Planning and Zoning Commission Packet 2022 05-11-22
PLANNING AND ZONING
COMMISSION AGENDA
Wednesday, May 11, 2022
7:00 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 7:00 p.m.
Roll Call:
Previous meeting minutes: April 13, 2022
Citizen’s Comments
--------------------------------------------------------------------------------------------------------------------
Public Hearings
1. PZC 2022-10 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment to Section 10-2: “Rules and Definitions” and Section 10-6: “Permitted and
Special Uses” within the United City of Yorkville Zoning Ordinance. The amendment proposes
to amend the definitions of microbrewery, brewpub, and microwinery to provide consistency
with current State statutes and the City’s liquor license regulations. Additionally, the land use
designation table and special conditions in Section 10-6 of the Yorkville Zoning Ordinance will
also be amended to reflect the proposed definitions.
Action Item
Text Amendment
Unfinished Business
New Business
1. PZC 2022-10 The United City of Yorkville, Kendall County, Illinois, petitioner, is proposing a
text amendment to Section 10-2: “Rules and Definitions” and Section 10-6: “Permitted and
Special Uses” within the United City of Yorkville Zoning Ordinance. The amendment proposes
to amend the definitions of microbrewery, brewpub, and microwinery to provide consistency
with current State statutes and the City’s liquor license regulations. Additionally, the land use
designation table and special conditions in Section 10-6 of the Yorkville Zoning Ordinance will
also be amended to reflect the proposed definitions.
Action Item
Text Amendment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
Additional Business
1. Appointment of Vice Chairperson
2. City Council Action Updates
a. PZC 2022-02 The petitioner, Dawn Leprich-Graves, on behalf of BW Property Holdings,
LLC/Bricolage Wellness, PLLC, has filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting rezoning classification of an
approximately 1.17-acre parcel located at 8721 Route 126 in Yorkville, Illinois. The
property is part of the previously approved Windmill Farms Annexation Agreement and
the petitioner is seeking to rezone the parcel from the Planned Unit Development (PUD)
zoning designation to the B-3 General Business District. The purpose of the rezoning is
to establish and operate a professional services business within the existing residential
structure.
Action Item
Rezone
b. PZC 2022-06 The petitioner, David Schultz, on behalf of Troy Mertz, is seeking Final
Plat Amendment approval to introduce a new townhome product for the remaining
thirteen (13) lots within Unit 3 of Bristol Bay. The change in product type will result in
sixty-one (61) townhome units, varying between 4, 5 and 6 units per building in Bristol
Bay Unit 3. This will result in the interior building lot lines for Lots 12, 15, 18 and 13
requiring adjustment, and the minor encroachment within the rear and side property lines
on the same lots.
Action Item
Final Plat Amendment
c. PZC 2022-07 The petitioner, David Schultz, on behalf of Troy Mertz, is seeking Final
Plat of Subdivision approval for Bristol Bay Unit 13. The petitioner is seeking Final Plat
approval to subdivide the approximately 25-acre parcel into 69 lots consisting of 68
single-family units and a 3.25-acre park site.
Action Item
Final Plat
Adjournment
DRAFT
Page 1 of 4
PLANNING & ZONING COMMISSION
City Council Chambers
800 Game Farm Road, Yorkville, Il
Wednesday, April 13, 2022 7:00pm
NOTE: In accordance with Public Act 101-0640 and Gubernatorial Disaster
Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor
under the Illinois Emergency Management Agency Act, the City of Yorkville is allowing
remote attendance at this meeting. Social distancing is being encouraged due to the
current Covid-19 pandemic.
Meeting Called to Order
Prior to starting the meeting, Chairman Olson announced that Commissioner Don
Marcum will no longer be able to serve on the Planning and Zoning Commission due to
health issues. Mr. Olson shared some brief comments about Mr. Marcum and then
thanked him for the time he dedicated to the City of Yorkville.
Chairman Jeff Olson called the meeting to order at 7:00pm, roll was called and a quorum
was established.
Roll Call
Deborah Horaz-yes/electronic attendance
Rusty Hyett-yes/electronic attendance
Greg Millen-yes/electronic attendance
Jeff Olson-yes/in-person
Danny Williams-yes/electronic attendance
Absent: Don Marcum, Richard Vinyard
City Staff
Krysti Barksdale-Noble, Community Development Director/in-person
Jason Engberg, Senior Planner/in-person
Other Guests
(All guests were by electronic attendance)
Lynn Dubajic Kellogg, City Consultant Troy Mertes, MODA Homes
Christine Vitosh, Vitosh Reporting Service Dawn Leprich-Graves, Bricolage
Dave Schultz, HR Green
Previous Meeting Minutes January 12, 2022
The minutes were approved as presented on a motion and second by Commissioners
Williams and Horaz, respectively.
Roll call: Hyett-yes, Millen-yes, Olson-yes, Williams-yes, Horaz-yes. Carried 5-0.
Citizen’s Comments None
Page 2 of 4
Public Hearing
Chairman Olson explained the process for the Public Hearing and swore in those who
would present testimony. He entertained a motion to open the Public Hearing. So moved
by Mr. Williams and seconded by Ms. Horaz. Roll call: Millen-yes, Olson-yes,
Williams-yes, Horaz-yes, Hyett-yes. Carried 5-0. The Hearing opened at approximately
7:04pm. Mr. Olson then read the Public Hearing description.
1. PZC 2022-02 The petitioner, Dawn Leprich-Graves, on behalf of BW Property
Holdings, LLC/Bricolage Wellness, PLLC, has filed an application with the
United City of Yorkville, Kendall County, Illinois, requesting rezoning
classification of an approximately 1.17-acre parcel located at 8721 Route 126 in
Yorkville, Illinois. The property is part of the previously approved Windmill
Farms Annexation Agreement and the petitioner is seeking to rezone the parcel
from the Planned Unit Development (PUD) zoning designation to the B-3 General
Business District. The purpose of the rezoning is to establish and operate a
professional services business within the existing residential structure.
Brief Summary: Ms. Leprich-Graves described her business and Ms. Noble presented
background information regarding the petition. Ms. Noble also asked that the Findings of
Fact be entered into the official record.
(See Court Reporter's Transcript for official proceedings)
Following testimony, a motion was made at 7:11pm by Mr. Williams, seconded by Ms.
Horaz to close the Hearing. Roll call: Millen-no response, Olson-yes, Williams-yes,
Horaz-yes, Hyett-yes. Carried 4-0.
Unfinished Business None
New Business
1. PZC 2022-02 Petitioner Dawn Leprich-Graves/Bricolage (see full description of
petition under Public Hearings)
There was no further discussion from the Commissioners and Ms. Noble stated that staff
was supportive of the petition.
Action Item
Rezone
A motion to approve the petition was made by Mr. Williams and seconded by Mr. Hyett.
Motion read by Mr. Williams: In consideration of testimony presented during a Public
Hearing on April 13, 2022 and approval of the findings of fact, the Planning and Zoning
Commission recommends approval to the City Council of a request for a map amendment
to rezone the property located at 8721 Route 126 from Planned Unit Development (PUD)
to B-3 General Business District. Roll call: Olson-yes, Williams-yes, Horaz-yes, Hyett-
yes, Millen-yes. Carried 5-0.
2. PZC 2022-06 The petitioner, David Schultz, on behalf of Troy Mertz, is seeking
Final Plat Amendment approval to introduce a new townhome product for the
remaining thirteen (13) lots within Unit 3 of Bristol Bay. The change in product
type will result in sixty-one (61) townhome units, varying between 4, 5 and 6
Page 3 of 4
units per building in Bristol Bay Unit 3. This will result in the interior building
lot lines for Lots 12, 15, 18 and 13 requiring adjustment, and the minor
encroachment within the rear and side property lines on the same lots.
Ms. Noble presented the background information for this petition. A Final Plat was
approved in 2005-2006 and was recorded. This document for approval is an amendment
to the Final Plat. HR Green worked with the petitioner and the new owner, Troy Mertz,
who is looking to do a slightly different type townhome. There are 13 remaining lots
with 4-6 units on each lot in Unit 3. The product change resulted in an increase to 61
units, up from 60, however, an analysis revealed no density change. Regarding building
setbacks, there are some minimal encroachments on some lots and they are being
approved by the City Administrator through a minor PUD amendment. The engineer
said the project is in compliance with the subdivision control ordinance. Staff is
supportive.
Action Item
Final Plat Amendment
Chairman Olson entertained a motion of approval. So moved by Mr. Williams and
seconded by Ms. Horaz. Ms. Horaz asked if there were conceptual plans. Ms. Noble
said the plans submitted were in general agreement with the original ones, but with a
higher level of architectural materials. Motion read by Mr. Williams: In consideration
of the proposed Final Plat of Resubdivision for Bristol Bay P.U.D. Unit 3, the Planning
and Zoning Commission recommends approval of the plat to the City Council as
presented by the Petitioner, Troy Mertz, on behalf of Bristol Bay Yorkville, LLC, in a
plan prepared by HR Green, LTD date last revised March 18, 2022.
Roll call: Williams-yes, Horaz-yes, Hyett-yes, Millen-yes, Olson-yes. Carried 5-0.
3. PZC 2022-07 The petitioner, David Schultz, on behalf of Troy Mertz, is seeking
Final Plat of Subdivision approval for Bristol Bay Unit 13. The petitioner is
seeking Final Plat approval to subdivide the approximately 25-acre parcel into 69
lots consisting of 68 single-family units and a 3.25 -acre park site.
Ms. Noble provided background information, saying this was approved in 2006, but there
was no Final Plat. Some of the underground work was done at that time, but additional
work is needed. This is a 25-acre parcel to be subdivided in 69 lots, with 68 homes and a
park. Per the Annexation Agreement, the developer must give $50,000 to the city for
land cash fees prior to recording the Final Plat. There was no further discussion.
Action Item
Final Plat
Moved by Mr. Williams and seconded by Mr. Hyett to approve the Final Plat of
Subdivision. Motion read by Mr. Williams: In consideration of the proposed Final Plat
of Subdivision for Bristol Bay P.U.D. Unit 13, the Planning and Zoning Commission
recommends approval of the plat to the City Council as presented by the Petitioner, Troy
Mertz, on behalf of Bristol Bay Yorkville, LLC, in a plan prepared by HR Green, LTD
date last revised March 15, 2022.
Roll call: Williams-yes, Horaz-yes, Hyett-yes, Millen-yes, Olson-yes. Carried 5-0.
Page 4 of 4
Additional Business
1. City Council Updates
a. PZC 2021-07 Mr. Engberg said the YBSD variances from January were
approved by City Council.
Mr. Engberg also said PZC will probably meet next month and will also nominate a Vice-
Chair.
Adjournment
There was no further business and the meeting was adjourned at 7:24pm on a motion and
second by Commissioners Williams and Horaz, respectively. Unanimous voice vote.
Respectfully submitted by
Marlys Young, Minute Taker/in-person
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
1
UNITED CITY OF YORKVILLE
YORKVILLE, ILLINOIS
PLANNING AND ZONING COMMISSION
PUBLIC HEARING
800 Game Farm Road
Yorkville, Illinois
Wednesday, April 13, 2022
7 :00 p .m .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
2
PRESENT: (In-person and via Zoom)
Mr. Jeff Olson, Chairman,
Ms. Deborah Horaz,
Mr. Greg Millen,
Mr. Danny Williams,
Mr. Rusty Hyett.
ALSO PRESENT:(In-person and via Zoom)
Ms. Krysti Barksdale-Noble, Community
Development Director;
Mr. Jason Engberg, Senior Planner;
Ms. Marlys Young, Minute Taker.
- - - - -
I N D E X
WITNESS:PAGE:
Dawn Leprich-Grave 6
- - - - -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
3
(WHEREUPON, the following
proceedings were in
public hearing:)
CHAIRMAN OLSON: There is one public
hearing scheduled for tonight's Planning and
Zoning Commission meeting.
The purpose of this hearing is to
invite testimony from members of the public
regarding the proposed request being considered
before this Commission tonight.
Public testimony from persons
present who wish to speak may be for or may be
against the request or to ask questions of the
petitioner regarding the request being heard.
Those persons wishing to testify are
asked to speak clearly, one at a time, and state
your name and who you represent, if anyone. You
are also asked to sign in at the podium, which we
still have.
If you plan to speak during
tonight's public hearing as a petitioner or as a
member of the public, please stand, raise your
right hand and repeat after me.
MS. NOBLE: That includes you, Dawn, as
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
4
well.
MS. LEPRICH-GRAVES: Thank you. Okay.
(Witness sworn.)
CHAIRMAN OLSON: All right. The order
for receiving testimony during the public hearing
will be as follows: We will have the petitioner
presentation, then we will have those who wish to
speak in favor and then those who wish to speak
in opposition, and with that being said, may I
have a motion to open the public hearing on
Petition number PZC 2022-0 2 , rezoning
classification request?
MR. WILLIAMS: So moved.
MS. HORAZ: Second.
CHAIRMAN OLSON: Roll call vote on that
motion, please.
MS. YOUNG: Yes. Millen.
(No response.)
MS. YOUNG: Millen.
MR. MILLEN: Yes.
MS. YOUNG: Olson.
CHAIRMAN OLSON: Yes.
MS. YOUNG: Williams.
MR. WILLIAMS: Yes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
5
MS. YOUNG: Horaz.
MS. HORAZ: Yes.
MS. YOUNG: And Hyett.
MR. HYETT: Yes.
MS. YOUNG: Thank you.
CHAIRMAN OLSON: All right. So the
public hearing up for discussion then is this
PZC 2022-02, Dawn -- and I 'm going to butcher
this, but I 'm going to try -- Dawn
Leprich-Graves on behalf -- I do all right once
in a while -- of the B W Property Holdings,
Bricolage -- two for two -- Wellness, P LLC, has
filed an application with the United City of
Yorkville, located at 8 7 2 1 Route 1 2 6 in
Yorkville, Illinois.
The property is part of the
previously approved Windmill Farms Annexation
Agreement, and the petitioner is seeking to
rezone the parcel from the Planned Unit
Development zoning designation to a B -3 General
Business District.
The purpose of the rezoning is to
establish and operate a professional service
business within the existing residential
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
6
structure.
Is the petitioner for PZC 2022-02,
Bricolage Wellness, present and prepared to make
a presentation of the proposed request?
MS. LEPRICH-GRAVES: Yes.
CHAIRMAN OLSON: By all means.
MS. NOBLE: So, Dawn, I typically don't
do presentations, but I know you have not done a
presentation of your request, so if you could
just tell the Commission just a little bit about
the services you provide, I can give them an
overview of the rezoning portion.
DAWN LEPRICH-GRAVES,
having been first duly sworn, testified before
the Commission as follows:
MS. LEPRICH-GRAVES: Great. Thank you.
So I have a wellness practice. We specialize in
counseling services and occupational therapy
services.
We have two locations currently in
other cities, in Chicago and Lombard, and then we
do actually have a third location currently in
Yorkville.
We are renting property and we would
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
7
like to expand and have our own property, so we
are looking to purchase the property so that we
can expand our business and continue providing
services to the community.
Some of our specialty areas include
working with new moms, pregnant, post-partum
moms, and people with eating concerns, so we
would like to continue providing those services.
CHAIRMAN OLSON: Okay. Thank you.
Krysti?
MS. NOBLE: Okay. So the zoning portion
of this has to deal with this property was part
of the overall development that was approved by
the City in 2006.
There was a proposal at the time
that was approved as part of an annexation
agreement with the PUD plan, but it was only a
concept plan, and it contained about 13 parcels
and it was called Windmill Farms.
At that time the City was doing
what's called a PUD zoning district rather than
allowing the PUD to be a special use and so it
required an underlying zoning of R -4 , which is a
multi-family residence district, and a B -3 zoning
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
8
district.
This particular property is about a
little over an acre and it had an underlying
zoning district of B -3 . Because the developer at
the time did not secure all the property, nor did
they do a final plat of the property, these
property owners are now saddled with a
development agreement that cannot move forward.
Because we could never get all of
the property owners to come together at one time
to repeal the development agreement, we have
taken the course of individually removing each of
the parcels from that annexation and PUD
agreement and then rezoning the property.
Because the PUD zoning district
doesn't exist, they had their entitlement through
this document, so by pulling it out, there was a
public hearing last night at City Council to
address the removal of this parcel from the
development agreement, and tonight this is a
request to rezone the property.
So they are seeking business zoning,
which is consistent with the underlying zoning,
but the current property is a residential
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
9
property.
The residential site, though, meets
pretty much all of the standard zoning bulk
regulations for the B -3 ; all of the adjoining
properties are either business district zoning or
they have a business land use, so it's
consistent with the trend of development in that
area.
This is similar to a project that we
did a couple years ago for Hively Farms, and the
Comprehensive Plan had envisioned this as a n
e state conservation residential district land
use, which is kind of our holding land use for
those areas that did not have utilities at the
time to develop.
This particular property would then
be reclassified in our Comprehensive Plan as
destination commercial. We feel that the use is
suitable on the site. The actual structure
itself has been improved, interior, so it is
remodeled. The parking is sufficient in the
area, and the utilities, as I mentioned, are not
extended to this particular area, they are on
well and septic, but at the time that utilities
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
10
are within 250 feet of the property, they are
required to connect to city water and sewer.
Access to this property to be used
for commercial is adequate because they have
access off of 1 26 as well as Wing Road, which
connects to Illinois Route 7 1 .
The findings of fact were addressed
by the petitioner in their packet and I would
request that those findings be entered into the
record.
CHAIRMAN OLSON: Firstly, does anyone
have any questions?
(No response.)
CHAIRMAN OLSON: Secondly, is there
anyone present who wishes to speak in favor of
the request?
(No response.)
CHAIRMAN OLSON: Is there anyone who
wishes to speak in opposition to the request?
(No response.)
CHAIRMAN OLSON: Okay. Since all public
testimony regarding this petition has been taken,
may I have a motion then, please, to close the
taking of testimony in this public hearing?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
11
MR. WILLIAMS: So moved.
MS. HORAZ: Second.
CHAIRMAN OLSON: Got a second, thank
you. Roll call vote on the motion, please.
MS. YOUNG: Millen.
(No response.)
MS. YOUNG: Millen.
(No response.)
CHAIRMAN OLSON: Greg, are you here?
(No response.)
CHAIRMAN OLSON: Greg, can you hear us?
(No response.)
CHAIRMAN OLSON: Greg, can you hear us?
(No response.)
CHAIRMAN OLSON: We'll move on.
MS. YOUNG: Olson.
CHAIRMAN OLSON: Yes.
MS. YOUNG: Williams.
MR. WILLIAMS: Yes.
MS. YOUNG: Horaz.
MS. HORAZ: Yes.
MS. YOUNG: And Hyett.
MR. HYETT: Yes.
CHAIRMAN OLSON: Okay. That passes.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
12
The public hearing portion of tonight's meeting
is closed.
(Which were all the
proceedings in the
public hearing portion
of the meeting.)
---o 0 o ---
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
13
STATE OF ILLINOIS )
) SS.
COUNTY OF LASALLE )
I, Christine M. Vitosh, a Certified Shorthand
Reporter, do hereby certify that I transcribed
the proceedings had at the pubic hearing and that
the foregoing, Pages 1 through 13 inclusive, is a
true, correct and complete computer-generated
transcript of the proceedings had at the time and
place aforesaid.
I further certify that my certificate annexed
hereto applies to the original transcript and
copies thereof, signed and certified under my
hand only. I assume no responsibility for the
accuracy of any reproduced copies not made under
my control or direction.
As certification thereof, I have hereunto set
my hand this 18th day of April, A.D., 2022.
Christine M. Vitosh, CSR
Illinois CSR No. 084-002883
0
084-002883 [1] - 13:20
1
1 [1] - 13:6
126 [2] - 5:14, 10:5
13 [3] - 1:21, 7:18,
13:6
18th [1] - 13:17
2
2006 [1] - 7:14
2022 [2] - 1:21, 13:17
2022-02 [3] - 4:11, 5:8,
6:2
250 [1] - 10:1
6
6 [1] - 2:19
7
71 [1] - 10:6
7:00 [1] - 1:22
8
800 [1] - 1:17
8721 [1] - 5:14
A
A.D [1] - 13:17
access [2] - 10:3, 10:5
accuracy [1] - 13:14
acre [1] - 8:3
actual [1] - 9:19
address [1] - 8:19
addressed [1] - 10:7
adequate [1] - 10:4
adjoining [1] - 9:4
aforesaid [1] - 13:9
ago [1] - 9:10
Agreement [1] - 5:18
agreement [5] - 7:17,
8:8, 8:11, 8:14, 8:20
allowing [1] - 7:22
ALSO [1] - 2:8
AND [1] - 1:10
Annexation [1] - 5:17
annexation [2] - 7:16,
8:13
annexed [1] - 13:10
application [1] - 5:13
applies [1] - 13:11
approved [3] - 5:17,
7:13, 7:16
April [2] - 1:21, 13:17
area [3] - 9:8, 9:22,
9:23
areas [2] - 7:5, 9:14
assume [1] - 13:13
B
B-3 [4] - 5:20, 7:24,
8:4, 9:4
Barksdale [1] - 2:9
Barksdale-Noble [1] -
2:9
behalf [1] - 5:10
bit [1] - 6:10
Bricolage [2] - 5:12,
6:3
bulk [1] - 9:3
Business [1] - 5:21
business [5] - 5:24,
7:3, 8:22, 9:5, 9:6
butcher [1] - 5:8
BW [1] - 5:11
C
cannot [1] - 8:8
certificate [1] - 13:10
certification [1] -
13:16
Certified [1] - 13:3
certified [1] - 13:12
certify [2] - 13:4,
13:10
Chairman [1] - 2:2
CHAIRMAN [18] - 3:4,
4:4, 4:15, 4:22, 5:6,
6:6, 7:9, 10:11,
10:14, 10:18, 10:21,
11:3, 11:9, 11:11,
11:13, 11:15, 11:17,
11:24
Chicago [1] - 6:21
Christine [2] - 13:3,
13:20
cities [1] - 6:21
City [4] - 5:13, 7:14,
7:20, 8:18
city [1] - 10:2
CITY [1] - 1:6
classification [1] -
4:12
clearly [1] - 3:16
close [1] - 10:23
closed [1] - 12:2
commercial [2] - 9:18,
10:4
COMMISSION [1] -
1:10
Commission [4] - 3:6,
3:10, 6:10, 6:15
community [1] - 7:4
Community [1] - 2:9
complete [1] - 13:7
Comprehensive [2] -
9:11, 9:17
computer [1] - 13:7
computer-generated
[1] - 13:7
concept [1] - 7:18
concerns [1] - 7:7
connect [1] - 10:2
connects [1] - 10:6
conservation [1] -
9:12
considered [1] - 3:9
consistent [2] - 8:23,
9:7
contained [1] - 7:18
continue [2] - 7:3, 7:8
control [1] - 13:15
copies [2] - 13:12,
13:14
correct [1] - 13:7
Council [1] - 8:18
counseling [1] - 6:18
COUNTY [1] - 13:2
couple [1] - 9:10
course [1] - 8:12
CSR [2] - 13:20, 13:20
current [1] - 8:24
D
Danny [1] - 2:5
DAWN [1] - 6:13
Dawn [5] - 2:19, 3:24,
5:8, 5:9, 6:7
deal [1] - 7:12
Deborah [1] - 2:3
designation [1] - 5:20
destination [1] - 9:18
develop [1] - 9:15
developer [1] - 8:4
Development [2] -
2:10, 5:20
development [5] -
7:13, 8:8, 8:11, 8:20,
9:7
direction [1] - 13:15
Director [1] - 2:10
discussion [1] - 5:7
district [7] - 7:21,
7:24, 8:1, 8:4, 8:15,
9:5, 9:12
District [1] - 5:21
document [1] - 8:17
done [1] - 6:8
duly [1] - 6:14
during [2] - 3:20, 4:5
E
eating [1] - 7:7
either [1] - 9:5
Engberg [1] - 2:11
entered [1] - 10:9
entitlement [1] - 8:16
envisioned [1] - 9:11
establish [1] - 5:23
estate [1] - 9:12
exist [1] - 8:16
existing [1] - 5:24
expand [2] - 7:1, 7:3
extended [1] - 9:23
F
fact [1] - 10:7
family [1] - 7:24
Farm [1] - 1:17
Farms [3] - 5:17, 7:19,
9:10
favor [2] - 4:8, 10:15
feet [1] - 10:1
filed [1] - 5:13
final [1] - 8:6
findings [2] - 10:7,
10:9
first [1] - 6:14
firstly [1] - 10:11
following [1] - 3:1
follows [2] - 4:6, 6:15
foregoing [1] - 13:6
forward [1] - 8:8
G
Game [1] - 1:17
General [1] - 5:20
generated [1] - 13:7
Grave [1] - 2:19
GRAVES [4] - 4:2, 6:5,
6:13, 6:16
Graves [1] - 5:10
great [1] - 6:16
Greg [4] - 2:4, 11:9,
11:11, 11:13
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
1
H
hand [3] - 3:23, 13:13,
13:17
hear [2] - 11:11, 11:13
heard [1] - 3:14
HEARING [1] - 1:11
hearing [12] - 3:3, 3:5,
3:7, 3:21, 4:5, 4:10,
5:7, 8:18, 10:24,
12:1, 12:5, 13:5
hereby [1] - 13:4
hereto [1] - 13:11
hereunto [1] - 13:16
Hively [1] - 9:10
holding [1] - 9:13
Holdings [1] - 5:11
Horaz [3] - 2:3, 5:1,
11:20
HORAZ [4] - 4:14, 5:2,
11:2, 11:21
Hyett [3] - 2:6, 5:3,
11:22
HYETT [2] - 5:4, 11:23
I
ILLINOIS [2] - 1:7,
13:1
Illinois [4] - 1:18, 5:15,
10:6, 13:20
improved [1] - 9:20
in-person [1] - 2:1
In-person [1] - 2:8
include [1] - 7:5
includes [1] - 3:24
inclusive [1] - 13:6
individually [1] - 8:12
interior [1] - 9:20
invite [1] - 3:8
itself [1] - 9:20
J
Jason [1] - 2:11
Jeff [1] - 2:2
K
kind [1] - 9:13
Krysti [2] - 2:9, 7:10
L
land [3] - 9:6, 9:12,
9:13
LASALLE [1] - 13:2
last [1] - 8:18
LEPRICH [4] - 4:2,
6:5, 6:13, 6:16
Leprich [2] - 2:19,
5:10
Leprich-Grave [1] -
2:19
Leprich-Graves [1] -
5:10
LEPRICH-GRAVES
[4] - 4:2, 6:5, 6:13,
6:16
located [1] - 5:14
location [1] - 6:22
locations [1] - 6:20
Lombard [1] - 6:21
looking [1] - 7:2
M
Marlys [1] - 2:12
means [1] - 6:6
meeting [3] - 3:6,
12:1, 12:6
meets [1] - 9:2
member [1] - 3:22
members [1] - 3:8
mentioned [1] - 9:22
Millen [4] - 2:4, 4:19,
11:5, 11:7
millen [1] - 4:17
MILLEN [1] - 4:20
Minute [1] - 2:12
moms [2] - 7:6, 7:7
motion [4] - 4:10,
4:16, 10:23, 11:4
move [2] - 8:8, 11:15
moved [2] - 4:13, 11:1
MR [7] - 4:13, 4:20,
4:24, 5:4, 11:1,
11:19, 11:23
MS [23] - 3:24, 4:2,
4:14, 4:17, 4:19,
4:21, 4:23, 5:1, 5:2,
5:3, 5:5, 6:5, 6:7,
6:16, 7:11, 11:2,
11:5, 11:7, 11:16,
11:18, 11:20, 11:21,
11:22
multi [1] - 7:24
multi-family [1] - 7:24
N
name [1] - 3:17
never [1] - 8:9
new [1] - 7:6
night [1] - 8:18
Noble [1] - 2:9
NOBLE [3] - 3:24, 6:7,
7:11
number [1] - 4:11
O
occupational [1] -
6:18
OF [3] - 1:6, 13:1, 13:2
OLSON [18] - 3:4, 4:4,
4:15, 4:22, 5:6, 6:6,
7:9, 10:11, 10:14,
10:18, 10:21, 11:3,
11:9, 11:11, 11:13,
11:15, 11:17, 11:24
Olson [3] - 2:2, 4:21,
11:16
once [1] - 5:10
one [3] - 3:4, 3:16,
8:10
open [1] - 4:10
operate [1] - 5:23
opposition [2] - 4:9,
10:19
order [1] - 4:4
original [1] - 13:11
overall [1] - 7:13
overview [1] - 6:12
own [1] - 7:1
owners [2] - 8:7, 8:10
P
p.m [1] - 1:22
packet [1] - 10:8
pAGE [1] - 2:18
Pages [1] - 13:6
parcel [2] - 5:19, 8:19
parcels [2] - 7:18,
8:13
parking [1] - 9:21
part [3] - 5:16, 7:12,
7:16
particular [3] - 8:2,
9:16, 9:23
partum [1] - 7:6
passes [1] - 11:24
people [1] - 7:7
person [2] - 2:1, 2:8
persons [2] - 3:11,
3:15
petition [1] - 10:22
Petition [1] - 4:11
petitioner [6] - 3:14,
3:21, 4:6, 5:18, 6:2,
10:8
place [1] - 13:9
Plan [2] - 9:11, 9:17
plan [3] - 3:20, 7:17,
7:18
Planned [1] - 5:19
Planner [1] - 2:11
Planning [1] - 3:5
PLANNING [1] - 1:10
plat [1] - 8:6
PLLC [1] - 5:12
podium [1] - 3:18
portion [4] - 6:12,
7:11, 12:1, 12:5
post [1] - 7:6
post-partum [1] - 7:6
practice [1] - 6:17
pregnant [1] - 7:6
prepared [1] - 6:3
present [3] - 3:12, 6:3,
10:15
PRESENT [2] - 2:1,
2:8
presentation [3] - 4:7,
6:4, 6:9
presentations [1] -
6:8
pretty [1] - 9:3
previously [1] - 5:17
proceedings [4] - 3:2,
12:4, 13:5, 13:8
professional [1] - 5:23
project [1] - 9:9
properties [1] - 9:5
Property [1] - 5:11
property [17] - 5:16,
6:24, 7:1, 7:2, 7:12,
8:2, 8:5, 8:6, 8:7,
8:10, 8:14, 8:21,
8:24, 9:1, 9:16, 10:1,
10:3
proposal [1] - 7:15
proposed [2] - 3:9, 6:4
provide [1] - 6:11
providing [2] - 7:3, 7:8
pubic [1] - 13:5
PUBLIC [1] - 1:11
public [14] - 3:3, 3:4,
3:8, 3:11, 3:21, 3:22,
4:5, 4:10, 5:7, 8:18,
10:21, 10:24, 12:1,
12:5
PUD [5] - 7:17, 7:21,
7:22, 8:13, 8:15
pulling [1] - 8:17
purchase [1] - 7:2
purpose [2] - 3:7, 5:22
PZC [3] - 4:11, 5:8, 6:2
Q
questions [2] - 3:13,
10:12
R
R-4 [1] - 7:23
raise [1] - 3:22
rather [1] - 7:21
receiving [1] - 4:5
reclassified [1] - 9:17
record [1] - 10:10
regarding [3] - 3:9,
3:14, 10:22
regulations [1] - 9:4
remodeled [1] - 9:21
removal [1] - 8:19
removing [1] - 8:12
renting [1] - 6:24
repeal [1] - 8:11
repeat [1] - 3:23
Reporter [1] - 13:4
represent [1] - 3:17
reproduced [1] -
13:14
request [10] - 3:9,
3:13, 3:14, 4:12, 6:4,
6:9, 8:21, 10:9,
10:16, 10:19
required [2] - 7:23,
10:2
residence [1] - 7:24
residential [4] - 5:24,
8:24, 9:2, 9:12
response [9] - 4:18,
10:13, 10:17, 10:20,
11:6, 11:8, 11:10,
11:12, 11:14
responsibility [1] -
13:13
rezone [2] - 5:19, 8:21
rezoning [4] - 4:11,
5:22, 6:12, 8:14
Road [2] - 1:17, 10:5
roll [2] - 4:15, 11:4
Route [2] - 5:14, 10:6
Rusty [1] - 2:6
S
saddled [1] - 8:7
scheduled [1] - 3:5
second [3] - 4:14,
11:2, 11:3
secondly [1] - 10:14
secure [1] - 8:5
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
2
seeking [2] - 5:18,
8:22
Senior [1] - 2:11
septic [1] - 9:24
service [1] - 5:23
services [5] - 6:11,
6:18, 6:19, 7:4, 7:8
set [1] - 13:16
sewer [1] - 10:2
Shorthand [1] - 13:3
sign [1] - 3:18
signed [1] - 13:12
similar [1] - 9:9
site [2] - 9:2, 9:19
special [1] - 7:22
specialize [1] - 6:17
specialty [1] - 7:5
SS [1] - 13:1
stand [1] - 3:22
standard [1] - 9:3
STATE [1] - 13:1
state [1] - 3:16
still [1] - 3:19
structure [2] - 6:1,
9:19
sufficient [1] - 9:21
suitable [1] - 9:19
sworn [2] - 4:3, 6:14
T
Taker [1] - 2:12
testified [1] - 6:14
testify [1] - 3:15
testimony [5] - 3:8,
3:11, 4:5, 10:22,
10:24
therapy [1] - 6:18
thereof [2] - 13:12,
13:16
third [1] - 6:22
together [1] - 8:10
tonight [2] - 3:10, 8:20
tonight's [3] - 3:5,
3:21, 12:1
transcribed [1] - 13:4
transcript [2] - 13:8,
13:11
trend [1] - 9:7
true [1] - 13:7
try [1] - 5:9
two [3] - 5:12, 6:20
typically [1] - 6:7
U
under [2] - 13:12,
13:14
underlying [3] - 7:23,
8:3, 8:23
Unit [1] - 5:19
UNITED [1] - 1:6
United [1] - 5:13
up [1] - 5:7
utilities [3] - 9:14,
9:22, 9:24
V
via [2] - 2:1, 2:8
Vitosh [2] - 13:3,
13:20
vote [2] - 4:15, 11:4
W
water [1] - 10:2
Wednesday [1] - 1:21
wellness [1] - 6:17
Wellness [2] - 5:12,
6:3
WHEREUPON [1] -
3:1
WILLIAMS [4] - 4:13,
4:24, 11:1, 11:19
Williams [3] - 2:5,
4:23, 11:18
Windmill [2] - 5:17,
7:19
Wing [1] - 10:5
wish [3] - 3:12, 4:7,
4:8
wishes [2] - 10:15,
10:19
wishing [1] - 3:15
witness [2] - 2:18, 4:3
Y
years [1] - 9:10
YORKVILLE [2] - 1:6,
1:7
Yorkville [4] - 1:18,
5:14, 5:15, 6:23
YOUNG [13] - 4:17,
4:19, 4:21, 4:23, 5:1,
5:3, 5:5, 11:5, 11:7,
11:16, 11:18, 11:20,
11:22
Young [1] - 2:12
Z
zoning [11] - 5:20,
7:11, 7:21, 7:23,
Vitosh Reporting Service
815.993.2832 cms.vitosh@gmail.com
PZC - Public Hearing - April 13, 2022
3
7:24, 8:4, 8:15, 8:22,
8:23, 9:3, 9:5
ZONING [1] - 1:10
Zoning [1] - 3:6
Zoom [2] - 2:1, 2:8
Summary
The City has recently received interest from a business owner to open a microwinery within an existing
building in the downtown. In April, the City amended Title 3 of the municipal code regarding liquor license
classes to add microwinery/winery to the existing brewpub/microbrewery class to help accommodate the
new business. In addition, the maximum allowable amount of wine which may be produced within a year
was set to 50,000 gallons which coincides with the current state statute.
The City’s zoning ordinance defines the uses of microbrewery/brewpub and microwinery separately and
regulates which districts each may be located. Staff is recommending a text amendment to Chapter 2 and
Chapter 6 of the code. The proposed changes will assist in clarifying each use and will better align the
zoning ordinance with the liquor license code. Additionally, these amendments will ensure that the zoning
regulations will match the state statute regarding production of alcohol for these land uses.
Liquor License Background
Yorkville was approached by the owner of Fox Den Meadery to open a microwinery in downtown
Yorkville. As the City’s Clerks Office staff worked with the petitioner on determining the potential required
liquor license, they realized there was not a class category for “microwinery” or “winery” defined within
the Liquor Control regulations of the City Code. However, the City does have an existing class for
microbrewery/brewpub, but it only addresses the brewing of beer. To streamline the classes, the Clerk’s
Office proposed an amendment to the liquor license regulations to add microwinery and winery to this
existing class. As part of that amendment, the requirement to be ancillary to a restaurant was removed, and
the maximum amount of wine allowed to be produced in a year was established at 50,000 gallons per year.
The City chose the latter regulation to mirror the current state statute 1 for the maximum amount of alcohol
to be produced. The entire adopted regulation can be seen below:
3-3-4(A)(4) Classes of Licenses:
M - Microbrewery/brewpub/micro-winery/winery. A microbrewery/brewpub/micro-
winery/winery license authorizes the manufacture, only at the designated licensed premises, less
than one hundred fifty-five thousand (155,000) gallons of beer or fifty thousand (50,000) gallons
of wine per year for sale on the premises for either on-premises or off-premises consumption. Sales
may also be made to importing distributors, distributors, and to non-licensees for use and
consumption. Microbrewery/brewpub/micro-winery/winery is also authorized to:
a) furnish samples of the manufactured/produced wine or beer for consumption on the
premises,
b) sell the manufactured/produced wine or beer by the glass for consumption on the
premises,
1 235 ILCS 5/ Liquor Control Act of 1934 – Article V
Memorandum
To: Planning and Zoning Commission
From: Jason Engberg, Senior Planner
CC: Bart Olson, City Administrator
Krysti J. Barksdale-Noble, Community Development Director
Date: May 4, 2022
Subject: PZC 2022-10 Microbrewery/Brewpub/Microwinery
(Text Amendment)
c) sell the manufactured/produced wine or beer in the original corked, capped or sealed
and labeled container for consumption on or off the premises, and
d) permit a patron to remove one unsealed and partially consumed bottle of wine for off-
premises consumption. A partially consumed bottle of wine that is to be removed from
the premises shall be securely sealed by the licensee or an agent of the licensee prior
to removal from the premises and placed in a transparent onetime use tamperproof bag.
The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine
to the patron.
Zoning Ordinance Background
With regards to these types of alcoholic manufacturing and tasting uses, the Yorkville Zoning Ordinance
regulates their definitions in Chapter 2 and their permitted locations and special conditions for each in
Chapter 6. The Yorkville Zoning Ordinance currently has separate definitions for “Microbrewery or
brewpub”, “Microdistillery”, Microwinery”. These definitions are stated below:
Microbrewery or brewpub: A restaurant-brewery that brews beer primarily for sale in the
restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production
capacity shall not exceed one hundred fifty-five thousand (155,000) gallons per calendar year. One
(1) U.S. barrel is equivalent to thirty-one (31) gallons.
Microdistillery: A small scale artisan manufacturing business that blends, ferments, processes,
packages, distributes and serves alcoholic spirits on and off the premises and produces no more
than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility
may include an ancillary tasting room and retail component in which guests/customers may
sample and purchase the product. Off-site distribution of the alcoholic beverages shall be
consistent with state law.
Microwinery: Combination retail, wholesale and small scale artisan manufacturing business that
blends, ferments, processes, packages, distributes and serves wine for sale on or off-site, and
produces no more than one hundred thousand (100,000) gallons per year. The microwinery facility
may include an ancillary tasting room and retail component in which guests/customers may sample
and purchase the product. Off-site distribution of the vinous beverages shall be consistent with state
law.
All of these uses are permitted in the following districts shown below (extracted from Table 10.06.03):
Table 10.06.03 – Business Uses - Excerpt
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Microbrewery/brewpub,
microdistillery and microwinery2 - - - - - - - - - - P P P P P P
Section 10-6-1 applies each of these special conditions to the uses in the table:
G. Microbrewery/brewpubs:
1. Microbreweries/brewpubs, where if off-premises consumption is allowed, all sales must be
in a hand capped, sealed container with a total maximum production of one hundred fifty-
five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises
sales.
2. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment,
and the brewing component of the facility shall be no more than twenty-five percent (25%)
of the total floor area.
H. Microdistilleries and microwineries:
1. Outdoor storage of equipment, production waste or product for microdistilleries and
microwineries is strictly prohibited when located in a business district. However, outdoor
storage of spent grains or grapes may be permitted to be stored outdoors in appropriate silos
or containers in the manufacturing districts, provided the storage is screened from public
view. Screening may be with fencing, landscaping or a combination of both.
2. All microdistilleries and microwineries are subject to chapter 13, article C, "Performance
Standards", of this title with regards to foul odors, fire and explosive hazards and smoke.
3. All microdistilleries and microwineries located in business districts must have off-street or
rear accessible loading and unloading facilities.
4. Microdistilleries or microwineries located in business districts must include an ancillary
tasting room with a minimum of one hundred fifty (150) square feet. Retail sales of the
product from a microdistillery or microwinery are permitted on-site and shall be consistent
with state and City laws.
Proposed Text Amendment
Community Development staff is proposing a text amendment to both Chapter 2 and Chapter 6 of the
Zoning Ordinance to align the zoning ordinance regulations to current state statute and the City’s updated
liquor license regulations. Staff is proposing the following changes to the definitions for each land use
(redline version of Chapters attached):
Brewpub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and
is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed
one hundred fifty-five thousand (155,000) gallons per calendar year.
Microbrewery/Microwinery: A combination retail, wholesale, and/or small-scale artisan
manufacturing business that brews, ferments, processes, packages, distributes, and serves either
beer or wine for sale on or off-site. A microbrewery shall produce no more than one hundred fifty-
five thousand (155,000) gallons of beer per year and a microwinery shall produce no more than
fifty thousand (50,000) gallons of wine per year for sale on the premises for either on-premises or
off-premises consumption. These facilities may include an ancillary tasting room and retail
component in which guests/customers may sample and purchase the product. Off-site distribution
of the beverages shall be consistent with state law.
Microdistillery: A small scale artisan manufacturing business that blends, ferments, processes,
packages, distributes and serves alcoholic spirits on and off the premises and produces no more
than fifteen thousand (15,000) gallons per calendar year on-site. The microdistillery facility may
include an ancillary tasting room and retail component in which guests/customers may sample
and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent with
state law.
The above amendments create a separate definition for a brewpub while combing the
microbrewery/microwinery definitions. The microdistillery definition has remained unchanged. This is
being proposed to align the zoning ordinance land uses with the new amendments within the liquor license
code. Since the amended liquor code removed the requirement for microbreweries and microwineries to be
part of a restaurant use, the zoning code definitions now reflect that change. However, a brewpub is the
only use which still requires a restaurant component to the business. This was done since the business model
of a brewpub is to provide food and beverage service, including onsite produced beer. Additionally, the
total maximum amount of wine produced in a year for a “microwinery” has been reduced to 50,000 gallons
to meet the previously mentioned state statute.
Chapter 6 of the Zoning Ordinance is being amended to reflect the changes made to each definition. Staff
is proposing to change the existing 10.06.03 Business Uses Table to the following:
Table 10.06.03 – Business Uses – Proposed Amendment
A-1 OS-1 OS-2 E-1 R-1 R-2 R-2D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2 Brewpub2 - - - - - - - - - - P P P P P P
Microbrewery/microwinery and
microdistillery2 - - - - - - - - - - P P P P P P
Microdistillery2 - - - - - - - - - - P P P P P P
Now, each of the defined uses has its own line on the land use table. This helps align the zoning ordinance
with the liquor code, as well as provide flexibility if one of these uses is amended in the future.
Finally, to correspond with the new definitions and land use table, the following special conditions have
been reformatted in Section 10-6-1 of the code:
G. Brewpub: Brewpub operations will be ancillary to a restaurant or eating establishment, and the
brewing component of the facility shall be no more than twenty-five percent (25%) of the total
floor area. If off-premises consumption is allowed, all sales must be in a sealed container with a
total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar
year inclusive of on-premises and off-premises sales.
H. Microbreweries/microwineries and microdistilleries:
1. Microbreweries where if off-premises consumption is allowed, all sales must be in a sealed
container with a total maximum production of one hundred fifty-five thousand (155,000)
gallons per calendar year inclusive of on-premises and off-premises sales.
2. Outdoor storage of equipment, production waste or product for microdistilleries and
microwineries is strictly prohibited when located in a business district. However, outdoor
storage of spent grains or grapes may be permitted to be stored outdoors in appropriate silos
or containers in the manufacturing districts, provided the storage is screened from public
view. Screening may be with fencing, landscaping or a combination of both.
3. All microdistilleries and microwineries are subject to chapter 13, article C, "Performance
Standards", of this title with regards to foul odors, fire and explosive hazards and smoke.
4. All microdistilleries and microwineries located in business districts must have off-street or
rear accessible loading and unloading facilities.
5. Microdistilleries or microwineries located in business districts must include an ancillary
tasting room with a minimum of one hundred fifty (150) square feet. Retail sales of the
product from a microdistillery or microwinery are permitted on-site and shall be consistent
with state and City laws.
Economic Development Committee:
This agenda item was reviewed and discussed at the May 3, 2022 Economic Development Meeting. At that
meeting it was suggested that the term “hand capped” was confusing and not well defined within the
existing Section 10-6-1 for Microbrewery/Brewpub. The language has been amended as follows:
“If off-premises consumption is allowed, all sales must be in a hand capped, sealed container with
a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year
inclusive of on-premises and off-premises sales.”
This language is more succinct and still requires of premises sales of alcohol to be sealed in any fashion.
Staff Recommendation
The original definitions and permitted district regulations for a microbrewery and brewpub were established
in 2010. In 2015, the City approved a text amendment to add microwinery and microdistillery to its
definitions and land uses as well as update special regulations for each. At that time, the City chose to keep
microbreweries and brewpubs as a single land use which required each to be part of a restaurant use. As
evident of the recent change to the liquor license code, staff is recommending the removal of this
requirement from microbrewery uses. Brewpub uses will still require a restaurant use to be part of the
business.
Proposed Motion for Amendment:
In consideration of testimony presented during a Public Hearing on May 11, 2022 and discussions
conducted at that meeting, the Planning and Zoning Commission recommends approval to the City
Council a request for a text amendment to Section 10-2-3: Definitions and Section 10-6: Permitted and
Special Uses of the United City of Yorkville Zoning Ordinance to amend the definitions of Microbrewery,
Brewpub, and Microwinery as well as their placement and special conditions on the permitted and special
uses table, as recommended in a staff memo dated May 4, 2022, and further subject to {insert any
additional conditions of the Planning and Zoning Commission}…
Attachments
1. Public Hearing Notice
2. Section 10-2-3 Definitions (redline)
3. Section 10-6-0 Uses Tables (redline)
4. Section 10-6-1 Special Conditions (redline)
PUBLIC NOTICE OF A HEARING BEFORE
THE UNITED CITY OF YORKVILLE
PLANNING AND ZONING COMMISION
PZC 2022-10
NOTICE IS HEREWITH GIVEN THAT the United City of Yorkville, Kendall County, Illinois, petitioner,
is proposing a text amendment to Section 10-2: “Rules and Definitions” and Section 10-6: “Permitted and
Special Uses” within the United City of Yorkville Zoning Ordinance. The amendment proposes to amend
the definitions of microbrewery, brewpub, and microwinery to provide consistency with current State
statutes and the City’s liquor license regulations. Additionally, the land use designation table and special
conditions in Section 10-6 of the Yorkville Zoning Ordinance will also be amended to reflect the proposed
definitions.
NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of
Yorkville will conduct a public hearing at a meeting on said amendments on Wednesday, May 11, 2022
at 7:00 p.m. at the Yorkville City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560.
The public hearing may be continued from time to time to dates certain without further notice being
published.
All interested parties are invited to attend the public hearing and will be given an opportunity to be heard.
Any written comments should be addressed to the United City of Yorkville Community Development
Department, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the
public hearing.
By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois.
Jori Behland
City Clerk
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 1 of 37
10-2-3: Definitions:
The following words and terms, wherever they occur in this title, shall be interpreted as herein defined:
Abutting: To have a common property line or zoning district.
Accessory building or use: One which:
A. Is subordinate to and serves a principal building or principal use.
B. Is subordinate in area, extent or purpose to the principal building or principal use served.
C. Contributes to the comfort, convenience or necessity of occupants of the principal buil ding or principal
use served.
D. Is located on the same lot and in the same zoning district as the principal use.
Acre: A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.
Acreage: Any tract or parcel of land having an area of one (1) acre or more which has not been subdivided or
platted.
Agricultural sales and service: A use primarily engaged in sale or rental of farm tools and implements, feed,
grain, tack, animal care products, and farm supplies and farm machinery repair services that are accessory to the
principal use.
Agricultural use: The employment of land for the primary purpose of raising, harvesting, and selling crops, or
feeding (including grazing), breeding, managing, selling, or producing livestock, po ultry, furbearing animals or
honeybees, or by dairying and the sale of dairy products, by any other horticultural, floricultural or viticulture use,
by animal husbandry, or by any combination thereof. It also includes the current employment of land for the
primary purpose of obtaining a profit by stabling or training equines including, but not limited to, providing riding
lessons, training clinics and schooling shows.
Airport: Any area of land designated, set aside, used, or intended for use, for the landi ng and takeoff of
aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities, including approach
zones.
Alcoholic beverage: Any beverage that is the product of distillation of fermented liquids, whether rectified or
diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured
alcohol or wood alcohol.
Alley: A public way, not more than thirty feet (30') wide, which affords only a secondary means of access to
abutting property.
Amphitheater: A commercial structure with tiers of spectator seating rising around a field or court, intended
primarily for use of viewing musical, theatrical, sporting or other similar entertainment events and specifically
designed as a place of assembly.
Amusement park: A commercially operated facility which may include structures and buildings, with a
predominance of outdoor games and activities for entertainment, including motorized rides, water slides,
miniature golf, batting cages and similar activities.
Animal hospital: Any building, or portion thereof, designed or used for the care, observation or treatment of
domestic animals.
Antique sales: A building or areas within a building to provide space for the sale of antiques by antique
dealers, for items such as clocks, lamps, clothing, rugs, toys, furniture, and similar household goods.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 2 of 37
Auction house: A structure, area, or areas within a building used for the public sale of goods, wares,
merchandise, or equipment to the highest bidder.
Automobile rental: Leasing or renting of automobiles, motorcycles and light trucks and vans, including
incidental parking and servicing of vehicles for rent or lease. This definition excludes commercial truck and trailer
rental.
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 a utomobiles. Automobile repair excludes repair to
semi-trucks as defined in this section.
Bakery, retail: An establishment primarily engaged in the retail sale of baked products. The products may be
prepared either on- or off-site.
Bakery, wholesale: A bakery in which there is permitted the production and/or wholesaling of baked goods,
excluding retail bakery.
Bank: A building for the custody, loan, or exchange of money, for the extension of credit and for facilitating
the transmission of funds. This definition includes credit unions, savings and loan facilities, payday loans, personal
loan agencies.
Basement: That portion of a building that is partly or completely below grade.
Bed and breakfast inn (B&B): A private, owner/operator occupied residence with guestrooms, providing
overnight accommodations and a morning meal for compensation to transients/travelers. A bed and breakfast inn
is operated primarily as a business.
Billiard parlor: A business establishment for a principal use as a billiard facility .
Block: A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad
rights-of-way, bulkhead lines or shorelines of waterways or corporate boundary lines of municipalities.
Boat sales and rental: A marine retail sales and service use in which boats are rented or sold.
Boat storage: A facility where boats are stored including indoor and outdoor. Outdoor facilities shall be
enclosed by an opaque fence or wall a minimum six feet (6') in height.
Bowling alley: A business establishment with a principal use for the sport of tenpin bowling which may
include incidental food services.
Brewery: An establishment that engages in the manufacture of beer as such terms are defined in the Liquor
Control Act of 1934, as amended, and has obtained a liquor license from the City.
Brewpub: A restaurant-brewery that brews beer primarily for sale in the restaurant and/or bar and is
dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed one hundred fifty-
five thousand (155,000) gallons per calendar year.See definition of Microbrewery or brewpub.
Buffer: A strip of land, including landscaping, berms, walls, and fences, that is located between land uses of
different character and is intended to physically and visually separate one use area from another.
Buildable area: The space remaining on a building lot after the minimum yard requirements of this title have
been complied with.
Building: Any structure with substantial walls and roof securely affixed to the land and entirely separated on
all sides from any other structure by space or by walls in which there are not communicating doors, windows or
openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or
chattels.
Formatted: Highlight
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 3 of 37
Building, completely enclosed: A building separated on all sides from the adjacent open space, or from other
buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows
and normal entrance or exit doors.
Building, detached: A building surrounded by open space on the same zoning lot.
Building height: The vertical distance measured from the sidewalk level or its equivalent established grade
opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the
deck line of a mansard roof; and to the mean height level between eaves and the ridge of a gable, hip or gambrel
roof; provided, that where buildings are set back from the street line, the height of the building may be measured
from the average elevation of the finished lot grade at the front of the building. (See section 10 -2-4 of this chapter
for diagram.)
Building Inspector: The designated City official responsible for inspecting buildings within the City.
Building line: A line or lines, including the building setback line, on the horizontal surface of a lot, parallel to
the front, side and rear lot lines, and located at a distance prescribed by the yard regulations of this title beyond
which no portion of a building may extend except as provided by this title. (See section 10 -2-4 of this chapter for
diagram.)
Building, material sales: Establishments or places of business primarily engaged in retail or wholesale sale,
from the premises, of materials used in the construction of buildings or other structures.
Building, nonconforming: Any building which does not conform to the regulations of this title prescribing the
use, required yards, lot coverage, height and setbacks, minimum required spacing between buildings on a single
lot, and minimum required usable open space for the district in which such building is located.
Building, principal: A nonaccessory building in which the principal use of the zoning lot on w hich it is located
is conducted.
Building setback line: A line parallel to the street line of a distance from it, regulated by the front yard
requirements set up in this title. (See section 10 -2-4 of this chapter for diagram.)
Building, temporary: Any building not designed to be permanently located in the place where it is, or where
it is intended to be placed or affixed.
Bulk: The term used to describe the size and mutual relationships of buildings and other structures, as to
size, height, coverage, shape, location of exterior walls in relation to lot lines, to the centerlines of the streets, to
other walls of the same buildings, and to other buildings or structures, and to all open spaces relating to the
building or structure.
Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which
occupies time, attention, labor and materials, or where services are offered for compensation.
Campground: Any area that is occupied or intended or designed or improved for occupancy by transients
using recreational vehicles, travel trailers, and/or tents.
Car wash: A building or portion thereof containing facilities for washing more than two (2) motor vehicles,
using production line methods. The use of personnel for one (1) or more phases of this operation in conjunction
with or without complete automatic or mechanical devices does not alter its classification. Coin -operated devices
operated on a self-service basis shall be construed to be the same.
Carport: An automobile shelter with two (2) or more sides open.
Cemetery: Land used or dedicated to the interment of human or animal remains or cremated remains,
including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included
when operating within the boundary of such cemetery.
City: The United City of Yorkville or the City of Yorkville.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 4 of 37
City council: The City Council of the City of Yorkville.
Club or lodge, private: A for profit or nonprofit association of persons who are bona fide members paying
annual dues which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to
members and their guests. It shall be permissible to ser ve food and meals on such premises provided that
adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and
their guests shall be allowed in conjunction with the operation of a dining room for the purpos e of serving food
and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of
alcoholic beverages is in compliance with the applicable local, federal and state laws, and county ordinances. (See
title 3, chapter 3 of this Code.)
College: A private or public college or technical institution which provides full-time or part-time education
beyond high school that grants Associate, Baccalaureate, or higher degrees.
Commercial feeding: A land use or facility used for the confined feeding operation for fish, poultry, swine or
livestock.
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.
Community center: A building or structure used as a place of meeting, recreation or social activity, generally
open to the public and designed to accommodate and serve significan t segments of the community.
Conforming building or structure: A building or structure which:
A. Complies with all the regulations of this title or of any amendment hereto governing bulk of the district
in which said building or structure is located; and
B. Is designed or intended for a permitted or special use as allowed in the district in which it is located.
Contractor facility: A facility where a construction contractor maintains its principal office or a permanent
business office including outdoor storage incidental to the business and enclosed with an opaque fence or wall a
minimum of six feet (6') in height.
Contractor offices: A building used for conducting contracting business that does not use any exterior storage
area.
Court: An open unoccupied space, other than a yard, on the same lot with a building or group of buildings
and which is bounded on two (2) or more sides by such building or buildings.
Cultivation center: A facility registered by the Department of Agriculture to perform activities to provide only
registered medical cannabis dispensing organizations with usable medical cannabis in compliance with the
Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.
Curb level: The level of the established curb in front of the building measured at the center of such front.
Where a building faces on more than one (1) street, the "curb level" shall be the average of the levels of the curbs
at the center of the front of each street. Where no curb elevation has been estab lished, the mean level of the land
immediately adjacent to the building shall be considered the "curb level".
Dance hall: A place of assembly, open to the public and operated for profit, where dances, parties,
receptions and other gatherings are held.
Datum point: Any reference point of known or assumed coordinates from which calculation or
measurements may be taken.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 5 of 37
Daycare facility: Any childcare facility licensed by the State Department of Children and Family Services
(DCFS) which regularly provides daycare for less than twenty-four (24) hours per day for more than three (3)
children under the age of twelve (12) in a facility other than a family home, 225 ILCS 10/2.09.
Daycare facility, adult: Any facility, public or private, regulated by the State of Illinois in accordance with the
Older Adult Services Act which provides care for less than twenty-four (24) hours per day for older adults (seniors)
such as nutritious meals, planned program of activities, and social and health related services.
Daycare facility, part day: Any facility licensed by the State Department of Children and Family Services
(DCFS) and which is conducted by a church, religious organization or social service agency in which individual
children are provided care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility
which provides intermittent care for up to ten (10) hours per seven (7) day week shall not provide such care for
more than eight (8) hours in any given day during the seven (7) day week. Any facility which provides intermittent
care for up to ten (10) hours per seven (7) day week shall provide at least one (1) caregiver per twenty (20)
children, 225 ILCS 10/2.10.
Daycare home, group: Any in home childcare service licensed by the State Department of Children and
Family Services (DCFS) which regularly provides care for less than twenty-four (24) hours per day for more than
three (3) and up to a maximum of sixteen (16) children under the age of twelve (12) in a family home. The number
of children allowed includes the family's natural or adopted children and all other persons under the age of twelve
(12), 225 ILCS 10/2.20.
Daycare, in home: Any in home childcare service licensed by the State Department of Children and Family
Services (DCFS) which regularly provides care for less than twenty-four (24) hours per day for more than three (3)
and up to a maximum of twelve (12) children under the age of twelve (12) in a family home. The term does not
include facilities which receive only children from a single household, 225 ILCS 10/2.09.
Decibel (dB): A unit of measurement of the intensity (loudness) of sound. Sound level meters which are
employed to measure the intensity of sound are calibrated in "decibels".
Density, gross: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site,
to include streets, schools, parks, etc., expressed as dwelling units per acre.
Density, net: A ratio of the total number of dwelling units on a site, divided by the number of acres used
exclusively for a residential type acreage not to include schools, parks, streets, etc., expressed as dwelling units per
acre.
Department store: A retail business which is conducted under a single owner's name wherein a variety of
unrelated merchandise and services are housed enclosed and are exhibited and sold directly to the consumer for
whom the goods and services are furnished.
Displacement (Earth): The amplitude or intensity of an earthborn vibration measured in inches. The
displacement or amplitude is one-half (½) the total earth movement.
District: A section or part of the unincorporated portion of the City for which the use regulations are uniform.
Drive-through service establishment: A business or establishment which provides all or some of its services
through a building opening or window to its patrons who remain in their vehicles.
Driveway: A paved or unpaved private roadway providing vehicular access between the right-of-way of the
street and a parking space, garage, dwelling or other structure.
Dry cleaning establishment: An establishment or business maintained for the pick up and delivery of dry
cleaning and/or laundry without the operation of any laundry or dry cleaning equipment or machinery on the
premises.
Dry cleaning plant: A building, or portion of a building or premises used or intended to be used for cleaning
fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 6 of 37
cleaning solvents including, but not limited to, nonflammable solvents and/or class I and above combustible liquid
solvents.
Dwelling: A building or portion thereof, but not including a house trailer or mobile home, designed or used
exclusively for residential occupancy, including single-family dwelling units, duplex dwelling units, townhomes and
multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.
Dwelling, duplex: A building designed or altered to provide dwelling units for occupancy by two (2) families
within a single structure on separate lots, each of which has independent living quarters with direct access to the
outside.
Dwelling, group: A group of two (2) or more single-family, duplex, townhome and/or multiple-family
dwellings occupying a parcel of land under a single ownership and having a yard or court in common, excluding
hotels and motels.
Dwelling, multiple-family: A building or portion thereof, designed or altered for occupancy by two (2) or
more families living independently of each other within a single or attached structure on one (1) lot, which may or
may not share common entrances or other spaces and includes apartments, group homes, and condominiums.
Dwelling, single-family: A dwelling unit designed exclusively for use and occupancy by one (1) family which is
detached from any other dwelling unit and surrounded on all sides by open space on the same lot.
Dwelling, townhouse: A single-family dwelling unit constructed in a group of three (3) or more attached units
on separate lots in which each unit extends from foundation to roof and with a yard or public way on at least two
(2) sides.
Dwelling unit: A single unit providing complete independent living facilities for one (1) or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: A grant by a property owner for the use of a parcel of land by the general p ublic, a corporation, or
a certain person or persons for a specific purpose or purposes.
Efficiency unit: A dwelling unit consisting of one (1) principal room, exclusive of bathroom, kitchen, hallway,
closets or dining alcove, directly off the principal room.
Equivalent opacity: The shade on the Ringelmann Chart that most closely corresponds to the density of
smoke, other than black or gray.
Erect: The act of placing or affixing a component of a structure upon the ground or upon another such
component.
Establishment, business: A separate place of business having the following three (3) characteristics:
A. The ownership and management of all operations conducted within such establishment is separate and
distinct from the ownership and management of operations conducted within other establishments on
the same or adjacent zoning lots.
B. Direct public access to such "business establishment" is separate and distinct from direct access to any
other "business establishment".
C. There is no direct public access from within such establishment to any other such establishment.
When adjacent places of business lack any one (1) of the aforesaid characteristics with respect to one
another, they shall then be considered as a single "business establishment" for the p urpose of this title.
Family: One (1) or more persons related by blood, marriage or adoption, or a group of not more than five (5)
persons (excluding servants) who need not be related by blood, marriage or adoption, living together and
maintaining a common household.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 7 of 37
Fence: A structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or
means of protection or confinement.
Fence, open: A fence which has over its entirety at least fifty percent (50%) of the surface area in open space
as viewed at right angles from the fence; except, that the required open space in louver type fences may be
viewed from any angle.
Fence, solid: A fence which conceals from view, from adjoining properties, streets or alleys, activities
conducted behind it.
Floor area, gross (for determining floor area ratio): The sum of the gross horizontal areas of the several
floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls or
from the centerlines of walls separating two (2) buildings. The "floor area" shall also include the horizontal areas
on each floor devoted to:
A. Elevator shafts and stairwells.
B. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bul kheads,
water tanks and cooling towers.
C. Habitable attic space as permitted by the building code.
D. Interior balconies and mezzanines.
E. Enclosed porches.
F. Accessory uses.
The "floor area" of structures used for bulk storage of materials, i.e., grain elevators and petroleum tanks,
shall also be included in the "floor area" and such "floor area" shall be determined on the basis of the height
of such structures with one (1) floor for each ten feet (10') of structure height and if such structure mea sures
less than ten feet (10') but not less than five feet (5') over such floor height intervals, it shall be construed to
have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-
street loading facilities shall not be included in the "floor area".
"Floor area" when prescribed as the basis of measurement for off-street parking spaces and off-street
loading spaces for any use shall be the sum of the gross horizontal area of the several floors of the bui lding,
excluding areas used for accessory off-street parking facilities and the horizontal areas to the basement
floors that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal
dimensions shall be taken from the exterior of the walls.
Floor area, livable: Any floor area within outside walls of a residential building exclusive of areas in
basements, lookout basements, unfinished attics, garages, open porches and accessory buildings, but including any
area "roughed in" but not completed which is designed and intended for human occupancy.
Floor area ratio: The numerical value obtained by dividing the floor area within a building or buildings on a
lot by the area of such lot. The floor area ratio as designated for each district when multiplied by the lot area in
square feet shall determine the maximum permissible floor area for the building or buildings on the lot. (See
section 10-2-4 of this chapter for diagram.)
Foot-candle: A unit of illumination, equivalent to the illumination at all points which are one foot (1') distant
from a uniform point source of one (1) candlepower.
Foot-lambert: A unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness
reflecting or emitting the equivalent of the light from one (1) candle at one foot (1') distant over one (1) square
foot has a brightness of one (1) foot-lambert.
Frequency: The number of oscillations per second in a sound wave, measuring the pitch of the resulting
sound.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 8 of 37
Garage, bus: Any building used or intended to be used for the storage of three (3) or more passenger motor
buses or motor coaches used in public transportation, excluding school buses.
Garage, private: An accessory building or an accessory portion of the principal building which is intended for
and used to store the private passenger vehicles of the family or families resident upon the premises, and in which
no business, service or industry connected directly or indirectly with automotive vehicles is carried on; provided,
that not more than one-half (½) of the space may be rented for the private vehicles of persons not resident on the
premises; except, that all the space in a garage of one (1) or two (2) car capacity may be so rented. Such a garage
shall not be used for more than one (1) commercial vehicle and the load capacity of such vehicle shall not exceed
five (5) tons.
Gasoline service station: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil
or grease, for operation of automobiles, are offered for sale directly to the public on the premises, and including
minor accessories and the services of automobiles, mechanical or manual washing of automobiles, but not
including major automobile repairs. Gasoline service stations shall not include sale or storage of automobiles or
trailers (new or used).
Golf course: A facility providing a private or public golf recreation area designed for regulation play along
with accessory golf support facilities including golf related retail sales, restaurant, golf driving range but excluding
miniature golf.
Golf driving range: An area equipped with distance markers, clubs, balls and tees for practicing golf drives
and putting which may include incidental retail sales and food services, but excludes miniature golf.
Grade: The established grade of the street or sidewalk. Where no such grade has been established, the grade
shall be the elevation of the sidewalk at the property line. Where no sidewalks exist, the grade shall be the average
elevation of the street adjacent to the property line. Except in cases of unusual topographic conditions, as
determined by the Director of Public Works, grade shall be the average elevation of the finished surface of the
ground adjoining the exterior walls of a building at the base of a structure based upon any technical advice that the
Director of Public Works deems necessary.
Grocery store: Stores where most of the floor area is devoted to the sale of food products for home
preparation and consumption, which typically also offer other home care and personal care products.
Group home: A single-family dwelling housing not more than eight (8) service dependent or developmentally
disabled people living with professional care staff.
Guest, permanent: A person who occupies or has the right to occupy a lodging house, rooming house,
boarding house, hotel, apartment hotel or motel accommodation as his domicile and place of permanent
residence.
Health and fitness club/center: A facility which provides for individual or group exercise activities. Programs
may include, but are not limited to aerobics, calisthenics, weight training, running, swimming, court games, studio
lessons and all types of instructional classes related to physical fitness. Health and fitness clubs/centers may offer a
variety of recreational and fitness amenities such as weightlifting machines, free weights, swimming pools,
gymnasiums, studios, sport courts, shower and changing areas and may include incidental uses such as childcare
facilities, food services, saunas, and pro shops oriented towards customers during their use of the club/center.
Home occupation: An accessory use of a residential dwelling unit which complies with the requirements of
section 10-3-9 of this title.
Hospital: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis,
treatment or care, for not less than twenty-four (24) hours in any week, of three (3) or more nonrelated individuals
suffering from illness, disease, injury, deformity or other abnormal physical conditions. The term "hospital", as
used in this title, does not apply to institutions operating solely for the treatment of mentally ill or chemically
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 9 of 37
dependent persons, or other types of cases necessitating restraint of patients, and the term "hospital" shall n ot be
used for convalescent, nursing, shelter or boarding homes.
Hotel, motel, or inn: An establishment containing lodging accommodations designed for use by transients, or
travelers, or temporary guests. Facilities provided may include maid service, laun dering of linen used on the
premises, telephone and secretarial or desk service, restaurants, cocktail lounges, meeting rooms and ancillary
retail uses, provided access to such uses are from the exterior of the principal use.
Householder: The occupant of a dwelling unit who is either the owner or lessee thereof.
Impact noise: A short duration sound such as those from a forging hammer or punch press.
Incombustible: A material which will not ignite nor actively support combustion during an exposure for five
(5) minutes to a temperature of one thousand two hundred degrees Fahrenheit (1,200°F).
Kennel, commercial: Any lot or premises or portion thereof on which more than four (4) dogs, cats and other
household domestic animals, over four (4) months of age, are kept for sale, or on which more than two (2) such
animals are boarded for compensation.
Laboratory, commercial: A place devoted to experimental study such as testing and analyzing. Manufacturing
assembly or packaging of products is not included within this definition.
Land banking: Land that is part of a single lot or development that is set aside or reserved for a later
approved use or development.
Laundry: A business that provides coin-operated, self-service type washing, drying, dry cleaning and ironing
facilities; provided that:
A. Not more than four (4) persons, including owners, are employed on the premises; and
B. No pick up or delivery service is maintained.
Library: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
Loading and unloading space, off-street: An open, hard surfaced area of land other than a street or public
way, the principal use of which is for the standing, loading and unloading of motor vehicles, tractors and trailers to
avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty -
five feet in length and fourteen feet in height (10' x 25' x 14'), exclusive of access aisles and maneuvering space.
Lookout basement: A story having more than one-half (½) of its height below the curb level or below the
highest level of the adjoining ground. A lookout basement shall not be counted as a story for the purposes of
height measurement.
Lot: A parcel of land legally described as a distinct portion or piece of land of record. (See section 10-2-4 of
this chapter for diagram of lot types.)
Lot area: The area of a horizontal plane bounded by the front, side and rear lot lines.
Lot, corner: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at
the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-five degrees
(135°) or less. (See section 10-2-4 of this chapter for diagram.)
Lot coverage: The area of a zoning lot occupied by the principal building or buildings, accessory buildings and
all other impervious areas such as driveways, roads, sidewalks, parking lots and structures, and any area of
concrete asphalt.
Lot depth: The mean horizontal distance between the front and rear lot lines of a lot measured within the lot
boundaries.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 10 of 37
Lot, flag: A lot not fronting or abutting a public roadway and where access to the public roadway is limited to
a narrow driveway or strip of land between abutting lots, thereby not meeting the minimum lot frontage
requirements. (See section 10-2-4 of this chapter for diagram.)
Lot frontage: The front of a lot shall be that boundary of a lot along a public or private street; for a corner lot,
the front shall be the narrowest side of the lot fronting upon a street; provided that the owner may orient the
building toward either street but once frontage is established it shall be maintained.
Lot, interior: A lot other than a corner lot or reversed corner lot. (See section 10-2-4 of this chapter for
diagram.)
Lot line: A property boundary line of any lot held in single or separate own ership; except, that where any
portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley
line.
Lot line, front: A lot line which abuts a street shall be the front lot line. For corner lots, the na rrowest side of
the lot fronting upon a street shall be considered the front of the lot; provided that the owner may orient the
building toward either street but once frontage is established it shall be maintained.
Lot line, interior: A side lot line common with another lot.
Lot line, rear: The rear lot line is the lot line or lot lines most nearly parallel to and more remote from the
front lot line.
Lot line, side: Lot lines other than front or rear lot lines are side lot lines.
Lot of record: A lot which is a part of a subdivision or a parcel of land described by deed and where both the
map and the deed were recorded in the Office of the County Recorder.
Lot, reversed corner: A corner lot, the rear of which abuts upon the side of another lot, whether across an
alley or not. (See section 10-2-4 of this chapter for diagram.)
Lot, through: A lot having frontage on two (2) parallel or approximately parallel streets, and which is not a
corner lot. On a through lot, both street lines shall be deemed front lot lines. (See section 10 -2-4 of this chapter for
diagram.)
Lot width: The mean horizontal distance between the side lot lines measured within the lot boundaries, or
the minimum distance between the side lot lines within the buildable area.
Lot, zoning: A plot of ground made up of one (1) or more contiguous parcels which are under single
ownership and may be occupied by a use, building or buildings, including the yards and open spaces required by
this title.
Manufacturer, firearms and ammunition: Any person or entity in: a) the business of transporting, shipping
and receiving firearms and ammunition for the purpose of sale or distribution, b) selling firearms at whol esale or
retail, c) repairing firearms or making or fitting special barrels, stocks or trigger mechanisms to firearms and
operating under the provisions of the applicable local, state and federal licenses.
Manufacturing establishment: An establishment, the principal use of which is manufacturing, fabricating,
processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products.
Marina: A facility for secure mooring of boats, including facilities for storage and repair of boats and sale of
boating supplies and fuel.
Massage establishment: Any establishment having a source of income or compensation derived from the
practice of "massage" as defined in section 10 of the Massage Licensing Act, 225 ILCS 57/10 and which has a fixed
place of business where any person, firm, association or corporation engages in or carries on any of the activities
defined in title 3, chapter 9, "Massage Establishments", of this Code.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 11 of 37
Medical cannabis dispensing organization: A facility operated by an organization or business that is
registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a
registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and
educational materials to registered qualified patients in compliance with the Compassionate Use of Medical
Cannabis Pilot Program Act, 410 ILCS 130/1 et seq.
Medical clinic: An establishment where patients are admitted for special study and treatment by two (2) or
more licensed physicians or dentists and their professional associates, practicing medicine together.
Microbrewery or brewpub/Microwinery: A combination retail, wholesale, and/or small-scale artisan
manufacturing business that brews, ferments, processes, packages, distributes, and serves either beer or wine for
sale on or off-site. A microbrewery shall produce no more than one hundred fifty-five thousand (155,000) gallons
of beer per year and a microwinery shall produce no more than fifty thousand (50,000) gallons of wine per year for
sale on the premises for either on-premises or off-premises consumption. These facilities may include an ancillary
tasting room and retail component in which guests/customers may sample and purchase the product. Off -site
distribution of the beverages shall be consistent with state law.A restaurant-brewery that brews beer primarily for
sale in the restaurant and/or bar and is dispensed directly from the brewery's storage tanks. Total production
capacity shall not exceed one hundred fifty-five thousand (155,000) gallons per calendar year. One (1) U.S. barrel is
equivalent to thirty-one (31) gallons.
Microdistillery: A small scale artisan manufacturing business that blends, ferments, processes, packages,
distributes and serves alcoholic spirits on and off the premises and produces no more than fifteen thousand
(15,000) gallons per calendar year on-site. The microdistillery facility may include an ancillary tasting room and
retail component in which guests/customers may sample and purchase the product. Off-site distribution of the
alcoholic beverages shall be consistent with state law.
Microwinery: Combination retail, wholesale and small scale artisan manufacturing business that blends,
ferments, processes, packages, distributes and serves wine for sale on or off -site, and produces no more than one
hundred thousand (100,000) gallons per year. The microwinery facility may include an ancillary tasting room and
retail component in which guests/customers may sample and purchase the product. Off-site distribution of the
vinous beverages shall be consistent with state law.
Miniature golf course: A novelty version of golf played with a putter and golf ball on a miniature course,
typically theme oriented with artificial playing surfaces and including obstacles such as bridges and tunnels.
Mobile home: A manufactured home structure transportable in one (1) or more sections, which in the
traveling mode is eight (8) body feet or more in width and forty (40) body feet or more in length or when erected
on-site is three hundred twenty (320) square feet or more and which is built on a permanent chassis and designed
to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical systems that may be contained therein; except
that such term shall include any structure that meets all the requirements of this definition except the size
requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary
(HUD) and complies with the standards established under this title. For manufactured homes built prior to June 15,
1976, a label certifying compliance to the standard for mobile homes, NFPA 501, in effect at the time of
manufacture is required.
Mobile home park: A lot, parcel or tract of land developed with facilities for accommodating two (2) or more
mobile homes, provided each mobile home contains a kitchen, flush toilet and shower or bath; and such park shall
be for use only by nontransient dwellers remaining continuously for more than one (1) month, whether or not a
charge is made. It shall not include a sales lot in which automobiles or unoccupied mobile homes or other trailers
are parked for the purpose of inspection or sale, except mobile homes located on a site in the mobile home park
which are occupied or vacant for not more than ninety (90) days after occupancy may be sold or offered for sale.
Modular construction: A structure not built on-site, but which is placed on a permanent foundation and
meets building code requirements.
Formatted: Highlight
Formatted: Highlight
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 12 of 37
Motels, motor lodges, tourist courts: A group of attached or detached buildings containing individual sleeping
units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space
conveniently located to each unit, including auto courts, motels or motor lodges, but not including mobile homes.
Motor freight terminal: A building in which freight, brought to said building by motor truck, is assembled and
sorted for routing in intrastate and interstate shipment by motor truck.
Motor vehicle: A passenger vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by
mechanical power.
Nonconforming use: Any building, structure or land lawfully occupied by use or lawfully established which
does not conform to the current regulations of the zoning ordinance.
Noxious matter: Material which is capable of causing injury to living organisms by chemical reaction or is
capable of causing detrimental effects upon the physical, social or economic well being of human beings.
Nursery: Retail business whose principal activity is the selling of plants and having outdoor storage, growing
and/or display of plants.
Nursing home: A home for the care of children or the aged or infirm, or a place of rest for those suffering
bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.
Octave band: A means of dividing the range of sound frequencies into octaves in order to classify sound
according to pitch.
Octave band filter: An electrical frequency analyzer designed according to standards formulated by the
American Standards Association and used in conjunction with a sound level meter to take measurements in
specific octave intervals. (American Standard For Sound-Level Meters/ASA - No. 224.3 - 1944.)
Odor threshold: The lowest concentration of odorous matter in air that will produce an olfactory response in
a human being. Odor thresholds shall be determined in accordance with ASTM method D 1391 -57, "Standard
Method For Measurement of Odor in Atmospheres (Dilution Method)".
Odorous matter: Any material that produces an olfactory response among human beings.
Office: A place, such as a building, room or suite, in which services, clerical work, professional duties or the
like are carried out.
Open sales lot: Any land used or occupied for the purpose of buying and selling new or secondhand
passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, monuments, etc., and for the
storing of same prior to sale.
Outdoor music venue: A property where sound equipment is used to amplify sound that is not fully enclosed
by permanent, solid walls or roof.
Parapet: An architectural feature of a building where that portion of an exterior wall extends above the roof
deck.
Parking area, private: An open, hard surfaced area, other than a street or public way, designed, arranged and
made available for the storage of private passenger automobiles only of occupants of the building or buildings for
which the parking area is developed and is accessory.
Parking area, public: An open, hard surfaced area, other than a street or public way, intended to be used f or
the storage of passenger automobiles and commercial vehicles under one and one-half (1½) tons' capacity, and
available to the public, whether for compensation, free or as an accommodation to clients or customers.
Parking space, automobile: Space within a public or private parking area designed in conformance with
section 10-16-3 of this title, exclusive of access drives, or aisles, ramps, columns or office and work areas, for the
storage of one (1) passenger automobile or commercial vehicle under one and one-half (1½) tons' capacity.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 13 of 37
Parking structure: An attached or detached structure that is fully or partially enclosed with one (1) or more
levels and is used exclusively for the parking or storage of motor vehicles. This does not include private one -story
garages for single-, two-, or multiple-family residential uses. Parking structures may either be above or below
grade.
Particulate matter: Material which is suspended in or discharged into the atmosphere in finely divided form
as a liquid or solid at atmospheric pressure and temperature.
Party wall: An interior wall of adjoining structures extending from its footing to the underside of the roof,
and which separates and is in common use by such adjoining structures.
Pawnbroker/pawnshop: Any person who lends money on deposit or pledge of personal property, or deals in
the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly
displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker's
business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans
money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of
money on deposit or pledge of title to property.
Performance standard: A criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and
explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.
Philanthropic institution: Any building or group of buildings devoted to and supported by charity.
Plan commission: The Plan Commission of the City of Yorkville.
Planned unit development: A tract of land which is developed as a unit under single ownership or control,
which includes two (2) or more principal buildings, and which is at least four (4) acres in area, except for planned
developments operated by a municipal corporation which shall be at least two (2) acres in area, and planned unit
developments in manufacturing districts which shall be at least ten (10) acres in area.
Porch: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open
to the weather in part.
Preferred frequencies: A set of octave bands described by the band center frequency and standardized by the
American Standards Association in ASA standard N. S1.6-1960, "Preferred Frequencies For Acoustical
Measurements".
Principal use: The main use of land or buildings as distinguished from a subordinate or accessory use.
Professional services: A business that offers any type of professional service to the public which requires, as a
condition precedent to the rendering of such service, the obtaining of a license or other legal authorization. By way
of example, and without limiting the generality of this definition, professional services include services rendered by
certified public accountants, engineers, chiropractors, dentists, physicians, podiatrists, architects, veterinarians,
attorneys at law, physical therapists and insurance agents.
Public open space: Any publicly owned open area, including, but not limited to, the following: parks,
playgrounds, forest preserves, beaches, waterways, parkways and streets.
Public utility: Any person, firm, corporation or municipal department duly authorized to furnish, under public
regulation, to the public, electricity, gas, steam, telephone, sewers, transportation or water.
Railroad passenger station: A facility for the boarding of passengers and related ticketing sales and offices.
Railroad right-of-way: A strip of land with tracks and auxiliary facilities for track operation, but not including
depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers,
etc.
Recreation center: A building or structure used as a place of recreation, generally open to the public and
designed to accommodate and serve significant segments of the community.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 14 of 37
Recreational camp private: An establishment consisting of permanent buildings used periodically by an
association of persons where seasonal accommodations for recreational purposes are provided only to the
members of such association and not to anyone who may apply.
Recreational vehicle: Any type of vehicle used primarily for recreational pleasure or bearing recreation al
vehicle registration license plates. Examples include, but are not limited to, motor homes, boats, snowmobiles, and
all-terrain vehicles.
Refuse: All waste products resulting from human habitation, except sewage.
Religious institution, large: A building, having four hundred (400) or more seats or larger than eight thousand
(8,000) square feet of total gross floor area, wherein persons regularly assemble for religious worship and which is
maintained and controlled by a religious body organized to sustain public worship, together with all accessory
buildings and uses customarily associated with such primary purpose. Includes church, synagogue, temple, mosque
or other such place for worship and religious activities.
Religious institution, small: A building, having four hundred (400) or fewer seats or no larger than eight
thousand (8,000) square feet of total gross floor area, wherein persons regularly assemble for religious worship
and which is maintained and controlled by a religious body organized to sus tain public worship, together with all
accessory buildings and uses customarily associated with such primary purpose. Includes church, synagogue,
temple, mosque or other such place for worship and religious activities.
Resale dealer: Any individual, firm, corporation or partnership engaged in the business of operating a
business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, audio -video
equipment or any precious metals which may have been previously owned by a co nsumer; or which derives more
than thirty-five percent (35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any
goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to,
furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state.
A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swapshop
operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other
than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The
term "resale dealer" shall not include pawnbrokers.
B. The fact that any business does any of the following acts shall be prima facie proof that such business is
a resale dealer:
1. Advertise in any fashion that it buys or sells used items. Such advertisements shall include, but
not be limited to, media advertisements, websites, telephone listings, a nd signs whether in the
exterior or interior of business.
2. Devotes a significant segment or section of the business premises to the purchase or sale of used
items.
Research laboratory: A building or group of buildings in which are located facilities for scientific research,
investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as
incidental to the main purpose of the laboratory.
Residence: The act or condition of residing or dwelling in a place.
Rest home: See definition of Nursing home.
Restaurant: Any land, building or part thereof where meals are provided for compensation, including a cafe,
cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room, and including the serving of alcoholic
beverages when served with and incidental to the serving of meals, where permitted.
Restaurant, convenience: An establishment commonly referred to as "fast casual" dining with the following
characteristics: a) limited menu items are made to order and are prepared only upon request; b) food is either
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 15 of 37
ordered and picked up at a counter or served at the patron's table in a limited dine in area; and c) usually part of a
chain or franchise establishment.
Restaurant, fast-food: A quick service restaurant with the following characteristics: a) typically includes drive-
through service; b) limited menu items consisting of prepackaged or quickly prepared food items; c) food is
ordered and picked up at a counter with no table service provided; d) limited di ne in area; and e) usually part of a
chain or franchise establishment.
Retail store: A building or portion of a building providing area for the selling of new or used goods, wares,
and merchandise directly to the consumer for whom the goods are furnished.
Ringelmann chart: A chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on
which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke.
Ringelmann number: The number of the area on the Ringelmann Chart that coincides most nearly with the
visual density of smoke emission.
Roadside stand: A temporary structure which is used solely for the display or sale of farm produce and
related materials. No roadside stand shall be more than three hundred (30 0) square feet in ground area and there
shall be no more than one (1) roadside stand on any one (1) premises.
Roadway: That portion of a street which is used or intended to be used for the travel of motor vehicles.
Runway: A strip or area of pavement used exclusively for the landing and taking off of aircraft, or for the
movement of vehicles incidental to such use.
Salvage yard: An open area where waste, scrap metal, paper, rags or similar materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including auto, farm implements and machinery, and
building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
School: Elementary, high school or college, public or private, or nonprofit junior college, college or university,
other than trade, 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 faci lities.
Semi-truck: A tractor unit which is used to tow or move semi- trailers. A semi-truck typically has two (2) or
three (3) 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.
Setback: The minimum distance maintained between a street right-of-way and the nearest supporting
member of any structure on the lot, except where otherwise regulated in this title.
Setback, established: When forty percent (40%) or more of the lots fronting on one (1) side of a stre et within
a block are improved, the existing setbacks of such improved lots shall be the "established setback" for
determining the depth of the required front yards for the remainder of the lots along such street frontage, as
regulated in this title.
Setback line, building: See definition of building setback line.
Shooting gallery/gun range, indoor: An enclosed facility, public or private, specifically for the purpose of
providing a place in which to discharge various types of firearms, shoot air guns and /or archery equipment at
designated targets and designed to contain all projectiles fired within the confines of the building. Auxiliary
training and instructional classroom facilities may also be provided, as well as ancillary retail sales of firearms,
ammunition and associated products upon proof of applicable local, state and federal licensure.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 16 of 37
Short-term rental: A home occupation of a single-family dwelling unit that is used as a primary residence by
owners or renters, or a portion of such a dwelling unit that is rented for less than thirty (30) days at a time to
transients and temporary guests.
Skating rink: An establishment that provides facilities for participant skating.
Smoke: Small gasborne particles other than water that form a visible plume in the air.
Smoke unit: The number obtained by multiplying the smoke density in Ringelmann numbers by the time of
emission in minutes. For the purpose of this chart, Ringelmann density reading is made at least once every minute
during the period of observation; each reading is then multiplied by the time in minutes during which it is
observed, and the various products are added together to give the total number of smoke units observed during
the total period under observation.
Sound level meter: An electronic instrument which includes a microphone, an amplifier and an output meter
which measures noise and sound pressure levels in a specified manner. It may be used with the octave band
analyzer that permits measuring the sound pressure level in discrete octav e bands.
Sound pressure level: The intensity of a sound measured in decibels mathematically described as twenty (20)
times the logarithm to the base-10 of the ratio of the pressure of the sound to a reference pressure of 0.0002
microbar.
Stable, private: Any building which is located on a lot on which a dwelling is located and which is designed,
arranged, used or intended to be used for housing horses for the private use of occupants of the dwelling.
Stable, public (riding or boarding stable): A building and grounds which are designed, arranged, used or
intended to be used for the storage, boarding or breeding of horses, including accessory uses which may include
riding and horsemanship instructions and the hire of riding horses.
Stacking requirements: The number of cars that must be accommodated in a reservoir space while awaiting
ingress or egress to specified business or service establishments.
Stadium: Any facility, building, corral, arena, or structure of any kind designed for use as either a sports
facility (including animal sports, i.e., rodeos, horseraces, etc.), entertainment facility, whether for profit or not,
where activities are to be undertaken generally for the entertainment of others. Said description includes ball
fields, when any type of structure is involved, skating rinks, racetracks, football or soccer fields, softball fields,
gymnasiums, swimming facilities, music halls, theaters, stages or any other type of field or facility.
Story: That portion of a building included between the surface of any floor and the surface of the floor above
it, or if there is no floor above, then the space between the floor and ceiling next above it. Any portion of a story
exceeding fourteen feet (14') in height shall be considered as an additional story for each fourteen feet (14') or
fraction thereof.
Story, half: That portion of a building under a gable, hip or mansard roof, the wall plates of which on at least
two (2) opposite exterior walls are not more than four and one-half feet (4½') above the finished floor of each
story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three (3)
stories in height, a half story in a sloping roof shall not be counted as a story for the purpose of this title. In the
case of multiple-family dwellings three (3) or more stories in height, a half story shall be counted as a story.
Street: A way other than an alley which affords a primary means of access to abutting property.
Street line: A line separating an abutting lot, piece or parcel from a street.
Structural alterations: Any change other than incidental repairs which would prolong the life of the
supporting members of a building or structure such as bearing walls, columns, beams and girders.
Structure: Anything constructed or erected which requires location on the ground or is attached to
something having location on the ground.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 17 of 37
Tattoo and body piercing establishments: Any establishment which performs or provides services for
tattooing and/or body piercing as defined in title 3, chapter 10 of this Code.
Tavern or lounge: A building where liquors are sold to be consumed on the premises, but not including
restaurants where the principal business is serving food.
Taxicab business: A service that offers transportation in passenger automobiles and vans to persons in return
for remuneration. The business may include facilities for servicing, repair, and fueling the taxicabs or vans.
Terrace, open: A level and rather narrow plane or platform which, for the purpose of this title, is located
adjacent to one (1) or more faces of the principal structure and which is constructed not more than four feet (4') in
height above the average level of the adjoining ground.
Theater: A structure used for dramatic, operatic, motion pictures for admission to which money is received.
Such establishments may include related services such as food and beverage sales and other concessions.
Title: Reference to "title" herein shall be construed to be the Yorkville Zoning Ordinance.
Toxic materials: Substances (liquid, solid or gaseous) which are inherently harmful and likely to destroy life or
impair health or capable of causing injury to the well being of persons or damage to property.
Trailer: A vehicle without motive power, designed to be towed by another vehicle but not designed for
human occupancy and which may include a utility trailer, boat trailer, horse trailer or cargo trailer.
Trailer, camping: A trailer designed and constructed for temporary dwelling purposes which does not contain
built in sanitary facilities and has a gross floor area of less than one hundred thirty (130) square feet.
Trailer house or mobile home: See definition of Mobile home.
Trailer, travel: A trailer designed and constructed for dwelling purposes which may contain cooking, sanitary
and electrical facilities and has a gross floor area of one hundred thirty (130) square feet or more but less than
three hundred twenty (320) square feet.
Treatment center: One (1) or more buildings designed and used for the medical and surgical diagnosis and
treatment. This definition excludes hospitals and nursing homes.
Truck and trailer rental: Leasing or renting of trucks and trailers, including incidental parking and servicing of
vehicles for rent or lease.
Truck storage yard: Any land used or intended to be used for the storage or parking of trucks, trailers,
tractors, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half
(1½) tons in capacity.
Usable open space: Ground area of a lot, landscaping and recreational facilities may qualify as usable open
space provided that it is an area unobstructed from the ground to the sky and which :
A. Is not devoted to public or private roadways or driveways and off-street parking and loading;
B. Is accessible and available only to occupants of dwelling units on the premises, except balconies;
C. Is not covered by buildings, except not more than five percent (5%) of the required open space may be
recreational facilities enclosed within a building for the use of occupants of the dwelling units on the
premises;
D. Has not less than ten feet (10') at its narrowest dimension between either a lot lin e and an area not
qualifying as usable open space; and
E. Is developed, landscaped and maintained suitable for pedestrian, recreational and leisure use.
Use: The purpose for which land or a building thereon is designed, arranged or intended, or for which it is
occupied or maintained, let or leased.
Created: 2022-01-07 11:53:22 [EST]
(Supp. No. 2)
Page 18 of 37
Use, lawful: The use of any building, structure or land that conforms with all of the regulations of this title
and which conforms with all of the codes, ordinances and other legal requirements as existing when the structure
or land is being examined.
Use, nonconforming: See definition of Nonconforming use.
Use, permitted: Any use which is or may be lawfully established in a particular district or districts, provided it
conforms with all requirements, regulations, and when applicable, performance standards of this title for the
district in which such use is located.
Use, principal: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
Use, special: A use that has unusual operational, physical or other characteristics that may be different from
those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or
can be made, compatible with the intended overall development within a district. Compliance with special
standards not necessarily applicable to other permitted or conditional uses in the district shall be required as
regulated in this title.
Vacant land: A lot or parcel of land on which no improvements or structures have b een constructed or
actively used for any land use purpose.
Vibration: The periodic displacement, measured in inches, of earth at designated frequency cycles per
second.
Warehouse: A structure, part thereof, or an area used principally for the storage of goods and merchandise
for wholesale or distribution, excluding bulk storage of materials that are inflammable or explosive or that present
hazards.
Yard: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise
provided in this title.
Yard, front: A yard extending along the full width of a front lot line between the side lot lines, and has a
depth between the front lot line and the front yard line.
Yard, interior side: A side yard which adjoins another lot or an alley separating such side yard from another
lot.
Yard line: A line in a lot that is parallel to the lot line along which the applicable yard extends and which is not
nearer to such lot line at any point than the required depth or width of the applicable y ard. A building, structure or
other obstruction shall not encroach into the area between the "yard line" and such adjacent lot line, except for
such permitted obstructions in yards as are set forth in this title. (See section 10 -2-4 of this chapter for diagram.)
Yard, rear: A yard extending along the width of the rear lot line between the side lot lines, and from the rear
lot line to the rear yard line in depth.
Yard, side: A yard extending along the length of a side lot line between the rear yard line and front yard line,
from the side yard line to the side lot line in width.
Yard, side adjoining a street: A yard which is bounded by the front lot line, side yard adjoining a street line
and rear lot line.
Yard, transitional: A yard that must be provided on a lot in a business district which adjoins a lot in a
residential district as a buffer and subject to regulations provided in the landscape ordinance.
Zone: A "district", as defined in this section.
Zoning Board of Appeals: See title 2, chapter 2 of this Code.
(Ord. 2014-73, 11-25-2014; amd. Ord. 2015-32, 6-9-2015; Ord. 2016-35, 4-26-2016; Ord. 2017-02, 1-24-2017; Ord.
2017-32, 5-23-2017; Ord. 2019-08, 1-29-2019; Ord. 2019-29, 5-14-2019; Ord. 2019-40, 7-23-2019)
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 19 of 37
10-6-0: Use tables:
TABLE 10.06.01
RESIDENTIAL USES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Dwelling,
duplex
- - - - - - P P P - - - - - - -
Dwelling,
multi-family
- - - - - - - P P - P2 S2 S2 S2 S2 S2
Dwelling,
single-family
P - - P P P P P P - - - - - - -
Dwelling,
townhouse
- - - - - - - P P - - - - - - -
Mobile home
park
- - - - - - - S1 S1 - - - - - - -
Short-term
rental
- - - P P P P P P - - - - - - -
P = Permitted use S = Special use - = Not permitted use
Notes:
1. 10 acre minimum.
2. Apartments above the first floor in a building used for business or as live/work space above a manufacturing use
shall be permitted up to a maximum of 2 apartments.
(Ord. 2014-73, 11-25-2014; amd. Ord. 2019-29, 5-14-2019)
TABLE 10.06.02
INSTITUTIONAL USES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Cemetery S S S S S S S S S - - - - - - -
College,
university or
junior
college
S - - S S S S S S P P P P P - -
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 20 of 37
Hospital S - - S S S S S S - P P P P - -
Library - - - - - - - - - P P P P P - -
Nursing
home/rest
home
S - - S S S S S S - P P - -
Philanthropic
institution
S - - S S S S S S - - - - - - -
Religious
institution,
large
S - - S S S S S S P P P P P S S
Religious
institution,
small
S - - S S S S S S P P P P P S S
School,
public or
private
- - - P P P P P P - - - - - - -
P = Permitted use S = Special use - = Not permitted use
(Ord. 2014-73, 11-25-2014)
TABLE 10.06.03
BUSINESS USES
Use Category Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Adult daycare facility - - S S S S S S - S S S S S S S
Adult oriented uses - - - - - - - - - - - - - - S S
Advertising agency - - - - - - - - - P P P P P - -
Agricultural implement
sales, storage and
services of agriculturally
oriented products2
S - - - - - - - - - - - S P - -
Agricultural uses P S S - - - - - - - - - - - - -
Amphitheater - - P - - - - - - - S S S S S S
Amusement park S - S - - - - - - - - - S S S S
Animal feed, storage
preparation, mixing and
wholesale and retail
S
Animal hospital S - - - - - - - - - - - S - -
Antique sales - - - S - S - S S - P P P P - -
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 21 of 37
Apiaries P - - - - - - - - - - - - - - -
Appliance - service - - - - - - - - - - - - P P - -
Art galleries/art studio - - - - - - - - - - - P P P P P
Auction house P - - - - - - - - - - - - P - -
Automobile
parts/accessories sales
- - - - - - - - - - - P P P - -
Automobile rental - - - - - - - - - - - P P P - -
Automobile repair - - - - - - - - - - - - P P P P
Automobile sales and
service/
open sales lot
- - - - - - - - - - - - P P - -
Bakery, retail - - - - - - - - - - P P P P S1 S1
Bank with drive-through
facilities
- - - - - - - - - P P P P P - -
Barber/beauty shop - - - - - - - - - P P P P P - -
Bed and breakfast inn S - - S S - - - - - S S S - - -
Bicycle shop/repair - - - - - - - - - - - P P P - -
Billiard parlor - - - - - - - - - - S P P P - -
Boat sales and rental - S S - - - - - - - P P P P - -
Boat storage - S S - - - - - - - S S S S S S
Bookkeeping service - - - - - - - - - P P P P P - -
Bookstore - - - - - - - - - - P P P P - -
Bowling alley - - - - - - - - - - - P P P - -
Brewery - - - - - - - - - - S S S S P P
Brewpub - - - - - - - - - - P P P P P P
Building equipment,
building materials,
lumber, coal, sand and
gravel yards, and yards
for contracting
equipment of public
agencies, or public
utilities, or materials or
equipment of similar
nature, ready mix batch
plants, and asphalt
manufacturing plants
- - - - - - - - - - - - - - S S
Building material sales - - - - - - - - - - - - P P - -
Campground S - S - - - - - - - - - - - - -
Car wash without
mechanical repair
- - - - - - - - - - - - P P P P
Carpet and rug cleaning - - - - - - - - - - - - - - P P
Catering service - - - - - - - - - - - - P P - -
Formatted: Highlight
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 22 of 37
Clothes - pressing and
repair
- - - - - - - - - - P P P P - -
Club/lodge, private2 S - - - - - - - - P P P P P - S
Coffee shop - - - - - - - - - P P P P P - -
Commercial feeding of
fish, poultry, livestock
S - - - - - - - - - - - - - - -
Commercial laboratory - - - - - - - - - P P P P P - -
Commercial school,
trade school - offering
training in classroom
study
- - - - - - - - - P P P P P S S
Community center - - P - - S S S S - P P P P S S
Contractor facilities with
outdoor storage
- - - - - - - - - - - - - - S S
Contractor offices - - - - - - - - - - - - - - P P
Cultivation of nonfood
crops and seeds used of
cellulosic biofuels
production
P - - - - - - - - - - - - - - -
Dance hall - - - - - - - - - - - P P P - -
Daycare facility and
preschools
S - S S S S S S - S S S S S S S
Department store - - - - - - - - - - - P P P - -
Detective agency - - - - - - - - - P P P P P - -
Dressmaker-seamstress - - - - - - - - - - P P P P - -
Dry cleaning
establishment
- - - - - - - - - S P P P P - -
Dry cleaning plant - - - - - - - - - - - - - - S S
Employment office - - - - - - - - - P P P P P - -
Farming P S S - - - - - - - - - - - - -
Fertilizer sales with
storage and mixture
S - - - - - - - - - - - - - - -
Forestation P - - - - - - - - - - - - - - -
Funeral home/
mortuary/
crematorium
- - - - - - - - - - P P P P - -
Furniture repair and
refinishing
- - - - - - - - - - - - P P - -
Gasoline service station - - - - - - - - - - - S S S S S
Golf course2 S - S P P P P P P - - - - - - -
Golf course, miniature S - - - - - - - - - - - P P - -
Golf driving range S - S - - - - - - - - - P P - -
Grain elevators and
storage
P - - - - - - - - - - - - - - -
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 23 of 37
Grocery store - - - - - - - - - - P P P P - -
Health and fitness
club/center
- - - - - - - - - - - P P P P -
Heavy machinery and
equipment rental
- - - - - - - - - - - - - - P P
Hotel/motel/motor
lodges/tourist courts
- - - - - - - - - - - P P P - -
Indoor shooting
gallery/gun range2
- - - - - - - - - - S S S S S S
Interior decorating
studio
- - - - - - - - - - P P P - -
Kennel, commercial or
private dog kennels
S - - - - - - - - - - - P P - -
Liquor store - - - - - - - - - - P P P P - -
Locksmith - - - - - - - - - - - P P P - -
Massage establishment - - - - - - - - - P P P P P - -
Medical clinic - - - - - - - - - P P P P P - -
Microbrewery/brewpub,
microdistillery and
microwinery2
- - - - - - - - - - P P P P P P
Microdistillery - - - - - - - - - - P P P P P P
Milk processing and
distribution2
S - - - - - - - - - - - - - P P
Motorcycle sales and
service
- - - - - - - - - - - - P P - -
Musical instrument
sales/repair
- - - - - - - - - - - P P P - -
Newspaper publishing - - - - - - - - - - - P P P P P
Nursery/greenhouses S - - - - - - - - - - - P P - -
Off-track betting (OTB)
establishments
- - - - - - - - - - - S - - - -
Outdoor music venues - - P - - - - - - - S S S S S S
Parks - P P P P P P P P P P P P P - -
Pawnbrokers/pawnshops - - - - - - - - - - P P P P - -
Pet stores/pet supply - - - - - - - - - - - P P P - -
Photography
studio/camera repair
shop
- - - - - - - - - - P P P P - -
Playground - P P P P P P P P - P P P P - -
Post office/retail mail or
package service
- - - - - - - - - - P P P P - -
Professional
services/offices
- - - - - - - - - P P P P P - -
Formatted: Highlight
Formatted: Highlight
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 24 of 37
Public storage
facilities/miniwarehouse
storage2
- - - - - - - - - - - - - - S S
Radio and television
studios
- - - - - - - - - - P P P P - -
Recreation center - - P - - - - - - - P P P P P P
Recreational camp -
private
S - S - - - - - - - - - - - - -
Recreational vehicle
sales and service
- - - - - - - - - - - - P P - -
Repair of household or
office machinery or
equipment
- - - - - - - - - - - - - - P P
Resale dealers - - - - - - - - - - P P P P - -
Restaurant, convenience
and fast food
- - - - - - - - - - P P P P - -
Retail store includes
pharmacy/drugstore
- - - - - - - - - S P P P P S -
Riding academies with
stables
S - - - - - - - - - - - - - - -
Roadside stand P - - - - - - - - - - - - - - -
Salvage yard2 S - - - - - - - - - - - - - - S
Semi-truck repair - - - - - - - - - - - - - - P P
Shoe and hat repair - - - - - - - - - - P P P P - -
Skating rink - - S - - - - - - - - - P P - -
Stables or paddocks P - S - - - - - - - - - - - - -
Stadium - - S - - - - - - - - - S S S S
Swimming pool - indoor - - S - - - - - - - P P P P - -
Tattoo and body piercing
establishment
- - - - - - - - - - P P P P P P
Tavern - nightclub or
lounge
- - - - - - - - - - S S S S S S
Taxidermist - - - - - - - - - - - P P P - -
Theater - - - - - - - - - - - P P P - -
Trailer camp/park S - - - - - - - - - P P P P - -
Treatment center - - - - - - - - - - P P P P - -
Truck and trailer rental - - - - - - - - - - - - S P - -
Truck, truck-tractor,
truck trailer, car trailer or
bus storage yard - not
include motor freight
terminal
- - - - - - - - - - - - - - P P
Upholstery shop - - - - - - - - - - - - P P - -
Veterinary clinic - - - - - - - - - - - - P P - -
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 25 of 37
Watch and clock sales
and repair
- - - - - - - - - - - P P P - -
Weaving and mending -
custom
- - - - - - - - - - - P P P - -
P = Permitted use S = Special use - = Not permitted use
Notes:
1. Appurtenant to wholesale.
2. See section 10-6-1, "Special Conditions", of this chapter.
(Ord. 2014-73, 11-25-2014; amd. Ord. 2015-32, 6-9-2015; Ord. 2015-33, 6-9-2015; Ord. 2016-35, 4-26-2016; Ord.
2017-02, 1-24-2017; Ord. 2017-32, 5-23-2017; Ord. 2019-08, 1-29-2019; Ord. 2019-13, 2-26-2019)
TABLE 10.06.04
MANUFACTURING USES
Use Category Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Any assembly,
production,
manufacturing,
testing,
repairing or
processing
that can and
does operate
in compliance
with
performance
standards1
- - - - - - - - - - - - - - P P
Aggregate
materials
extraction,
processing and
site
reclamation
(stone and
gravel
quarries)
- - - - - - - - - - - - - - - S
Bakery
(wholesale -
- - - - - - - - - - - - - - P P
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 26 of 37
retail
component
special use)
Blacksmith or
welding shop
S - - - - - - - - - - - - - P P
Manufacturer
of firearms and
ammunition
- - - - - - - - - - - - - - P P
Medical
cannabis
cultivation
center and
dispensaries1
- - - - - - - - - - - - - - S S
Research
laboratories
- - - - - - - - - - - - - - P P
Wholesaling
and
warehousing -
local cartage
express
facilities - not
including
motor freight
terminal
- - - - - - - - - - - - - - P P
P = Permitted use S = Special use - = Not permitted use
Notes:
1. See section 10-6-1, "Special Conditions", of this chapter.
TABLE 10.06.05
TRANSPORTATION USES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Airport S - - - - - - - - - - - - - S S
Bus or truck
garage or
streetcar
house
- - - - - - - - - - - - - - P P
Bus or truck
storage yard
- - - - - - - - - - - - - - P P
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 27 of 37
Marina - - S - - - - - - - - S S S S S
Motor
freight
terminals
- - - - - - - - - - - - - - S S
Railroad
passenger
station
S - - S S S S S S S S S S S S S
Railroad
repair shops,
maintenance
buildings and
switching
yards
S - - - - - - - - - - - - - - S
Taxicab
business
- - - - - - - - - - - - P P S S
P = Permitted use S = Special use - = Not permitted use
TABLE 10.06.06
UTILITY USES
Use Category Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Communications
use
S - - - - - - - - - - - - - - -
Electric
substation
S S S S S S S S S - P P P P P P
Filtration plant S - - S S S S S S - - - - - P P
Fire station S - - S S S S S S P P P P P P P
Police station S - - S S S S S S P P P P P P P
Public utility -
electric
substations and
distribution
centers, gas
regulation
centers and
underground
gas holder
stations
S S S - - - - - - - - - - - P P
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 28 of 37
Other public
utility facilities
S - S P P P P P P - - - - - P P
Radio and
television
towers -
commercial
S - - S S S S S S - - - - - P P
Sanitary landfill - - - - - - - - - - - - - - S S
Sewage
treatment plant
- - - S S S S S S - - - - - P P
Solid waste
disposal site
- - - - - - - - - S S S S S P P
Utility company
maintenance
yard
- - - - - - - - - - - - - - P P
Utility service
yard or garage
- - - - - - - - - - - - - - P P
Watchman
quarters
(dwelling units)
- - - - - - - - - - - - - - P P
P = Permitted use S = Special use - = Not permitted use
TABLE 10.06.07
ALTERNATIVE ENERGY USES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Solar farm S S S - - - - - - S - - - - - -
Building-
mounted
solar energy
systems
(BSES)
S - P P P P P P P P P P P P P P
Freestanding
solar energy
systems
(FSES)
S S S S S S S S S S S S S S S S
Wind farm S - S - - - - - - S - - - - - -
Building-
mounted
S - P S S S S S S S S S S S S S
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 29 of 37
wind energy
system
(BWES)
Freestanding
wind energy
system
(FWES)
S S S S S S - - - S - - - - S S
P = Permitted use S = Special use - = Not permitted use
TABLE 10.06.08
MISCELLANEOUS USES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Accessory
building/use
and
structures
P P P P P P P P P P P P P P P P
Planned unit
development
(PUD)
S - - S S S S S S S S S S S S S
P = Permitted use S = Special use - = Not permitted use
(Ord. 2014-73, 11-25-2014)
TABLE 10.06.09
ADULT USE CANNABIS BUSINESSES
Use
Category
Zoning Districts
Ag Open
Space
Residential Business Manufacturing
A-
1
OS-
1
OS-
2
E-
1
R-
1
R-
2
R-
2D
R-
3
R-
4
O B-
1
B-
2
B-
3
B-
4
M-1 M-2
Adult-use
cannabis
craft grower
S - - - - - - - - - - - - - S S
Adult-use
cannabis
S - - - - - - - - - - - - - S S
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 30 of 37
cultivation
center
Adult-use
cannabis
dispensing
organization
- - - - - - - - - - - - S - S S
Adult-use
cannabis
infuser
organization
or infuser
- - - - - - - - - - - - S - S S
Adult-use
cannabis
processing
organization
or processor
- - - - - - - - - - - - - - S S
Adult-use
cannabis
transporting
organization
or
transporter
- - - - - - - - - - - - - - S S
P = Permitted use S = Special use - = Not permitted use
(Ord. 2019-84, 11-26-2019)
10-6-1: Special conditions:
A. Agricultural implementation sales, storage and service of agriculturally oriented products:
1. Sales yards, wholesale or retail, for agricultural products in A-1, Agricultural District; refer to section 10-
9-3, "Special Uses", of this title.
B. Club/lodge, private:
1. Private clubs or lodges in A-1, Agricultural District; refer to section 10-9-3, "Special Uses", of this title.
C. Golf courses:
1. Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be
nearer than five hundred feet (500') to any dwelling on an adjacent zoning lot.
2. Golf courses, miniature golf courses and driving ranges in A-1, Agricultural District; refer to section 10-
9-3, "Special Uses", of this title.
D. Indoor shooting galleries/gun ranges:
1. When located in a multiple-tenant building, shall only be located in an end unit and with the
gallery/range not adjacent to an adjoining unit.
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 31 of 37
2. The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty feet (50')
from any property line that abuts a residentially zoned property.
3. The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty-five
percent (25%) of the total floor area.
E. Manufacturing uses:
1. All business, production, servicing and processing shall take place within completely enclosed buildings
unless otherwise specified. Within one hundred fifty feet (150') of a residence district, all storage shall
be in completely enclosed buildings or structures, and storage located elsewhere in the manufacturing
districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or
gates thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage and
suitably landscaped.
2. However, open off-street loading facilities and open off-street parking of motor vehicles under one and
one-half (1½) tons' capacity may be unenclosed throughout the manufacturing districts, except for
such screening of parking and loading facilities as may be required under provisions of chapter 16 of
this title.
F. Medical cannabis cultivation center:
. Cultivation center and medical cannabis dispensing organization in compliance with the Compassionate
Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., provided, that the distance
requirements set forth in that Act are also required for public parks and religious institutions for such
use.
G. Microbrewery/bBrewpubs:
1. Microbreweries/brewpubsBrewpubs, where operations will be ancillary to a restaurant or eating
establishment, and the brewing component of the facility shall be no more than twenty -five percent (25%) of
the total floor area. Iif off-premises consumption is allowed, all sales must be in a hand capped, sealed
container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per
calendar year inclusive of on-premises and off-premises sales.
2. Microbrewery/brewpub operations will be ancillary to a restaurant or eating establishment, and the
brewing component of the facility shall be no more than twenty-five percent (25%) of the total floor
area.
H. Microbreweries/microwineries and Microdistilleries and microwineries:
1. Microbreweries where if off-premises consumption is allowed, all sales must be in a hand capped,
sealed container with a total maximum production of one hundred fifty-five thousand (155,000)
gallons per calendar year inclusive of on-premises and off-premises sales.
2. Outdoor storage of equipment, production waste or product for microdistilleries and microwineries is
strictly prohibited when located in a business district. However, outdoor storage of spent grains or
grapes may be permitted to be stored outdoors in appropriate silos or containers in the manufacturing
districts, provided the storage is screened from public view. Screening may be with fencing,
landscaping or a combination of both.
23. All microdistilleries and microwineries are subject to chapter 13, article C, "Performance Standards", of
this title with regards to foul odors, fire and explosive hazards and smoke.
34. All microdistilleries and microwineries located in business districts must have off -street or rear
accessible loading and unloading facilities.
Formatted: Highlight
Formatted: List 1
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 32 of 37
45. Microdistilleries or microwineries located in business districts must include an ancillary tasting room
with a minimum of one hundred fifty (150) square feet. Retail sales of the product from a
microdistillery or microwinery are permitted on-site and shall be consistent with state and City laws.
I. Milk processing and distribution:
1. When located in the A-1, agricultural district milk processing and distribution, including pasteurizing
and manufacture of ice cream, but not including the processing or manufacture of cheese, shall be
considered a special use.
J. Public storage facilities/miniwarehouse storage:
1. Whenever a special use is granted for miniwarehouse storage under the M-1 zoning district or any
other permitted zoning district, the following restrictions shall apply:
a. If the facility is within one hundred fifty feet (150') of a residential district, all storage shall be in
completely enclosed buildings or structures, and storage located elsewhere in this district may be
open to the sky, but shall be enclosed by solid walls or fences (including solid doors or gates
thereto) at least eight feet (8') high, but in no case lower in height than the enclosed storage
buildings and suitably landscaped consistent with the City's landscape ordin ance.
b. A minimum of three (3) parking spaces shall be provided.
c. There shall be a minimum of twenty feet (20') between buildings.
K. Salvage yards:
1. Salvage yards in A-1, agricultural district; refer to section 10-9-3, "Special Uses", of this title.
L. Cannabis businesses:
1. Definitions:
Cannabis craft grower: A facility operated by an organization or business that is licensed by the Illinois
Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary
activities to make cannabis available for sale at a dispensing organization or use at a processing
organization, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from
time to time, and regulations promulgated thereunder.
Cannabis cultivation center: A facility operated by an organization or business that is licensed by the
Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to
provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the
Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time to time, and
regulations promulgated thereunder.
Cannabis dispensing facility or dispensary: A facility operated by an organization or business that is
licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from
licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-
infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified
registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act (P.A.
101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
Cannabis infuser facility or infuser: A facility operated by an organization or business that is licensed by
the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a
product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act
(P.A. 101-0027), as it may be amended from time to time, and regulations promulgated thereunder.
Cannabis processing facility or processor: A facility operated by an organization or business that is
licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 33 of 37
to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act (P.A. 101 -0027),
as it may be amended from time to time, and regulations promulgated thereunder.
Cannabis transporting business or transporter: An organization or business that is licensed by the
Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment
or a community college licensed under the Community College Cannabis Vocational Training Pilot
Program, per the Cannabis Regulation and Tax Act (P.A. 101 -0027), as it may be amended from time to
time, and regulations promulgated thereunder.
2. Special use distance requirements and restrictions:
a. Cannabis craft grower:
(1) Facility may not be located within five hundred feet (500') of the property line of a pre -
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutions,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located within two hundred fifty feet (250') of the property line of a
pre-existing property zoned or used for residential purposes, unless in the A-1 zoning
district where the residential use is owned by the same owner as the adult -use cannabis
craft grower, regardless of corporate boundary.
(3) Facility may not conduct any sales or distribution of cannabis other than as authorized by
the Act.
(4) Cannabis craft growers may co-locate with a dispensing organization or a cannabis infuser
organization, or both, only on properties zoned within the M-1 or M-2 districts.
(5) For purposes of determining required parking, cannabis craft grower shall be classified as
"industrial uses" per section 10-16-3 Off-Street Parking Requirements, provided, however,
that the City may require that additional parking as part of the special use conditions.
(6) Cannabis craft grower shall be limited to one (1) facility within the boundaries of the City.
b. Cannabis cultivation center:
(1) Facility may not be located within five hundred feet (500') of the property line of a pre -
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutions,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located within two hundred fifty feet (250') of the property line of a
pre-existing property zoned or used for residential purposes, regardless of corporate
boundary.
(3) Facility may not conduct any sales or distribution of cannabis other than as authorized by
the Act.
(4) For purposes of determining required parking, adult-use cannabis craft growers shall be
classified as "industrial uses" per section 10-16-3 Off-Street Parking Requirements,
provided, however, that the City may require that additional parking as part of the special
use conditions.
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 34 of 37
(5) Cannabis cultivation center shall be limited to one (1) facility within the boundaries of the
City.
c. Cannabis dispensing organization:
(1) Facility may not be located within five hundred feet (500') of the property line of a pre -
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutio ns,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the
property line of a pre-existing property zoned or used for residential purposes, regardless
of corporate boundary.
(3) Facility shall have a maximum gross floor area of five thousand (5,000) square feet, of
which at least seventy-five percent (75%) of the floor area occupied by a dispensing
organization shall be devoted solely to the activities the dispensing cannabis or cannabis
products as authorized by the Act, and shall not sell food or alcohol for consumption on the
premises.
(4) Drive-through facilities are prohibited.
(5) E-commerce delivery service platforms are prohibited.
(6) The facility shall be classified as "commercial uses" per section 10-16-3 Off-Street Parking
Requirements, provided, however, that the City may require that additional parking as part
of the special use conditions.
(7) Cannabis dispensing organizations shall be limited to one (1) facility within the boundaries
of the City.
d. Cannabis infuser organization:
(1) Facility may not be located within five hundred feet (500') of the property line of a pre-
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutions,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the
property line of a pre-existing property zoned or used for residential purposes, regardless
of corporate boundary.
(3) Infuser organizations may co-locate with a dispensing organization or a cannabis craft
grower organizations, or both, only on properties zoned within the M-1 or M-2 districts. In
such instances, the maximum gross floor area dedicated to the dispensing organization
shall be five thousand (5,000) square feet of which seventy -five percent (75%) of the floor
area must be devoted to the activities authorized by the Act.
(4) For purposes of determining required parking, said facilities shall be classified as "industrial
uses" per section 10-16-3 Off-Street Parking Requirements, provided, however, that the
City may require that additional parking as part of the special use conditions.
(5) Cannabis infuser organizations shall be limited to one (1) facility within the boundaries of
the City.
e. Cannabis processing organization:
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 35 of 37
(1) Facility may not be located within five hundred feet (500') of the property line of a pre -
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutions,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the
property line of a pre-existing property zoned or used for residential purposes, regardless
of corporate boundary.
(3) At least seventy-five percent (75%) of the floor area occupied by a dispensing organization
shall be devoted solely to the activities the dispensing cannabis or cannabis products as
authorized by the Act, and shall not sell food or alcohol for consumption on the premises.
(4) For purposes of determining required parking, said facilities shall be classified as "industrial
uses" per section 10-16-3 Off-Street Parking Requirements, provided, however, that the
City may require that additional parking as part of the special use conditions.
(5) Cannabis processing organizations shall be limited to one (1) facility within the boundaries
of the City.
f. Cannabis transporting organization:
(1) Facility may not be located within five hundred feet (500') of the property line of a pre-
existing public or private nursery school, preschool, primary or secondary school, day care
center, day care home, residential care home, public parks or religious institutions,
regardless of corporate boundary. Commercial/trade schools shall not be classified as a
public or private school for purposes of this section.
(2) Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the
property line of a pre-existing property zoned or used for residential purposes, regardless
of corporate boundary.
(3) The transporting organization shall be the sole use of the space in which it is located.
Facility may not conduct any sales or distribution of cannabis other than as authorized by
the Act.
(4) For purposes of determining required parking, said facilities shall be classified as "industrial
uses" per section 10-16-3 Off-Street Parking Requirements, provided, however, that the
City may require that additional parking as part of the special use conditions.
(5) Cannabis transporting organization shall be limited to one (1) within the boundaries of the
City.
3. Business hours: Business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m.
Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays.
4. On-premises consumption: On-premises consumption of cannabis products in all cannabis businesses
operations is prohibited.
5. Signage:
a. Recreational cannabis dispensaries shall be limited to one (1) wall -mounted sign per business.
b. All cannabis establishments shall be prohibited from having electronic message board signs.
c. Signage for cannabis establishments shall not contain cannabis imagery such as leaves, plants,
smoke, paraphernalia, or cartoonish imageries.
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 36 of 37
6. Special use application requirements:
a. Applicant name and the business name of the proposed adult use cannabis establishment for
which the special use is sought, including addresses, telephone numbers and e -mail addresses of:
(1) sole proprietors; (2) business entities with financial interest in the business, and (3) all
officers, directors, partners, managers and owners. A post office box may not be submitted as
the address of the applicant.
b. Copy of licensure or registration that the organization is authorized to conduct an adult use
cannabis business establishment in the State of Illinois.
c. The commonly known address, permanent index number (PIN) and legal description of the
proposed location of the adult-use cannabis establishment.
d. Property ownership information. Written statement that the applicant owns or has under
contract the property of the proposed adult-use cannabis establishment.
e. The proposed hours of operation.
f. Copy of a business plan to be kept on file with the Yorkville Police Department and confidential to
the extent permitted by law, including but not limited to the following:
(1) Proposed number of employees.
(2) A description of the products and services that the proposed adult use cannabis
establishment will offer.
(3) Description or statement of training and education that will be provided to the proposed
adult use cannabis dispensary agents/staff.
(4) A security plan that will describe how the proposed use will address concerns related to
inventory tracking and prevention of theft; measures to control customer overflow and
access to restricted areas; employee restrictions to limited access areas and restricted area;
and video surveillance/alarm system.
g. Aerial map of the subject property identifying the current zoning and land uses of all surrounding
parcels within five hundred feet (500').
h. Site plan including, but not limited to, nearest utility connection, points of access, internal site
circulation, lighting/photometric plan, landscape plan, off-street parking, trip generation
calculations.
i. Floor plans and elevations of proposed adult use cannabis establishment, including the location
of enclosed and secured loading and trash handling and disposal facilities.
j. Signage plans.
k. Information on co-location with another adult-use cannabis establishment.
7. Standards for special use for cannabis businesses:
a. Impact of the proposed facility on the existing or planned uses located within the vicinity of the
subject property.
b. Suitability of the proposed facility and its co-location with another cannabis business
establishment.
c. Adequate waste management plan for the storage, security and disposal of discarded cannabis
products and materials.
d. Distance to existing cannabis establishment.
Created: 2022-01-07 11:53:25 [EST]
(Supp. No. 2)
Page 37 of 37
(Ord. 2014-73, 11-25-2014; amd. Ord. 2015-32, 6-9-2015; Ord. 2019-84, 11-26-2019)