Economic Development Packet 2006 03-23-06 . United City of Yorkville
800 Game Farm Road
'm Yorkville, Illinois 60560
o Telephone: 630-553-4350
Fax: 630-553-7575
SCE
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Thursday, March 23, 2006
7:00 p.m.
City Hall Conference Room
1. Approval/Correction of Minutes: January 19, 2006 and February 16, 2006
2. EDC 2006-07 Building Permit Report for January 2006
3. EDC 2006-08 Building Permit Report for February 2006
4. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils
and Route 47
5. PC 2006-16 MPI South Annexation and Zoning
6. PC 2006-08 Westbury South Village PUD Amendment and Preliminary PUD Plan
7. PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD Plan
8. PC 2005-65 Fountain Village —Final Plat
9. PC 2004-33 Silver Fox—Preliminary Plan
10. EDC 2006-09 Sign Ordinance
11. EDC 2005-02 Economic Incentives for Commercial/Industrial Business Update
12. Additional Business
Page 1 of 2
ECONOMIC DEVELOPMENT COMMITTEE DRAFT
Thursday, January 19,2006
7:00 pm
City Hall Conference Room
Present:
Alderman Marty Munns Mayor Art Prochaska(arrived at 7:05)
Alderman Jason Leslie City Administrator John Crois (arrived at 7:05)
Alderman Joe Besco City Attorney John Wyeth(arrived at 7:05)
Bart Olson Lynn Dubajic, YEDC (arrived at 7:05)
W. A Dettmer, Building Dept. Dennis Lindell, Dykema Gossett
Travis Miller John Phillipchuck, DBC&W Ltd.
Scott Mai, Smith Engineering Mike Branderby, Tanglewood Homes
John Purcell, Kendall County Rick Murphy, Pasquenelli Homes
The meeting was called to order at 7:00 pm by Chairman Munns.
1. Approval/Correction of Minutes: September 15, 2005, October 20, 2005,
November 2, 2005, and November 4, 2005—The minutes were approved.
2. EDC 2005-01 SSA Tax Policy—There was no information in the Packet. There
could be an SSA if there were extenuating circumstances such as some of the
development on the South side of Town. There would be a list of what the SSA
dollars could be spent on. A list of possible things for SSA dollars to be spent on was
distributed and discussed. Right of way landscaping and curbs as well as engineering
and related professional fees were felt the developer should pay, not the SSA. Also it
would be preferable if the SSA was folded into the mortgage at the time of closing.
This will come back to EDC.
3. EDC 2006-01 Building Permit Report for November 2005—This will move on to
COW.
4. EDC 2006-02 Building Permit Report for December 2005—This will move on to
COW.
5. EDC 2006-03 Zoning Text Amendment to M-1 Zoning District—This will move
on to COW.
6. EDC 2005-07 Feasibility of Relocating Overhead Power Lines to Underground—
The estimate of$70,000 for engineering did not include the lines along Rt. 47 from
Corneils Rd. to Rt. 71. The first option for payment would be a lump sum payment
prior to the start of construction with the final bill invoiced upon completion of all
work. The second option would be to add an additional"per kilowatt-hour charge"
onto the monthly bills of the customers. The Aldermen do not want to consider this
option. Another option would be to pass an ordinance to have the developers bury the
lines at the developer's cost. The city can put aside money for a project like this in the
future. This is to be taken off the agenda. It will come back sometime in the future.
7. EDC 2005-09 Facade Improvement Agreement—This will move on to COW.
Page 2 of 2
8. EDC 2006-04 Residential Development Key and Population Projection—This is a
Bi-Annual report. The total units on the key are at 20,768 and the estimated units still
to be constructed are at 18,239. There is a 2.75 average population per home. The
City Population with current developments only would be 42,805 in five years, and the
City Population with current and future developments is projected to be 68,688.
9. EDC 2005-03 Kendall County Transportation Development Fees Draft
Agreement—This is a fee collected by the City and held by the City for County Road
improvements. There was a question about an agreement with the County to help with
the improvements on City streets that will be needed because of the County Complex.
This will be discussed at a later date. This item will move on to COW.
10. PC 2005-16 Kendallwood Estates—Preliminary Plan—Plan Commission was
9-0 in favor of this development. There will be 83 homes within this development.
This will move on to COW.
11. PC 2005-34 Evergreen Farm—Preliminary Plan—The Plan Commission was
9-0 in favor of this development. There are 76 12,000 square foot minimum lots.
There were some changes due to the Transportation Study. The storm water detention
was moved. There are 2 road stubs There is a right of way dedication for the
extension of Pavillion Road along the creek. The cul-de-sac was extended by 30 feet.
The lot lines were changed in the cul-de-sac. This will move on to COW.
12. PC 2005-54 Grande Reserve Unit 12—Preliminary/Final Plat—This is a
Court Home product. Plan Commission was 8-1 in favor. This will move on to COW.
12. PC 2005-55 Grande Reserve Unit 13—Preliminary/Final Plat—This is a
Traditional Town Home product. Plan Commission was 8-1 in favor. This will move
on to COW.
13. Amendment to PUD Ordinance—This is a change to the first review process.
There will be an approval of concept. The concept will have a bubble plan with some
detail such as maximum density and number of units. This will give the developer
some entitlements. This change would require 2 Public Hearings with one of them for
the Preliminary Plan. This will come back to EDC of February 16''.
14. Additional Business—The YEDC update will be on February 28d.
3 developers heard of the Economic Incentives Program through newspaper articles
and requested copies.
The meeting was adjourned at 8:40 pm.
Minutes submitted by Laura Leppert.
Page 1 of 2
ECONOMIC DEVELOPMENT COMMITTEE DRAFT
Thursday, February 16,2006
7:00 pm
City Hall Conference Room
Present:
Alderman Marry Munns, Chairman Scott Guerard, Wyndham Deerpoint
Alderman Joe Besco Dan Harper, Kendall Creek
Alderwoman Valerie Burd Jim Olguin, Kendall Creek/Hudson Lakes
Mayor Art Prochaska Frank Cortina, attorney
Travis Miller Belinda Lies, Kiddie Campus
City Attorney, John Wyeth Tom K., Kiddie Campus
City Administrator, John Crois Tom Van Bockel, Leo Froelich Construction
Lynn Dubajic, YEDC Dan Kramer, attorney
The meeting was called to order at 7:00 pm by Chairman Munns.
1. Approval/Correction of Minutes: December 15, 2005—The minutes were
approved.
2. EDC 2005-01 SSA Tax Policy—This is an amendment to the 2002-04 Special Tax
Bond Policy. The first change was to the Eligible Infrastructure Costs. The bullets
were changed. Some things were added or removed. The second change was under
the eligible project section. Prior to consideration the developer must demonstrate an
advantage to the city. The next change was the policy that an SSA will be considered
specific to the project. The annexation agreement has written policy that an SSA is
not required by contract, they may request an SSA. The last change was the City
would give the highest priority to an SSA that would be paid off at the time of closing
or building permit. There was a comment that when the Bond rates go lower than
mortgage rates, than an SSA may be a benefit to the homeowner, but it would still be
simpler for the Homeowner to have the SSA paid off at closing. This will move on to
COW.
3. PC 2005-27 Kiddie Campus—Special Use—This is for an addition to be built. It is
a technicality that this must come before City Council. This got a 6—0 favorable vote
at Plan Commission. This will go on to COW.
4. PC 2005-53 Hudson Lakes—Annexation and Zoning—This development is
surrounded by Raintree Village, Prestwick of Yorkville, and Windett Ridge. This will
be R2 single family homes. There are 231 units with a minimum lot size of 12,000
square feet. The average lot size is 14,500 square feet, with the maximum lot size at
35,000 square feet. The density is 1.65 units per acre. There will be no Town homes.
There is a Penman Road extension. Plan Commission voted 6—0 in favor of
Annexation and Zoning. The developer will talk with the State about the plans for Rt.
126. The plat of subdivision review will come to EDC in March. This is off the
agenda for now.
Pa eg 2 of 2
5. PC 2005-62 2113 Route 47—Annexation and Zoning—This is an 1-shaped parcel at
Rt. 47 and Corneils. The owner would like to annex and zone B3. There is no
contemplated use, and no prospective buyer. The current owner does not have the
means to develop it. This will go on to COW.
6. PC 2006-03 Woodstone—Annexation and Zoning—This will be Annexation and
B2 Zoning. It will be a high end low impact office facility. It is lined up with
Wooden Bridge. The citizen's concerns are about the lighting and the traffic. The roof
lines would be like a house with mainly single story buildings. Many of the natural
features will be maintained and there will be additional landscaping and buffering.
There will be an accommodation for the future widening of Rt. 126. There will be a
bike path and some small signs. This will go on to COW.
7. PC 2006-07 Caledonia Unit 1 —Final Plat—This is a segment of the original
Caledonia. Wyndham Deerpoint is going to develop this in chunks. There are no
changes in the design. Plan Commission voted 6—0 in favor of this. This will move
on to COW.
8. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils
and Route 47—This was tabled until the March EDC.
9. EDC 2006-06 Amendment to the PUD Ordinance—The current ordinance gives the
developer no entitlement. This is a drawback because there are some significant costs
to go through this process. There would be a new PUD zoning class. Approval of the
concept plan would give the developer some entitlement. This change adds another
Public Hearing to the process. Unless the developer is told otherwise, they must meet
the normal standards of the other zoning classes they will be using. This change also
encourages any proposed variances and special uses to be listed in the concept plan.
This will move on to COW.
10. Additional Business—Joe Besco said the Economic Incentives have been added
to the EDC homepage. 3 companies have acknowledged seeing it and are currently
figuring out how they can use it. The city has been commended for this and the ability
to plan out projects. Alderwoman Burd would like to have a workshop before an EDC
meeting to start a program for small business. It would be similar to the facade
program with criteria, and capital being invested. It could be especially important for
the redevelopment of the downtown area.
The meeting was adj oumed at 8:10 pm.
Minutes submitted by Laura Leppert.
BUILDING PERMIT REPORT
United City of Yorkville
Department of Building Safety
January 2006
Types es of Perm
Y
Permits
— _.... _.... _ ... — . . ..........._
»3 _F
2 amily
st aN umb er of Pe rmits Issued
Multiple-Family
Commercial Industrial l M is cellan e o
us S FD se 8�n ni8 z s Total Construction on CO
z Permits_!Structure)
January 2006 113 54 12 3 4 0 40 $12,977,230.00
Calendar Year 2006 113 54 12 3 4 0 40 $12,977,230.00
Fiscal Year 2005 ( 1144 500 18 9 26 0 591 $110,422,619.00
f I
January 2005 46 24 0 0 5 0 17 $6,049,750.00
Calendar Year 2005 46 24 0 0 5 0 17 $6,049,750.00
Fiscal Year 2004 822 364 0 0 23 1 432 $86,262,310.00
January 2004 50 27 0 0 2 0 21 $5,730,481.00
Calendar Year 2004 50 27 0 0 2 0 21 $5,7309481.00
Fiscal Year 2003 1 729 291 12 7 28 0 391 $74,279,808.00
I
January 2003 36 24 0 0 1 0 11 $6,505,969.00
Calendar Year 2003 36 1 24 0 0 1 0 11 1 $6,505,969.00
Fiscal Year 2002 601 213 4 2 30 1 351 1 $46,241,058.00
i
January 2002 34 15 2 0 5 0 12 I $3,843,700.00
Calendar Year 2002 34 1 15 2 0 5 0 12 $3,843,700.00
Fiscal Year 2001 393 148 9 3 22 2 207 $46,924,619.00
i
i I
Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects.
Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety /—
BUILDING PERMIT REPORT
United City of Yorkville
Department of Building Safety
February 2006
Types f Permits es o r '
s
e
.....---. w..._ ........
a
i
2-Family
mtl
. Y
Number of Permits Issued SFD
- sin n m 2005 Mul t i
le-F a
mll Y
Com m
ercial
Industrial l
Miscellaneous
Total Con
XX
struction Cost
2 Permits=I Sbu u
d re
February 2006 1 104 I 62 4 0 4 0
34 $9,134,516.00
Calendar Year 2006 217 j 116 16 3 8 0 74 $22,111,746.00
Fiscal Year 2005 1248 562 22 9 30 0 625
$119,557,135.00
February 2005 55 1 16 0 0 1 0 38 $5,7309131.00
Calendar Year 2005 t 101 j 40 0 0 6 0 55
$11,779,881.00
Fiscal Year 2004 873 380 0 0 24 1 470 j $91,992,441.00
February 2004 41 19 0 0 1 0 21 $4,497,798.00
Calendar Year 2004 91 46 0 0 3 0 42 1 $10,228,279.00
i
Fiscal Year 2003 1 770 310 12 7 29 0 412 $78,777,606.00
February 2003 36 20 0 0 0 0 16 $3,350,501.00
Calendar Year 2003 72 42 0 0 1 0 27 $9,856,470.00
Fiscal Year 2002 5 637 233 4 2 30 1 367 $49,591,559.00
February 2002 ! 43 20 0 0 5 0 18 $4,501,948.00
Calendar Year 2002 77 i 35 2 0 10 0 30 $8,345,648.00
Fiscal Year 2001 436 i 168 9 3 27 2 225 1 $51,426,567.00
i
Permit Number Y-05-0012 was voided,thus only 101 of 102 assigned permit numbers were actually used ( T�
Note: Miscellaneous permits include such items as additions,remodelling,sheds,decks,RPZs,and municipal projects.
Report prepared by: Barbara J.Dettmer,MCP/Department of Building Safety
02/10/2006 10:57 FAX 630 553 5764 DANIEL J. KRAMER 16002/010
EDP 0 4rg-(
STATE OF ILLINOIS ) February 10,2006
)ss.
COUNTY OF KENDALL )
UNITED CI'T'Y OF YORKVILLE
AND CASTLE BANK AS TRUSTEE UNDER TRUST AGREEMENT
DATED JULY_8,2005 AND KNOWN AS TRUST#2373
DEVELOPMENVECONOMIC INITIATIVE AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agrcornent"I is made and entered into
as of the day of _ ' 2006 by and between THE UNITED CITY OF
YORKVILLE, an Illinois corporation located in Kendall County (the "CITY'S and CASTLE
BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 8, 2005 AND KNOWN
AS TRUST#2373 (the"OWNER').
RECITALS
The CITY is an Illinois mwiicipality and hereby enters into this Agreement pursuant to
65 ILCS 5/8-11-20 (`Enabling Statute"); and pursuant to Section 6(a) of Article VII of the
Constitution of the State of Illinois of 1970, the CITY has determined that it has the authority to
enter into this Agreement.
The OWNER has purchased_ and intends to develop the real property located at the
northwest corner of the intersection of Route 47 and Corneils Road and legally described in
Exhibit"A"(the"Property's for commercial uses("Development Project") subject to the zoning
ordinance enacted by the CITY. OWNER has demonstrated to the CITY's satisfaction that the
OWNER has the experience and capacity to complete the Development Project. The OWNER
and the CITY have determined that without the financial assistance provided under this
Agreement the Development Project would not be feasible and that the OWNER would not
undertake the Development Project. The OWNER has expressly conditioned the undertaking of
the Development Project on the CITY's agreement to pledge the Sales Tax Revenues (defined
later) it receives from the Development Project to repay OWNER its Reimbursable
Improvements(defined later), all as provided in this Agreement.
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The CITY deems it to be of significant importance to encourage development within the
CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities.
Accordingly, the CITY has made the following findings necessary pursuant to the Enabling
Statute:
That the Property has remained vacant in excess of twenty(20)years;
That the Development Project is expected to create job opportunities within the
municipality;
That the Development Project will serve to further the development of adjacent areas;
That the CITY is desirous of creating a large regional detention lake on real property
adjoining and contiguous to the subject property immediately to the north thereof, and in
order to provide an outlet for said regional drainage facility, the CITY needs a storm
outlet easement along the east and southern boundary of the subject real property
described in the attached Exhibit"A";
The CITY in addition to said drainage out-flow easement also needs funds with which to
construct said regional detention facility and outlet easement. Construction of said
improvements will benefit and allow the development of surrounding parcels of
commercial real property.
That without this Agreement, the Development Project would not be reasonably possible
given the off-site costs imposed by the Illinois Department of Transportation;
That the OWNER meets high standards of creditworthiness and financial strength;
That the Development Project will strengthen the commercial sector of the municipality;
That the Development Project will enhance the tax base of the CITY;
That this Agreement is made in the best interest of the CITY; and
Pursuant to the Illinois Municipal Code, as amended("Code'), the CITY has authority to
enter into an economic incentive agreement relating to the development of land within corporate
limits, including an agreement to share or rebate a portion of the retailer's occupation taxes
received by the CITY that are generated by the development.
Subject to the terms and conditions of this Agreement, the CITY agrees to reimburse the
OWNER for its Reimbursable Improvements. In reliance upon the CITY's representations and
covenants contained in and subject to the terms and conditions of this Agreement, the OWNER
intends to cause the Reimbursable Improvements (as hereinafter defined) to be constructed and
to enter into construction contracts and other agreements as necessary.
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This Agreement has been submitted to the corporate authorities of the CITY for
consideration and review, and the corporate authorities have given all notices and taken all
actions required to be taken prior to the execution of this Agreement to make this Agreement
effective.
NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring
opportunities for development and attracting sound and stable commercial growth; to promote
the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake
the Development Project; in consideration of the OWNER's agreement to undertake the
Development Project and the CITY's agreement to reimburse the OWNER for the costs of
causing the construction of certain of the Reimbursable Improvements; and in consideration of
the mutual promises, covenants, stipulations and agreements herein contained in this Agreement,
the OWNER and the CITY hereby agree as follows:
Incorporation of Recitals.
The recitals set forth above are incorporated hereby by this reference as if fully set forth
herein.
Creation of Economic incentive Agreements.
The CITY acknowledges that an economic incentive agreement for the subject
commercial property within the Property will provide incentives for development within the
Property, which will provide sales tax benefits to the CITY. The CITY shall, upon application
by OWNER or its assigns, pursuant to 65 ILCS 5/5-11-20 (2002) or any other statutory means,
enact all ordinances and execute all agreements to share or rebate a fifty percent(50%)portion of
the CITY's allocated portion of sales tax revenue as set forth herein to OWNER or as assigned in
writing by OWNER, pursuant to the terms provided in this paragraph of the Agreement
(hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail
user" shall be any user that collects sales tax as part of its operation. The commercial retailer
user shall be referred to as the"Generator".
The CITY acknowledges that its agreement to execute this Development/Economic
Initiative Agreement is a material inducement to OWNER to enter into this Agreement.
Development Incentive Reimbursement.
Incentives. The OWNER pursuant to the terms of this Agreement shall be repaid 100%
of its Reimbursable Improvement costs (defined below)out of 50%of sales tax generated by any
"Generator" on the Property or any additional property purchased by OWNER, as evidenced by
paid lien waivers and sworn contractor affidavit submitted to the CITY. The CITY shall include
interest at the rate of three percent(3%)per annum in excess of prime commercial interest rate as
set by Old Second Bank — Yorkville on the Reimbursable Improvement calculation for the
balance of Reimbursable Improvements incurred by OWNER. Interest shall be calculated
annually and shall commence with the Certificate of Occupancy being issued to the first store(or
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other business operator) on the Property. OWNER shall be entitled to recover up to the total
amount of the Reimbursable Improvement calculation plus interest for a period of eighteen 0 8)
years commencing from the date of the first occupancy by a tenant in the subject development.
in the event OWNER recovers its full Reimbursable Improvement plus interest
calculation prior to that expiration time, the right to recovery shall terminate earlier than the
previous stated expiration date. In the event OWNER has not received all of its Reimbursable
Improvements calculation and interest upon said expiration date,the Agreement shall be treated
as expired. Interest shall not be compounded. These Reimbursable Improvements include, but
are not limited to, the following:
1) Construction, excavation, hauling, compacting, and all related functions for any
portion of the regional detention facility undertaken off-site to the north of the
subject property by OWNER
2) Construction, installation, materials, labor, design, and any other costs associated
with the installation of a storm sewer pipe serving as the out-flow pipe from the
detention facility along the east boundary of the property of OWNER and along
the south property of OWNER both as described in the attached Exhibit"A".
3) Construction of any intersection, signalization,or other improvements on Corneils
Road or Route 47 as is necessitated by IDOT or the CITY for the development of
the subject property and handling ambient traffic benefiting from said roadway
improvements.
4) Extension of city water and sanitary sewer mains to the east boundary of the
subject parcel as described in Exhibit"A" along and parallel with Corneils Road
to the east boundary of the subject property.
5) Any oversizing of the stormwater out-flow pipe in excess of that amount required
to benefit the subject property of OWNER as described in the attached Exhibit
«A„
6) Any internal street connections required to be oversized as collector streets under
the CITY Ordinances to benefit surrounding properties.
7) Any connection to off-site downstream benefiting from the out-flow sewer to
cross Route 47 to connect to said downstream properties, and any additional out-
flow pipe advanced by OWNER to connect to the ultimate out-flow at the Rob
Roy Creek Watershed.
The CITY shall distribute the sales tax revenue generated by any Generator as follows:
50%to the OWNER, or as directed by the OWNER;
50%to the CITYY;
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Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein refers to
revenues generated by the sale of merchandise from and collected under the Retailer's
Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of
Illinois or any governmental agency or body created under the laws of the State of Illinois,based
upon gross sales, and located within the State of Illinois, that is collected by the Generators as a
result of business transactions occurring on the Property. In the event that the CITY's share of
said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's
share thereof shall be reduced or increased in the same proportion.
Payment Obligation. The CITY hereby agrees to pay OWNER or its assignee the
quarterly installment payments made to the CITY by the Illinois Department of Revenue within
thirty (30) days of receipt by the CITY of the quarterly installments, and continuing until the
Reimbursable Improvements and applicable interest are paid to the OWNER as set out in this
Agreement.
The "quarterly installment payment" shall mean an amount equal to one-half(%:) of the
sales tax revenue received by the CITY from the State generated by each Generator on the
Property, or any additions to the Property. All amounts paid to the OWNER will be due and
payable solely from one-half (%) of the sales tax revenues received by the CITY from any
Generator's sales for the preceding calendar quarter.
However, if the CITY no longer receives sales tax revenues from the Generator due to a
change in Illinois statutes, then the CITY shall make payments to the OWNER from any
alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a
replacement or substitute for sales tax revenue presently received by the CITY.
Verification of Costs. Following construction of the Reimbursable Improvements,
OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit
establishing the cost of such improvements.
Commencement Date. The terms of this Agreement shall be for Eighteen (1 S) years
commencing upon the completion of said improvement.
Sources of Funds to Pay'reimbursable Development Proiect Costs. Funds necessary to
pay for the Incentives are to be solely derived from the additional sales tax generated by the
Generators. This pledge of additional sales tax revenues hereby is approved by the CITY.
In order to comply with the tetras of this Agreement, OWNER shall require in writing all
tenants in the Property and to any subsequent purchasers of any portion of the Property to direct
the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being
remitted to the CITY for each commercial retailer on-site. In the event OWNER or a
commercial retailer fails to provide the CITY with written authority for release of said
information from the Illinois Department of Revenue the CITY shall have no duty to remit sales
tax proceeds from that commercial retailer to the OWNER.
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V41 IV(LVVO IV.JI ff5A OOV :JJO JIDY Jnn1GL J. nnnmCn
Assignabil
1) It is expressly agreed and understood by the parties to this Agreement that the
benefits contemplated in the Development/Economic Initiative Agreement and
pursuant to 65 ILCS 5/8-11-20 (2002) are assignable at the option of the
OWNER Upon such written assignment by the OWNER, Generator shall have
all rights currently vested in the OWNER under the Development Agreements,
this Ordinance and applicable lave, and shall be entitled to enforce same by any
legal or equitable remedy. If any Lot is sold by the OWNER, OWNER shall be
entitled to continue to receive payments for Reimbursable Improvements pursuant
to the Development/Economic Initiative Agreement unless specifically assigned
by the OWNER,
2) OWNER may assign a portion or all of its rights under the terms of this
Agreement to any future developers, owners, or institutions or individuals
providing financing for the improvements outlined above in this Agreement.
Reimbursement proeedures.
Sa1es Tax R orts_ OWNER agrees to cause all Generators to execute and deliver to the
CITY a written direction, in form and content acceptable to the CITY and the Illinois
Department of Revenue ("DOW'), authorizing the DOR to release to the CITY the sales tax
figures for the Generator, on a quarterly basis and during the term of this Agreement. The CITY
agrees to take the necessary action to initiate the transaction. Should the DOR cease to release
the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be
responsible for any farther action to obtain the sales tax information from the DOR or shall be
responsible for submittal of the sales tax information from the DOR or shall be responsible for
submittal of the sales tax information as provided for in the next paragraph of this Agreement.
In the event the DOR fails to submit to the CITY the quarterly sales tax information for
any Generator as provided for in Section A above, OWNER shall cause Generators to,
contemporaneous with the filing of sales tax reports with the Illinois Department of Revenue or
successor agency, fiunish to the CITY copies of any and all sales tax returns, sales tax reports,
amendments, or any other paper filed with the State of Illinois, said Department of Revenue or
other appropriate governmental entity, pertaining to the Generators, and certified as being true
and correct, which documents are being provided to the CITY for purposes of identifying sales
tax revenues collected pursuant to this Agreement.
Confidentiality. The CITY acknowledges and agrees that information to be provided by
Generators hereunder are proprietary and valuable information and that any disclosure or
unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates
and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law,
including but not limited to Section 7(1)(g)of the Illinois Freedom of Information Act, the CITY
agrees to hold in confidence all sales figures and other information provided by OWNER or
Generators or obtained from OWNER's or Generator's records in connection with this
Agreement, and in connection therewith,the CITY shall not copy any such information except as
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02/10/2006 10:37 FAX 630 553 5764 DANIEL J. KRAMER fa008/010
necessary for dissemination to the CITY's agents or employees as permitted hereinafter. The
CITY shall be permitted to disclose such information (i) to its agents or employees who are
reasonably deemed by the CITY to have a need to know such information for purposes of this
Agreement; provided, that such agents and employees shall hold in confidence such information
to the extent required of the CITY hereunder or(ii)to the extent required by order of court or by
state of federal law. The confidentiality requirements of this Agreement shall survive any
expiration,termination or cancellation of this Agreement and shall continue to bind the CITY,its
successors, assigns and legal representatives for a period of five (5) years from the termination,
expiration or cancellation of this Agreement. All Generators shall be treated as third party
beneficiaries to this Confidentiality provision.
Audit.
Each payment by the CITY to OWNER shall be accompanied by a statement executed by
the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and
identifying the sales tax return period to which the payment relates. The City Treasurer or the
Treasurer's designee shall further issue a statement setting forth all payments made to date to
OWNER. OWNER shall have one(1)year following the receipt of said payment to contest any
of the calculations or information contained in said statements. OWNER shall have the right to
review all sales tax reports provided to the CITY by the state relating to any Generator upon two
days written request by OWNER.
DefauttfRight to Care.
No party shall be deemed in default hereunder until such Party has failed to cure the
alleged default with ten(10) days in the case of a monetary default, or within thirty(30) days in
the case of a non-monetary default, from notice of such default from the other Party; provided,
however, if the nature of such non-monetary default is such that it cannot reasonably be cured
within such thirty(30) days period, then such Party shall not be deemed in default if such Party
commences to cure such default within such thirty (30) day period and thereafter diligently
prosecutes such cure to completion.
In the event of a default and except as may be otherwise provided herein to the contrary,
the non-defaulting party may. (i)terminate this Agreement upon written notice to the defaulting
party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii)
except as may be otherwise expressly provided to the contrary herein, seek specific performance
of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party;
(the parties declare it to be their intent that this Agreement may be specifically enforced); (iii)
pursue all other remedies available at law, it being the intent of the parties that remedies be
cumulative and liberally enforced so as to adequately and completely compensate the non-
defaulting party.
-7-
v4/ ivj4vvo IN.Jo rnn 00V JJJ U104 Vnn1LL J. nnnlOLn
No Obligation to Develop,Open or 01perat e.
Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or
any of Generator's affiliates to construct any improvements on the Property or to open or operate
any form of business in the property for any period of time or at all.
Additional Covenants.
Time. Time is of the essence unless otherwise stated in this Agreement and all time
limits set forth are mandatory and cannot be waived except by a lawfully authorized and
executed written waiver by the party excusing such timely performance.
Binding_Effect. This Agreement shall be construed and enforced in accordance with the
laws of the State of Illinois.
Severabilit�+. if any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the CITY does not have the power to
perform any such provision, such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
Notices. All notices and requests required pursuant to this Agreement shall be sent by
certified mail as follows:
To Owner: Castle Bank as Trustee under Trust Agreement Dated July
8,2005 and known as Trust#2373
c/o Jim Ratos
207 W.Kendall Dr.
Yorkville, IL 60560
To Owner's Attorney: Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
With copies to: Attorney John Wyeth
United City of Yorkville Offices
800 Game Farm Rd.
Yorkville,IL 60560
Authority to Execute. The signatories of the parties hereto warrant that they have been
lawfully authorized by the City Council of the CITY and the Board of Directors of
DEVELOPER,to execute this Agreement on their behalf.
Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of
this Agreement, the prevailing party in such action shall have the right to recover reasonable
attorneys' fees and costs from the other Party to be fixed by the court in the same action.
-8-
02/10/2006 10:58 FAX 630 553 5764 DANIEL J. KRAMER 16010/010
Relationship of the Parties.Nothing herein shall be deemed or construed by the Parties or
by any third party as creating the relationship of principal and agent or of partnership of or joint
venture between the Parties, it being understood and agreed that no provision herein,nor any acts
of the parties, shall be deemed to create any relationship between the parties.
Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the
various rights and remedies herein contained and reserved to each of the parties, except as herein
otherwise expressly provided, are not exclusive of any other right or remedy of such party, but
are cumulative and in addition to every other remedy now or hereafter existing at law, in equity
or by statute. No delay or omission of the right to exercise any power or remedy by either party
shall impair any such right, power or remedy or be construed as a waiver of any default or non-
performance or as acquiescence therein.
IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville,
Illinois,as of the date and year shown above.
UNITED CITY OF YORKVILLE, CASTLE BANK AS TRUSTEE UNDER TRUST
an Illinois Municipal Corporation, AGREEMENT DATED JULY 8,2005 AND
KNOWN AS TRUST#2373
By: By:
MA'Y'OR JAMES RATOS
Attest: Dated:
CITY CLERK
Law Offices of Daniel J.Kramer
1107A S. Bridge Street
Yorkville,Illinois 60560
630.553.9500
-9-
C/r o United City of Yorkville Memo
'6 800 Game Farm Road
MT.. 18M Yorkville, Illinois 60560
-< -� Telephone: 630-553-4350
0� p� Fax: 630-553-7575
'k
Date: March 22, 2006
To: Economic Development Committee
From: Lisa Pickering, Office Assistant
CC: Department Heads
Subject: Additional information for EDC packet—March 23, 2006
Attached please find additional information of the following items:
Items #5-8
Item#10—Sign Ordinance
Please add this information to your EDC packet.
o United City of Yorkville Memo
800 Game Farm Road
Mr. -1 � ;1836 Yorkville, Illinois 60560
4 Telephone: 630-553-8545
Fax: 630-553-3436
SCE
Date: March 22, 2006
To: Economic Development Committee
From: Travis Miller
Subject: Agenda Item Notes for 5-8
1 will be unable to attend the March 23, 2006 EDC meeting. I have prepared and
attached notes regarding the following cases for your information:
5. PC 2006-16 MPI South Annexation and Zoning
6. PC 2006-08 Westbury South Village PUD Amendment and Preliminary PUD
7. PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD
8. PC 2005-65 Fountain Village—Final Plat
March 23, 2006
EDC notes:
PC 2006-16 MPI South Annexation and Zoning
• Request: zoning and annexation—PUD
• 916.44 acres— 1764 units
• Residential density 2.11 units/acre (suburban and transitional combined)
i. Suburban— 1.34 units/acre (comp plan max. 2.25 units/acre)
ii. Transitional—3.55 units/acre (comp plan max. 3.5)
• Concept PUD phase—Plan Council will review 4/13/06
• Comprehensive Plan recommendations for the property include:
a. suburban neighborhood(2.25 units/acre)
b. transitional neighborhood(3.5 units/acre)
c. commercial at Caton Farm and Walker Road
d. neighborhood retail at Wheeler Road
e. Wheeler road extension to west
• Proposed plan substantially addresses and conforms to Comprehensive
Plan recommendations for the area.
• Changes from October 2005 concept:
i. School site increased from 35 acres to 59
ii. Suburban residential decreased 748 to 729 (by 19 units)
iii. Transitional residential decreased 1070 to 1035 (by 35 units 3.67
units/acre)
• Annexation Agreement should incorporate the design standards
recommended by the Comprehensive Plan.
• Plan Commission recommended annexation and zoning for this property
March 8, 2006.
PC 2006-08 Westbury South Village PUD Amendment and Preliminary PUD
• Request: Amendment to annexation agreement for changes to plan
• Underlying zoning is R-4 (9000 sqft lots for sdu)—requesting 6900 sqft lots
• 448 units
• Comprehensive Plan recommendation—Transitional Neighborhood (3.5
units/acre)
• Plan Commission did not recommend amending PUD for this property
March 8, 2006. Concern raised during Plan Commission discussion include:
• Lots under 12,000 square feet in the `single family' pod (eastern)not
backing up to openspace.
Plan Council notes:
1. Modification of the current annexation agreement is necessary in order for the
proposed PUD to receive approval.
a. The 130.2 acre property was annexed August 2005 with M-1 Light
Manufacturing Zoning Classification with a flex or floating zoning
classification for R-4 (PUD) and an agreement to rezone to R-4 General
Residence District(PUD)Zoning at the time of applying for Preliminary
Plat or PUD approval provided the following site plan related components:
i. The single family detached portion shall consist of 59 acres (46%)
and contain 181 units
ii. The townhome portion shall buffer the existing manufacturing
areas of the Yorkville Business Park and shall contain 294
townhome units and consist of 31 acres (24%)
iii. Contain 25%open space and include a 4 acre park site and
clubhouse site
b. The proposed Preliminary PUD includes:
i. 181 detached single family units in 55.26 acres (42.4%)
1. same amount of units and a decrease of 3.6%in area
designated for use
ii. 267 attached units in 29.24 acres (22.5%)
1. a decrease of 27 units and 1.5% in area designated for use
iii. 37.63 acres open space (28.9%) including a 2.3 acre park site
1. an increase of 3.9%total open space
2. a decrease of 1.7 acres of the park site
2. POD 1-S on Sheet L1 should be relabeled to `Single Family' not `Age-
Targeted' to correspond to the proper typical Minimum Lot Size diagram
PC 2006-09 Westbury East Village PUD Amendment and Preliminary PUD
• Request: Amendment to annexation agreement for changes to plan
• Plan Commission recommended amending PUD for this property March 8,
2006.
Plan Council notes:
1. The PUD plan appears to be in substantial consistency with the current annexation
agreement recorded February 18, 2005 with the following exceptions:
a. The commercial area has increased from 22.7 acres to 33.81 acres.
b. Both the single family detached and attached unit counts have decreased
(37 and 32 units respectfully)
2. Modify the Preliminary PUD Plan to include the information required by the PUD
ordinance including:
a. Provide a legal description
b. Remove the 33.81 acre commercial use from the units/acre calculation on
the site data table
c. Include in the site data the percent of lot coverage for multi-family use
3. Provide an aerial photograph illustrating the subject property and adjacent
property within 1/4 mile of the site
4. Provide the approximate dimensions of the residential lots
5. Show building setback line for the commercial area and the clubhouse parcel and
rear yard setbacks for residential lots.
2005-65 Fountain Village—Final Plat
• Request: Final Plat
• Petitioner needs to address comments from the following:
1. February 27, 2006 Community Development Review
2. March 6, 2006 Engineering Review
3. March 7, 2006 Schoppe Design Associates Review
4. March 7, 2006 Anna Kurtzman—Entry Sign Review
• Plan Commission recommended approval for this final plat March 8, 2006.
United City of Yorkville Memo E'be,
800 Game Farm Road
EST. yeas Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
<LEv ,vv
Date: March 22, 2006
To: Economic Development Committee
From: Travis Miller
Cc: Bill Dettmer, Code Official
Subject: Sign Ordinance
I have prepared the following information to assist as you evaluate and consider
modifying the current Sign Ordinance.
Attached is a survey that will allow staff to better understand your concerns regarding the
current ordinance and to identify your goals for future signs in Yorkville. Please
complete and return to me by Friday March 31St if possible. I will use these comments to
assist in drafting new ordinance language addressing your goals.
Considerations:
Sign Review Board
The Sign Ordinance originally included provisions for a Sign Review Board with
authority to review and make determination on any appeals and recommend
action to the City Council regarding variance requests. It is my understanding this
board was dissolved and this authority now rests with the Zoning Board of
Appeals. In the event the sign ordinance is modified to include additional design
standards, we may see an increase in appeals and variance requests that may
necessitate a separate review board specialized in signage design. It may be
worth considering expanding the role of the recently formulated Facade
Committee to review sign requests varying from design standards.
Comprehensive Plan
The current Comprehensive Plan includes objectives/policies stating:
• `formulate design and development standards for commercial and
office facilities to promote attractive development'
• `develop standards for visual quality which address...signage'
The Southern Study Area includes Goal 4: `Develop a set of Design Guidelines
for the City which encourage distinct, creative, quality development throughout
Yorkville'
Design Standards
Attached are some sample design standards for discussion as well as an article
published by the Smart Growth Network discussing sign control in commercial
areas.
March 23, 2006
Economic Development Committee
Sign Ordinance Survey
Completed by
List what you feel are the greatest deficiencies of the current sign ordinance:
Rate the most important design attributes to consider in the regulation
Very Important Not Important
Overall size 1 2 3 4
Height 1 2 3 4
Type of material 1 2 3 4
Color 1 2 3 4
Illumination 1 2 3 4
Other
1 2 3 4
1 2 3 4
1 2 3 4
Please return to Travis by Friday March 31 st
Control Signs
4-
Which street is more attractive? On which street are the signs easier to read?
Which street would you prefer to see in your community?
IGN CONTROL is one of the most important and unpleasant experience, not just because it is ugly but
powerful actions a community can take to make because it is fatiguing. Sign clutter overloads drivers with
an immediate visible improvement more information than is possible to man-
in its physical environment. This is witty Hilly clutter age. It requires great effort by the driver
because almost nothing will destroy the and placement of signs either to read it all or to block it all out,
distinctive character of a community or can cause information while attempting to drive safely
region faster than uncontrolled signs and overload and
billboards. This doesn't mean we don't confusion. A good sign code is pro-business, since an
need signs. We do. Signs provide us with Daniel Mandelker, attractive business district will attract
direction and needed information. As a Street Graphics&The Law more customers than an ugly one. More-
planned, architectural feature a business over, when signs are controlled,business-
sign can be colorful, decorative, even distinguished. es will do a better job of selling at less cost because when
clutter is reduced, consumers actually have an easier time
So why do American communities need to control signs? finding what they are looking for.
The answer is obvious: too
often signs are oversized, A community should con-
poorly planned, badly sider guidelines for both
located, and altogether too Yeste public and private signs.
rte.
numerous. What's more, The careful design and
sign clutter is ugly, costly, placement of traffic signs
and ineffective. And it and other public signs can
degrades one of the coun- improve community
try's greatest economic appearance and aid driv-
assets—its scenic land- ers. A profusion of signs is
scape. as confusing as a lack of
them.
Driving down a street clut-
tered with signs is often an Sign clutter is ugly, ineffective, and expensive.
BETTER MODELS FOR COMMERCIAL DEVELOPMENT 9
Lessons Learned
SK, AND YOU MAY RECEIVE. Experience shows often results in an unsightly clutter of portable signs, pole
that if you accept the standard "cookie-cutter" signs, plastic pennants, flapping flags, and twirling
design, that's what you'll get. On the other hand, streamers all shouting for attention. Experience shows
if your community insists on a customized, place-respon- that sign clutter is ugly, costly, and ineffective. Experience
sive building, then that is what you'll get. The bottom line also shows that when signs are controlled, franchises do a
for most chain stores is securing access to good trade better job of selling at less cost, because shoppers can
areas. They evaluate locations based on their economic now find what they are looking for. When it comes to sig-
potential. If they are required to address local site plan- nage, businesses want a level playing field. They can com-
ning or architectural concerns, they will usually do so. pete for attention with 100-foot-tall signs or 10-foot-tall
Hundreds of local communities have successfully worked signs. Either way, the burgers taste the same.
with national chains and franchises to get buildings that
respect local community identity. Your community can, The keys to success. National corporations and their
too. local franchises are more likely to agree to design modifi-
cations when:
A design review process is always desirable, but
even without a formal design review process, local gov- ■ Design objectives are clearly stated. The developer and
ernments can establish a process of"mandatory review architects should know in advance what criteria will be
and voluntary compliance." The mere act of talking about applied to the proposed project.
the design of a building will almost always improve it.
When coupled with design guidelines and public educa- ■ The local government offers pre-application meetings.
tion, requiring developers to discuss design issues as part Misunderstandings can be avoided if the national com-
of the site plan review process can go a long way toward pany is given a chance to meet informally with staff
producing"corporate good neighbor" buildings. and commission members prior to submitting a formal
application.
Use incentives and public opinion, too. In cases
where chain stores and franchises insist on placing corpo- ■ Visual design guidelines are available. Many communi-
rate interest over community interest, local government ties no longer rely solely on written design standards.
can use a variety of regulations and incentives to foster They have adopted visual design guides that graphical-
compatibility between franchises and communities. These ly depict what constitutes a compatible design.
include incentives, such as relaxed parking standards,
density bonuses, and tax credits, as well as regulatory ■ Local government understands that it has leverage
techniques such as limits on store size or footprint, his- whenever a building applicant requests a variance, a
toric districts, design guidelines and review, conditional rezoning, or other consideration from the city or county.
use permits, site plan review, corridor overlay zones, sign
controls, and landscape ordinances. However, with or ■ Local groups know when to compromise. Fast food
without legal tools, no community should forget the companies care a lot more about some things than oth-
power of public opinion. Many of the successes featured ers. For example, they are much more adamant about
here grew out of public calls for a site-specific design or having a drive-thru than they are about architectural
for saving a cherished building. styles or sign heights.
Control the signs. Garish, oversized signs are one of the ■ There is organized community support for historic
more objectionable aspects of franchises and chains. Left preservation or urban design standards.
unchecked, the "copy-cat" logic of corporate competition
BETTER MODELS FOR COMMERCIAL DEVELOPMENT 15
Plan
SIGN ORDINANCE Review By
Plan Review Date
JURISDICTION
(City, County,Township, Etc.)
LOCATION OF SIGN
(Street Address)
LOT NUMBER&SUBDIVISION
(Or legal Description)
ZONING DISTRICT FLOOD MAP#
PROPOSED USE
COPY OF PLAN WITH LOCATION OF SIGN
TYPE OF SIGN FREE STANDING MOUNTED ON BUILDING
POLE SIGN GROUND SIGN
NEW SIGN REPLACE EXISTING SIGN
DIMENSION OF SIGN HEIGHT OF SIGN
SIGN PERMIT APPLICATION FILLED OUT
OTHER INFORMATION
ZONING BOARD APPROVAL REQUIRED?
CORRECTION LIST
FIGURE 1003.1(1) SIGN REGULATIONS
THE
PIZZA
HOUSE
BANK
� DRIVE IN �
NIID STATE
UNIVERSITY
MONUMENT OR BLADE PYLON POLE GROUND OR LOW PROFILE
COMMON FREESTANDING SIGN TYPES
Shoe shoppe Cameras Deli Corner MusicLand Clothing
= M
WALL OR FASCIA SIGNS ON STOREFRONTS
SPORTING ALL AMERICAN
A
i
ill
ROOF SIGN '
LN
ii
PROJECTING
SIGN
CANOPY SIGN
ON FREESTANDING CANOPY
I
I �
FIGURE 1003.1(1)
GENERAL SIGN TYPES
32
SIGN REGULATIONS
FIGURE 1003.1(2)
ii
i
MAIN ROOF
SIGN-
TI ROOF SIGN
SLOPING ROOF
z ELEVATION MOUNT
V
H
FLAT ROOF
O MOUNT
Q SIGN ROOF SIGN
�+ MAIN ROOF
CANOPY MOUNT
MAIN ROOF SIGN
NOT ROOF SIGN
CANOPY
SIDE ELEVATION
z
0
r
U
MANSARD
MAIN ROOF
a SIGN
NOT ROOF SIGN
r-�
a MANSARD MOUNT
OSIDE ELEVATION
i
z PENT SAVE MOUNT
I) MAIN ROOF
H
NOT ROOF SIGN
w
-
t�°R�
i
s.
FIGURE 1003.1(3) SIGN REGULATIONS
i
SIGN STRUCTURES
SIGN STRUCTURE SIGN STRUCTURE
WITH ROUTED WITH INDIVIDUAL
AREA OF SIGN SURFACE
COPY APPLIED
GRAPHIC AND
II LETTERS.
COMPUTE SUM
OF AREA
III REVEAL ELEMENTS.
�!
h
Notes:Sum of shaded areas only represents sign area.Sign constructed with panels or cabinets.
4 ry!l
Pi!I FIGURE 1003.1(3)
SIGN AREA—COMPUTATION METHODOLOGY
j , 34
SIGN REGULATIONS FIGURE 1003.1(4)
COMPUTE AREA AROUND
COPY ELEMENTS ONLY.
COMPUTE AREA
INSIDE DEFINED ,
BORDER OR
INSIDE
CONTRASTING
COLOR AREA.
COMPUTE SUM OF
AREAS OF INDIVIDUAL
ELEMENTS ON WALL
OR STRUCTURE
IN COMPUTING AREA FOR UPPER
} AND LOWER CASE LETTERING,
INCLUDE ASCENDERS OR
DESCENDERS,BUT NOT BOTH.
Ion CALCULATE SUPER ASCENDERS
SEPARATELY AS INDICATED.
y
st °
Notes:Sum of shaded areas ?' 9pliance purposes.Signs consisting of individual letters,elements or logos placed on building walls
or structures. '`
:.35 y
Table 1. Signs Located 100 Feet or Less from a Residential Zoning District
Zoning SIGN STRUCTURAL TYPE
District In Street
Which Classification FREESTANDING WALL ROOF CANOPY AWNING TEMPORARY
Sign Is I PROJECTING WINDOW I I I I
Located Area Height PERCENTAGE(%)OF SIGN DISPLAY AREA(MAXIMUM)
(SQFT) (FEET)
AG, Local or
LDR, 25 6 20%
Collector
&
-4
MDR,
MD(R Arterial 35 15 20%
HDR
Local or
CBC Collector 30 6 30% 30% 30% 16 sQFr 15% 40% P
Arterial 50 15 30% 30% 30% 16 sQFr 15% 40% P
NC, Local or 40 10 30% 30% 30% 16 sQFr 15% 40% P
HC, Collector -
CBC Arterial 50 15 30% 30% 30% 16 sQFr 15% 40% P
Local or
Collector 40 10 40% 40% 40% 15% 40% P
L Arterial 1 50 1 15 40% 40% 40% 15% 40% P
Where,P=Permitted. Consult regulations for Temporary Signs for specific maximum area requirements.
Table 2. Signs Located More Than 100 Feet from a Residential Zoning District
Zoning SIGN STRUCTURAL TYPE
District in Street
Which Classification FREESTANDING WALL I ROOF I CANOPY I Pamc..I AWNING I WINDOW] Two.-,
Sign is Area Height
Located (SQFT) (FEET) PERCENTAGE(1/6)OF SIGN DISPLAY AREA(MAXIMUM)
Local or 35 6 50% 50% 50% 15% 40% P
Collector
NC
Arterial 50 15 50% 50% 50%, 15% 40% P
Local or 35 6 50% 50% 50% 16 sQFT 15% 40% P
CBC Collector
Arterial 50 15 50% 50% 50% 16 sQFr 15% 40% P
Local or
Collector 50 15 50% 50% 50% 15% 40% P
HC
Arterial 75 15 50% 50% 50% 15% 40% P
Local or
Collector 40 15 40% 40% 40% 15% 40% P
Arterial 50 15 40% 40% 40% 15% 40%
P
Where,P=Permitted. Consult regulations for Temporary Signs for maximum area requirements. -
STRUCTURAL TYPE
FUNCTION AL
TYPE Awning Canopy Free- Portable Projecting Roof Wall Window
standing
E '
ADVERTISING X
-
i
BUSINESS
DEVELOPMENT yZ rti -
a<a X
g er:
a
GRAND OPENING X X X X X X X
k
IDENTIFICATION X X X � & ' X X X X
MESSAGE BOARD
3 �
REAL ESTATE X X X X
Ni-
sti
TIME/
X X
TEMPERATURE
N
STATE OF ILLINOIS
COUNTY OF KENDALL
AN ORDINANCE PROVID iNG FOR ME REGULATION OF
SIGNS AND REVOEII tG ALL PRIOR SIGN ORDINANCES
IN THE uNTrED CITY OF THE
VILLAGE OF VORTrvILE
1998-�
WHEREAS THE UNITED CITY OF THE VILLAGE OF YORKVILLE IS in need of an
Ordinance regulating the use of Signage in the CITY OF YORKVILLE; and -
WHEREAS THE UNITED CITY OF THE VILLAGE OF YORKVILLE by and through its
Mayor and City Council deem it to be in the best,interest of the CITY OF YORKVILLE to enact
such an Ordinance:
NOW THEREFORE THE UNITED CITY OF THE VILLAGE OF YORKVILLE'acts as
follows:
I
That all signage from this day forward shall conform with this Ordinance in ally respects. All
heretofore existing sign regulation ordinances enacted by THE UNITED CITY OF T
VILLAGE OF YORKVILLE are hereby revoked to the extent that prior Ordinances effecting
permit fees shall remain in full force and effect.
DEF=IONS
A. BANNER Any sign of lightweight fabric or similar material that is displayed on a pole or
a building. national flags, state or municipal flags, or the official flag of any institution or
business shall not be considered banners.
B. CORNER LOT—A lot with property lines of two (2) streets bisecting on an angle.
C. FACADE—The face or wall of a building as it is presented to view; the apparent width
and/or height of a building as viewed from streets, driveways, and parking lots. Minor
changes in wall elevations do not constitute the creation of additional facades.
D. FLAG—A fabric or bunting containing distinctive colors, patterns, or symbols used as a
symbol of a government,political subdivision, or other entity.
E. MESSAGE BOARD—A panel which uses changing and/or flashing lights to electronically
communicate copy. A panel with lights flashing time and temperature only is not a
message board.
F. PENNANT—Any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope,wire, or string.
G. SIGN—Any structure, vehicle, device, or any part thereof, intended to be seen by persons
in the public right-of-way which
1. Shall be used to identify, advertise, or attract attention to any
• object
• product
• place
• activity
• person
• institution
• organization
• firm
• group"
• commodity
• profession
• enterprise
• industry
• business
2. Shall display or is intended to display or include any
• letter
• word
•. model
• number
• banner
• flag
• pennant
• insignia
• device .
• representation
used as announcement, direction, or advertisement, and which is intended to be seen
by persons in the public right-of-way.
The definition of"sign"shall not, however, be interpreted as prohibiting any structure,
vehicle, device, or any part thereof used for the purpose of disseminating political,
economic, social, or philosophical ideas entitled to constitutional protection as non-
commercial speech. In any instance where this ordinance would prohibit any such
activity, the conditions of this ordinance shall be interpreted as permitting the
utilization of a sign to express such non-commercial speech subject to such other
limitations as are included in this ordinance.
3. Sign types are defined as follows:
a) Animated Sign-Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
b) Business Sign--A sign which directs attention to a business, commodity, service
activity, idea, slogan, or entertainment conducted, sold, offered, or available upon
the premises where such sign is located or to which it is affixed.
c) Canopy—Any sign that is part of, or attached to, an awning, canopy, or the fabric,
plastic, or structural protective cover over a door, entrance, window, or outdoor
service area. A marquee is not a canopy.
d) Commercial Sign or Sign of Commercial Nature—Any sign, the content of which
advertises or publicizes any business, commodity, service, activity, idea, slogan,
or entertainment conducted, sold, offered, or available by a person, corporation,
or entity which has as its goal or effect the distribution of profits to the owners of
the advertising enterprise. '<
e) 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.
f) Ground Sign--A permanent sign which is supported by uprights or braces
securely anchored in the ground, with no more than two (2) feet,of clear space
between the bottom of the face of the sign and the grade beneath the sign face.
g) Identification Sign—A sign used to display and identify the name of the
individual, business, profession, organization, or institution occupying the
premise upon which sign is located.
h) Inflatable Sign—A sign inflated with air or helium, such as a balloon.
i) Marquee Sigrr--A sign attached to any permanent roof-like structure of rigid
materials supported by and extending from the facade of a building.
D Permanent Sign—Any sign which is not a temporary sign, and which is designed
to be in compliance-with the currently-adopted BOCA Basic Building Code.
k) Pole Sign—Any business sign having a supporting structure with a size less than
25 percent of the two (2) feet of clear-space between the bottom of the face of the
sign and the grade beneath the sign face.
1) Portable Sign—Any sign not permanently attached- to the ground or other
permanent structure, or a sign designed to be transported, including but not
limited to, signs designed to be transported by trailer or means of wheels, menu
and sandwich board signs, or balloons used as signs.
m) Projecting Sign—Any sign affixed to a•building or wall in such a manner that its
leading edge extends more than twelve inches beyond the surface of such
building or wall.
n) Residential Development Sign—A permanent ground sign placed at the major
entrances to and identifying a residential development.
o) Real Estate Sign—A temporary business sign placed upon a property advertising
that particular property for sale, rent, or lease.
p) Roof Sim—Any sign erected or constructed wholly on and over the roof of a
building and supported by the roof structure.
q) Temporary Sign---A sign intended to be displayed a Iimited length of time, as per
Section and is not permanently.mounted.
r) 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 normal business operation or for employee transportation is not a
vehicle sign.
s) Wall Sign—Any sign attached parallel to, but within twelve inches of, a wall,
painted on the wall surface of, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or
building and which only sign surface.
t) Window Sign—Any sign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, even, sale, or
service, that is placed inside a window or upon the window panes or glass and is
visible from the exterior of the window. '
H. Street Frontage—The distance for which a lot line of a zoned lot adjoins a public street,
from one lot line intersecting said street to the furthest-distant lot line intersecting the same
street.
M
PROHIBITED SIGNS
A. Billboards, i.e., those structures over 150 square feet used for attracting public attention for
the purpose of advertising a location/product that may/may not be located within or available
within the jurisdiction.
B. Advertising signs (NOTE: This prohibition relates to residential and commercial zoning
districts and commercial signs only).
C. Moving, rotating, or animated signs, except traditional barber poles not exceeding two
(2) feet in height and projecting not more than twelve (12) inches from the building, utilized
only to identify a hair cutting establishment. In authorizing the lattef exemption, the
corporate authorities find it in the public interest to retain this historic syn-rbol of American
commerce.
D. Searchlights, except searchlights permitted for grand openings or special business events
with temporary permits.
E. Flashing signs and message boards (except that time and/or temperature signs).
F. Free standing panels or flags used to advertise products, prices, and services, or to attract
attention.
G. Illumination which is not steady and constant.
H. Windows painted in excess of fifty(50)percent.
I. Roof signs.
J. Vehicle signs.
K. Pennants.
IV j
{
PERMiTTFD SIGNS
A. ALL DISTRICTS
Unless otherwise stated, signs listed in Section A are permitted in all zones and shall not require
a sign permit. Such signs shall not be counted when calculating the numfier, of signs or
signage-square-footage on a premise. However, such signs shall conform with the general
regulations, e.g., height, area, setback, clearance, etc., for signs enumerated in the remainder of
this ordinance.
1. Name and address plates which give only the name and address of the resident of the
building.
2. Memorial signs or tablets and signs denoting the date of erection of buildings.
3. No trespassing signs or other such signs regulating the use of a property.
4. Real estate signs.
5. Signs regulating on-premise traffic and parking, and signs denoting section of a
building such as lavatory facilities and public telephone areas. Signs.must conform to
the state uniform sign code.
6. Signs erected by a governmental body or under the direction of such a body, and
bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety
signs, and signs identifying public schools and playgrounds. Signs must conform to
the state uniform sign code.
7. Signs identifying places of worship when located on the premises thereof.
8. Bulletin boards for public, charitable, or religious institutions if used exclusively for
noncommercial announcements.
9. The flag, pennant, or insignia of any government, or of any religious charitable, or
fraternal organization.
10. One logo flag of a company shall be allowed provided that it is flown with the.
American flag and shall not be larger than that flag.
11. Temporary signs advertising the sale of edible farm products on the premises,
advertising auctions, political candidates, or special events of businesses or
charitable/public service groups. Such signage must be removed by close of business
of the day the temporary sign permit expires.
12. Garage sale signs may be placed at the curbs in Residential Districts. Only one sign
per street frontage per event is permitted. Such signage may only be placed on the
property upon which the sale is conducted only for the duration of the sale.
13. Window signs of paper or similar material. shall be allowed in Business Districts,
provided that.such signs are to.be used to notify the public of special sales or current
prices, business hours and/or health regulations:
14. Signs advertising company or group engaged in on-site construction or rehabilitation
may remain for the duration of such work.
15. Temporary signs advertising City-sanctioned special events as approved by.the Code
Official. Such signage must be removed by close of business of the day the temporary
sign permit expires.
B. PERMITTED SIGNS—RESIDENT7AL DISTRICTS
1. Nameplates and identification signs,subject to the following:
a) For one- and two-family dwellings, there shall be not more than one (1)
nameplate for each dwelling unit, indicating the name and address of occupant or
a permitted occupation, except that on a corner lot two (2) such nameplates for
each dwelling unit, one (1) facing each side of the street shall be permitted.
b) For multiple-family dwellings, for apartment hotels, and for buildings other than
dwellings, a single identification sign indicating only the name and address of the
building and the name of the management thereof may be displayed provided that
on a corner lot two (2) such signs, one(1)facing each street, shall be permitted.
c) Identification signs for non-residential uses, e.g., public and quasi-public
buildings,.churches, cemeteries, golf courses, private nonprofit recreational areas,
provided that such signs are limited to one sign per building. Permanent sign
permit is required.
d) Permanent residential development signs at entrances to a residential
development or residential planned unit development and containing no
commercial advertising. constructed of material which is the same or of a more
permanent nature than the material used in the buildings. A permanent sign
permit is required for each sign.
e) Temporary residential marketing signs at major entrances to planned unit
developments or residential subdivisions. Temporary sign permits and approvals
by the sign review board are required. Such signage must be removed by close of
business of the day the temporary sign permit expires. In determining the
number, location, and duration of such signs, the Code Official shall consider the
following factors:
i) Location of the development;
ii) Size of the development
iii) Visibility the sign will.achieve at the particular entrances at which signage is.
sought:
iv) Proximity of existing and proposed residences;
v) Size of the proposed signage, both w}th regard to individual signs and with
total signage requested.
2. Temporary residential'off-site marketing signs shall be allowed at not more than four .
(4) off-site locations within the City of Yorkville to call attention and give directions
to the development. Each sign may be located in any zoning district, provided that .
there is one-quarter (1/4) mile separation from each other, and that no such sign shall
be closer to an existing residence than one hundred (100) feet. A temporary sign
permit is required for each sign and such signage must be removed by close of
business of the day the temporary sign permit expires.
C. PEPJYJ=D SIGNS—BUSINESS DISTRICTS
1. All signs permitted in residential districts.
_ I
2. Ground or Pole Signs—One (i) per street frontage, not to exceed one hundred (100)
square feet in area, with a height(measured from average ground level) not to exceed
six (6) feet for a ground sign or twenty.(20) feet for a pole sign. A permanent sign
permit is required for each sign.
3. Wall signs—A permanent sign permit is required for each sign.
a) Single-use buildings--#wo (2) signs per facade, but not to exceed a total of four
(4)such signs.
b) Multi-tenant buildings--one (1) sign per individual business or enterprise, two
(2) signs per comer unit, one on each facade. A wall sign may be placed on any
face of a building oriented to a public street, the main parking lot of the parcel, or
a major access road.
' S
D. PERMITTED SIGN:i—MA.NUFACTURLNG DISTRICTS
1. All signs permitted in residential districts and business districts.
2. Ground or Pole Signs—One (1) per street frontage, not to exceed one hundred (100)
square feet in area, with a height(measured from average ground level) not to exceed
six (6) feet for a ground sign or twenty (20) feet for a pole sign. A permanent sign
permit is required for each sign.
3. Wall Signs-Wall signs are limited to an area equal to ten (10) percent of the facade
area upon which the sign is to be mounted. A permanent sign permit is required for
each sign.
4. Real estate signs as follows:
a) One (1)sign per street frontage.
• i
b) Sign area cannot exceed twenty (20) square feet per face-for each one (1) acre of
contiguous land area,not to exceed a maximum of four hundred (400) square feet
of area per sign face and ten (10) feet in height. A temporary sign permit is
required for each sign. Such signage must be removed by close of business of the
day the temporary sign permit expires.
V
NONCONFOR1yIING 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 evident a clear intent on the part of the owner to abandon a nonconforming
sign, such sign shall not, after being discontinued. or abandoned, be re-established, and the
sign hereafter shall be in conformity with the regulations of this ordinance.
C. Normal maintenance of a nonconforming sign is permitted, including necessary
nonstructural repairs or incidental alternations 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 (50)
percent or more of its 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 ordinance. In the
event the damage or destruction is less than fifty (50) percent of its replacement value based
upon prevailing costs, the sign may then be restored to its original conditions and the use
may be continued which existed at the time such partial destruction until the nonconforming
sign is otherwise abated by the provisions of this ordinance. In either event, restoration or
repair must be started within a period of thirty (30) days from the date of damage or
destruction, and 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 date of passage of this ordinance. New temporary
signs shall be allowed only in conformance with the provisions contained in this ordinance.
Such signage must be removed by close of business of the day the temporary sign permit
expires.
G. The'Code Official shall, after passage of this sign ordinance, notify each owner of a
nonconforming sign, and the manner in which such sign is not in compliance with this
ordinance. The Code Official shall further notify each owner of a nonconforming sign that
such sign must either be brought into compliance with this ordinance or be removed.
1 r IMM-TATION OF SIGNS
n of all sips shall be diffused or indirect and shall be so arranged that there will
The illumination gn ..
be no direct rays reflecting into the public way or any lot on the perimeter of the premises on '
which the signs are located. Exposed light bulbs, neon tubing, flashing, blinking, traveling, and
similar illumination, including illuminated canopies, are not permitted.
Vii
CON21TTATIONS OF SIGNAGE
A. Computation of Area of Individual Signs
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, circle, rectangle, triangle, or
combination thereof that will encompass the extr eme 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. Computation of Heights
The height of a sign shall be computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade shall be construed to be
the lower of (1) existing grade prior to construction or (2) the newly established grade after
construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose
of locating the sign. In cases in which the normal grade cannot reasonably be determined,sign
height shall be computed on the assumption that the elevation of normal grade at the base of the
sign is equal to the elevation of the nearest point of the crown of a public street or grade of the
land at the principal entrance to the principal structure on the zoned lot, whichever is lower.
C. Computation of Maximum Total Permitted Sign Area for a Zoned Lot
The permitted sum of the area of all individual signs on a zoned lot shall be the total square foot
area of all signs erected or maintained upon a building or lot of record not exceed two (2) square
feet for each linear foot of frontage of building thereon. Buildings having frontage on more than
one dedicated street will be allowed,signage for frontage on each street in.accordance with the
above formula_ The above signs are limited to an area equal to'ten percent (10%) of the facade
upon which the sign is to be mounted.
D. Signs shaII not exceed the sizes shown in Table L
Table I
?YM OF SIGN MAXEW TM S=
Advertising signs and poster panels:
Bulletin boards for public, charitable, 32 square feet
or religious institutions
Garage sale 6 square feet
Ground or pole signs 100 square feet or 6 feet in height
(Ground sign-Business District)
100 square feet or 20 feet in height.
(Pole sign-Business District)
(Ground/Pole sign-Manufacturing District)
Memorial signs or tablets and signs denoting 5 square feet
the date of erection of buildings
Name and address plates '
One- and two-family dwellings 1 1/2 square feet
Multiple-family dwellings 9 square feet
Non-residential uses 32 square feet and 6 feet in height*
*(Height applicable to ground sign.)
No trespassing signs 2 square feet(Residential Districts)
6 square feet(Commercial, Office and
Industrial Districts)
Real estate signs:
Residential real estate(individual) 6 square feet
Residential marketing(development) 64 square feet or 10 feet in Height
Temporary residential off-site marketing 32 square feet and total of 10 feet in height
Manufacturing and business marketing 64 square feet and 10 feet in height
Signs advertising company or group engaged 6 square feet
in on-site construction or rehabilitation
Signs regulating on-premises traffic and 6 square feet
parking or sections of buildings
Temporary signs/Temporary portable signs 32 square feet
Wall signs 10% of facade area(Manufacturing District)
Window signs for business hours/hdalth 4 square feet
regulations
Window signs of paper for special 50 percent of total window area
sales/current prices
V
PLACEMENT OF SIGNS
A. On Lots--Signs shall be placed no closer than five (5) feet to any lot Iine. Gasoline'prices,
one per street frontage, not to exceed twenty-four (24) square feet, may be placed within
one (1) foot of the lot line_ where it does not obstruct the view of traffic nor exceed fifteen
(15) feet in height when mounted on light standards.
B. On Corner Lots—Within that part of a yard or open area of a corner lot included within a
triangular area of twenty-five (25) feet from the point of intersection of two (2) street
right-of-way lines forming such a comer lot, no sign shall be"constructed having a height of
more than thirty(30) inches or as required to provide necessary sight distance.
PFRIYIT=G PROCEDIMES
A. PER=S FOR PERMANENT SIGNS
Permits to build new permanent signs or to alter or move existing permanent signs:
1. No permanent sign shall hereafter be erected, altered, or moved -until the person
proposing to erect, alter, or move such sign shall have obtained a permit from the Code
Official. Such permit shall be issued only when the sign complies with all of the
applicable provisions of this ordinance, or upon appeal of the Code Official's
determination, has received approval from the Sign Review Board. The fee for
granting such a permit shall be established by City Council. The schedule of fees shall
be posted in the City offices and may be amended only by the City Council.
2. Any person desiring a permit for a permanent sign shall file a permit application which
shall contain or have attached thereto the following information:
a. Name, address, and telephone number of the applicant.
b. Name(s) of the person, firm, corporation, or association erecting, altering, or
moving said sign.
c. A plat of survey, or a plan acceptable to the Code Official, that shows the location
of the building, structure, or lot to which the sign is to be attached or erected, and
showing the position of the sign in relation to nearby buildings and thoroughfares.
d. A plan drawn to scale showing the design of the sign, materials used, and the
method of construction and means of attachmentto the building of ground.
e. Written consent of the owner of the land on which the sign is to be erected,
altered, or relocated.
f. Any other information necessary for the Code Official to determine full
compliance with this and all other applicable City ordinances.
B. PERt1Z[TS FOR TEMPORARY SIGNS ,
1. All temporary signs, except those enumerated in Section IV. A., shall have a permit.
Possession of a valid permit for a temporary sign shall entitle the owner to display
such sign for the time period specified thereon. Permits for temporary signs must be
kept on the premises where signs are displayed.
2. Permit applications for a temporary sign shall be made on the permit application form
provided by the Code Official. The fees for granting such permits shall be established
by the City Council. The schedule of fees shall be posted in the City Administrative
Offices, and may be amended only by the City Council.
3. Duration of temporary signs shall not exceed the time shown .in. Table II. Any
temporary sign must be removed by close of business of the day the temporary sign
permit expires.
Table II
.vie o�Temporary Sign Maximum Duration
Advertising a special sale 14 days, 3 times per year
Banners 14 days, 6 times per year
Commercial or industrial real estate signs 6 months, renewable on a 6-month basis
Inflatable balloons 72 hours (for grand openings only)
Residential marketing signs 5 days after premise or lot advertised has been
sold, rented, or leased
Searchlights 72 hours (for grand openings only)
Special Business Events 14 days, 3 times per year .
x
SIGN REVIEW BOART�
A. Appointment—A Sign Review Board is hereby established which shall consist of five (5)
members,to be appointed by the Mayor with consent of City Council, one of whom shall be
designated by the Mayor as Chairperson.
B. Terms—The Sign Review Board Members shall be appointed for a term of four(4) years,
or until their respective successors are appointed, and qualified; except that of the initially
appointed Review Board, one (1) member shall serve for one (1) year, one (1) member for
two (2)years,two (2) members for three(3)years, and one(1)member for four(4)years.
C Qualification of Members At least two (2) members shall be businesspersons-who each
has not less than three(3)years experience as a businessperson in the City of Yorkville and
shall maintain such status; and three (3) members shall be appointed at large. Members
appointed to fill vacancies shall have the same general qualifications required for their
predecessors. .
D. Meetings Meetings of the Sign Review Board shall be held at the call of the Chairman, or
as prescribed by its rules. Three(3)members shall constitute a quorum.
E. Rules and Records—The Sign Review Board shall adopt its own rules and regulations and .
keep minutes of its meetings.
F. Authority--The Sign Review Board shall have the duty or power to:
1. Review and make a determination on any appeals to any order, requirement, decision,
or determination made by the Code Official in the enforcement of this article.
2. Review all applications for variances to this ordinance, conduct any necessary public
hearings, and recommend action to the City Council.
3. Administer oaths to persons testifying at such public hearings deemed necessary for
F.2., above.
VARIATIONS
A. Right to Appeal for Variation. Any person found in violation of this ordinance by any
decision of the Code Official may take an appeal from the decisions or apply for a variation
from the requirements of this ordinance to the Sign Review Board. Applications for
variations may also be made in the absence of a finding of violation.
B. Time for Filing Appeal or Application. The appellant or applicant must file with the Code
Official no later than thirty (30) days after receiving notice of such violation, a Notice of
Appeal or Application for Variation, directed to the Sign Review Board, specifying the
ground thereof and relief sought
C. Right to Public Hearing.The Sign Review Board shall grant to each appellant or applicant a
public hearing. 1
1. Date of Hearing—The Sign Review Board shall, within thirty (30) days after the date
of filing of the appeal or application, set a date for the hearing, and have published a
notice of said public hearing.
2. Notice of Heari ng The Sign Review Board shall give not less than fifteen (15) nor
more than thirty(30) days notice of the hearing. Such notice shall contain the address
of the property in question, the owner of the property and the nature of the application
or appeal. A copy of the notice shall be mailed to the appellant or applicant, and also
the complainant if the hearing arises from the complaint of a person other than the
Code Official.
D. Continuances. The Sign Review Board may, in its discretion, grant continuances, and shall
notify the appellant or applicant and any complaisant with respect to the appeal or -
:ipplication, or any continuance. _
E. Sign Review Board's Decision. After hearing an appeal, the Sign Review Board shall
affirm, modify, or reverse the decision of the Code Official or order him/her to act; after
hearing an application for variation, the Sign Review Board.shall grant or deny the relief
applied for or shall grant such other relief as.it deems proper. The decision will be referred"
to the City Council for final approval.
F. The Sign Review Board shall require from the applicants such sketches, drawings, or
photographs as shall be necessary to indicate the present condition of the property or sign
and the condition of the property or sign after the variation is granted. The Sign Review
Board may impose reasonable restrictions or conditions which the applicant shall be
required to observe if the variance is granted. In considering the application for variance,
the Sign Review Board shall consider any unique physical property of the land involved, the
available locations for adequate signing on the property, the effect of the proposed sign on
pedestrian and motor traffic, the cost to the applicant of complying with the sign ordinance
as opposed to the detriment, if any, to the public from the granting of the variance and
general intent of the sign ordinance.
Ka
N A=ENANCE
A. The owner of a sign and the owner of the premises on which said 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 Tust
or deterioration.
3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as
adopted by the City of Yorkville.
ABANDONED SIGNS
A. Except as otherwise provided in this Ordinance, any temporary sign installed for 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.
B. Permanent signs applicable to a business suspended 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 within thirty(30) days.
XTV
REMOVAL OF SIGNS
Any sign found to be improperly maintained, abandoned, or otherwise in violation of this
ordinance which is not removed or repaired within thirty (30) days of written notice of the Code
Official may by removed or-repaired at the order of 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.
�y
PASSED AND ENACTED THIS / DAY OF 998.
LERK
MAYOR
Law Office of -
Daniel I Kramer
1107A. S. Bridge St.
Yorkville, LL 60560 .
(630) 553-9500
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No.2005-\1S,
ORDINANCE AMENDING CITY CODE SECTION 8-11-9113
REGARDING THE LENGTH OF PERMITTED TIME TO DISPLAY
INFLATABLE BALLOONS AS SIGNS FOR GRAND OPENINGS
Whereas the United City of Yorkville has taken up, discussed and considered
amending it's ordinance regarding the duration of temporary sign permits specifically
"inflatable balloons" as signs, and
Whereas the Mayor and City Council have discussed that it may be prudent to
amend Section 8-11-9B3 by increasing the duration for the display of Inflatable Balloons
(for grand openings, only) from"72 hours"to "14 days"as depicted on the attached
Exhibit "A".
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made,
seconded and approved by a majority of those so voting,that Section 8-11-9B3 of the
City Code of the United City of Yorkville is hereby amended by increasing the length of
time for the duration for Inflatable Balloons from 72 hours to 14 days, as depicted on the
attached Exhibit"A"
WANDA OHARE JOSEPH BESCO t
VALERIE BURR � PAUL JAMES.
LARRY KOT _ MARTY MUNNS
ROSE SPEARS v RICHARD STICKA
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this aak Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of ,A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Section 8-11-9133
Duration of temporary signs shall not exceed the time shown in table II of this
section. Any temporary sign must be removed by close of business of the day the
temporary sign permit expires.
TABLE II
Type Of Temporary Sign Maximum Duration
Advertising a special sale 14 days, 3 times per year
Banners 14 days, 6 times per year
Commercial or industrial real 6 months, renewable on a 6 month basis
estate signs
Inflatable balloons 14 days (for grand openings only)
Residential marketing signs 5 days after premises or lot advertised has been
sold, rented, or leased
Searchlights 72 hours (for grand openings only)
Special business events 14 days, 3 time per year