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Ordinance 1955-48 ZONING ORDINANCE (AMENDED) An ordinance amending a certain ordinance known as the "Zoning Ordinance of the Village of Yorkville", as passed and approves. October 28, 1940. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF YOREVILLES ILLINOIS; That a certain Zoning Ordinance, passed and approver by the president and Board of Trustees' of. the Village of Yorkville* October 282 1940, Requiring Permits for Buildings Structures and Uses, Dividing the Village into Districts, Regulating the Uses Permitted in Such Districts, Specifying Minimum Lot Sizes, Setbacks and Side Yards' Providing for Appeals, and Imposing Penalties, For the purpose of conserving the taxable value of land and buildings, securing adequate light, pure air and safety from fire and other dangers, lessening or voiding congestion in the public streets, and otherwise promoting the public health, safety, comfort, morala and welfare, and pursuant to the statute relating to zoning of municipalities enacted by the General Assembly and approved .Tune 28, 1921 as amended, be and the name is hereby amended to read As follows! Section 1. Permits. Heroafter, in the Village of Yorkvilley a written and signed permit showing conformance with this ordinance shall be obtained from the Village Clerk; with the approval of the Village Boards before starting to erect, move or substantially remodel any building or structure or part thereof and before expanding any old or establishing any new trade, business, office, industrial, atorage, farming, residential or other use. either by itself or in addition to an existing use. The application for permit shall be written and signed, and only those permits allowable hereunder shall 2 «► be issued. Permit and any other fees shall be as established by resolution of the Village Board, Section 2, Districts. For the purpose of this ordinance, which shall be known and referred to as the Zoning Ordinances all land within the corporate limits of the Village is hereby divided and classified into the following district*$ listed in order from the highest class W the lowest class, and designated: Residence; Apartment; Farming; Business; and Industrial. The boundaries of such districts shall be shown on the zoning plan, attached to and made a part of the Zoning Ordinance of which this is an amendments and the Village Clerk is directed to make the proper changes on the zoning map and plan now on file. Any lands whose classification is not clearly shown on the zoning plan, and any subdivision hereafter created within the village MI t8. or any land hereafter annexed to the village, shall be automatically classified as in the Residence districts upon the acceptance of the plat by the Village Board, and until such time as differently Classified by amendment, Section 3. Residence District uses. In Residence distriets' the only uses which may hereafter be established or eded are: 1) One and two family residences; 2) Acme oce4pations and'professional offices conducted in csonneetioa with residences by the occupants thereof and in a Manor incidental and not detrimental to residential property; 3) One signs not larger than three square feet in area, pertaining only to the sales lease or identification of. .the premises on which displayed; 4) Parking in the open of bussess automotive commercial vehicles and freight trucks; 5) Public and religious schools$ but not private, vocational, Susie or dancing gcheols; 61 Public libraties; 7) Churches; • 3 8), . Community centers, 9)_ Parks and playgrounds; 10) T'il ng the soil in the cpsA, but not operations causing detr me' n al noise or water pollution; 11) Golf courses, 12) Railroads, but not yards or team tracks; . 13) Community water works. Specifically prohibited are: 1) Open storage of building -- material and equipment except during active construction for permissible uses; -2) Raising of poultry, pigeons, livestock; and fur bearing animals for sale or for the sale of7oducts therefrom; 3) Trailer camping, which is defined, as the use by a structure for living, sleeping, business or storage purposes, having no foundation other than wheels, blooks; skids, jacks, horses or skirting., which is, has been, or reasonably can be equipped with wheels or other devises for transporting the st*ucture from place to place, and 4) Tourist cabins, which are defined as one or more structures, ,designed or intended to be used as temporary living facili- ties for one or more families, and intended primarily and used for automobile transients. Section 4, Apartment District Uses. in Apartment districts, the only uses which may hereafter be established or expanded are those permitted in Residence districts and in addition, the followings 1) multi—family residence buildings, provided the lot area per family is not less than 2400 square feet on those lots served by either a community newer and water supply system meeting the state health standards, or, If not so served, at least 7200 square feet per family, and provided Putther, that multiple family residential use shall be restricted to a minimum of 804 square feet of floor area for each family consisting of two persons, 600 square feet of floor area for each family consisting of three persons, and 100 additional square feet of floor area for each w 4 w additional member of each family, and each family residential unit shall be equipped with its own private sanitary plumbing' facilities for bathing and disposal of human waste. -Section 5. Farming District Uses. In the farming districts *the only uses which may hereafter be established or expanded are those permitted in the Residence districts and in addition the following: 1) Farming but not the feeding or disposal of garbage or food waotos; 2) Raising of poultry, pigeons, dogs, bees, fur bearing animals and livestock; 3) Mushroom farms; 4) Greenhouses; 5) Nurseries, and 6) Mining of clay, gravel and stone with portable equipment' (sites of fixed processing plants shall be classified in- dustrial) ; 7) Incidental retail sale of products from any of the above uses; 8) Cemeteries, 9) Riding stables, 10) Teterinary establishments; 11) Municipal sewage d s_ • po sal plants; 12) Munidpal garbage-inaineratorp; 1S)_ Picnic grounds but not any regular business therein; . 14) Community . athletic fields; 15) Public institutions; 16) Grain storage if not nearer than 510 'f eet to any residence other than the. owner or lessee of the site. Section 6. Business District uses. In the Business districts any use may be established. or expanded except: 1) Fuel and building material yards; 2) Manufacture or con•- orete products; 3) Truck storage in the"open and building or malsoonanee equipment yards; 4) Auto wrecking; 5) Storage of junk. or non--operatable_autos; 6) Bulk storage of junk or non»operatable autos; 7) Bulk storage of petroleum products; 8) Grain, elevators; 9) Heavy manufacturing; 10) Uses imi-- lar to the above; 11)-Any use which emits dust,` Os, fgmes, smoke, odor or other wastes or is especially hazardous, or causes noise or vibrations, to such an extent as to be de- trimental to adjoining property or the occupants thereof. .. 5 Section 7. Industrial District Uses. In the 1n» dustrial districts any use may be established or expanded except; 1) Auto wrecking in the open; 2) Junk storage in the open, and 3) Any use which highly poliutes the air with ill.-smelling or noxious wastes, such as glue factories, tanneries, fertilizer manufacture, and dumping of garbage. dead animals or slaughter house wastes. Section 8, Incidental Uses. Unless otherwise pro-- hibited 'or restricted, uses and buildings incidental to a permitted use are also permitted but not before the con struction or establishment of the permitted use an46nly on the site or building plot thereof. Such incidental uses and buildings shall be compatible with the character of the dis-- triot in which they are located. Section 9, Minimum Size of Plot. Any use here- after established or expanded-in Residence and Farming din- triots involving the disposal of human wastes, if served by either a community sewer or water supply system meeting State health standards, shall have and preserve a plot or site"°at least 66 feet wide and 8,700 square feet in area, or, if not so served, at least 132 feet wide and 17,4:00 square feet in area. Excepted, however, is any smaller lot or parcel on record on the adoption date of the Zoning Ordinance, of which this is an amendment. Section 10, " Minimum Setbacks. Every part of any building or structure, or part thereof, hereafter erected or moved, shall be located or set back from the front line of the plot at least the distance noted on the -zoning plan, but if none be noted, then 30 feet in residence, apartment and farming districts, and no setback at all in business and industrial districts. Exceptions: a) No new or moved resi-- donee need set back from an adjoining existing residence ,.. 6 .. more than one foot for each three feet of distance between such residences; b) In the case of a lot or parcel of land on record on the adoption date of the Zoning Ordinance, of which this is an amendment, has less than 120" feet deep, the setback need not be more than one-fourth the lot depth. Section 11, Minimum Side Yard. Any building or structure or part thereof, hereafter erected or moved in Residence, Apartment and Farming districts; and any resi«• Bence erected or moved in'any district, shall be provided with an open space or yard tt least 10 feet wide along each line of the building plot which forms the side yard of either the plot used or the plot adjoining. Such yard or any now existing shall not be diminished or further diminished beyond the dimension required herein, Exceptions: a) On a lot or parcel of land less than 66 feet wide, on t�ecord"'Qn the adoption date of the Zoning Ordinance, of which this is an amendment, each of su©h yard- need not be wider than 15% Of" the width of the lot or parcel; b) Incidental or accessary buildings located more than 50 feet back of required street setback lines need not be provided with such yards; e) Haves, chimneys., bays and other ordinary building projections may extend into such yard, but not more than 36 inches. Section 12. Nonconforming U-ses and Buildings. Any use, building or structure lawfully existing or under construction on the- adoption date of the Zening Ordinance, of which this is an amendment, or of a later amendment= which does not conform to the provisions of said ordinance or amendment, shall be known as non—conforming. Such a use, building or structure may be (a) maintained, or (b) changed to a higher use, but shall not be (c) changed to aAower use, or (d) expanded, or (e) re-established if discontinued: a j ... 7 .. for one year or more, or (f) re))wilt and continued if de- stroyed or damaged to the extent of 50 per cent or wore. Section 13. Administration, Enforcement and Penal- ties. The Village Clerk shall administer this ordA tn4e, which shall include-the making and keeping of a complete re- cord of the nature and extent of each non-conforming use and the. keeping of all applications made and copies of permits *&sited, This ordinance shall be enforced by the sever officers of the village. In addition to the enforcement - proceedings authorised in the statute, any person, firm, or corporation, or agents, employees or contractors of seek;;, who violate, disobey, omit, neglect, or refuse to comply with air wig resist enforcement of any of the provisions of this ordinance shall. be subject to a fine of not more than 100 dollars for each offense' and each day a violation continues to exist shall constitute a separate offense. Section 14. Board of Appeals. Seven persons shall be appointed by the President, of the Board of Trustees by . and with consent of the Board of Trustees of the Village of Yorkville, to serve for the ,term of seven years. Said mem- bers shall be appointed for the terms: One for one year, one for two years, one for three years, one for four years, one for five years' one for six, years, and one for seven years, the successor to each member_so appointed to s efve for a term of five years. The function of the Boar46f Ap- peals shall be as prescribed by statute. Variations, in the application of the strict letter of the regulations of this ordinance, variations are hereby authorized, upon order of the Board of Appeals, but only in a specific case where the Board of Appeals determines that because of some peculiar condition of the property or Its environment (not the owner or occupant) compliance with the V «� 8 �� regulations, would result in practical difficulties or particular hardship. As required by the following rules and provisions of the statute, any such variation (1) shall" be accompanied by. a finding of fact specifying the reason for the variation; namely, peculiar conditions and hard- ships* (2) shall be in harmony with the general purpose and Intent of the regulation in question, (3) shall not reduce the lot area, setback or side yard more than 25%, (4) shall not materially increase traffic or impair the publc •health, I afety, morals, comfort and general welfare, (5) shall be granted only after a duly advertised public hearing has been held, notice of which shall be posted on the property, and shall have concurring vote of at least Pour members of the Board of Appeals. Within thirty days after the filing of any decision or variation of the Board of Appeals in the office of said Board, any person or persons jointly •or severally agree by such decisiony6r variation or any offenders, department, board- or bureau of the county, may appeal to a Court of- Record in the matter presecribed by statute. Section 15, Validity. Should a court of competent jurisdiction declare any part of this ordinance invalid, such decision shall net affect the validity of the remainder. Section 16. Other restrictions. This ordinance shall not nullify more- restrictive covenants, agreements, resolutions or other ordinances, but shall control over those which are less restrictive. Section 17. Amendments. The provisions of this ordinance 'and the districts created by the Zoning Plan may at any time be amended by ordinance after a-duly advertised public hearing, in the manner prescribed by statute. A notice of the hearing shall also be posted on .the property. Section 18, Effective Date. This ordinance shall be in full force and effect upon its due passage, approval and publication or posting according to law. Passed this 7th day of February, 1955. AcTiwsj Village Glerk Signed and approved this 7th day of February, 1955. resident