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Ordinance 2022-22 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2022-22 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE ZONING ORDINANCE REGARDING THE DEFINITION OF A MICROBREWERY/BREWPUB/MICROWINERY Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 14th day of June,2022 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on June 22,2022. Ordinance No. 2022-22 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AMENDING THE ZONING ORDINANCE REGARDING THE DEFINITION OF A MICROBREWERY/BREWPUB/MICROWINERY WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the United City of Yorkville Zoning Ordinance ("Zoning Ordinance") the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to remove the definition of a "microbrewery or brewpub" and "microwinery" and establish new definitions for a"brewpub"and"microbrewery/microwinery"; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to provide "brewpub", "microbrewery/microwinery", and "microdistillery" as their own line items in Table 10.06.03 and be permitted in the B-1, B-2, B-3, B-4, M-1 and M-2 zoning districts; and, WHEREAS, the City filed a petition seeking an amendment to the Zoning Ordinance to change the language in the special conditions in Section 10-6-1 regarding brewpubs, microbreweries, microwineries, and microdistilleries to reflect the proposed new definitions; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on May 11, 2022, to consider each of these requests and made findings of fact and recommendations to the City Council to approve all of the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2: That a Section 10-2-3 of the United City of Yorkville Zoning Ordinance is hereby amended by deleting the definitions for"Microbrewery or Brewpub"and"Microwinery" and adding the following definitions: 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. Ordinance No.2022-22 Page 1 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. Section 3: That a Section 10-6-0, Table 10.06.03 of the United City of Yorkville Zoning Ordinance delete the land use category of"Microbrewery/brewpub, microdistillery and microwinery" and add the land uses as follows: 9, 2 rn ro 70 z ro x tz to CO to 4 -- r.. N N W C o-- N W r N Brewpub2 - - - - - - - - - - PPP PPP Microbrewery/microwinery2 - - - - - - - - - - PP P PPP Microdistillery2 - - - - - - - - - - PP P PP P Section 4: That a Section 10-6-1-G of the United City of Yorkville Zoning Ordinance is hereby amended by deleting the existing language in subsection G and replacing it as follows: 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. Section 5: That a Section 10-6-1-H of the United City of Yorkville Zoning Ordinance is hereby amended by deleting the existing language in subsection H and replacing it as follows: 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 Ordinance No.2022-22 Page 2 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. Section 6: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of June, A.D. 2022. CIT CLERK DAN TRANSIER AYE KEN KOCH AYE CRAIG SOLING AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 21S}day of Jun , A.D. 2022. MAYOR Ordinance No.2022-22 Page 3