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Ordinance 2017-02 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2017-02 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,ILLINOIS,AMENDING THE YORKVILLE ZONING ORDINANCE BY AMENDING THE DEFINITION OF AUTOMOBILE REPAIR; ADDING THE DEFINITION OF SEMI-TRUCK AND SEMI-TRUCK REPAIR AND ADDING THEM AS PERMITTED USES IN THE M-1 AND M-2 MANUFACTURING DISTRICTS; AMENDING THE DEFINITIONS OF COMMERCIAL SCHOOL AND SCHOOL; AND ADDING LEGAL NONCONFORMING AGRICULTURAL USES TO THOSE USES NOT SUBJECT TO ELIMINATION BY ABANDONMENT OR AMORTIZATION Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 24th day of January,2017 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on February 6,2017. Ordinance No. 2017- v2 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS,AMENDING THE YORKVILLE ZONING ORDINANCE BY AMENDING THE DEFINITION OF AUTOMOBILE REPAIR; ADDING THE DEFINITION OF SEMI-TRUCK AND SEMI- TRUCK REPAIR AND ADDING THEM AS PERMITTED USES IN THE M-1 AND M-2 MANUFACTURING DISTRICTS; AMENDING THE DEFINITIONS OF COMMERCIAL SCHOOL AND SCHOOL; AND ADDING LEGAL NONCONFORMING AGRICULTURAL USES TO THOSE USES NOT SUBJECT TO ELIMINATION BY ABANDONMENT OR AMORTIZATION WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the Yorkville Zoning Ordinance the City may initiate amendments to the Yorkville Zoning Ordinance; and, WHEREAS, the City filed seeking amendments to the Yorkville Zoning Ordinance to amend certain definitions, allow semi-truck repair in the City's M-1 and M-2 manufacturing districts, and allow legal nonconforming agricultural uses to not be subject to abandonment or amortization; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on January 18, 2017, to consider the request and made Findings of Fact and Recommendations to the City Council to approve the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The above recitals are incorporated and made a part of this Ordinance. Section 2: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by amending the definition of automobile repair as follows: "AUTOMOBILE REPAIR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair and painting of vehicles including incidental repairs, replacement of parts, and motor service to automobiles. Automobile Repair excludes repair to semi- trucks as defined in this Section." Ordinance No.2017-002 Page 2 Section 3: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by adding the following definitions: "SEMI-TRUCK: A tractor unit which is used to tow or move semi-trailers. A semi-truck typically has two or three axles and is built for hauling large amounts of products, goods, and heavy machinery. SEMI-TRUCK REPAIR: Engine rebuilding or major reconditioning of worn or damaged semi-trucks; collision service, including body, frame or fender straightening or repair and painting including incidentals repairs, replacement of parts and motor service to semi- trucks." Section 4: That Table 10-06-03 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code be and is hereby amended by adding as permitted uses "Semi-truck Repair" in the following zoning districts: M-1 Limited Manufacturing District, M-2 General Manufacturing District, Section 5: That Section 10-2-3, Definitions, of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by amending the definition of COMMERCIAL SCHOOL, TRADE SCHOOL and the definition of SCHOOL as follows: "COMMERCIAL SCHOOL, TRADE SCHOOL: A school established to provide for the teaching of industrial, clerical, managerial, artistic skills or alternative education. This definition applies to schools that are owned and operated privately for profit or not for profit. Such schools may not contain an auditorium, gymnasium, or any other sort of recreational facilities. SCHOOL: Elementary, high school or college, public or private, or nonprofit junior college, college or university, other than trade, commercial and business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. These schools typically contain an auditorium, gymnasium, cafeteria, or other recreational facilities." Section 6: That Section 10-15-5 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended by adding subsection F to read as follows: "F. In any district, unless otherwise limited or restricted by an annexation agreement, agricultural uses that exist upon annexation of the property and become legal nonconforming shall continue to be legal nonconforming uses and shall not be subject to elimination by abandonment or amortization." Section 7: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No.2017-Oct Page 3 Passed by the City Council of the United City of Yorkville, Kendall Cou ty, Illinois, this r, 4 day of / : . 2017. J )/11 City Clerk \„(CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI JOEL FRIEDERS CHRIS FUNKHOUSER DIANE TEELING SEAVER TARULIS `( Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 3 day of FE 61Z.U - Y , 2017. 171 /%1-2f Mayor 7 Ordinance No.2017- Od Page 4