapter 2: Rules & Definitions TRAILER, TRAVEL: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than three hundred twenty (320) square feet. TREATMENT CENTER: One or more buildings designed and used for the medical and surgical diagnosis and treatment. This definition excludes Hospitals and Nursing Homes. TRUCK AND TRAILER RENTAL: Leasing or renting of trucks and trailers, including incidental parking and servicing of vehicles for rent or lease. TRUCK STORAGE YARD: Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half (11/2) tons in capacity. USABLE OPEN SPACE: Ground area of a lot, landscaping and recreational facilities may qualify as usable open space provided that it is an area unobstructed from the ground to the sky and which: A. Is not devoted to public or private roadways or driveways and off street parking and loading; B. Is accessible and available only to occupants of dwelling units on the premises, except balconies; C. Is not covered by buildings, except not more than five percent (5%) of the required open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises; D. Has not less than ten feet (10’) at its narrowest dimension between either a lot line and an area not qualifying as usable open space; and E. Is developed, landscaped and maintained suitable for pedestrian, recreational and leisure use. USE: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased. USE, LAWFUL: The use of any building, structure or land that conforms with all of the regulations of this title and which conforms with all of the codes, ordinances and other legal requirements as existing when the structure or land is being examined. USE, NONCONFORMING: See definition of Nonconforming Use. USE, PERMITTED: Any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this title for the district in which such use is located. USE, PRINCIPAL: The dominant use of land or buildings as distinguished from a subordinate or accessory use. USE, SPECIAL: A use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or conditional uses in the district shall be required as regulated in this Title. VACANT LAND: a lot or parcel of land on which no improvements or structures have been constructed or actively used for any land use purpose. WAREHOUSE: A structure, part thereof, or an area used principally for the storage of goods and merchandise for wholesale or distribution, excluding bulk storage of materials that are inflammable or explosive or that present hazards. VIBRATION: The periodic displacement, measured in inches, of earth at designated frequency-cycles per second. YARD: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title. [ United City of Yorkville Zoning Ordinance ][ 17 ] Chapter 2: Rules & Definitions YARD, FRONT: A yard extending along the full width of a front lot line between the side lot lines, and has a depth between the front lot line and the front yard line. YARD, INTERIOR SIDE: A side yard which adjoins another lot or an alley separating such side yard from another lot. YARD LINE: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the “yard line” and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title. (See section 10-2-4 of this chapter for diagram.) YARD, REAR: A yard extending along the width of the rear lot line between the side lot lines, and from the rear lot line to the rear yard line in depth. YARD, SIDE: A yard extending along the length of a side lot line between the rear yard line and front yard line, from the side yard line to the side lot line in width. YARD, SIDE - ADJOINING A STREET: A yard which is bounded by the front lot line, side yard adjoining a street line and rear lot line. YARD, TRANSITIONAL: A yard that must be provided on a lot in a Business District which adjoins a lot in a Residential District as a buffer and subject regulations provided in the Landscape Ordinance. ZONE: A district, as defined in this section. ZONING BOARD OF APPEALS: See Title 2, Chapter 2 of the United City of Yorkville City Code. 10-2-3: Diagrams BUILDING HEIGHTS Flat Building Height [ United City of Yorkville Zoning Ordinance ][ 18 ] Chapter 2: Rules & Definitions Gambrel Building Height Hip Building Height Gable Building Height [ United City of Yorkville Zoning Ordinance ][ 19 ] Chapter 2: Rules & Definitions Mansard Building Height YARD & BUILDING LINES Building Setback Line Rear Yard Front Yard Rear Lot Line B u i l d i n g L i n e Si d e L o t L i n e St r e e t Street Buildable Area L o t D e p t h Lot Width Ya r d A b u t t i n g A S t r e e t S i d e Y a r d [ United City of Yorkville Zoning Ordinance ][ 20 ] Chapter 2: Rules & Definitions [ United City of Yorkville Zoning Ordinance ][ 21 ] Chapter 2: Rules & Definitions TYPES OF LOTS [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 3 General Zoning Provisions 10-3-1: Use and Bulk Regulations A. Use No building, structure or land shall hereafter be used or occupied, and no building or part thereof, or other structure, shall be erected, razed, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified in the district in which it is located. B. Principal Use No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot, except with Planned Unit Development approval, there may be permitted more than one (1) building on a lot in accordance with standards of the zoning district in which they are located. C. Bulk All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located; except, that parapet walls, chimneys, cooling towers, elevator bulkheads, water towers, stacks and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City. D. Division of Zoning Lots No zoning lot improved with a building or buildings shall hereafter be divided into two (2) or more zoning lots and no portion of any zoning lot which is improved with a building or buildings shall be sold unless all zoning lots resulting from each division or sale and improved with a building or buildings shall not be less conforming to all bulk regulations of the zoning district in which the property is located. E. Flag-lots Flag-lots only accessible via an easement shall not be permitted. Flag lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where limited access to a street exists. F. Building Height Measurement Building Height shall be measured from the datum point established by the average of the two (2) grades along each side lot line where the front yard line meets the side lot lines to the highest point of the roof. 10-3-2: Open Space on Lots A. Maintenance of Yards, Courts and Other Open Spaces The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building. B. Location of Required Open Space All location of required open spaces or yards or courts and other open space allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group, except as otherwise permitted in a planned unit development and planned open spaces. C. Required Yards for Existing Buildings No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this Title for equivalent new construction, except as provided in Section 10-10-7 of this Title. D. Permitted Obstructions in Required Yards [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 3: General Zoning Provisions The following shall not be considered to be obstructions when located in the required yards specified (also refer to Table 1: Permitted Accessory Buildings, Structures and Obstructions): 1. In All Required Yards: a. Open terraces and decks not over four feet (4’) above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch; b. Awnings and canopies adjoining the principal structure not exceeding three feet (3’) or less into required yard; c. Steps four feet (4’) or less above grade which are necessary for access to a zoning lot from a street or alley; d. Chimneys projecting eighteen inches (18”) or less into the yard; e. Arbors and trellises; f. Landscaping as regulated in Title 8 Chapter 12 Landscape Ordinance of the City Code and Section 10-3-2E of this Title. g. Flagpoles, provided that the overall height does not exceed the permitted maximum height of structures for the district in which it is located. h. Fences, as regulated in Chapter 19 Fencing and Screening of this Title, provided that fencing shall not extend beyond the front plane of the primary structure facade in residential and business zoned districts. 2. In Front Yards: a. One story bay windows projecting three feet (3’) or less into the yard; b. Ornamental light standards; c. Overhanging eaves and gutters projecting three feet (3’) or less into the required yard. 3. In Rear Yards: a. Enclosed, attached or detached off-street parking spaces; b. Open off-street parking spaces, c. Accessory Buildings and Structures as regulated in Section 10-3-5 of this Title. d. Balconies, breezeways, open porches, and one-story bay windows projecting three feet (3’) or less into the required yard, e. Overhanging eaves and gutters projecting three feet (3’) or less into the required yard, f. Recreational equipment and clotheslines/racks; 4. In Side Yards: a. Overhanging eaves and gutters projecting into the required yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding thirty inches (30”); b. Air-conditioning units for a distance not exceeding ten percent (10%) of the required yard width, but in no case exceeding twelve inches (12”). E. Corner Clearance There shall be no buildings, structures or landscaping which obstruct vision on any corner lot between a height of two feet (2’) and a height of ten feet (10’) above the finished grade of either street within a forty foot (40’) triangle formed by the intersecting street lines. F. Encroachment into Required Yards It shall not be deemed a violation of the yard requirements of this Title if an existing residential building or structure encroaches upon a required yard under the following conditions: a. The encroachment does not exceed three (3) inches; and b. The building or structure does not encroach upon more than one required yard. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 3: General Zoning Provisions 10-3-3: Lot Area and Dimensions A. Contiguous Parcels When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use. B. Lots or Parcels of Land of Record Any single lot or parcel of land held in one ownership which was of record at the effective date hereof that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open spaces are not less than seventy five percent (75%) of the minimum required dimensions or areas, except as provided in Section 10-10-7 of this Title. 10-3-4: Number of Buildings on a Zoning Lot Except in the case of a planned unit development, not more than one principal detached residential or commercial building shall be located on a zoning lot, nor shall a principal detached residential or commercial building be located on the same zoning lot with any other principal building. 10-3-5: Accessory Buildings and Structures A. Permitted Accessory Buildings and Structures shall include: Sheds; tool rooms; similar buildings or structures for domestic or agricultural storage; gazebos; green houses; play ground equipment; pools; recreational courts; playhouses; stables; garages and parking structures. Refer to Table 1: Permitted Accessory Buildings, Structures and Obstructions. B. Location No part of any accessory building or structure shall be located closer than five feet (5’) from any side or rear property line. No accessory building or structure shall be closer than ten feet (10’) to any main building or closer to the public way than the principal building on the lot. C. Time of Construction No accessory building or structure with a connected water supply shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. D. Height of Accessory Buildings or Structures in Required Rear Yards No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15’) in height. E. On Reversed Corner Lots On a reversed corner lot in a residence district and within fifteen feet (15’) of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to sixty percent (60%) of the least depth which would be required under this title for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5’) of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district. 10-3-6: Access to Public Street Except as otherwise provided for in this title, every residential building shall be constructed or erected upon a lot or parcel of land which abuts or has public access to and upon a public street unless a permanent easement of access to a public street was of record prior to the effective date hereof. 10-3-7: Trailers, Tents, Boats A. Trailers For the purposes of this section, trailers shall include, but not be limited to, utility trailers, boat trailers, horse trailers, cargo trailers, camping trailers, and travel trailers. B. Permanently Affixing to Ground Prohibited [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 3: General Zoning Provisions Trailers shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district. C. Parking and Storage Restricted Trailers shall not be parked or stored on any lot other than as lawfully permitted by this Code. Travel trailers shall only be located in lawfully established travel camp, trailer sales or manufacturing establishment or in accordance with Section 10-3-6D. However, in a residence district, no more than one trailer may be parked or stored openly in the driveway of a residential lot and shall not block the pedestrian way or sidewalk. D. Stored Trailers Trailers stored in the open on a residential lot shall not be located within the required side yard or front yard unless as permitted in Section 10-3-7B of this title. However, trailers may be stored openly in the rear yard of a residential lot, provided that it shall: 1. Be no closer than ten feet (10’) to a side or rear lot line. 2. No trailer or other recreational vehicle as defined in Chapter 2 of this Title, shall be utilized for lodging or residential purposes unless as permitted in Section 10-3-7C. 3. Trailers shall not be connected to any utility for electricity, water, gas usage unless permitted for temporary parking in accordance with Section 10-3-7C. E. Temporary Parking Temporary parking and use of travel trailers shall be permitted when a permit has been issued by the zoning officer for the following purposes: 1. Parking in the open and use of a travel trailer for lodging purposes on the lot containing a dwelling, provided it is not parked or used thereon more than a thirty (30) day period. 2. Parking and use of trailers for temporary offices or storage uses incidental to and only for the period of time of construction of a building provided such trailers are located on the same or contiguous lot as the building being constructed. 3. Travel trailers permitted for temporary parking shall be stored as required in Section 10-3-7B of this Title. F. Tents Tents shall not be erected, used or maintained on any lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be allowed when a permit has been issued for such use by the zoning officer. G. Boats Boats may be parked or stored in the open when in the operation of a lawfully established principal use, and one boat may be stored or parked on a lot containing a dwelling; provided, that it shall be located within the buildable area or in a rear yard and no major repair, disassembly or rebuilding operations are conducted thereon. (Ord. 1973-56A, 3-28-1974) 10-3-8: Performance Standards The performance standards for the M-1 manufacturing district as set forth in section 10-13C of this title, noise, smoke, odorous matter, vibration, toxic or noxious matter, glare or heat, fire and explosive hazards, shall also apply to all residence or business districts. 10-3-9: Home Occupations The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the residential character of the surrounding residential uses. Any gainful activity which is not a permitted home occupation as defined in this Zoning Ordinance shall be considered a business use and is prohibited in a residence district. Any such use existing on the effective date of this Zoning Ordinance shall be subject to provisions of Chapter 15 for the elimination of nonconforming use. In all residence districts, any customary home occupation shall be permitted provided that: A. It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 3: General Zoning Provisions B. It is not conducted from a detached or attached accessory building, or require internal or external alteration, or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling, and not more than twenty-five percent (25%) of the floor area, including the lookout basement, of the dwelling shall be devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined total square footage devotedto all such home occupation shall not exceed twenty- five percent (25%) of the floor area of the dwelling. C. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling, except one nameplate, no more than one square foot in area, which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted. D. It is conducted only by the residents of the dwelling, plus only one additional person not living on the premises. E. No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or household purposes. F. The home occupation shall not generate traffic or deliveries beyond what is normally expected in the zoning district in which it is located and off-street parking for the occupational use shall be in accordance with the provisions of Chapter 16: Off-Street Parking and Loading of this Title. G. Limited amounts of goods, commodities or stock in trade shall be received, retained, used or stored on, or physically transferred from the premises. Jobbing, wholesale or retail businesses, unless conducted entirely by mail, electronically or telephone, is prohibited. H. Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwelling and then to not more than two (2) pupils at one time, and academic or religious instructions may be given to not more than six (6) pupils at one time in a single-family detached dwelling, and not more than one pupil at one time in any other type dwelling unit. I. No permitted home occupation(s) shall interfere with the reasonable use and enjoyment of adjacent residential properties, such as, but not limited to, those home occupations that create any form of electro-magnetic interference or cause fluctuation in line voltage outside of the dwelling the home occupation is conducted. J. The home occupation does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district. K. The home occupation does not involve any illegal activity. L. In-Home Daycare/Childcare Services are permitted as home occupations subject to the following provisions: 1. Any person operating an in-home daycare/childcare service is required to obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service. 2. Any person operating an in-home daycare/childcare service is also required to obtain an operational permit from the Bristol Kendall Fire District. 3. In-home daycare /childcare services are limited to no more than twelve (12) children under the age of twelve (12) at any one time, or obtain special use permit approval for additional children pursuant to Chapter 6 of this Title. M. The following home occupations are prohibited: 1. Manufacturing business 2. Medical clinic or hospital 3. Animal hospital or kennel (animal grooming services are permitted) 4. Restaurant 5. Mortuary and funeral parlors 6. Any activity that produces noxious matter or employs or produces flammable matter or is in violation of Section 10-3-10 of this Title. 10-3-10: Uses Not Specifically Permitted in Districts [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 3: General Zoning Provisions When a use is not specifically listed in the sections devoted to “uses permitted”, it shall be assumed that such uses are hereby expressly prohibited unless, by a written decision of the Zoning Administrator , it is determined that said use is similar to and not more objectionable than uses listed. 10-3-11: Outdoor Displays Supplemental standards for outdoor displays as accessory uses in the Business and Manufacturing Districts. A. Outdoor displays shall be permitted only as an accessory use on the same lot as a permitted or special use of the business or operation located there, and shall not operate as a separate enterprise. B. The goods, merchandise or products offered for sale in an outdoor display area must be of such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers, farming equipment, landscape supplies, propane or other material contained in a pressurized tank, ice/vending machines, recycling containers and automative teller machines (atm). Goods, merchandise or products that are typically located within a permanent building or structure, such as clothing and prepared food, shall not be offered for sale in a permanent outdoor display area. Temporary sidewalk sales occurring no more than 30 days per calendar year and non-for-profit fundraising events are exempt from this provision. C. Nothing in this section shall waive the prohibition of outdoor storage as defined and regulated in this Title. D. Unless otherwise provided by this Title, outdoor display areas shall not be located on any public or private right-of-way. E. No outdoor display areas shall be located within fifty (50) feet of any single-family residentially zoned district, exclusive of right-of-ways. F. Outdoor display areas shall be limited to 35% of the gross floor area of the primary building or tenant space to which the outdoor display area is an accessory, with the exception of vehicle, trailer and farming equipment dealerships. G. Outdoor display areas may be located on concrete, asphalt, or brick-paver areas and shall not be located on lawn areas or required landscaping buffer areas. H. Access: Where an outdoor display is located on a sidewalk and/or walkway, an unobstructed portion of the sidewalk and/or walkway measuring not less than three (3) feet in width shall be continuously maintained for pedestrian access and no point of ingress or egress from any building or any individual unit within any building shall be blocked at any time. I. Parking: Outdoor display areas may be located within existing parking spaces but only if there are sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as provided in Chapter 16 of this Title. J. Setbacks: Outdoor display areas may be located in front of, on the side of or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the zoning district in which it is located. K. No outdoor display shall obstruct visibility at the intersection of two (2) or more roadways, driveways or drive aisle. L. All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner at all times. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 3 Permitted Accessory Buildings, Structures and Obstructions Table 10.03.01 Permitted Accessory Buildings, Structures and Obstructions Building, Structure or Obstruction Required Yards All Required Yards Required Front Yards Required Rear Yards Required Side Yards Open Terraces and Decks1 P P P P Awnings and Canopies2 P P P P Steps3 P P P P Chimneys4 P P P P Arbors and Trellises P P P P Landsacping P P P P Flagpoles P P P P Fences5 P P P P One Story Bay Windows6 -P -- Ornamental Light Standards -P -P Overhanging Eaves and Gutters6 -P -P7 Enclosed, Attached or Detached Off-Street Parking --P - Open Off-Street Parking --P - Accessory Buildings and Strucutures --P - Balconies, Breezeways, Open Porches and One-Story Bay Windows6 --P - Recreational Equipment and Clotheslines/Racks --P - Air Conditioning Units8 ---P 1 Not over four feet (4’) above the average level of the adjoining ground but not including a permanently roofed-over terrace or porch.2 Adjoining a principal structure not exceeding three feet (3’) or less into required yard. 3. Four feet (4’) or less above grade which are necessary for access to zoning lot from a street or alley.4. Projecting eighteen inches (18”) or less into the yard.5. Fences shall not extend beyond the front plane of the building facade.6. Projecting three feet (3’) or less into the yard. 7. Projecting into a required yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding thirty inches (30”).8. For a distance not exceeding ten percent (10%) of the required yard width, but in no case exceeding twelve inches (12”). Key P = Permitted - = Not Permitted [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 4 Zoning Administration and Enforcement 10-4-1: Organization A. Implementing and Administering The primary responsibility for implementing and administering this Title is hereby vested in the following bodies: 1. Zoning Administrator 2. Zoning Officer 3. Plan Council 4. Plan Commission 5. Zoning Board of Appeals 6. City Council B. Authority and Administrative Functions This Chapter shall first set out the authority of each of the designated administrative bodies, and then describe the procedures and substantive standards with respect to the following administrative functions: 1. Issuance of building permits and certificate of occupancies 2. Plan Review 3. Variations 4. Appeals 5. Special Uses 6. Amendments 7. Annexations 8. Fees and Penalties 10-4-2: Administration A. Zoning Administrator The Director of the Department of Community Development shall be the zoning administrator. Acting in this capacity, the Director of the Department of Community Development shall administer the provisions of this Title. B. Duties The Zoning Administrator is duly appointed and shall enforce the zoning regulations in addition thereto, and in furtherance of such authority, shall: 1. Identify all nonconforming structures and uses. 2. Forward to the Plan Commission applications for amendments to the zoning Title text or map, special uses and County mile and one-half reviews. 3. Forward to the Zoning Board Appeals applications for appeals and variances. 4. Forward applications, site plans and related information to the Plan Council in all cases which require plan reviews as defined in Section 10-4-4 of this Chapter, and as required in specific zoning districts under the provisions of this Title. 5. Interpret the zoning regulations when questions arise, including: a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 4: Zoning Administration and Enforcement b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records of the zoning ordinance, including but not limited to, all maps, amendments, variations, appeals, and publications thereof. 7. Assist in providing public information relative to all matter pertaining to this Title and open records for public inspection, as deemed required by law. 8. Initiate, direct, and review, from time to time, a study of the provisions of this Title and administrative record of variances and appeals, and make reports of his/her recommendations to the City Administrator and the appropriate Board or Commission. 9. Administer the comprehensive plan and make interpretations of provisions which pertain to building and site design taking into consideration such factors as contextual appropriateness, consistency with the City’s general policies, and community need or benefit. 10. Delegate other duties as may be placed upon him/her by this Title. 10-4-3: Enforcement A. Zoning Officer The Chief Building Code Official, hereinafter referred to as the “officer”, is designated as the zoning officer of the city. B. Duties The Zoning Officer shall, with the exception of interpretations unless otherwise authorized, be responsible for enforcing this Title. Said officer shall have the power and shall see that the provisions of this Title are properly enforced and in furtherance of such authority, shall: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title. 3. Issue violation notices requiring compliance within thirty (30) days and advising suspected violators of their right to appeal; and to issue citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Enforce all orders of the Zoning Board of Appeals and City Council. C. City Officers, Employees and Citizens It shall also be the duty of all officers, citizens and employees of the city, particularly of all members of the Community Development, Engineering, Public Works and Police departments, to assist the zoning officer by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. 10-4-4: Plan Council A. Purpose To carry out the site plan review of applications and petitions related to concept plan, County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat. B. Members The Plan Council is hereby created and may consist of the City Administrator, Community Development Director, City Engineer, Chief Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Emergency Medical Representative, and Fire District Representative. C. Meetings [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 4: Zoning Administration and Enforcement The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. D. Duties The Plan Council shall have the duties as set forth herein and as follows: 1. Review on all site plans and documents related to concept plan, County mile and one-half review, annexations, planned unit developments, zoning, special use, preliminary plan and final plat for compliance with City Ordinances, standards and policies. 2. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance to City Ordinances, standards and policies. 3. Prepare recommendations based upon review of site plans and documents to Commissions and/or Boards prior to holding of a public hearing on the application or petition. E. Final Authority The City Administrator shall have final authority with regard to members and meeting schedule for the Plan Council. 10-4-5: Plan Commission The city Plan Commission, which has been duly created by the Mayor as defined in Section 2-1-1 of the City Code, shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for text amendments, map amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct and review, from time to time, studies of the provisions of this title, and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this title. D. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the city. 10-4-6: Zoning Board of Appeals The City Zoning Board of Appeals, which has been duly created by the Mayor as defined in Section 2-2-1 of the City Code, shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or officer under the zoning regulations of this code. B. To hear and pass upon applications for variations from the terms provided in the zoning ordinance in the manner prescribed by and subject to the standards established therein. C. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. D. To enforce and make all decisions under the sign ordinance. 10-4-7: Variations A. Authority The Zoning Board of Appeals, after a public hearing, may recommend a variation to the regulations of this title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Zoning Board of Appeals holds a public hearing and makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. Unless otherwise specified herein, the Mayor and City Council shall have the final decision on variations. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 4: Zoning Administration and Enforcement B. Application and Notice of Hearing An application for a variation shall be filed in writing with the zoning administrator. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this section on which the Zoning Board of Appeals may act shall be submitted to the zoning administrator and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all owners of record whose lot or portion of a lot lies within five hundred feet (500’) of the subject property, measured from the subject property’s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor’s rolls and with sufficient postage affixed thereto, with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. C. Standards For Variations: 1. The Zoning Board of Appeals shall not vary the regulations of this title, nor recommend to the City Council variation of this title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois municipal code are complied with in addition to the following: A. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. B. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. C. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. D. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. E. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. F. The proposed variation is consistent with the official Comprehensive Plan and other development standards and policies of the city. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this title. D. Authorized Variations: 1. Variations from the regulations of this title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by no more than twenty-five percent (25%). [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 4: Zoning Administration and Enforcement b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. c. To permit the same off street parking facility to qualify as required facilities for two (2) or more uses provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f. To allow for the deferment, or land banking, of required parking facilities for a reasonable period of time, such period of time to be specified in the variance. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. 2. The concurring majority vote of the Zoning Board of Appeals members shall be necessary to grant a variation. 3. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. E. Action of the Zoning Board of Appeals: 1. The Zoning Board of Appeals, on those matters defined as authorized variations, shall render a decision of approval, approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action. 2. The Zoning Board of Appeals, on all other variations which shall be granted by the City Council, shall make recommendations to the City Council for approval, approval with conditions, or disapproval based upon the findings of fact as defined in subsection C of this Section for final action or for referral back to the Zoning Board of Appeals for further consideration. F. Revocation Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator. 10-4-8: Appeals A. Purpose An appeal may be taken to the Zoning Board of Appeals from any order, requirement, decision or determination made by the Enforcing Officer, by any person aggrieved by the action taken under the regulations of this Title. The Zoning Board of Appeals shall hear the appeal and forward its recommendation(s) to the Mayor and City Council for final determination. B. Initiation An appeal maybe taken within thirty (30) days of the action complained of by filling with the Enforcing Officer a notice of appeal specifying the grounds thereof, who shall forward such appeal to the Zoning Board of Appeals. C. Public Hearing A public hearing shall be conducted by the Zoning Board upon every appeal. [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 4: Zoning Administration and Enforcement D. Decisions The Board of Appeals may recommend to reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this Title, made by the Enforcing Officer and said recommendation shall be forwarded to the Mayor and City Council for final determination. 10-4-9: Special Uses A. Purpose The development and execution of this Title is based upon the division of the city into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1. Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. Initiation of Special Uses Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use An application for a special use or expansion of a special use shall be filed with the Zoning Administrator and shall be accompanied by such plans or data as required by the Zoning Administrator from time to time. Such application shall be forwarded from the Zoning Administrator to the Plan Council for review and Plan Commission for public hearing and recommendation to the Mayor and City Council. D. Hearing on Application for Special Use Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing and acted on in the following manner: 1. The city clerk shall publish notice of a public hearing on such application for variation, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. 2. The zoning administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within five hundred feet (500’) of the subject property, measured from the subject property’s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. 3. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor’s rolls and with sufficient postage affixed thereto, with return receipt requested. 4. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. E. Authorization For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite there from, [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 4: Zoning Administration and Enforcement such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed special use and a copy upon applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed special use. F. Standards No special use shall be recommended by the Plan Commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the Official Comprehensive Plan of the city as amended. G. Conditions and Guarantees 1. Prior to the granting of any special use, the Plan Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in subsection F. 2. In all cases in which special uses are granted the Plan Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the special use are being and will be complied with as required. H. Action of the Plan Commission 1. The Plan Commission shall make recommendations to the City Council to grant or deny an application for special use, and may establish such conditions and restrictions as defined in subsection G. above for final action. The City Council may grant or deny, by ordinance, any application for special use or refer back to the Plan Commission for further consideration. 2. Any application for a special use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Plan Commission shall not be approved except by the favorable vote of two-thirds (2/3) of all the members of the City Council, and any special use application which receives the favorable recommendation or favorable recommendation with conditions from the Plan Commission may be denied by a majority vote of the City Council. I. Effect of Denial of Special Use No application for special use, which has been denied wholly or in part by the City Council, shall be resubmitted for a period of one (1) year from the date of said denial, except on the grounds of new evidence or proof of change of conditions. J. Revocation In any case where a special use has been granted pursuant to the provisions of this Chapter, such approval shall become null and void unless it is in place and in active use within three (3) years of the date of issuance, unless extended by the Zoning Administrator. 10-4-10: Amendments [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 4: Zoning Administration and Enforcement A. Initiation of Amendments Text Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals , City official, majority beneficiary of land trust, contract purchaser or any property owner. Map Amendments may be proposed by the owner of the property involved, the Mayor and City Council, the Plan Commission, the Zoning Board, or other City official. B. Processing 1. Filing of Application; Contents: An application for an amendment shall be filed with the Zoning Administrator. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded to the Plan Commission with the request to hold a public hearing. 2. Hearing: Upon receipt in proper form of the application and statement referred to above, the plan commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published.3. Notice of Public Hearing: a. The city clerk shall publish notice of a public hearing on such application for amendments, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all owners of record whose lot or portion of a lot lies within five hundred feet (500’) of the subject property, measured from the subject property’s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor’s rolls and with sufficient postage affixed thereto, with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-7B of this Title. Such affidavit and the return receipts must be submitted to the zoning administrator no later than twenty-four (24) hours in advance of the public hearing. 3. Findings of Fact and Recommendation of The Plan Commission Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same, together with its recommendations to the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. The existing uses and zoning of nearby property. b. The extent to which the property values are diminished by the particular zoning restrictions. c. The extent to which the destruction of property values of plantiff promotes the health, safety, morals or general welfare of the public. d. The relative gain to the public as compared to the hardship imposed upon the individual property owner. e. The suitability of the subject property for the zoned purposes. f. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity if the subject property. g. The community need for the purposed use. h. The care to which the community has undertaken to plan its land use development. [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 4: Zoning Administration and Enforcement C. Decisions 1. Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for/or against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. 10-4-10: Annexations A. Petition for Annexation All annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation. B. Request for Zoning Amendments or Variations 1. Process: All petitions for annexation agreement requesting a zoning classification other than the R-1, Single Family Suburban zoning classification which is assigned to lands annexed to the city not requesting a rezoning, or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the city. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in section 10-4-13 of this chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. Public Notice and Hearing for Zoning Amendments and Variations in Annexation Agreements: The Plan Commission shall hold a public hearing on the zoning amendment aspects of annexation agreements in the following manner: a. The city clerk shall publish notice of a public hearing on such application for variation, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) calendar days in advance of the hearing in a newspaper of general circulation in the city. b. The Zoning Administrator shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all owners of record whose lot or portion of a lot lies within five hundred feet (500’) of the subject property, measured from the subject property’s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) calendar days in advance of the hearing. c. The applicant shall send the notice by certified mail properly addressed as shown on the county tax assessor’s rolls and with sufficient postage affixed thereto, with return receipt requested. d. The applicant shall also file a sworn affidavit containing a complete list of the names and last known addresses of all property owners entitled to notice and served, and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in Section 10-4-7B of this Title. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing. In the event that a zoning variation is being requested as part of the annexation agreement, the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the annexation agreement. C. Other Annexation Agreement Requests [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 4: Zoning Administration and Enforcement In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the city, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the city shall set the time and place of public hearing and the city clerk shall cause notice of the said hearing to be published in the manner specified in subsection B of this section above. At the conclusion of the hearings before the Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. 10-4-12: Permits and Certificates A. Building Permit 1. Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this title. 3. Site Plan and/or Plat of Survey: Every application for a building permit submitted to the officer shall be accompanied by a site plan and or Plat of Survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. B. Certificate of Occupancy 1. A certificate of occupancy to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in the use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued. C. Application For Certificate; Action On 1. Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be acted upon within five (5) business days after a written request for the same has been made to the officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the officer. If the proposed use is in conformity with the provisions of this title, the certificate of occupancy therefore shall be issued within five (5) business days after the application for the same has been made. D. Temporary Certificate Of Occupancy Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 4: Zoning Administration and Enforcement such restrictions and provisions as will adequately ensure the safety of the occupants. E. Contents Of Certificates Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title. F. Records Kept A record of all certificates of occupancy shall be kept on file in the office of the officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. 10-4-13: Fees and Penalties 1. Petitions pertaining to Annexation, Zoning Amendment, Special Use, Variances shall be responsible for application and application review fees as provided in Section 1-7-9 of this Code. 2. Any person who violates, disobeys, omits, neglects, and refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1-4-1 of this Code. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 5 Zoning Districts and Maps 10-5-1: Districts Established For the purpose and provisions herein, Yorkville is hereby organized into fifteen (15) districts. The minimum area that may constitute a separate or detached part of any zoning district shall be as follows: Table 10.05.01 Yorkville Zoning Districts Location in Title Zoning District Minimum Acres Chapter 9 A-1 Agricultural District --- Chapter 10 OS Open Space --- Chapter 11, Article A E-1 Estate District 1 Chapter 11, Article B R-1 Single-Family Suburban Residence 10 Chapter 11, Article C R-2 Single-Family Traditional Residence District 10 Chapter 11, Article D R-2 Duplex, Two-Family Attached Residence District --- Chapter 11, Article E R-3 Multi-Family Attached Residence District 5 Chapter 11, Article F R-4 General Multi-Family Residence District 2 Chapter 12, Article A O Office District 1 Chapter 12, Article B B-1 Local Business District 1 Chapter 12, Article C B-2 Retail Commerce Business District 2 Chapter 12, Article D B-3 General Business District 2 Chapter 12, Article E B-4 Service Business District 2 Chapter 13, Article A M-1 Limited Manufacturing District 10 Chapter 13, Article B M-2 General Manufacturing District 10 10-5-2: Zoning Map The boundaries of the zoning districts designated in Section 10-5-1 of this Chapter are hereby established as shown on the latest edition of the map entitled “Zoning Map: The United City of Yorkville”, which said map shall have the same force and effect as if the Zoning Map, together with all notations, references and other information shown thereon, were fully set forth and described herein. 10-5-3: District Boundaries When uncertainty exists with respect to the boundaries of the various districts shown on the Zoning Map, the following rules shall apply: A. District boundary lines are either the center lines of railroads, highways, streets, alleys or easements or the boundary lines of sections, quarter-sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated. B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter-sections or division lines, or center lines of streets, highways or [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 5: Zoning Districts and Maps railroad rights of way unless otherwise indicated. C. Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty five feet (25’). 10-5-4: Zoning of Streets, Alleys, Public Ways, Waterways and Railroad Right of Way All streets, alleys, public ways, waterways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad rights of way. Where the center line of a street, alley, public way, waterway or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. 10-5-5: Zoning of Annexed Land Any territory or land hereafter annexed to the City shall automatically, upon such annexation be classified within the R- 1 Residential District and be subject to all conditions and regulations applicable to land in such district until such land is subsequently rezoned; or the owner if owners of the territory or land to be annexed voluntarily enter into an annexation agreement which specific zoning classification and other restrictions affecting said territory or land concurrently with the petition for annexation and pursuant to Section 10-4-10 of this Title. The Plan Commission shall make findings of fact with respect to the appropriate zoning classification or classifications of the annexed land and forward its recommendation to the City Council. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 6 Permitted and Special Uses Table 10.06.01 Residential Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Mobile Home Park -------S1 S1 ------- Dwelling, Duplex ------P P P ------- Dwelling, Multi-Family -------P P -P2 S2 S2 S2 S2 S2 Dwelling, Single-Family P --P P P P P P ------- Dwelling, Townhouse -------P P ------- 1 10 Acre Minimum 2 Apartments above the first floor in a building used for business or as live/work space above a manufacturing use shall be permitted up to a maximum of two (2) apartments. Table 10.06.02 Institutional Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Cemetery S S S S S S S S S ------- Religious Institution, Large S --S S S S S S P P P P P S S Religious Institution, Small S --S S S S S S P P P P P S S Philanthropic Institution S --S S S S S S ------- Hospital S --S S S S S S -P P P P -- Library ---------P P P P P -- Nursing Home/Rest Home S --S S S S S S -P P -- College, University or Junior College S --S S S S S S P P P P P -- School, Public or Private ---P P P P P P ------- Key P = Permitted Use S = Special Use - = Not Permitted Use [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 6: Permitted and Special Uses Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Adult Daycare Facility --S S S S S S -S S S S S S S Adult Oriented Uses --------------S S Advertising Agency ---------P P P P P -- Agricultural Implement Sales and Services S -----------S P -- Agricultural Uses P S S ------------- Amphitheater -S S -------S S S S S S Amusement Park S S S ---------S S S S Animal Hospital S -----------S -- Antique Sales ---S -S -S S -P P P P -- Apiaries P --------------- Appliance - Service ------------P P -- Art Galleries/Art Studio -----------P P P P P Auction House P ------------P -- Automobile Parts/Accesories Sales -----------P P P -- Automobile Rental -----------P P P -- Automobile Repair ------------P P P P Automobile Sales and Service/Open Sales Lot ------------P P -- Bakery, Retail ----------P P P P S3 S3 Bank with Drive Through Facilities ---------P P P P P -- Barber/Beauty Shop ---------P P P P P -- Bed and Breakfast Inn S --S S -----S S S --- 3 Appurtenant to Wholesale [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 6: Permitted and Special Uses Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Bicycle Shop/Repair -----------P P P -- Billiard Parlor ----------S P P P -- Boat Sales and Rental -S S -------P P P P -- Boat Storage -S S -------S S S S S S Bookkeeping Service ---------P P P P P -- Bookstore ----------P P P P -- Bowling Alley -----------P P P -- Building Material Sales ------------P P -- 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, ready mix batch plants, and asphalt manufacturing plants --------------S S Campground S -S ------------- Car Wash without mechanical repair ------------P P P P Carpet and Rug Cleaning --------------P P Catering Service ------------P P -- Clothes - Pressing and Repair ----------P P P P -- Club/Lodge, Private ---------P P P P P -S Coffee Shop ---------P P P P P -- Commercial Feeding of Fish, Poultry, Livestock S --------------- Commercial Laboratory ---------P P P P P -- Commercial School, Trade School - offering training in classroom study ---------P P P P P -- Community Center --P --S S S S -P P P P S S [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 6: Permitted and Special Uses Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Contractor Facilities with Outdoor Storage --------------S S Contractor Offices --------------P P Cultivation of non-food crops and seeds used of cellulosic biofuels production P --------------- Dance Hall -----------P P P -- Daycare Facility -S S S S S S S -S S S S S S S Department Store -----------P P P -- Detective Agency ---------P P P P P -- Dressmaker - Seamstress ----------P P P P -- Dry Cleaning Establishment ---------S P P P P -- Dry Cleaning Plant --------------S S Employment Office ---------P P P P P -- Farming P S S ------------- Fertilizer Sales with Storage and Mixture S --------------- Forestration P --------------- Funeral Home/Mortuary/Crematorium ----------P P P P -- Furniture Repair and Refinishing ------------P P -- Gasoline Service Station -----------S S S S S Golf Course (see Section 10-6-1: Special Conditions)S -S P P P P P P ------- Golf Course, Miniature ------------P P -- Golf Driving Range S -S ---------P P -- Grain Elevators and Storage P --------------- Grocery Store ----------P P P P -- Health Club or Gymnasium -----------P P P -- [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 6: Permitted and Special Uses Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Heavy Machinery and Equipment Rental --------------P P Hotel/Motel/Motor Lodges/Tourist Courts -----------P P P -- Indoor Shooting Gallery/Gun Range (see Section 10-6-1: Special Conditions)----------S S S S S S Interior Decorating Studio ----------P P P -- Kennel, Commerical S -----------P P -- Liquor Store ----------P P P P -- Locksmith -----------P P P -- Massage Establishment ----------P P P P -- Medical Clinic ---------P P P P P -- Microbrewery/Brew Pub (see Section 10-6-1: Special Conditions)----------S S S S P P Motorcycle Sales and Service ------------P P -- Musical Instrument Sales/Repiar -----------P P P -- Newspaper Publishing -----------P P P P P Nursery/Greenhouses P -----------P P -- Outdoor Music Venues -S S -------S S S S S S Off-Track Betting (OTB) Establishments -----------S ---- Parks -P P P P P P P P P P P P P -- Pawnbrokers/Pawnshops ----------P P P P -- Pet Stores/Pet Supply -----------P P P -- Photography Studio/Camera Repair Shop ----------P P P P -- Playground -P P P P P P P P -P P P P -- Post Office/Retail Mail or Package Service ----------P P P P -- [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 6: Permitted and Special Uses Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Public Storage Facilities/Miniwarehouse Stor- age (see Section 10-6-1: Special Conditions)--------------S S Professional Services/Offices ---------P P P P P -- Radio and Television Studios ----------P P P P -- Recreation Center --P -------P P P P P P Recreational Camp - Private S P -------------- Recreational Vehicle Sales and Service -------------P P -- Repair of Household or Office Machinery or Equipment --------------P P Resale Dealers ----------P P P P -- Restaurant, Convenience and Fast Food ----------P P P P -- Retail Store includes Pharmacy/Drugstore ---------S P P P P S - Roadside Stand P --------------- Salvage Yard S --------------S Shoe and Hat Repair ----------P P P P -- Skating Rink --S ---------P P -- Stable or Paddocks P S S ------------- Stadium S -S ---------S S S S Swimming Pool - Indoor --S -------P P P P -- Tattoo and Body Piercing Establishment ----------P P P P P P Tavern - Nightclub or Lounge ----------S S S S S S Taxidermist -----------P P P -- Theater -----------P P P -- Trailer Camp/Park S ---------P P P P -- [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 6: Permitted and Special Uses Table 10.06.04 Manufacturing Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Any Assembly, Production, Manufacturing, Testing, Repairing or Processing that can and does operate in compliance with Performance Standards (see Section 10-6-1: Special Conditions) --------------P P Bakery (Wholesale - Retail Component Special Use)--------------P P Manufacturer of Firearms and Ammunition --------------P P Medical Cannabis Cultivation Center & Dispensaries (see Section 10-6-1: Special Conditions)--------------S S Research Laboratories --------------P P Aggregate Materials Extraction, Processing and Site Reclamation (Stone and Gravel Quarries)---------------S Welding Shop S -------------P P Wholesaling and Warehousing - Local Cartage Express Facilities - not including motor freight terminal --------------P P Table 10.06.03 Business Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Treatment Center ----------P P P P -- Truck and Trailer Rental ------------S P -- Truck, truck tractor, truck trailer, car trailer or bus storage yard - not include motor freight terminal --------------P P Upholstery Shop ------------P P -- Veterinary Clinic ------------P P -- Watch and Clock Sales and Repair -----------P P P -- Weaving and Mending - Custom -----------P P P -- [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 6: Permitted and Special Uses Table 10.06.06 Utility Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Communications Use S --------------- Electric Substation S S S S S S S S S -P P P P P P Filtration Plant S --S S S S S S -----P P Fire Station S --S S S S S S P P P P P P P Police Station S --S S S S S S P P P P P P P Public Utility - Electric substations and dis- tribution centers, gas regulation centers and underground gas holder stations S S S -----------P P Other Public Utility Facilities S S S P P P P P P -----P P Radio and Television Towers - Commercial S --S S S S S S -----P P Sanitary Landfill --------------S S Table 10.06.05 Transportation Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Airport S -------------S S Bus or Truck Storage Yard --------------P P Bus or Truck Garage or Streetcar House --------------P P Marina --S --------S S S S S Motor Freight Terminals --------------S S Railroad Passenger Station S --S S S S S S S S S S S S S Railroad Repair Shops, Maintenance Build- ings and Switching Yards S --------------S Taxicab Business ------------P P S S [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 6: Permitted and Special Uses Table 10.06.06 Utility Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Sewage Treatment Plant ---S S S S S S -----P P Solid Waste Disposal Site ---------S S S S S P P Utility Company Maintenance Yard --------------P P Utility Service Yard or Garage --------------P P Watchman Quarters (Dwelling Units)--------------P P Table 10.06.07 Alternative Energy Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Wind Farm S S S ------S ------ Freestanding Wind Energy System (FWES)S S S S S S ---S ----S S Building Mounted Wind Energy System (BWES)S -P S S S S S S S S S S S S S Solar Farm S S S ------S ------ Building Mounted Solar Energy Systems (BSES)P -P P P P P P P P P P P P P P Freestanding Solar Energy Systems (FSES)-S S S S S S S S S S S S S S S Table 10.06.08 Miscellaneous Uses Use Category Zoning Districts Ag Open Space Residential Business Manufacturing A-1 OS-1 OS-2 E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Accessory Building/Use and Structures P P P P P P P P P P P P P P P P Planned Unit Development (PUD)S --S S S S S S S S S S S S S [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 6: Permitted and Special Uses 10-6-1 Special Conditions A. Golf Courses: 1. Regulation size golf courses are permitted provided that no clubhouse ir accessory building shall be nearer than five hundred (500) feet to any dwelling on an adjacent zoning lot. B. Indoor Shooting Galleries/Gun Ranges: 1. When located in a multiple-tenant building shall only be located in an end unit and with the gallery/range not adjacent to an adjoining unit. 2. The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet from any property line that abuts a residentially zoned property. 3. The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty five percent (25%) of the total floor area. C. Manufacturing Uses: 1. All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within one hundred and fifty (150) feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in the Manufacturing Districts maybe open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight (8) feet high, but in no case lower in height than the enclosed storage and suitably landscaped. 2. However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half tons’ capacity may be unenclosed throughout the Manufacturing Districts, except for such screening of parking and loading facilities as may be required under provisions of Chapter 16 of this title. D. Medical Cannabis Cultivation Center: 1. Cultivation Center and Medical Cannabis Dispensing Organization in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) provided that the distance requirements set forth in that Act are also required for public parks and religious institutions for such use. E. Microbrewery: 1. Microbreweries/brewpubs, where if off premises consumption is allowed, all sales must be in a handcapped, sealed container with a total maximum production of fifteen thousand (15,000) barrels per calendar year inclusive of on premises and off premises sales. 2. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five percent (25%) of the total floor area. F. Public Storage Facilties/Mini Warehouse Storage: 1. Whenever a special use is granted for miniwarehouse storage under this M-1 zoning district or any other permitted zoning district, the following [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 6: Permitted and Special Uses restrictions shall apply: A. If the facility is within one hundred fifty feet (150’) of a residential 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 buildings and suitably landscaped consistent with the city’s landscape ordinance. B. A minimum of three (3) parking spaces shall be provided. C. There shall be a minimum of twenty feet (20’) between buildings. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 7 Dimensional and Bulk Requirements Table 10.07.01 Dimensional and Bulk Requirements Zone Zoning District Maximum Density Minimum Lot Size Minimum Lot Width Max. Lot Coverage Setbacks Max. Building Height Dwelling Unit Max. Height Religious Institution Max. Height F.A.R. Min. Front Min. Side*Transitional Yard Min. Rear A-1 Agricultural - ---100’1 50’--80’ (100’ for silos)30’45’ structures/75’ steeple 6 - OS Open Space ----30’10’-20’---- E-1 Estate Residential 1 dwelling unit/acre 1 acre 200’30%50’50’-40’40’ (3 stories)40’ (3 stories)45’ structures/75’ steeple 6 - R-1 Suburban Residential -18,000 sqft 100’25%40’15’ (40’)-50’30’ (2.5 stories)30’ (2.5 stories)45’ structures/75’ steeple 6 - R-2 Traditional Residential 3.0 dwelling units/acre2 12,000 sqft 2 80’ 2 20%30’10’ (30’)-40’30’ (2.5 stories)30’ (2.5 stories)45’ structures/75’ steeple 6 - R-2D Duplex 4.8 dwelling units/acre3 15,000 sqft 3 100’ 3 30%30’10’ (30’)-30’30’ (2.5 stories)(2.5 stories)45’ structures/75’ steeple 6 - R-3 Multi-Family Residential 5 dwelling units/acre (max. 6 units per building)4 9,000 sqft4 70’ (90’ for attached units)5 30%30’10’ (20’)-30’80’ (6 stories)30’ (2.5 stories)45’ structures/75’ steeple 6 - R-4 General Multi-Family 8 dwelling unit/acre 15,000 sqft4 70’ (90’ for attached units)30%30’12’ or 60% of build- ing height (20’)-40’80’ (6 stories)40’ (3 stories)45’ structures/75’ steeple 6 - O Office -20,000 sqft -50%30’10’ (20’)-20’80’ (6 stories)-45’ structures/75’ steeple 6 - B-1 Local Business -10,000 sqft -50%30’20’20’8 20’80’ (6 stories)-45’ structures/75’ steeple 6 - B-2 Retail Commerce Business -10,000 sqft -80%0’20’ (30’)30’8 20’80’ (6 stories)-45’ structures/75’ steeple 6 - B-3 General Business -10,000 sqft -50%50’20’ (30’)7 30’8 20’80’ (6 stories)-45’ structures/75’ steeple 6 - B-4 Service Business -10,000 sqft -50%50’20’ (30’)20’80’ (6 stories)-45’ structures/75’ steeple 6 - M-1 Limited Manufacturing ---60%25’min 10% of lot and max. 20’---45’ structures/75’ steeple 6 .8 max M-2 General Manufacturing ---60%25’min 10% of lot and max. 20’---45’ structures/75’ steeple 6 .85 max *Dimensions within () = requirement for side yards adjoining a street. (Note: For special uses refer to Zoning Ordinance) 1 200’ along IL Rte. 34 and IL Rte. 47 2 Lots with private wells and/or private sewage minimum 1 acre and 125’ width. Density shall not exceed 1 dwelling unit per acre on lots with private wells and/or private sewage treatment facilities. 3 Lots with private wells and/or private sewage minimum 1.5 acres and 150’ width. Density shall not exceed 1.3 dwelling units per acre on lots with private wells and/or private sewage treatment facilities. 4 Nonresidential principal uses shall have a minimum lot size of 15,000 square feet and 100’ width. A one-story structure shall have a minimum of 1,200 square feet and a two-story structure shall have a minimum of 1,400 square feet of livable space. 5 Minimum Building Separations in the R-3 as follows: Side to Side = 20 feet; Side to Rear = 40 feet.; Rear to Rear = 60 feet.; Front to Side = 50 feet.; Front to Front = 50 feet; Rear to Front = 100 feet. 6 Steeple or apex of the highest point of a rooftop feature 7 Parking lots in the B-3 District located adjacent to an arterial roadway, as defined in the City’s Comprehensive Plan, must maintain a minimum setback of twenty feet (20’) from the property line and ten feet (10’) from non-arterial roadways. 8 A transitional yard shall be maintained only when the adjoining use is a residential district zoned R-1 Suburban or R-2 Traditional Residential. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 8 Planned Unit Development 10-8-1: Purpose and Intent Planned Unit Developments are unique and differ substantially from conventional subdivisions and therefore require administrative processing as “Special Uses” under this Title. Planned Unit Developments are a complex type of Special Use, potentially consisting of various land uses and design elements, requiring the establishment of more specific procedures, standards and exceptions from the strict application of the zoning district regulations to guide the recommendations of the Plan Commission and the action of the City Council. The purpose of this chapter, therefore, is to provide for an alternative zoning procedure under which land can be developed or redeveloped with innovation, increased amenities and creative environmental and architectural design than would be possible to achieve under the otherwise standard zoning district regulations while being in general compliance with the planning objectives and intent of the zoning ordinance. Under this procedure, well planned residential, industrial/manufacturing, commercial and other types of land uses, individually or in combination, may be developed with design flexibility allowing for full utilization of the topographical and environmental characteristics of the site. Planned Unit Developments must have an approved development plan which provides for a unified design, contiguity between various elements and be environmentally compatible with the surrounding area. There should be an increased benefit upon the health, safety and general welfare of the public and particularly, in the immediate surroundings, than developments built in conformity with the underlying district regulations. If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD; then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development is not intended to be a mechanism solely used for the allowance of increased densities or as a means of circumventing the bulk regulations or zoning standards under this Title, rather a Planned Unit Development shall generally provide attributes in excess of conventional city zoning, building and other land use requirements such as, but not limited to the following: A. Providing a maximum choice of the overall living environment through a variety of type, design and layout of residential structures, commercial and industrial buildings, office and research uses and public facilities; B. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; C. Promoting a more useful pattern of dedicated open space and recreation areas incorporated as part of the development plan and that is compatible with the immediate vicinity; D. Provide public access and pedestrian connectivity via bicycle/recreational paths, sidewalks and/or alternative modes of transportation. E. Providing and or preserving substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; F. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of building materials, signage and way-finding standards as well as design elements. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; G. Retain, utilize and incorporate historic features on the project site into the overall project design, if physically and economically feasible; and/or H. Promote and strengthen the economic vitality and enhance the aesthetic qualities of unified large-scale commercial [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 8: Planned Unit Development developments. I. Encourage high-quality planned industrial park environments and well-designed business centers for single or multiple-tenant facilities. J. Provide/enhance regional public infrastructure such as roadways, water/sanitary service, storm water management objectives. 10-8-2: Authority A. The Plan Commission shall review and recommend approval, approval with modification or denial of applications for Planned Unit Developments. The City Council shall have final decision to approve, approve with modification, or deny applications for Planned Unit Developments. B. The procedures set forth in this chapter shall apply to all Planned Unit Developments. C. Planned Unit Developments may be allowed in each of the zoning districts in the United City of Yorkville only as a Special Use as prescribed in Chapter 6: Permitted and Special Uses and approved pursuant to the procedures set forth in Section 10-4-9 of this Title. D. Bulk regulations set forth in the Zoning Ordinance shall not apply to Planned Unit Developments; provided, however, that the Off-Street Parking and Loading regulations set forth in Chapter 16 of this Title shall apply to all Planned Unit Developments. 10-8-3:Definition and Size Limitations A Planned Unit Development is a tract of land which is developed as a unit under single ownership or control, which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned developments operated by a municipal corporation which shall be at least two (2) acres in area, and Planned Unit Developments in manufacturing districts which shall be at least ten (10) acres in area. All land area within a Planned Unit Development must be contiguous; provided that properties separated by highways, streets, public ways, railroads or other public utility right-of-ways may be deemed contiguous for the purpose of qualifying as a Planned Unit Development. Pursuant to the procedures set herein, the establishment of a Planned Unit Development shall be applicable to the addition of property to an existing Planned Unit Development. 10-8-4: Procedures for Establishment A. Planned Unit Development applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified in this Title shall be required at the time of the various phases, meetings and hearings as detailed herein. Each stage shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements before proceeding to the next stages. The approval process shall include the following stages: 1. Pre-Application Conference - Introductory meeting held with City staff as set forth in Section 10-8-5 of this Chapter. 2. Concept PUD Plan Review - An informal review of overall concept conducted by the City Council to provide constructive feedback to petitioner of plan as set forth in Section 10-8-6 of this Chapter. 3. Preliminary PUD Plat - First, a technical review of detailed plans by various city departments at a Plan Council meeting is held; a public hearing is then conducted by the Plan Commission; and final determination is made by the City Council, as set forth in Section 10-8-7 of this Chapter. 4. Final PUD Plat - A public hearing is then conducted by the Plan Commission with final determination made by the City Council, as set forth in Section 10-8-8 of this Chapter. B. The final two (2) stages of the PUD process, Preliminary PUD Plat and Final PUD Plat, may be submitted and reviewed [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 8: Planned Unit Development concurrently, as determined by the Plan Council, based upon the following criteria: 1. The PUD plan forwards the goals of the city’s planning objectives and official plans, including but not limited to, the Integrated Transportation Plan, Downtown Vision Plan, Stormwater Management Plan and various watershed development plans. 2. The PUD plan requires limited variances from the use or bulk regulations of the conventional/underlying zoning district in which it is to be located. 3. The benefit of the PUD plan shall forward or exceed the goals of the stated development standards and regulations of city ordinances, which include but are not limited to, the Subdivision Control Ordinance, Landscape Ordinance, Sign Ordinance, Design Guidelines and Water Conservation Ordinance. 10-8-5: Pre-Application Conference A. Purpose The purpose of the pre-application conference is to provide information, guidance and assistance to the applicant before preparation of the concept plan so that the applicant may receive informal input on: 1. Whether the proposed Planned Unit Development will be in conformity with the planning and other development goals and the policies of the United City of Yorkville. 2. Whether the existing zoning and land use in the general area of the Planned Unit Development is appropriate for a Planned Unit Development. B. Procedure Prior to filing an application for approval of a Planned Unit Development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal pre-application meeting with city staff and its consultants. 1. The pre-application conference is mandatory and shall be held with staff, but is at no charge to the petitioner. At such conference, the applicant shall provide information relating to the following: a. The location of the proposed Planned Unit Development; b. The land use types and approximate area of proposed land uses; c. A list of any and all exceptions to the zoning ordinance and subdivision regulations requested; and d. Other information pertinent to the proposed Planned Unit Development. 2. The pre-application conference shall be an informal communication and discussion of the proposed Planned Unit Development, and no commitments shall be given, nor shall statements or opinions of the city staff and its consultants be deemed binding. 3. Staff shall review and provide input on the proposal’s compatibility with the comprehensive plan and the goals and policies for planning of the city and advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a Planned Unit Development. (Ord. 2006-40, 5-23- 2006) 10-8-6: Concept PUD Plan Review A. Purpose The presentation of a Concept PUD Plan is optional. The purpose of the Concept PUD Plan is to enable the applicant to obtain the informal feedback from the city staff and City Council regarding the overall project concept, density and dwelling unit or land use type prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 8: Planned Unit Development B. Procedure Not less than forty-five (45) days before the next available City Council meeting, the applicant shall submit to the City for review the conceptual Planned Unit Development plan. The submittal shall consist of twenty (20) paper copies folded to fit in a 10” x 13” envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fee. 3. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall be one-inch equals one-hundred (1” = 100) scale, but no less than one-inch equals four hundred (1” = 400) and shall include the following: a. Title or Name of the proposed Planned Unit Development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 4. A zoning plat including a legal description of the property with total property acreage notated to be included in the Planned Unit Development. 5. A written explanation of the general character of the proposed Planned Unit Development that shall include the following: a. A description of all proposed land uses (including open space) with percentages of each use; b. Projected densities and housing type for each residential use; c. A description of the development standards and design criteria applicable to the proposed Planned Unit Development; d. An outline describing why the property should be developed as a Planned Unit Development; e. Identification of the conventional zoning classification allowing the uses for each land use type included and compatibility to the future land use designation for the property in the City’s official Comprehensive Plan; f. Identification of existing uses and zoning of adjacent properties to the Planned Unit Development. g. A list of requested exceptions to applicable city ordinances and codes. 6. A written description of general site information that should include, but shall not be limited to, the following, if known or available: a. Existing site conditions. b. Environmental characteristics. c. Availability of community facilities and utilities. d. Existing covenants. 7. A conceptual Planned Unit Development sketch or land plan. The sketch or land plan shall provide sufficient detail to demonstrate the physical relationship between the existing land condition, surrounding land uses and the proposed Planned Unit Development, and shall include the following: a. North arrow (true meridian), scale and date of preparation. b. Name and address of the site planner, or engineer who prepared the plan. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 8: Planned Unit Development c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the Planned Unit Development. f. Location map showing the location of the Planned Unit Development within or proximity to the corporate boundaries. g. Boundary and/or property lines of proposed development and dimensions of the lots into which the property is proposed to be subdivided. h. Proposed land uses, and total acreage and percent of the site devoted to each land use including minimum and average lot sizes and proposed dedication of land for school and park sites, if applicable. C. City Council Review The City Council shall conduct an informal review of the conceptual Planned Unit Development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the transportation plan, zoning ordinance, subdivision ordinance and land use planning goals and objectives of the city. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other information the City Council would recommend be prepared for the preliminary Planned Unit Development plan phase. 10-8-7: Preliminary PUD Plat A. Purpose The purpose of the Preliminary PUD Plat submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a Preliminary PUD Plat, and that any final plans will be approved provided they substantially conform to the Preliminary Planned Unit Development Plat. Approval of the Preliminary Planned Unit Development Plat shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B. Procedure Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk’s Office for Preliminary Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10” x 13” envelope and two (2) electronic copies of the following documentation: 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Disclosure of beneficiaries form and statement of present and proposed ownership of all land within the development. 4. An aerial photograph exhibit of the property taken within the last two (2) years of the adjacent area within one- fourth (1/4) mile of property. The aerial photograph exhibit shall be one-inch equals one-hundred (1” = 100) scale, but no less than one-inch equals four hundred (1” = 400). 5. Written explanation of the character of the Planned Unit Development and the reasons why it has been planned to vary from the conventional Zoning Ordinance regulations. This explanation shall detail how the proposed Planned Unit Development meets the objectives of all official plans which affect the subject property. 6. Preliminary Planned Unit Development Plat. The plat shall be a detailed plan which includes at a minimum, the [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 8: Planned Unit Development following information: a. Title notation stating “Preliminary Plat” or “Preliminary Plan”. b. North arrow, scale (not less than 1 inch equals 100 feet) and date of preparation. c. Name and address of the site planner, engineer or surveyor who prepared the plan. d. Name of property owner. e. Name of petitioner/developer. f. Proposed name of the Planned Unit Development or subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County. g. Location map showing the general area of the Planned Unit Development within or proximity to the corporate boundaries. h. Legal description prepared by a registered land surveyor. i. Boundary lines – bearings and distances. j. Site data, including, as applicable: 1) Current zoning classification. 2) Total area of property in square feet and acreage, and percentage of each proposed land use. 3) Square footage and percent of site coverage with buildings. 4) Square footage and percent of site coverage with impervious surfaces. 5) Square footage and percent of site covered dedicated to common open space such as storm water management systems, landscaping and buffers, parks, trail corridors and recreational areas. 6) Total number of off-street parking and loading spaces provided and method used to calculate the number of required spaces for each land use. 7) Total number of buildings. 8) Total number of residential dwelling units by type, and the number of bedrooms in each dwelling unit type. 9) Gross Floor Area for all non-residential buildings/uses. 10) Gross and net densities for the overall Planned Unit Development and for each land use. a. Residential Density: Provide information on the density of residential uses, including dwelling units per acre, dwelling units per net acre; gross and net residential density (dwelling units per acre of land devoted to residential sectors of the PUD; gross being all land, net being gross acres minus land used for public or common usage). Information should also be provided for each unit in the Planned Unit Development, if applicable. b. Non-Residential Intensity: Provide information on the type and amount of non-residential uses including building locations, sizes, floor area ratio, building height, the amount and location of common open space. 11) Minimum, maximum and average lot sizes. 12) Percent of lot coverage for all uses except detached single-family and duplex. [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 8: Planned Unit Development k. Depiction of Lots: a. Residential lots shall depict approximate lot dimensions; building footprints for all multi-family and single- family attached structures; and dimensioned required yard setbacks. b. Non-residential lots shall depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of non-residential buildings shall also be provided. l. Existing zoning and land use of adjacent property within five hundred feet (500’) of all sides of the site. m. Other conditions of adjoining land – owners of un-platted land; subdivision plat name, recording date and number of adjoining platted land; actual direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines and towers. n. Municipal limits. o. School district boundaries. p. Existing easements – location, width and purpose. q. Location of existing streets in, and adjacent to, the property including: street name, right-of-way width, existing and proposed center lines, pavement type, walks, trails, curbs, gutters, culverts, etc. r. Proposed public improvements such as highways and other major improvements planned by public authorities for future construction on or near the property. s. Existing utilities on, and adjacent to, the property including: location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines (above and below ground) and street lights; direction and distance to, and size of nearest water mains and sewers adjacent to the property showing invert elevations. t. Ground elevations on the property and on the first fifty feet (50’) of all adjacent parcels showing a minimum of one foot (1’) contours for land which slopes less than one-half percent (½%) along with all breaks in grades, and all drainage channels or swales, and at selected points not more than one hundred feet (100’) apart in all directions; for land that slopes more than one-half percent (½%) showing a minimum of two foot (2’) contours. Any land within the one hundred (100) year floodplain, as determined by the City Engineer or an outside consultant, shall also be shown. u. Subsurface conditions on the property shall be shown, if deemed required by the City Engineer or an outside consultant. This includes the location and results of tests made to subsurface soil, rock and groundwater conditions, depth to groundwater, unless test pits are dry at a depth of fifteen feet (15’); location and results of a soil percolation test if individual sewage disposal systems are proposed. v. Water courses, marshes, rock outcrop, wooded areas, existing vegetation, isolated trees four inches (4”) or more in diameter at breast height, existing structures and other significant features. w. Location of all proposed off-street parking and loading areas, including dimensions of parking spaces, drive aisles and loading zones. x. Configuration of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. y. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. z. Pedestrian and/or bicycle circulation systems. aa. Limits of jurisdictional and non-jurisdictional wetlands. bb. Any other data reasonably necessary to provide an accurate overview of the proposed development. [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 8: Planned Unit Development 7. Preliminary landscape plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. The landscape plan shall also depict permanent signs and street fixtures, and a detail plan of landscaping for a typical building area. 8. Preliminary engineering plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall illustrate an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements, and be accompanied with: a. A feasibility report or statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. b. Preliminary stormwater report. c. Preliminary mass grading plan. d. Traffic analysis or study, prepared by a transportation engineer or planner, which analyzes the impact caused by the Planned Unit Development on the street and highway systems. 9. Architectural drawings. Preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. 10. Development Plan Schedule indicating: a. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. b. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. c. Dates for beginning and completion of each stage. 11. The Plan Commission or City Council may require preparation and submittal, at the petitioner’s expense, of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the Planned Unit Development will have on all taxing bodies, and anticipated revenues to such taxing bodies which will be realized from each phase of development. Information shall include detailed estimates on: 1) Expected population of the development; 2) Impact on service and/or operating costs to be incurred by each taxing body as a result of the development; 3) Any major capital investments required, in part or in whole, by each taxing body due to the development; b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Environmental analysis or study, prepared by an environmental specialist, which analyzes the major impacts the Planned Unit Development may have on the environment including, but not limited to, the effects on discrete ecosystems, deteriorated air quality in the immediate vicinity and along arterial and collector roadways leading [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 8: Planned Unit Development to the Planned Unit Development from a specified distance determined by the City Engineer or consultant; any deterioration in the groundwater or surface water quality; effect on sensitive land areas such as floodplains, wetlands, forests, aquifer recharge areas, historic buildings or structures, prairie landscapes, and mineral resource reserves. d. Market study indicating the extent of market demand for the uses proposed in the Planned Unit Development including an analysis of demographics, sales potentials, competitive alignment, an assessment of the market share or opportunity gaps, and marketing positioning of each component of the Planned Unit Development. C. Plan Council Review Upon receipt of all the required submittals, the clerk’s office shall distribute copies of the application and supporting documentation to members of the Plan Council. The Plan Council shall review the Preliminary Planned Unit Development Plat and supporting documentation and make a recommendation to the Plan Commission as to the proposal’s compatibility with the city’s planning objectives, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for developing the city. D. Plan Commission Review The Plan Commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the Plan Commission shall recommend to the City Council approval or denial of the Preliminary Planned Unit Development Plat. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. E. Park Board Representative When applicable for the Park Board’s review of the Preliminary Planned Unit Development Plat and supporting documentation, the Park Board shall have a representative present at the Plan Commission public hearing meeting for input and recommendation to the City Council. The recommendations may include conditions of approval intended to be incorporated into final plans and supporting documentation. 1) Park Board Representative’s Purview (If Applicable): The Park Board Representative shall consider the following standards when considering the Preliminary Planned Unit Development Plat and supporting documentation: a. Compatibility of the proposal with the recreation master plan and park development standards. b. Layout and organization of the open space system. c. Compliance with the city’s land-cash ordinance for parks. F. City Council Review Subsequent to receiving the Plan Commission and Park Board recommendations, the City Council shall conduct a public hearing and shall approve or deny the application for the Preliminary Planned Unit Development Plat. 10-8-8: Final PUD Plat A. Purpose A Final Plat for the Planned Unit Development, suitable for recording with the Kendall County Recorder of Deeds, shall be prepared by the petitioner for consideration and approval by the city. The purpose of the Final PUD Plat submission is to designate and depict with particularity the land subdivided into lots, whether conventional or otherwise, common open space and building areas. The Final Plat shall also designate and limit the specific internal uses of buildings, structures, and uses of land, as well as provide any additional information or details required by the City Council when approving the Final PUD Plat. B. Procedure Not less than forty five (45) days before the Plan Commission meeting, the applicant shall file an application with the Clerk’s Office for Final Planned Unit Development Plat approval. The applicant shall submit twenty (20) paper copies folded to fit in a 10” x 13” envelope and two (2) electronic copies of the following documentation: [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 8: Planned Unit Development 1. A completed notarized application form, two (2) originals and the remainder photocopies. 2. The application shall be accompanied by the appropriate filing fees. 3. Final Planned Unit Development Plat. The plat shall be a detailed plan which includes, at a minimum, the following information: a) An accurate legal description of the entire area under the immediate development within the Planned Unit Development. b) A subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Yorkville Subdivision Control Ordinance and Municipal Code. c) An accurate legal description of each separate unsubdivided use area, including common open space. d) Designation of exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put, including construction details. e) Illustrate center line elevations, pavement type, curbs, gutters, culverts, etc., and a proposed street numbering designation shall also be furnished for each building. f) Construction plans detailing the design, construction or installation of site amenities; including buildings, landscaping, storm water detention facilities and other site improvements. g) Certificates, seals, and signatures required for the dedication of land and recording of the document. h) Tabulations on each separate unsubdivided use area, including land area, number of buildings, and number of dwelling units per acre. i) Construction schedule – A final construction schedule indicating: i. Stages in which the project will be built, with emphasis on area, density, use of public facilities, and open space to be developed with each stage. ii. Each stage as a separate unit. The unit shall be described and mapped on the project. Overall design of each unit shall be shown on the plan and through supporting graphic materials. iii. Dates for beginning and completion of each stage. 4. Common Open Space Documents: All common open space, at the discretion of the City Council, shall be: a) Conveyed to a city or public corporation, or conveyed to a not-for-profit corporation or entity established for the purpose of benefitting the owners and residents of the Planned Unit Development or adjoining property owners of any one or more of them. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b) Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. c) Such documents shall also provide that the city shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have the authority to place a lien against the individually- owned property in the Planned Unit Development for the costs thereof. 5. Public and Quasi-Public Facilities – Guarantee of Performance: All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development, including but not limited to, parks, schools, recreational areas, etc., shall guarantee the completion of such, as set forth in the Yorkville Subdivision Control Ordinance, except where varied by the approved Final Plat. 6. Final covenants, conditions and restrictions and/or homeowner association bylaws. [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 8: Planned Unit Development 7. Delinquent Taxes – A certificate shall be furnished from the County Tax Collector that no delinquent taxes exist and that all special assessments constituting a lien on the whole, or any part, of the property of the Planned Unit Development have been paid. 10-8-9: Amendments or Minor Revisions to PUD After the approval of the Final Planned Unit Development Plat, the use of land, construction, location of buildings and structures in the Planned Unit Development shall be developed in accordance with such approved plans, rather than by any other provisions of the zoning ordinance. Any changes, modifications or alterations to the approved Final Planned Unit Development Plat shall be considered either a minor or a major modification. 1. No changes may be made to the approved Final Planned Unit Development Plat unless approved by the city. The nature of the requested change, either minor or major, to the Planned Unit Development will be determined by the City Administrator, or designee, as follows: A. Minor Changes: Minor changes to the Final PUD Plat are modifications or revisions that do not alter the overall intent of the PUD. Minor changes may be approved by the City Administrator, or designee if the proposed modification does not result in any of the following: i. An increase or decrease in overall density greater than five percent (5%). ii. An increase or decrease in the mixture of residential dwelling unit types greater than five percent (5%). iii. An increase or decrease in area for any land use or land use mixture greater than five percent (5%). iv. An increase or decrease in total number of parking spaces greater than five percent (5%). v. Any reduction in area of common open space, landscaping or buffering, particularly when reduced below the minimum standard prescribed in Section 10-8-11: Development Standards and Design Criteria. vi. Any significant changes in building layout, orientation or height of buildings. vii. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be appealed by the applicant or property owner to the City Council without review and recommendation by the Plan Commission or Park Board Representative (when applicable), unless the City Council refers the request for a minor change to the Plan Commission or Park Board Representative (when applicable) for review and recommendation. B. Major Changes: Major changes to the Final PUD Plat are modifications which alter the concept or intent of the approved PUD exceeding the criteria set forth constituting a minor change. Major changes to the Final PUD Plat shall be subject to review and recommendation by the Plan Commission and Park Board Representative (when applicable) with final approval or denial determined by the City Council. C. Application for PUD Modification or Changes: For any modifications or changes resulting in an amendment to an approved Final PUD Plat, the applicant shall submit a revised plat and supporting data with an application for a major or minor change to the Clerk’s Office in accordance with the following: i. The title of the plat shall indicate the nature of the change. ii. If a major change, the revised plat and supporting data with an application shall be submitted to the Clerk’s Office not less than forty five (45) days before the Plan Commission meeting. D. Notice for Major Changes to PUD Plat: The notice for a major change to an approved Final PUD Plat shall conform to the requirements of Section 10-4-10: Amendments of this Title. E. All approved major or minor changes to an approved Final PUD Plat shall be recorded with the County and shall be binding on the applicants, their successors, grantees and assigns and shall govern the development of the PUD, as set forth therein. [ United City of Yorkville Zoning Ordinance ][ 12 ] Chapter 8: Planned Unit Development 10-8-10: Conditions for Approval The Plan Commission may recommend approval of a Special Use for Planned Unit Development or amendments to the Preliminary or Final Planned Unit Development Plat for the proposed development or amendment upon considering the following: 1. In what respect does the design of the Planned Unit Development meet the requirements and design standards of the development standards and design criteria, 2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the zoning ordinance and how the modifications in design standards from the subdivision control regulations fulfill the intent of those regulations. 3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to, the adequacy of common open space and/or public recreational facilities provided; sufficient control over vehicular traffic; provision of public services; provision and protection of the reasonable enjoyment of the land. 4. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to the adjacent properties and nearby land uses. 5. The extent to which the Planned Unit Development fulfills the objectives of the future planning objectives or other planning policies of the City. 6. The Plan Commission finds that the Planned Unit Development satisfactorily meets the standards for Special Use as defined in Section 10-4-9 of this Title. 10-8-11: Development Standards and Design Criteria A. Purpose The purpose of this section is to establish and provide a comprehensive set of standards and guidelines in which Planned Unit Developments are designed. While specific recommendations for development and design are provided, flexibility is also encouraged through guidelines which enable individual developments to be distinct from one another while maintaining the inherent character of the city. B. Applicability These standards and established criteria shall apply to all newly constructed buildings and sites within a Planned Unit Development. Each proposed development will be evaluated on its compliance with the established regulations/guidelines contained herein. C. Density The density, minimum lot size and minimum setback dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Special Use request. D. Use Regulations Planned Unit Developments may be comprised of a single-type of land use or a mixture of land uses when applicable and when different intensity of land uses are appropriately buffered or separated. 1. Uses proposed shall be consistent with those listed as allowable uses in the respective zoning districts. 2. Uses listed as special uses in the zoning district in which the development is located may be allowed. E. The Plan Commission may recommend and the City Council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwelling shall be located not more than two hundred feet (200’) from the dwelling served. F. The Plan Commission also may recommend and the City Council may approve yards of lesser widths or depths than [ United City of Yorkville Zoning Ordinance ][ 13 ] Chapter 8: Planned Unit Development required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned unit development is included and the plan is developed to afford adequate protection to neighboring properties, i.e. fire protection and sufficient area needed for utility easements, as recommended by the Plan Commission and approved by the City Council. G. Design Criteria: All standards of the United City of Yorkville Design Guidelines (Ord. 2009-28) and the Section 7.00 Design Standards of the United City of Yorkville Subdivision Control Ordinance’s shall apply to all Planned Unit Developments. 10-8-12: Fees The City Council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be filed in the clerk’s office and may be altered or amended only by the City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 2006-40, 5-23-2006) 10-8-13: Effective Period of Planned Unit Development A. The planned unit development shall be constructed in a timely manner. The planned unit development shall be subject to revocation under the following conditions: 1. Final Plat approval does not occur within twelve (12) months from the date of approval of the preliminary plat of a planned unit development. 2. Construction does not commence and proceed within three (3) years from the date of approval of the Final Plat of a Planned Unit Development. 3. The City Council may extend the time limits for Final Plat approval for no more than two (2) 12-month periods. Commencement for construction may also be extended by the City Council in one (1) year increments. B. The City Council may initiate or the owner of the parcel of land on which the Planned Unit Development is to be constructed may apply for the revocation of the Planned Unit Development. The owner shall be notified, in writing, at least thirty (30) days prior to the City Council’s consideration of the revocation if initiated by the City Council. C. The City Council shall consider, but not be limited to, the following standards in the review of the status of the project construction to determine whether there is reasonable cause for delay: a. The original program of development with regard to market demand for the components included in the final plan; b. Conditions in the real estate finance market; c. General economic conditions in the local area, state or region; d. The ability and purposefulness of development operations for the Planned Unit Development; and e. Laws, ordinances or other regulations that may have affected timely development of the project. D. Upon consideration of the findings by the City Council regarding the standards in Subsection 10-8-13-C, the City Council shall decide whether: [ United City of Yorkville Zoning Ordinance ][ 14 ] Chapter 8: Planned Unit Development a. To revoke those portions of the Planned Unit Development for which construction has not begun; b. To extend the time allotted for construction to commence based upon a revised schedule of construction, or c. To require special changes in the Planned Unit Development as a condition of a time extension, whereby such changes shall be deemed a “major change” to the Planned Unit Development. E. Upon revocation of a Planned Unit Development, the parcel of land shall conform to the permitted uses and other regulations of the underlying zoning district of which it is a Special Use unless an amendment or other Special Use is initiated by the City Council or is applied for by the owner of the parcel of land on which the Planned Unit Development was to be constructed and granted by the City Council. 10-8-14: Effective Date This ordinance shall be in full force and effective immediately after passage, approval and publication in book form according to law, and its regulations shall be in effect except where a Final Plat for Planned Unit Development has been approved and building permit issued prior to the enactment of this ordinance, and further providing that substantial change of position, expenditures or incurrence of obligations by or on behalf of the applicant of such approval or building permit would occur as a result of compliance with the ordinance. Applications for Concept PUD Plan Review, or amendments to approved Preliminary PUD Plat or Final PUD Plat under the former Planned Unit Development (Ord. 2006-40, 5-23-2006) shall automatically become null and void by the enactment of this ordinance, unless acted upon prior to the enactment of this ordinance. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 9 Agricultural Uses 10-9-1 Purpose and Intent The regulations for the agricultural district are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the city for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreational facilities; and to allow for interim adaptive reuse of marginal agricultural and or pasture lands pending the orderly redevelopment of the real estate for all other uses permitted under the various use districts under this title. 10-9-2 Uses Permitted A. Agricultural uses such as, but not limited to, the following: 1. Apiaries 2. Cultivation of non-food field crops and seeds used for cellulosic biofuels production 3. Farming of any kind related to floriculture, horticulture, orchards and viticulture 4. Forestation for farming or carbon sequestration 5. Greenhouses and nurseries 6. Grain elevators and storage 7. Stables or paddocks 8. Temporary roadside stand offering for sale only products homemade, handcrafted, grown, harvested, or cultivated by owner or resident of property. B. Single-family residential dwellings, provided that the occupants of the dwelling units are engaged in the agricultural activities on the premises and then only three (3) additional single-family dwellings shall be permitted for the total parcel zoned agricultural district and annexed to the city; regardless if later subdivided into separate parcels after annexation. However, in the event of approval for rezoning to a residential use on the subject parcel or any portion thereof, this section shall not apply. The City Council reserves the right to require issuance of a residential building permit within an agricultural district prior to annexation, subject to the City Council’s approval of the residential building site, with regard to its compatibility with the planning objectives, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. C. Auction House All buildings and structures utilized for the conduct of an auction shall be located not less than three hundred feet (300’) from any lot line. D. Signs: As permitted and regulated pursuant to the applicable provisions of this code. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 9: Agricultural Uses 10-9-3 Special Uses Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. Animal hospitals provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Bed and Breakfast Inn. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100’) from a lot line. Religious institutions (small and large). Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Commercial or private dog kennels provided that they are located not less than five hundred feet (500’) from a residential lot line. Communications use. Daycare facilities and preschools. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300’) from a lot line. Hospitals for human beings, provided that said use is conducted in such a manner as to conform to the health and sanitation regulations of the County and State. Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic institutions. Planned Unit Developments (PUDs) in accordance with the regulations as set forth in Chapter 8 of this Title. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area, trailer park/camp or campgrounds. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 9: Agricultural Uses Public utility and service facilities, including fire and police stations. Railroad passenger depots. Railroad right of way and trackage, including classification/switching yard, terminal facilities, piggy-back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Salvage yard, provided that no wrecking and/or crushing activities are permitted on the property and all vehicular storage, buildings and accessory structures are located no closer than three hundred feet (300’) from any lot line. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations Solar Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. Wind Energy Systems in accordance with the regulations as set forth in Chapter 22 of this Title. 10-9-4 Accessory Uses A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100’) from a lot line. B. Roadside stands in the immediate area of the premises but not including live animals and provided that such stands shall not contain more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off-street parking. Temporary roadside stands of portable or sectional construction shall be subject to a temporary permit for a period not to exceed six (6) months, and such stands are to be removed when not in use. 10-9-5 Dimensional and Bulk Requirements A. Building Setbacks: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Routes 34, 71, 126 and 47) two hundred feet (200’) from the right of way. 2. All other streets or roads, one hundred feet (100’) from the recorded or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50’). C. Building Height: Residential structures shall have a maximum height of thirty (30) feet, however, grain silos shall not exceed a height of one hundred (100) feet; all other buildings and structures shall have a maximum height of eighty (80) feet. 10-9-6 Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. 10-9-7 Building Permits, Codes, and Fees All existing buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. All new construction for buildings, accessory uses and structures on agriculturally zoned property shall adhere to all requirements for building permits, codes and fees. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 9: Agricultural Uses 10-9-8 Fencing Restrictions The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 10 OS-1 OPEN SPACE DISTRICT (PASSIVE) 10-10A-1: Purpose The land use regulations established for the OS-1 Open Space District are intended to govern the use of city-owned passive green space and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as open space, passive recreational areas, and parks identified in Yorkville’s Park and Recreation Master Plan. These regulations are also intended to provide for the protection, conservation and utilization of high-quality natural resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and maintain or establish appropriate buffers between differing land use types or intensities. 10-10A-2: Uses Permitted A. The following uses shall be allowed in this district: 1. Bicycle trails. 2. Community gardens. 3. Conservation areas. 4. Hiking paths. 5. Parks. 6. Stormwater detention facilities. B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-1 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10A-3: Special Uses A. The following special uses shall be allowed in this district: 1. Cemetaries. 2. Agricultural uses as provided in Chapter 9 A-1 Agricultural District. 3. Public utility facilities, including electric substations and distribution centers, gas regulation centers and underground gas holder stations. 4. Freestanding Wind Energy Systems (FWES) 5. Solar Farms. 6. Freestanding Solar Energy Systems (FSES) [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 10: OS-1 Open Space District (Passive) 7. Municipal Public Works facilities. 8. Boat Sales and Rental 9. Boat Storage 10-10A-4: Accessory Uses, Buildings and Structures A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-1 Open Space District: 1. Arbors, gazebos, pergolas, and pavilions. 2. Bicycle racks. 3. Commercial radio, telecommunication and television towers, antennas and facilities. 4. Parking lot or facilities. 5. Picnic tables, bleachers and tents. 6. Playground equipment. 7. Public sculpture gardens. 8. Sheds. 9. Outside storage of park related materials. 10. Other uses, buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-1 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and approval of the City Council. 10-10A-5: Dimensional and Bulk Requirements A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty (30) feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building or accessory structure height shall be six (6) stories or eighty feet (80’). 10-10A-6: Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 10 OS-2 OPEN SPACE DISTRICT (RECREATIONAL) 10-10B-1: Purpose The land use regulations established for the OS-2 Open Space District are intended to govern the use of city-owned recreational areas and park land in the City of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or intended for use as active recreational areas, public gathering areas or facilities and parks identified in Yorkville’s Park and Recreation Master Plan. These regulations are also intended to provide safe and accessible indoor and outdoor leisure and entertainment space for the general public while maintaining or establishing an appropriate buffer between differing land use types or intensities. 10-10B-2: Uses Permitted A. The following uses shall be allowed in this district: 1. All permitted uses in the OS-1 Open Space District. 2. Community center. 3. Playgrounds. 4. Recreation Center. 5. Building Mounted Wind Energy Systems (BWES) 6. Building Mounted Solar Energy Systems (BSES) 7. Amphitheaters and Outdoor Music Venues B. Any other use determined to be compatible by the Plan Commission with the above-stated uses and those uses adjoining may be permitted. C. Signs are permitted in the OS-2 Open Space District, as regulated pursuant to the applicable provisions of this code. 10-10B-3: Special Uses A. The following special uses shall be allowed in this district: 1. All special uses permitted in the OS-1 Open Space District. 2. Boat sales and rental. 3. Boat storage. 4. Campgrounds. 5. Golf course. 6. Golf driving range. 7. Skating rink. 8. Stadium. 9. Indoor swimming pool. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 10: OS-2 Open Space District (Recreational) 10. Daycare facility, adult. 11. Daycare facility, child. 12. Marina. 10-10B-4: Accessory Uses, Buildings and Structures A. Notwithstanding the provision of the permitted uses of this section, the following accessory uses, buildings, and structures shall be allowed in the OS-2 Open Space District: 1. Accessory buildings including, but not limited to, indoor recreation and fitness facilities, clubhouses, washrooms, maintenance buildings and storage lockers. 2. Outside storage of park related materials. 3. Sheds. 4. Arbors, gazebos, pergolas, and pavilions. 5. Public sculpture gardens. 6. Commercial facilities, including concession stands when ancillary to the operation of the public recreational use. 7. Outdoor cabanas, showers, and changing areas. 8. Privately operated recreational facilities open to the general public. 9. Tennis courts. 10. Picnic tables, bleachers and tents. 11. Playground equipment. 12. Bicycle racks. 13. Skate park/ramps. 14. Other uses, buildings and structures which are deemed compatible by the Plan Commission. B. Temporary uses shall be permitted in the OS-2 Open Space District subject to conditions, as follows: 1. Aside from city-sponsored events, any public or private festival, carnival or recreational sporting event shall be permitted only with prior review by the Park Board and approval by the City Council. 2. Aside from city-sponsored events, any indoor and outdoor art, craft, garden, concerts, shows and other amusement activities shall also require the prior review by the Park Board and approval of the City Council. 10-10B-5: Dimensional and Bulk Requirements A. Front Yard: Every building hereafter erected or enlarged shall provide and maintain a minimum front yard setback of thirty (30) feet. B. Side Yards: Each building hereafter erected or enlarged shall have a side yard on each side of each building of not less than ten (10) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. C. Rear Yards: Every building hereafter erected or enlarged shall provide and maintain a minimum rear yard setback of twenty (20) feet or a distance equal to 50% of the building height, whichever is greater, when adjacent to a residential district. D. Building Height: The maximum building or accessory structure height shall be six (6) stories or eighty feet (80’). [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 10: OS-2 Open Space District (Recreational) 10-10B-6: Floor Area Ratio Maximum floor area ratio for special use shall be established at the time a special use permit is granted. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article A. E-1, Estate District 10-11A-1 Purpose and Intent The E-1 Estate District zoning designation is intended to accommodate large-lot, single-family residential land uses within a rural setting. Other permitted land uses within this district are deemed compatible and conducive to the low- density, tranquil and open space environment provided in the E-1 Estate District. 10-11A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11A-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 11: Residential Districts 10-11-A4 Site and Development Standards A. All streetlights shall be required at intersections with a minimum spacing of five hundred feet (500’) with lights also placed at curves or dead end streets as required by the city. B. No sidewalks are required. However, in the event sidewalks are not provided, paved trails must be provided that meet the city’s standards, specifically a ten foot (10’) width with an exit and entrance identification consisting of two inches (2”) of asphalt on eight inches (8”) of CA-6 aggregate. Dedicated easements at least fifteen feet (15’) wide must be provided for the trail. C. All driveways must be paved with brick, asphalt or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve inches (12”) or greater, as required by the city. D. Streets will require a seventy foot (70’) minimum dedicated right of way with a fifty foot (50’) front yard setback. Twenty eight feet (28’) of actual asphalt with a twenty five foot (25’) driving area marked by thermoplastic reflective strip is required. Thirty two foot (32’) width of full depth stone to provide two foot (2’) wide stone shoulders at least twelve inches (12”) thick. A ditch shall be required on both sides of the street and shall have a minimum profile slope of one percent (1%) (side slope 4:1 on the street side, and 3:1 on the lot side). Mailbox turnouts will be paved, using driveway specifications to determine thickness. E. Private wells are allowed if the subdivision or lot is not within two hundred fifty feet (250’) of municipal water service provided that public sanitary sewer mains serve the lot or parcels for which permission for a private well is sought. Private septic systems are allowed if the subdivision or lot is not within two hundred fifty feet (250’) of public sanitary sewer provided that public water is being used to serve the lot or parcels for which permission for a private septic is sought. However, if a private well is allowed on the lot or parcel then a septic field is not allowed on the lot or parcel; and conversely if a private septic system is allowed on the parcel then a private well is not allowed on the lot or parcel. A newly platted subdivision must have either all private wells or all private septic systems, but not a mix of both and only when the municipal water or sanitary sewer service is more than two hundred fifty feet (250’) away. If a lot is within two hundred fifty feet (250’) of public water or sanitary sewer service, that lot may maintain its private septic or private well only until failure of the private septic or private well. At that time the lot must be connected to the public sanitary sewer or public water service as the case may be at the lot owner’s sole expense. After connection to the city sanitary sewer system, individual private septic fields shall be abandoned by pumping out the tank, knocking in the cover and filling with dirt or stone. After connection to the city water system, individual private wells shall be properly capped as provided under the Illinois public health code. All public improvements shall conform to the city standard specifications for municipal water and sanitary sewer improvements. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article B. R-1, Single Family Traditional Residence District 10-11B-1 Purpose and Intent The R-1 Single Family Suburban Residence zoning designation is intended to create a spacious suburban residential neighborhood environment on parcels of at least 18,000 square feet. To protect the character of the district, permitted uses are limited to single-family detached housing yet accommodate other compatible and complimentary cultural, religious, educational and public uses. 10-11B-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11B-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article A. E-1, Estate District 10-11A-1 Purpose and Intent The E-1 Estate District zoning designation is intended to accommodate large-lot, single-family residential land uses within a rural setting. Other permitted land uses within this district are deemed compatible and conducive to the low- density, tranquil and open space environment provided in the E-1 Estate District. 10-11A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11A-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 8: Planned Unit Development 10-11-A4 Site and Development Standards A. All streetlights shall be required at intersections with a minimum spacing of five hundred feet (500’) with lights also placed at curves or dead end streets as required by the city. B. No sidewalks are required. However, in the event sidewalks are not provided, paved trails must be provided that meet the city’s standards, specifically a ten foot (10’) width with an exit and entrance identification consisting of two inches (2”) of asphalt on eight inches (8”) of CA-6 aggregate. Dedicated easements at least fifteen feet (15’) wide must be provided for the trail. C. All driveways must be paved with brick, asphalt or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve inches (12”) or greater, as required by the city. D. Streets will require a seventy foot (70’) minimum dedicated right of way with a fifty foot (50’) front yard setback. Twenty eight feet (28’) of actual asphalt with a twenty five foot (25’) driving area marked by thermoplastic reflective strip is required. Thirty two foot (32’) width of full depth stone to provide two foot (2’) wide stone shoulders at least twelve inches (12”) thick. A ditch shall be required on both sides of the street and shall have a minimum profile slope of one percent (1%) (side slope 4:1 on the street side, and 3:1 on the lot side). Mailbox turnouts will be paved, using driveway specifications to determine thickness. E. Private wells are allowed if the subdivision or lot is not within two hundred fifty feet (250’) of municipal water service provided that public sanitary sewer mains serve the lot or parcels for which permission for a private well is sought. Private septic systems are allowed if the subdivision or lot is not within two hundred fifty feet (250’) of public sanitary sewer provided that public water is being used to serve the lot or parcels for which permission for a private septic is sought. However, if a private well is allowed on the lot or parcel then a septic field is not allowed on the lot or parcel; and conversely if a private septic system is allowed on the parcel then a private well is not allowed on the lot or parcel. A newly platted subdivision must have either all private wells or all private septic systems, but not a mix of both and only when the municipal water or sanitary sewer service is more than two hundred fifty feet (250’) away. If a lot is within two hundred fifty feet (250’) of public water or sanitary sewer service, that lot may maintain its private septic or private well only until failure of the private septic or private well. At that time the lot must be connected to the public sanitary sewer or public water service as the case may be at the lot owner’s sole expense. After connection to the city sanitary sewer system, individual private septic fields shall be abandoned by pumping out the tank, knocking in the cover and filling with dirt or stone. After connection to the city water system, individual private wells shall be properly capped as provided under the Illinois public health code. All public improvements shall conform to the city standard specifications for municipal water and sanitary sewer improvements. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article D. R-2 Duplex, Two-Family Attached Residence District 10-11D-1 Purpose and Intent The R-2 Duplex, Two-Family Attached Residence zoning designation is intended for moderate density duplex dwelling structures on lots of at least 15,000 square feet. This district is primarily located off of a major thoroughfare or as a transitional land use adjacent to single-family residences. Therefore, the R-2 Duplex district is intended to accommodate single-family attached dwelling structures of a size and character that is compatible with the surrounding single-family detached residential districts and adjacent to commercial, office and retail space. 10-11D-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11D-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article E. R-3, Multi-Family Attached Residence District 10-11E-1 Purpose and Intent The R-3, Multi-Family Attached Residence zoning designation is intended for moderate density dwelling structures on lots of at least 9,000 square feet and a maximum density of five (5) units per acre or six (6) units per building. This district also accommodates a roadway wide enough to park on both sides of the street. 10-11E-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11E-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 11 Residential Districts Article F. R-4, General Multi-Family Residence District 10-11F-1 Purpose and Intent The R-4, General Multi-Family Residence zoning designation is intended for moderate-to-high density dwelling structures on lots of at least 15,000 square feet and a maximum density of eight (8) units per acre. This district is suitable for creating a transition between the business/ commercial uses and the surrounding lower density residence uses. This district may accommodate other compatible and complimentary cultural, religious, educational and public uses. 10-11F-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-11F-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 12 Business Districts Article A. O, Office District 10-12A-1 Purpose and Intent The O Office District zoning designation is intended to provide for the location of professional offices, research and development facilities, and other related uses on parcels of at least 20,000 square feet. In addition, a mix of limited retail and service uses may be allowed to support other uses within the zone. The O Office District zone may be used as a transitional zone between residential and more intensive commercial and manufacturing districts. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-12A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12A-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 12 Business Districts Article B. B-1, Local Business District 10-12B-1 Purpose and Intent The B-1 Local Business District zoning designation is intended for the location of commercial and professional facilities that are especially useful in close proximity to residential areas. The district is designed to provide convenient shopping and services that meet the needs and enhances the quality of life for surrounding residential neighborhoods. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-12B-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12B-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 12 Business Districts Article C. B-2, Retail Commerce Business District 10-12C-1 Purpose and Intent The B-2 Retail Commerce Business District zoning designation is intended for the location of retail shops and stores offering goods to the population. Buildings in this district are allowed to build on a majority of the lot with diminished setbacks. This allows shops and stores to maximize retail space while supporting a pedestrian friendly environment in retail shopping areas. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-12C-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12C-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 12 Business Districts Article D. B-3, General Business District 10-12D-1 Purpose and Intent The B-3 General Business District zoning designation is intended for the location of a broad range of commercial uses, including small scale and large scale businesses. These uses are usually oriented toward automobile access and visibility; therefore they are typically set along major arterial roads. The businesses in this district are meant to serve regional as well as local customers. This district also encourages dwelling units located above the first floor of a permitted use to create mixed use buildings. 10-12D-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12D-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 12 Business Districts Article E. B-4, Service Business District 10-12E-1 Purpose and Intent The B-4 Service Business District zoning designation is intended for the location of a variety of service based commercial uses. These businesses focus on providing residents with services on a local level. 10-12E-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-12E-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 13 Manufacturing Districts Article A. M-1, Limited Manufacturing District 10-13A-1 Purpose and Intent The M-1 Limited Manufacturing District zoning designation is intended to provide for the location of manufacturing, industrial and related uses of a limited nature in size that will not have a harmful environmental effect on surrounding areas. Industries within this district are expected to follow the Performance Standards in accordance with the Performance Standards of this Title. The following of these standards will produce an environment suitable for industrial activities that will be pleasant and compatible with adjacent residential and business uses. 10-13A-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-13A-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 13 Manufacturing Districts Article B. M-2, General Manufacturing District 10-13B-1 Purpose and Intent The M-2 General Manufacturing District zoning designation is intended to provide for the location of manufacturing, industrial and related uses in a less restrictive nature than the M-1 Limited Manufacturing District. The district is designed to accommodate industrial activities that have moderate environmental effects but are located in relatively remote areas as to not conflict with residential and business uses. Industries within this district are expected to follow the Performance Standards in accordance with the Performance Standards of this Title. Following these standards will create fewer problems of compatibility with adjacent properties. 10-13B-2 Permitted and Special Uses No building, structure, or parcel of land shall be used, erected, altered or enlarged for any use other than the uses identified as permitted or special uses in Chapter 6 of this Title. All special uses on property within this district shall be approved in accordance with Section 10-4-9 of this Title. 10-13B-3 Dimensional and Bulk Requirements Any building, structure or apparatus constructed, erected, altered or enlarged on property within this district shall comply with the dimensional and bulk regulations in Chapter 7 of this Title. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 13 Manufacturing Districts Article C. Performance Standards 10-13C-1 Performance Standards Any use established in a manufacturing district after the effective date hereof shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located. 10-13C-2 Noise and Vibration A. Noise shall be measured at any adjacent lot line and/or district boundary, as indicated in Table 1 of subsection C hereinafter. At the specified points of measurement, the sound pressure level of any activity or operation (except those not under the direct control of the industrial use, such as transportation facilities) shall not exceed the values tabulated in Tables 1, 2, 3 and 4 of subsection C hereinafter between the hours of seven o’clock (7:00) A.M. and seven o’clock (7:00) P.M. The instruments used for these measurements shall conform to all current American National Standards Institute specifications. Impact noises are those whose peak values are more than three (3) dB higher on the fast response than the r.m.s. values indicated on the sound level meter. B. Vibration: Vibration shall be measured at any adjacent lot line and/or district boundary as indicated in Table 4 of subsection C of this Section. At the specified points of measurements, the vibration shall not exceed the limits listed in Table 5 of subsection C hereof. The instrument used for these measurements shall be a three-component recording system. C. Tables: TABLE 1 Reference Manufacturing District Adjacent Lot Line Commercial District Boundary Residential District Boundary M-1 A ---B M-2 ---A C Between the hours of seven o’clock (7:00) P.M. and seven o’clock (7:00) A.M., the permissible sound levels across residential district boundaries shall be reduced by five (5) dB in each octave band, or in the overall band for impact noises. TABLE 2 Maximum Permitted Sound Levels, Preferred Frequency Octave Bands Preferred Center Frequency Cycles/Second A B C 31.5 88 83 86 63 79 71 75 125 69 59 64 250 62 52 57 500 58 47 53 1,000 54 44 49 [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 13: Manufacturing Districts 2,000 51 40 46 4,000 49 37 44 8,000 47 35 41 Measurement of the sound levels may also be made using an A-weighted scale sound level meter. The levels in Table 2 shall be considered to have been met if the A-weighted levels are not greater than the following: TABLE 3 Maximum Permitted Sound Levels, dB(A), for Screening Purposes Required Level Sound Level, dB(A) A 60 B 50 C 55 TABLE 4 Reference Manufacturing District Adjacent Lot Lines Commercial District Boundary Residential District Boundary M-1 A ---B M-2 ---A B Particle velocity as specified in Table 5 may be measured directly, or if computed on the basis of displacement and frequency, measurements shall be computed from the formula 6.28 FD, where F is the frequency of the vibration in cycles per second and D is the single amplitude displacement of the vibration in inches. TABLE 5 Maximum Permissible Particle Velocity of the Ground Vibration Particle Velocity Applicable Limit Steady State Inches/Second Impact Inches/Sound A 0.10 0.20 B 0.02 0.24 The maximum particle velocity shall be the vector sum of three (3) simultaneous mutually perpendicular components recorded. For the purpose of this Title, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations. 10-13C-3 Smoke A. General Provisions: 1. For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann Chart described in the U.S. Bureau of Mines Information Circular 8333 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than No. 2 or its equivalent on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 13: Manufacturing Districts 2. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting or other acceptable means. 3. The open burning of refuse, paint, oil, debris and any other combustible material is prohibited in all industrial districts. 4. Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four (4) hour period which will result in the highest average emission rate. B. Requirements in M-1 District: The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 0 is prohibited. However, for two (2) minutes in any four (4) hour period, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed two-tenths (0.2) of a pound per acre of lot area per hour. C. Requirements in M-2 District: The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 1 is prohibited. However, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed one pound per acre of lot area per hour. 10-13C-4 Odor A. General Provisions: 1. The release of materials capable of becoming odorous either by bacterial decomposition or chemical reaction shall meet the standards of the district in which the odor is created. 2. Odor thresholds shall be determined in accordance with ASTMD 1391-57, “Standard Method for Measurement of Odor in Atmospheres (Dilution Method)” or its equivalent. B. Requirements in M-1 District: In the M-1 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation. C. Requirements in M-2 District: In the M-2 District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the district boundary line, measured either at ground level or habitable elevation. 10-13C-5 Toxic Matter A. General Provisions: The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic materials currently listed in threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the City that the proposed levels will be safe to the general population. B. Requirements in M-1 District: In the M-1 District, the release of airborne toxic matter shall not exceed two and one-half percent (21/2%) of the threshold limit value across district boundary lines. 10-13C-6: FIRE AND EXPLOSIVE HAZARDS A. Detonable Materials: Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be in accordance with the regulations of each manufacturing district. Such materials shall include, but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitro-cellulose, black [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 13: Manufacturing Districts powder, baron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chloride and potassium nitrate; blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products, reactor elements such as Uranium 235 and Plutonium 239. 1. Requirements in M-1 District: In the M-1 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds per use. 2. Requirements in M-2 District: In the M-2 District, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five (5) pounds. B. Fire Hazard Solids: 1. Requirements in M-1 District: In the M-1 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of not less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be not closer than forty feet (40’) from lot lines. 2. Requirements in M-2 District: In the M-2 District, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two (2) hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no closer than forty feet (40’) from lot lines. C. Fire Hazard Liquids and Gases: 1. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this subsection, exclusive of the storage of finished products in original sealed containers (55 gallons or less), which shall be unrestricted. 2. The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following table for each of the industrial districts: Liquids Gases Above Ground Flash Point Less than 125 degrees Above Ground Flash Point between 125-300 degrees Below Ground Flash Point Less than 125 degrees Below Ground Flash Point between 125-300 degrees Above Ground Below Ground M-1 5,000 gal.20,000 gal.10,000 gal.40,000 gal.150,000 SCF 300,000 SCF M-2 50,000 gal.100,000 gal.20,000 gal.80,000 gal.1.5 x 106 SCF 3 x 106 SCF The storage of flammable liquids having a flash point of 300o Fahrenheit or higher may be permitted without restriction in all manufacturing districts, subject to other requirements for the district. 10-13C-7: Glare In all manufacturing districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of five tenths (0.5) foot-candle when measured in a residential district. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 13 Manufacturing Districts Article D. Aggregate Materials Extraction Requirements 10-13D-1 Intent The requirements of this article would apply to aggregate materials extraction, processing and site reclamation applications submitted for special use permit approval per section 10-13B-3 of this chapter. Aggregate materials extraction where the overburden exceeds ten feet (10’) in depth or where the operation affects more than ten (10) acres must receive a permit, as described by the surface mined land conservation and reclamation act, from the Illinois department of natural resources (IDNR) or such department, bureau, or commission as may lawfully succeed to the powers and duties of such department. It is the purpose of this article to establish regulations and standards for surface mining operations and to provide for conservation and reclamation of lands affected by surface mining which supplement the regulations and standards required by IDNR and any other permitting agency authorized to regulate the commencement, location and operation of aggregate materials extraction and processing facilities. 10-13D-2: OPERATIONS PERMITTED BY SPECIAL USE A. Surface and/or open pit mining, extraction and or processing of aggregate materials, e.g., sand, gravel, limestone. 10-13D-3: ACCESSORY USES TO SPECIAL USE A. The following uses are permitted as accessory uses to an aggregate materials extraction special use provided the said special use permit authorizes: Asphalt and asphalt product production. Ready mix concrete plants. Recycling of asphalt and concrete products. 10-13D-4: SETBACK REQUIREMENTS A. Boundaries Established: Production, processing and excavation shall not be conducted closer than two hundred feet (200’) to the boundary of any zoning district where such operations are not permitted, nor closer than one hundred feet (100’) from the boundaries of an adjoining property line, nor closer than one hundred fifty feet (150’) to the right of way of any existing or platted street, road or highway. B. Buildings And Structures: 1. Every building and structure hereafter erected or enlarged shall provide and maintain a setback from a public or private street of not less than one hundred feet (100’) from a dedicated road right of way or one hundred fifty feet (150’) from the centerline of all adjacent roads, whichever is greater. 2. Every building and structure hereafter erected or enlarged shall have a side and rear yard of not less than fifty feet (50’) from all property lines dividing lots held in separate ownership. 10-13D-5: AREA REQUIREMENTS: [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 13: Manufacturing Districts A. The minimum area required for each M-2 aggregate materials extraction special use shall be greater than ten (10) acres. 10-13D-6: PROHIBITED ACTIVITY A. No person, firm or corporation shall hereafter engage in the extraction of aggregate materials on any land within the city of Yorkville, without first obtaining from IDNR a mining operations permit in such form and in such a manner as described by the surface mined land conservation and reclamation act and as hereinafter provided. The inadvertent extraction of aggregate materials while in the process of land beautification, pond construction or such other activity unrelated to mining and processing uses are hereby excluded. 10-13D-7: FENCING A. Where required by the city council in granting a special use for aggregate materials extraction, to promote safety, a minimum eight foot (8’) fence shall be erected at the site of the operation and facilities which shall be of a nature and character to reasonably protect the general public from danger. The location of the fencing shall be depicted on the site plan submitted as part of the special use permit application. 10-13D-8: SUBMITTAL REQUIREMENTS A. Every application, and every amendment to an application, submitted under this article shall contain the following: 1. All application materials submitted to IDNR; 2. The proposed equipment to be used; 3. Practices and methods proposed to be used to minimize noise, dust, air contaminants and vibration and to prevent pollution of surface or underground water; 4. The simultaneous reclamation plan including methods of accomplishment, phasing, and timing as an area is mined out to the start of reclamation; 5. A detailed map of the land drawn at a scale of one inch equals one hundred feet (1” = 100’) showing at least the following specifics: a. Existing topographical features at two foot (2’) contour intervals, up to and including seven percent (7%) grade. Greater than seven percent (7%) grade would require five foot (5’) contours; b. Location and names of all streams, creeks, bodies of water, underground water resources (which are readily ascertainable from sources such as Illinois state geological survey well drillings logs) and drainage systems within the lands to be affected; c. Outline of area to be excavated; d. The proposed location of sorting, grading, crushing and similar equipment necessary to the operation and initial distribution of the excavated products; e. The proposed location of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas; and f. The current location of buildings, utility lines and easements within the lands to be affected. 10-13D-9: SPECIAL USE TERM AND RENEWAL A. All special use permits issued hereunder shall expire ten (10) years from the date of issuance, unless the city council [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 13: Manufacturing Districts approves a renewal by passing an ordinance extending such expiration date. B. Each renewal of a special use under this section shall be for a period of time not more than ten (10) years. C. A request to renew a special use shall be treated in the same manner as the initial application. D. A permit issued hereunder may be revoked or modified by the city council after due hearing in the event the permittee violates any provision of this article. 10-13D-10: MINING OPERATION REQUIREMENTS A. Duties Of Operator: Every operator to whom a permit is issued pursuant to the provisions of this article may engage in surface mining upon the lands described in the permit upon the performance of and subject to the following requirements with respect to such lands: 1. Treatment Of Stormwater Runoff: All storm runoff water shall be detained, impounded, drained or treated in accordance with the city of Yorkville subdivision control ordinance in effect at the time the permit is issued, or any other requirements as deemed appropriate by the city engineer, so as to reduce soil erosion and damage to unmined lands. The operator shall construct earth dams, where lakes may be formed, in accordance with sound engineering practices, if necessary to impound water, provided the formation of lakes or ponds will not interfere with underground or other mining operations, other subsequent uses of the area as approved by the city, or negatively affects adjoining property. Such water impoundments must be approved by the city based on the expected ability of the lakes or ponds to support desirable uses such as water for livestock or wildlife; and if to be used for fish life, shall have minimum depths in accordance with standards for fish stocking. 2. Screening Public View: Adequate planting, berming and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible and as approved by the city council in granting the special use. The toe of any berm shall not be closer than ten feet (10’) from the right of way line. 3. Entrance/Exit Provided To Operation: No more than one entrance and one exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to approval by the department of highways having jurisdiction and shall, preferably, be located along a secondary road, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. In the event the authority having jurisdiction over the roadway that provides access to the mining operations, requires turning lanes, then said lanes shall conform to IDOT requirements for geometrics and pavement design. Furthermore, a paved road from the entrance and exit, at a distance of not less than three hundred feet (300’) from the right of way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks into the public highway. Such pavement shall be in accordance with the specifications of the city engineer and in accordance with the standards of the highway department having jurisdiction over the roadway. A wheel wash shall be installed within the operation along that portion of the paved entrance/exit road that is furthest from the point at which it accesses the adjoining roadway so as to prevent the tracking of dirt, dust, sand, gravel and debris onto the public right of way. Entrances and exits shall be provided with the gates to be securely locked during hours of inoperation. 4. Preventing Spillage: Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public roadway, including, at a minimum, a secure cover over the top of the bed of the truck carrying said material. Any spillage or tracking of material on said roadways shall be removed from said public roadways, by the owner/operator, as needed and as directed by the city to maintain a safe vehicular driving operation and a safe driving surface. At a minimum, the public roadway shall be reviewed for said spillage or tracking of material every eight (8) hours. All generally accepted industrial safety precautions shall be practiced and observed during such process of removal. Accessways and on site roads shall be maintained in a dust free condition using sweepers, water trucks or other appropriate methods of dust suppression as deemed acceptable to the city. 5. Standards For Truck Routes: The owner/operator shall, coincidental with commencement of operations, bring the [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 13: Manufacturing Districts adjacent roadway providing access to the site up to IDOT standards and specifications for eighty thousand (80,000) pound truck routes including pavement designs and geometrics from the entrance to the subject site to the nearest intersecting eighty thousand (80,000) pound roadway. The design shall include full depth concrete pavement at the entrance to the site and extending in each direction to the end of the radius returns. The owner/operator shall repair any section of road damaged as a result of trucks and heavy equipment accessing or servicing the aggregate excavation operation. 6. Hours Of Transport Vehicles: Hours of arrival and departure of transport vehicles shall be from six o’clock (6:00) A.M. to seven o’clock (7:00) P.M. from April 1 until November 1. The rest of the year the arrival and departure of transport vehicles shall be restricted to six o’clock (6:00) A.M. to six o’clock (6:00) P.M. Hours may be extended during a public emergency during which sand, gravel or limestone is needed and upon the order of the city administrator. 7. Use Of Wells: The holder of a permit hereunder shall ensure the safe and continued use of all wells on surrounding properties located within one and one-half (1.5) miles of the boundaries of the parcel on which the mining operation is located and shall be required to post a bond or similar surety to guarantee the repair or replacement of any wells determined to have been adversely affected as a result of such mining operations. Prior to the mining operation activity, the owner/operator shall notify all well owners within said area and perform an inspection, at owner/operator expense, of each well, subject to receiving permission from the property owner to perform such inspection, to determine the premining operation condition of the wells. The amount of said bond shall be determined by multiplying the total number of wells located on those parcels times the average estimated cost for replacement as determined by a certified well expert or engineer’s estimate of cost. No extraction operations shall be conducted in such a manner that the ground water table of surrounding properties is harmfully lowered. Water pumped from the site for the purpose of washing of vehicles and/or product produced on site shall be retained in a settling pond until the silt and clay settles prior to the water being recycled in the area affected. 8. Landscaping Maintained: Landscaping shall be regularly maintained to present a neat and orderly appearance and in such manner so as to discourage the encroachment of weeds and other unsightly or noxious vegetation from encroaching onto the premises or migrating off site and onto any adjoining properties. 9. Buildings Maintained: The premises shall be neat and orderly, free from junk, trash or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Salvageable equipment stored must be in operating condition. Nonoperable equipment shall be made operable within six (6) months. 10. Preserving Trees And Ground Cover: Existing trees and ground cover along public road frontages shall be preserved and maintained in such a manner to preserve line of sight at the facility entrance/exit. 11. Removal Of Equipment: Within six (6) months after final production, all buildings, structures (except fences), and equipment shall be removed unless same are to be used in connection with the reclamation project. 12. Noise, Dust, And Odor: a. The noise level originating from a mining operation shall comply with the performance standards of section 10-13-C of this chapter and as set forth in the standards adopted by the Illinois pollution control board, as from time to time amended; b. The release of particulate emissions shall also comply with the performance standards in the standards adopted by the Illinois pollution control board, as from time to time amended; and c. Odors originating from a mining operation shall comply with the performance standards of section 10-13-C of this chapter and as set forth in the standards adopted by the Illinois pollution control board, as from time to time amended. 13. Blasting: a. Blasting operations at all permitted sites operated by the aggregate mining industry shall be conducted in accordance with existing state, and federal law and the rules promulgated by the departments having jurisdiction over such operations with the advice of the aggregate mining industry and in accordance with the provisions as outlined in 225 Illinois Compiled Statutes 715/6.5 as may be amended from time to time. 10-13D-11: RECLAMATION BOND [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 13: Manufacturing Districts A. In order to ensure that the IDNR approved reclamation plan is completed, the owner/operator shall provide bonding in accordance with the provisions of 225 Illinois Compiled Statutes 715/8 as may be amended from time to time. Copy of said bonding shall be provided to city. B. The owner/operator shall provide bonding for all improvements required as part of this article and/or part of the special use granted by city council as deemed appropriate by the city engineer. 10-13D12: ENFORCEMENT A. The code official shall, at a minimum, conduct an annual review of each mining facility. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 14 Adult Uses 10-14-1 Definitions For the purpose of this chapter, the following words and phrases shall have the meanings respectively prescribed to them by this section: ADULT BOOKSTORE: An establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities”, or “specified anatomical areas” or an establishment with a segment or section devoted to the sale or display of such material. ADULT ORIENTED USES/ENTERTAINMENT CABARET: A public or private establishment which is licensed to serve food and/ or alcoholic beverages, which features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers. ADULT MINIMOTION PICTURE THEATER: An enclosed building or “drive in” theater with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. ADULT MOTION PICTURE THEATER: An enclosed building or a “drive in” theater with a capacity of fifty (50) or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “special anatomical areas” for observation by patrons therein. BODY SHOP OR MODEL STUDIO: Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration of gratuity, figure models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity or where for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” are provided for observation by or communication to persons paying such consideration or gratuity. BUILDING STRUCTURE: Any structure or group of structures housing two (2) or more businesses which share a common entry, exit, wall or frontage wall, including, but not limited to, shopping centers, shopping plazas, or shopping squares. MASSAGE: Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice, that is performed by a person not licensed or certified by applicable state agency or professional accreditation organization registered with the state of Illinois. MASSAGE ESTABLISHMENT: An establishment having a fixed place of business where any person, firm, association, or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of “massage” of this section. SPECIFIED ANATOMICAL AREA: Any of the following conditions: A. Less than completely and opaquely covered: 1. Human genitals, pubic region, or pubic hair. 2. Buttock. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 14: Adult Uses 3. Female breast below a point immediately above the top of the areola. B. Human male genitals in a discernibly turgid state, even if completely covered. SPECIFIED SEXUAL ACTIVITIES: Any of the following conditions: A. Human genitals in a state of sexual stimulation or arousal. B. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation. C. Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts. D. Excretory functions as part of or in connection with any activities set forth in subsections A through C of this definition. 10-14-2 Adult Uses Enumerated The following shall be considered adult uses for the purpose of this chapter: Adult bookstore Adult-oriented ues/entertainment cabaret Adult mini-motion picture theater Adult motion picture theater Body shop or model studio Massage establishment 10-14-3 Limitations on Adult Uses Adult uses shall be permitted as Special Uses in the M-1 Limited Manufacturing and M-2 General Manufacturing Districts and further subject to the following restrictions: A. An adult use shall not be allowed within five hundred feet (500’) of another existing adult use. B. An adult use shall not be located within seven hundred feet (700’) of any zoning district which is zoned for one-family residence district (R-1), one-family residence district (R-2), duplex, two-family residence district (R-2), general residence district (R-3), general residence district (R-4), office district (O), limited business district (B-1), general business district (B-2), service business district (B-3), business district (B-4), agricultural district (A-1). C. An adult use shall not be located within five hundred feet (500’) of a preexisting school or place of worship. D. An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages. E. Arterial Roadways: Adult uses which are located next to an arterial roadway, as defined in the city’s comprehensive plan, must provide a twenty foot (20’) setback from the property line. F. Non-arterial Roadways: Adult uses which are located next to a non-arterial roadway, as defined in the city’s comprehensive plan, must provide a ten foot (10’) setback from the property line. G. Traffic Study may be required as part of the Special Use permit approval process. 10-14-4 Measurement Distance For the purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 14: Adult Uses containing the nearest adult use, school, place of worship, or district zone for residential use. 10-14-5 License Required; Filing of Application; Filing Fee It shall be unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the city the operation of an adult use as herein defined, without first having obtained a separate license for such adult use from the mayor of the city. Every applicant for a license to maintain, operate, or conduct an adult use shall file an application in duplicate under oath with the mayor upon a form provided by the city clerk and pay a nonrefundable filing fee of one hundred dollars ($100.00) to the city clerk, who shall issue a receipt which shall be attached to the application filed with the mayor. Within thirty (30) days after receiving the application, the mayor shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the mayor shall advise the applicant in writing whether the application is granted or denied. Whenever an application is denied or held for further investigation, the mayor shall advise the applicant in writing of the reasons for such action. Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any inspection or investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the mayor. 10-14-6 Contents of Application for License The term “applicant” as used in this chapter shall include any partner or limited partner of a partnership applicant and any officer or director of a corporate applicant and any stockholder more than ten percent (10%) of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business. An applicant for a license shall furnish the following information under oath: A. Name and address. B. Written proof that the individual is at least eighteen (18) years of age. 10-14-7 Issuance of Adult Use License The mayor may issue a license to maintain, operate, or conduct an adult use if he finds: A. That the applicant is eighteen (18) years of age and under no legal disability. B. That the applicant is a person who is of good moral character and reputation in the community in which he or she resides; and has had no criminal convictions. C. That said use complies with all site distances contained in this chapter in relation to school, church, and residential uses. Every adult use license issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance, unless sooner revoked. 10-14-8 Suspension or Revocation of License for Adult Use Any license issued for an adult use may be revoked or suspended by the mayor if the mayor shall find: A. That the licensee has violated any provisions of this chapter regulating adult uses. B. That the licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold such information on his or her behalf. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 14: Adult Uses C. The licensee shall be responsible for the acts of his agents, servants and employees provided, however, that in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the mayor shall find that the licensee had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual constructive knowledge. D. The mayor before revoking or suspending any license shall give the licensee at least ten (10) days’ written notice of the charges against him or her. The licensee may within five (5) days of receipt of said notice request a public hearing before the mayor at which time the licensee may present evidence bearing upon the question. Any notice by the mayor may be delivered personally to the licensee or be posted on the premises of the establishment being used as an adult use. 10-14-9 Exterior Signage and Display No adult use shall be conducted in any manner that permits the observation of any material, depicting, describing, or relating to “specified sexual activities”, “specified anatomical areas” or otherwise deemed to be obscene by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use. 10-14-10 Display of License and Permit Every licensee shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises. 10-14-11 Employment of Persons Under Age of Eighteen Prohibited It shall be unlawful for any adult use licensee or his manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age. 10-14-12 Illegal Activities on Premises No licensee or any officer, associate, member, representative, agent or employee of such licensee shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the licensed premises which is prohibited by an ordinance of the city or law of the state or of the United States. 10-14-13 Hours of Operation All areas within the premises of an adult-oriented use business shall be cleared if customers and secured from customers and the public in general during the time when not permitted open for operation, and no person, other than the licensee or his/her employees or agents, shall be permitted within the area of such premises during such hours as listed below: Monday through Thursday 7:00 A.M. to 1:00 A.M. the next day Friday and Saturday 7:00 A.M. to 1:00 A.M. the next day Sunday 11:00 A.M. to 1:00 A.M. the next day 10-14-14 Violation and Penalty Each day of violation shall constitute a separate and punishable offense. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 15 Non-Conforming Buildings, Structures and Uses 10-15-1: Continuance of Uses and Structures A. Any lawfully established use of a building or land on March 28, 1974, including any use which is rendered nonconforming by a subsequent amendment to this Title, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued subject to the provisions of this Chapter. B. Any lawfully established building or structure on March 28, 1974, including any building or structure which is rendered nonconforming by a subsequent amendment to this Title, that does not conform to the regulations for the district in which it is located shall be deemed to be a legal nonconforming building or structure and may be continued in use subject to the provisions of this Chapter. 10-15-2: Noncomforming Uses A. Relocation A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates. B. Change in Use A nonconforming use of land shall not be changed to any other use except to a land use, specifically enumerated in the list of permitted uses for the zoning district in which the land is located. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use. C. Expansion A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following: 1. A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use. 2. A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure. D. Abandonment A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows: 1. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district. 2. Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code. 3. Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 15: Non-Comforming Buildings, Structures and Uses 10-15-3: NONCONFORMING STRUCTURES A. Relocation A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this Code. B. Maintenance, repair, alteration and enlargement: 1. A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use. 2. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations: a. When the alteration is required by law, or b. When the alteration will actually result in elimination of the nonconforming use, or c. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. 3. A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this Code. C. Damage and destruction: 1. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its fair-market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located. 2. In the event the damage or destruction is less than fifty percent (50%) of its market value, the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction. 3. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and completed within twenty-four (24) months. 4. The methodology for determining the extent of damage with regard to fair-market value shall be as recommended by the Community Development Director and approved by the City Administrator. 10-15-4: Elimination of Non-Conforming Buildings, Structures and Uses The period of time during which the following nonconforming uses, buildings, or structures may continue or remain nonconforming shall be limited from March 28, 1974 or when any use, building or structure is rendered nonconforming by a subsequent amendment to this Title. Every such nonconforming use, building or structure shall be completely eliminated or removed from the premises at the expiration of the period of time specified below: A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) shall be removed after two (2) years. B. All nonconforming advertising devices, such as pennants, flags, movable signs or portable outdoor displays in any business district shall be removed after two (2) years. C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 15: Non-Comforming Buildings, Structures and Uses D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years. E. In all residence districts uses permitted only in the B-2 and B-3 Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule: Table 10.15.01 Amortization Periods Description of Use Amortization Period Uses permitted in the B-2 and B-3 Districts 15 Years Uses permitted only in the manufacturing districts 15 Years F. Extensions: Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be granted for a period longer than two (2) years. 10-15-5: Exempted Buildings Structures and Uses Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Sections 10-15-4 and 10-15-3.B of this Chapter as follows: A. In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein. B. Legally non-conforming duplex units zoned R-2 Single-Family Traditional Residence District are exempt from Section 10-15-3.C of this Title; however if the total structure containing both units of the duplex building is damaged or destroyed by any means to the extent of seventy-five percent (75%) or more of its fair-market value prior to such damage, the building shall be rebuilt or used only for conforming principal and accessory uses in compliance with the R-2 Single-Family Traditional Residence District. C. In any residence district where a use permitted in the B-1 District occupies ground floor space within a multiple- family dwelling located on a corner lot. D. In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located. E. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following: 1. Floor area ratio; 2. Lot area per dwelling unit; 3. Yards - front, side, rear or transitional; 4. Off-street parking and loading; 5. Lot area; 6. Building height; 7. Gross floor area. CHAPTER 16 Off-Street Parking [ United City of Yorkville Zoning Ordinance ][ 1 ] 10-16-1: Purpose The purpose of this Chapter is to regulate off-street parking and loading areas on private property outside the public right- of-way. The regulations are intended to achieve the following: A. Relieve traffic congestion on streets by providing adequate, but not excessive, off-street parking; B. Encourage the use of alternate forms of transportation including bicycling, transit, walking, and carpooling; C. Avoid unnecessary conflicts between vehicles, bicycles, and pedestrians; D. To minimize negative impacts on adjacent properties. 10-16-2: General Provisions A. Application The off-street parking and loading provisions in this Chapter shall apply to the following: New Development All new buildings, structures, and land uses established after the adoption of this Chapter must comply with the parking and loading regulations herein. However, if a building permit has been issued prior to adoption and construction has begun within one (1) year of the effective date, then following the parking and loading regulations are not required. Expansion When an existing building or structure increases in intensity or is expanded, the number of parking spaces and/or loading facilities must be modified to meet the parking and loading regulations. The number of parking spaces and/or loading facilities that must be modified will be determined by the unit of measurement specified for that land use herein. However, no building or structure lawfully erected or use lawfully established prior to the effective date shall be required to provide additional parking spaces and/or loading facilities unless the aggregate increase in units of measurements is greater than fifteen percent (15%). New Use Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Title. B. Existing Parking and Loading Facilities Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and were in existence on the effective date shall not be required to reduce the amount of parking and loading facilities regulated in this Title. A change of occupancy is not a change of use unless the new occupant is considered in a different use classification. C. Damage or Destruction If any building, structure, or use that is in existence on the effective date is somehow damaged by fire, collapse, explosion or another cause and is reconstructed or repaired, the parking and loading facilities may be rebuilt to the original form. This shall be allowed only if the original building or use is repaired to its original form and keeps its original use. In no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Title for equivalent new uses in construction. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 16: Off-Street Parking D. Control of Off Site Parking Facilities Where required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such offsite parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for parking facilities other than on the same zoning lot until and unless the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the offsite parking facilities will be maintained at all times during the life of the proposed use or building. E. Submission of Site Plan Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a site plan, drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this title. 10-16-3: Off-Street Parking Regulations A. Use of Parking Areas All off-street parking areas shall continually be available for the parking of operable vehicles of intended users of the site. Required parking shall not be rented, leased, sold, or used for parking that is unrelated to the primary or accessory use of the site, except if there is a recorded shared parking agreement. Also, no off-street parking area can be used for storage of equipment or materials. All off-street parking facilities for a residential use or within a residential district must be used for passenger automobiles. These automobiles must be owned by the occupants of the dwelling structure or by the guest of the occupant. B. Parking Space Dimensions The minimum off-street parking space dimensions are shown in Table 10.16.01. An explanation of how these dimensions are generally measured is shown in Figure 10.16.01. The actual measurements of the stalls and aisles is shown in Figure 10.16.02. The actual stalls and aisle must be clearly marked as shown in Figure 10.16.02. Table 10.16.01 Minimum Parking Stall and Aisle Dimensions Dimensions Space Angle (Degrees) 0 45 60 90 One-Way Aisle Parking Parking Aisle Width 8.5’19’20’18’ Driving Aisle Width 12’13’17’24’ Parking Stall Width 22’9’9’9’ Single Sided Parking Module Width 20.5’32’37’42’ Double Sided Parking Module Width 41’51’57’60’ Two-Way Aisle Parking Parking Aisle Width 8.5’19’20’18’ Driving Aisle Width 24’24’24’24’ Parking Stall Width 22’9’9’9’ Single Sided Parking Module Width 41’43’44’60’ Double Sided Parking Module Width 41’62’64’60’ PW - Parking Aisle Width AW - Driving Aisle Width SW - Parking Stall Width SMW - Single Sided Parking Module Width DMW - Double Sided Parking Module Width Figure 10.16.01 Parking Stall and Aisle Dimension Key [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 16: Off-Street Parking Figure 10.16.02 Parking Stall Dimensions One-Way Aisle Two-Way Aisle Aisle 0 D e g r e e s 45 D e g r e e s 60 D e g r e e s 90 D e g r e e s • All measurements start from the edge of the pavement in front of the curb. • Drive aisles shall be required in the parking areas that have five (5) or more spaces. • All required parking lots, by this code, shall comply with the accessibility requirements of the state of Illinois accessibility code and the ADA. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 16: Off-Street Parking Table 10.16.02 Driveway Widths Minimum Maximum Residential 8.5’25’ Non-Residential 1 to 20 trips per day or 1 to 5 trips per hour 12’25’ 21 or more trips per day or more than 5 trips per hour 25’36’ C. Access Each required off-street parking space shall open directly upon an aisle or driveway as stated in Table 10.16.01. This will ensure safe and efficient means of automobile access for all parking spaces. The only exception is when the facility is serviced by a parking attendant. All off street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. The requirements for driveway widths for residential and non- residential use are shown in Table 10.16.02. All driveway widths are measured on the street right-of-way line. The non-residential driveway widths are different depending on the intensity of the use. The width must be adequate to serve the volume of traffic for the specific use. D. Design Standards Open And Enclosed Parking Spaces Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use. Aprons Driveway aprons shall not widen the driveway more than five feet (5’) in total width when measured at the curb/street edge. Distance To Existing Street Intersections Residental driveways shall be a minimum of fifty (50) feet when measured from the driveway edge to the nearest intersecting street right-of-way line. Non-residential driveways shall be a minimum of two hundred (200) feet when from the driveway edge to the nearest intersecting street right-of-way line. Driveways not meeting the minimum distances may be approved administratively by the city administrator with a recommendation to approve made by the city engineer. If administrative approval is not granted, a variance must be approved. Driveway Edge/Curb Radius Residential - The maximum radius for a driveway edge/curb for a driveway entrance is twenty feet (20’). Commercial/Industrial - Subject to engineer review based upon the traffic and specific land use characteristics. Surfacing All open off street parking areas shall be improved with a pavement meeting state of Illinois standard A-3 or equivalent. Screening And Landscaping All open automobile parking areas shall comply with the requirements of the current landscape ordinance regulations for perimeter parking lot landscaping. Lighting Any lighting used to illuminate off street parking areas shall be directed away from residential properties and public highways in such a way as not to create a nuisance. The city of Yorkville promotes the “dark sky” concept. Lighting fixtures should be full cutoff, and the use of wall packs on buildings should be minimized. The average foot-candle intensity should be 2.0 - 2.5 foot-candles. The average to minimum light intensity ratio should be [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 16: Off-Street Parking no more than six to one (6:1), and the maximum to minimum light intensity ratio should be no more than twenty to one (20:1). The lighting intensity at the property line shall be zero foot-candles. Signs Directional and regulatory signs/markings only are permitted on parking areas. Repair And Service No motor vehicle repair work of any kind shall be permitted in conjunction with accessory off street parking facilities provided in a residence district. The sale of gasoline and motor oil in conjunction with accessory off street parking facilities is not permitted in any residence district. E. Location Off street parking spaces may be located in any yard defined by this title. The location of off street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served. Residence District Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred feet (300’) from such use. Business And Manufacturing Districts All required parking spaces shall be within one thousand feet (1,000’) of the use served, except for spaces accessory to dwelling units (except those located in a transient hotel) which shall be within three hundred feet (300’) of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district unless authorized by the board of appeals in accordance with this title. F. Number of Spaces The minimum requirements for the number of spaces needed for a certain use is shown in Table 10.16.03. At the time of permit review, the Zoning Administrator will assign the development a use category. If the category does not fit one of the descriptions in Table 10.16.03, then the Zoning Administrator has the right to determine the amount of off-street parking needed for the building, structure, or use. Table 10.16.03 Minimum Off-Street Parking Requirements Use Minimum Spaces Required Residential Uses Single Family Dwelling Unit 2 per dwelling unit Multi Family Dwelling Unit Dwelling units with 1000 sq ft or less Dwelling units with 1001 sq ft or more 2 per dwelling unit 2 per dwelling unit Accessory Dwelling Unit 1 per dwelling unit Elderly Housing 0.5 per dwelling unit Lodging Places Motel, Hotel, Boarding House 1 per lodging unit Bed and Breakfast 1 per lodging unti plus 1 space for permanent residence [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 16: Off-Street Parking Table 10.16.03 Minimum Off-Street Parking Requirements Commercial Uses Eating and Drinking Establishments 3 per 1000 square feet of floor area General Retail: Grocery Stores, Convenience Stores, Specialty Retail and Shops 3 per 1000 square feet of floor area Bulk Retail: Building Materials, Appliances, Home Furnishings, and Similar Large Items 1 per 1000 square feet of floor area Indoor Recreation 2 per 1000 square feet of floor area Theater, Auditorium, or Stadium 1 per 4 seats Gas Stations No minimum General Office (including banks)2 per 1000 square feet of floor area Personal Services 3 per 1000 square feet of floor area Commercial Services 3 per 1000 square feet of floor area Vehicle Repair 2 per 1000 square feet of floor area Mortuary or Funeral Home 1 per 5 seats Industrial Uses Storage, Warehouse, Wholesale Establishment Less than 150,000 square feet More than 150,001 square feet 0.5 per 1000 square feet of floor area 0.3 per 1000 square feet of floor area Mini-warehouse, Self-service Storage 1 per 45 storage units plus 1 per employee of the largest shift Community Services and Public Uses Elementary and Junior High School 1 per classroom High School 0.25 per student plus 1 per staff Religious Institution 1 per 6 seats Library or Museum 1 per 1000 square feet of floor area Hospitals, Sanitariums, and Other Institutional Uses 1 per 2 beds, plus 1 per 2 employees and 1 per doctor 10-16-4: Shared Parking A. Purpose Shared parking is the use of a parking space by vehicles generated by two or more individual land uses without conflict or encroachment. The ability to share spaces is the result of two conditions: • Vehicles accumulate at different times; either by hours, days, or seasons • Relationship of the uses allows for multiple visits in one auto trip Shared parking for multiple uses creates better pedestrian connections and reduces reliance on private vehicles because multiple trips may be taken by walking. Shared parking is encouraged for the benefits it provides as long as the use follows the above conditions and the standards listed below. [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 16: Off-Street Parking B. Shared Parking Uses The uses listed in Table 10.16.04 are uses that are generally considered prime candidates for shared parking. While these are considered the main uses to have shared parking, the Zoning Administrator has the final authority on what uses may or may not share parking regardless if the use is listed in Table 10.16.04 or not. C. Standards 1. The applicant must demonstrate that the shared parking area has a sufficient amount of spaces for the uses they intend to share the area with. The Zoning Administrator may require the applicant to provide data to support the sufficient parking claim. 2. The nearest parking space shall be no further than one thousand (1,000) feet from the principal buildings, structures, or uses. The measurement shall be measured along a path that has: a. Adequate lighting b. Separation from the right-of-way c. Legal crosswalks for right-of-way crossing d. Asphalt, concrete, or similar surface material 3. A legal document between the property owners that guarantees access to the shared parking must be submitted to the Zoning Administrator. The document will be approved by the City before being recorded. The termination of the agreement must be approved by the City and the owners must provide proof that each establishment meets the criteria within this Title. Table 10.16.04 Shared Parking Uses Day Time/Weekday Uses Night Time/Weekend Uses Banks Auditoriums Offices Churches Personal Service Shops Bars Household Shops Bowling Alleys Wholesale Buildings Night Clubs Clothing Shops Theaters Primary Schools Off-Track Betting 10-16-5: Vehicle Stacking Requirements All drive-in and drive-through facilities shall provide vehicle stacking in accordance with Table 10.16.05. Configuration • No stacking space may occupy any portion of a public right-of-way. • The minimum pavement lane width shall be 12 feet. • Stacking spaces may be used to satisfy any of the off- street parking but may not be used for loading space requirements. • Stacking lanes shall not interfere with parking spaces, parking aisles, loading spaces, internal site circulation, or points of ingress and egress. • A 12-foot bypass lane is required adjacent to the stacking lane to allow vehicles to circumvent the stacking lane. Reduction The City may approve a reduction of the stacking requirements of this Section upon demonstration by a qualified traffic engineer that a reduction in the stacking requirements is appropriate for the applicant’s proposed use given its proposed intensity or context. Table 10.16.05 Stacking Requirements Stacking Space Dimension 12’ x 20’ Use Minimum Number of Vehicles Financial Institution, with Drive-up Tellers 3 Vehicles per Window or Kiosk Car Wash, Self-Service 3 Vehicles per bay at entrance 1 Vehicle per bay at exit Car Wash, Automatic 5 Vehicles per bay at entrance 2 Vehicles per bay at exit Restaurant, Fast Food 3 Vehicles behind menu board 3 Vehicles behind first window Public Uses 2 Vehicles per Window/Kiosk [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 16: Off-Street Parking 10-16-6: Bicycle Parking The purpose of this section is to provide sufficient safe and convenient bicycle parking to encourage bicycling as a form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil fuels, while fostering healthy physical activity. A. Types of Parking The following types of bicycle parking shall be allowed: Short Term Parking Bicycle Locker A bicycle locker provides an all-weather, high security, and long term parking solution. The enclosure should be made out of durable material that will keep the bicycle safe from weather or vandalism. The locker must be able to be locked to prevent theft and it must be able to be unlocked by the user for easy access. It is preferred that bicycle lockers are placed near other forms of transportation to encourage bicycle riding throughout the city. Bicycle Station A bicycle station provides the highest level of service for long term parking. The station is intended to be a regional hub for bicycles in the area and it is expected for the station to provide services to cyclists. These services may include but are not limited to repair, lockers, showers, food and beverages, rental, and other storage facilities. Bicycle Rack A bicycle rack is a device that is capable of supporting a bicycle in a stable position that secures the bicycle with at least two points of contact. A single rack provides two parking spots. The rack shall be no taller than three (3) feet tall and no less than eighteen (18) inches in length. Bicycle Shelter A bicycle shelter is a covered parking area and provides all-weather protection. The shelter should be designed to hold many bicycles. It is preferred that the shelter be close to other forms of transportation to encourage bicycle riding throughout the city. Long Term Parking [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 16: Off-Street Parking 10-16-7: LAND BANKED PARKING FACILITIES Land banking allows for designating a portion of land on a site that would be required for parking to be held and preserved as open space, rather than constructed as parking. This reduces the amount of impervious surface on a site for developments which otherwise would not have enough parked vehicles to fill the minimum required parking stalls, or “bank” the spaces until such time capacity warrants their construction. A. Standards The Zoning Board of Appeals may permit land banking of up to twenty-five percent (25%) of the required parking spaces through the variance process, subject to the following. 1. Sufficient evidence is provided by the applicant that supports the reduced parking needs. 2. Approval of a Land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. 3. Landscaping of the land banked area must be in full compliance of the zoning regulations and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals may require additional landscaping of the land banked area. 4. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. 5. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as “Land Banked Future Parking.” Example B. Off-Street Parking Reduction for Bicycle Parking A reduction in the number of off-street vehicle parking spaces required shall be permitted for the provision of bicycle parking provided that: • No fee is required for using the bicycle parking made available; • When calculation of the maximum number of reduced parking spaces results in a fraction, the resulting number shall be rounded to the next highest integer. The reduction in the number of automobile parking spaces shall be reduced by no more than one (1) space for every two (2) bicycle parking space, but no more than twenty (20) percent of the total required spaces. This provision is applicable to all land type uses except to Single-Unit Residential and Two-Unit Residential. B. Land Bank Plans Required The owner of the property making a land bank request shall submit a detailed land banked parking plan for review and approval by the Zoning Board of Appeals. The land banked parking plan shall show both full compliance with the parking regulations of Title 10 Zoning, Chapter 16 Off-Street Parking and Loading, and the land bank area showing the reduced number of parking spaces. C. Termination of Land Bank The City Council shall have the right in its discretion to require the property owner or successor, to construct all or a portion of the land banked parking facilities. Instances for termination, shall include, but not be limited to: • The intensity of the use is increased • The type of use changes • There is an addition to the propeerty or building The Community Development Director will provide notice to the owner that the land banked parking facilities must be constructed and completed within one (1) year from the date of the notice. [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 16: Off-Street Parking 10-16-8: Off-Street Loading Regulations and Requirements A. Location All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons’ capacity shall be closer than fifty feet (50’) to any property zoned or used for residential purposes unless all loading and unloading activities are located completely within the building, screened by walls, solid fencing or densely planted mature shrubbery, or a combination thereof, not less than six feet (6’) in height. No permitted or required loading berth shall be located within any front or corner side yard, and shall not be located within fifty feet (50’) of the nearest point of intersection of any two (2) streets. B. Size Unless otherwise specified, a required loading berth shall be the greater of ten feet in width by at least twenty five feet in length (10’ x 25’) or the length of the longest delivery vehicle used in connection with such use, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen feet (15’). C. Access Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. D. Surfacing All open off-street loading berths shall be improved with a compacted aggregate base not less than 12” and surfaced with not less than four inches (4”) of bituminous concrete or six (6”)inches of concrete or some comparable all-weather dustless material. The exact design to be determined based on projected use of the loading berth.” E. Repair and Service No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts. F. Loading Spaces Not to be Used for Parking Requirements Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. G. Special Uses For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve such use, as determined by the Community Development Director, shall be provided. H. Computation of Number of Required Off-Street Loading Spaces If in determining the number of off street loading berths as required by this Title, the computation results in a requirement of a fractional berth, any one-half (1/2) or more shall be round to the nearest whole number and counted as one loading berth. I. Accessory Off-Street Loading Facilities Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities off any adjacent alley, service drive or open space on the same lot which is accessible by motor vehicle. (Ord. 1973-56A, 3-28-74) [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 16: Off-Street Parking Table 10.16.06 Minimum Off-Street Loading Requirements Use Minimum Required Gross Floor Area (sq. ft.) Required Number & Minimum Horizontal Dimensions of Berths Institutional Uses Hospitals, Sanitariums, and Other Institutional Uses 10,000 - 200,000 1 – (10’ x 25’) Nursing/Elder Care Home Facility 10,000 - 200,000 1 – (10’ x 25’) Lodging Places Motel, Hotel, Boarding House, Clubs and Lodges (without eating and drinking establishments) 10,000 - 200,000 For each additional 200,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) Motel, Hotel, Boarding House, Clubs and Lodges with retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than accessory) 10,000 – 20,000 20,000 - 150,000 For each additional 150,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) 1 – (10’ x 25’) Commercial Uses Eating and Drinking Establishments 10,000 - 20,000 20,000 or more 1 – (10’ x 25’) 2 – (10’ x 25’ each) General Retail: Grocery Stores, Convenience Stores, Specialty Retail and Shops 5,000 - 10,000 1 – (10’ x 25’) Bulk Retail: Building Materials, Appliances, Home Furnishings, and Similar Large Items Up to 200,000 For each additional 200,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’ Indoor Recreation 10,000 – 100,000 For each additional 100,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) Theater, Auditorium, or Stadium 8,000 – 25,000 For each additional 50,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) 10-16-9: SCHEDULE OF LOADING REQUIREMENTS: For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown herein: [ United City of Yorkville Zoning Ordinance ][ 12 ] Chapter 16: Off-Street Parking Table 10.16.06 Minimum Off-Street Loading Requirements General Office (including banks) 10,000– 100,000 For each additional 100,000 or fraction thereof to 500,000 For each additional 500,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 25’) 1 – (10’ x 25’) Mortuary or Funeral Home 8,000 – 100,000 1 – (10’ x 25’) Industrial Uses Storage, Warehouse, Wholesale Establishment Up to 100,000 For each additional 100,000 or fraction thereof 1 – (10’ x 25’) 1 – (10’ x 50’) Manufacturing Production, Processing, Cleaning, Servicing, Testing or Repair of Materials, Goods or Products 5,000 – 10,000 10,000 – 40,000 40,000 – 100,000 1 – (10’ x 25’) 1 – (10’ x 50’) 2 – (10’ x 50’ each) Community Services and Public Uses Auditoriums, Convention Halls, Exhibition Halls, Sports Arenas, Stadiums 10,000 – 20,000 20,000 – 100,000 1 – (10’ x 25’) 1 – (10’ x 50’) [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 17 Fencing and Screening 10-17-1 Purpose The intent of this chapter is to set guidelines for constructing fences and screening on properties to conceal buildings, structures and undesirable views. The following regulations are made so the city can promote the health, safety, and general welfare of the public. 10-17-2 Fencing Standards A. Regulations for All Zoning Districts 1. Fences of more than 30 inches in height require a building permit. 2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence is erected. 3. No more than two different types of fencing material are permitted per fence. B. Placement 1. Fences may be built up to the property line, but shall not extend beyond the front plane of the primary structure facade in residential and business districts, and must be located entirely on the property of the owner constructing it. Fences may be constructed within an easement, though future work within the easement may result in the removal of the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape, sidewalks, trails, access or where otherwise limited by an easement document. 2. The property owner is responsible for locating property lines, prior to the installation of the fence. 3. Fences, walls or hedges shall not encroach on any public right-of-way. 4. It shall be the responsibility of the property owner to insure that a fence does not block or obstruct the flow of storm water. 5. No solid fence, wall, hedge or shrubbery which exceeds 3 feet above the street grade shall be permitted within the sight distance triangle formed at the intersection of any two 2 street right-of-way lines. 6. The intersection of any street right-of-way lines with any service entrance drive (both sides of such drive), by a line drawn between such right-of-way lines, and/or such right-of-way line and service entrance drive line, at a distance along such line of 25 feet from the point of intersection thereof. C. Maintenance 1. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the fence in good repair at all times. 2. Missing boards, pickets or posts shall be replaced with material of the same type and quality. 3. Fences shall be maintained in an upright condition. D. Prohibited Fences 1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited. 2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited. 3. No Fence shall be constructed of used or discarded materials in disrepair, including, but notlimited to, pallets, tree trunks, trash, tires, junk, or other similar items. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 17: Fencing and Screening E. Regulations for Residential Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.01. Table 10.17.01 Residential District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at a maximum 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a non-residential use Corner Side Yard 3 Feet 4 Feet if at a maximum 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a non-residential use 2. Materials The following materials are accepteable for any residential district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) Table 10.17.02 Business District Fence Heights Yard Maximum Height Front Yard 3 Feet 4 Feet if at least 50% opacity Interior Side Yard 6 Feet 8 Feet if adjacent to a residential use Corner Side Yard 3 Feet 4 Feet if at least 50% opacity Rear Yard 6 Feet 8 Feet if adjacent to a residential use 2. Materials The following materials are acceptable for any business district fence: • Stone • Brick • Natural Rot Resistant Wood (Cedar, Cyprus, Redwood) • Cast or Wrought Iron 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. • Plastic • Aluminum • Composite Wood and Plastic • Vinyl Coated Chain Link (rear and side yard only) F. Regulations for Business Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.02. 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 17: Fencing and Screening Table 10.17.03 Manufacturing District Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet 2. Materials The following materials are acceptable for any industrial district fence: • Stone • Brick • Finished Wood • Cast or Wrought Iron • Barbed Wire (starting at a minimum elevation of 6’ above grade) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. • Plastic • Aluminum • Composite Wood and Plastic • Chain Link G. Regulations for Industrial Districts 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.03. Table 10.17.04 Utililty Fence Heights Yard Maximum Height Front Yard 8 Feet Interior Side Yard 8 Feet Corner Side Yard 8 Feet Rear Yard 8 Feet 2. Materials The following materials are acceptable for any utility fence: • Stone • Brick • Finished Wood • Cast or Wrought Iron • Barbed Wire (starting at a minimum elevation of 6’ above grade) 3. These materials are an example of acceptable fencing. The Community Development Director has the right to approve similar materials not listed as long as they are consistent with the surrounding land use. • Plastic • Aluminum • Composite Wood and Plastic • Chain Link H. Regulations for Public Uses and Utilities 1. Height Except as otherwise permitted in this ordinance, annexation agreements, Planned Unit Developments or any other development related agreements or Ordinances fences shall not exceed the maximum height as listed in Table 10.17.04. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 17: Fencing and Screening 10-17-3 Screening Service yards, loading docks, large refuse containers and other like places that tend to be unsightly shall be screened from view. Screening shall be equally effective at all times of the year. A. Large Refuse Containers Commercial trash dumpsters and other large waste receptacles or equipment shall be screened on three sides with a solid opaque material wall at least six feet (6’) in height or to the extent where the wall screens the dumpster from view. The material must match the building and have an opaque single or double access gate on the fourth side. A detail of the enclosure is required on the plan. Landscaping is preferredto be put around the perimeter of the three solid walls. Industrial uses do not have to create an enclosure as long as the container cannot be seen from the public view. B. Utilities All utility equipment (meters, transformers, etc.) shall be screened with appropriate plantings if located on the ground or false walls or parapets if located on the roof. False walls or parapets are not required for buildings located in a manufacturing district. The Community Development Director shall decide the acceptable amount of screening during the plan review process. C. Loading Areas When located across a street from residential zoned property, all garage doors and loading areas on non- residential property shall be concealed from view from adjoining residential zoned property with a combination of landscaping and/or hardscape screening such as solid gates or walls. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 17: Fencing and Screening 10-17-4 Fencing Material Examples Table 10.17.05 Fencing Material Examples Na t u r a l R o t R e s i s t a n t W o o d Ir o n Pl a s t i c / V i n y l Vi n y l C o a t e d C h a i n L i n k [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 18 Telecommunication Tower and Antenna Regulations 10-18-1: Definitions ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 18: Telecommunication Tower and Antenna Regulations 10-18-2: Applicability A. New Towers And Antennas All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80’) in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10’). C. Preexisting Towers Or Antennas Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-18-3 F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee. D. AM Array For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting groundsystem which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. 10-18-3: General Requirements A. Special Or Accessory Use Antennas and towers may be considered either special or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size For purposes of determining whether the installation or a tower or antenna complies with Yorkville’s development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 18: Telecommunication Tower and Antenna Regulations structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. F. State Or Federal Requirements All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense. G. Building Codes/Safety Standards Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner’s expense. H. Measurement For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. I. Not Essential Services Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. J. Public Notice For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250’) of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of “abutting” nor in calculating the two hundred fifty feet (250’). K. Signs No signs shall be allowed on an antenna or tower other than those required by the FCC. L. Buildings And Support Equipment Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-18-5.K of this chapter. N. Multiple Antenna/Tower Plan The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 18: Telecommunication Tower and Antenna Regulations N. Antenna On Existing Structures Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided: 1. The antenna does not extend more than thirty feet (30’) above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. O. Antennas On Existing Towers An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30’) over the tower’s existing height, such height not exceeding one hundred fifty feet (150’) in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation. The tower’s premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet (50’) of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection O and the requirements of this subsection; c) the tower meets the setback and separation requirements in subsection 10-18-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120’) in height; b. For two (2) users, up to one hundred fifty feet (150’) in height; and c. For three (3) or more users, up to and including one hundred eighty feet (180’) in height. P. Roadway Access All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7”) thick surfaced with not less than two inches (2”) of asphaltic concrete or some comparable dustless material. [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 18: Telecommunication Tower and Antenna Regulations Q. Fencing The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6’) in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. R. Disguised Structures The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. S. Annual Administrative Fee And Certifications 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower. T. Permit Required Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in Title 8 Chapter 10 of this Code, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. U. Waiver Of Provisions An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 10-18-4: Permitted Uses A. General The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to the following and all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville’s water tower sites, and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections A through V of this chapter. [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 18: Telecommunication Tower and Antenna Regulations 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-18-5: Special Uses and Accessory Uses A. General Provisions 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-4-9 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 Single-Family Suburban Residence - private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only, R-2 Single-Family Traditional Residence private school, church, golf course, public utility facilities, public service use facilities with radio or TV tower sites only, B-1 Local Business District, B-2 Retail Commerce Business District, B-3 General Business District, B-4 Service Business District, and A-1 Agricultural District. 6. Antennas, antenna structures and towers shall be allowed as a special use in the E-1 Estate District if it is consistent with all of the requirements of this chapter and the following criteria: A. The parcel that any antennas, antenna structures and towers are located on must be at least 2 acres. B. The total height of the structure must be less than the distance from the base of the structure to the closest property line of all adjacent parcels. 7. Antennas, antenna structures and towers shall be allowed as accessory uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 Limited Manufacturing District, and M-2 General Manufacturing District. B. Information Required In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection10- 18-3C of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-18-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 18: Telecommunication Tower and Antenna Regulations additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. 11. An applicant shall be notified within 30 days if the application is incomplete. The City shall make a decision on collocation within 90 days and all other siting applications within 150 days of the receipt of a completed application. C. Factors Considered In Granting Special Use Permits The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-4-9 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and D. Height No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for E-1, R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall applyto all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in Table 10.18.01 of this section. (2) Separation requirements for towers shall comply with the minimum standards established inTable 10.18.01 of this section. b. Separation distances between towers: 1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 10.18.02 of this section. [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 18: Telecommunication Tower and Antenna Regulations F. Siting On Wetland Prohibited No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape Existing mature tree growth and natural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for Table 10.18.01 Separation Requirements Off Site Use/Designated Area Separation Distance Single-family or duplex residential units principal building 500 feet Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired 500 feet Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex 500 feet Existing multi-family residential units greater than duplex 100 feet or 100 percent of the tower hieght, whichever is greater Non-residentially zoned lands or non-residential None The Fox River or any watercourse 500 feet, as measured from the shore Major highways (as defined in the Yorkville Comprehensive Plan)500 feet from the right of way Table 10.18.02 Existing Tower Separation Distances Existing Tower Type Separation Distance Lattice Guyed Monopole (taller than 75 feet) Monopole (shorter than 75 feet) Lattice 1,000 1,500 500 250 Guyed 1,000 1,750 1,500 1,250 Monopole (taller than 75 feet)500 1,500 250 250 Monopole (shorter than 75 feet)250 1,250 250 250 [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 18: Telecommunication Tower and Antenna Regulations personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent (20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4’) in height or twenty four (24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6’) from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42) to forty eight inches (48”) and a planted height of at least thirty six inches (36”). b. In a rear yard, provided the cabinet or structure is no greater than six feet (6’) in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8’) and a planted height of at least thirty six inches (36”). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6’) in height or a hedge with an ultimate height of eight feet (8’) and a planted height of thirty six inches (36”). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet (6’) in height or sixty four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet (8’) and a planted height of at least thirty six inches (36”). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6’) in height or a hedge with an ultimate height of eight feet (8’) and a planted height of at least thirty six inches (36”). L. Code Requirements Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code, NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Removal Of Abandoned Antennas, Antenna Structures, Or Towers Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner’s expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. N. Collocation [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 18: Telecommunication Tower and Antenna Regulations A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant’s proposed personal wireless facility, where collocation is technologically feasible. 10-18-6: Nonconforming Uses A. Prohibited Expansion Of Nonconforming Use Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection10-18-5N of this chapter. 10-18-7: Annual Reporting of Information Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 19 Alternative Energy Systems 10-19-1: Purpose The purpose of this Chapter is to regulate alternative energy systems and to promote their effective and efficient use. The regulations are intended to achieve the following: A. Provide zoning regulations to guide the installation and operation of renewable energy systems; B. Accommodate sustainable energy production from renewable energy sources; C. Preserve the aesthetics of the zoning districts in the interest of property values, public health, safety, and general welfare. 10-19-2: Permitted and Special Uses All alternative energy systems shall be approved in accordance with Section 10-4-9 of the Title. 10-19-3: Definitions WIND FARM: More than one Freestanding Wind Energy Systems on a given site, constructed for the commercial generation of electrical power. FREESTANDING WIND ENERGY SYSTEM (FWES): Free-standing, tower-mounted Wind Energy Systems with a system height measuring less than 175 ft. from the ground. These facilities are accessory structures that generate power for local distri- bution and consumption. Generators typically range from 1 kW to 100 kW in nameplate wattage. BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES): Wind Energy Systems that are structurally attached either onto the roof of or to the side of a building. SOLAR FARMS: More than one Freestanding Solar Energy Systems on a given site, constructed for the commercial genera- tion of electrical power. FREESTANDING SOLAR ENERGY SYSTEMS (FSES): Free-standing, ground-mounted Solar Energy System, including appur- tenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. BUILDING MOUNTED SOLAR ENERGY SYSTEMS (BSES): A Solar Energy System that is an integral part of a principal or ac- cessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural com- ponent of the building. Building mounted systems include, but are not limited to solar energy systems contained within roofing materials, windows, skylights and awnings. 10-19-4: General Requirements A. Applicability: The provisions of this chapter are to establish zoning parameters by which Solar and Wind Energy Systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City. B. Approval Process: All Alternative Energy Systems shall require a building permit prior to installation. Installation of Al- ternative Energy Systems may require a Special Use Permit; refer to Table 10.16.01 in this Chapter of the Zoning Ordinance. C. Standards for Granting a Special Use: [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 19: Alternative Energy Systems 1. The City Council shall determine that the application has met all of the general requirements of this chapter. 2. The proposed energy system shall further the intent of this Chapter and provide renewable energy to the property on which it is proposed. 3. The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. 4. The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. D. Use: Alternative Energy Systems shall be an accessory to the principal permitted use of a site. E. Abandoned Systems: All Alternative Energy Systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner’s expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance. F. Signage: No commercial signage or attention-getting device is permitted on any Alternative Energy System. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. G. Utility Service Provider: Evidence that the electric utility service provider that serves the proposed site has been noti- fied of the owner’s intent to install an interconnected customer-owned electricity generator. H. Safety: All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation. I. Lighting: Alternative Energy Systems shall not be illuminated, except as required by the FAA or those used in commercial applictions such as streetlights. J. Shadow Flicker: Defined as the on-and-off strobe light effect caused by the shadow of moving turbine blades cast by the sun passing though the rotating turbine. No habitable portion of an existing adjacent structure shall be subject to Shadow Flicker from a wind turbine. Shadow Flicker onto an adjacent roof and/or exterior wall which does not contain any win- dows, doors, and like openings shall be acceptable. If Shadow Flicker occurs, the operation of the wind turbine shall cease during those times which cause the Shadow Flicker. K. Screening: There shall be no required mechanical screening for Alternative Energy Systems. L. Design: Wind energy systems and associated tower shall be a non-reflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding prop- erties. M. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and feder- al aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. N. Building Code/Safety Standards: Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner’s expense. [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 19: Alternative Energy Systems 10-19-5: Freestanding Wind Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Clearance: In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 10-19-5A Figure 10-19-5A C. Permitted Yard Locations: Freestanding wind energy systems shall not be located within the required front yard or cor- ner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guy wires as supports for a freestanding wind energy system shall be prohibited. D. Height: The maximum height for a freestanding wind energy system shall be one-hundred seventy five feet (175’) mea- sured from the base to the highest edge of the system. E. Setbacks: The base of the system shall be setback 1.1 times (110%) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district. F. Access: Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade. G. Noise: Freestanding wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. 2. Sixty (60) dBA when in or adjacent to all non-residential districts. 10-19-6: Building Mounted Wind Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted wind energy systems are allowed on all principal and ac- cessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof. B. Quantity: One (1) turbine is allowed for every 500 square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation. C. Noise: Building mounted wind energy systems shall not exceed the following: 1. Fifty-five (55) dBA when in or adjacent to all residential districts. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 19: Alternative Energy Systems 2. Sixty (60) dBA when in or adjacent to all non-residential districts. D. Height: The maximum height for a building mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches 10:12 or greater. They system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 10-19-6A. Figure 10-21-4A Figure 10-19-6A 10-19-7: Freestanding Solar Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. B. Setbacks: All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines. C. Permitted Yard Locations: Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guy wires as supports for a freestanding solar energy system shall be prohibited. D. Clearance: Minimum clearance between the lowest point of the system and the surface on which the system is mounted is ten (10) feet. Refer to Figure 10-19-7A. E. Solar Glare: Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. F. Maximum Height: Maximum height of freestanding solar energy systems shall be subject to special use conditions. Figure 10-21-5A Figure 10-19-7A [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 19: Alternative Energy Systems 10-19-8: Building Mounted Solar Energy Systems A. Location: Please refer to Table 10.19.01 in this Chapter of the Zoning Ordinance for placement of Alternative Energy Systems within each specified zoning district. Building mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met: 1. Solar access is optimized on the front and exterior side facades. 2. Systems are simultaneously used to shade the structure’s doors or windows. See Figure 10-19-8C B. Height: Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush mounted, the system must be less than eight (8) inches from the roof surface. Refer to Figure 10-19-8A. Figure 10-19-8A C. Quantity: The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached. D. Projection: The system may project up to four (4) feet from a building façade or roof edge. The system may project into an interior side or interior rear setback, but shall be no closer than five (5) feet to the interior side or interior rear property line. Refer to Figure 10-19-8B. Figure 10-19-8B Figure 10-19-8C 10-19-9: Permitting and Fees [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 19: Alternative Energy Systems A. Permitting: 1.The installation of any alternative energy system requires a building permit from the United City of Yorkville. 2. In order to receive permit, alternative energy systems must be approved by an alternative energy certification program. 3.Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costsinclude, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2) years following issuance or renewal. At the end of the two (2) year period, the alternative energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the alternative energy system to be in compliance with this chapter; or c. Determine the system abandoned per section 10-19-4. B. Engineering: 1. Manufacturer’s engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected noise level production. 2. For turbines greater than twenty (20 kW) kilowatts of nameplate capacity, an Illinois licensed structural engineer’s seal shall be required. 3. All FWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot. 4. Each FWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufaturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party. 5. Turbines greater than 100 ft. total height or greater than 5,000 lbs structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed Structural Engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation. 6. Proof of homeowner, farm or business insurance, as appropriate, shall be submitted. C. Fees: A. If applicable, alternative energy systems will be subject to the fee schedule for special use applications as defined by Section 1-7-9 of this title. Said fee will be payable per alternative energy system at the time of the application submittal by the petitioner. B. In addition, alternative energy systems will be subject to a one hundred fifty dollar ($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. [ United City of Yorkville Zoning Ordinance ][ 1 ] CHAPTER 20 Signs 10-20-1 Principles The provisions of this chapter recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall city. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the city. 10-20-2 Purpose The regulation of signs by this chapter is intended to promote and protect the public health, safety and welfare by: A. Enhancing the economic condition of the city by promoting reasonable, orderly and effective use and display of signs. B. Enhancing the physical appearance of the city. C. Protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the city. D. Protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. Preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this chapter: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this chapter. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. (Ord. 2009-31, 6-9-2009) 10-20-3 Scope The regulations of this chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the city and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this chapter relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the city of Yorkville building code and the city of Yorkville electrical code. (Ord. 2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ][ 2 ] Chapter 20: Signs 10-20-4 Definitions ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this chapter. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville building code. BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or business shall not be considered banners. BILLBOARD: A structure for the permanent display of off premises advertisement which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. For the purposes of this chapter, this definition does not include off premises sponsorship banners. BUSINESS SIGN: A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. CONSTRUCTION SIGN: A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. ELECTRONIC MESSAGE DISPLAY PANEL: A separate portion of a lawful sign capable of displaying fixed or changing text, characters, figures or images using light emitting diodes (LEDs), liquid crystal display (LCD), fiber optics, light bulbs or other illumination devices that can be electronically changed by remote or automatic means. The following terms for electronic message display panels shall be defined as follows: Animation: The illusion of movement to drawings, models or inanimate objects by putting separate pictures together to form the illusion of continuous motion. Character: A letter, number, punctuation mark or decimal point. Dissolve: Where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Fade: Where static messages are changed by means of varying light intensity, where the first message gradually Awning Canopy [ United City of Yorkville Zoning Ordinance ][ 3 ] Chapter 20: Signs reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Nits: A luminance unit equal to one foot candle per square meter measured perpendicular to the rays from the source. Scrolling: Where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation or video. Travel: Where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. Video: Moving images that are a sequence of images of continuous motion and breaking it up into discrete frames for subsequent display. FREESTANDING SIGN: Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business sales do not apply. GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. IDENTIFICATION SIGN: A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification Monument Sign sign shall be a freestanding, wall, canopy, awning, or marquee sign. MENU BOARD SIGN: A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed manually without altering the face or surface of the sign. OFF PREMISES SPONSORSHIP BANNER: Temporary signs which display advertisement for sponsors of an event or facility, such as an athletic event or field, on the location where the sign is located. POLE SIGN: A freestanding sign supported by a column or columns whose total width is less than fifty percent (50%) of the sign face depth. PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed to the ground or surface upon which it is located. [ United City of Yorkville Zoning Ordinance ][ 4 ] Chapter 20: Signs PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and projects more than twelve inches (12”) from such building, except for awning, canopy and marquee signs. REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the roof, which projects more than six inches (6”) above the highest point of a building or roof to which it is attached. SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two (2) boards hinged together toward the top to permit the sign to stand when the bottom edges of the boards are spread; each side of which is no more than twelve (12) square feet. SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. TRAILER SIGN: A sign mounted on a chassis with or without wheels. VEHICLE SIGN: Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. WALL SIGN: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12”) from such building or structure. WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. WINDOW SIGN: A sign which is applied or attached to or located within three feet (3’) of the interior of a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8-2010; Ord. 2012-38, 10-23-2012) Projecting Sign Wall Sign [ United City of Yorkville Zoning Ordinance ][ 5 ] Chapter 20: Signs 10-20-5: Signs Exempt From this Chapter Nothing in this chapter shall be construed as exempting the following signs from the building code or those portions of this code applicable to signs. The following signs are otherwise exempt from regulations of this chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and mounted five feet (5’) in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet in area, five feet (5’) high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other noncombustible material and permanently attached to a building. G. Nonilluminated window signs painted on or covering no more than fifty percent (50%) of the window area, excluding glass doors. H. Real estate signs six (6) square feet or less in area, provided that no more than one such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five feet (5’) from any lot line and shall be five feet (5’) or less in height and shall not be illuminated. I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one sign not to exceed eight (8) square feet in area and five feet (5’) in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. “No Trespassing”, “Beware of Dog” and other similar warning signs four (4) square feet or less in area. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single- and two-family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage. O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues. P. Construction signs under eight (8) square feet. Q. Illuminated window signs covering no more than sixty percent (60%) of the window area excluding glass doors. R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units. (Ord. 2009-31, 6-9- 2009) [ United City of Yorkville Zoning Ordinance ][ 6 ] Chapter 20: Signs 10-20-6 General Provisions A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height: The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet (5’) from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right of way except as established by the authorized public entity responsible for the right of way. No sign having a height more than thirty inches (30”) shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty five feet (25’) from the point of intersection of two (2) street right of way lines forming such a corner lot. D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to residential areas shall not be illuminated between the hours of eleven o’clock (11:00) P.M. and five o’clock (5:00) A.M. unless the use to which the sign pertains is open. E. Sign Maintenance: The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1. Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted by the city of Yorkville. F. Abandoned Signs: Except as otherwise provided in this chapter, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise in violation of this chapter which is not removed or repaired within thirty (30) days of written notice of the code official may be removed by the code official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. (Ord. 2009-31, 6-9-2009) 10-20-7 Prohibited Signs The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs. [ United City of Yorkville Zoning Ordinance ][ 7 ] Chapter 20: Signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as “stop”, “look”, “one-way”, “danger”, “yield” or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. Trailer signs, except directional or informational signs exempted by subsection 8-11-5E of this chapter. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet (2’) in height and projecting not more than twelve inches (12”) from the building utilized only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009) N. Pole signs. 10-20-8 Permitted Signs; Agricultural and Residential Zoning Districts A. Permanent Signs: 1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone and residential zoning districts may have one freestanding business or identification sign. Nonresidential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet or less in area, five feet (5’) or less in height and set back at least ten feet (10’) from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right of way. No more than fifty percent (50%) of the building mounted sign area may be composed of a message board sign. Building mounted signage cannot extend more than seventy five percent (75%) of the building facade of the building to which it is attached. 3. Subdivision And Residential Complex Identification Signs: Two (2) permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty two (32) square feet or less in area and eight feet (8’) or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two (2) components, one on each side of the street. B. Temporary Signs: 1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5’) in height. [ United City of Yorkville Zoning Ordinance ][ 8 ] Chapter 20: Signs 2. Residential Marketing Signs: Residential marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve feet (12’) in height. (Ord. 2009-31, 6-9-2009) 3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off site locations, and shall be no greater than one hundred (100) square feet in area and twelve feet (12’) in height. Signs for a given development may be located in any zoning district provided that there is at least one-fourth (1/4) mile separation from the other off site marketing signs of that development and that no off site marketing sign be closer to a residence than one hundred feet (100’). Off site marketing signs for different developments must be at least two hundred fifty feet (250’) from any other off site marketing sign. (Ord. 2010-04, 1-12-2010) 4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8’) in height. 5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32) square feet in area and five feet (5’) in height. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3’ x 6’) in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-9 Permitted Signs; Business Zoning District A. Permanent Signs: 1. Freestanding Business Signs: On lots less than three (3) acres with one street frontage, one freestanding business sign thirty two (32) square feet or less feet in area and twelve feet (12’) or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and twelve feet (12’) or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign sixty four (64) square feet or less in area and twelve feet (12’) or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and twelve feet (12’) or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800’) with two (2) entrances/exits at least six hundred feet (600’) apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and twelve feet (12’) or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel color and type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2010-04, 1-12-2010) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way. The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the [ United City of Yorkville Zoning Ordinance ][ 9 ] Chapter 20: Signs building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant’s exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant’s exterior wall. ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant’s exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant’s exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a. There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. (Ord. 2012-38, 10-23-2012) e. The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four (24) hours of the malfunction. [ United City of Yorkville Zoning Ordinance ][ 10 ] Chapter 20: Signs h. A sign with an electronic message display panel shall be constructed with the other components of the sign Table 10.20.01 Size of Electronic Message Signs (Commercial) Type of Commercial Building and Location Maximum Area of Electronic Message Display Panel Minimum Time Between Video, Animation or Static Text Single commercial tenant building on parcel adjacent to major arterial (Illinois Routes 47, 126, and 71, and U.S. Route 34) 32 sq. ft.5 seconds Multiple commercial tenant building on parcel adjacent to major arterial 32 sq. ft.5 seconds Single commercial tenant building on parcel not adjacent to major arterial 32 sq. ft.8 seconds Multiple commercial tenant building on parcel not adjacent to major arterial 24 sq. ft.8 seconds Commercial planned unit development Maximum sign height - 10 feet 75 sq. ft.5 seconds (Ord. 2012-38, 10-23-2012; amd. Ord. 2012-42, 11-13-2012) in a natural material in the same brick, stone or masonry construction of the principal building’s exterior walls. i. Table 10.20.01 shows the maximum size of the electronic message display panel. B. Temporary Signs: 1. Searchlights. 2. Cold Air Inflatable Devices. 3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8’) in height. 4. Commercial Real Estate Signs: On commercial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area and five feet (5’) in height. 5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square feet in area and five feet (5’) in height. 6. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. 7. Banners: One special business event sign per business not to exceed thirty two (32) square feet in area. 8. Portable Signs: One portable sign per business not to exceed sixteen (16) square feet in area. (Ord. 2009-31, 6-9-2009) 9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an [ United City of Yorkville Zoning Ordinance ][ 11 ] Chapter 20: Signs outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3’ x 6’) in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-10 Permitted Signs; Manufacturing Zoning Districts A. Permanent Signs: 1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a residentially zoned or used lot with one street frontage, one freestanding business sign shall be allowed. Said sign shall be thirty two (32) square feet or less in area and twelve feet (12’) or less in height. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and twelve feet (12’) or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger with one street frontage, one freestanding business sign shall be allowed. Said sign shall be a maximum of sixty four (64) square feet or less in area and twelve feet (12’) or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and twelve feet (12’) or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800’) with two (2) entrances/exits at least six hundred feet (600’) apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and twelve feet (12’) or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2009-31, 6-9-2009) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way. The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing [ United City of Yorkville Zoning Ordinance ][ 12 ] Chapter 20: Signs a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant’s exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant’s exterior wall. ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant’s exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant’s exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a. There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves, fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. e. The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty (1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty Table 10.20.02 Size of Electronic Message Signs (Manufacturing) Size of Parcels Maximum Area of Electronic Message Display Panel Minimum Time Between Video, Animation or Static Text Manufacturing parcel of 3 acres or less 32 sq. ft.8 seconds Manufacturing parcel of more than 3 acres 36 sq. ft.8 seconds (Ord. 2012-38, 10-23-2012) [ United City of Yorkville Zoning Ordinance ][ 13 ] Chapter 20: Signs four (24) hours of the malfunction. h. A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick, stone or masonry construction of the principal building’s exterior walls. i. Table 10.20.02 shows the maximum size of the electronic message display panel. B. Temporary Signs: 1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5’) in height. 2. Construction Signs: One construction sign per industrial lot not to exceed thirty two (32) square feet in area and ten feet (10’) in height. 3. Banners/Special Business Event Sign: One banner/special business event sign per business not to exceed thirty two (32) square feet in area and ten feet (10’) in height. 4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area. 5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30) days. (Ord. 2009-31, 6-9- 2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3’ x 6’) in size and shall face the playing field. Banners mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-11 Nonconforming Signs A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign hereafter shall be in conformity with the regulations of this chapter. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from [ United City of Yorkville Zoning Ordinance ][ 14 ] Chapter 20: Signs the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage date hereof. New temporary signs shall be allowed only in conformance with the provisions contained in this chapter. Such signage must be removed by the close of business of the day the temporary sign permit expires. (Ord. 2009-31, 6-9-2009) 10-20-12 Permitting Procedures Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009) A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. Routine sign maintenance, changing of parts designed for change, or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. (Ord. 2010-25, 6-8-2010) B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the city may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. Table 10.20.03 Temporary Sign Permit Frequency and Duration Type of Sign Maximum Duration Maximum Frequency Banners 30 days 5 times per year Sandwich board or A-frame 6 months Renewable Commercial real estate 6 months Renewable Industrial real estate 6 months Renewable Residential marketing 6 months Renewable Grand opening 45 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather (per property)30 days ($25.00)Renewable ($5.00 fee) Construction During active building permit issuance Off premises sponsorship banner 8 months: March through October (Ord. 2010-18, 4-13-2010; amd. Ord. 2010-25, 6-8-2010) [ United City of Yorkville Zoning Ordinance ][ 15 ] Chapter 20: Signs 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. C. Temporary Sign Permit Frequency And Duration Per Business: 10-20-13 Sign Variations In addition to the procedures and standards listed in section 10-14-5 of this code regarding variations from the requirements, the zoning board of appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: A. If the sign was erected legally with a sign permit. B. If there are any unique physical characteristics of the property. C. If there are limited available locations for signage on the property. D. The cost to the applicant of complying with the sign ordinance requirements. E. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. G. If the sign would be blocked by existing or required landscaping. H. If it is a wall sign facing a public right of way without a public entrance. (Ord. 2009-31, 6-9-2009)