Unified Development Ordinance Advisory Committee Packet 2023 02-23-23
UNIFIED DEVELOPMENT ORDINANCE
ADVISORY COMMITTEE AGENDA
Thursday, February 23, 2023
6:30 PM
Yorkville City Hall Council Chambers
800 Game Farm Road
Meeting Called to Order: 6:30 p.m.
Roll Call:
Establishment of Quorum
Previous meeting minutes: October 13, 2022
Citizen’s Comments:
1. Introduction
2. Review of Materials
a. First Draft of Revised Chapter
3. Committee Comments and Questions
4. Adjournment
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
DRAFT
Page 1 of 2
MINUTES OF UNIFIED DEVELOPMENT ORDINANCE
ADVISORY COMMITTEE MEETING
Thursday, October 13, 2022 6:30pm
City Hall Conference Room
800 Game Farm Road, Yorkville, Il
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 United City of Yorkville is encouraging social distancing by allowing remote attendance at the UDO
Advisory Committee meeting due to the ongoing Covid-19 pandemic.
Meeting Called to Order
The meeting was called to order at 6:34pm by Chairman Chris Funkhouser and a quorum was established.
Roll Call & Establishment of Quorum
Committee Members:
Chris Funkhouser, Chairman/Alderman/in-person
Jeff Olson, PZC Chairman/remote attendance
Deborah Horaz, PZC Member/remote attendance
Dan Transier, Alderman/in-person
David Schultz, HR Green/in-person
Others Present:
Krysti Barksdale-Noble, Community Development Director/in-person
Jason Engberg, Senior Planner/in-person
Ruben Shell, Houseal Lavigne/in-person
Previous Meeting Minutes August 18, 2022
The minutes were approved as presented.
Citizens Comments None
1. Introduction
Mr. Ruben Shell of Houseal Lavigne was present to review the Chapter 9 definitions at this meeting. Mr.
Engberg said he attached comments from Chapter 7 and 8 so the committee could review the newest version.
Mr. Shell gave a PowerPoint presentation and said his team has been drafting the ordinance sections as they are
reviewed by the committee. He said they are finalizing the sections and he identified the specific topics that
have been revised. The intent of Chapter 9 is to define the terms used throughout all the chapters. He said a
few definitions were identified for discussion at this meeting, specifically, commercial/trade school and sign area
pertaining to wall signs.
Mr. Engberg addressed these discussion points. He said staff needed direction for a development application for
a more commercial use in a manufacturing zone and he asked if the definitions should be reconfigured and if
more commercial uses should be allowed in the manufacturing zone. The second question pertained to the
manner in which a wall sign is defined and measured. The Committee addressed these two points.
Chairman Funkhouser said the definition of a trade school could allow a bit more flexibility. Applications have
been submitted recently for a couple of the zoning districts to allow a trade schools or a commercial use. The
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definition is such that the matter has to go to Council for a decision, since it is not allowed at this time. He asked
for a staff recommendation to make this more accommodating. After discussion, Mr. Engberg said the definition
would not need to be changed and Ms. Noble said staff could develop use standards to outright permit
commercial uses. She said the issue is traffic flow since Yorkville's industrial area is not set up for high volumes
of commercial traffic. Mr. Transier asked if use standards would dictate when the business could be open. Ms.
Noble said it might require a transportation plan, for example, for a school. Mr. Transier noted the traffic issues
that have recently occurred with a school on the south end of town. Mr. Engberg also suggested a wayfinding
plan.
The second question was calculation for wall sign size. The committee discussed this at length and noted there
was a variance request from Cork Keg and Liquor where a conforming sign became non-conforming due to the
code having been changed. Chairman Funkhouser said he wants the code to be flexible and Ms. Noble added
that the goal is proportionality. The committee decided to keep the language as written and Ms. Noble also noted
that staff has authority to handle similar matters administratively.
2. Review of Materials
3. Committee Comments and Questions
a. Chapter 9: Definitions
Mr. Olson asked staff to review changes made and the reason for the change. Those revisions are: structure is
defined as a pergola or gazebo while a building could be a poolhouse; artisan manufacturing is a new use;
addition was clarified as a 3-season room for example; brewpubs, micro-wineries, etc. have new definitions; auto
sales & service was defined in case a business such as Carvana came to the city; data center was added; family
homes was replaced with dwelling units; floor area net was added relating to parking; lot definitions were kept
for depth/frontage/interior. Alderman Transier asked for definitions for grain elevator vs. grain bin as a result of
a recent court case.
In addition, language was removed that required a license in the Professional Services and Office classification;
animal hospital and veterinarians are defined separately; tents have been defined as a temporary use; vehicle
charging stations have now been defined; public storage facilities and temporary storage at residences are
defined separately. Ms. Horaz had several questions pertaining to the following: crematoriums were removed
from uses and incorporated into funeral homes; buildable area is no longer used in the UDO, but it could be
added back as general language when referring to setbacks; building line was removed since setbacks are used;
contractor offices/facilities has been moved to “c”. Mr. Engberg will check on the term curb level; density has
been changed to gross density; group home is now considered a residential use.
Comments on Chapters 7 & 8 can be sent to staff since a draft will soon be available as the UDO process nears
completion.
4. Adjournment
There was no further business and the meeting adjourned at 7:27pm.
Minutes respectfully submitted by Marlys Young, Minute Taker
United City of Yorkville Chapter 1. General Provisions
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Chapter 1. General Provisions
Title.......................................................................................................................................................................................1
Authority...............................................................................................................................................................................1
Applicability...........................................................................................................................................................................1
Intent and Purpose...............................................................................................................................................................1
Interpretation and Severability..............................................................................................................................................2
Scope of Regulations ...........................................................................................................................................................3
Severability...........................................................................................................................................................................3
Title
A. This title, including the zoning district map made a part hereof and all amendments hereto, shall be known, cited and
referred to as the United City of Yorkville Zoning Unified Development Ordinance.
Authority
A. This zoning ordinance Unified Development Ordinance is adopted pursuant to the powers granted and the limitations
imposed by Illinois State law.
Applicability
A. Unless otherwise expressly exempt, the zoning ordinanceUnified Development Ordinance applies to all land uses,
structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as
allowed by Illinois State law.
Intent and Purpose
A. This title is adopted with the intent to set forth regulations and standards for the following purposes:
1. To promote and protect the public health, safety, morals, comfort and general welfare of the people;
2. To divide the City into zoning districts r regulating the location, erection, construction, reconstruction, alteration and use
of buildings, structures and land for residence, business and manufacturing and other specified uses;
3. To protect the character and the stability of the residential, business and manufacturing areas within the City and to
promote the orderly and beneficial development of such areas;
4. To provide adequate light, air, privacy and convenience of access to property;
5. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary
to provide adequate light and air to protect the public health;
6. To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses
within such areas;
United City of Yorkville Chapter 1. General Provisions
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7. To fix reasonable standards to which buildings or structures shall conform therein;
8. To prohibit uses, buildings or structures incompatible with the character of development or intended uses within
specified zoning districts;
9. To prevent additions to, or alteration or remodeling of certain existing nonconforming buildings imposed hereunder;
10. To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by
providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;
11. To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort
and general welfare;
12. To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in
each district, by regulating the use and bulk of buildings in relation to the land surrounding them;
13. To conserve the taxable value of land and buildings throughout the City;
14. To encourage innovative and low impact development techniques through the reduction of stormwater runoff,
minimizing erosion control and preserving existing natural drainage systems in connection with the development of
land;
15. To promote pedestrian circulation through a well designed system of shared use trails which allows access to local and
regional destinations;
16. To promote, preserve and enhance those buildings and structures within certain areas of the City that are of historical
importance;
17. To promote and regulate the use of alternative and renewable energy solutions;
18. To ensure the objectives of the comprehensive plan are considered;
19. To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely
affecting the character and value of desirable development in each district;
20. To define and limit the powers and duties of the administrative officers and bodies as provided herein;
21. To prescribe penalties for the violation of the provisions of the zoning ordinance, or of any amendment thereto; and
22. To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway
standards; availability of utilities; and schools and park development are applied to all properties within the city's
corporate limits.
Interpretation and Severability
A.Minimum Requirements. The provisions of this title shall be held to be the minimum requirements for the promotion of
public health, safety, morals, and welfare.
B.Relationship With Other Laws.Where the conditions imposed by any provisions of this title upon the use of land or
buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by
any other provisions of this title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are
more restrictive (or which impose higher standards or requirements) shall govern.
C.Existing Agreements.This title is not intended to abrogate any easement, covenant or any other private agreement;
provided, that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such
easements, covenants or other private agreements, the requirements of this title shall govern.
United City of Yorkville Chapter 1. General Provisions
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Scope of Regulations
A.Changes in Structures or Use.Except as may otherwise be provided in Chapter 15 9 of this title, all buildings erected
hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring
hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this
title which are applicable to the zoning districts in which such buildings, uses or land shall be located.
B.Nonconforming Buildings, Structures and Uses.Any lawful building, structure or use existing at the effective date hereof
may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in
which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued,
subject to the provisions of Chapter 15 9 of this title.
C.Building Permits.When a building permit for a building or structure has been issued in accordance with law prior to the
effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently
prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis
of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of
occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 15 9 of this title.
D.Existing Special Uses.Where a use is classified as a special use under this title, and exists as a permitted use at the
effective date hereof, it shall be considered as a legal Special Use without further action of the City Council or the Zoning
Administrator.
Severability
A.Severability.If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title, or any
amendment hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said
provision to any other building, structure or parcel of land not specifically included in said judgment.
United City of Yorkville Chapter 2. Definitions
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Chapter 2. Definitions
10-2-1. “A” Definitions ....................................................................................................................................................................... 1
10-2-2. “B” Definitions ....................................................................................................................................................................... 4
10-2-3. “C” Definitions ....................................................................................................................................................................... 5
10-2-4. “D” Definitions ....................................................................................................................................................................... 7
10-2-5. “E” Definitions ..................................................................................................................................................................... 98
10-2-6. “F” Definitions ....................................................................................................................................................................... 9
10-2-7. “G” Definitions ..................................................................................................................................................................... 11
10-2-8. “H” Definitions .................................................................................................................................................................... 12
10-2-9. “I” Definitions ...................................................................................................................................................................... 12
10-2-10. “K” Definitions ............................................................................................................................................................... 1312
10-2-11. “L” Definitions ................................................................................................................................................................... 13
10-2-12. “M” Definitions .................................................................................................................................................................. 14
10-2-13. “N” Definitions ................................................................................................................................................................... 15
10-2-14. “O” Definitions ................................................................................................................................................................... 15
10-2-15. “P” Definitions ............................................................................................................................................................... 1716
10-2-16. “R” Definitions ............................................................................................................................................................... 1917
10-2-17. “S” Definitions ............................................................................................................................................................... 2018
10-2-18. “T” Definitions ............................................................................................................................................................... 2523
10-2-19. “U” Definitions ............................................................................................................................................................... 2523
10-2-20. “V” Definitions ............................................................................................................................................................... 2624
10-2-21. “W” Definitions .............................................................................................................................................................. 2624
10-2-22. “Y” Definitions ............................................................................................................................................................... 2624
10-2-23. “Z” Definitions ............................................................................................................................................................... 2725
10-2-1. “A” Definitions
A. Abutting: To have a common property line or zoning district.
B. Accessory Commercial Unit: Activities that are secondary to a principal use in the residential use category as established
in this title. Accessory Commercial Units have use-specific standards that apply to ensure they will not deter from the
character or livability of the surrounding neighborhood, that they remain subordinate to the residential use, and that the
residential viability of the dwelling is maintained.
C. Accessory Building: A subordinate building attached to or detached from the principal building or use, but located on the
same zoning lot. Accessory buildings shall have a permanent foundation and include garages and storage sheds.
Commented [JE1]: Should we add reserved sections for the
letters “J” “Q” and “X”
United City of Yorkville Chapter 2. Definitions
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D. Accessory Structure, Permanent: A subordinate structure located on the same lot as a principal building or use and
intended to be permanently affixed to the ground on the property. Permanent accessory structures are structures that do not
have permanent foundations and include pools, gazebos, and sheds, and attached accessory structures such as a three-
season room, covered porch, or roofed patio.
E. Accessory Structure, Temporary: A subordinate structure located on the same lot as a principal building or use and not
intended to be permanently affixed to the ground on the property. Temporary accessory structures shall not have permanent
foundations and shall include structures used for construction purposes, roadside stands, and other accessory structures
established for a limited duration.
F. Accessory Use: A use on the same lot with, and a nature customarily incidental and subordinate to, the principal use or
structure.
G. Acre: A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.
H. Addition: An expansion of the principal or accessory building that is indistinguishable from the original building and utilizes
the heating, cooling, electrical and plumbing systems from the original construction and has been incorporated into the
original building thermal envelope. Any attached permanent accessory structure such as a three- season room, covered
porch or roofed patio that does not have heating, ventilation or air-conditioned systems or enclosed by glass is not
considered a building addition.
I. Adult Day Care: A program of services provided for functionally-impaired adults who do not require 24-hour institutional
care, and yet who are in need of an adult day care program directed toward maintaining physical and mental health, and
should be a structured, comprehensive program providing a variety of health, social, and related support services in a
protective setting for a period of time less than 24 hours.
J. Adult Use: A public or private establishment that contains a substantial or significant portion of sales, stock, or
entertainment for sale or viewing on premises which are distinguished or characterized by their emphasis on matter
depicting, describing, relating to, or engaging patrons in “specified sexual activities.”
J.K. Aggregate Materials Extraction: ADD DEFINITION
K.L. 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, poultry, 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.
L.M. Airport: Any area of land designated, set aside, used, or intended for use, for the landing and takeoff of passenger or
commercial aircraft, and any appurtenant areas and uses such as airport buildings or other airport facilities, including
approach zones.
M.N. 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.
N.O. Alley: A right-of-way primarily designed to serve as secondary access to the side or rear of properties whose principal
frontage is on another street.
P. Alternative Tower Structure: Manmade trees, clock towers, bell steeples, light poles and similar alternative design
mounting structures that camouflage or conceal the presence of antennas and towers.
O.Q. Amusement Park: A commercially operated park with a predominance of outdoor games and activities for entertainment,
including motorized rides, water slides, miniature golf, batting cages, accessory food service, and similar activities.
Commented [JE2]: Needs thorough review by City Attorney
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P.R. Animal Hospital: Any building, or portion thereof, designed or used for the medical or surgical care, observation or
treatment of domestic animals for an overnight duration or longer.
Q.S. Antenna: Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any
type of wireless communications services not including small wireless facilities.
T. Antenna Structures: Those structures which include the radiating and/or receiving system, its supporting structures (see
definition of tower), and any appurtenance mounted thereon as defined by the Federal Communications Commission or any
successor agency.
R.U. Apiary: The place where one or more bee colonies are kept.
S. Amusement Park: A commercially operated park with a predominance of outdoor games and activities for entertainment,
including motorized rides, water slides, miniature golf, batting cages, accessory food service, and similar activities.
T.V. Artisan Manufacturing: The production and assembly of finished products or component parts, typically by hand, and
including design, processing, fabrication, assembly, treatment, and packaging of finished products, and retail sale of
associated goods. Artisan manufacturing may includes but is not limited to food and bakery products, non-alcoholic
beverages, printmaking, leather products, jewelry and clothing/apparel, metal work, woodwork, furniture and glass or
ceramic production.
U.W. Art Gallery/Art Studio: An establishment engaged in the sale or exhibit of art works such as paintings, sculpture,
macrame, knitted goods, stitchery, or pottery. Art studios are may also be engaged in the creations of such art works and
often offer instruction in their creation .
V.X. Assembly, Production, Manufacturing, Testing, Repairing, or Processing, Light: An industrial facility at which all
operations (with the exception of loading operations): Are conducted entirely within an enclosed building; not potentially
associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and
do not pose a significant safety hazard (such as danger of explosion).
W.Y. Assembly, Production, Manufacturing, Testing, Repairing, or Processing, Heavy: An industrial facility at which
all operations (with the exception of loading operations): Are conducted entirely within an enclosed building and which
generate odor, noise, heat, vibration, and radiation which are detectable at the property line; but do not pose a significant
safety hazard (such as danger of explosion).
X.Z. Attention-Getting Device: Any flag, streamer, spinner, pennant, light, balloon, continuous string of pennants, flags, or
fringe, or similar device or ornamentation used primarily for the purpose of attracting attention for promotion or advertising a
business or commercial activity which is visible by the general public from any public right-of-way or public area.
Y. Apiary: The place where one or more bee colonies are kept.
Z.AA. 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.
AA.BB. Automobile Parts/Accessories Sales: A retail establishment dedicated to the sale of automobile components, parts,
and accessories but not including on-site repair or maintenance of automobiles.
BB.CC. 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.
CC.DD. Automobile Repair: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision
service, including body, frame or fender straightening or repair and painting of vehicles including incidental repairs,
replacement of parts, and motor service to automobiles. Automobile repair excludes repair to semi-trucks as defined in this
section.
Commented [JE3]: Will onsite sales be allowed?
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DD.EE. Automobile Sales and Service, Enclosed: An establishment engaged in the sale of automobiles where all operations
take place entirely within an enclosed showroom in a primary building.
EE.FF. Automobile Sales and Service, Open Sales Lot: An establishment engaged in the sale of automobiles where some
operations, including but not limited the display of vehicles for sale take place outside of an enclosed building.
10-2-2. “B” Definitions
A. Bakery, Wholesale: A bakery in which there is permitted the production and/or wholesaling of baked goods, excluding retail
bakery.
B. 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.
C. Basement: That portion of a building that is partly or completely below grade.
D. Bed and Breakfast Inn: 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.
E. Blacksmith or Welding Shop: Shops where lathes, presses, grinders, shapers, and other wood- and metal-working
machines are used such as blacksmith, tinsmith, welding, and sheet metal shops; plumbing, heating, and electrical repair
shops; and overhaul shops.
F. 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.
G. Boat Sales and Rental: A marine retail sales and service use in which boats are rented or sold.
H. 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.
I. Brewery/Winery/Distillery: An establishment primarily engaged in brewing fermented malt beverages including beer, ale,
malt liquors, and nonalcoholic beer (brewery), manufacturing and bottling wine on the premises (winery), or manufacturing,
by distillation, intoxicating spirits on the premises (distillery) but not including on-premises consumption by patrons.
J. 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.
K. 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 and mitigate visual and other off-
site impacts.
L. Building: Any structure with substantial walls and roof having a permanent foundation on 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.
M. Building, Detached: A building surrounded by open space and not sharing a common wall with another building on the
same zoning lot.
N. 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.
Commented [JE4]: This should be removed from the definition
and added to the use standards for boar storage.
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O. 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.
P. Building Mounted Solar Energy System: A solar energy collection system that is structurally mounted to the roof of a
building or other permitted structure, including limited accessory equipment associated with system which may be ground
mounted. It is installed parallel to the roof with a few inches gap.
Q. Building Mounted Wind Energy System: A wind turbine that is structurally mounted to the roof of a principal building,
including limited accessory equipment associated with the system which may be ground mounted.
R. Building, Nonconforming: Any building which does not conform to the regulations of this title including but not limited to
the 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.
S. Building, Principal: A non-accessory building in which the principal use of the zoning lot on which it is located is
conducted.
T. Building Setback Line: A parallel line across a lot or parcel of land, establishing the minimum open space to be provided
between the line of a building or structure, and the lot line of the lot or parcel.
U. 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.
V. 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.
W. Bumper Overhang: The part of a motor vehicle which extends beyond the wheelbase in the front and rear of the vehicle.
X. 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.
10-2-3. “C” Definitions
A. Campground: Any area that is occupied or intended or designed or improved for occupancy by transients using
recreational vehicles, travel trailers, and/or tents.
B. Carport: An automobile shelter with two (2) or more sides open.
C. Car Wash: The primary or secondary use of a site for washing and cleaning of passenger vehicles, commercial vehicles,
recreational vehicles, or other light duty equipment.
D. Casino and Off-Track Betting Establishment: An establishment intended to deal, operate, carry on, conduct, maintain, or
expose for play any game, sports book, parimutuel, or any other form of wagering.
E. Cemetery: Land used or dedicated to the interment of human or animal remains or cremated remains, including
mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operating within the boundary
of such cemetery.
F. City: The United City of Yorkville or the City of Yorkville.
G. City Council: The City Council of the City of Yorkville.
H. College, University, or Junior 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.
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I. Commercial Entertainment, Indoor: Commercial indoor recreation facilities are conducted entirely indoors for commercial
purposes, with or without seating for spectators, and providing accommodations for a variety of individual, organized, or
franchised sports, including wrestling, gymnastics, basketball, soccer, tennis, volleyball, racquetball, handball, bowling,
indoor golf driving ranges, skating, and ice skating.
J. Commercial Entertainment, Outdoor: Commercial outdoor recreation facilities are conducted entirely outdoor for
commercial purposes, with or without seating for spectators, and providing accommodations for a variety of individual,
organized, or franchised sports, including wrestling, basketball, soccer, tennis, volleyball, racquetball, handball, outdoor golf
driving ranges, skating, and ice skating.
K. Commercial Feeding of Fish, Poultry, Livestock: A land use or facility used for the confined feeding operation for fish,
poultry, swine, or livestock.
L. Commercial/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.
M. Community Garden: A site on which residents collectively manage a garden for a shared benefit.
N. Communications Use: Any principal use that facilitates the origination, creation, transmission, emission, storage-retrieval,
or reception of signs, signals, writing, images, sounds, or intelligence of any nature, by wire, optical, or other excluding radio
and television towers as defined in this UDO.
O. Conforming Building or Structure: A building or structure which:
1. Complies with all the current regulations of this title or of any amendment hereto governing bulk of the district in which
the building or structure is located; and
2. Is designed or intended for a permitted or special use as allowed in the district in which it is located.
P. Contractor Facility With Outdoor Storage: A general contractor or builder engaged in the construction of buildings, either
residences or commercial structures as well as heavy construction contractors engaged in activities such as paving,
highway construction, and utility construction, which include the outdoor storage of equipment on-site.
Q. 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.
R. Crosswalk: A strip of land ten (10) feet or more in width, dedicated to public use, which is reserved across a block to
provide pedestrian access to adjacent areas, and may include utilities, where necessary.
S. Cul-De-Sac: A street having only one (1) outlet, and an appropriate terminal for the reversal of traffic movement, without the
need to back up.
T. Cultivation of Nonfood Crops and Seeds Used of Cellulosic Biofuels Production: The cultivation of crops and seeds
not intended for the eventual consumption of food, but rather for the use of the production of biofuels.
U. Cannabis Craft Grower: A facility operated by an organization or business that is licensed by the 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. A craft grower may contain up to five-thousand (5,000) square
feet of canopy space on its premises for plants in the flowering state. A craft grower may share premises with a processing
organization or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-
infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a
vault share more than fifty (50) percent of the same ownership as allowed by the Cannabis Regulation and Tax Act (410
ILCS 705/1 et seq.) and regulations promulgated thereunder.
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V. Cannabis Cultivation Center: A facility operated by an organization or business that is licensed by the Department of
Agriculture to cultivate, process, transport (unless otherwise limited by this Act), and perform other necessary activities to
provide cannabis and cannabis-infused products to cannabis business establishments as allowed by the Cannabis
Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder.
W. Cannabis Dispensing Organization: A facility operated by an organization or business that is licensed by the department
of financial and professional regulation to acquire cannabis from a state-licensed cultivation center, craft grower, processing
organization, or another dispensary 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
as allowed by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder.
X. Cannabis Infuser Organization: A facility operated by an organization or business licensed by the state department of
agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-
infused product, as allowed by the Cannabis Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated
thereunder.
Y. Cannabis Processing Organization: A facility operated by an organization or business that is licensed by the Department
of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate
cannabis or cannabis concentrate into a product formulation to produce a cannabis product as allowed by the Cannabis
Regulation and Tax Act (410 ILCS 705/1 et seq.) and regulations promulgated thereunder.
Z. Cannabis Transporting Organization: An organization or business that is licensed by the Department of Agriculture to
transport cannabis or cannabis-infused product on behalf of a cannabis business establishment or a community college
licensed under the Community College Cannabis Vocational Training Pilot Program.
10-2-4. “D” Definitions
A. 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 home, 225 ILCS 10/2.09.
B. 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 home. The term does not include facilities which receive
only children from a single household, 225 ILCS 10/2.09.
C. Data Center: A facility comprised of networked computers, storage systems, and computing infrastructure which
organizations use to assemble, process, store and disseminate data. Cryptocurrency centers, which use networked
computers, storage systems, and computing infrastructure to manage the flow of digital or virtual currencies, shall be
included in the definition.
D. Dead End Street: A street having only one (1) outlet.
E. Density, Gross: A ratio of the total number of dwelling units on a site, divided by the acreage of the site, to include streets,
schools, parks, etc., expressed as dwelling units per acre.
F. Development: Any manmade change to real estate, including:
1. Preparation of a plat of subdivision;
2. Construction, reconstruction, or placement of a building or any addition to a building;
3. Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on
a site for more than one hundred eighty (180) days;
4. Construction of roads, bridges, or similar projects;
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5. Redevelopment of a site;
6. Filling, dredging, grading, clearing, excavating, paving, or other nonagricultural alterations of the ground surface;
7. Storage of materials, or deposit of solid or liquid waste;
8. Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of stormwater flows from a
property.
G. District: A delineated section or part of the unincorporated portion of the City in which bulk, density, and use specific
standards established in Chapter ##-### apply.
G.H. Domesticated Hens: ADD DEFINITION
H.I. Drive-Through: A business or establishment which provides all or some of its services through a building opening or pickup
window to its patrons who remain in their vehicles.
I.J. 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.
J.K. Dry Cleaning Plant: An establishment used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by
immersion and agitation, or by immersions only, in volatile solvents including, but not by way of limitation, solvents of the
petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.
K. Dry Cleaning Establishment: An establishment or business maintained for cleaning fabrics, textiles, wearing apparel, or
articles of any sort not involving the immersion in volatile solvents and including 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.
L. Dwelling: A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for
residential occupancy, including single-unit dwellings, duplex dwellings, townhomes and multi-unit dwellings, but not
including hotels, motels, boarding or lodging houses.
M. Dwelling, Accessory: A dwelling that is an accessory use to a single-unit dwelling and that provides, independent of the
principal single-unit dwelling:
1. A separate entrance that allows ingress and egress from the exterior of the property; and
2. Areas used for bathing, cooking, and sleeping.
N. 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.
O. Dwelling, Group: A group of two (2) or more single-unit, duplex, townhome and/or multi-unit dwellings occupying a parcel
of land under a single ownership and having a yard or court in common, excluding hotels and motels.
P. Dwelling, Multi-Unit: A building or portion thereof, designed or altered for occupancy by two (2) or more household 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.
Q. Dwelling, Single-Unit: A dwelling unit designed exclusively for use and occupancy by one (1) household which is detached
from any other dwelling unit and surrounded on all sides by open space on the same lot.
R. Dwelling, Townhouse: A single-unit 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.
S. Dwelling Unit: A housing unit providing complete independent living facilities for one (1) or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
Commented [JE5]: No longer in the use table
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10-2-5. “E” Definitions
A. Easement: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain
person or persons for a specific purpose or purposes.
B. 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.
C. Electric Substation: An assemblage of equipment and appurtenant facilities designed for voltage transformation, or
voltage control of electricity in amounts of 115,000 volts or more.
D. 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.
E. Entertainment Production Studios: A theater, audience area for motion pictures and television studios or other similar
uses.
F. Erect: The act of placing or affixing a component of a structure upon the ground or upon another such component.
G. Establishment, Business: A separate place of business having the following three (3) characteristics:
1. 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.
2. Direct public access to such "business establishment" is separate and distinct from direct access to any other
"business establishment".
3. There is no direct public access from within such establishment to any other such establishment.
4. When adjacent places of business lack any one (1) of the characteristics with respect to one another, they shall then
be considered as a single "business establishment" for the purpose of this title.
10-2-6. “F” Definitions
A. Farming/Cultivation: The cultivation of berries, flowers, fruits, grains, herbs, mushrooms, nuts, ornamental plants,
seedlings, or vegetables for use on-site or sale or distribution on-site or off-site.
B. 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.
C. Fence, Open: A fence which has over its entirety at least fifty (50) percent 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.
D. Fence, Solid: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it.
E. Filtration Plant: A facility that works to filter and purify water by removing chemicals, hazardous materials, and toxic
matters from a water source.
F. Financial Institutions and Services: A financial institution, or bank, is a structure that is open to the public and engaged in
deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.
G. Fire Station: A building used for the storage and maintenance of fire-fighting equipment.
H. Floodplain: See title 8, chapter 7 of this Code.
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I. Floor Area, Gross: The sum of the gross horizontal areas of the all building floors, including the basement floor, 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:
1. Elevator shafts and stairwells.
2. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and
cooling towers.
3. Habitable attic space as permitted by the building code.
4. Interior balconies and mezzanines.
5. Enclosed porches.
6. Accessory uses.
7. 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 measures 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".
8. 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 building, 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.
J. Floor Area, Net: The sum of the gross horizontal areas of the all building floors, including the basement floor, measured
from the exterior faces of the exterior walls or from the centerlines of walls separating two (2) buildings. The "floor area"
shall not include the horizontal areas on each floor devoted to:
1. Elevator shafts and stairwells.
2. Mechanical equipment, except if located on the roof, when either open or enclosed, i.e., bulkheads, water tanks and
cooling towers.
3. Habitable attic space as permitted by the building code.
4. Interior balconies and mezzanines.
5. Enclosed porches.
6. Accessory uses.
7. 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 (10) feet of structure height and if such structure measures less than ten feet (10') but not less
than five (5) feet 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".
8. 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 building, excluding areas used for
accessory off-street parking facilities and the horizontal areas to the basement floors that are devoted exclusively to
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uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the
walls.
K. Foot-Candle: A unit of illumination, equivalent to the illumination at all points which are one (1) foot distant from a uniform
point source of one (1) candlepower.
L. Forestation: The cultivation or keeping of existing mature trees as a principal use.
M. Freestanding Solar Energy System, Accessory Use: A solar energy collection system and associated mounting
hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking
systems, constructed as the accessory use on a parcel, and not intended for the distribution and sale to a third party off-site.
N. Freestanding Solar Energy System, Principal Use: A single solar energy collection system and associated mounting
hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking
systems, constructed as the principal use on an individual parcel, intended to serve consumers located off the parcel.
O. Freestanding Wind Energy System, Accessory Use: A wind turbine that is that is affixed to or placed upon the ground on
a parcel with an existing principal use, to which the wind energy system is accessory and provides electricity to and not
intended for the sale and distribution off-site.
P. Freestanding Wind Energy System, Principal Use: A wind turbine that is that is affixed to or placed upon the ground on a
parcel as the parcel’s principal use but which does not distribute and sell energy to customers off-site.
Q. Frequency: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
R. Frontage: The property on one (1) side of a street, between two (2) intersecting streets (crossing or terminating), measured
along the line of the street; or, with a dead end street, all property abutting one (1) side of such street, measured from the
nearest intersecting street and the end of the dead end street.
S. Frontage Street: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway,
and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of
ingress and egress at relatively uniform spaced intervals.
T. Funeral Home/Mortuary/Crematorium: A building used for the preparation of the deceased for burial and display of the
deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this code,
includes a funeral chapel.
10-2-7. “G” Definitions
A. Garage, Bus or Truck: 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.
B. 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.
C. 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).
D. Golf Course, Miniature: 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.
E. 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.
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F. 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.
G. Grain Elevator: A building designed to stockpile or store grain.
H. 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 Zoning
Administrator or their designee, 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 Zoning Administrator or their
designee deems necessary.
10-2-8. “H” Definitions
A. 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.
B. Heavy Machinery and Equipment Sales Rental: An establishment engaged in the sale or rental of equipment, dump
trucks, tractor and trailer rigs, and similar vehicles not ordinarily used for personal transportation
C. Home Occupation: An accessory use of a residential dwelling unit which complies with the requirements of Section ##-#-
## of this title.
D. 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 dependent persons, or other types of cases
necessitating restraint of patients, and the term "hospital" shall not be used for convalescent, nursing, shelter, or boarding
homes.
E. Hotel: An establishment containing lodging accommodations designed for use by temporary guests in which access to
guest rooms is through a common entryway or lobby. Facilities provided may include maid service, laundering 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.
F. Household: All the people that occupy a single dwelling unit regardless of their relationship to one another.
10-2-9. “I” Definitions
A. Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of
lots or blocks for a principal residential, business, or manufacturing purpose.
B. Interlocking Standard Parking Spaces: A configuration of off-street parking in columns in which the parking spaces in
each individual column are angled to create an interlocking pattern with the angled off-street parking spaces in the adjoining
column.
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10-2-10. “K” Definitions
A. Kennel, Commercial or Private Dog Kennel: 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.
10-2-11. “L” Definitions
A. 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.
B. 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.
C. Land Improvement: All required on-site and off-site subdivision improvements including, but not limited to, any sanitary
sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or
private streets, street lighting, street signs, grading and drainageway facilities, pedestrian ways, and retention and detention
basins.
D. Library: A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
E. Liquor Store: A business engaged primarily in the retail sale of beer, wine, spirits or other alcoholic beverages for off-
premise consumption.
F. 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.
G. 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 grade. A lookout basement shall not be counted as a story for the purposes of height measurement.
H. Lot: A portion of a subdivision or other parcel of land, intended for transfer of ownership, or for building developments.
I. Lot Area: The area of a horizontal plane bounded by the front, side and rear lot lines.
J. 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 (135) degrees or less. (See
Section 10-2-4 of this chapter for diagram.)
K. 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 or asphalt.
L. Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
M. Lot, Double Frontage: A lot, two (2) opposite lot lines of which abut upon streets which are more or less parallel.
N. 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.)
O. 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.
P. Lot, Interior: A lot other than a corner lot or reversed corner lot. (See Section 10-2-4 of this chapter for diagram.)
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Q. Lot Line: A property boundary line of any lot held in single or separate ownership; 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.
R. Lot Line, Front: A lot line which abuts a street shall be the front lot line. For corner lots, the narrowest 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.
S. Lot Line, Interior: A side lot line common with another lot.
T. 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.
U. Lot line, Side: Lot lines other than front or rear lot lines are side lot lines.
V. 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.
W. 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.)
X. 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 ##-#-## of this chapter for diagram.)
Y. 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.
Z. 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.
10-2-12. “M” Definitions
A. 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 wholesale 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.
B. Manufacturing: An establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing,
storing, cleaning, servicing or testing of materials, goods or products.
C. 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.
D. Medical Clinic / Office: 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.
E. 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 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.
F. 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
Commented [JE6]: Confirm this section
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guests/customers may sample and purchase the product. Off-site distribution of the alcoholic beverages shall be consistent
with state law.
G. Mobile Food Vendor Vehicles and Retail Vendor Vehicles: A motorized vehicle used to conduct a mobile food preparer
business, a mobile food dispenser, or mobile desserts vendor business.
H. 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.
I. 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 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.
J. Motel: A building or group of buildings on the same lot containing guest units consisting of individual sleeping quarters,
detached or in connecting rows, with or without cooking facilities, for short-term rental, in which each guest unit is accessed
through the building’s exterior rather than through a common lobby.
K. 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.
L. Motor Vehicle: A passenger automobile/vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical
power.
10-2-13. “N” Definitions
A. Newspaper Publishing: An establishment in which the principal business consists of duplicating and printing services of
newspapers using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving.
B. 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.
C. No-Impact Antenna and Towers: A tower or antenna which is either: a) virtually invisible to the casual observer, such as
an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its
surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1) placed,
such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard.
D. 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.
E. Nursery/Greenhouse: Retail business whose principal activity is the selling of plants and having outdoor storage, growing
and/or display of plants.
10-2-14. “O” Definitions
A. Odorous Matter: Any material that produces an olfactory response among human beings.
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B. Office: A place, such as a building, room, or suite, in which services, clerical work, professional duties or the like are carried
out.
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C. Open Space: Ground area of a lot, landscaping and recreational facilities may qualify as open space provided that it is an
area unobstructed from the ground to the sky and which:
1. Is not devoted to public or private roadways or driveways and off-street parking and loading;
2. Is accessible and available only to occupants of dwelling units on the premises, except balconies;
3. Is not covered by buildings, except not more than five (5) percent 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;
4. Has not less than ten (10) feet its narrowest dimension between either a lot line and an area not qualifying as usable
open space; and
5. Is developed, landscaped, and maintained suitable for pedestrian, recreational and leisure use.
D. Outdoor Displays: Areas where the majority of items for sale to the general public are displayed outdoors, such as garden
nurseries, vehicle and equipment sales lots, mobile home sales, play equipment sales and other similar uses.
E. Outdoor Music Venue: A property where sound equipment is used to amplify sound that is not fully enclosed by
permanent, solid walls or roof.
F. Outline Lighting: An arrangement of incandescent lamps or electric discharge tubing that outlines or calls attention to
certain features of a building or sign including but not limited to its shape not to include temporary holiday decor.
10-2-15. “P” Definitions
A. Parapet: An architectural feature of a building where that portion of an exterior wall extends above the roof deck.
B. Parcel: Shall refer broadly to a lot, tract, or any other piece of land.
B.C. Park: ADD DEFINITION
C.D. Parking Area or Lot: An open, hard-surfaced area, 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.
D.E. Parking Space: 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.
E.F. 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 multi-unit residential uses. Parking structures may either be above or below grade.
F.G. Parkway: A strip of land situated within the dedicated street right-of-way, either located between the roadway and right-of-
way line, or a median located between the roadways.
G.H. 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.
H.I. Place of Worship/Assembly: A building, together with its accessory buildings and uses, where persons regularly assemble
for religious purposes and related social events and which building and accessory buildings and uses are maintained and
controlled by a religious body organized to sustain religious ceremonies and purposes.
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I.J. Plan Council: The Plan Council of the City of Yorkville.
J.K. Planning and Zoning Commission: The Planning and Zoning Commission of the City of Yorkville.
K.L. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a
site plan indicating existing off-site roadway connections.
L.M. Plan, Final: The final engineering plan, map or drawing, plus all accompanying information required by this title.
M.N. Plan, Preliminary: The preliminary engineering plan, map, or drawing, plus all accompanying information required by this
title.
N.O. Plat: A subdivision as it is represented as a formal document by drawing and writing.
O.P. Plat, Final: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the City Council
for approval, and which, if approved, will be submitted to the County Recorder for recording.
Q. Plat, Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision, including
all proposed improvements.
R. Playground: ADD DEFINITION
P.S. Police Station: ADD DEFINTION
Q.T. Porch: A roofed over structure, projecting out from the wall or walls of a main structure and commonly open to the weather
in part.
R.U. Portable Outdoor Storage Device: Any item designed and used as follows: a container which is delivered to a property,
which is filled with household items or other nontrash materials, and which the container and its contents are subsequently
transported to another location.
S.V. Preexisting Towers or Antennas: Existing towers and existing antennas which predated this title, shall not be required to
meet the requirements of this chapter other than the requirements of subsections 10-18-3.F, H and R of this chapter. All
preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
W. Prepared Food Service Establishment: An establishment that makes prepared food available for sale to the general
public for immediate consumption on or off the premises.
T.X. Preschool: ADD DEFINITION
U.Y. Principal Use: The main use of land or buildings as distinguished from a subordinate or accessory use.
V.Z. Professional Services/Offices: A business that offers any type of professional service to the public which may require, as
a condition precedent to the rendering of such service the obtaining of a license or other legal authorization.
W.AA. Public Open Space: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds,
forest preserves, beaches, waterways, parkways and streets.
X.BB. Public Storage Facilities: A facility consisting of a building or a group of buildings where individual units are leased or
rented to the general public for dead storage.
CC. 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.
Y.DD. Public Utility Facility (other): ADD DEFINITION
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10-2-16. “R” Definitions
A. Railroad Passenger Station: A facility for the boarding of passengers and related ticketing sales and offices.
A.B. Railroad Repair Shop, Maintenance Building, and Switching Yard: ADD DEFINITION
B.C. 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.
C.D. Radio and Television Towers, Commercial: Any structure that is designed and constructed primarily for the purpose of
supporting one (1) or more antennas for commercial radio or television purposes, including self-supporting lattice towers,
guyed towers, or monopole towers. The term includes the structure and any support thereto.
D.E. 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.
E.F. 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.
F.G. Recreational Vehicle Sales and Service: An establishment engaged in the sale of recreational vehicles, including
motorhomes and pickup campers, travel trailers, tent trailers, and similar vehicles that are designed and constructed for
permit sleeping or housekeeping in an outdoor or an showroom enclosed in a primary building.
G.H. Recreational Vehicle, Trailer, and Boat Parking: A site intended for the semi-permanent parking of recreational vehicles,
trailers, or boats.
H.I. Refuse: All waste products resulting from human habitation, except sewage.
I.J. 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.
J.K. Restaurant: An establishment whose food is available to the general public typically for consumption on the premises.
K.L. Residence: The act or condition of residing or dwelling in a place.
L.M. 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.
N. Right-of-Way: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-
way" for land platting purposes in the United City of Yorkville shall mean that every right-of-way hereafter established and
shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not
included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains,
sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
M.O. Riding Academy: ADD DEFINITION
N.P. 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 (300) square feet in ground area and there shall be no more than one
(1) roadside stand on any one (1) premises.
O.Q. Roadway: That portion of a street which is used or intended to be used for the travel of motor vehicles.
Commented [JE7]: Add and combine with language from
previous “convenience” and “fast food” definitions. So it is clear a
restaurant can be all these things.
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10-2-17. “S” Definitions
A. Sanitary Landfill: A lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or other
means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or partsthereof, or
nontoxic waste material of any kind.
B. School, Public or Private: Elementary, high school or college, public or private, or nonprofit junior college, college or
university, other than trade, commercial and business schools, including instructional and recreational uses, with or without
living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and
employees. These schools typically contain an auditorium, gymnasium, cafeteria, or other recreational facilities.
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C. Senior Housing, Dependent: A building or collection of buildings, of any building type, containing dwelling units for senior
adults or persons with disabilities. Dependent senior housing includes on-site support services and amenities assisted by
staff. The daily amenities and services provided in dependent senior housing include meals, day care, personal care,
medical support, nursing or therapy, and any service to the senior adult or disabled population of the community that is an
ancillary part of one of these operations. Support services may be located either in the same structure as the dwelling units
or in a structure physically separated from the dependent living dwelling units.
D. Senior Housing, Independent: A building or collection of buildings, of any building type, containing dwelling units for senior
adults or persons with disabilities. Independent senior housing may include on-site support services such as meal
preparation and service, day care, nursing or therapy, or any service to the senior adult or disabled population of the
community that is an ancillary part of one of these operations. Support services may be located either in the same structure
as the dwelling units or in a structure physically separated from the independent living dwelling units.
E. 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.
F. 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.
G. Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote
safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at
fairly uniformly spaced intervals.
H. 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.
I. Setback, Established: When forty (40) percent or more of the lots fronting on one (1) side of a street within a block are
improved, the average of all the existing front setbacks of such improved lots shall be the "established setback" for
determining the depth of the minimum required front setbacks for the remainder of the lots along such street frontage, as
regulated in this title.
J. Setback Line, Building: See definition of building setback line.
K. Sewage Disposal System, Central: A system of sanitary sewers, serving ten (10) or more lots that discharge either into an
interceptor sewer or an approved sewage treatment plant.
L. Sewage Disposal System, Individual: A sewage disposal system, or any other sewage treatment device approved by the
Kendall County Department of Public Health, and servicing only one (1) lot.
M. Sewage Treatment Plant: A facility which operates a sewerage system and sewage treatment facilities that collect, treat,
and dispose of human waste
N. 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.
O. Short-Term Rental: A home occupation of a single-unit dwelling 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.
P. Sidewalk: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only.
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Q. Sign: Any identification, illustration, means of communication, or device, illuminated or non-illuminated, that is visible from
any public place or is located on private property and exposed to the public and that is intended to direct attention,
advertise, announce, communicate, declare, demonstrate, or display a particular use, product, service, idea, interest, or
message.
R. Sign Area. Sign area shall apply to single-tenant monument signs, multi-tenant monument signs, on-site traffic directional
signs, a-frame/sandwich board signs, and/or yard signs only. Sign area shall be computed by means of the smallest square,
rectangle, circle, triangle or combination thereof that shall encompass the extreme limits of the sign copy area and the sign
base area. Sign area shall not include any supporting framework, bracing, decorative fence, or wall when such fence or wall
otherwise meets UDO regulations and is clearly incidental to the display itself. A double faced sign shall count as a single
sign. Sign area for wall signs on buildings with multiple exterior walls shall be calculated as provided in Section ##-#-##.
S. Sign, Awning/Canopy: A sign wholly supported by a canopy projecting from a building or an extended roof or pitched roof
and which does not extend above the mean height level of the roof of the building.
T. Sign, A-Frame/Sandwich Board: An advertising or business ground sign constructed in such a manner as to form an “A”
or a tent-like shape, hinged or not hinged at the top; each angular face held at an appropriate distance by a supporting
member.
U. Sign, Cold Air Inflatable: A sign designed to be airborne and tethered to the ground, a vehicle or any other structure and
shall include balloons and any other inflatable advertising device.
V. Sign, Feather: A flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar
shape, is attached, and which upon which temporary sign copy is displayed. Such banners are also known and sold under
names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag,"
"bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.
W. Sign, Banner: A temporary advertising sign which is not attached to a permanently mounted backing. Banner signs may be
ground-mounted or wall-mounted.
X. Sign, Billboard: Any sign advertising a land use, business, product or service, not located or available upon the premises
whereon the sign is located.
Y. Sign, Feather: A flexible or rigid pole to which one side of a flexible fabric, generally in the shape of a feather or similar
shape, is attached, and which upon which temporary sign copy is displayed. Such banners are also known and sold under
names which include, but are not limited to, "quill sign," "banana banner," "blade banner," "flutter banner," "flutter flag,"
"bowflag," "teardrop banners," and others. The definition includes functionally similar display devices.
Z. Sign, Monument: A freestanding sign in which the entire bottom is in contact with or close to the ground.
AA. Sign, On-Site Traffic Directional: A sign on a lot that directs the movement or placement of pedestrian or vehicular traffic
with or without reference to, or inclusion of, the name of a product sold or service performed on the lot or in a building,
structure or business enterprise occupying the same.
BB. Sign, Post: A temporary sign, the face of which is affixed to a post installed on the ground.
CC. Sign, Projecting: A sign that projects perpendicular from a building more than twelve (12) inches from the building’s
supporting wall.
DD. Sign, Roof: A sign which is affixed to a roof, extended roof, pitched roof or canopy and which extends above the mean
height of the roof.
EE. Sign, Wall: A sign affixed to a building wall which does not project horizontally more than twelve (12) inches from the wall
nor extend above the height of the wall.
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FF. Sign, Window: A sign which is applied or attached to the exterior of a window, or applied to, attached to, or located within
one (1) foot of the interior of a window, which can be seen through the window from the exterior of the structure.
GG. Sign, Yard: A temporary portable sign constructed of paper, vinyl, plastic, wood, metal or other comparable material, and
designed or intended to be displayed for a short period of time.
HH. Skating Rink: An establishment that provides facilities for participant skating.
II. Small Wireless Facility: A wireless facility that meets both of the following qualifications: a) each antenna is located inside
an enclosure of no more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the
antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and b) all
other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than twenty-
five (25) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of
equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other
services. Small wireless facilities are permitted uses if they are collocated in right-of-way in any zoning district or outside
rights-of-way in property zoned exclusively for commercial or industrial use.
JJ. Smoke: Small gas borne particles other than water that form a visible plume in the air.
KK. Solar Farm: An installation that includes a large number of solar panels arranged contiguously on a parcel for the collection
of solar energy and intended for the sale and distribution of electricity to customers located off-site.
LL. Solid Waste Disposal Site: A facility for the purpose of treating, compacting, composting, storing, or disposing of solid
waste.
MM. Specified Sexual Activities: Any of the following conditions:
1. Human genitals in a state of sexual stimulation or arousal.
2. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or
flagellation.
3. Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts.
4. Excretory functions as part of or in connection with any activities set forth in subsections 1 through 3 of this definition.
NN. Stable/Paddocks: 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.
OO. Stacking Requirements: The specified number of cars that must be accommodated in a reservoir space while awaiting
ingress or egress to specified business or service establishments.
PP. 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.
QQ. Storage of Roadway Construction Materials and Equipment: A facility that stores any equipment which is used in
connection with the construction, alteration, excavation or repair of a building or of real property, including, but not limited to
front loaders, trailers, cranes, plows, bulldozers and other similar equipment.
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RR. 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.
SS. 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
single-unit dwellings, duplex dwellings and multi-unit 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 multi-unit dwellings three (3) or more stories in
height, a half story shall be counted as a story.
TT. Street: A public or private right-of-way which affords a primary means of access to abutting properties, whether designated
as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways
to buildings.
UU. Street, Collector: A street that collects and distributes traffic, primarily within residential areas. This street carries between
two thousand five hundred (2,500) and twelve thousand (12,000) ADT.
VV. Street, Estate Residential: A street of limited continuity, used for access to abutting rural residential properties and local
needs of a neighborhood. This street carries less than one thousand (1,000) ADT.
WW. Street or Alley Line: A line separating an abutting lot, piece or parcel from a street. The street line shall be the back of the
curb where curbing exists or the edge of the street pavement if no curb is present.
XX. Street, Local Residential: A street of limited continuity, used primarily for access to abutting rural residential properties and
local needs of a neighborhood. This street carries less than one thousand (1,000) ADT.
YY. Street, Major Collector: A street that serves as a main traffic thoroughfare, both within and outside of the City, carrying
heavy volumes of traffic. This street carries more than two thousand five hundred (2,500) ADT.
ZZ. Street, Minor Collector: A street that collects and distributes traffic within intensively developed areas, and is used
primarily for internal trips within the planning area. This street carries between one thousand (1,000) and two thousand five
hundred (2,500) ADT.
AAA. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway.
BBB. 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.
CCC. Structure: Anything constructed or erected which requires at least semi-permanent location on the ground or is
attached to something having location on the ground.
DDD. Subdivider: Any person or corporation or duly authorized agent who undertakes the "subdivision" or "development" of
land as defined herein. Also referred to as developer.
EEE. Subdivision: A described tract of land which is to be or has been divided into two (2) or more lots or parcels. The term
subdivision includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or to the
land subdivided.
FFF. Swimming Pool, Indoor: A structure, whether designed to hold water more than thirty (30) inches deep to be used for
recreational purposes and entirely enclosed within a building.
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10-2-18. “T” Definitions
A. 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.
B. Tavern – Nightclub 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.
C. Tent: A structure, enclosure, or shelter constructed of fabric or other pliable material supported by any manner except by air
or the contents protected by the material. The horizontal area covered by the fabric or other pliable material shall be
considered building floor area. Tents shall be considered detached accessory structures.
D. Temporary and Seasonal Uses. A use intended for a limited duration on a site as allowed through the temporary use
permit process in Section ##-### or a use which is associated with a holiday or special event, or which is accessory to a
permitted use and transitory in nature
E. 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.
F. Theater, Live Performance: A building used for dramatic, operatic, music, or other live performance purposes for which
attendees are charged admission an admission fee to view.
G. Theater, Motion Picture: A building used for the display of motion pictures for which attendees are charged an admission
fee to view.
H. Title: Reference to "title" herein shall be construed to be the Yorkville Unified Development Ordinance.
I. Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for
telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole
towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular
telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
J. 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, camping trailer, travel trailer, horse trailer or cargo trailer.
K. 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.
L. Truck and Trailer Sales/Rental: Leasing or renting of trucks and trailers, including incidental parking and servicing of
vehicles for rent or lease.
M. Truck, Truck-Tractor, Truck Trailer, Car Trailer or Bus Storage Yard: A site intended for the semi-permanent storage of
trucks, truck-tractors, truck trailers, car trailers, buses, and other similar vehicles. motor freight terminals shall not be
included.
N. Turnaround: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction.
10-2-19. “U” Definitions
A. Underground Dog Fences: A fence constructed beneath the site’s natural grade constructed solely to prevent household
pets from leaving the property.
B. Unified Development Ordinance, City of Yorkville: The Unified Development Ordinance of the City of Yorkville as
established in this title including the Zoning District Map as amended.
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C. 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.
D. 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.
E. Use, Nonconforming: See definition of Nonconforming use.
F. 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.
G. Use, Principal: The dominant use of land or buildings as distinguished from a subordinate or accessory use.
H. 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.
10-2-20. “V” Definitions
A. Vacant Land: A lot or parcel of land on which no improvements or structures have been constructed or actively used for
any land use purpose.
B. Variation: A limited relief from the requirements of this title granted to a particular property in an instance in which the strict
application of the requirements would create a practical difficulty or particular hardship prohibiting the use of the property in
a manner otherwise allowed under this title. Such limited relief shall not change the underlying zoning of the subject
property.
C. Vehicle Charging Station: A permitted accessory use serving another principal use that is located in a parking structure or
parking lot and used for the charging of electric motor vehicles. The vehicle charging station shall not result in the reduction
of parking spaces to less than what is required to serve the principal use.
D. Veterinary Clinic: An establishment for the care and treatment of the diseases and injuries of animals and where animals
may be boarded only during their convalescence.
10-2-21. “W” Definitions
A. Wholesaling and Warehousing: 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.
B. Wetlands: As defined by the Illinois Department of Natural Resources.
C. Wind Farm: An installation including a cluster of wind turbines on one parcel for the collection of wind energy and sale of
electricity to customers located off-site.
10-2-22. “Y” Definitions
A. Yard: An open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title.
B. 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.
C. Yard, Interior Side: A side yard which adjoins another lot or an alley separating such side yard from another lot.
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D. 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 yard. 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.)
E. 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.
F. 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.
10-2-23. “Z” Definitions
A. Zone: A "district", as defined in this section.
B. Zoning Administrator: The designated City of Yorkville staff person(s) in the Community Development Department
designated to undertake the administration and interpretation of this UDO, including but not limited to the Community
Development Director.
B.C. Zoning Office: ADD DEFINITION
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Chapter 3. District Standards
Establishment of District.......................................................................................................................................................1
District Map and Boundaries ................................................................................................................................................2
Zoning of Streets, Alleys, Public Ways, Waterways, and Railroad Rights-of-Way...............................................................2
Zoning of Annexed Land ......................................................................................................................................................2
Purpose of Residential Districts............................................................................................................................................3
Purpose of Business and Manufacturing Districts................................................................................................................4
Purpose of Open Space and Institutional Districts...............................................................................................................5
Overlay Districts ...................................................................................................................................................................5
Bulk and Dimensional Standards .........................................................................................................................................6
Calculating Bulk and Dimensional Standards.....................................................................................................................7
Permitted Yard Setback Obstructions ..............................................................................................................................10
Permitted and Special Uses.............................................................................................................................................11
Establishment of District
A. For the purpose and provisions of this title, Yorkville is organized into thirteen (13) districts.
B.Residential Districts.
1. R-1 Single-Unit Suburban Residence District
2. R-2 Single-Unit Traditional Residence District
3. R-2A Single-Unit Moderate Density District.
4. R-2D Duplex, Two-Unit Attached Residence District
5. R-3 Multi-Unit Attached Residence District
6. R-4 General Multi-Unit Residence District
C.Business and Manufacturing Districts.
1. B-1 Local Business District
2. B-2 Mixed Use District
3. B-3 General Business District
4. M-1 Limited Manufacturing District
5. M-2 General Manufacturing District
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D.Institutional and Open Space Districts.
1. PI Public Institutional District
2. A-1 Agricultural District
3. OS Open Space District
E.Overlay Districts.
1. D-O Downtown Overlay District
2. PD-O Planned Development Overlay District
District Map and Boundaries
A.Zoning Map. The boundaries of the zoning districts designated in section 10-3-1 of this chapter are hereby established as
shown on the latest edition of the map entitled "Zoning Map: The United City Of Yorkville", which said map shall have the
same force and effect as if the zoning map, together with all notations, references and other information shown on the
zoning map, were fully set forth and described in this title.
B.District Boundaries. When uncertainty exists with respect to the boundaries of the various districts shown on the zoning
map, the following rules shall apply:
1. District boundary lines are either the centerlines of railroads, highways, streets, alleys or easements or the boundary
lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated.
2. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a
street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map measured at
right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with
dimensions shown on the map from section, quarter sections or division lines, or centerlines of streets, highways or
railroad rights of way unless otherwise indicated.
3. Where a lot held under single ownership and of record on the effective date hereof is divided by a district boundary
line, the entire lot shall be construed to be within the less restricted district; provided, that this construction shall not
apply if it increases the lot width of the lot by more than twenty five (25) feet.
Zoning of Streets, Alleys, Public Ways, Waterways, and Railroad Rights-
of-Way
All streets, alleys, public ways, waterways,and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to
be in the same zone as the property immediately abutting upon such alleys, streets, public ways, or waterways and railroad
rights-of-way. Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary,
the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting
property up to such centerline.
Zoning of Annexed Land
Any territory or land annexed to the city after the adoption of this title shall automatically, upon such annexation, be classified
within the R-1 residential district and be subject to all conditions and regulations applicable to land in such district until such land
is subsequently rezoned.
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Purpose of Residential Districts
A.General Purpose of Residential Districts . Residential zoning districts are established, designed, and intended to provide
a comfortable, healthy, safe, and pleasant environment in which to live and shall:
1. Provide appropriately located areas for residential development that are consistent with the Comprehensive Plan, as
amended;
2. Ensure adequate light, air, privacy, and open space for residents;
3. Provide for a variety of neighborhoods with a range of housing types with varying characters and patterns of
development;
4. Protect neighborhoods from the harmful effects of excessive noise, traffic congestion, and other potential adverse
impacts; and
5. Provide amenities while protecting residents from incompatible uses and activities.
B.R-1 Single-Unit Suburban Residence District. The R-1, single-unit suburban residence zoning designation is intended to
create a spacious suburban residential neighborhood. To protect the character of the district, permitted uses are limited to
single-unit detached housing yet accommodate other compatible and complementary cultural, religious, educational, and
public uses.
C.R-2 Single-Unit Traditional Residence District. The R-2, single-unit traditional residence zoning designation is intended
to accommodate smaller, more conventional suburban residential neighborhoods. The primary permitted uses are single-
unit detached housing in addition to compatible and complementary cultural, religious, educational, and public uses.
D.R-2A Single-Unit Moderate Density District.The R-2A, single-unit moderate density zoning designation is intended to
accommodate the areas with smaller-lot suburban residential development in Yorkville’s historic neighborhoods and
accommodate newer, more equitable small-lot residential development as it occurs over time. The primary permitted uses
are single-unit detached housing in addition to compatible and complementary cultural, religious, educational, and public
uses.
E.R-2D Duplex, Two-Unit Attached Residence District. The R-2D, duplex, two-unit attached residence zoning designation
is intended for moderate density duplex dwelling structures. This district is primarily located off of a major thoroughfare or as
a transitional land use adjacent to single-unit residences. Therefore, the R-2D, duplex district is intended to accommodate
single-unit attached dwelling structures of a size and character that are compatible with the surrounding single-unit
detached residential districts and adjacent to commercial, office and retail space.
F.R-3 Multi-Unit Attached Residence District. The R-3, multi-unit attached residence zoning designation is intended for
moderate density residential developments near commercial areas and transportation corridors, and to promote
economically mixed housing developments and the provision of a range housing types including multi-unit buildings such as
duplexes or townhomes.
G.R-4 General Multi-Unit Residence District. The R-4, general multi-unit residence zoning designation is intended for
moderate to high density multi-unit buildings and complexes. This district may accommodate other compatible and
complementary cultural, religious, educational, and public uses.
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Purpose of Business and Manufacturing Districts
A.General Purpose of Business and Manufacturing Districts . Business and Manufacturing Districts are established,
designed, and intended to provide a comfortable, healthy, safe, and pleasant environment in which to work, shop, dine,
recreate, and shall:
1. Accommodate retail, commercial, service, and mixed uses needed by Yorkville residents, businesses, visitors, and
workers;
2. Maintain and enhance the City’s economic base and provide employment opportunities, shopping, entertainment,
restaurant, service and other nonresidential uses close to where people live and work;
3. Create suitable environments for various types of business and manufacturing uses and protect them from the adverse
effects of incompatible uses;
4. Allow flexibility to encourage redevelopment and positive improvements to existing uses; and
5. Help ensure that the appearance and operational impacts of business and manufacturing developments do not
adversely affect the character of the areas in which they are located.
B.B-1 Local Business District. The B-1, local business district zoning designation is intended for the location of commercial
and professional facilities that are especially useful in close proximity to residential areas. The district is designed to pro vide
convenient shopping and services that meet the needs and enhance the quality of life for surrounding residential
neighborhoods. This district also encourages dwelling units located above the first floor of a permitted use to create mixed
use buildings.
C.B-2 Mixed-Use Business District. The B-2, mixed-use business zoning designation is intended to accommodate
pedestrian oriented mixed-use corridors and districts with a range of business, service, office, and residential uses including
the Downtown.
D.B-3 General Business District. The B-3, general business district zoning designation is intended for the location of a broad
range of commercial uses, including small scale and large scale businesses. These uses are usually oriented toward
automobile access and visibility; therefore, they are typically set along major arterial roads. The businesses in this district
are meant to serve regional as well as local customers. This district also encourages dwelling units located above the first
floor of a permitted use to create mixed use buildings.
E.M-1 Limited Manufacturing District. The M-1 limited manufacturing district zoning designation is intended to provide for
the location of a broad range of warehousing, manufacturing, and industrial uses of minimal environmental impact. The
intensity and impact of uses shall be controlled through the special use permitting process to ensure compatibility with
adjacent land uses through the minimization of off-site impacts. Related uses such as indoor event or recreation
conversions or employee supporting restaurants and retail may also be appropriate.
F.M-2 General Manufacturing District. The M-2 general manufacturing district zoning designation is intended to provide for
the location of manufacturing, industrial, and related uses that have greater off-site impacts than those in the M-1 limited
manufacturing district. The district is intended to ensure the compatibility of the manufacturing and industrial uses with
surrounding residential and commercial uses and to minimize off-site impacts such as noise, traffic, and visual qualities.
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Purpose of Open Space and Institutional Districts
A.A-1 Agricultural District. The A-1, Agricultural district zoning designation is intended to accommodate areas where the
conditions are best suited for agricultural pursuits or where essential community facilities or utilities do not yet or are not
reasonably expected to serve the property.
B.OS Open Space District. The OS, open space district designation is intended to govern the use of city owned green space
and park land in the city of Yorkville. This zoning district shall apply to all existing and newly annexed land currently used or
intended for use as open space, recreational areas, and parks identified in Yorkville's park and recreation master plan.
These regulations are also intended to provide for the protection, conservation and utilization of high quality natural
resources; preservation of wildlife habitats; creation of scenic vistas; provision of public gathering areas or facilities for safe
and accessible outdoor space; connectivity between other green infrastructure via bike and hiking trails and paths; and to
maintain or establish appropriate buffers between differing land use types or intensities.
C.PI Public Institutional District. The PI, Public Institutional district zoning designation is intended to provide for the location
of properties used or operated by a public entity or private institution. The purpose of the PI District is to recognize that
public and institutional facilities provide necessary services to the community.
Overlay Districts
A. All provisions of this title, to the extent that they do not conflict with the standards delineated in this section, shall remain in
full force and effect for all properties subject to the provisions of this section.
B. The standards found in this section shall be used by property owners, developers, City staff members, the Planning and
Zoning Commission and the City Council during the design and review of development and redevelopment proposals within
the overlay districts. These standards and criteria complement and add to those contained within the City’s Comprehensive
Plan, as amended, Yorkville Downtown Overlay District Form-Based Code, this title and other land use regulations.
C.D-O Downtown Overlay District. The D-O, Downtown Overlay district designation is intended to guide the development of
a mix of uses and a pedestrian oriented environment, to provide for a mix of housing types for people of all ages and
lifestyles, and to achieve development that is appropriate in scale and intensity for the overlay district and adjacent
neighborhoods.
D.PD-O Planned Development Overlay District. The purpose of the PD-O, Planned Development Overlay District is to
visually represent areas of the community that are governed by Planned Development Ordinances as detailed in Chapter #
of this title.
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Bulk and Dimensional Standards
A. Table 10-3-9(A) Bulk and Dimensional Standards establishes the requirements applicable to the development or use of a lot
in a given district.
Min.
Front
Min. Side*
7 Min. Rear 7
A-1 - - - - - 100' 1 50' - 80' 5 30'
R-1 12,000 sq. ft. - - 80' 50% 40' 15' (40') 50' 30' 30'
R-2 10,000 sq. ft. - -70' 2 45% 25' 10' (30') 30' 30' 30'
R-2A 6,000 sq. ft. - - 65' 2 45% 25' 10' (30') 25' 30' 30'
R-2D 15,000 sq. ft. 9,000 sq.ft. -100' 3 50% 30' 10' (30') 30' 30' 30'
R-3 9,000 sq. ft. 4 7,000 sq.ft. 5 dwelling
units/acre
4
70' (90'
for
attached
units)
70% 30' 10' (20') 30' 80' 30'
R-4 15,000 sq. ft.
4
5,000 sq.ft.8 dwelling
units/acre
70' (90'
for
attached
units)
70% 30' 12' or 60%
of building
height (20')
40' 80' 40'
B-1 8,000 sq. ft. - - - 80% 30' 20' 20' 80' -
B-2 - - - - 85% 0' - 20' 80' -
B-3 10,000 sq. ft. - - - 80% 50' 20' (30')6 20' 80' -
M-1 - - - - 85% 25' Min. 10% of
lot and
max. 20'
- - -
M-2 - - - -
85%
25'Min. 10% of
lot and
max. 20'
---
PI - - - - 85% 25' 20' (25') 20' 80' -
OS - - - - - 30' 10' 20' 80' -
2. Lots with private wells and/or private sewage minimum 1 acre and 125 foot width. Density shall not exceed 1 dwelling unit per acre on lots with private wells and/or private sewage treatment f
3. Lots with private wells and/or private sewage minimum 1.5 acres and 150 foot width. Density shall not exceed 1.3 dwelling units per acre on lots with private wells and/or private sewage treat
Min. Lot
Size per
DU (For
Single-
Family
Attached
Uses)
Maximum
Density
(For
Multifamil
y Uses)
* Dimensions within ( ) = requirement for side yards adjoining a street. (Note: For special uses refer to section 10-4-9 of this title.)
Notes:
7. The minimum setback required may be less than the width of the transition yard required by use as specified in Section 10-5-3(F), in which instance, the more stringent width required by the
transition
Table 10-3-9 Bulk and Dimensional Standards
1. 200 feet along Illinois Routes 34, 47, 71 and 126.
5. 100 foot structure height shall be allowed for silos on sites with agricultural uses.
4. Nonresidential principal uses shall have a minimum lot size of 15,000 square feet and 100 foot width. A one-story structure shall have a minimum of 1,200 square feet and a two-story structure
shall have a minimum of 1,400 square feet of livable space.
6. Parking lots in the B-3 district located adjacent to an arterial roadway, as defined in the city's comprehensive plan, must maintain a minimum setback of 20 feet from the property line and 10
feet from
Setbacks
Max.
Building
Height
Dwelling
Unit Max.
Height
Max. Lot
Coverag
eZone
Min. Lot
Size
Min. Lot
Width
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B. Minimum building separations in the R-3 District shall be as detailed in table 10-3-9(B) below.
Table 10-3-9(B) Building Separation Requirements in R-3
Separation Type Requirement
Side to side 20 feet
Side to rear 40 feet
Rear to rear 60 feet
Front to side 50 feet
Front to front 50 feet
Rear to front 100 feet
Calculating Bulk and Dimensional Standards
A.Lot Width. Minimum lot width shall be measured at the required front yard setback line.
Figure 3.1. Lot Width
Figure 3.2. Lot Width For Lots Abutting a Cul-De-Sac
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B. Setbacks. A required setback shall be measured by the shortest distance between the applicable lot line and nearest point
of the principal use or building or any required yards or fences, except any building features specified in section 10-3-11,
which shall not be subject to required setbacks.
Figure 3.3. Setbacks
1. Established Front Setbacks. When forty (40) percent or more of the lots fronting on one (1) side of a street within a
block are improved, the average of all the existing front setbacks of such improved lots shall be the established
setback. The established setback shall constitute the required front setback for the remainder of the lots along such
street frontage and shall supersede the minimum front setback established in Table ##-#-#.
C. Height. Building and dwelling unit height shall be the vertical distance measured from the sidewalk level or its equivalent
established grade opposite the middle of the front of the building to the:
1. Flat Roof: highest point of the roof,
2. Mansard Roof: deck line of roof, or
3. Gable, Hip, or Gambrel Roof: mean height level between eaves and ridge.
Figure 3.4. Height
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D. Lot Coverage. Lot coverage shall be that portion of the 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.
Figure 3.5. Lot Coverage
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Permitted Yard Setback Obstructions
Every part of a required yard setback shall be open and unobstructed from finished grade upward, except as specified in Table
10-3-11 below or as allowed for accessory buildings and structures as detailed in Section 10-4-15(A).
Permitted Obstruction Required Yards
All Front Side Rear Regulation
Permanent Structures
Accessory Buildings and
Structures P P Shall maintain a minimum distance of 5 feet from any
side or rear property line.
Arbors and trellises P P P P -
Awnings and canopies P P P P Shall adjoin a principal structure and may project 3 feet
into required yard.
Balconies and breezeways ---P May project 3 feet into the required yard.
Chimneys P P P P May project 18 inches into the required yard.
Enclosed, attached or detached
off-street parking ---P -
Flagpoles P P P P -
Landscaping P P P P -
One-story bay windows P P P P May project 3 feet or less into the required yard.
Open porches P ---May project 5 feet into the yard.
Open terraces and decks P P P P
Shall not project over 4 feet above the average level of
the adjoining ground but not including a permanently
roofed over terrace or porch.
Ornamental light standards -P P --
Overhanging eaves and gutters -P P P
May project 3 feet or less into the yard. May project into a
required side yard for a distance not exceeding 40
percent of the required yard width.
Steps P P P P Steps 4 feet or less above grade which are necessary for
access to zoning lot from a street or alley.
Temporary Structures
Accessory Buildings and
Structures, Temporary P P P P Shall maintain a minimum of 5 feet from rear and side
property lines.
Air conditioning units --P P
May project for a distance not exceeding 10 percent of
the required yard width, but in no case exceeding 12
inches.
Recreational equipment ---P -
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Permitted and Special Uses
A. The following key shall be used in the interpretation of Table 10-3-12(B) Permitted and Special Uses below.
1.Permitted Uses. Uses which are marked as “P” in the tables shall be allowed subject to all applicable regulations of
this title.
2.Special Uses. Uses which are marked as “S” in the tables shall be allowed upon the approval of a special use permit,
as detailed in section 10-#-## of this title.
3.Temporary Uses. Uses which are marked as “T” in the tables shall be allowed upon the approval of a temporary use
permit, as detailed in section 10-#-## of this title.
4.Prohibited Uses. Uses which are marked as “-“ shall be prohibited in the respective district unless it is otherwise
expressly allowed by other regulations of this title.
5.Uses Not Listed. If a proposed use is not listed in the tables, the Zoning Administrator, through the administrative
interpretation process detailed in section 10-#-##, shall determine if the use is substantially similar to a use listed in the
tables. If it is, the use shall be treated in the same manner as the substantially similar use. If not, the use shall be
regarded as prohibited.
6.Additional Regulation. If a use has use specific standards, they are referenced in this column. Use specific standards
shall apply to permitted and special uses.
Table 10-3-12(B) Permitted and Special Uses establishes the allowed uses in the City’s zoning districts.
Table 10-3-11(B) Permitted and Special Uses
Use Category
Additional
Regulation
Zoning Districts
Ag
Open
Space Residential Business Mfg.Inst.
A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Agricultural Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Agricultural uses P S -----------P
Apiaries P P -----------P
Commercial feeding of fish,
poultry, livestock S -------------
Cultivation of nonfood crops
and seeds used of cellulosic
biofuels production P -------------
Farming/Cultivation P T ------------
Forestation P -------------
Grain elevators and
storage P -------------
Nursery/greenhouses S ---------P P P P
Recreational camp -
private S S ------------
Riding academies with
stables S -------------
Roadside stand P -------------
Stables or paddocks P -------------
Residential Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Dwelling, duplex 10-4-2(A)-----P P P ------
Dwelling, multi-unit 10-4-2(B)------P P P S S S --
Dwelling, single-unit P -P P P P P P ------
Dwelling, townhouse 10-4-2(C)------P P ------
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Mobile home park 10-4-2(D) - - - - - - S S - - - - - -
Senior housing, dependent S - S S S S S S P P - - - P
Senior housing,
independent S - P P P P P P P P - - - P
Lodging Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Bed and breakfast inn S - S - - - - - S P P - - -
Hotel/Motel - - - - - - - - - P P - - -
Short-term rental 10-4-3(A) - - P P P P P P - - - - - -
Commercial Retail Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Adult uses 10-4-4(A) - - - - - - - - - - - S S -
Building material sales - - - - - - - - - P P P - -
Liquor store - - - - - - - - P P P - - -
Pawnbrokers/pawnshops - - - - - - - - P P P S - -
Retail store, general - less
than one (1) acre - - - - - - - - P P P S - -
Retail store, general greater
than one (1) acre - - - - - - - - - - P - - -
Commercial Service Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Adult daycare facility - - S S S S S - P P P S S S
Animal hospital S - - - - - - - - - P S - -
Art galleries/art studio - - - - - - - - - P P P - P
Auction house P - - - - - - - - - - - - -
Bank - - - - - - - - P P P - - S
Campground S S - - - - - - - S S - - -
Commercial laboratory - - - - - - - - P P P P - -
Commercial/trade school - - - - - - - - P P P S - -
Daycare facility and
preschools - - S S S S S - P P P S S S
Dry Cleaning Establishment - - - - - - - - P P P - - -
Entertainment production
studios - - - - - - - - P P P P - -
Financial institutions and
services - - - - - - - - P P P - - -
Funeral home/mortuary/
crematorium - - - - - - - - P P P - - -
Health and fitness
club/center - - - - - - - - - P P P - -
Indoor shooting
gallery/range 10-4-5(A) - - - - - - - - S S S S S -
Kennel, commercial or
private dog kennels S - - - - - - - - - P S - -
Massage establishment 3-9 - - - - - - - - S S S - - -
Casino and Off track betting
(OTB) establishments - - - - - - - - - S S - - -
Preschool - - P P P P P P - - - - - P
Professional
services/offices - - - - - - - - P P P - - -
Public storage facilities/mini
warehouse storage 10-4-5(B) - - - - - - - - - P P P P -
Tattoo and body piercing
establishment 3-10 - - - - - - - - P P P P P -
Veterinary clinic - - - - - - - - - P P S S -
Commented [JE1]: Could be located in the Institutional Table
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Commercial Entertainment Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Amusement park S S - - - - - - - - S S S S
Commercial entertainment,
indoor - - - - - - - - T P P S S P
Commercial entertainment,
outdoor 10-4-6(A) - - - - - - - - S S S S S P
Community / Recreation
center - - - S S S S S P P P S S P
Golf course, miniature S - - - - - - - - - P - - -
Golf course 10-4-6(B) S - P P P P P P - - - - - -
Golf driving range S - - - - - - - - P P S - -
Indoor Event/Recreation
Conversion - - - - - - - - - - P P P -
Outdoor music venues - - - - - - - - S S S S - -
Skating rink - - - - - - - - - P P S S -
Stadium - - - - - - - - - - S S - P
Swimming pool - indoor - P - - - - - - P P P S - P
Theater, live performance - - - - - - - - P P P - - -
Theater, motion picture - - - - - - - - P P P - - -
Eating and Drinking Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Brewery/Winery/Distillery
tasting room - - - - - - - - P P P P P -
Brewpub 10-4-7(A) - - - - - - - - P P P P P -
Microbrewery/Microwinery 10-4-7(B) - - - - - - - - P P P P P -
Microdistillery 10-4-7(B) - - - - - - - - P P P P P -
Restaurant - - - - - - - - P P P - - -
Tavern - nightclub or
lounge - - - - - - - - P P P - - -
Prepared Food Service
Establishment - - - - - - - - P P P - - -
Medical Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Hospital S - S S S S S S P P P - - P
Medical clinic / office - - - - - - - - P P P - - -
Treatment center - - - - - - - - P P P - - -
Vehicle Related Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Automobile
parts/accessories sales - - - - - - - - - P P - -
Automobile rental 10-4-9(A) - - - - - - - - - P P - -
Automobile repair - - - - - - - - - - P P P -
Automobile sales and
service, enclosed 10-4-9(A) - - - - - - - - - - P P P -
Automobile sales and
service, open sales lot 10-4-9(A) - - - - - - - - - - S S S -
Boat sales and rental 10-4-9(A) - S - - - - - - P P P P - P
Boat storage - S - - - - - - S S S P P P
Car wash - - - - - - - - - - P P P -
Gasoline service station - - - - - - - - - S S S S -
Heavy machinery and
equipment rental - - - - - - - - - P P P P -
Commented [JE2]: Move up in table for alphabetical order
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Recreational vehicle sales
and service 10-4-9(A) - - - - - - - - - - P P P -
Semi-truck repair - - - - - - - - - - P P P -
Truck and trailer
sales/rental 10-4-9(A) - - - - - - - - - - - P P -
Truck, truck-tractor, truck
trailer, car trailer or bus
storage yard - not include
motor freight terminal - - - - - - - - - - - P P -
Industrial Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Aggregate materials
extraction, processing and
site reclamation (stone and
gravel quarries) - - - - - - - - - - - - S -
Artisan manufacturing 10-4-10(A) - - - - - - - - P P P - - -
Assembly, production,
manufacturing, testing,
repairing, or processing,
light 10-4-10(B) - - - - - - - - - - S P - -
Assembly, production,
manufacturing, testing,
repairing, or processing,
heavy 10-4-10(B) - - - - - - - - - - - P P
Bakery (wholesale) - - - - - - - - S S S P P -
Blacksmith or welding shop S - - - - - - - - - P P P -
Brewery/winery/distillery - - - - - - - - S S P P P -
Contractor facilities with
outdoor storage - - - - - - - - - - S P P -
Data Center - - - - - - - - - - - P P P
Dry cleaning plant - - - - - - - - - - - S S -
Manufacturer / sales of
firearms and ammunition - - - - - - - - - - - P P -
Newspaper publishing - - - - - - - - - P P P P P
Research laboratories - - - - - - - - - - - P P -
Wholesaling and
warehousing - local cartage
express facilities - including
motor freight terminal - - - - - - - - - - - P P -
Transportation Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Airport S - - - - - - - - - - S S S
Bus or truck garage - - - - - - - - - - - P P -
Bus or truck storage yard - - - - - - - - - - - P P -
Motor freight terminals - - - - - - - - - - - S S S
Railroad passenger station S - S S S S S S S S S S S S
Railroad repair shops,
maintenance buildings and
switching yards S - S S S S S S S S S S S S
Alternative Energy Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Solar farm 10-4-12(B) S S - - - - - - - - - S S S
Building mounted solar
energy systems 10-4-12(C) P - P P P P P P P P P P P P
Freestanding solar energy
systems - accessory use 10-4-12(D) P P P P P P P P P P P P P P
Freestanding solar energy
systems - principal use 10-4-12(E) S S S S S S S S S S S S S S
Wind farm 10-4-12(F) S - - - - - - - - - - S S S
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Building mounted wind
energy system 10-4-12(G) P P P P P P P P P P P P P P
Freestanding wind energy
system - accessory use 10-4-12(H) P P P P P P P P P P P P P P
Freestanding wind energy
system - principal use 10-4-12(I) S S S S S - - - - - - S S S
Medical and Adult Use Cannabis Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Cannabis Craft Grower 10-4-13(B) S - - - - - - - - - - S S -
Cannabis Cultivation Center 10-4-13(C) S - - - - - - - - - - S S -
Cannabis Dispensing
Organization 10-4-13(D) - - - - - - - - - - S S S -
Cannabis Infuser
Organization 10-4-13(E) - - - - - - - - - - S S S -
Cannabis Processing
Organization 10-4-13(F) - - - - - - - - - - - S S -
Cannabis Transporting
Organization 10-4-13(G) - - - - - - - - - - - S S -
Institutional, Public, and Utility Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Cemetery S S S S S S S S - - - - - P
College, university or junior
college S - S S S S S S P P P - - P
Communications use S - - - - - - - - - - - - P
Electric substation 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 P
Fire station P - P P P P P P P P P P P P
Library - - P P P P P P P P P - - P
Other pPublic utility facilities
(other) S - P P P P P P - - - P P P
Parks P P P P P P P P P P P P P P
Place of worship/assembly S - S S S S S S P P P S S P
Playground - P P P P P P P P P P - - P
Police station P - P P P P P P P P P P P P
Post Office - - - - - - - - P P P - - P
Public utility - electric
substations and distribution
centers, gas regulation
centers and underground
gas holder stations S S - - - - - - - - - P P P
Radio and television towers
- commercial P P P P P P P P P P P P P P
Sanitary landfill S - - - - - - - - - - S S S
School, public or private - - P P P P P P - - - - - P
Sewage treatment plant - - S S S S S S - - - P P P
Solid waste disposal site - - - - - - - - S S S P P P
Utility company
maintenance yard - - - - - - - - - - - P P P
Utility service yard or
garage - - - - - - - - - - - P P P
Accessory Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Accessory Buildings 10-4-15(A) P P P P P P P P P P P P P P
Accessory Commercial Unit 10-4-15(B) S - S S - S S - - - - - - -
Accessory Structures,
Permanent 10-4-15(A) P P P P P P P P P P P P P P
Community Garden P P P P P P P P P P P P P P
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Domesticated Hens
City of
Yorkville
Code of
Ordinances
, Chapter
8-19 P P
Drive Throughs 10-4-15(C) - - - - - - - - P P P - - -
Dwelling, accessory 10-4-15(D) P - P P P P P P - - - - - P
Recreational vehicle, trailer,
and boat parking 10-4-2(E) P P P P P P P P - - - - - -
Home occupations 10-4-15(F) P - P P P P P P - P - P- - -
Outdoor displays 10-4-15(G) P P - - - - - - P P P P P -
Vehicle Charging Stations - - - - - - P P P P P P P -
Temporary Uses A-1 OS R-1 R-2 R-2A R-2D R-3 R-4 B-1 B-2 B-3 M-1 M-2 PI
Accessory structures,
Temporary 10-4-16(A) T T T T T T T T T T T T T T
Mobile food vendor vehicles
and retail vendor vehicles 10-4-16(B) T T T T T T T T T T T T T T
Storage of roadway
construction materials and
equipment 10-4-16(C) T T T T T T T T T T T T T T
Portable Outdoor Storage
Device 10-4-16(D) T T T T T T T T T T T T T T
Temporary and seasonal
uses 10-4-16(E) - - - - - - - - T T T - - -
Tents T T T T T T T T T T T T T T
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Chapter 4. Use Standards
Agricultural Use Standards...................................................................................................................................................1
Residential Use Standards...................................................................................................................................................2
Lodging Use Standards........................................................................................................................................................6
Commercial Retail Use Standards .......................................................................................................................................6
Commercial Service Use Standards.....................................................................................................................................7
Commercial Entertainment Use Standards..........................................................................................................................7
Eating and Drinking Use Standards .....................................................................................................................................8
Medical Use Standards ........................................................................................................................................................8
Vehicle Related Use Standards............................................................................................................................................8
Industrial Use Standards....................................................................................................................................................8
Transportation Use Standards............................................................................................................................................9
Alternative Energy Use Standards .....................................................................................................................................9
Medical and Adult Use Cannabis Use Standards.............................................................................................................20
Institutional, Public, and Utility Use Standards.................................................................................................................22
Accessory Use Standards................................................................................................................................................23
Temporary Use Standards ...............................................................................................................................................31
Agricultural Use Standards
RESERVE
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Residential Use Standards
A.Dwelling, Duplex.
1. The main entrances to a duplex shall face the primary street.
2. A minimum of one (1) of the parking spaces, as required in Section 10-5-# of this Title, shall be provided in an attached
or detached garage. Attached garages are encouraged to be located on rear or side façades. If attached garages are
located on the primary façade they shall comply with the following standards.
a. Be setback a minimum of twenty-five (25) feet from the street right-of-way or the required front yard setback,
whichever is greater.
b.Garage Set Ahead.
(a) The garage may be set ahead a maximum of five (5) feet from the front façade of the home, inclusive of
porches, bay windows, or other minor projections.
(b) If the garage is set ahead from the front façade of the home, as detailed in (a) above, it shall not exceed
forty-five (45) percent of the façade’s total width.
c.Garage In Line.If the garage is in line with the front façade of the home, exclusive of porches, bay windows, or
other minor projections, it shall not exceed fifty (50) percent of the façade’s total width.
d.Garage Set Behind.
(1) The garage may be set behind the front façade of the home, exclusive of porches, bay windows, or other
minor projections, a minimum of one (1) foot.
(2) If the garage is set behind the front façade of the home, as detailed in (a) above, it shall not exceed fifty-five
(55) percent of the façade’s total width.
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Figure 4.1. Duplex Dwelling Standards
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B. Dwelling, Multi-Unit.
1. The main entrance to a multi-unit dwelling shall face the primary street, unless otherwise allowed in subsection 7
below.
2. All off-street parking shall be located to the side or rear of the primary building. Off-street parking located to the side of
the primary building shall be set back a minimum of one (1) foot from the front elevation of the primary building.
3. A maximum of one (1) curb cut shall be permitted per street frontage unless otherwise recommended by the Public
Works Director and approved by the Planning and Zoning Commission.
4. Service areas, dumpsters, utilities and the required nonvegetative screening thereof shall not be visible from rights-of-
way.
5. Multi-Building Developments. Developments with multiple multi-unit dwelling buildings shall meet the following
additional standards.
a. The primary façade shall include a building entrance and be oriented towards the following (listed in priority order).
Primary façades shall not be oriented towards off-street parking lots, garages, or carports.
(1) Perimeter Streets,
(2) Primary Internal Streets,
(3) Parks or other common open space, or
(4) Secondary internal streets.
Figure 4.2. Multi-Unit Dwelling Standards
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C. Dwelling, Townhouse.
1. The entrance to a townhouse shall face the primary public street unless otherwise approved.
2. A minimum of one (1) of the parking spaces, as required in Section 10-5-# of this UDO, shall be provided in an
attached or detached garage.
3. Attached garages shall be located on rear or side façades unless otherwise approved.
4. A maximum width of a townhome cluster shall be two hundred (200) lineal feet.
5. The siting of the townhouse units in a cluster shall be staggered in order to define street edges, entry points, and public
gathering spaces.
Figure 4.3. Townhouse Dwelling Standards
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D.Mobile Home Park.
1. The minimum site size shall be ten (10) acres.
Lodging Use Standards
RESERVE
Commercial Retail Use Standards
A.Adult Uses.
1.Limitations on Adult Uses.
a.Distance from another existing adult use: An adult use shall not be allowed within five hundred (500) feet of
another preexisting adult use.
b.Distance from zoning districts: An adult use shall not be located within seven hundred (700) feet of any zoning
district which is zoned for single-unit suburban residence district (R-1), single-unit traditional residence district (R-
2), single-unit moderate-density (R-2A), two-unit attached residence district (R-2D), multi-unit attached residence
district (R-3), general multi-unit residence district (R-4), local business district (B-1), mixed use district (B-2),
general business district (B-3), agricultural district (A-1).
c.Distance from school or place of worship: An adult use shall not be located within five hundred (500) feet of a
preexisting school or place of worship.
d.Distance from business selling alcoholic beverages and cannabis dispensaries: An adult use shall not be located
in a building which contains another business that sells or dispenses in some manner alcoholic beverages or
Cannabis Dispensing Organization as defined in this UDO.
e.Arterial roadways: Adult uses which are located next to an arterial roadway, as defined in the City's
comprehensive plan, must provide a twenty five (25) foot setback from any property line.
f.Nonarterial roadways: Adult uses which are located next to a nonarterial roadway, as defined in the City's
comprehensive plan, must provide a ten (10) foot setback from the side and rear property lines and shall provide a
twenty five (25) foot setback from the front property line.
g.Traffic study: A traffic study may be required as part of the special use permit approval process.
2.Measurement of Distance. For the purposes of this Section, measurements shall be made in a straight line, without
regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the
property line of the lot or parcel containing the nearest adult use, school, place of worship, cannabis dispensary, or
district zone for residential use.
3.Exterior Signage and Display. No adult use shall be conducted in any manner that permits the observation of any
material, depicting, describing, or relating to "specified sexual activities", "specified anatomical areas" or otherwise
deemed to be obscene by display, decoration, sign, show window, or other opening from any public way or from any
property not licensed as an adult use.
4.Display of License and Permit. Every licensee (per Section 10-7-#) shall display a valid license in a conspicuous
place within the adult use business so that same may be readily seen by persons entering the premises.
5.Employment of Persons Under the Age of Eighteen (18) Prohibited. It shall be unlawful for any adult use licensee
or their manager or employee to employ in any capacity within the adult business any person who is not at least
eighteen (18) years of age.
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6.Hours of Operation. All areas within the premises of an adult use business shall be cleared of customers and secured
from customers and the public in general during the time when not permitted open for operation, and no person, other
than the licensee or their employees or agents, shall be permitted within the area of such premises during such hours
as listed below:
a.Monday through Saturday: 7:00am to 1:00am the next day
b.Sunday: 11:00am to 1:00am the next day
7.Violation and Penalty. Each day of violation of the requirements of this Section shall constitute a separate and
punishable offense.
Commercial Service Use Standards
A.Indoor Shooting Gallery/Gun Range .
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.
2. The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet 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 (25) percent of
the total floor area.
B.Public Storage Facilities/Mini Warehouse Storage .
1. All storage facilities shall be in completely enclosed buildings or structures when located in a Business Zoning District
or when located within one hundred fifty (150) feet of a property in a Residential Zoning District.
2. There shall be a minimum of twenty (20) feet between buildings.
3. Truck and storage pod rentals are permitted accessory uses.
Commercial Entertainment Use Standards
A.Commercial Entertainment, Outdoor.
1. All golf course and driving range perimeters shall be fully enclosed in netting not less than thirty-two (32) feet in height,
with the maximum height to be established in the Special Use process as specified in Section ##-###.
2. The netting shall be at least ninety (90) percent transparent.
B.Golf Course.
1. Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be nearer than five
hundred (500) feet to any dwelling on an adjacent zoning lot, with the exception of golf courses in the A-1 District
where the minimum separation requirement shall be three hundred (300) feet.
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Eating and Drinking Use Standards
A.Brewpub.
1. Brewpubs operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility
shall be no more than twenty-five (25) percent 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.
B.Microbrewery/Microwinery/Microdistillery
1.Microbreweries.
a. 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.
b. Microbrewery operations will be ancillary to a restaurant or eating establishment, and the brewing component of
the facility shall be no more than twenty-five (25) percent of the total floor area.
2.Microdistilleries and Microwineries .
a. 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.
b. All microdistilleries and microwineries located in business districts must have off-street or rear accessible loading
and unloading facilities.
c. 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.
Medical Use Standards
RESERVE
Vehicle Related Use Standards
A.Automobile Rental; Automobile Sales and Service/Open Sales Lot; Boat Sales and Rental; Recreational Vehicle
Sales and Rental; and Truck and Trailer Sales/Rental.
1. Open sales and rental lots shall be exempt from the landscape spacing requirements for the parking area perimeter
zone and instead may cluster required landscape elements in order to preserve views to goods offered for sale.
Industrial Use Standards
A.Artisan Manufacturing.
1. Gross floor area shall not exceed ten thousand (10,000) square feet.
2. Outdoor storage and/or outdoor operations or activities shall be prohibited.
3. Retail sales of goods manufactured on-site shall be permitted but shall be limited to twenty-five (25) percent of the total
area of the building.
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4. A maximum of one (1) residential unit shall be permitted but shall be limited to the upper floor or to the rear of the
artisan manufacturing use and shall not exceed twenty five (25) percent of the gross floor area.
B.Assembly, Production, Manufacturing, Testing, Repairing, or Processing.
1. All related activity shall take place within completely enclosed buildings unless otherwise specified.
2. Within one hundred fifty (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts, all
storage shall be in completely enclosed buildings or structures.
3. Storage not located within one hundred (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI
Districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto)
with a minimum height of eight (8) feet. In no case shall the solid walls or fences be lower in height than the enclosed
storage.
4. Solid fences or walls enclosing storage shall be meet the building foundation landscape requirements per Section 10-
5-#.
Transportation Use Standards
RESERVE
Alternative Energy Use Standards
A.General Requirements for all Alternative Energy Uses.
1.Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy
systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized
subject to compliance with the applicable codes and standards of the City.
2.Use. Alternative energy systems shall be an accessory to the principal permitted use of a site.
3.Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be
deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from
the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with
said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4.Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to
indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2)
square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or
manufacturing zoned properties are permitted, subject to the discretion of the City Council.
5.Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to
limit rotation of blades to prevent uncontrolled rotation.
6.Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in
commercial applications such as streetlights.
7.Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind
turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like
openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times
which cause the shadow flicker.
8.Screening. There shall be no required mechanical screening for alternative energy systems.
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9. Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such
conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding
properties.
10. Compliance. Wind energy systems shall meet or exceed current standards of the international building code and
Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the
authority to regulate wind energy systems, and all City codes.
11. Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system
in compliance with the standards contained in the current and applicable state or local building codes and any
applicable standards for said energy systems that are published by the International Building Code, as amended from
time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply
with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require
immediate removal of the system at the owner's expense.
B. Solar Farm.
1. No solar farm shall be erected on any lot less than three (3) acres in size.
2. A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty
(80) percent of a given parcel in any other District.
3. A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted
professional standards, given local soil and climate conditions.
4. Power and communication lines running between banks of solar panels and to electric substations or interconnections
with buildings shall be buried underground.
5. Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited.
6. Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted.
7. Groundcover as specified in Section 10-15-3(A)(7) shall be provided beneath all solar panels.
8. Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all
equipment, excluding fences, of:
a. Front and Corner Yards: one hundred (100) feet,
b. Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential
property lines.
9. Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet.
Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
a. Warnings.
(1) Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in
locations determined necessary by the Zoning Officer.
(2) The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911
address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a
day by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone
numbers shall remain active with all calls being voice recorded for verification purposes and with comments
and complaints logged and reported to the Zoning Officer monthly. The recorded calls shall be maintained for
at least twelve (12) months.
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10. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation
and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning
district specified elsewhere in this title.
11. Materials Handling, Storage, and Disposal.
a. All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from
the site promptly and disposed of in accordance with all federal, state, and local laws.
b. A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the
construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of
in accordance with all applicable local, state and federal laws.
12. Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that
the solar farm project is properly decommissioned, which shall include:
a. Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar
panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the
Zoning Administrator that it is diligently repairing such solar panel/array or component.
b. Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
c. Provisions for the restoration of the natural soil and vegetation,
d. An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3)
years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an
independent third-party verification of the decommissioning costs at any time. The costs for this verification shall
be reimbursed by the applicant and/or operator.
e. Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an
amount equal to the professional engineer's certified estimate of the decommissioning cost.
f. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his
successors, assigns, or heirs.
Figure 4.4. Solar Farm Standards
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C. Building-Mounted Solar Energy Systems.
1. Location. Building-mounted solar energy systems are allowed on the principal and accessory structures, any roof face
and side and rear building facades. The systems are allowed on the front or exterior side building facades if the
following conditions are met:
a. Solar access is optimized on the front and exterior side facades.
b. Systems are simultaneously used to shade the structure's doors or windows. See Figure 10-19-8C of this section.
2. Height. Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the
system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the
height of the parapet wall, whichever is greater. If the system is flush-mounted, the system must be less than eight (8)
inches from the roof surface. Refer to Figure 10-19-8A of this Section.
3. Quantity. The total square footage may not exceed the total area of the roof surface of the structure to which the
system is attached.
4. Projection. The system may project up to four (4) feet from a building facade or roof edge. The system may project
into an interior side or interior rear setback but shall be no closer than five (5) feet to the interior side or interior rear
property line. Refer to Figure 10-19-8B of this section.
a. Building-mounted solar energy systems affixed to or acting as an awning or canopy shall meet the building code
requirements as adopted.
Figure 4.5. Building-Mounted Solar Energy System Standards
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D. Freestanding Solar Energy Systems – Accessory Use.
1. Setbacks. All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and
interior rear property lines.
2. Permitted Yard Locations. Freestanding solar energy systems shall not be located within the required front yard or
corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public
easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto
nearby properties or roadways.
4. Maximum Height. Maximum height of freestanding solar energy systems shall be fifteen (15) feet unless otherwise
approved by the Zoning Administrator.
Figure 4.6. Freestanding Solar Energy System - Accessory Use Standards
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E. Freestanding Solar Energy System – Principal Use.
1. Setbacks. All parts of any freestanding solar energy system shall meet the setbacks established for the district in
which the system is located.
2. Permitted Yard Locations. A freestanding solar energy system shall not be located closer to the public right-of-way
than the front façade of the principal building on the adjacent lot(s). They shall not be permitted within any utility, storm
or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar
energy system shall be prohibited.
3. Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto
nearby properties or roadways.
4. Maximum Height. Maximum height of a freestanding solar energy system shall be fifteen (15) feet unless otherwise
approved.
F. Wind Farm.
1. No wind farm shall be erected on any lot less than four (4) acres in size.
2. Design and Installation.
a. Safety Certification.
(1) Wind farm systems shall conform to applicable industry standards, including those of the American National
Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer
Lloyd Wind Energic (GL), or an equivalent third party prior to plan approval.
(2) Following plan approval, a professional engineer shall certify, as part of the building permit application, that
the foundation and tower design of the wind farm system is within accepted professional standards, given
local soil and climate conditions.
b. Controls and Brakes. All wind farm systems shall be equipped with a redundant braking system. This includes
both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a
sufficient braking system for overspeed protection.
c. Electrical Components. All electrical components of the wind farm systems shall conform to applicable local,
state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical
commission). Utility lines connecting the towers, substations, etc., shall be placed underground where practical.
d. Turbine Consistency. To the extent feasible, the project shall consist of turbines of similar design and size,
including tower height. Further, all turbines shall rotate in the same direction.
e. Warnings.
(1) A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted
transformers and substations.
(2) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of
guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
(3) Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in
locations determined necessary by the Zoning Officer.
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(4) The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911
address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a
day by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone
numbers shall remain active with all calls being voice recorded for verification purposes and with comments
and complaints logged and reported to the Zoning Officer monthly. The recorded calls shall be maintained for
at least twelve (12) months.
f. Climb Prevention. All wind farm towers must be unclimbable by design or protected by anti-climbing devices
such as:
(1) Fences with locking portals at least six (6) feet high, or
(2) Anti-climbing devices twelve (12) feet vertically from the base of the wind farm tower.
g. Setbacks. Wind farm towers and appurtenant structures shall meet the following minimum setbacks.
(1) Wind farm towers shall be six (6) times the height of the wind farm tower or at least three thousand, two
hundred fifty (3,250) feet, whichever is greater, from any principal structure or use on the subject or
neighboring property.
(2) Wind farm towers shall be one and one-tenth (1.10) times the wind farm tower height from public roads, third
party transmission lines, and communication towers.
(3) Wind farm towers shall be one thousand six hundred forty (1,640) feet from adjacent property lines, as
measured from the center of the wind farm tower foundation.
(4) No part of a wind farm tower or foundation shall encroach on a public or private sewage disposal (septic)
system
(5) Above ground transmission facilities and poles shall be set back one-hundred fifty (150) feet from any portion
any principal structure or use on the subject or neighboring property.
h. Use of Public Roads. An applicant, owner, or operator proposing to use any City or County Road for the purpose
of transporting and installation of wind farm or substation parts and/or equipment for construction, operation, or
maintenance of the wind farm or substations, shall:
(1) Identify all such public roads, and
(2) Obtain applicable weight and size permits from relevant government agencies prior to construction.
(3) To the extent an applicant, owner, or operator must obtain a weight or size permit from the City, County, or
State, the applicant shall provide:
(a) Financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of
repairing any damage to public roads caused by constructing, operating or maintaining the wind farm
prior to the issuance of building permits.
(b) A signed copy of any agreements pertaining to the use of public roads prior to the issuance of building
permits.
i. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the
operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed
in the zoning district specified elsewhere in this title.
3. Operation.
a. Maintenance.
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(1) The owner or operator of the wind farm must submit, upon request a summary of the operation and
maintenance reports to the City. In addition to the annual summary mentioned in this subsection, the owner
or operator must furnish such operation and maintenance reports, as the City reasonably requests.
(2) Any replacement of equipment that is not a like-kind replacement using the same equipment in plan as
approved shall require that an amendment to the special use.
b. Materials Handling, Storage, and Disposal.
(1) All solid wastes related to the construction, operation, and maintenance of the wind farm shall be removed
from the site promptly and disposed of in accordance with all federal, state, and local laws.
(2) A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the
construction, operation, and maintenance of the wind farm shall be handled, stored, transported and
disposed of in accordance with all applicable local, state and federal laws.
c. Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure
that the wind farm project is properly decommissioned, which shall include:
(1) Provisions describing the triggering events for decommissioning the wind farm project. Any nonfunctioning
wind turbine of the project shall be decommissioned within thirty (30) days unless the operator has shown to
the Zoning Administrator that it is diligently repairing such wind turbine or component.
(2) Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
(3) Provisions for the restoration of the natural soil and vegetation,
(4) An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3)
years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an
independent third-party verification of the decommissioning costs at any time. The costs for this verification
shall be reimbursed by the applicant and/or operator.
(5) Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning,
in an amount equal to the professional engineer's certified estimate of the decommissioning cost.
(6) A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any
of his successors, assigns, or heirs.
Figure 4.7. Wind Farm Standards
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G. Building-Mounted Wind Energy Systems.
1. Location. Building-mounted wind energy systems are allowed on all principal and accessory structures and shall be
affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or
chimney of any structure.
2. Setback. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof.
3. Quantity. One (1) turbine is allowed for every five hundred (500) square feet of the combined roof area. For a pitched
roof, each surface of the roof shall be included in the roof area calculation.
4. Noise. Building-mounted wind energy systems shall not exceed the following:
a. Fifty-five (55) dBA when in or adjacent to all residential districts.
b. Sixty (60) dBA when in or adjacent to all nonresidential districts.
5. Height. The maximum height for a building-mounted wind energy system is fifteen (15) feet. The system is measured
from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof
pitches ten to twelve (10:12) or greater. The system shall not exceed fifteen (15) feet above the maximum permitted
height of the zoning district. Refer to Figure 10-19-6A of this Section.
6. Appearance Standards. Graphics, colors, corporate logos and text on wind energy systems located within business
or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
7. Warnings.
a. A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers
and substations.
b. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy
wires and along the guy wires up to a height of fifteen (15) feet from the ground.
c. Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in
locations determined necessary by the Zoning Officer.
d. The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911
address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day
by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone
numbers shall remain active with all calls being voice recorded for verification purposes and with comments and
complaints logged and reported to the Zoning Officer monthly. The recorded calls shall be maintained for at least
twelve (12) months.
Figure 4.8. Building Mounted Wind Energy Systems
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H. Freestanding Wind Energy System – Accessory Use.
1. Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is
fifteen (15) feet. See Figure 10-19-5A of this Section.
2. Permitted Yard Locations. A freestanding wind energy system shall not be located within the required front yard or
corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public
easement. The use of guywires as supports for a freestanding wind energy system shall be prohibited.
3. Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet
measured from the base to the highest edge of the system.
4. Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the
system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public
rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located
within any required setbacks of the respective zoning district.
5. Access. A freestanding wind energy system and all components shall be protected against unauthorized access by
the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. Noise. A freestanding wind energy system shall not exceed the following:
a. Fifty five (55) dBA when in or adjacent to all residential districts.
b. Sixty (60) dBA when in or adjacent to all nonresidential districts.
Figure 4.9. Freestanding Wind Energy System - Accessory Use Standards
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I. Freestanding Wind Energy System – Principal Use.
1. Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is
fifteen (15) feet. See Figure 10-19-5A of this Section.
2. Permitted Yard Locations. All parts of any freestanding wind energy system shall meet the setbacks established for
the district in which the system is located.
3. Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet
measured from the base to the highest edge of the system.
4. Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the
system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public
rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located
within any required setbacks of the respective zoning district.
5. Access. Freestanding wind energy systems and all components shall be protected against unauthorized access by the
public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. Noise. A freestanding wind energy system shall not exceed the following:
a. Fifty five (55) dBA when in or adjacent to all residential districts.
b. Sixty (60) dBA when in or adjacent to all nonresidential districts.
7. Warnings.
a. A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers
and substations.
b. Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy
wires and along the guy wires up to a height of fifteen (15) feet from the ground.
c. Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in
locations determined necessary by the Zoning Officer.
d. The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911
address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day
by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone
numbers shall remain active with all calls being voice recorded for verification purposes and with comments and
complaints logged and reported to the Zoning Officer monthly. The recorded calls shall be maintained for at least
twelve (12) months.
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Figure 4.10. Freestanding Wind Energy System - Principal Use Standards
Medical and Adult Use Cannabis Use Standards
A.General Requirements for all Cannabis Uses .
1.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.
2.On-Premises Consumption. On-premises consumption of cannabis products in all cannabis businesses operations is
prohibited.
3.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.
B.Cannabis Craft Grower.
1. Facility may not be located within five hundred (500) feet 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, 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 (250) feet 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.
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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. Cannabis craft grower shall be limited to one (1) facility within the boundaries of the City.
C. Cannabis Cultivation Center.
1. Facility may not be located within five hundred (500) feet 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, 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 (250) feet 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. Cannabis cultivation center shall be limited to one (1) facility within the boundaries of the City.
D. Cannabis Dispensing Organization.
1. Facility may not be located within five hundred (500) feet 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, 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 (250) feet 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 (75)
percent 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. Cannabis dispensing organizations shall be limited to one (1) facility within the boundaries of the City.
E. Cannabis Infuser Organization.
1. Facility may not be located within five hundred (500) feet 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 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 (250) feet 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 (75) percent of the floor
area must be devoted to the activities authorized by the Act.
4. Cannabis infuser organizations shall be limited to one (1) facility within the boundaries of the City.
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F.Cannabis Processing Organization .
1. Facility may not be located within five hundred (500) feet 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, 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 (250) feet of the property line of a pre-existing
property zoned or used for residential purposes, regardless of corporate boundary.
3. At least seventy-five (75) percent 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. Cannabis processing organizations shall be limited to one (1) facility within the boundaries of the City.
G.Cannabis Transporting Organization.
1. Facility may not be located within five hundred (500) feet 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, 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 (250) feet 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. Cannabis transporting organization shall be limited to one (1) within the boundaries of the City.
Institutional, Public, and Utility Use Standards
RESERVE Commented [JE1]: CHAPTER 18 - TELECOMMUNICATION
TOWER AND ANTENNA REGULATIONS should be added here. I
don’t know if these regulations are anywhere else in the UDO.
These are for towers locating or collocating on private property. The
standards within this section should also be added to the use table
in Chapter 3.
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Accessory Use Standards
A.Accessory Buildings and Accessory Structures, Permanent.
1.Location. Accessory buildings and structures shall be subject to the following locational requirements:
a. If located entirely within the required rear or side yard the accessory building or structure shall be located a
minimum of five (5) feet from side and rear property lines.
b.Only Aaccessory buildings shall be located at least ten (10) feet from the principal building, however, accessory
structures may be attached to or located adjacent to the principal building.
c. If located entirely within the buildable area of the lot the accessory building or structure shall not be located
between the primary building and the front property line.
d. No accessory building or structure shall be located within an easement.
If located partially in a required yard and partially in the buildable area of the lot, the accessory building or
structure shall maintain the required side setback for the full length of the property and be a minimum of five (5)
feet from the rear property line.
Figure 4.11. Permanent Accessory Buildings and Accessory Structures Standards
Commented [JE2]: “side setback adjoing street” is not
represented on the graphic
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2. Location on Reversed Corner Lots. On a reversed corner lot in a residence district and within fifteen (15) feet of any
adjacent property to the rear in a residence district, no accessory building or permanent accessory structure or portion
thereof shall be closer to the side lot line abutting the street than a distance equal to sixty (60) percent of the minimum
depth required in Table 10-3-9 for the front yard on such adjacent property to the rear. Further, in the above instance,
no such accessory building or structure shall be located within five (5) feet of any part of a rear lot line which coincides
with a side lot line or portion thereof of property in a residence district.
Figure 4.12. Permanent Accessory Building and Accessory Structure Location on Reversed Corner Lots
3. Time of Construction. No accessory building or permanent accessory structure with a connected water supply shall
be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory, or as
provided in section 10-3-3 of this title for contiguous parcels.
4. Height of Accessory Buildings or Structures in Required Rear Yards. No accessory building or permanent
accessory structure or portion thereof shall exceed fifteen (15) feet in height when located within the required rear yard.
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B. Accessory Commercial Unit
1. Only one (1) ACU may be allowed per lot.
2. An accessory commercial unit (ACU) shall be located in a permanent accessory building or structure subject to all
standards in Section 10-4-15.
3. Outdoor seating, drive-throughs, outdoor display areas, and rooftop decks associated with an ACU shall be prohibited.
4. An ADA-compliant pedestrian circulation system shall connect the primary entrance of the ACU building with the
sidewalk in a way that does not require out-of-direction travel.
5. The hours of operation shall be limited to between 7 am and 9 pm daily.
6. The City Council may limit the number of customers or clientele served by the ACU per day during the Special Use
Permit process.
7. The owner of the property on which the ACU is situated shall continue to occupy the principal residential structure on-
site as their primary residence.
C. Drive Throughs.
1. Drive throughs shall be permitted a maximum of three (3) menu boards per lane with a combined maximum of one
hundred twenty (120) square feet for all menu boards located on-site.
2. Each menu board or pre-order board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu
boards and pre-order boards may utilize electrically activated changeable copy message centers for one hundred (100)
percent of the permitted menu board or pre-order board area and must follow all regulations of Section ##-###.
3. Any structural element of a drive through, including pavement, speaker boxes, or menu signs shall be located a
minimum distance of five hundred (500) feet from the property line of any residentially zoned parcel.
4. Any speaker or intercom associated with a drive through shall not be audible beyond the boundaries of the property.
5. The hours of operation for a drive through adjoining a residential property shall be limited to between 7 am and 11 pm
daily.
6. Drive through canopies shall maintain a uniform and consistent roofline with the building to which the drive-through is
associated.
7. Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, shall not
cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.
8. Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or
otherwise delineated, subject to City Engineer approval.
9. Drive through facilities shall be provided with a bypass lane with a minimum width of ten (10) feet unless an alternative
means of exit is approved by the City Engineer.
10. Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane
widths:
a. One (1) lane: twelve (12) feet.
b. Two (2) or more lanes: ten (10) feet per lane.
c. Drive through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 9-
1-11(D).
Commented [JE3]: This may be too limiting depending on the
use. Is this necessary?
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Table 10-4-15(C) Drive Through Stacking Requirements
Use Minimum Stack Measure From
Automated Teller Machine 3 per machine teller machine
Bank Teller Lane 2 per lane teller or window
Restaurant 6 per order box order box1
Carwash Stall, Automatic 5 per stall stall entrance
Carwash Stall, Manual 3 per stall stall entrance
Oil Change Shop 3 per service bay service bay entrance
Pharmacy 4 per lane machine or window
Other as determined by the Zoning Officer
1. 4 of the required stacking spaces are to be located between the order-box and pick-up
window, including the stacking space at the order box.
D. Dwelling, Accessory.
1. One (1) secondary dwelling unit shall be permitted per lot.
2. Detached secondary dwelling units shall not exceed nine hundred (900) square feet or ten (10) percent of size of the
lot, whichever is less.
3. Internal or aAttached secondary dwelling units shall not exceed nine hundred (900) square feet or thirty (30) percent of
the size of the principal building, whichever is less.
4. Detached and attached secondary dwelling units shall be located to the rear of the primary building.
5. Only one (1) entrance shall be located on the front façade of the primary building. Entrances to secondary dwelling
units must be located on the side or rear façade.
6. On non-corner lots, both the primary structure and the accessory dwelling unit shall be served by one (1) common
driveway connecting the secondary dwelling unit to a public or private road. Corner lots with an accessory dwelling unit
may be allowed two (2) common driveways connecting to a public or private road, provided that each driveway is
located along a different road frontage.
7. Parking for the secondary dwelling unit shall be in addition to the parking space(s) required for the primary building.
The parking for the secondary dwelling unit shall not be located in the required front yard setback. A tandem parking
space, where one (1) car is parked behind another within the driveway, with the spaces required for the primary
building shall be prohibited.
8. Secondary dwelling units shall be similar in character to the primary building and to abutting properties including roof
pitch, eaves, exterior building cladding materials, windows, trim, color, and landscaping.
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Figure 4.13. Accessory Dwelling Standards
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E. Recreational Vehicle, Trailer, and Boat Parking .
1. Permanently Affixing to Ground Prohibited. Recreational vehicles, trailers, and other recreational equipment shall
not be permanently affixed to the ground as principal or accessory structures on a lot in any district.
2. Improved Hard Surface. Recreational vehicles, trailers, boats, and other recreational equipment shall be parked on a
driveway or a parking pad as specified in Section ##-### but may be parked on the grass if located in the rear yard as
approved only by the City Engineer.
3. Number. A maximum of one (1) recreational vehicle, trailer, boat, or other recreational equipment shall be parked on a
lot any given time.
4. Location.
a. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following if parked
in the rear yard:
(1) If located entirely within the required rear yard the recreational vehicle, trailer, boat, or other recreational
equipment shall be located a minimum of five (5) feet from side and rear property lines,
(2) If located entirely within the buildable area of the lot the recreational vehicle, trailer, boat, or other
recreational equipment shall not be located between the primary building and the front property line, or
(3) If located partially in the required rear yard and partially in the buildable area of the lot the recreational
vehicle, trailer, boat, or other recreational equipment shall maintain the required side yard setback for the full
length of the property and be a minimum of five (5) feet from the rear property line.
5. Screening. If a recreational vehicle, trailer, boat, or other recreational equipment is parked on a driveway located
within the required side yard setback it shall be screened from the adjacent property with a six (6) foot high opaque
fence.
F. Home Occupations. The standards for home occupations are intended to ensure compatibility with other permitted uses
and maintain the existing character of the surrounding area. Any gainful activity which is not a permitted home occupation
as defined in this title shall be considered a business use and shall not be allowed under the provisions of this Section. Any
such use existing on the effective date of this title shall be subject to provisions of chapter 15 for the elimination of a
nonconforming use.
1. Any customary home occupation shall be permitted provided that:
a. It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is
clearly incidental and secondary to the use of the dwelling for residential purposes.
b. It does not require internal or external alteration;
c. It does not involve construction features or use of equipment not customary in a dwelling;
d. The entrance to the space devoted to such occupation shall be from within the dwelling;
e. Not more than twenty-five (25) percent of the floor area, including the lookout basement, of the dwelling shall be
devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined
total square footage devoted to all such home occupations shall not exceed twenty-five (25) percent of the floor
area of the dwelling;
f. There is no display or activity that will indicate from the exterior of the dwelling that it is being used in part for any
use other than a dwelling.
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g. No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or
household purposes;
h. Off-street parking is provided in accordance with the provisions of section 10-5-1, of this title;
i. Limited amounts of goods, commodities or stock in trade shall be received, retained, used, or stored on, or
physically transferred from the premises;
j. It does not interfere with the reasonable use and enjoyment of adjacent properties, such as, but not limited to,
those home occupations that create any form of electromagnetic interference or cause fluctuation in line voltage
outside of the dwelling in which the home occupation is conducted;
k. It does not generate any solid waste or sewage discharge in a volume or type which is not normally associated
with a residential use in the zoning district; and
l. In-home daycare/childcare services shall meet the following provisions:
(1) Any person operating an in-home daycare/childcare service shall obtain a license from the Illinois
Department of Children and Family Services before commencing the operation of such service.
(2) Any person operating an in-home daycare/childcare service shall obtain an operational permit from the
Bristol Kendall Fire District.
(3) In home daycare/childcare services are limited to no more than twelve (12) children under the age of twelve
(12) at any one (1) time, unless approved through a special use permit pursuant to chapter 6 of this title.
2. Any home occupation requiring a local, state, or federal license shall be obtained.
3. The following home occupations are prohibited:
a. Selling or manufacturing of firearms;
b. Automobile Repair Services
b.c. Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
c.d. Manufacturing business;
d.e. Medical clinic or hospital;
e.f. Animal hospital or kennel (animal grooming services are permitted);
f.g. Restaurant;
g.h. Mortuary and funeral parlors; and
h.i. Commercial automobile repair;
i.j. Any activity that produces noxious matter or employs or produces flammable matter or is in violation of section 10-
3-10 of this title.
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G. Outdoor Displays. In the business and manufacturing districts outdoor displays are permitted accessory uses provided
that the following provisions are met. However, nothing in this section shall waive the prohibition of outdoor storage as
defined and regulated in this title.
1. Accessory Use. Outdoor displays shall be permitted only as an accessory use on the same lot as a permitted or
special use of the business or operation located there and shall not operate as a separate enterprise.
2. Nature of Merchandise. The goods, merchandise, or products offered for sale in an outdoor display area must be of
such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers,
farming equipment, landscape supplies, propane or other material contained in a pressurized tank, ice/vending
machines, recycling containers and automated teller machines (ATM). Goods, merchandise or products that are
typically located within a permanent building or structure, such as clothing and prepared food, shall not be offered for
sale in a permanent outdoor display area.
3. Location.
a. Setbacks. Outdoor display areas may be located in front of, on the side of, or behind the primary building, but
shall not encroach upon the required minimum yard setbacks for the zoning district in which it is located.
b. Parking. Outdoor display areas may be located within existing parking spaces but only if there is a sufficient
number of other parking spaces available to meet the minimum parking requirements of the use(s) on the
property, as provided in section 10-5-1 of this title.
c. Pedestrian Walkways. Outdoor display areas may be located on a pedestrian walkway if an unobstructed portion
of the walkway measuring not less than three (3) feet in width shall be continuously maintained for pedestrian
access and no point of ingress or egress from any building or any individual unit within any building shall be
blocked at any time.
d. Right-of-Way. Unless otherwise provided by this title, outdoor display areas shall not be located on any public or
private right-of-way.
e. Lawn. Outdoor display areas may be located on concrete, asphalt, or brick paver areas and shall not be located
on lawn areas or required landscape areas.
f. Near Single-Unit Residence District. No outdoor display areas shall be located within fifty (50) feet of any
single-unit residentially zoned district, exclusive of rights-of-way.
4. Size. Outdoor display areas shall be limited to thirty-five (35) percent of the gross floor area of the primary building or
tenant space to which the outdoor display area is an accessory, with the exception of vehicle, trailer and farming
equipment dealerships.
5. Visibility. Outdoor display areas shall comply with the Vision Clearance requirements of section 10-5-6 of this title.
6. Maintenance. All outdoor display areas must be maintained and displayed in a neat, orderly and safe manner at all
times.
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Temporary Use Standards
A.Accessory Structures, Temporary.
1. Temporary accessory structures shall be allowed for between thirty (30) days and six (6) months as approved through
a temporary use permit as specified in Section ##-###.
2. If located entirely within the required yard the accessory building or structure shall be located a minimum of five (5) feet
from side and rear property lines.
3. Temporary accessory structures accessory structures may be attached to or located adjacent to the principal building.
4. If located entirely within the buildable area of the lot the temporary accessory structure shall not be located between
the primary building and the front property line.
5. If located partially in the required rear yard and partially in the buildable area of the lot, the temporary accessory
structure shall maintain the required side yard setback for the full length of the property and be a minimum of five (5)
feet from the rear property line.
6.Time of Construction. No temporary accessory structure with a connected water supply shall be constructed on any
zoning lot prior to the start of construction of the principal building to which it is accessory, or as provided in section 10-
3-3 of this title for contiguous parcels.
B.Mobile Food Vendor Vehicles and Retail Vendor Vehicles.
1.Purpose. The purpose of this section is to encourage and regulate the operation of mobile food vendor and retail
vendor vehicles subject to operational standards, on public and private property within the City. These operational
standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and
added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the
general public.
2.General Provisions.
a. Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a certificate of registration from the
office of the City Clerk in accordance with title 3, chapter 5 of this Code.
b. Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county, and
local business tax, sales tax,and other tax requirements.
c. It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except
in compliance with the requirements of this section.
d. Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the City,
subject to the location and operational standards established in this title.
e. Mobile food vendor vehicles and mobile retail vendor vehicles shall not:
(1) obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to, access to
or from any business, public building, or dwelling;,
(2) conflict with the vision clearance requirements of section 10-5-6 of this title; or
(3) prevent access of emergency vehicles.
f. Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle.
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g. No amplified music or loudspeakers shall be permitted. Mobile food vendor vehicles and mobile retail vendor
vehicles shall comply with the provisions of the performance standards in section 10-13C-2 of this title. All smoke
and odors generated by a mobile food vendor vehicle shall comply with the provisions of the performance
standards in sections 10-13C-3 and 10-13C-4 of this title.
h. Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply
with the performance standards in section 10-13C-7 of this title.
i. No sales or service of alcohol shall be allowed by mobile food vendor vehicles.
j. Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for
use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris
generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be
collected and removed by the mobile operator.
3. Location and Operational Standards .
a. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-
Way.
(1) Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with
all State and local parking provisions which apply to the location at which it is parked, including any sign
prohibiting the parking or standing of a vehicle or indicating a parking time limit.
(2) Operation of mobile food vendor vehicles and mobile retail vendor vehicles within City parks shall be subject
to rules and regulations established by the Park Board.
(3) No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight
within a public right-of-way or on any other public property.
(4) Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way
within five hundred (500) feet from any K—12 school building, as defined by the State of Illinois, between the
hours of 7:00 a.m. and 4:00 p.m. on regular school days, unless as part of a permitted special event or rally.
(5) Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within twenty-five (25) feet
from a street intersection with a crosswalk, traffic light, or stop sign, or within twenty-five (25) feet from a
railroad crossing.
(6) Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing
customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide
and does not interfere with or obstruct the free passage of pedestrians.
(7) All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail
vendor vehicle facing away from the public street.
(8) Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with
any part of the vehicle, or any other equipment or furniture related to the operation of its business, except for
required refuse receptacles.
(9) Mobile food vendor vehicles greater than thirty-five (35) feet in length, or that occupy more than two (2) on-
street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned
properties.
(10) Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign
of another business.
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b. Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property .
(1) Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a
temporary accessory use in all zoning districts.
(2) Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than eight (8)of the required
parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located
on an unimproved lot.
(3) The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be
determined as follows:
(a) One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every five
hundred twenty-five (525) square feet of paved area (at least thirty-five (35) feet by fifteen (15) feet in
dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than thirty-five (35)
feet in length require a space at least seventy feet (75) by fifteen (15) feet.
(b) Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking
area or surface.
(c) Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not
impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent
public right-of-way.
(d) Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor
seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking
spaces per mobile food vendor vehicle or retail vendor vehicle.
c. Canteen Trucks Operating on Private Property.
(1) Canteen trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or
parcel is undergoing permitted construction activity.
(2) Canteen trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress, or
access to or from the construction site.
(3) No unattended canteen truck shall be parked overnight on any property.
d. Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles .
(1) Mobile food vendor vehicles and mobile retail vendor vehicles may provide private sales service within the
public right-of-way and on private property in residential districts only.
(2) Private vendor services by mobile food vendor vehicles and mobile retail vendor vehicles shall be limited to
private guests of the event host only. No walk-up customers are permitted.
(3) Payment shall occur directly between the event host and the mobile food vendor vehicle and retail vendor
vehicle. No payment transactions shall occur for individual orders.
(4) All operational standards for operating a mobile food vendor vehicle and mobile retail vendor vehicle as
provided in this section shall apply.
C. Storage of Roadway Construction Materials .
1. A temporary use permit and building permit shall be required prior to the establishment of a storage area for roadway
construction materials. In addition to all required permit application materials, the following shall be required:
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a. A site plan depicting the location of proposed construction material storage locations, site ingress and egress,
stormwater runoff control measures, other stormwater management practices, and any other information
requested by the Zoning Officer shall be required; and
b. A traffic plan.
2. Roadway construction material storage areas shall be utilized between the hours of 7:00am and 10:00pm only.
D. Portable Outdoor Storage Device . Portable outdoor storage devices are allowed in any district provided they are issued a
temporary use permit and meet the following conditions:
1. Only one portable outdoor storage device may be located on a lot at a time.
2. No portion of any portable outdoor storage device may extend onto the public right-of-way, including but not limited to
sidewalks, parkways, streets, or alleys unless otherwise approved through the temporary use permit.
3. The portable outdoor storage device shall not exceed eight (8) feet in width, twelve (12) feet in length and eight (8) feet
in height, or 768 cubic feet.
4. The portable outdoor storage device must be located on an impervious surface.
5. Placement of a portable outdoor storage device shall be limited to thirty (30) days per residential lot, per calendar year.
6. Placement of a portable outdoor storage device shall be limited to sixty (60) days per business, manufacturing,
institutional, open space, or agricultural lot, per calendar year.
7. Every portable outdoor storage device must be locked and secured when not being loaded or unloaded.
8. The temporary use permit shall be prominently displayed during the approval period.
9. The Planning and Zoning Commission may approve containers that exceed the allowable number, size, surface, or
length of time.
E. Temporary and Seasonal Uses.
1. Purpose. To further encourage the revitalization of the downtown and other areas within the City, these standards are
intended to provide a temporary but unique environment for relaxation, social interaction, and food or beverage
consumption within public rights-of-way and public sidewalks without impeding the free and safe flow of pedestrian or
vehicular traffic.
2. General Provisions.
a. Encroachment. A sidewalk cafe or parklet cafe shall not be considered an "encroachment" so long as all outdoor
facilities related thereto are temporary in nature, are not permanently affixed so as to extend below or above the
sidewalk or public right-of-way, involve no penetration of the sidewalk surface or public right-of-way, are not
attached to any building and are readily removable without damage to the surface of the sidewalk or public right-
of-way.
b. Time Period. Sidewalk cafes and parklet cafes may be permitted from April 1st through October 31st. Time
extensions may be granted for sidewalk cafe and parklet cafe operations per the discretion of the Community
Development Director on a case-by-case basis. Parklet cafes not removed after October 31st and without an
approved extension may be removed by the City at the owner's expense.
c. Permit.
(1) Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-7-# of
this title.
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(2) Outdoor dining on a public sidewalk or within the right-of-way may occur only pursuant to the issuance of a
permit.
(3) A sidewalk cafe or parklet cafe permit is non-transferrable.
d. Prohibited Locations. Outside dining will not be permitted on sidewalks or within the public right-of-way
designated by the City Council as shared bicycle and pedestrian trails or paths.
e. Seating. Seating in the sidewalk cafe or parklet cafe shall not be included to meet the required guest seating
capacity for any license classification.
f. Indemnification. The permittee shall defend, indemnify, and hold the City, and its employees harmless from and
against any loss or damage arising from the use or existence of the improvements or encroachment authorized
under the sidewalk cafe or parklet cafe permit.
3. Development and Design Standards. The following standards, criteria, conditions and restrictions shall apply to all
sidewalk cafes and parklet cafes, provided, however, that the Community Development Director or designee may
impose additional conditions and restrictions to protect and promote the public health, safety, or welfare to prevent a
nuisance from developing or continuing, and to comply with all other City ordinances and applicable state and federal
laws.
a. Sidewalk Café.
(1) Design Elements.
(a) Elements of a typical sidewalk cafe may include, but are not limited to, the following: barriers, planters,
tables, chairs, umbrellas, menu display, heat lamps and ingress/egress access point.
(b) The design, material, and colors used for the furniture and fixtures within the sidewalk cafe shall
complement the architectural style and colors of the building facade and public street furniture, if any,
and withstand inclement weather.
(2) Setbacks.
(a) No element of the sidewalk cafe, as described above, may obstruct the pedestrian way in a manner
which reduces the depth of the pedestrian way to less than five (5) feet. Light poles, tree wells, fire
hydrants and other such items may fall within the pedestrian path allowed between the curb and the
leading edge of the sidewalk cafe.
(b) A sidewalk cafe shall not unreasonably obstruct the visibility of neighboring businesses. In such cases a
sidewalk cafe operator may be required to adjust the layout of the outdoor dining area per the
recommendation of the Community Development Director or designee.
(c) Sidewalk cafes must be located a minimum distance of one hundred (100) feet from the nearest
residential zoned district.
(d) The width of the sidewalk cafe must not extend beyond the frontage of the business establishment
unless written notarized consent of the adjacent business and property owner has been provided to the
Community Development Director.
(e) Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the
building along both frontages.
(f) For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion
of the Community Development Director in locations where unusual circumstances exist or where public
safety would be jeopardized.
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(3) Barriers.
(a) The perimeter of sidewalk cafes that extend more than three (3) feet into the public right-of-way shall be
enclosed by barriers that are durable, removable, and maintained in good condition.
(b) Sidewalk cafes that extend three (3) feet or less into the public right-of-way and do not serve alcohol are
not required to be enclosed by a barrier.
(c) Sidewalk cafes that serve alcohol must be surrounded by a barrier in all cases. Barrier access point
must be controlled by the sidewalk cafe operator/business establishment. Business establishment
owners should maintain compliance with Yorkville's Liquor Control Ordinance standards for serving
alcohol outside of enclosed businesses.
(d) Moveable barriers and all furniture shall be removed at the end of each business day unless otherwise
approved by the Community Development Director or designee. Moveable barriers shall be capable of
being removed through the use of recessed sleeves and posts, wheels that can be locked in place,
and/or weighted bases. Barrier segment bases should be flat with tapered edges that are between one-
fourth (0.25) inch and one-half (0.5) inch thick.
(e) The maximum height of any barrier shall not exceed three (3) feet six (6) inches. The lowest point in the
barrier should be no more than six (6) inches in height above the ground to comply with ADA detectable
warning regulations.
(f) Rigid fence sections may be placed end-to-end to create the appearance of a single fence. Sectional
fencing shall be composed of metal or wood and shall be painted or finished in a complementary color
to the building color or accent materials. Sectional fencing may be constructed from other materials
such as but not limited to aircraft cable, fabric, steel or iron elements if approved by the Community
Development Director or designee.
(g) Planters.
(i) Planters may also be used as a barrier or planter boxes as barrier components.
(ii) Planters must be no more than three (3) feet in height and plant materials may be up to three (3)
feet tall.
(iii) Planters shall be kept in clean condition, contain living plants, and be removed at the end of each
business day.
(h) Access openings must be kept clear of all materials and should measure no less than forty-four (44)
inches wide.
(4) Awnings and Umbrellas.
(a) The use of awnings over the outdoor dining area or removable table umbrellas may be permitted
provided they do not interfere with street trees.
(b) No portion of the awning shall be less than eight (8) feet above the sidewalk and no portion of the
umbrella shall be less than seven (7) feet above the sidewalk.
(c) Awnings may extend up to five (5) feet from the front of the building's facade or cover up to fifty (50)
percent of the outdoor dining area, whichever is less.
(d) Awnings shall have no support posts located within the public right-of-way.
(e) A separate building permit must be obtained prior to the installation of the awning.
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(f) Notwithstanding any provisions in this Code, signs and logos shall be permitted on umbrellas or
awnings in outdoor dining areas.
(5) Prohibited Items.
(a) Permanently affixed furniture to the public sidewalk is prohibited.
(b) Shelves, serving stations, flimsy plastic tables and chairs, unfinished lumber or splintering wooden
materials, rusted metal, and loudspeakers, are prohibited.
(c) Tying or otherwise securing sidewalk cafe elements to trees, lamp posts, street signs, street lights,
and/or hydrants is prohibited.
(d) Chain link, rope rails, and chain are prohibited as barrier materials.
(e) Rails, buckets, flag poles, and newspaper stands are prohibited.
(f) No alterations or coverings should be made to the sidewalks or placed over the sidewalk cafe space.
Platforms, artificial turf, paint, or carpet in sidewalk cafe areas is prohibited.
(g) If wait service is not provided in the sidewalk cafe area, the business establishment is required to supply
a waste receptacle. If wait service is provided, the business establishment is prohibited from placing a
waste receptacle in the sidewalk cafe.
b. Parklet Café.
(1) The parklet cafe site shall be located on at least one (1) parking spot within the public way and
appurtenances thereof shall be a minimum of two (2) feet from the nearest edge of sidewalk. Parklet cafes
are restricted to City of Yorkville public streets and shall not be permitted on any state, county or township
roadways.
(2) Tables, chairs, umbrellas or other fixtures in the parklet cafe:
(a) Shall not be placed within five (5) feet of fire hydrants, alleys or bike racks.
(b) Shall not be placed within five (5) feet of a pedestrian crosswalk.
(c) Shall not block designated ingress, egress, or fire exits from or to the business establishment or any
other structures.
(d) Shall not be physically attached, chained, or in any manner affixed to any structure, tree, signpost, or
light pole.
(e) May be removed by the City at owner's expense if not installed per approved plans or installed after
permit expiration.
(f) Shall be maintained in a clean, sanitary, and safe manner.
(g) Shall consist of commercial-grade furniture.
(h) Shall not be placed outside or hang over the designated parklet cafe area.
(3) The parklet cafe shall be located in such a manner that a distance of not less than four (4) feet is maintained
at all times as a clear and unobstructed pedestrian path. For the purpose of the minimum clear path, traffic
signs, trees, light poles and all similar obstacles shall be considered obstructions.
(4) The parklet cafe, along with the sidewalk and roadway immediately adjacent to it, shall be maintained in a
neat and orderly manner at all times. Debris shall be removed as required during the day and again at the
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close of each business day. Maintenance details shall include access panels and how drainage will be
provided along the existing drainage way.
(5) Parklet cafe decking must be flush with the curb and may not have more than a one-half (0.5) inch gap from
the curb.
(6) The parklet cafe platform shall allow for access underneath the platform and curbside drainage may not be
impeded.
(7) All rails around the parklet cafe must be capable of withstanding a two hundred (200) pound horizontal force.
(8) The parklet cafe shall be required to have reflective tape, soft hit posts, wheel stops and, depending on the
proposed location, may be required by the Community Development Director or designee to have edging
such as planters, railing or cables.
(a) If cables are used, vertical spacing between cables may not exceed six (6) inches.
(9) Umbrellas and other decorative material shall be made of treated wood, canvas, cloth, or similar material that
is manufactured to be fire-resistant. No portion of an umbrella shall be less than six (6) feet eight (8) inches
above the sidewalk. Umbrellas must be secured.
(10) No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the
parklet cafe unless authorized by the Community Development Director or designee as part of a special
event.
(11) No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Community
Development Director or designee as part of a special event.
(12) Parklet cafes shall meet the vision clearance requirements of section 10-5-6 of this title.
SHOULD WE ADD BEE REGULATIONS AND DOMESTIC HEN REGULATIONS HERE? OR ADD CROSS REFERENCES TO
OTHER SECTIONS OF THE MUNICIPAL CODE? Commented [JE4]: See text.
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Chapter 5. Development Standards
Off-Street Parking and Loading............................................................................................................................................1
Driveways...........................................................................................................................................................................18
Landscape..........................................................................................................................................................................22
Screening...........................................................................................................................................................................36
Fences................................................................................................................................................................................39
Vision Clearance ................................................................................................................................................................41
Outdoor Lighting.................................................................................................................................................................41
Off-Street Parking and Loading
A.Purpose. The purpose of this section is to regulate off-street parking and loading areas on private property outside the
public right-of-way. The regulations are intended to achieve the following:
1. Relieve traffic congestion on streets by providing adequate, but not excessive, off-street parking;
2. Encourage the use of alternate forms of transportation including bicycling, transit, walking, and ride sharing services;
3. Avoid unnecessary conflicts between vehicles, bicycles, and pedestrians; and
4. Minimize negative impacts on adjacent properties and the environment.
B.General Provisions.
1.Application. The off-street parking and loading provisions in this section shall apply to the following:
a.New Development.All new buildings, structures, and land uses established after the adoption of this title must
comply with the parking and loading regulations established in this section.
b.Expansion. When an existing building or structure increases in intensity or is expanded, the number of parking
spaces and/or loading facilities must be modified to meet the parking and loading regulations. The number of
parking spaces and/or loading facilities that must be modified will be determined by the unit of measurement
specified for that land use in section 10-5-1(G). However, no building or structure lawfully erected or use lawfully
established prior to the effective date shall be required to provide additional parking spaces and/or loading
facilities unless the aggregate increase in units of measurements is greater than fifteen (15) percent.
c.New Use. Whenever the existing use of a building or structure is changed to a new use, parking or loading
facilities shall be provided as required for such new use, unless otherwise approved as an Administrative
Exception as detailed in section 10-#-#. However, if said building or structure was erected prior to the effective
date of this title, additional parking or loading facilities are mandatory only in the amount by which the
requirements for the new use would exceed those for the existing use if the latter were subject to the parking and
loading provisions of this title.
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2. Existing Parking and Loading Facilities. Accessory off-street parking or loading facilities which are located on the
same lot as the building or use served and were in existence on the effective date of this title shall not be required to
reduce the amount of parking and loading facilities regulated in this title. A change of occupancy is not a change of use
unless the new occupant is considered in a different use classification.
3. Control of Off-Site Parking Facilities. Where required parking facilities are provided on land other than the zoning lot
on which the building or use served by such facilities is located, they shall be and remain in the same possession or
ownership as the zoning lot occupied by the building or use to which the parking facilities are necessary. No such off-
site parking facilities shall be authorized and no zoning certificate shall be issued where the plans call for parking
facilities other than on the same zoning lot until and unless approved as an Administrative Exception as detailed in
section 10-#-#. Prior to approval as an Administrative Exception, the owners of the multiple properties shall provide an
agreement in a form approved by the City Administrator with consultation from the City Attorney attesting that the off-
site parking facilities will be maintained at all times during the life of the proposed use or building.
C. Use of Parking Areas.
1. All required off-street parking areas shall continually be available for the parking of operable vehicles of intended users
of the site.
2. No off-street parking area shall be used for storage of equipment or materials except where otherwise approved.
Requirements For All Parking.
3. Drive aisles shall be required in the parking areas that have five (5) or more spaces.
4. All required parking lots, by this Code, shall comply with the accessibility requirements of the State of Illinois
Accessibility Code and the ADA.
D. Parking Stall and Aisle Dimensions.
1. Standard Parking Stall and Aisle Dimensions. Standard parking spaces, including interlocking standard parking
spaces, shall comply with the minimum dimensional and layout requirements specified in Table 10-5-1(D)(1) and as
generally illustrated in Figure 5.1.
ABCDEF
Space
Width
Space
Depth
Aisle Width
(2-Way)
Aisle Width
(1-Way)
Depth of
Interlocking
Spaces Overhang
0 9' 20' 24' 12' n/a n/a
45 9' 18' 24' 12' 28.25' 2'
60 9' 18' 24' 18' 32' 2'
90 9' 18' 24' 24' 36' 2'
Table 10-5-1(D)(1) Standard Parking Stall and Aisle Dimensional Requirements
Parking
Angle
(degrees)
Figure Reference
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2. Compact Parking and Motorcycle Stall and Aisle Dimensions.
a. Compact parking stalls and aisles shall comply with the minimum dimensional and layout requirements specified
in Table 10-5-1(D)(2).
b. In parking areas containing more than ten (10) spaces, up to five (5) percent of the spaces exceeding the first ten
(10) spaces may be designed for compact vehicles.
c. Compact parking spaces shall be labeled for such purposes.
ABCDEF
Space
Width
Space
Depth
Aisle Width
(2-Way)
Aisle Width
(1-Way)
Depth of
Interlocking
Spaces Overhang
0 7.5' 18' 18' 12' n/a n/a
45 7.5' 15.5' 18' 12' 28.25' 1.5'
60 7.5' 16.25' 18' 16' 32' 1.5'
90 7.5' 15.5' 24' 24' 36' n/a
Table 10-5-1(D)(2) Compact Parking Space Dimensional Requirements
Parking
Angle
(degrees)
Figure Reference
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Figure 5.1. Dimensional Requirements of Parking Spaces and Drive Aisles
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E. Access and Cross Access.
1. Access. To ensure safe and efficient means of automobile access for all parking spaces, each required off-street
parking space shall open directly upon an aisle or driveway. unless the facility is serviced by a parking attendant.
2. Cross Access. To facilitate vehicular access between adjoining developments, encourage shared vehicle parking, and
minimize access points along streets, new multi-unit, nonresidential, and mixed-use development or redevelopment
shall comply with the following standards:
a. Internal vehicular circulation systems shall be designed to allow for vehicular cross-access between the
development’s vehicle parking facilities and vehicle parking facilities in an adjoining multi-unit, nonresidential, or
mixed-use development, or to the boundary of adjoining vacant land zoned to allow multi-unit, nonresidential, or
mixed-use development.
b. Required vehicular cross access between the adjoining lots shall be provided through the use of a frontage or
service street (if the lots front on a major thoroughfare right-of-way), a single two-way maneuvering lane, or two
one-way maneuvering lanes that are sufficiently wide to accommodate traffic by automobiles, service vehicles,
loading vehicles, and emergency vehicles.
c. The Zoning Administrator may waive or modify the requirement for vehicular cross access on determining that
such cross access is impractical or undesirable because it would require crossing a significant physical barrier or
environmentally sensitive area, would create unsafe conditions, or there exists an inability to connect to adjacent
property. City Council shall have the authority to waive or modify vehicular cross access requirements for all
public review processes involving review by City Council.
d. Easements allowing cross access to and from properties served by a vehicular cross-access, along with
agreements defining maintenance responsibilities of property owners, shall be recorded with the Register of
Deeds for the county in which the properties are located before issuance of a Building Permit for the development.
Figure 5.2. Cross Access Standards
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3. Surfacing. All open off-street parking areas shall be surfaced with a material and at a thickness per use type as
specified in the City of Yorkville Standard Specifications Driveway and Parking Lot Paving Standards.
F. Location. Off-street parking spaces may be located in any yard defined by this title. The location of off-street parking
spaces in relation to the use served shall be as prescribed below. All distances specified shall be property line to parking
space and a main entrance to the use served.
1. Residence Districts. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use
served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to, or directly across a street
or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred (300) feet from
such use.
2. Business and Manufacturing Districts. All required parking spaces shall be within one thousand (1,000) feet of the
use served, except for spaces accessory to dwelling units (except those located in a hotel) which shall be within three
hundred (300) feet of the use served. However, no parking spaces accessory to a use in a business or manufacturing
district shall be located in a residence district unless authorized by the Planning and Zoning Commission in accordance
with this title.
G. Off-Street Parking Requirements.
1. Minimum Requirements. Except as otherwise expressly stated, off-street parking spaces shall be provided in
accordance with the parking ratio requirements established in Table 10-5-1(H) Minimum Parking Requirements.
Parking spaces reserved for specific user groups, other than ADA compliant spaces and spaces with electric vehicle
charging stations, shall not count towards the minimum requirement.
2. Maximum Requirements. To minimize excessive areas of pavement, no off-street parking area for nonresidential or
multi-unit uses shall exceed the required minimum number of parking spaces by more than twenty (20) percent, except
as approved by the Zoning Administrator. In approving additional spaces, the Zoning Administrator shall determine that
the parking is needed based on documented evidence of actual use and demand provided by the applicant.
3. Parking in the B-2 District. Nonresidential uses in the B-2 Mixed Use District shall be exempted from providing off-
street parking as required in the form-based code.
4. Calculations. The following rules shall apply when calculating the required minimum number of parking spaces.
a. Fractions. When measurements of the number of required spaces result in a fractional number, the fraction shall
be rounded up to the next highest whole number.
b. Area Measurements. Unless otherwise expressly stated, all area-based (square footage) parking standards must
be computed on the basis of net floor area (NFA) as defined in Section ##-### of this ordinance.
5. Unlisted Uses. In the case of uses not listed in Table 10-5-1(H)(1) Minimum Parking Requirements, the number of
spaces for a similar use, as determined by the Zoning Administrator, shall apply.
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Table 10-5-1(G)(5) Minimum Parking Requirements
Use
Minimum Parking
Requirement, first 8,000 sq ft
Minimum Parking
Requirement, sq ft beyond
first 8,000
Agricultural Uses
Agricultural uses
n/a n/a Apiaries
Campground 1/campsite 1/campsite
Commercial feeding of fish, poultry, livestock
n/a n/a
Cultivation of nonfood crops and seeds used of cellulosic biofuels
production
Farming/Cultivation
Forestation
Grain elevators and storage
Nursery/greenhouses 1/1,000 sqft 0.5/1,000 sqft
Recreational camp - private 1/campsite 1/campsite
Riding academies with stables 1/6 stalls 1/6 stalls
Roadside stand 1/200 sqft 1/200 sqft
Stables or paddocks n/a n/a
Residential Uses
Dwelling, duplex
1/unit 1/unit
Dwelling, multi-unit
Dwelling, single-unit
Dwelling, accessory
Dwelling, townhouse
Senior housing, dependent 0.25/unit 0.25/unit
Senior housing, independent 0.5/unit 0.5/unit
Lodging Uses
Bed and breakfast inn
1/lodging unit 0.5/lodging unit
Hotel
Motel
Short-term rental
Commercial Retail Uses
Adult uses
3/1,000 sqft 2/1,000 sqft
Building material sales
Liquor store
Pawnbrokers/pawnshops
Retail store, general - less than one (1) acre
Retail store, general greater than one (1) acre
Commercial Service Uses
Adult daycare facility
3/1,000 sqft 2/1,000 sqft
Animal hospital
Art galleries/art studio
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Auction house
Bank
Commercial laboratory
Commercial/trade school
Daycare facility and preschools
Dry cleaning establishment
Entertainment Production Studio
Financial Institutions & Services
Funeral home/mortuary/crematorium
Health and fitness club/center
Indoor shooting gallery/range
Kennel, commercial or private dog kennels
Massage establishment
Off track betting (OTB) establishments
Post office/retail mail or package service
Professional services/offices 2/1,000 sqft 1/1,000 sqft
Public storage facilities/mini warehouse storage, enclosed 3/10 storage units 3/12 storage units
Public storage facilities/mini warehouse storage, unenclosed 1/45 storage units 1/55 storage units
Radio and television studios
3/1,000 sqft 2/1,000 sqft
Tattoo and body piercing establishment
Veterinary clinic
Commercial Entertainment Uses
Amusement park
As deemed appropriate by the
City Engineer.
As deemed appropriate by the
City Engineer.
Commercial entertainment, indoor
Commercial entertainment, outdoor
Community / Recreation center
Golf course, miniature
Golf course
Golf driving range
Indoor Event/Recreation Conversion
Outdoor music venues
Skating rink
Stadium
Swimming pool - indoor
Theater, live performance
Theater, motion picture
Eating and Drinking Uses
Brewery/Winery/Distillery tasting room
3/1,000 sqft 2/1,000 sqft
Brewpub
Microbrewery, microdistillery, and microwinery
Restaurant
Tavern - nightclub or lounge
Prepared Food Service Establishment
Medical Uses
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Hospital
1/300 sqft 1/300 sqft
Medical clinic / office
Treatment center
Vehicle Related Uses
Automobile parts/accessories sales
1/1,000 sqft 0.5/1,000 sqft Automobile rental
Automobile repair 1/200 sqft 1/200 sqft
Automobile sales enclosed and service/open sales lot
1/1,000 sqft 0.5/1,000 sqft
Boat sales and rental
Boat storage
Car wash without mechanical repair 1/car wash bay 1/car wash bay
Gasoline service station
1/gas pump and 1/300 sqft
accessory retail space
1/gas pump and 1/300 sqft
accessory retail space
Heavy machinery and equipment rental
1/1,000 sqft 1.5/1,000 sqft Recreational vehicle sales and service
Semi-truck repair 1/service bay 1/service bay
Truck and trailer sales/rental 1/1,000 sqft 0.5/1,000 sqft
Truck, truck-tractor, truck trailer, car trailer or bus storage yard -
not include motor freight terminal n/a n/a
Industrial Uses
Aggregate materials extraction, processing and site reclamation
(stone and gravel quarries)
0.5/1,000 sqft 0.3/1,000 sqft
Artisan manufacturing
Assembly, production, manufacturing, testing, repairing, or
processing
Bakery (wholesale - retail component special use)
Blacksmith or welding shop
Brewery/winery/distillery
Contractor facilities with outdoor storage
Contractor offices
Data Center
Dry cleaning plant
Manufacturer of firearms and ammunition
Newspaper publishing
Research laboratories
Wholesaling and warehousing - local cartage express facilities -
including motor freight terminal
Transportation Uses
Airport
As determined by parking
demand study (1)
As determined by parking
demand study (1)
Bus or truck garage or streetcar house
Bus or truck storage yard
Motor freight terminals
Railroad passenger station
Railroad repair shops, maintenance buildings and switching
yards
Alternative Energy Uses
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Solar farm 2 n/a
Building mounted solar energy systems
n/a n/a Freestanding solar energy systems - accessory use
Freestanding solar energy systems - principal use
max of 2 n/a Wind farm
Wind energy system, building-mounted
n/a n/a Wind energy system, freestanding - accessory use
Wind energy system freestanding - principal use max of 2 n/a
Medical and Adult Cannabis Uses
Cannabis Craft Grower n/a n/a
Cannabis Cultivation Center 1/1,000 sq ft 0.5/1,000 sq ft
Cannabis Dispensing Organization 3/1,000 sq ft 2/1,000 sq ft
Cannabis Infuser Organization
0.5/1,000 sqft 0.3/1,000 sqft Cannabis Processing Organization
Cannabis Transporting Organization
As determined by parking
demand study (1)
As determined by parking
demand study (1)
Institutional, Public, and Utility Uses
Cemetery
As determined by parking
demand study (1)
As determined by parking
demand study (1)
College, university or junior college
Communications use
Electric substation
Filtration plant
Fire station
Library
Other public utility facilities
Parks
Place of worship/assembly 1/6 seats 0.5/6 seats
Playground
As determined by parking
demand study (1)
As determined by parking
demand study (1)
Police station
Public utility - electric substations and distribution centers, gas
regulation centers and underground gas holder stations
Radio and television towers - commercial
Sanitary landfill
School, public or private
Sewage treatment plant
Solid waste disposal site
Utility company maintenance yard
Utility service yard or garage
(1) The applicant shall propose an appropriate parking requirement specific to their proposal, which shall be supported by a parking
study, and shall be approved by the City Engineer.
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H. Reserved Parking Spaces.
1. Curb-Side Pickup.
a. A maximum of five (5) percent of required parking spaces specified in Table 10-5-1 may be reserved for curb-side
pickup patrons.
b. Parking spaces reserved for curb-side pickup patrons shall be located either to the side of the principal building, in
the rear of the parking lot, away from main building entrances so as not to inhibit pedestrian travel between the
principal building entrance and off-street parking areas, near employee exits or in another location approved by
the Zoning Officer.
c. The Zoning Administrator may reduce the minimum number of parking spots required by one (1) space per
parking spot reserved for curbside pickup patrons.
2. Ride Share Pickup and Drop Off.
a. A maximum of five (5) percent of required parking spaces may be reserved for ride share pick up and drop off.
b. Parking spaces reserved for ride share pick up and drop off shall be located either to the side of the principal
building, in the rear of the parking lot, away from main building entrances, or in another location approved by the
Zoning Officer.
c. The Zoning Administrator may reduce the minimum number of parking spots required by space per parking spot
reserved for ride share pick up and drop off.
I. Electric Vehicle Charging Stations. Any parking structure, parking area serving a multi-unit use, or any parking area with
fifty (50) or more parking spaces, shall install the infrastructure required to accommodate a minimum of one (1) electric
vehicle charging station per every fifty (50) parking spaces.
PARKING FEE IN LIEU OF PROVIDING PARKING Commented [JE1]: We want to add an option to provide a fee
in lieu of parking. After researching with our intern, we would like to
model it after Naperville’s:
https://library.municode.com/il/naperville/codes/code_of_ordinance
s?nodeId=TIT11MOVETR_CH2PA_ARTESPSEARREPO_11-2E-
3PAFELIPRPADO
We would prefer a simpler calculation table where the developer
provides average costs of parking deck parking spots which will be
verified by the City Engineer, and then they can pay per spot that
they are not providing. Probably up to a maximum of 20% of total
required spots.
Also need to have language stating that the fee will go towards
providing, maintaining, and constructing public parking facilities.
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J. Allowed Reductions to Required Parking. Table 10-5-1(K) establishes reductions to required parking that may be
approved by the Zoning Administrator.
Adjustment Type Criteria Adjustment Amount
Pedestrian Access Nonresidential use is located where residents of
all residential and mixed-use areas within 1,320
feet of the subject property can walk to and from
the nonresidential use on a continuous
sidewalk system (ignoring intervening streets).
10% reduction
Public Parking Lots Nonresidential use is located within 900 feet of a
parking lot that is available for use by the public
without charge (either directly or through a
validation program in which the subject use
participates).
10% reduction
Single-family or duplex residential is located
along one or more public street frontages
where public parking is permitted.
One legal on-street parking space (to a maximum of two
parking spaces) can be substituted for every required off-
street parking space provided the on-street space is
located on a public right-of-way immediately abutting the
property or tenant space seeking the parking adjustment.
Where a partial space straddles an extension of a side
property line, the space may be counted by the abutting
property owner in front of whose property 50% or more of
the space is located.
Multifamily residential or nonresidential use
located along one or more public street
frontages where public parking is permitted.
One legal on-street parking space can be substituted for
0.5 of every required off-street parking space provided
the on-street space is located on a public right-of-way
immediately abutting the property or tenant space
seeking the parking adjustment.
Curbside Parking Commercial retail or eating and drinking use
offering an online curbside pickup option.
One curbside parking space can be substituted for every
required off-street parking space to a maximum 5%
reduction of the total number of off-street parking spaces.
Table 10-5-1(J) Allowed Reductions to Required Parking
On-Street Parking
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K. Shared Parking.
1. Purpose. Shared parking is the use of a parking space by vehicles generated by two (2) or more individual land uses
without conflict or encroachment. Shared parking for multiple uses creates better pedestrian connections and reduces
reliance on private vehicles because multiple trips may be taken by walking. Shared parking is encouraged for the
benefits it provides as long as the use follows the conditions and standards listed below.
2. The ability to share spaces is the result of two (2) conditions:
a. Vehicles accumulate at different times; either by hours, days, or seasons.
b. Relationship of the uses allows for multiple visits in one (1) auto trip.
3. Shared Parking Uses. The uses listed in Table 10.16.04 of this section are uses that are generally considered prime
candidates for shared parking. While these are considered the main uses to have shared parking, the Zoning
Administrator has the final authority on what uses may or may not share parking regardless of if the use is listed in
Table 10.16.04 of this section or not.
a. For purposes of this Section, the following uses are considered daytime uses:
(1) Office Uses,
(2) Commercial Service Uses,
(3) Commercial Retail Uses,
(4) Industrial Uses, and
(5) Other similar primarily daytime uses, as determined by the City Council.
b. For purposes of this Section, the following uses are considered evening or weekend uses:
(1) Physical Health and Entertainment Uses,
(2) Public/Semi-Public Uses,
(3) Eating and Drinking Uses, and
(4) Other similar primarily nighttime or weekend uses, as determined by the City Council.
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4. Standards.
a. The applicant must demonstrate that the shared parking area has a sufficient amount of spaces for the uses they
intend to share the area with. The Zoning Administrator may require the applicant to provide data to support the
sufficient parking claim.
b. The nearest parking space shall be no farther than one thousand (1,000) feet from the principal buildings,
structures, or uses. The path from the parking space to the principal building should consider:
(1) Adequate lighting.
(2) Separation from the right-of-way.
(3) Legal crosswalks for right-of-way crossing.
(4) Asphalt, concrete, or similar surface material.
c. A legal document between the property owners that guarantees access to the shared parking must be submitted
to the Zoning Administrator. The document will be approved by the City before being recorded. The termination of
the agreement must be approved by the City and the owners must provide proof that each establishment meets
the criteria within this title.
L. Pedestrian Circulation Standards.
1. Off-street parking areas shall include on-site pedestrian circulation systems to ensure the safety of pedestrians,
bicyclists, and motorists.
2. The on-site pedestrian circulation system shall comply with all ADA standards.
3. The on-site pedestrian circulation system shall be marked and must connect all buildings on the site to one another
and provide connections to the required vehicle and bicycle parking spaces.
4. The on-site pedestrian circulation system must connect building entrances to adjacent public rights-of-way along direct
routes that do not require significant out-of-direction travel.
5. The on-site pedestrian circulation system shall provide at least one (1) connection to adjacent properties along a
shared street frontage. Connections must provide access to existing walkways on adjacent properties, or to the likely
future location of walkways on those properties. The Zoning Administrator may waive this requirement upon
determining that no walkway exists, a future walkway is unlikely to exist, or such connection would create a safety
hazard.
6. Connections to existing and future planned trails shall be provided.
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M. Bicycle Parking. The purpose of this section is to provide sufficient, safe, and convenient bicycle parking to encourage
bicycling as a form of transportation, reducing traffic congestion, air pollution, wear and tear on roads, and use of fossil
fuels, while fostering healthy physical activity.
1. Types of Parking. The following types of bicycle parking shall be allowed:
a. Short-Term Parking.
(1) Bicycle Rack. A bicycle rack is a device that is capable of supporting a bicycle in a stable position that
secures the bicycle with at least two (2) points of contact. A single rack provides two (2) parking spots. The
rack shall be no taller than three (3) feet tall and no less than eighteen (18) inches in length.
(2) Bicycle Shelter. A bicycle shelter is a covered parking area and provides all weather protection. The shelter
should be designed to hold many bicycles. It is preferred that the shelter be close to other forms of
transportation to encourage bicycle riding throughout the City.
b. Long-Term Parking.
(1) Bicycle Locker. A bicycle locker provides an all-weather, high security, and long-term parking solution. The
enclosure should be made out of durable material that will keep the bicycle safe from weather or vandalism.
The locker must be able to be locked to prevent theft and it must be able to be unlocked by the user for easy
access. It is preferred that bicycle lockers are placed near other forms of transportation to encourage bicycle
riding throughout the City.
(2) Bicycle Station. A bicycle station provides the highest level of service for long term parking. The station is
intended to be a regional hub for bicycles in the area and it is expected for the station to provide services to
cyclists. These services may include, but are not limited to, repair, lockers, showers, food and beverages,
rental, and other storage facilities.
2. Off-Street Parking Reduction For Bicycle Parking.
a. A reduction in the number of off-street vehicle parking spaces required shall be permitted for the provision of
bicycle parking provided that:
(1) No fee is required for using the bicycle parking made available;
(2) When calculation of the maximum number of reduced parking spaces results in a fraction, the resulting
number shall be rounded to the next highest integer.
b. The reduction in the number of vehicle parking spaces shall be reduced by no more than one (1) space for every
two (2) bicycle parking spaces, but no more than five (5) percent of the total required spaces.
c. This provision is applicable to all land uses except single-unit residential and two-unit residential.
N. Land Banked Parking Facilities. Land banking allows for the designation of a portion of land on a site that would be
required for parking to be held and preserved as open space, rather than constructed as parking. This reduces the amount
of impervious surface on a site for developments which otherwise would not have enough parked vehicles to fill the
minimum required parking stalls, or "bank" the spaces until such time capacity warrants their construction.
1. Standards. The Planning and Zoning Commission may permit land banking of up to twenty-five (25) percent of the
required parking spaces through the variance process, subject to the following:
a. Sufficient evidence is provided by the applicant that supports the reduced parking needs.
b. Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an
area suitable for parking at a future time.
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c. Landscaping of the land banked area must be in full compliance with this title and, at a minimum, landscaped with
turf. As a result of the site plan review process, the Planning and Zoning Commission may require additional
landscaping of the land banked area.
d. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the
same ownership.
e. As part of the variance process, the applicant must show the area to be banked on the overall site plan and
marked as "Land Banked Future Parking".
2. Land Bank Plans Required. The owner of the property making a land bank request shall submit a detailed land
banked parking plan for review and approval by the Planning and Zoning Commission. The land banked parking plan
shall show both full compliance with the parking regulations of this chapter and the land bank area showing the
reduced number of parking spaces.
3. Termination of Land Bank.
a. The City Council shall have the right in its discretion to require the property owner or successor, to construct all or
a portion of the land banked parking facilities. Instances for termination, shall include, but not be limited to:
(1) The intensity of the use is increased,
(2) The type of use changes,
(3) There is an addition to the property or building.
b. The Zoning Administrator will provide notice to the owner that the land banked parking facilities must be
constructed and completed within one (1) year from the date of the notice.
O. Off-Street Loading Regulations and Requirements.
1. Location. All loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles
over two (2) tons of capacity shall be closer than fifty (50) feet to any property zoned or used for residential purposes
unless all loading and unloading activities are located completely within the building, screened by the requirements for
Transition Area D as detailed in section 10-5-3. No permitted or required loading berth that is open to the sky shall be
located within any front or corner side yard and shall not be located within fifty (50) feet of the nearest point of
intersection of any two (2) streets.
2. Size. Required size shall be determine on a case-by-case basis depending on the narrative provided by the petitioner
or traffic study and shall be as approved by the Zoning Administrator.
3. Surfacing. All open off-street loading berths shall be improved with a compacted aggregate base not less than twelve
(12) inches and surfaced with not less than four (4) inches of bituminous concrete or six (6) inches of concrete or some
comparable all weather dustless material. The exact design to be determined based on projected use of the loading
berth.
4. Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading
facilities provided in any district.
5. Loading Spaces Not to be Used for Parking Requirements. Space allocated to any off-street loading berth shall
not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
6. Special Uses. For special uses other than prescribed hereinafter, loading berths adequate in number and size to serve
such use, as determined by the Zoning Administrator, shall be provided.
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7. Required Off-Street Loading Spaces. The number of loading spaces provided shall be determined on a case-by-
case basis as approved by the Zoning Administrator and based on a narrative provided by the petitioner or traffic
study. These spaces shall be provided in a manner that does not interfere with internal site circulation, ingress or
egress to the site, access to or use of required off-street parking areas and pedestrian circulation areas, and with the
public use of streets or alleys.
Figure 5.3.Off-Street Loading Standards
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Driveways
A.General Driveway Standards. All driveways shall comply with the City of Yorkville’s surfacing requirements as established
in the City’s Standard Specifications.
B.Single-Unit Driveway Standards. A single slab driveway from the property line to legal, on-site parking shall be provided
and shall be in conformance with the following criteria.
1.Limit of One. One (1) single slab driveway and one (1) curb cut shall be permitted per every seventy-five (75) feet of
frontage of a single-unit residential lot. New residential parcels taking access from collector or arterial streets, shall
share driveways in order to protect public safety by limiting curb cuts.
2.Single-Slab Driveway Design Standards.
a. Single-slab driveways shall not exceed twenty-five (25) feet in width at the property line.
b.Surfacing.Single-slab driveways shall be surfaced as specified in the City of Yorkville’s City Standard
Specifications.
Figure 5.4. Single-Unit Driveway Standards
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3. Garage Access Drive. A garage access drive, the width of the garage, as measured from the garage door(s) plus an
additional one (1) foot on either side of the garage door(s), is permitted to extend for a distance of sixteen (16) feet
from the garage doors before tapering, within five (5) feet, back to the maximum driveway width.
Figure 5.5. Garage Access Drive Standards
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4. Parking Pad.
a. Limit of One. A single-unit driveway may be extended to include one (1) parking pad.
b. Configuration.
(1) A parking pad shall be a maximum of ten (10) feet in width.
(2) The portion of the parking pad adjacent to the driveway shall have a maximum length of twenty (20) feet, as
measured from the front façade line of the garage. A minimum seven (7) foot taper shall be included in the
twenty (20) foot maximum.
(3) The portion of the parking pad adjacent to the garage shall have a maximum length equal to the depth of the
garage, as measured from the front façade line of the garage.
c. Location. The parking pad shall be set back a minimum of five (5) feet from any side property line and shall be
outside of all easements.
d. Surfacing. Parking pads shall be surfaced with material and at a thickness as specified in the City of Yorkville’s
City Standard Specifications.
e. Screening. All parking pads located within a required side yard shall be screened from view when facing
adjoining property lines with material at least fifty (50) percent opacity and at a minimum height of five (5) feet.
The provision of fencing subject to the requirements of Section ##-### shall meet this requirement.
f. Covered Structures. Covered structures located over parking pads shall not be allowed.
g. Vehicle Parking. No vehicle over ten (10) feet in height may be parked on a parking pad.
h. Corner Lots. Parking pads shall not be allowed on corner lots.
Figure 5.6. Parking Pad Standards
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D. Multiunit and Nonresidential Driveway Standards.
1. Location.
a. Where an off-street parking area of a corner lot abuts an alley or a corner side street, access to the off-street
parking area shall be obtained from a driveway off the alley or corner side street.
b. No lot can have multiple driveways for purposes of vehicular ingress and egress without a minimum three hundred
(300) foot separation between such curb cuts along a street.
2. Driveway Design Standards.
a. Two-way driveways for multi-unit and nonresidential uses shall be a minimum of twenty-five (25) feet and a
maximum of thirty-six (36) feet at the property line.
b. One-way driveways for multi-unit and nonresidential uses shall be a minimum of sixteen (16) feet and a maximum
of twenty (20) feet at the property line.
c. Driveways for multi-unit and nonresidential uses shall be surfaced with an asphaltic concrete or portland cement
pavement.
Figure 5.7. Multiunit and Nonresidential Driveway Standards
E. Vehicle Stacking For Drive Throughs. Vehicle stacking spaces for drive through uses shall be provided as specified in
Section 10-4-15(C).
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Landscape
Landscape improvements required by this section shall apply to all nonresidential, mixed use, and multi-unit development and
consist of living vegetation in a combination of plants, trees, shrubs, native grasses, perennials, and/or groundcover. Unless
otherwise stated in this section, all size specifications for plant materials shall be based upon the time of planting. When caliper
is specified for tree planting, the caliper of the tree trunk shall be measured at average breast height. Any plant materials used to
meet the requirements of this section shall not include any plant material identified as an invasive species by the Illinois
Department of Natural Resources.
A.Planting Types.
1.Canopy Trees. A woody plant (deciduous or evergreen) having not less than a two and one-half (2.5) inch caliper with
single central axis which typically reaches a mature height of not less than forty (40) feet and a mature spread of not
less than fifteen (15) feet.
2.Understory Trees. A woody plant having not less than a one and one-half (1.5) inch caliper, or six (6) feet tall for
multiple stem species, that normally attains a mature height of at least fifteen (15) feet.
3.Evergreen Trees. A tree having foliage that persists and remains green throughout the year and has a height of not
less than six (6) feet at installation and maturing to a height of not less than twenty (20) feet.
4.Shrubs. A woody plant (deciduous or evergreen) of low to medium height characterized by multiple stems continuous
from its base and having a height of not less than two (2) feet, unless classified as a shrub by the State of Illinois.
5.Native Grasses. Grasses that are native to the State of Illinois, not including noxious weeds.
6.Herbaceous Perennials. Plants with non-woody stems whose above-ground growth largely or totally dies back during
winter months but whose underground plant parts (roots, bulbs, etc.) survive.
7.Groundcover. Spreading herbaceous plants, other than turf grass, prostrate shrubs, or woody vines normally reaching
an average maximum height of eighteen (18) inches at maturity.
Figure 5.8. Planting Types
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B. Required Landscape Zones. Figure 6.3 illustrates the location of the required landscape zones as detailed in the following
sections. The Zoning Administrator may approve exceptions to the required landscape zone as an administrative exception
specified in Section ##.
Figure 5.9. Required Landscape Zones
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C. Building Foundation Landscape Zone . All nonresidential, mixed-use, and multi-unit development where a front yard
setback is required, with the exception of food processing facilities regulated by the FDA, shall include landscape located at
the building foundation as required by this section. Landscape required by this section shall be in addition to landscape
required under other sections of this title. It is the objective of this section to provide a softening effect at the base of
buildings.
1. Applicable development is required to maintain a building foundation area at front and exterior side yards extending at
least seven (7) feet from the building foundation.
2. Foundation plantings shall be designed to supplement buffer yard plantings to frame important views, while visually
softening long expanses of walls.
3. Foundation plantings shall be installed in a manner that complements the architecture of the building, as approved by
the Zoning Administrator, depending on site conditions and the location of walkways and driveways.
4. Foundation plantings shall be installed in groupings of individual plants in a manner that enhances the site’s
appearances as approved by the Zoning Administrator.
5. Foundation plantings may include a mixture of the planting types specified in Section 10-5-3(A).
6. Where the area between the building and parking lot or street curb is entirely paved for pedestrian use, landscaping
may consist of canopy trees planted in structural soils beneath tree grates or permeable pavement, at the rate of one
(1) tree per fifty (50) linear feet of building facade. Minimum structural soil volume shall be six-hundred (600) cubic feet
per tree.
7. Above-ground stormwater planter boxes installed on-site may be substituted for foundation plantings as deemed
appropriate by the Zoning Administrator.
Figure 5.10. Building Foundation Landscape Zone
Commented [JE2]: Should we require a square footage
amount that has a ratio to the wall frontage? Side yards could be
tight.
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D. Parking Area Perimeter Landscape Zone. Landscape required by this section shall be in addition to landscape required
under other sections of this title. It is the objective of this section to provide screening between off-street parking areas and
rights-of-way, and to provide for the integration of stormwater management with required landscaping.
1. Location. All off-street parking areas which abut a public or private right-of-way, excluding alleys, shall include
landscape and trees as required by this section located between the back of curb of the off-street parking area and the
right-of-way.
2. Applicability. The parking lot perimeter landscape regulations of this section apply to the following:
a. The construction or installation of any new off-street parking area; and
b. The expansion of any existing off-street parking area, in which case the requirements of this section apply only to
the expanded area.
3. Requirements. Perimeter landscape shall be established along the edge of the off-street parking area and have a
minimum width of seven (7) feet as measured from the back of curb of the off-street parking area, to accommodate
vehicle bumper overhang and ensure planting areas that are adequate in size.
a. One (1) shrub or native grasses shall be planted for every three (3) feet of landscape area length.
b. Landscaped areas outside of shrubs/native grasses and tree masses shall be planted in live groundcover.
c. A low masonry wall or fence the height of which provides effective screening to a maximum height of three (3) feet
may be used in conjunction with required landscaping as detailed above. Plant materials shall be installed
between the sidewalk and the fence or wall to provide a softening effect.
Figure 5.11. Parking Area Perimeter Landscape Zone
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E. Parking Area Interior Landscape Zone. All off-street parking areas shall include landscape and trees located within the
off-street parking area as required by this section. Trees and landscape required by this section shall be in addition to trees
and landscape required under other sections of this title. It is the objective of this section to provide shade within parking
areas, break up large expanses of parking area pavement, support stormwater management where appropriate, improve
the appearance of parking lots as viewed from rights-of-way, and provide a safe pedestrian environment.
1. Applicability. The parking area interior landscape zone regulations of this section apply to the following:
a. The construction or installation of any new off-street parking lot containing ten (10) or more parking spaces; and
b. The expansion of any existing off-street parking area if the expansion would result in ten (10) or more new parking
spaces, in which case the requirements of this section apply only to the expanded area.
2. Requirements. For off-street parking areas consisting of ten (10) or more continuous spaces, interior parking area
landscape as described in this section shall be required. Off-street parking areas consisting of fewer than ten (10)
continuous spaces that are located in front or to the side of the principal building shall be required to terminate all rows
of parking with a parking area end cap meeting the standards of subsection 4 below. Off-street parking areas
consisting of fewer than ten (10) continuous spaces that are located to the rear of the principal building shall be exempt
from parking area interior landscape zone requirements.
3. Amount. The amount of required parking area interior landscape shall be determined by the location of the off-street
parking area in relation to the primary building as detailed below.
a. Off-Street Parking Areas in Front or Side of Primary Building.
(1) Parking Area End Caps. A parking area end cap shall be located at the end of any bay of parking bordered
by a drive aisle, public or private street, or pedestrian circulation system.
(2) Parking Area Median Amount Requirement. Parking area medians shall be placed between every third
bay of parking.
(3) Parking Area Island Amount Requirement. Parking area islands shall be located on parking bays which
are not required to have parking area medians. Parking area islands shall be spaced not more than fifteen
(15) continuous spaces apart.
Figure 5.12. Off-Street Parking Area Interior Landscape Zone in Front or Side or Primary Building
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b. Off-Street Parking Areas in Rear of Primary Building.
(1) Parking Area End Caps. A parking area end cap shall be located at the end of any bay of parking bordered
by a drive aisle, public or private street, or pedestrian circulation system.
(2) Parking Area Median or Parking Area Island Amount Requirement . The developer may choose to install
either parking area medians or parking area islands. If the developer chooses to install parking area
medians, they shall be placed between every third bay of parking. If the developer chooses to install parking
area islands, they shall be spaced not more than one-hundred eighty (180) feet or more than twenty (20)
continuous spaces apart.
Figure 5.13. Off Street Parking Area Interior Landscape Zone in Rear of Primary Building
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4. Parking Area End Cap Standards.
a. Size. Parking area end caps shall be a minimum of ten (10) feet wide by eighteen (18) feet long as measured
from the back of the curb to back of the curb and shall have a minimum soil depth of thirty-six (36) inches. Double
rows of parking shall provide parking area end caps opposite one another to form a continuous single end cap.
b. Planting. A minimum of one (1) canopy tree and three (3) native grasses shall be provided for every parking area
end cap. If the end cap extends the width of a double bay, then two (2) canopy trees shall be provided. The
mature height of the shrubs or native grasses shall not exceed thirty-six (36) inches and all canopy trees shall not
branch below eight (8) feet to preserve site lines and visibility within the parking lot.
c. Design. Parking area end caps shall be protected with concrete curbing or other suitable barriers approved by the
Zoning Administrator. Such end caps shall be properly drained or irrigated as appropriate to the site conditions to
ensure survivability of plant materials and proper stormwater management function.
Figure 5.14. Parking Area End Cap Standards
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5. Parking Area Median Standards.
a. Size. Parking area medians shall have a minimum width of ten (10) feet and minimum soil depth of thirty-six (36)
inches.
b. Planting. A minimum of one (1) canopy tree and fifteen (15) shrubs or native grasses shall be planted for each
fifty (50) linear feet of parking area median. The mature height of the shrubs or native grasses shall not exceed
thirty-six (36) inches and all canopy trees shall not branch below eight (8) feet to preserve site lines and visibility
within the parking lot.
c. Design. Parking area medians shall be protected with concrete curbing unless the parking area median is
designed to be utilized for stormwater management in which case the perimeter shall be protect by wheel stops,
or other suitable barriers approved by the Zoning Administrator. Such medians shall be properly drained or
irrigated as appropriate to the site conditions to ensure survivability of plant materials and proper stormwater
management function.
Figure 5.15. Parking Area Median Standards
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6. Parking Area Island Standards.
a. Requirements. Parking area islands shall only be required for parking areas with fifteen (15) or more contiguous
spaces in a row.
b. Size. Parking area islands shall be a minimum ten (10) feet wide by eighteen (18) feet long and shall have a
minimum soil depth of thirty-six (36) inches. Double rows of parking shall provide parking area islands opposite
one another to form continuous single islands.
c. Planting. A minimum of one (1) understory tree shall be provided for every parking area island. If the island
extends the width of a double bay, then two (2) understory trees shall be provided. Understory trees shall not
branch below eight (8) feet to preserve site lines and visibility within the parking lot.
d. Design. Parking area islands shall be protected with concrete curbing or other suitable barriers approved by the
Zoning Administrator. Such islands shall be properly drained or irrigated as appropriate to the site conditions to
ensure survivability of plant materials and proper stormwater management function.
Figure 5.16. Parking Area Island Standards
7. Pedestrian Circulation Systems. Pedestrian circulation systems, as required in the interior of off-street parking areas
in section 10-5-1(J) shall be located along parking area medians. The Zoning Administrator may waive or modify this
requirement on determining that locating pedestrian circulation systems along parking area medians is impractical due
to site conditions or undesirable because it would create unsafe conditions.
8. Pedestrian-Scale Lighting. Pedestrian-scale lighting of an adequate height and design is encouraged to be provided
at adequate intervals to illuminate the pedestrian circulation systems.
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9. Type of Landscape Material. Except where areas are designed as vegetated stormwater management areas, canopy
trees shall be the primary plant materials used in parking area islands and canopy trees and shrubs or native grasses
shall be the primary plant materials used in parking area medians. Understory trees, perennials, groundcover, and
other plant materials may be used to supplement the required plantings but shall not create visibility concerns for
automobiles and pedestrians. If medians or islands are designed as stormwater management areas, deviations from
required plantings may be approved by the Zoning Administrator.
10. Groundcover. The surface area of every parking area island and median shall be planted with a mix of rocks, plant
material, or other materials approved by the Zoning Administrator.
F. Transition Zone Landscape Requirements. Transition zone landscape shall be required along interior side and rear
property lines of all nonresidential, mixed use, and multi-unit development. It is not expected that the transition area will
totally screen such uses but rather will minimize land use conflicts and enhance aesthetics. Landscape required by this
section shall be in addition to landscape required under other sections of this title.
1. Applicability. Transition zone landscaping is required as follows:
a. The construction or installation of any new primary building or primary use; and
b. The expansion of any existing primary building or primary use that results in an increase in gross floor area by
more than five (5) percent or one thousand (1,000) square feet, whichever is greater. In the case of expansions
that trigger compliance with transition zone requirements, transition zone landscaping is required only in
proportion to the degree of expansion. The Zoning Administrator is authorized to allow the transition zone to be
established adjacent to the area of expansion or to disperse transition zone landscaping along the entire site
transition zone.
2. Application of Transition Zone Types. Transition zones shall be provided based on Table 10-5-3(F)(3), except
where adjacent uses are of a similar nature, scale, and intensity as determined by the Zoning Administrator. As per
Table 10-5-3(F)(3), the type of required transition zone is dependent upon the land use type of the subject lot and the
land use type of the adjacent lot(s).
AgriculturalSingle-Unit Residential All Other ResidentialPublic/InstitutionalRetailService/Medical/OfficeLodgingEating/DrinkingEntertainmentVehicle RelatedIndustrial/TransportationAgricultural n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
Single-Unit Residential n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
All Other Residential n/a C A B B B B B B C D
Public/Institutional n/a C B A B B B B B C D
Retail n/aCBBAAAAABC
Service/Medical/Office n/aCBBAAAAABC
Lodging n/aCBBAAAAABC
Eating/Drinking n/aCBBAAAAABC
Entertainment n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a
Vehicle Related n/aCBBAAAAABC
Industrial/Transportation n/aDDDDDDDDDD
Table 10-5-3(F)(3) Application of Transition Zone Types
Subject Lot Land Use
Adjacent Lot Land Use
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3. Transition Zone Types. Four (4) transition zone types are established in recognition of the different contexts that may
exist, as shown in Table 10-5-3(F)(2). Transition zones may include a combination of elements including setback
distances for separation, planting types, solid fencing, green walls, vegetated stormwater management areas, living
groundcover, or turf.
Figure 5.17. Transition Zone Type A Standards
Type A (3) Type B (3) Type C (3) Type D (3)
(a) Minimum Zone Width (1) 8 feet 10 feet 15 feet 20 feet
(b) Minimum Fence/Wall Height (2) optional optional 6 feet 6 feet
(c) Understory Tree optional 3 4 5
(d) Canopy/Evergreen Tree 4 3 4 5
(e) Shurbs/Native Grasses optional 15 25 35
(3) Landscaping elements can be arranged to match to natural topography or natural features of
the site and may be arranged in groupings to enhance site aesthetics as approved by the Zoning
Administrator.
(2) Fence or wall requirements may be satisfied by a solid evergreen hedge with a maximum
height of six (6) feet, as approved by the Zoning Administrator.
Table 10-5-3(F)(2) Transition Zone Types
Specification
Minimum Number of Landscape Elements per 100 Linear Feet
Notes:
(1) Required yard setbacks may be utilized for transition zone landscape.
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Figure 5.18. Transition Zone Type B Standards
Figure 5.19. Transition Zone Type C Standards
Figure 5.20. Transition Zone Type D Standards
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G. Species Diversity Requirements. The following species diversity requirements shall be required for all developments,
unless otherwise approved by the Zoning Administrator in conjunction with approval of vegetated stormwater management
areas
1. Total landscape elements, excluding turf, shall not be comprised of more than thirty (30) percent of any single species
or fifty (50) percent of any genus on a parcel that is between one-half (0.5) and five (5) acres.
2. Total landscape elements, excluding turf, shall not be comprised of more than twenty (20) percent of any single
species or twenty-five (25) percent of any genus on a parcel that is greater than five (5) acres.
H. Tree Preservation and Removal. No live tree(s) with a four (4) inch diameter at breast height may be removed without first
applying for tree removal and receiving approval from the City as specified in Section ###.
1. Tree preservation and removal guidelines. Every reasonable effort shall be made to retain existing trees shown in
the tree survey prepared by a registered landscape architect through the integration of those trees into the site and
landscape plan for a proposed development.
a. Critical areas such as floodplains, steep slopes, and wetlands, should be left in their natural condition or only
partially cleared.
b. Roadways, storage areas, and parking lots should be located away from valuable tree stands.
c. Cutting and filling in the vicinity of valuable trees should be minimal.
d. If more than one-third of the tree’s root zone is to be affected by construction, the tree should be part of the
removal plan and replaced with the appropriate number of trees.
2. Tree Replacement Standards.
a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule:
b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows:
c. All replacement trees shall have a minimum caliper of two and one-half (2 ½) inches and shall consist of canopy
and understory trees as deemed appropriate by Zoning Administrator.
d. If the tree(s) approved for removal is (are) dead from natural causes prior to the date of the tree removal permit,
then no replacement tree(s) are required for them.
Caliper (Inches) of tree to be removed Number of Replacement Trees
30 or greater 6
13-29 5
8-12 4
4-7 2
Table 10-5-3(H)(2)(a) Tree Replacement Standards
Caliper (Inches) of tree to be removed Number of Replacement Trees
30 or greater 12
13-29 10
8-12 8
4-7 4
Table 10-5-3(H)(2)(a) Tree Replacement Standards
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3. Preservation of Existing Trees. Preservation of existing high-quality trees within a new development or
redevelopment site is highly encouraged. Preserved trees may fulfill a portion of the landscape requirements
established in this section. Should the applicant propose to maintain existing high-quality trees to count toward
satisfying certain landscape requirements of this title, the Zoning Administrator may, upon receipt of a tree preservation
plan, waive certain landscape requirements if mature, high-quality trees on a lot are proposed to be preserved. If, upon
inspection at the conclusion of the project, trees identified for preservation have been removed, damaged, or are
otherwise in declining condition, all waived required landscape shall be installed.
4. Fee in lieu. A fee may be provided in lieu of the replacement of trees or preservation of existing trees as established
by the City of Yorkville’s fee schedule.
5. Tree Preservation Plan. Development on all parcels five (5) acres or greater in area shall require the submittal and
approval of a tree removal plan as specified in Section ##-###.
I. Installation and Maintenance of Landscape Areas .
1. Immediately upon planting, all landscape shall conform to the American Standard for Nurserymen, published by the
American Association of Nurserymen, Inc., as revised from time to time.
2. The ground surface of landscape areas shall be covered with either turf and/or other types of pervious groundcover or
mulch.
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Screening
A.Trash and Recycling Receptacles. The following regulations shall apply to all nonresidential, mixed use, and multi-unit
development.
1. trash and recycling receptacles shall be screened on three (3) sides with a solid, opaque material with a minimum
height of six (6) feet and a maximum height of eight (8) feet.
2. Materials used for screening shall complement the exterior building cladding materials of the primary building.
3. Materials and elevations for enclosures that are attached to buildings shall be designed to be integrated into the
primary building.
4. If enclosures are to be attached to buildings, they shall comply with applicable fire and building codes.
5. Shrubs shall be installed every five (5) feet along the exterior of the enclosure, with the exception of enclosure
openings, to provide a softening effect.
6. Enclosure openings shall be gated with an opaque material.
7. Enclosure openings shall be kept closed at all times except for when the receptacle is being accessed.
8. Property owners shall be responsible for ensuring that used grease traps, trash, and recycling receptacles be placed in
the enclosure at all times other than when it is being accessed.
9. Access drives shall be constructed of materials and to a thickness which accommodates truck loading. Year-round
access to the enclosure area for service trucks shall be maintained by the property owner or tenant.
10. Enclosures shall be of an adequate size to accommodate expected containers.
11. Enclosure structures shall be designed to protect the walls from damage by containers. Such protection may be
provided by the use of barrier curbing, reinforced masonry walls, or other similar means.
12. Trash and recycling receptacle enclosures shall not occupy areas used for required parking spaces.
Figure 5.21. Trash and Recycling Receptacle Screening Standards
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B. Ground/Wall Mounted Mechanical Units. The following regulations shall apply to all ground/wall-mounted mechanical
units, including but not limited to generators, air-conditioning condensers, heat pumps, ventilation units, computer cooling
equipment, etc., and any related utility structures and equipment. Tanks and / or silos accessory to a brewery, winery,
and/or distillery are exempt from these requirements.
1. Locating mechanical units within the primary building is strongly encouraged in order to minimize exterior visual
impacts. Ground mounted mechanical units are prohibited within the front yard, regardless of whether screening is
provided.
2. Ground/wall mounted mechanical units that are visible from any public right-of-way or adjacent residential property
shall be screened from public view.
3. Materials used for screening shall be designed and established so that the area or element being screened is no more
than twenty (20) percent visible through the screen. Evergreen hedges or non-transparent walls such as stone
masonry shall be allowed.
4. Chain-link fence or slats in chain-link fence shall not be used to meet this requirement.
Figure 5.22. Ground/Wall Mounted Mechanical Unit Screening Standards
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C. Roof Mounted Mechanical Units. The following regulations shall apply to all roof mounted mechanical units, including but
not limited to air-conditioning condensers, heat pumps, ventilation units, computer cooling equipment, etc., and any related
utility structures and equipment which service multi-unit, non-residential, or mixed use developments.
1. Locating mechanical units within the primary building is strongly encouraged in order to minimize exterior visual
impacts.
2. Roof mounted mechanical units that are visible from any public right-of-way or adjacent residential property shall be
completely screened from public view.
3. Materials used for screening shall be architecturally integrated with the building and shall be continuous and
permanent.
4. Screening shall be required when new equipment is installed and shall be provided around both new and existing roof
mounted mechanical units in order to provide visual continuity. Normal maintenance of roof mounted mechanical units
shall not mandate the screening requirements.
5. Additional screening may be required due to topographic differences in the adjoining properties.
Figure 5.23. Roof-Mounted Mechanical Units
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Fences
A.Regulations for All Zoning Districts.
1. Fences thirty-six (36) inches or more in height require a building permit.
2. All fences must be erected so that the finished side of the fence faces outward or away from the lot on which the fence
is erected.
3. No more than two (2) different types of fencing material are permitted per lot.
4.Materials.The materials listed in this subsection are acceptable for a fence in any district unless specific districts are
specified in in this subsection. These materials are an example of acceptable fencing. All materials not allowed in this
subsection are prohibited unless approved by the Zoning Administrator. The Zoning Administrator has the right to
approve materials not listed but similar to those listed below as long as they are consistent with the surrounding land
use.
a. Stone,
b. Brick,
c. Natural rot resistant wood (cedar, cyprus, redwood),
d. Cast or wrought iron,
e. Plastic,
f. Aluminum,
g. Composite wood and plastic,
h. Vinyl coated chainlink (rear and side yard only on properties in nonresidential districts).
i. Galvanized chainlink (only on M-1 or M-2 properties adjacent to other M-1 or M-2 property)
B.Placement.
1. Fences may be built up to the property line but shall not extend beyond the front plane of the primary building facade in
residential and business districts, and must be located entirely on the property of the owner constructing it.
2. Fences may be constructed within an easement, though future work within the easement may result in the removal of
the fence. Fences are not allowed in some types of restricted easements, such as those dedicated for landscape,
sidewalks, trails, access or where otherwise limited by an easement document.
3. The property owner is responsible for locating property lines, prior to the installation of the fence.
4. Fences, walls, or hedges shall not encroach on any public right-of-way.
5. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of
stormwater.
6. All solid fences, walls, hedges, or shrubberies which exceed three (3) feet above the street grade shall comply with the
vision clearance standards of section 10-5-6 of this title.
C.Prohibited Fences.
1. Fences or enclosures charged with or designed to be charged with electrical current are prohibited, except for
underground dog fences.
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2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited.
3. No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree
trunks, trash, tires, junk, or other similar items as determined by the Zoning Administrator.
D. Height. Except as otherwise permitted in this title, annexation agreements, planned unit developments or any other
development related agreements or ordinances, fences shall not exceed the maximum height as listed in Table 10-5-5(E) of
this section.
Front Yard Corner Side
Yard
Interior Side
Yard Rear Yard
Residential Districts 3 feet 1 6 feet 6 feet
2 6 feet 2
Business Districts 3 feet 1 6 feet 6 feet
2 6 feet 2
Manufacturing District 8 feet 8 feet 8 feet 8 feet
Public Uses and Utilities 8 feet 8 feet 8 feet 8 feet
2. Fence may be a maximum of eight (8) feet in height if in a residential district and adjacent
to a nonresidential use or in a business district and adjacent to a residential use.
District/Use
Table 10-5-5(E) Fence Height Standards
Maximum Height per Yard
Notes:
1. Fence may be a maximum of four (4) feet in height if opacity does not exceed fifty (50)
percent.
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Vision Clearance
Clear sight distance shall be required at the intersection of a driveway and any right-of-way or at the intersection of two (2) or
more streets. No building or structure shall be permitted that creates a visual obstruction taller than three (3) feet in the area
measured extending twenty (20) feet from the curb at the intersection of the driveway and street, or from the curb at the
intersection of two (2) or more streets.
Figure 5.24. Vision Clearance Standards
Outdoor Lighting
A.Applicability.This section shall apply to the replacement of existing lighting units and fixtures and any lighting units or
fixtures proposed to be added to a site with multi-unit and nonresidential uses only.
B.Exceptions. Temporary holiday lighting installed between November 25th and January 10th annually shall be exempt from
the standards of this sections.
C.Fixture Classification. All outdoor lighting fixtures, with the exception of wall mounted accent lighting and outdoor lighting
in the A-1 District, shall either have a fixture cutoff classification of “Full Cutoff” or be fully shielded, unless otherwise
expressly permitted in this UDO.
D.LED Fixtures. Non light-emitting diode fixtures shall be allowed for building mounted or ornamental lights or holiday lighting.
Lighting fixtures for parking lots shall utilize a light-emitting diode (LED) fixtures.
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E. Pole Mounted Outdoor Lighting .
1. Pole Placement. Pole-mounted outdoor lighting shall be located outside of utility easements, designed in coordination
with required landscape zones (Section 10-5-3).
2. Maximum Pole Height.
F. Wall Mounted Accent Lighting. Wall mounted accent lighting shall be integrated with the architectural character of the
building and shall use low-luminosity lamps, with two thousand (2,000) source lumens or less. The illumination on any
vertical surface shall not exceed one-half (0.5) maintained foot candle and shall not spill over roof lines or building edges.
G. Lighting Intensity. The average foot-candle of any lighting fixture intensity should be two to two and one-half (2.0—2.5)
foot-candles. The average to minimum light intensity ratio should be no more than six to one (6:1), and the maximum to
minimum light intensity ratio should be no more than twenty to one (20:1).
H. Off-Street Parking Area Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from
residential properties and public highways in such a way as not to create a nuisance. The City of Yorkville promotes the
"dark sky" concept.
I. Maximum Light Level at Property Line. All outdoor lighting fixtures, including lights from signage, shall be designed and
located so that the maximum light level shall be zero (0) maintained foot candles at any property line.
J. Fixtures. All outdoor lighting must employ full cut-off or fully shielded fixtures and the use of wall packs on buildings should
be minimized.
K. Light Level Measurement.
1. Location. Light level measurements shall be made at the property line of the property upon which the light to be
measured is being generated. If measurement on private property is not possible or practical, light level measurements
may be made at the boundary of the public street right-of-way that adjoins the property of the complainant or at any
other location on the property of the complainant. Measurements shall be made at finished grade (ground level), with
the sensor in the horizontal position and not mounted more than six (6) inches above ground level, and with the light-
registering portion of the meter held parallel to the ground and pointing upward.
2. Light Meter Specifications. Light levels shall be measured in foot candles with a direct-reading portable light meter as
measured by the City. The meter shall:
a. Have cosine and color correction,
b. Have an accuracy tolerance of no greater than plus or minus five (5) percent, and
c. Have been calibrated within the last two (2) years.
L. Automatic Lighting Controls. All outdoor lighting on non-residential lots must be controlled by a photo sensor, occupancy
sensor, or timer to automatically reduce outdoor lighting when sufficient daylight is available, and to automatically extinguis h
lights no more than one hour following the close of business, excluding security lighting.
M. Photometric Plan. A photometric plan as specified in the City of Yorkville Standard Specifications shall be required.
Districts Maximum Height
Residential Districts 20 feet
Institutional and Open Space Districts 20 feet
B-2 Mixed Use District 25 feet
Other Business and Manufacturing Districts 35 feet
Table 10-5-7 Outdoor Lighting Height Standards
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Chapter 6. Signs
Purpose and Scope..............................................................................................................................................................1
Limit on Sign Area................................................................................................................................................................3
Sign Measurement ...............................................................................................................................................................4
Permitted Sign Types...........................................................................................................................................................6
General Sign Standards.......................................................................................................................................................7
Permanent Sign Standards ..................................................................................................................................................8
Temporary Sign Standards.................................................................................................................................................20
Comprehensive Sign Plan..................................................................................................................................................27
Prohibited Signs and Content.............................................................................................................................................28
Safety, Maintenance, and Abandonment .........................................................................................................................29
Purpose and Scope
A.Purpose. The purpose of this Chapter is to set out regulations for the erection and maintenance to ensure the appropriate
appearance of signs while preserving the right of free speech and expression in keeping with the following principles.
1. The ability to display signs of reasonable size and dimensions is vital to the health and sustainability of many
businesses, and the display of signs with noncommercial messages is a traditional component of the freedom of
speech, but the constitutional guarantee of free speech may be limited by appropriate and constrained regulation that
is unrelated to the expression itself,
2. The City has an important and substantial interest in preventing sign clutter, which is the proliferation of signs of
increasing size and dimensions as a result of competition among property owners for the attention of passing
motorists, because sign clutter degrades the character of the community, makes the community a less attractive place
for commerce and private investment, and dilutes or obscures messages displayed along the City’s streets by creating
visual confusion and aesthetic blight,
3. Sign clutter can be prevented by regulations that balance the legitimate needs of individual property owners to convey
messages against the comparable needs of adjacent and nearby property owners and the interest of the community as
a whole in providing for a high-quality community character,
4. Temporary signs that are not constructed of weather-resistant materials are often damaged or destroyed by wind, rain,
and sun, and after such damage or destruction, degrade the aesthetics of the City’s streets if they are not removed,
5. The City has an important and substantial interest in keeping its rights-of-way clear of obstructions and litter,
6. The City has an important and substantial interest in protecting the health of its tree canopy, which contributes to the
character and value of the community, and
7. The uncontrolled use of off-premises advertising signs can be injurious to the public, and destructive to community
character and property values, and that, as such, restrictions on the display of off-premises commercial signage are
necessary and desirable.
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B. Scope. The regulations of this Chapter shall provide a balanced and fair legal framework for design, construction, and
placement of signs that:
1. Promotes the safety of persons and property by ensuring that signs do not create a hazard by:
a. Collapsing, catching fire, or otherwise decaying,
b. Confusing or distracting motorists, or
c. Impairing drivers' ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
2. Promotes the efficient communication of messages, and ensures that persons exposed to signs:
a. Are not overwhelmed by the number of messages presented, and
b. Are able to exercise freedom of choice to observe or ignore said messages according to the observer’s purpose,
and
3. Protects the public welfare and enhances the appearance and economic value of the community by protecting scenic
views and avoiding sign clutter that can compromise the character, quality, and viability of commercial corridors,
4. Ensures that signs are compatible with their surroundings, and prevents the construction of signs that are a nuisance
to occupants of adjacent and contiguous property due to brightness, reflectivity, bulk, or height,
5. Promotes the use of signs that are aesthetically pleasing, of appropriate scale, and integrated with the built
environment, to meet the objectives related to the quality and character of development set forth in the Comprehensive
Plan of the City of Yorkville,
6. Enhances property values and business opportunities,
7. Assists in wayfinding, and
8. Provides fair and consistent permitting and enforcement.
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Limit on Sign Area
A.Permanent Sign Area Limit. Each lot with multiunit residential, mixed-use, or non-residential uses shall be allowed
aggregate permanent sign area equal to one (1) square foot of sign area per linear foot of lot frontage.
B.Temporary Sign Area Limit. Each lot shall be allowed aggregate temporary sign area equal to one (1) square foot of sign
area per linear foot of frontage.
C.Premises Having Frontage on More Than One Dedicated Street . Premises having frontage on more than one (1)
dedicated street shall be allowed an additional one-half (0.5) square foot of aggregate sign area for each lineal foot of the
secondary lot frontage; however additional sign area shall only be displayed on the secondary frontage.
Figure 6.1. Limit on Sign Area
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Sign Measurement
A.Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street
to the top of the highest attached component of the sign.
Figure 6.2. Sign Height Measurement
B.Sign Copy Area. Sign copy area shall be computed by means of the smallest square, rectangle, circle, triangle or
combination thereof that shall encompass the extreme limits of the writing representation, emblem or other display, together
with any material or color forming an integral part of the backing of the display or used to differentiate the sign from the sign
base or structure against which it is placed. Sign copy area shall not include any supporting framework, bracing, decorative
fence, or wall when such fence or wall otherwise meets UDO regulations and is clearly incidental to the display itself. A
double faced sign shall count as a single sign.
C.Sign Area. Sign area shall apply to single-tenant monument signs, multi-tenant monument signs, wall signs, on-site traffic
directional signs, a-frame/sandwich board signs, and/or yard signs only. Sign area shall be computed by means of the
smallest square, rectangle, circle, triangle, or combination thereof that shall encompass the extreme limits of the sign copy
area and the sign base area. Sign area shall not include any supporting framework, bracing, decorative fence, or wall when
such fence or wall otherwise meets UDO regulations and is clearly incidental to the display itself. A double-faced sign shall
count as a single sign.
Figure 6.3. Sign Area Measurements
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D. Sign Area for Wall Signs on Buildings With Multiple Exterior Walls. Wall signs area calculations are based on each wall
of an exterior building facing a lot line and a public right-of-way. An exterior building wall which faces a lot line may contain
more than a single wall for sign area calculation purposes. If portions of the exterior building wall face the same lot line and
are separated by four (4) feet or more in depth from that lot line, then they are considered two (2) separate walls for sign
area calculation purposes. If separated by less than four (4) feet they shall be considered a single exterior building wall for
sign area calculation purposes. If two (2) exterior walls create an angle greater than one hundred thirty-five (135) degrees
on the horizontal plane then it shall be considered a single exterior wall. Any two (2) exterior walls which create an angle of
less than one hundred thirty-five (135) degrees on the horizontal plane shall be considered two (2) separate walls.
Additionally, for any multi-tenant building, if the area where a building-mounted sign is being placed is located between two
(2) pillars, posts, or other architectural features, the area between the features will be considered the exterior wall for sign
area calculations.
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Permitted Sign Types
A. The following key is to be used in the interpretation of Table 10-6-4(A) Permitted Sign Types by district.
1.Permitted Sign Types. Sign types marked as “P” in the table shall be permitted subject to all applicable regulations of
this UDO and only after the issuance of a Sign Permit as detailed in Section 10-#-#.
2.Allowed Sign Types. Sign types marked as “A” in the table shall be allowed subject to all applicable regulations of this
UDO without the issuance of a Sign Permit.
3.Prohibited Sign Types. A blank space in the table indicates that a sign type is not allowed in the respective district.
4.Interpretation of Similar Sign Type. If a proposed sign is not listed in the table, the Zoning Administrator shall
determine if the sign is substantially similar to a sign listed in the table. If it is, the standards applied to the proposed
sign shall be the standards applicable to the similar sign. If not, the sign shall be regarded as prohibited.
5.Unlisted Sign Types. Sign types that are not included in Table 10-6-4(A) shall be considered prohibited.
R Districts B-1 B-2 B-3 M-1 M-2 A-1 OS PI
Wall Sign P (1) P P P P P P (1) P P
Single-Tenant Monument Sign P (1)(2) P P P P P P (1) P P
Multi-Tenant Monument Sign P P P P P P
Awning/Canopy Sign P (1) P P P P P P (1) P P
Projecting Sign P P P P P
Window Sign A A A A A A A
On-Site Traffic Directional Sign P (1) P P P P P P P
Wall Mounted Banner Sign P (1) P P P P P P (1) P P
Ground Mounted Banner Sign P (1) P P P P P P (1) P P
Feather Sign P P P P P P
A-Frame/Sandwich Board Sign A (1) A A A
Post Sign A AAAAAAAP
Yard Sign A AAAAAAAP
Cold Air Inflatables A A A A A A A A
(2) Sign shall be permitted at entryways or gateways to subdivisions or neighborhoods only.
Sign Type
Table 10-6-4(A) Permitted Sign Types by District
District
Permanent Signs
Temporary Signs
Notes:
(1) Sign shall be permitted for nonresidential, mixed use, or multifamily developments only.
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General Sign Standards
A.Illumination.
1.Location and Design of Light Source. Whenever an external artificial light source is used for a sign, such source
shall be located, shielded, and directed so as not to be directly visible from any public street or private residence. No
receptacle or device housing a permitted light source for a sign shall protrude more than twelve (12) inches from the
face of the sign or building to which it is attached except if such light source is ground mounted, locked in place, and
cannot be redirected.
2.Level of Illumination. In no event shall the illumination of any sign, resulting from any internal or external artificial light
source, exceed the outdoor lighting standards established in Section 10-4-#. All artificial illumination shall be so
designed, located, shielded, and directed as to prevent the casting of glare or direct light upon adjacent property or
streets.
B.Electronic Message Boards. Single-tenant and multi-tenant monument signs may incorporate electronic message boards
in accordance with the following and per Section 10-#-#.
1. The area of the sign devoted to an electronic message board shall be part of, not in addition to, the maximum sign area
allowed.
2. The maximum sign area of any sign comprised entirely of an electronic message board shall be eighty (80) percent of
the maximum sign area of the single-tenant or multi-tenant sign, as applicable.
3. The electronic message format shall conform to the following requirements:
a. The message shall contain a static message or image only and not have movement, or the appearance of
movement, during the static display period.
b. The transition to change from one message or image to another shall be instant and not dissolve, fade, scroll,
travel, or have similar transitions.
c. The message shall not change more frequently than once every ten (10) seconds.
4. Electronic message boards must be equipped with a default mechanism that shall stop the messaging or freeze the
image in one position when a malfunction in electronic programming occurs.
5. Electronic message boards shall be equipped with a sensor or other device that automatically determines the ambient
illumination and is programmed to automatically dim according to light conditions.
6. Illumination of electronic message signs shall not exceed 0.3 foot-candles over the ambient lighting conditions when
measured at a distance equal to the square footage of the sign area.
7. Illumination of electronic message signs shall not be detectable across any property line.
8. Applications shall be reviewed by the Zoning Administrator to determine that the sign placement does not interfere with
traffic control devices within three hundred (300) feet of the sign or traffic circulation upon roadways.
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Permanent Sign Standards
A.Wall Signs. Wall signs shall be permitted in all zoning districts for nonresidential, mixed use, or multi-unit development only.
1.Sign Copy Area.
a. The maximum sign copy area shall be two (2) square feet per each one (1) linear foot of the exterior wall of the
building not to exceed seventy five (75) percent of the width of the exterior wall to which it is attached for a
business having a public entrance in an exterior wall or having an exterior wall facing a public right-of-way.
b. The maximum sign copy area shall be one (1) square feet per each one (1) linear foot of exterior wall of the
building not to exceed fifty (50) percent of the width of the exterior wall to which it is attached for a business
without a public entrance in an exterior wall or having an exterior wall facing a public right-of-way.
2.Sign Height. No wall sign shall be closer than one (1) foot from the highest roofline or the top of the parapet wall or
mansard root.
3.Projection and Clearance.
a.Projection Option 1. If the wall sign projects six (6) or fewer inches from the wall of the building or structure to
which it is attached, no projection shall be required.
b.Projection Option 2. If the wall sign projects more than six (6) inches from the wall of the building or structure to
which it is attached, it shall maintain a vertical clearance of at least ten (10) feet.
c.Maximum Projection. No wall sign shall project more than twelve (12) inches from the wall of the building or
structure to which it is attached.
Figure 6.4. Wall Sign Area, Height, and Projection
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4. Number of Signs.
a. Single tenant buildings shall be permitted a total of two (2) primary wall signs per one hundred (100) linear feet of
building frontage. One (1) additional wall sign shall be allowed per additional hundred (100) feet of building
frontage. Only one (1) primary wall sign shall be displayed on any single building façade.
b. Multi-tenant buildings shall be permitted one (1) wall sign per unit.
c. A maximum of two (2) secondary wall signs may be authorized for buildings with lineal frontage in excess of
seventy-five (75) feet by the Zoning Administrator provided such additional signage is:
i. In keeping with the overall design and architecture of the building,
ii. A minimum of twenty (20) feet from the primary wall sign and other secondary wall signs,
iii. A maximum of fifty (50) percent of the size of the primary wall sign,
iv. Accessory to the building’s primary wall sign, and
v. The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as
established in Section 10-6-#.
5. Sign Copy. If the sign copy utilized on a wall sign is either individually affixed letters, raceway letters, applied vinyl, or
printed, etched, or otherwise incorporated directly on the sign’s backing plate, the Zoning Administrator may approve
an increase in sign copy area up to an additional five (5) percent of the total area of the face of the wall to which the
sign is to be affixed.
6. Other Provisions. No wall sign shall be affixed to HVAC screening, elevator overrun, or other features protruding from
the roof of the structure.
Figure 6.5. Secondary Wall Signs
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B. Monument Signs.
1. General Monument Sign Standards
a. Sign Base Materials. The following classes of sign base materials shall be utilized in the determination of allowed
sign area and sign height as detailed in Sections 10-6-6(B)(#) and 10-6-6(C)(#).
i. Base Quality Materials.
a) Stone veneer systems,
b) Fiber cement,
c) Wood,
d) EIFs,
e) Precast panels, or
f) Other as determined by the Zoning Administrator.
ii. High Quality Materials.
a) Masonry,
b) Natural stone,
c) Steel/wrought iron, or
d) Other as determined by the Zoning Administrator.
b. Sign Copy Materials. The following classes of sign copy materials shall be utilized in the determination of
allowed sign area and sign height as detailed in Sections 10-6-6(B)(#) and 10-6-6(C)(#).
i. Base Quality Materials.
a) Box/cabinet sign,
b) Printed, etched, or otherwise incorporated directly on a backing plate made of base quality sign base
materials, or
c) Other as determined by the Zoning Administrator.
ii. High Quality Materials.
a) Individually affixed letters,
b) Raceway letters,
c) Applied vinyl,
d) Printed, etched, or otherwise incorporated directly on a backing plate made of high quality sign base
materials, or
e) Other as determined by the Zoning Administrator.
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Figure 6.6. Monument Sign Material Standards
c. Landscape.
i. Base/Mid Quality Monument Sign. All monument signs meeting the base or mid-quality standards per
Sections 10-6-6(B)(5)(#) shall meet the following landscape standards:
a) The landscape area shall extend a minimum of three (3) feet from the sign base on all sides.
b) A minimum of seventy-five (75) percent of the landscape area shall be improved with shrubs or native
grasses meeting the standards of Section 10-5-3(A).
c) The remainder of the landscape area shall be improved with herbaceous perennials or ground cover
meeting the standards of Section 10-5-3(A).
ii. High Quality Monument Sign. All monument signs meeting the high-quality quality standards per Sections
10-6-6(B)(5)(#) shall meet the following landscape standards:
a) The landscape area shall extend a minimum of two (2) feet from the sign base on all sides.
b) A minimum of fifty (50) percent of the landscape area shall be improved with shrubs or native grasses
meeting the standards of Section 10-5-3(A).
c) The remainder of the landscape area shall be improved with herbaceous perennials or ground cover
meeting the standards of Section 10-5-3(A).
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Figure 6.7. Monument Sign Landscape Standards
2. Single-Tenant Monument Signs. Single-tenant monument signs shall be permitted in all zoning districts for
nonresidential, mixed use, or multi-unit development or at entryways or gateways to subdivisions or neighborhoods
only.
a. Sign Dimensions.
i. Base Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing both base quality
sign base materials and base quality sign copy materials shall meet the following dimensional standards.
a) Sign Area. The maximum sign area shall not exceed twenty-four square feet.
b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed eight (8) feet.
ii. Mid Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing base quality sign
base materials and high quality sign copy materials or high quality sign base materials and base quality sign
copy materials shall meet the following dimensional standards.
a) Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
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b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed ten (10) feet.
iii. High Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing both high quality
sign base materials and high quality sign copy materials shall meet the following dimensional standards.
a) Sign Area. The maximum sign area shall not exceed forty-eight (48) square feet.
b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed twelve (12)
feet.
b. Number of Signs. A maximum of one (1) single-tenant monument sign shall be permitted per every eight-
hundred (800) continuous, linear feet of lot frontage.
c. Location. Single-tenant monument signs shall be located the minimum distance established below per district
type from property lines, rights-of-way, and utility easements, shall not block points of ingress or egress, be placed
in any sidewalk or pedestrian circulation system, and shall not be located in a vision clearance area as detailed in
Section 10-4-#.
i. Residential Districts: Ten (10) feet
ii. Nonresidential Districts: Five (5) feet
d. Landscape Requirement. All single-tenant monument signs shall be required to plant and maintain a landscape
area meeting the requirements of Section 10-6-7(C) at the base of the sign.
e. Other Provisions. A single-tenant monument sign shall not be permitted on a lot frontage with an existing
monument sign or pole/pylon sign.
Figure 6.8. Single-Tenant Monument Sign Standards
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3. Multi-Tenant Monument Signs. Wall signs shall be permitted in all zoning districts with the exception of residential
districts.
a. Sign Dimensions.
i. Base Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing both base quality sign
base materials and base quality sign copy materials shall meet the following dimensional standards.
a) B-1, B-2, and PI Districts.
(i) Sign Area. The maximum sign area shall not exceed twenty-four (24) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed eight (8)
feet.
b) B-3, M-1, and M-2 Districts.
(i) Sign Area. The maximum sign area shall not exceed forty-eight (48) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed ten (10)
feet.
ii. Mid Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing base quality sign base
materials and high quality sign copy materials or high quality sign base materials and base quality sign copy
materials shall meet the following dimensional standards.
a) B-1, B-2, and PI Districts.
(i) Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed ten (10)
feet.
b) B-3, M-1, and M-2 Districts.
(i) Sign Area. The maximum sign area shall not exceed fifty-six (56) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed twelve
(12) feet.
iii. High Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing both high quality sign
base materials and high quality sign copy materials shall meet the following dimensional standards.
a) B-1, B-2, and PI Districts.
(i) Sign Area. The maximum sign area shall not exceed forty (40) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed twelve
(12) feet.
b) B-3, M-1, and M-2 Districts.
(i) Sign Area. The maximum sign area shall not exceed sixty four (64) square feet.
(ii) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed fourteen
(14) feet.
b. Number of Signs. A maximum of one (1) multi-tenant monument sign shall be permitted per lot frontage.
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c. Location. Multi-tenant monument signs shall be located a minimum of five (5) feet from all property lines, rights-
of-way, and utility easements, shall not block points of ingress or egress, be placed in any sidewalk or pedestrian
circulation system and shall not be located in a vision clearance area as detailed in Section 10-4-#.
d. Landscape Requirement. All multi-tenant monument signs shall be required to plant and maintain a landscape
area meeting the requirements of Section 10-6-7(C) at the base of the sign.
e. Signs Within Landscaped Medians. Any multi-tenant monument sign within a landscaped median shall be
located outside vision clearance areas as specified in Section 10-5-6.
f. Other Provisions. A multi-tenant monument sign shall not be permitted on a lot frontage with an existing
monument sign or pole/pylon sign.
Figure 6.9. Multi-Tenant Monument Sign Standards
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C. Awning/Canopy Signs. Awning/canopy signs shall be permitted in all zoning districts for nonresidential, mixed use, or
multi-unit development only.
1. Sign Copy Area. The maximum sign copy area of awning/canopy signs shall be fifty (50) percent of the face of the
awning or canopy upon which the sign shall be printed or affixed. The area of the awning or canopy sign copy shall
count towards the maximum amount of sign area permitted for wall signs as detailed in Section 10-6-#.
2. Other Provisions.
a. Signs required for public health, safety, and welfare that are posted on awnings/canopies, like “clearance” signs,
shall not count towards allowed sign area.
b. Awning/canopy signs shall only be permitted on awnings/canopies extending above ground floor entrances or
windows.
Figure 6.10. Awning/Canopy Sign Standards
Commented [JE1]: Awning graphic should show signage on
the front of the awning.
Example:
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D. Projecting Signs. Projecting signs shall be permitted in the B-1, B-2, B-3, OS, and PI districts only.
1. Sign Copy Area. The maximum permitted sign copy area of projecting signs shall be ten (10) square feet.
2. Height. Projecting signs shall not extend above the roofline of the building to which it is attached, or a maximum of
twelve (12) feet, whichever is less.
3. Clearance. Projecting signs shall maintain a minimum vertical clearance of eight (8) feet.
4. Number of Signs. A maximum of one (1) projecting sign shall be permitted per ground floor nonresidential tenant
space. A projecting sign and a wall sign may be displayed on the same building frontage. A projecting sign and an
awning or canopy sign shall not be displayed on the same building frontage.
5. Projection.
a. Signs which project over a public right-of-way may horizontally project a maximum of four (4) feet from the mean
elevation of the building to which it is attached.
b. Signs which project over private property may horizontally project a maximum of eight (8) feet from the mean
elevation of the building to which it is attached.
6. Other Provisions. Projecting signs may encroach upon, extend, or project over a public right-of-way or easement. The
property owner may be required to provide a release or hold harmless to the City prior to issuing permits for any such
signs.
Figure 6.11. Projecting Sign Standards
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E. Window Signs, Permanent. Permanent window signs shall be allowed in the B-1, B-2, B-3, M, OS, and PI districts only.
1. Sign Copy Area. The maximum permitted sign copy area of a permanent window sign shall be twenty-five (25)
percent of the square footage of the individual window on which the sign shall be located.
Figure 6.12. Permanent Window Sign Standards
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F. On-Site Traffic Directional Signs. On-site traffic directional signs shall be permitted in all zoning districts, with the
exception of the A-1 district, for nonresidential, mixed use, or multi-unit development only.
1. Sign Area. The maximum sign area of on-site traffic directional signs shall not exceed six (6) square feet. Permitted
on-site traffic directional sign area shall not count towards aggregate sign area.
2. Sign Height. The maximum height of on-site traffic directional signs shall not exceed four (4) feet.
3. Number of Signs. The permitted number of on-site traffic directional signs shall be determined by the Zoning
Administrator as necessary to assist in the safe movement of vehicular and pedestrian traffic on a property.
Figure 6.13. On-Site Traffic Directional Sign Standards
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Temporary Sign Standards
A.General Standards for Permitted Temporary Signs .
1.Concurrent Display. A maximum of two (2) permitted temporary signs, as permitted per district, may be displayed per
lot concurrently, with the exception of feather signs as detailed in Section 10-6-6(D)(3).
B.Wall Mounted Banner Signs. Wall mounted banner signs shall be permitted in all zoning districts for nonresidential, mixed
use, or multi-unit development only.
1.Sign Copy Area.
a. The maximum sign copy area of wall mounted banner signs in residential districts or the B-1, B-2, A-1, OS, and PI
Districts shall not exceed seven and one-half (7.5) percent of the total area of the face of the wall to which the sign
is to be affixed.
b. The maximum sign area of wall mounted banner signs in the B-3, M-1, and M-2 Districts shall not exceed ten (10)
percent of the total area of the face of the wall to which the sign is to be affixed.
2.Sign Height. No wall mounted banner sign shall protrude above the highest roofline or above the top of the parapet
wall or mansard roof.
3.Number of Signs. A maximum of one (1) wall mounted banner sign shall be permitted per lot frontage of a single-
tenant building or unit of a multi-tenant building.
4.Location. Wall mounted banner signs shall be affixed to a building.
5.Projection. Wall mounted banner signs shall be affixed flat against the building to which they are mounted.
6.Duration. Wall-mounted banner signs shall be limited to ninety (90) days in any calendar year.
Figure 6.14. Wall-Mounted Banner Sign Standards
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C. Ground Mounted Banner Signs. Ground mounted banner signs shall be permitted in all zoning districts for nonresidential,
mixed use, or multi-unit development only.
1. Sign Copy Area. The maximum sign copy area of a ground mounted banner sign shall not exceed thirty-two (32)
square feet.
2. Sign Height. The maximum height of a ground mounted banner sign shall not exceed six (6) feet.
3. Number of Signs. A maximum of one (1) ground mounted banner sign shall be permitted per lot frontage.
4. Location. Ground mounted banner signs shall be located a minimum of five (5) feet from all property lines and shall
not block points of ingress or egress, be placed in any sidewalk or pedestrian circulation system and shall not be
located in a vision clearance area as detailed in Section 10-4-#.
5. Duration. Ground mounted banner signs shall be limited to ninety (90) days in any calendar year.
6. Other Provisions.
a. Ground mounted banner signs shall be securely anchored into the ground or secured in a portable base designed
for such function.
b. Ground mounted banner signs shall be maintained in good condition and shall not sag, lie on the ground, be torn,
or otherwise kept in a disorderly state.
Figure 6.15.Ground-Mounted Banner Sign Standards
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D. Feather Sign. Feather signs shall be permitted in the B-1, B-2, B-3, M, and O-S districts only.
1. Sign Copy Area. The maximum sign area of feather signs shall not exceed twenty six (26) square feet.
2. Sign Height. The maximum height of a feather sign shall not exceed twelve (12) feet.
3. Number of Signs. A maximum of three (3) feather signs sixteen (16) square feet or less shall be permitted per lot
frontage. Only one (1) feather sign shall be permitted per frontage when the sign is over sixteen (16) square feet in
area.
4. Location. Feather signs shall be located a minimum of five (5) feet from all property lines and shall not block points of
ingress or egress, be placed in any sidewalk or pedestrian circulation system, and shall not be located in a vision
clearance area as detailed in Section 10-4-#.
5. Duration.
a. The permitted display period of a feather sign shall be a maximum of thirty (30) consecutive days.
b. A total of three (3) nonconcurrent display periods shall be permitted per property per calendar year.
c. Nonconcurrent display periods shall be separated by a minimum of thirty (30) days.
6. Other Provisions.
a. Feather signs shall be securely anchored into the ground or secured in a portable base designed for such
function.
b. Feather signs shall be maintained in good condition and shall not sag, lie on the ground, be torn, or otherwise kept
in a disorderly state.
Figure 6.16. Feather Sign Standards
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E. A-Frame/Sandwich Board Signs. A-frame/sandwich board signs shall be allowed in residential districts and the B-1, B-2,
and B-3 districts only.
1. Sign Area. The maximum allowed sign area of a-frame/sandwich board signs shall be eight (8) square feet.
2. Height. The maximum allowed height of a a-frame/sandwich board sign shall be four (4) feet.
3. Number of Signs. A maximum of two (2) a-frame/sandwich board sign shall be permitted per ground floor
nonresidential tenant space.
4. Location.
a. A-frame/sandwich board signs shall be placed in a manner that preserves a continuous sidewalk width of a
minimum of three (3) feet.
b. No part of any a-frame/sandwich board sign shall block points of ingress or egress.
5. Other Provisions.
a. A-frame/sandwich board signs shall be on-premises signs only unless on a B-2 zoned parcel.
b. The property owner shall be required to provide a release or hold harmless to the City prior to the display of any
signs located within a public right-of-way.
6. Duration of Display. The display of a-frame/sandwich board signs shall only be permitted during the operating hours
of the use to which the sign is associated.
Figure 6.17. A-Frame/Sandwich Board Sign Standards
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F. Post Signs. Post signs shall be allowed in all zoning districts with the exception of the PI district where post signs are
permitted.
1. Sign Copy Area.
a. The maximum sign copy area of a post sign in a residential zoning district shall not exceed six (6) square feet.
b. The maximum sign copy area of a post sign in a nonresidential zoning district shall not exceed sixteen (16) square
feet.
2. Sign Height. The maximum height of a post sign shall not exceed six (6) feet.
3. Number of Signs. A maximum of one (1) post sign shall be allowed per lot frontage.
4. Location. Post signs shall be located a minimum of five (5) feet from all property lines and shall not block points of
ingress or egress, be placed in any sidewalk or pedestrian circulation system and shall not be located in a vision
clearance area as detailed in Section 10-4-#.
5. Other Provisions.
a. Post signs shall be securely anchored into the ground or secured in a portable base designed for such function.
b. Post signs shall be maintained in good condition and shall not sag, lie on the ground, be torn, or otherwise kept in
a disorderly state.
Figure 6.18. Post Sign Standards
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G. Yard Signs. Yard signs shall be allowed in all zoning districts with the exception of the PI district where post signs are
permitted.
1. Sign Area. The maximum sign area of a yard sign shall not exceed four (4) square feet.
2. Sign Height. The maximum height of a yard sign shall not exceed four (4) feet.
3. Number of Signs. A maximum of two (2) yard signs may be displayed concurrently. However, during the period sixty
(60) days before and fifteen (15) days after a federal, state, or local election an unlimited number of yard signs may be
displayed concurrently subject to all applicable regulations of this section.
4. Location. Yard signs shall be located a minimum of five (5) feet from all property lines, rights-of-way, and utility
easements, shall not block points of ingress or egress, shall not be placed in any sidewalk or pedestrian circulation
system and shall not be located in a vision clearance area as detailed in Section 10-4-#.
5. Other Provisions.
a. Yard signs shall be securely anchored into the ground or secured in a portable base designed for such function.
b. Yard signs shall be maintained in good condition and shall not sag, lie on the ground, be torn, or otherwise kept in
a disorderly state.
Figure 6.19. Yard Sign Standards
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H. Cold Air Inflatables. Cold air inflatable signs shall be allowed in all districts with the exception of residential districts.
1. Duration. Cold air inflatable signs shall be allowed once per calendar year for a maximum of seventy-two (72) hours.
2. Sign Height. The maximum height of a cold air inflatable sign shall be twenty-five (25) feet as measured from grade.
3. Location. Inflatable signs shall not be installed below or within ten (10) feet horizontally of any electrical conductors,
phone conductors, CATV conductors, fire alarm conductors or any other similar installations.
4. Supports Required. The inflatable structure shall be ground-mounted or attached to supports and guy wires ground-
mounted or securely attached to the building roof. No inflatable structure shall be permitted to be secured to any
mechanical equipment, parapet walls or other items normally found on the roof of a structure.
5. Encroachment. Inflatable signs shall be anchored to prevent dislocation, entanglement or encroachment onto
adjacent properties or public streets, or undue hazard to motorists or pedestrians.
Figure 6.20. Cold Air Inflatable Sign Standards
Commented [JE2]: Excellent image of Wacky Waving
Inflatable Tube Man.
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Comprehensive Sign Plan
A.Intent. The intent of the comprehensive sign program is to provide an alternative procedure under which signs can be
designed, constructed, and erected with innovation, imagination, and creative architecture. The objective of the
comprehensive sign plan is to encourage a higher level of design and amenity than is possible to achieve under otherwise
applicable sign regulations.
B.Applicability. Any building or development may elect to submit a comprehensive sign plan. After the approval of a
comprehensive sign plan, no permanent sign shall be erected, placed, or maintained except in conformance with the
Comprehensive Sign Plan.
C.Conditions. The Zoning Administrator may attach conditions, requirements, or standards necessary to assure that the
signs covered by the Comprehensive Sign Plan will not be materially detrimental to persons or property in the vicinity. In
making its determination, the Zoning Administrator shall not base any condition on the content of a sign.
D.Evaluation Criteria.
1.Placement. All signs shall be placed where they are visible and legible. Factors to be considered include the location
of a sign relative to traffic movement and access points, site features, other structures, and orientation relative to
viewing distances and viewing angles. Wall Signs may be approved on building walls other than the wall of a unit of a
multi-tenant building in which some units have little or no visibility from the street.
2.Quantity. The number of signs that may be approved within any development shall be sufficient to provide necessary
facilitation of internal circulation of vehicular and pedestrian traffic and wayfinding for safety of the occupants of
vehicles and pedestrians. Factors to be considered shall be those that impact safety considerations such as the size of
the development and the number of development sub-areas.
3.Size. All signs shall be no larger than necessary for visibility and legibility but in no instance shall the sign area or sign
height exceed the maximum established per sign type per district. Factors to be considered in determining appropriate
size include topography, volume, and speed of traffic, viewing distances and angles, proximity to adjacent uses, and
placement of display.
E.Application. A comprehensive sign plan shall be submitted on a form established by the Zoning Administrator. The
application shall contain the following information as well as all other information required by the Zoning Administrator to
ensure compliance with the comprehensive sign plan evaluation criteria.
1. Name, address, and telephone number of the applicant.
2. Location of building, structure, or lot to which or upon which the comprehensive sign plan shall apply.
3. Name of person, firm, corporation, or association developing the comprehensive sign plan.
4. Written consent of the owner or lessee of the building, structure, or land to which the proposed comprehensive sign
plan is applicable.
5. Scale drawing of all signs included in the comprehensive sign plan indicating the dimensions, the materials to be used,
the type of illumination, if any, and the method of construction and attachment. Said drawings shall be drawn at a scale
no smaller than one-eight (1/8) inch equals one (1) foot and shall be prepared, signed, and sealed by a registered
professional engineer when required by the Zoning Administrator.
6. A scale drawing indicating the location and position of all signs included in the comprehensive sign plan in relation to
nearby buildings or structures. Said drawing shall be at a scale no smaller than one (1) inch equals fifty (50) feet.
F.Review and Action. The Zoning Administrator shall review the comprehensive sign plan application and approve, approve
with conditions, or deny the application based on the evaluation criteria. A written decision including the findings on the
evaluation criteria shall be rendered to the applicant.
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G.Appeals. Any applicant who receives a notice of denial from the Zoning Administrator may, within thirty (30) days after
receipt of such decision, appeal such decision to the Board of Adjustment by filing a written notice of appeal with the Zoning
Administrator with an explanation as to why said decision was not warranted according to the applicant.
Prohibited Signs and Content
A.Prohibited Signs. The following sign types shall be prohibited in all districts:
1. Pole/Pylon Signs
2. Billboards
3. Roof Signs
4. Outline Lighting
5. Signs located on City property without the City’s permission
6. Signs which encroach on the public right-of-way
B.Prohibited Content.
1. The following content is prohibited without reference to the viewpoint of the individual speaker:
a. Content that is prohibited or restricted per state or federal statute.
b. Text or graphics that advertise unlawful activity,
c. Text or graphics that are obscene, fighting words, defamation, incitement to imminent lawless action, or true
threats, or
d. Text or graphics that present a clear and present danger due to their potential confusion with traffic control signs
or signs that provide public safety information (for example, signs that use the words "Stop," "Yield," "Caution," or
"Danger," or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard
that does not exist).
2. The narrow classifications of content that are prohibited by this subsection are either not protected by the United States
or Illinois Constitutions, or are offered limited protection that is outweighed by the substantial governmental interests in
protecting the public safety and welfare. It is the intent of the City Council that each paragraph of this Subsection be
individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be
inconsistent with the United States or Illinois Constitutions.
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Safety, Maintenance, and Abandonment
A. Every sign and all parts thereof, including framework, supports, background, anchors and wiring systems shall be
constructed and maintained in compliance with applicable building and other codes adopted by the City.
B. All signs, together with all supports, braces, guys, and anchors shall be kept in proper repair in accordance with the
provisions of this UDO. When not galvanized or constructed of approved corrosion resistive, noncombustible materials,
signs shall be painted when necessary to prevent corrosion, rust, peeling paint, and excessive fading. Failure of owners to
keep signs maintained in good mechanical and visual repair shall be deemed a violation of this UDO.
C. It shall be the duty and responsibility of the owner or lessee of every sign to maintain the immediate premises occupied by
the sign in a clean condition, free of rubbish.
D. If the Zoning Administrator shall find that any sign is unsafe or unsecure, or is a threat to the public safety, or was, after the
adoption of this UDO constructed, erected, or maintained in violation of the provisions of this title, he or she shall give
written notice per the provisions of this UDO. Such notice shall specify the manner in which the sign is unsafe or in violation
of this UDO.
E. Sign copy shall be removed and in the case of a wall sign, the building façade shall be repaired, by the owner or lessee of
the premises upon which the sign is located when the use which the sign is associated is no longer conducted on the
premises. The sign copy shall be removed within thirty (30) days of when the use ceases to operate. If the owner or lessee
fails to remove the sign copy, the Zoning Administrator shall give the owner thirty (30) days written notice to remove it.
Failure to comply with the notice shall be deemed a violation of this UDO.
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Chapter 7. Subdivision Standards
Intent and Purpose...............................................................................................................................................................1
Lots………………………………………………………………………………………………………………………………………2
Street Design and Improvements.........................................................................................................................................3
Circulation and Connectivity...............................................................................................................................................12
Easements..........................................................................................................................................................................13
Water, Sewer, and Stormwater ..........................................................................................................................................13
Cluster Development..........................................................................................................................................................14
Anti-Monotony Standards...................................................................................................................................................16
Park and Recreation Land and School Site Dedication......................................................................................................17
Intent and Purpose
A. The regulations of this Chapter are adopted to:
1. Protect the interests of the landowner, the investor in land, the homeowner, and the municipal unit;
2. Conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate
the provisions of public improvements;
3. Provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic
circulation of the public; and to safeguard the public against flood damage;
4. Prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the
location, width, and course of streets and highways; the installation of utilities, street pavements, and other essential
improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open
space; and
5. Establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of this
title, and to provide penalties for violations.
B.Provision of Improvements. All improvements required by this Chapter shall be installed by the developer as part of a
Minor Subdivision detailed in Section 10-8-## or a Major Subdivision as detailed in Section 10-8-##.
C.Conformance With Standard Specifications and Ordinances.All improvements required in this Chapter shall be as
specified in the City's standard specifications for improvements, the Kendall County Stormwater Management Ordinance,
and other applicable County ordinances.
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Lots
A.Conformance With District Standards.All lots shall meet the minimum depth, width, and area requirements of the
governing district, unless otherwise approved as a cluster development.
B.Lot Size and Shape.The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for
the type of development and use contemplated, as determined by the Planning and Zoning Commission and City Council.
C.Right Angles Required.
D. Side lot lines shall be substantially at right angles or radial to street lines.
E.Double Frontage and Reverse Frontage Lots .
1. Double frontage and reverse frontage lots shall be avoided, except where necessary to overcome disadvantages of
topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation
exists.
2. In these instances, double frontage lots shall be provided with suitable screen planting when adjoining roadways as
follows:
a.Local or Collector Roads. Double frontage lots adjoining a local or collector road shall provide a type C transition
yard as specified in Table 10-5-2(F)(2).
b.Arterial Roads. Double frontage lots adjoining a local or collector road shall provide a type D transition yard as
specified in Table 10-5-2(F)(2).
3. Double frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic, as deemed
appropriate by the Planning and Zoning Commission and City Council.
G.Subdivisions to Include Entirety of Parent Parcels.Subdivisions must include and plan for the entire parcel or parcel(s)
being divided and shall not exclude portions of the parcel or parcel(s) being divided from the subdivision.
F.Access.
1. All lots shall front or abut on a public street.
2. The fronting of residential lots on state and county highways or major thoroughfares, major collectors as designated in
the comprehensive plan is prohibited. Each subdivision entrance shall be located not less than one thousand three
hundred (1,300) feet apart, centerline to centerline, unless topography or existing street locations dictate otherwise.
3. Non-access provisions controlling ingress and egress to streets may be required by the Planning and Zoning
Commission and City Council to assure traffic safety and to relieve congestion at intersections.
4. The distance between access points shall be approved by the City Engineer.
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Street Design and Improvements
A.Street Network Design
1.General Street Layout.
a. In general, streets should be designed and located so that they relate to the topography, preserve natural features
such as streams and tree growth, and provide adequate public safety and convenience for motorists, cyclists, and
pedestrians alike.
b. The proposed street layout shall also be coordinated with the existing street system of the surrounding area.
Where a through street or a series of streets establishes a connection between two (2) public streets, such street
shall be a public street.
c.Connectivity Index. A connectivity index shall be used to determine the adequacy of street layout design. A
connectivity index is calculated as the ratio of the number of street links (road sections between intersections) in
the subdivision street layout divided by the number of street nodes (intersections and cul-de-sac heads). Streets
within a subdivision shall have a minimum connectivity index measurement of one and two-tenths (1.2).
Figure 7.1. Connectivity Index Calculation
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2. Blocks.
a. Length.
i. Blocks in residential subdivisions shall not exceed eight hundred (800) feet in length.
ii. Blocks in nonresidential subdivisions shall not exceed one thousand three hundred twenty (1,320) feet in
length.
b. Width. Lots shall have sufficient width to provide two (2) tiers of lots of appropriate depth, except on boundaries of
a proposed subdivision or where required to separate and discourage through traffic between residential
subdivisions and nonresidential development.
Figure 7.2. Blocks
3. Street Jogs. Street intersection jogs with centerline offsets of less than one hundred fifty (150) feet shall be prohibited.
Horizontal changes in alignment shall have a radius of twenty (20) feet to permit safe vehicular turning movements.
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4. Street Intersections.
a. Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections at angles
of less than eighty (80) degrees shall not be acceptable.
b. Property lines at minor street intersections shall be rounded with a minimum radius of twenty-five (25) feet.
Property lines at major streets or highway intersections shall be rounded with a minimum radius of thirty (30) feet.
Figure 7.3. Street Intersections
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5. Cul-de-sacs.
a. Cul-de-sacs shall not exceed five hundred (500) feet in length, measured from the entrance to the center of the
turn-around.
b. Cul-de-sacs shall have a turn-around radius at the property line of not less than fifty (50) feet.
c. Cul-de-sacs shall have a curb radius of not less than forty (40) feet.
Figure 7.4. Cul-de-sacs
6. Street Stubs.
a. In new developments the subdivider shall terminate streets as stubs at the outer perimeter boundaries of the
development based on the criteria below. If the street in question meets at least two (2) of the criteria, then the
street must be built to an appropriate collector street standard:
i. The street intersects directly with any street designated as an arterial street and provides access to an area
with an overall density of ten (10) dwelling units per acre or provides access to more than one hundred fifty
(150) dwelling units.
ii. The street by its general configuration, in relationship to the existing development of the area, serves any
collector function.
iii. The street extends into an undeveloped area in such a manner as to serve any future collector function.
iv. The street serves as the primary access to a significant nonresidential, institutional, or recreational land as
well as an access to a residential area of twenty (20) or more acres.
b. Street stubs shall be clearly demarcated and identified for future street extension by street signage.
c. All street stubs shall terminate with a turn-around for vehicles.
d. All stub streets shall conform to the City’s adopted version of the International Fire Code.
e. The City Engineer may deem that the street stub is impractical due to topographic conditions, environmental
constraints, property shape, or property accessibility.
7. Dead End Streets. Dead end streets shall not be permitted except as street stubs per the requirements of this section.
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B. General Improvement Requirements.
1. Sidewalks. Concrete sidewalks shall be at least five (5) feet in width.
2. Shared Use Paths. Shared use paths shall be at least eight (8) feet in width.
3. Bicycle Facilities.
a. Bicycle lanes shall be at least four (4) feet in width.
b. Shared bicycle and vehicle lanes and bike lanes shall be delineated in accordance with NACTO standards.
4. Parkways.
a. Parkways, shall be at least seven (7) feet in width, however, parkways may be reduced to five (5) feet in width
along minor streets or lower-traffic volume street types as approved by the City.
b. Parkways shall be located between the back of curb and sidewalk.
c. A minimum of one (1) canopy tree shall be planted per every forty (40) linear feet of parkway. Where overhead
utility line conflicts are present, a minimum of one (1) understory tree shall be planted every twenty (20) feet. The
spacing of trees shall take into consideration site-specific conditions and clear vision triangles.
d. A complete streetlight system shall be installed in the required parkway in all subdivisions.
5. On-Street Parking.
a. On-street parking shall be parallel.
b. On-street parking spaces shall have the following minimum dimensions:
i. Width: Eight (8) feet.
ii. Length: Twenty-three (23) feet.
c. On-street parking spaces shall be delineated with striping with a minimum width of four (4) inches.
d. On-street parking spaces shall be visually delineated from drive aisles with striping or other means.
6. Medians.
a. Medians shall have a minimum width of ten (10) feet.
b. Medians shall taper to a minimum of four (4) feet in width at intersections.
c. Medians shall be planted with a minimum of fifteen (15) shrubs or native grasses every fifty (50) linear feet.
Commented [JE1]: The Mayor has requested allowing trees to
be planted on private lots and not having them within the parkway.
Maybe an incentive could be added her to require less if planted on
private property within the required front yard?
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C. Street Design Requirements.
1. Right of-Way Widths. The minimum right-of-way widths of proposed streets shall be as detailed in Table 7-1-3(C)(1).
2. Paving Widths. The minimum paving widths from curb face shall be as detailed in Table 7-1-3(C)(2).
3. Required Street Design Elements. Required street design elements shall be as established per street type in Table
##-##.
a. A “●” indicates an element that is required on one (1) side of a given street.
b. A “○” indicates an element that is required on both sides of a given street.
c. A “◊” indicates an element that is required.
d. A “□” indicates an element that is required at the discretion of the City.
Type of Street Maximum Right-of-Way Widths (Feet)
Arterial 100
Collector 85
Local Nonresidential 80
Local Residential 75
Table 10-7-3(C)(1): Minimum Right-of-Way Widths
Type of Street Maximum Paving Width (Feet)
Arterial 49
Collector 41
Local Nonresidential 39
Local Residential 31
Table 10-7-3(C)(2): Minimum Paving Widths
Sidewalk
Shared Use
Path Parkway Bicycle Lane
Shared Bicycle
& Vehicle
Lane
On-Street
Parking Median
Freeway or Expressway
Arterial ••○○ ◊
Collector, Bike Lane & Median ••○○ ◊
Collector, On-Street Parking ••○□○
Local Nonresidential, Bike Lane & Median ○○○ ◊
Local Nonresidential, On-Street Parking ○○□○
Local Residential ○○□○
Table 10-7-3 (C)(3) Required Street Design Elements
Type of Street
Required Street Design Element
As required by the IDOT
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Figure 7.5. Arterial Design Standards
Figure 7.6. Collector With Bicycle Lane and Median Design Standards
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Figure 7.7.Collector With On-Street Parking Design Standards
Figure 7.8. Local Nonresidential Street With Bicycle Lane and Median Design Standards
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Figure 7.9. Local Nonresidential Street With On-Street Parking Design Standards
Figure 7.10. Local Residential Street Design Standards
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Circulation and Connectivity
A.Half Streets.
1. Half streets shall be prohibited, except where the Planning and Zoning Commission deems them essential to the
reasonable development of the subdivision and where the Planning and Zoning Commission finds it will be practicable
to require the dedication of the other half when the adjoining property is subdivided.
2. A right-of-way width of not less than forty (40) feet, and a pavement width of not less than twenty-two and one-half
(22½) feet, shall be required for the half street.
3. Where a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed
within such tract.
4. In cases where half streets are accepted, the owner and subdivider shall be required to grade and improve the half
street, the same as all other subdivision streets.
B.Alleys.
1.All Alleys. All alleys shall be privately maintained.
2.Commercial and Industrial. Alleys shall be provided for all commercial and industrial districts, except that the City
may waive this requirement where another definite and assured provision is made for service access, such as off-
street loading and parking consistent with, and adequate for, the uses proposed.
3.Residential.Alleys are encouraged in subdivisions in the R-2D, R-3, and R-4 Districts and when provided shall have a
minimum right-of-way width twenty (20) feet. Alleys shall be prohibited in the A-1, R-1, R-2, and R-2A Districts, unless
deemed necessary by the City Engineer because of topography or other exceptional circumstances.
4.Dead End. Dead end alleys shall be avoided where possible, but where unavoidable, shall be provided with an
adequate vehicle turn-around at the terminus as determined by the City Engineer.
5.Obstructions.No obstructions shall be permitted in areas reserved for alleys.
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Easements
A.Utility Easements Required.
1. Utility easements at least ten (10) feet wide shall be provided at the rear of all lots and shall be centered on the rear or
side lot lines, unless otherwise approved by the Planning and Zoning Commission due to topography, natural features,
or other site constraints.
2. Utility easements may be required at other locations than the rear of lots and at greater widths than ten (10) feet to
accommodate proposed utilities and to provide space for future utilities, as deemed appropriate by the City Engineer.
3. Utility easements shall be provided along both sides of all road right-of-ways as required in Section 10-7-3(E).
B.Stormwater Control Facilities Easements Required.Easements shall be required for all stormwater control facilities and
for overflow routes.
C.Watercourse Easements Required.Where a watercourse, drainage channel, stream, or other body of water traverses a
subdivision, appropriate dedications or easement provisions, with adequate width to accommodate the observed, computed,
or anticipated stormwater drainage through and from the subdivision shall be made. The width of the easement shall
depend on the area of land drained by the watercourse and shall be of adequate width to allow access for construction and
maintenance equipment.
D.Transition Area Easements.Transition area easements may be required in accordance with the standards of Section 10-
5-3(F). If said easement is to also be used for public utilities, only such plant materials that have an ultimate growth not
exceeding fifteen (15) feet shall be used.
Water, Sewer, and Stormwater
A.Water System Connection Required.
1. All parcels within a subdivision shall be required to connect to the United City of Yorkville's Public Water Supply
System, including required water main extensions off-site, to the sizes required by the City.
2. All subdivisions shall provide a looped, double fed water system, and extensions to the boundaries of the development,
as directed by the City..
B.Sanitary Sewer Connection Required.
1. All parcels within a subdivision shall be required to provide connection to the sanitary sewer system, including required
sewer extensions off-site, to the sizes and depths required by the City.
2. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the City.
C.Stormwater Drainage Required.
1. Surface water drainage improvements consisting of storm sewers or open channels, inlets, catch basins, manholes,
and/or detention facilities, shall be designed and constructed to adequately drain the area being developed and any
other areas that naturally drain through the area being developed.
2. If the natural surface water drainage will be changed by the construction of the subdivision, adequate provision shall be
made for collection and diversion of such surface waters into public areas or drains which the subdivider has a right to
use. Surface waters shall not be deposited on the property of adjoining landowners in a manner that causes erosion or
other damage.
3. The property owner shall maintain any drainage course across their property, and shall keep their property free from
features that restrict the natural drainage.
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Cluster Development
Cluster development is allowed in residential subdivisions in the R-1, R-2, R-2A, and R-2D Districts to encourage and
accommodate, in an unified project, creative and imaginative approaches to development that preserve sensitive natural areas.
A.Resources to be Conserved. To qualify for cluster development any land located in a special flood hazard area, as
determined by the Federal Emergency Management Agency, shall be placed in a conservation easement.
B.Maximum Density per Acre. The gross density of a cluster development shall not exceed the maximum dwelling units per
acre detailed in Table 16-8-7(B).
C.Maximum Dimensional Standards Reduction. The dimensional standards established in Table 10-3-9 may be reduced by
thirty (30) percent or by the cumulative total land area to be placed in a conservation easement, whichever is less.
D.Density Bonus. The maximum gross density per acre, per district, may be exceeded by a maximum of thirty (30) percent if
a minimum of one (1) of the following sensitive natural areas are placed in a conservation easement. The maximum allowed
density bonus shall be as determined by the City Council and shall be directly tied to the amount of land area placed in a
conservation easement.
1. Wetlands,
2. Native landscapes,
3. Mature tree stands,
4. Prime farmland,
5. Critical habitat, and/or
6. Other as approved by the Zoning Administrator.
Table 10-1-7(B): Maximum Density per Acre
District Maximum Density
R-1 3.73 dwelling units/acre
R-2 4.48 dwelling units/acre
R-2A 7.47 dwelling units/acre
R-2D 4.98 dwelling units/acre
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Figure 7.11.Cluster Development
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Anti-Monotony Standards
A.Building Variety Standards.
1. No new single-family detached or duplex dwelling units shall be similar in appearance to any other single-family
detached or duplex dwelling units within three (3) units on either side of the subject property or on any of the five (5)
units across the street from the subject property.
2. On cul-de-sac turnarounds, no single-family detached or duplex dwelling shall be similar in appearance to another
dwelling on the turnaround.
B.Similarity Standards.Any two (2) dwelling units shall be considered similar in appearance if they are identical or nearly
identical to one another in any three (3) of the following characteristics:
1. Roof type (gable, hip, mansard, gambrel, flat, combination);
2. Roof height;
3. Approximate dimensions (height and length) of the front wall closest to the front lot line;
4. Shape of the front elevation silhouette;
5. Relative location and size of windows on the front elevation;
6. Relative location and dimensions of garage door(s), if included on the front elevation; and
7. Type(s) of exterior building cladding materials on the front elevation.
Figure 7.12. Anti-Monotony Standards
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Park and Recreation Land and School Site Dedication
As a condition of approval of a final plat of a subdivision, the developer shall dedicate land for park and recreational purposes
and for school sites to serve the needs of residents of the development, or a cash contribution in lieu of the land dedication, or a
combination of both, at the discretion of the City, in accordance with the criteria and formula below.
A.Criteria For Requiring Park and Recreation Land Dedication.
1.Requirements and Population Ratio. The quantity of land required for park dedication shall result directly from the
total population of the proposed development. The total requirement shall be five and one half (5 ½) acres of land per
one thousand (1,000) residents. The required five and one-half (5 ½) acres shall be allocated into different types of
recreation areas as shown in Table #####, or as may be required by City Council at its discretion.
Table 10-7-9(A)(1): Parkland Dedication Requirements
Type of Recreation Area Size Range Minimum Acres Per 1,000 People
Play lot Minimum - 8,000 square feet n/a
School/park (neighborhood playground)Minimum - 5 acres 1.25
Neighborhood park Minimum - 3 1/2 acres 1
District-wide park or play field Minimum - 4 acres, up to 30 acres 1.25
Community-wide recreation park Minimum - 12 acres, up to 30 acres 2
Total 5.5
B.Criteria For School Site Dedication.
1.Requirement and Population Ratio. The required dedication of land for school sites shall depend on the quantity of
students projected to be generated within the subdivision.The land dedication requirement shall be determined by
obtaining the ratio of the maximum number of students to be served in each such school classification as defined in
Table ###-### and the minimum number of acres for a school site of each school classification defined in Table ###-
###. The product shall be the number of acres of land required for sufficient school sites to serve the estimated
children in each such school classification.
Table 10-7-9 (B)(1): School Dedication Requirements
School Classification Grade
Maximum Number of Students for
Each School Classification
Minimum Number of Land Acres for Each
School Site for Such Classification
Elementary Schools - Grades K-5 600 students 11 acres
Junior High Schools - Grades 6-8 900 students 19 acres
High Schools - Grades 9-12 2,300 students 48 acres
C.Contribution in Lieu Procedure.At the City’s discretion, it may require the developer to pay a contribution in lieu of the
land dedication required. The cash contribution required in lieu of park and recreation and/or school facilities shall be per the
fee schedule adopted by the City. The cash contributions in lieu of park and recreation land dedication shall be held in trust
solely for the acquisition of park and recreation land which will be available to serve the needs of the residents of the
subdivision.
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D. Estimated Population Per Dwelling Unit. Table ###-### of population density shall be used to calculate the quantity of
dedicated acres of land for parkland or schools or to determine the required cash contribution in lieu of.
Table 10-7-9(D): Estimated Population Per Dwelling Unit
Type of Unit Preschool Elementary Junior High High School Adults Total Per Dwelling Unit
0-4 Years 5-10 Years 11-13 Years 14-17 Years 18+ Years All Ages
Dwelling, Single-Unit
2 Bedroom 0.113 0.136 0.048 0.020 1.700 2.017
3 Bedroom 0.292 0.369 0.173 0.184 1.881 2.899
4 Bedroom 0.418 0.530 0.298 0.360 2.158 3.764
5 Bedroom 0.283 0.345 0.248 0.300 2.594 3.770
Dwelling Duplex, Dwelling, Townhome
1 Bedroom 0.000 0.000 0.000 0.000 1.193 1.193
2 Bedroom 0.064 0.088 0.048 0.038 1.752 1.990
3 Bedroom 0.212 0.234 0.058 0.059 1.829 2.392
4 Bedroom 0.323 0.322 0.154 0.173 2.173 3.145
Dwelling, Multi-Unit
Efficiency 0.000 0.000 0.000 0.000 1.294 1.294
1 Bedroom 0.000 0.002 0.001 0.001 1.754 1.758
2 Bedroom 0.047 0.086 0.042 0.046 1.693 1.914
3 Bedroom 0.052 0.234 0.123 0.118 2.526 3.053
Commented [JE2]: Should we provide the source for this
calculation?
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Chapter 8. UDO Review and Approval
Procedures
Administrative Authorities..................................................................................................................................................... 1
General Application Requirements....................................................................................................................................... 3
Administrative Review and Action........................................................................................................................................ 5
Board/Commission General Review and Action Procedures.............................................................................................11
Special Uses.......................................................................................................................................................................12
Subdivision Procedures......................................................................................................................................................15
Planned Unit Development.................................................................................................................................................23
Variations............................................................................................................................................................................28
Appeals...............................................................................................................................................................................29
Text Amendments............................................................................................................................................................30
Map Amendments............................................................................................................................................................31
Annexations......................................................................................................................................................................32
Administrative Authorities
A.Zoning Administrator.The Director of the Department of Community Development shall be the Zoning Administrator and
shall enforce and administer the regulations of this UDO, including the following responsibilities.
1. Assist in providing public information relative to all matter pertaining to this title and open records for public inspection,
as deemed required by law.
2. Receive and review applications for all procedures related to this UDO.
3. Receive applications for County mile and one-half reviews and forward to Plan Council, the Planning and Zoning
Commission and City Council.
4. Forward materials to the applicable review and/or decision making committees as applicable.
5. Interpret the UDO regulations when questions arise, including but not limited to.
a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same
general character and permit their establishment.
b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class.
6. Maintain permanent and current records pertaining to the UDO, including, but not limited to, all maps, amendments,
Variations, Appeals, and publications thereof.
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7. Initiate, direct, and review, from time to time, a study of the provisions of this UDO and administrative record of
Variances and Appeals and make reports of their recommendations to the City Administrator and the appropriate board
or commission.
8. Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such
factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit.
9. Identify all nonconforming structures and uses.
10. Delegate other duties as may be placed upon them by this UDO.
B. Zoning Officer. The Building Code Official shall be responsible for enforcing this title, including the following
responsibilities.
1. Issue all certificates of use and occupancy, and Zoning Compliance Permits, and maintain records thereof.
2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this title.
3. Issue violation notices requiring compliance within thirty (30) days and advising suspected violators of their right to
appeal; and to issue citations for violations of this title.
4. Require that all construction or work of any type be stopped when such work is not in compliance with this title; and
revoke any permit which was unlawfully issued.
5. Review all cases of encroachment in required yards.
6. Enforce all orders of the Planning and Zoning Commission and City Council.
C. Plan Council. The Plan Council shall have the following responsibilities and procedures.
1. The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting.
2. Review on all Site Plans and documents related to concept plan, county mile and one-half review, Annexations,
Planned Unit Developments, Map Amendments, Text Amendments, Special Use, Preliminary Plan and Final Plat for
compliance with City ordinances, standards and policies.
3. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific
site problems, in accordance to City ordinances, standards and policies.
4. Prepare recommendations based upon review of site plans and documents to commissions and/or boards prior to
holding of a public hearing on the application or petition.
5. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer, Chief
Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director,
emergency medical representative, and fire district representative.
6. The City Administrator shall have final authority with regard to members and meeting schedule for the Plan Council.
D. Planning and Zoning Commission. The Planning and Zoning Commission shall have the following authorities and
responsibilities.
1. To hear and make recommendations to the Mayor and City Council on all applications for Text Amendments, Map
Amendments, Planned Unit Developments, and Special Uses, and Subdivision applications.
2. To initiate, direct, and review, from time to time, studies of the provisions of this title, and to make reports of its
recommendations to the Mayor and City Council not less frequently than once each year.
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3. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass
under this title.
4. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present
and future development or redevelopment of the City.
5. To hear and act upon requests for Interpretations of this UDO and appeals of decisions made by the Zoning
Administrator.
6. To hear and act upon applications for Variations from the terms of the Zoning Ordinance.
7. To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator
or Zoning Officer under the zoning regulations of this Code.
8. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as
prescribed by statute.
9. To enforce and make all decisions under the sign ordinance.
General Application Requirements
A.Authorization.
1. An application for any UDO procedure, except for amendments, may be filed only by the owner or lessee of the
property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
2. An application for an amendment may be filed by an owner, lessee, agent, or contract purchaser of property located in
the City or by the City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.
B.Filing.
1. An application for any UDO procedure shall be filed with the Zoning Administrator.
2. The application shall be on forms provided by the City and shall be filed in such number as the instructions provide.
3. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
4. The application shall include all information, plans, and data, specified in the UDO Application Requirements Manual
and sufficient to determine whether the application will conform to the requirements set forth in this UDO.
C.Completeness.
1. The Zoning Administrator shall determine whether the application is complete.
2. If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take
no steps to process the application until the deficiencies are remedied.
3.Dormant Applications.
a. If the Zoning Administrator determines that the application is incomplete it will become dormant under these
circumstances.
I. The applicant has been notified of such deficiencies and has not responded or provided a time line for
completing the application within ninety (90) days from the time of notification.
II. The applicant has not responded in writing to a request for information or documentation from the initial
Planning and Zoning Commission review within six (6) months from the date of that request.
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III. The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred
costs and fees within ninety (90) days from the date of the request.
b. If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or
brought it into compliance, then the director shall terminate the application. After termination, the application shall
not be reconsidered except after the filing of a completely new application.
c. Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs
and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is
not needed to pay for costs and fees shall be returned to the applicant.
4. Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for
consideration at the appropriate meeting, as needed.
D. Fees.
1. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the
City Council and as included in the City Fee Schedule in Section ##-###.
2. No fees shall be waived, and no fees shall be refunded except those authorized by the City Administrator or their
designee in their sole discretion.
E. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on
the application by a City administrator, commission, or board. Such withdrawal shall be in writing.
F. Successive Applications.
1. A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is
substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.
2. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration.
3. The Zoning Administrator shall make a determination as to whether the subsequent application provides substantial
new evidence.
4. If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall
summarily and without hearing deny the request.
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Administrative Review and Action
A.Summary of Administrative Review and Action. Table ##-#-## summarizes the Administrative review and approval
procedures and identifies the administrator that serves as the review and decision-making body.
B.Zoning Review.
1. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or
change the use of any building or land or to permit the aforementioned actions, until a Zoning Review has been
conducted by the Zoning Officer.
2. An application for Zoning Review shall be accompanied by a Property Index Number and Plat of Survey which may
include a legal description; the location, size and height of any buildings or structures to be erected or altered; the
existing and intended use of each building or structure and portion of the lot; the number of dwellings the building is
intended to accommodate, if any; and such other information with regard to the lot and neighboring lots as may be
requested by the Zoning Officer to determine and provide for the enforcement of this UDO.
3. The Zoning Officer shall act upon each application for Zoning Review after it is filed in compliance with the provisions
of Section ##-#-##. The Zoning Officer shall return one copy of the plans and notify the applicant, in writing, of said
official's refusal to issue an approval detailing the reason(s) for the refusal.
4. No approval shall be issued until appropriate fees have been paid. Fees shall be in the amount set forth in the City Fee
Schedule.
C.Building Permit.
1.Permit Required.A Building Permit issued by the Zoning Officer shall be required for the construction, reconstruction,
enlargement, or relocation of any building or structure.The permit shall be posted in a prominent place on the
premises prior to and during the period of construction, reconstruction, enlargement, or moving.
2.Site Plan Required.Every application for a Building Permit submitted to the Zoning Officer shall be accompanied by a
Site Plan and/or plat of survey as detailed in Section ##-#-##.
D.Certificate of Occupancy.
1. A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural
operations other than residences:
a. Occupancy and use of a building hereafter erected or enlarged.
Administrative Review Procedure Zoning Administrator Zoning Officer Plan Council
Zoning Review żƔ
Building Permit Ɣ
Certificate of Occupancy Ɣ
Site Plan Review Ɣżż
Administrative Exception Ɣ
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b. Change in the use of an existing building.
c. Occupancy and use of vacant land except for the raising of crops.
d. Change in the use of land to a use of a different classification except for the raising of crops.
e. Any change in the use of a nonconforming use.
2. No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been
issued.
3. Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within five (5)
business days after a written request for the same has been submitted to the Zoning Officer.
4. Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a
temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the
construction of the building or of alterations which are required under the terms of any law or ordinance.
a. Renewal. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the
respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or
building, or any other matter covered by this title, and such temporary certificates shall not be issued except under
such restrictions and provisions as will adequately ensure the safety of the occupants.
5. Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall
be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.
E. Site Plan Review.
1. Purpose and Applicability. Site Plan Review is required prior to the issuance of a Building Permit to certify
compliance with all applicable provisions of this UDO. Site Plan Review shall be required for any development meeting
one of the following criteria.
a. New development, including the construction or placement of any new building(s) or expansion of any existing
building.
b. Any development subject to off-street parking and loading requirements.
2. Zoning Administrator Review and Action.
a. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to determine
compliance with the requirements of this UDO. Based upon the review, the Zoning Administrator shall approve or
deny the Application, or forward to Plan Council for further review.
b. If denied, the Zoning Administrator shall report the deficiencies to the applicant. The applicant shall have six (6)
months from the date of notification of the deficiencies to correct the deficiencies; otherwise, the Site Plan will be
considered abandoned without further notice from the City.
3. Plan Council Review. Plan Council shall meet on an as-needed bases to review site plan and determine compliance
with the requirements of this UDO.
4. Concurrent Applications. A Special Use Permit or Variation application may be processed concurrently with a Site
Plan.
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5. Expiration and Lapse of Approval. The applicant shall have twelve (12) months from the date of Site Plan approval
to secure a Building Permit to carry out the proposed improvements. If a Building Permit has not been obtained within
twelve (12) months of the date of approval, the approval shall expire. An extension of the time requirements may be
requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written
request is filed with the City at least four (4) weeks prior to the respective deadline.
F. Administrative Exception.
1. Purpose. An Administrative Exception is a process through which certain minor deviations from the requirements of
this UDO may be approved by the Zoning Administrator. Administrative Exceptions are intended to allow a limited
amount of flexibility in the siting and height of certain buildings and/or structures. The Zoning Administrator shall have
the authority to grant or deny applications for Administrative Exceptions for such circumstances as this UDO allows
subject to the requirements of this Section.
2. Administrative Exceptions Considered.
a. An Administrative Exception to certain requirements of this UDO may be granted for the following exceptions:
I. A maximum five (5) percent reduction of the interior side and/or rear setback standard for a new principal or
accessory building/structure, or an addition to an existing principal or accessory building/structure in any
district,
II. A maximum five (5) percent increase of the height standard for a new principal or accessory
building/structure in any district, and/or
III. Other circumstances as detailed in this UDO.
b. An Administrative Exception shall not be granted for the approval of any use not otherwise allowed as a permitted
or Special Use within the subject district.
c. No Administrative Exception shall be considered where the setback required is five (5) feet or less.
d. In the case of a requested addition to a structure, no exception shall be considered where the existing structure
does not meet the minimum standard setback.
3. Administrative Exception Review Criteria. The Administrative Exception shall be approved if the Zoning
Administrator finds that the proposed exception:
a. Is consistent with the Comprehensive Plan,
b. Is consistent with the purpose of the base zoning district,
c. Is consistent with adopted building and fire codes,
d. Will not result in adverse impacts on adjacent existing or Planned Unit Development unless adequately mitigated,
and
e. Is of a technical nature and is required to achieve at least one of the following:
I. Compensate for an unusual site condition,
II. Eliminate a minor inadvertent failure to comply with this UDO, or
III. To protect a sensitive resource or natural feature.
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4. Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be
reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 3 above. Based
upon their review, the Zoning Administrator shall approve or deny the Administrative Exception application in writing.
5. Advancement To Variance. The Zoning Administrator may advance any Administrative Exception application to a
Variance in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning
and Zoning Commission to approve or deny. Any Administrative Exception advanced to a Variance shall follow the
procedure in Section ##-#-##.
6. Expiration. If a Building Permit is not issued or a Site Plan is not approved within six (6) months of the approval of the
Administrative Exception, the Administrative Exception shall be null and void.
G. Lot Consolidation/Splits.
1. Applicability. A Lot Consolidation/Split is a subdivision which meets any one (1) if the following conditions.
a. The consolidation or split of three (3) or fewer lots.
b. Subdivisions solely for the creation of public right of way or other public tracts of land.
c. Lot line or boundary adjustments to a final Filed Plat.
d. Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping
errors, lot identification errors, and surveyor corrections.
2. Lot Consolidation/Split Review Criteria.
a. Comprehensive Plan Alignment. The Lot Consolidation/Split is consistent with the goals, objectives, and
policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
b. UDO Compliance. The Lot Consolidation/Split is consistent with the provisions of the UDO and the governing
zoning district.
3. Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be
reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based
upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing.
4. Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Minor
Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the
Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Minor Subdivision
shall follow the procedure in Section ##-#-##.
H. Sign Permit.
1. Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a
sign, and its structural components, on any property to verify compliance with all applicable standards of this UDO and
the applicable sections of the building code as adopted by the City. All electrical installations associated with the
erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this UDO.
3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator shall make an
affirmative finding that all applicable provisions of this UDO, the Building Code, and all other City ordinances are met.
4. Zoning Administrator Review and Action. Based upon their review, the Zoning Administrator shall approve or deny
the Sign Permit application in writing.
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5. Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has
not been completed within six (6) months of the date of issuance.
6. Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in
Section 10-6-8.
I. Temporary Use Permit.
1. Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in
Table 10-3-12.
2. Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make
an affirmative finding that the following criteria are met:
a. Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this UDO and
the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation
of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the
public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the
nature of the activity, its location on the site, and its relationship to parking and access points.
b. Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required
before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All
structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly
removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to
its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other
evidence of the special event or use.
c. Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent
with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of
operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit.
d. Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given
anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the
City Engineer.
e. Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the
Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site.
f. Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers
may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written
guarantee that all litter generated by the event or use shall be removed at no expense to the City.
g. Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation
with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to
the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
h. Signs and Attention-Getting Devices. The Zoning Administrator shall review all signage in conjunction with the
issuance of the permit, although a Sign Permit is not required. The Zoning Administrator may approve the
Temporary Use of attention-getting devices. The number and types of signs and attention-getting devices allowed
shall be evaluated on the following criteria:
I. Type and size of the proposed event or use,
II. Safety considerations (sight distance setbacks, sidewalks in area, etc.),
III. Lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets),
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IV. Aesthetic concerns (appearance, illumination, number, and size of signs and attention-getting devices
proposed).
i. Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to
ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited
to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering
requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may
include, but shall not be limited to:
I. Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other
operational characteristics.
II. If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning
Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or
equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee
sufficient to reimburse the City for the costs of these services if not provided by the applicant. This
requirement shall not apply if the event or use has been anticipated in the budget process and sufficient
funds have been included in the budget to cover the costs incurred.
3. Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by
the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their
review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing.
J. Interpretations.
1. Purpose.
a. The interpretation authority established by this section is intended to recognize that the provisions of this UDO,
though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may
have to be applied.
b. The Zoning Administrator may issue Interpretations of the provisions of this UDO to clarify the standards or
requirements as they relate to a particular type of development on a particular property.
c. The interpretation authority established herein is not intended to add or change the essential content of this UDO
but is intended only to allow authoritative application of that content to specific cases.
2. Request. The Zoning Administrator may issue an Interpretation at the written request of a petitioner who is proposing
to take action requiring the issuance of a permit or certificate. The request for an Interpretation shall set forth the facts
and circumstances, a description of the proposed development, and the precise interpretation claimed by the applicant
to be correct.
3. Content of Letter. The Interpretation does not itself authorize the establishment of a use but provides guidance for
any approvals or permits required by this UDO, and the Interpretation shall be advisory in nature and shall not be
binding upon the Planning and Zoning Commission or the City Council in their functions under this UDO. The
Interpretation shall specify the facts, reasons, analysis, and standards upon which the Interpretation is based.
4. Records. A record of all Interpretations shall be kept on file in the Zoning Administrator's office.
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Board/Commission General Review and Action Procedures
A.Summary of Board/Commission Review and Approval Procedures. Table ##-#-## summarizes the Board and
Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as
recommending or decision-making bodies.
B.Notice Requirements.
1.Notice Requirements by Procedure. Table 10-8-3(B) summarizes the notice requirements per Board and
Commission review and approval procedure.
2.Published Notice.The City shall cause a notice to be published in a newspaper of general circulation within the City.
The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the address
of the subject property. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in
advance of the scheduled hearing date.
Petition Review Procedure Plan Council
Planning and Zoning
Commission City Council
Special Use R R* D
Minor Subdivision R R D
Major Subdivision R R D
Planned Unit Development R R* D
Variation R/D* ° D
Appeal R D
Text Amendment R R D
Map Amendment R R* D
Annexations R R D*
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3.Mailed Notice. The applicant shall mail notice by certified mail properly addressed as shown on the county tax
assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose
lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line.
a.Affidavit Required. The applicant shall file a sworn affidavit containing a complete list of the names and last
known addresses of all owners of record entitled to notice and served, and attach thereto all United States Post
Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the
return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of
the public hearing.
4.Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the
responsibility of the applicant.
C.Recording of Documents. Recording of documents as required by the City in instances of subdivision, consolidation,
amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the Zoning
Administrator in a timely manner and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by
the Zoning Administrator and paid prior to the recording of documents.
Special Uses
A.Purpose.The Special Use process is intended to provide the City additional discretion in the approval process for uses
which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring
land and of the public need for the particular use at the particular location.
B.Plan Council Review.Plan Council shall review the application and report to the Planning and Zoning Commission its
findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the
approval.
C.Planning and Zoning Commission Hearing and Recommendation. The Planning and Zoning Commission shall hold a
public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and
recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
D.City Council Action.The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning
Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall
approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning
Commission for further consideration.
E.Protest. In the event of written protest against any proposed Special Use, signed and acknowledged by the owners of
twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such Special Use
shall not be granted except by the favorable vote of two-thirds (Ҁ) of all members of the City Council. In such cases of
written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed Special
Use and a copy upon applicant's Attorney, if any, by certified mail at the address of such applicant and attorney shown in
the application for the proposed Special Use.
F.Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City
Council unless the following are found:
1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger
the public health, safety, morals, comfort, or general welfare.
2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the
purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in
which it is to be located.
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3. The establishment of the Special Use will not impede the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided.
5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the
public streets.
6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan.
G. Conditions and Guarantees. Prior to the granting of any Special Use, the Plan Commission may recommend and the City
Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of
the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards
and requirements specified in Subsection F of this section. In all cases in which Special Uses are considered the Planning
and Zoning Commission may recommend and the City Council may require such evidence and guarantees as it may deem
necessary as proof that the conditions in connection with the Special Use are being and will be complied with as required.
H. Approval. Any application for a Special Use which fails to receive a majority vote for favorable recommendation or
favorable recommendation with conditions from the Planning and Zoning Commission shall not be approved except by the
favorable vote of two-thirds (Ҁ) of all the members of the City Council, and any Special Use application which receives the
favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission may be
denied by a majority vote of the City Council.
I. Expiration and Lapse of Approval. In any case where a Special Use has been granted pursuant to the provisions of this
chapter, such approval shall become null and void unless it is constructed and in active use within one (1) year of the date
of issuance. An applicant may request an extension of an additional year, to be approved by a majority vote of the City
Council.
J. Amendments to Approved Special Uses.
1. Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator
shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed
in Section ##-### and Section ##-### below.
2. Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or
more of the following:
a. Increase in the intensity of the site’s use,
b. Additional noise, glare, odor, or other impacts that are detectable from off-site
c. Affects the subject property in a manner that inhibits its continued use or reuse, or
d. Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the
Special Use, as determined by the Zoning Administrator
3. Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with
the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of
the Special Use and is not considered a major amendment as detailed in Section ##-###.
4. Approval Process. A major amendment to an approved Special Use shall follow the procedure for a Special Use
approval set in Section ##-###. A minor amendment to an approved Special Use may be approved by the Zoning
Administrator.
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Figure 8.1. Special Use Procedure
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Subdivision Procedures
A.Purpose. The purpose of this section is to establish the procedures regarding the subdivision, development, and platting of
land, the preparation of plats, installation of utilities, and extension of streets and highways.]
B.General Provisions.
1.Zoning District Compliance.No subdivision shall be approved unless it conforms to all of the requirements of this
UDO. Whenever there is a discrepancy between minimum standards or dimensions of this UDO, building codes or
other adopted regulations, codes or ordinances, the most restrictive shall apply.
2.Comprehensive Plan Conformance.
a. All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan.
b. The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of
the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as
well as the improvement provisions outlined in this Section.
3.Subdivision Review Criteria.
a.Comprehensive Plan Alignment. The Minor or Major Subdivision is consistent with the goals, objectives, and
policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
b.UDO Compliance. The Minor or Major Subdivision is consistent with the provisions of the UDO and the governing
zoning district.
C.Minor Subdivisions.
1.Applicability. A Minor Subdivision is a subdivision involving between four (4) and ten (10) parcels.
2.Easements. Where a Minor Subdivision will result in a lot having inadequate access to utility easements, dedication of
easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer.
3.Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that
access to each lot is assured.
4.Procedure.
a.Concept Plan.The applicant for a Minor Subdivision shall meet with the City to review a Concept Plan as
described in this subsection.
(1)City Staff Meeting. The applicant shall schedule a meeting with the City Administrator, City Engineer, and
Director of Public Works, to review access, availability of water, sewer, stormwater, and other related
technical issues, at least two (2) weeks prior to the targeted Planning and Zoning Commission.
(2)Planning and Zoning Commission. Petitioner must attend a scheduled Planning and Zoning Commission
meeting, which will involve an informal public comment session after the petitioner, or a duly authorized
representative presents his Concept Plan. The Planning and Zoning Commission shall review and discuss
the Concept Plan but is not required to take formal action on the Concept Plan.
b.Final Plan.The applicant for a Minor Subdivision shall submit a Final Plan as described in UDO Application
Requirements Manual.
(1)Plan Council Review. Plan Council shall review the Final Plan and review and discuss the Concept Plan but
is not required to take formal action on the Concept Plan.
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(2) Planning and Zoning Commission Recommendation. After reviewing the Final Plan, the Planning and
Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and
its reasons for such recommendation.
(3) Further review: The Final Plat then proceeds to the Economic Development Committee for its further review
and recommendation.
(4) City Council Action. After review and recommendation by the Planning and Zoning Commission, the Final
Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review
criteria. Based on the review, the City Council shall approve or deny the Final Plat.
Figure 2. Minor Subdivision Procedure
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D. Major Subdivisions.
1. Applicability. A Major Subdivision is a subdivision involving more than ten (10) parcels.
2. Procedure.
a. Concept Plan. The applicant for a Major Subdivision shall meet with the City to review a Concept Plan as
described in this subsection.
(1) City Staff Meeting. The applicant shall schedule a meeting with the City Administrator, City Engineer, and
Director of Public Works, to review access, availability of water, sewer, stormwater, and other related
technical issues, at least two (2) weeks prior to the targeted Planning and Zoning Commission.
(2) Plan Council Review. Plan Council shall review and discuss the Concept Plan but is not required to take
formal action on the Concept Plan.
(3) Planning and Zoning Commission. Petitioner must attend a scheduled Planning and Zoning Commission
meeting, which will involve an informal public comment session after the petitioner, or a duly authorized
representative presents his Concept Plan. The Planning and Zoning Commission shall review and discuss
the Concept Plan but is not required to take formal action on the Concept Plan.
b. Preliminary Plan. The applicant for a Major Subdivision shall submit a Preliminary Plan as described in t UDO
Application Requirements Manual.
(1) Plan Council Review. Plan Council shall review and discuss the Preliminary Plan but is not required to take
formal action on the Preliminary Plan.
(2) Planning and Zoning Commission Review. The Planning and Zoning Commission shall evaluate the
proposed Preliminary Plan, and after consideration of the Zoning Administrator Report, shall make a
recommendation to the City Council to approve, approve with conditions, or deny the Preliminary Plan based
on the applicable review criteria. The Planning and Zoning Commission shall transmit a report containing the
recommendation to the City Council.
(3) City Council Action. After review of the Preliminary Plan and the recommendation of the Planning and
Zoning Commission, the City Council shall discuss with the subdivider the proposed plan and shall, within
forty-five (45) days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of
approval or reasons for disapproval.
(4) Time Limit and Expiration. Approval of the Preliminary Plan is tentative only, and shall be effective for a
period of twelve (12) months. If the Final Plat has not been recorded within this time limit, the Preliminary
Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants
an extension. An extension period shall not exceed two (2) twelve-month periods.
c. Final Plan. The applicant for a Major Subdivision shall submit a Final Plan as described in UDO Application
Requirements Manual.
(1) Plan Council Review. Plan Council shall review and discuss the Final Plan and recommend either approval
or denial to the Planning and Zoning Commission.
(2) Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall review
the Final Plan and recommend either approval or denial of the Final Plan to City Council in writing and its
reasons for such recommendation.
(3) Further Review. Following the Planning and Zoning Commission review and recommendation, the Final
Plan shall proceed to the Economic Development Committee for its further review and recommendation.
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(4) City Council Action. After review and recommendation by the Planning and Zoning Commission, the Final
Plat shall be reviewed by the City Council to ensure that the application conforms to the approved preliminary
plat, addresses all conditions of approval required as part of the Preliminary Plat approval, and meets all the
applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat.
(5) Recording of final plat: The Final Plat shall be recorded with the County Recorder of Deeds, within ninety
(90) days from the date of final approval, or final approval shall be considered null and void. This requirement
shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or
developer.
E. Amendments to Approved Subdivisions.
1. Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator
shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section
##-### below.
2. Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or
more of the following changes:
a. Increase in density,
b. Increase in the number of dwelling units
c. Reduce open space by more than five (5) percent,
d. Modify the proportion of the housing types proposed,
e. Change parking areas in a manner that is inconsistent with those in the approved subdivision,
f. Alter alignment of roads, utilities, or drainage, or
g. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving
the Subdivision as determined by the Zoning Administrator.
3. Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with
the standards and conditions upon which the Subdivision was approved, which does not alter the concept or intent of
the Subdivision and is not considered a major amendment as detailed in Section ##-###.
4. Approval Processes. A major amendment to an approved Minor Subdivision shall follow the procedure set in Section
##-### while a major amendment to an approved Major Subdivision shall follow the procedure in Section ##-###. A
minor amendment to an approved Subdivision may be approved by the Zoning Administrator.
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Figure 8.3. Major Subdivision Procedure
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F. Required Improvements.
1. Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and
specifications for the required subdivision improvements by the Planning and Zoning Commission, Director of Public
Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by state and county
permits, where required, the applicant shall construct and install the required subdivision improvements prior to filing
the final plat with the Planning and Zoning Commission for final approval. If construction does not begin within four (4)
years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements.
2. Subdivision Securities.
a. Construction guarantee. In lieu of construction in Section 11-5-1 of this chapter, the subdivider shall post with
the City, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond,
payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required
improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to
ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the
approved plans and specifications. A surety or bank recognized by the State of Illinois, and carrying a rating
sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of
credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City.
Construction guarantee shall not be reduced to below twenty (20) percent of the approved engineer's estimate
prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least
one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1)
year.
b. Projects nearing two (2) years: Projects nearing (2) two years into construction will receive a status inquiry letter
from the City Engineer and require an updated public improvement completion (PIC) schedule.
c. Projects nearing three (3) years: Projects nearing (3) three years into construction will receive a status inquiry
letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC
schedule.
d. Projects nearing four (4) years: Projects nearing four (4) years into construction will receive a status inquiry
letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and
formal notification that the project will be in default if an extension is not requested and approved prior to the four-
year construction deadline.
e. Projects over four (4) years: Projects over four (4) years into construction will receive notification of default from
the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to
a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for
completion.
f. Reduction of Subdivision Securities: Final acceptance, approval of land improvements and corresponding
reduction or release of letters of credit and/or performance bonds shall be as follows:
(1) The City Engineer shall issue a written recommendation including the basis for approving, denying, or
modifying a request for reduction. The recommendation shall include the amount of the reduction based
upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of
issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation
factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also
determine the remaining amount of the letter of credit and/or performance bond after the reduction.
(2) The City Engineer's written recommendation shall be forwarded to the City Administrator for approval.
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(3) Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall
be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the
decision.
(4) In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall
have the final authority to approve or deny the City Engineer's recommendation.
(5) A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a
final determination to affirm or reverse the City Administrator's initial decision.
(6) The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to
the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that
have been received and actions taken pursuant to those requests.
3. Construction Warranty.
a. The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council
action accepting the improvements for public ownership. Except as provided in subsection B of this section, this
subdivision letter of credit or performance bond will not be released until a one-year maintenance bond or letter of
credit is posted with the City Clerk for ten (10) percent of the land improvement cost, to ensure that all
improvements will properly function as designed, with no defects before the City Council formal acceptance.
b. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are
on private property that do not serve, benefit, or impact properties other than the one (1) being developed.
c. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public
improvement system or in the potential failure of the system.
4. Procedure. Not more than ten (10) months after Preliminary Plan approval, four (4) copies of the proposed Final Plans
and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the
State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all
necessary information for the following, as applicable:
a. Streets,
b. Curbs and gutter,
c. Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.),
d. Comprehensive drainage plan, including grades of surface drainageways,
e. Sanitary sewerage system,
f. Water supply and distribution,
g. Public utility locations,
h. Streetlights,
i. Sidewalks,
j. Street signs, guardrails, and other special requirements,
k. Parkway trees, and
l. Payment in full of all City fees.
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5. Construction and Inspection.
a. Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the
approved plans and specifications for the above improvements. Authorization to begin work will be given upon
receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision
roads intersect any presently existing road, and work must proceed in accordance with construction methods of
this section through Section 11-5-16 of this chapter, and the City's standard specifications for improvements.
b. Construction of all improvements required by this title must be completed within four (4) years from the date of
approval of the Final Plat, unless good cause can be shown for granting an extension of time.
c. The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and
testing of all construction work and materials before, during, and after construction.
d. On-street parking during build out of the development shall be limited to one (1) side only of all streets. In general,
parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post
signage, as required by the Yorkville Police Department.
e. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-
way at any time, without exception.
f. The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a
form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information:
(1) The schedule when public improvements are to be completed.
(2) The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval
ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights,
and other public improvements installed in a workmanship-like manner within four (4) years of initial
construction.
(3) The schedule will require the subdivider/developer to provide proof by a title search that all accepted
infrastructure is free and clear of all liens and encumbrances.
(4) The schedule shall state that the subdivider/developer will maintain the public improvements until they are
approved and accepted by the City.
6. As-Built Plans. After completion of all public improvements, and prior to final acceptance of said improvements, the
subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer
and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the
signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of
final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion.
The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as
built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City.
7. Acceptance of Dedication, Improvements.
a. Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the
maintenance of the same. Approval of the Final Plat does not constitute final acceptance.
b. Approval of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all
community improvements.
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c. All public improvements shall be accepted only by resolution of the City Council, after a formal petition for
approval has been submitted by the subdivider to the City Clerk. Such petition shall be filed after completion of the
public improvements. The City Engineer and the Director of Public Works shall, make recommendations in report
form to the City Council. All petitions shall be acted upon by the City Council within thirty (30) days from receipt of
such recommendations of the City Engineer and Director of Public Works. A maintenance bond will then be
required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City
Council acceptance.
Planned Unit Development
A.Purpose and Intent. The purpose of the regulations, standards, and criteria contained in this Section is to provide an
alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative
architectural design when sufficiently justified under the provisions of this Section. The objective of the Planned Unit
Development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise
applicable UDO regulations. The end result can be a product which fulfills the objectives of City plans and policies, including
but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The
Planned Unit Development is intended to permit and encourage such flexibility and to accomplish the following purposes:
1. To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City
policies.
2. To stimulate creative approaches to the commercial, residential, and mixed-use development of land.
3. To provide more efficient use of land.
4. To preserve natural features and provide open space areas and recreation areas in excess of that required under this
UDO.
5. To develop new approaches to the living environment through variety in type, design and layout of buildings,
transportation systems, and public facilities.
6. To unify buildings and sites through design.
B.General Provisions.
1. Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in
accordance with this UDO.
2. Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base
justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development
except to the extent such Planned Unit Development has been approved as part of a development master plan.
3. The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall
rest with the applicant.
C.Planned Unit Development Relation to Base District Standards.
1. A Planned Unit Development, if approved, shall be applied as an overlay district, and all base district designations shall
be maintained.
2. A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such
modifications shall be referred to as site development allowances.
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3. Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site
development allowances may be approved provided the applicant specifically identifies each site development
allowance in the Planned Unit Development application and demonstrates how each site development allowance
would be compatible with surrounding development; is necessary for proper development of the site; and is aligned
with a minimum of one (1) of the modification standards detailed in Section ##-#-#.
4. All approved site development allowances shall be delineated in the ordinance approving the Planned Unit
Development and shall be considered the standards of the Planned Unit Development overlay district as it applies to
the subject property.
D. Modification Standards. An applicant seeking a site development allowance shall be required to justify their request
through the provision of tangible benefits to the City of Yorkville by meeting a minimum of two (2) of the modification
standards detailed below.
1. Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances
existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.
2. Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site
design and building location, architectural design of individual buildings, and landscaping design capable of reducing
energy consumption and improving onsite stormwater management.
3. Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is
proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the
use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches,
seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string or Tivoli lights, and/or
other features. The public gathering space is integrated into the overall design of the Planned Unit Development and
has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.
4. Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs,
streetscape, architecture, public gathering spaces, open spaces, etc.
5. Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households
that make less than or equal to eighty (80) percent of the Kendall County median income.
6. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level
access from the street and/or zero entry thresholds.
7. High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials
that are of a higher quality than what is otherwise required by this UDO.
E. Standards of Review. The following standards for review shall be utilized in the review of a Planned Unit Development
application as a whole, including any requested site development allowances and the modification standards proposed to
justify those requests. No application for a Planned Unit Development shall be approved unless the City Council finds that
the application meets all of the following standards:
1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set
forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and
developed as a unit in accordance with an integrated overall design, in which the various land uses function as a
cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of
activity in the development, and edges, which define the outer borders of the development, through the harmonious
grouping of buildings, uses, facilities, public gathering spaces, and open space.
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3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so
that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the
danger of fire or otherwise endanger the public health, safety, and welfare.
4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally
compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse
impacts have been mitigated through screening, landscaping, public open space, and other buffering features that
protect uses within the development and surrounding properties.
5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities,
road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit
Development shall include such impact fees as may be reasonably determined by the City Council. These required
impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public
facilities and infrastructure.
6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely
impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or
off the parcel(s) proposed for development.
7. Impact on Viewsheds. The Planned Unit Development is designed to preserve the integrity of viewsheds from the
perspective of viewers located on-site or off-site.
F. Procedures.
1. Pre-Filing Staff Conference and Transmittal of Application.
a. Pre-Filing Staff Conference(s). A prospective applicant, prior to submitting a formal application for a Planned
Unit Development, shall meet for a pre-filing conference(s) with the Zoning Administrator. The purpose of the
conference(s) is to help the applicant understand: City plans and policies, including but not limited to the
Comprehensive Plan; the UDO; site development allowances; the standards by which the application will be
evaluated; and the application requirements.
b. Filing of Application. After completing the pre-filing staff conference, the applicant may file an application for a
Planned Unit Development including all of the information required in Section ##-###.
c. Deficiencies. The Zoning Administrator shall determine whether the application is complete. If the Zoning
Administrator determines that the application is not complete, they shall notify the applicant in writing of any
deficiencies and shall take no further steps to process the application until the deficiencies are remedied. If the
Zoning Administrator determines that the application is complete they shall deliver copies of the application to
other appropriate City departments or agencies for review and comment.
d. Staff Report. A copy of the complete application and a written report incorporating the comments of Village staff
and other agencies regarding the compliance of the proposed Planned Unit Development with the requirements
and standards of this Article shall be delivered to the Planning and Zoning Commission prior to the public hearing.
2. Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a
recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the
applicable review criteria to the Planning and Zoning Commission.
3. Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and
Zoning Commission shall hold a public hearing on the proposed Planned Unit Development, and, at the close of the
public hearing and after consideration of the staff report and public comment, make a recommendation to the City
Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review
standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report
containing its recommendation to approve, approve with modifications, or deny the application to the City Council.
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4. City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the
meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator
Report, and public comment either:
a. Approve the application,
b. Approve the application with modifications,
c. Deny the application,
d. Refer the application back to the Planning and Zoning Commission for further review, or
e. Postpone further consideration pending the submittal of additional information, including any application
requirement previously waived.
5. Zoning Map Amendment. Upon approval of the Planned Unit Development by the City Council, the zoning map shall
be amended to reflect the PD-O Planned Unit Development Overlay District.
G. Amendments to Approved Planned Unit Development.
1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning
Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the
criteria detailed in Section ##-### and Section ##-### below.
2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that
results in one or more of the following changes:
a. Increase density,
b. Increase the height of buildings,
c. Reduce open space by more than five (5) percent,
d. Modify the proportion of housing types,
e. Change parking areas in a manner that is inconsistent with this UDO,
f. Increase the approved gross floor area by more than five hundred (500) square feet,
g. Alter alignment of roads, utilities, or drainage, or
h. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving
the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator.
3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is
consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not
alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in
Section ##-###.
4. Approval Processes. A major amendment to an approved Planned Unit Development shall follow the procedure set in
Section ##-###. A minor amendment to an approved Planned Unit Development may be approved by the Zoning
Administrator.
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H. Expiration and Lapse of Approval. For any Planned Unit Development in which there has been no Building Permit issued
nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit
Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and
the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit
Development shall not expire, only the Planned Unit Development overlay shall expire.
Figure 8.4. Planned Development Procedure
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Variations
A.Authority.The Planning and Zoning Commission, after a public hearing, may recommend a Variation to the regulations of
the UDO in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the
Planning and Zoning Commission holds a public hearing and makes findings of fact in accordance with the standards of this
section, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter
of the regulations of this UDO.
B.Authorized Variations.Variations from the regulations of this title shall be granted by the Planning and Zoning Commission
only in accordance with the standards established in subsection C of this section and may be granted only in the following
instances:
1. To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty-
five (25) percent.
2. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or
lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required
area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum
lot width and area set forth in this title.
3. To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space,
or twenty (20) percent of the applicable regulations, whichever number is greater.
4. To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are
permitted to be located from the use served as specified in Section ##-#-##.
5. To allow for the deferment, or land banking, of required parking facilities for a reasonable period.
6. To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable
regulations as specified in Article 4.
7. To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant
or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any
authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or
structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or
zoning lot or structure is located.
C.Standards for Variations.
1. The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make
findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are
complied with in addition to the following:
a. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical
conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations
were carried out.
b. The conditions upon which the petition for a Variation is based are unique to the subject property and are not
applicable, generally, to other properties within the same zoning district.
c. The difficulty or hardship is not created by any person presently having an interest in the property.
d. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
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e. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially
increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair
property values within the neighborhood.
f. The proposed Variation is consistent with the official comprehensive plan and other development standards and
policies of the City.
2. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a
Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the
effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title.
3.Planning and Zoning Commission Hearing and Action. The Planning and Zoning Commission shall hold a public
hearing and shall render a decision to approve, approve with conditions, or deny the application based on all applicable
standards of this UDO.
4.Expiration and Lapse of Approval.Where a Variation has been granted pursuant to the provisions of this section,
such approval shall become null and void unless construction thereon is substantially under way within twelve (12)
months of the date of issuance, unless extended by the Zoning Administrator.
Appeals
A.Purpose.An Appeal may be taken to the Planning and Zoning Commission for any order, requirement, decision,
interpretation or determination of the regulations of this title made by the Zoning Administrator by any individual aggrieved
by the action taken under. The Planning and Zoning Commission shall hear the Appeal, hold a public meeting, and render a
decision.
B.Initiation.An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of
Appeal specifying the grounds thereof, who shall forward such Appeal to the Planning and Zoning Commission.
C.Planning and Zoning Commission Hearing and Action.A public hearing shall be conducted by the Planning and Zoning
Commission for each Appeal. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the
criteria in Section 10-8-9(E).
D.Appeal Review Criteria.An Appeal of administrative decisions shall be granted only if the Planning and Zoning
Commission makes one of the following findings.
1. The decision constituted an erroneous application or interpretation of this UDO.
2. The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO.
3. The decision was rendered based upon an erroneous material fact.
E.Record of Action.The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk.
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Text Amendments
A.Initiation of Text Amendments. Text Amendments to this UDO may be proposed by the Mayor and City Council, the
Planning and Zoning Commission, City staff, majority beneficiary of land trust, contract purchaser, any property owner, or an
authorized agent.
B.Text Amendment Review Criteria.
1. The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan.
2. The Text Amendment will not adversely affect the public health, safety, or general welfare.
C.Plan Council Review.Plan Council shall review and discuss the Text Amendment and recommend approval or denial to
the Planning and Zoning Commission.
D.Hearing and Recommendation by the Planning and Zoning Commission.The Planning and Zoning Commission shall
hold at least one (1) public hearing on the proposed Text Amendment. Within forty-five (45) days after the close of the
hearing on a proposed Text Amendment, the Planning and Zoning Commission shall make written findings of fact and shall
submit the same, together with its recommendation to approve, modify, or deny the Text Amendment to the City Council.
E.City Council Action.The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may
approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning
and Zoning Commission for further consideration.
Figure 8.5. Text Amendment Procedure
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Map Amendments
A.Initiation of Amendments. Map Amendments may be proposed by the subject property owner, the Mayor and City
Council, the Planning and Zoning Commission, Zoning Administrator, or another City official.
B.Map Amendment Review Criteria. The Planning and Zoning Commission shall approve Map Amendments only if the
following criteria are satisfied.
1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
2. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
3. The proposed Map Amendment is consistent with the existing and planned uses and zoning of nearby properties.
4. The subject property is suitable for the purposes of the proposed zoning district.
5. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by
any adjacent parcels, and
6. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning
district as specified in Section ##-###.
C.Plan Council Review.Plan Council shall review and discuss the Map Amendment and recommend approval or denial to
the Planning and Zoning Commission.
D.Planning and Zoning Commission Hearing and Recommendation. The Planning and Zoning Commission may hear and
hold a public hearing on a request for any Map Amendment and, at the close of the public hearing and consideration of
public comment and the Zoning Administrator report make a recommendation to the City Council to approve, approve with
conditions, or deny the Map Amendment based on the established review criteria. The Planning and Zoning Commission
may also recommend a zoning district more restrictive than that requested. A concurring vote of a majority of those
members present at the meeting shall be required to recommend granting or denying an application for an amendment. The
Planning and Zoning Commission shall transmit a report containing its written findings to City Council.
E.City Council Action. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may
grant or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and
Zoning Commission for further consideration.
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Figure 8.6. Map Amendment Procedure
Annexations
A.Petition for Annexation.All Annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such
petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included
within the Annexation.
B.Plan Council Review.Plan Council shall review the application for annexation and report to the Planning and Zoning
Commission its findings and recommendations as part of the approval.
C.Planning and Zoning Commission Review and Recommendation. The Planning and Zoning Commission shall review
the application and report its findings and recommendation to the City Council its findings and recommendations as part of
the approval.
D.City Council Hearing and Action.The City Council shall hold a public hearing on the proposed annexation. The City Clerk
shall publish notice of the public hearing as required in Section ##-#-##. City Council shall approve or deny a proposed by a
majority vote in accordance with applicable Illinois Statute.
E.Request for Zoning Map Amendments. All petitions for Annexation agreement requesting a zoning classification other
than the R-1, Single-Unit Suburban Residence Zoning District shall be processed in the same manner as a petition for a
request for a Map Amendment as provided in Section ##-### for lands within the jurisdictional limits of the City. All such
requests for a Map Amendment or Variations shall be accompanied by the fees as provided in section 10-4-13 of this
chapter, and the said fees shall be paid at the time of filing the petition for Annexation agreement.
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Chapter 9. Nonconforming Buildings, Structures, and
Uses
Continuance of Uses and Structures.................................................................................................................................... 1
Nonconforming Uses............................................................................................................................................................ 1
Nonconforming Structures.................................................................................................................................................... 2
Elimination of Nonconforming Buildings, Structures, and Uses ........................................................................................... 3
Exempted Buildings, Structures, and Uses.......................................................................................................................... 3
Continuance of Uses and Structures
A. Any lawfully established use of a building or land on MM/DD/YYYY, including any use which is rendered nonconforming by
a subsequent amendment to this title, that does not conform to the use regulations for the district in which it is located shall
be deemed to be a legal nonconforming use and may be continued subject to the provisions of this chapter.
B. Any lawfully established building or structure on MM/DD/YYYY, including any building or structure which is rendered
nonconforming by a subsequent amendment to this title, that does not conform to the regulations for the district in which it is
located shall be deemed to be a legal nonconforming building or structure and may be continued in use subject to the
provisions of this chapter.
Nonconforming Uses
A.Relocation. A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to
any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it
relocates.
B.Change in Use.A nonconforming use of land shall not be changed to any other use except to a land use, specifically
enumerated in the list of permitted uses for the zoning district in which the land is located. Whenever any part of a building,
structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not
thereafter be used or occupied by a nonconforming use.
C.Expansion.A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not
limited to, the following:
1. A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure
shall not be expanded or extended to any land area not occupied by such nonconforming use.
2. A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by
such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure.
D.Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished
subsequent to abandonment as follows:
1. Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve
(12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a
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nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the
premises thereafter shall be in conformity with the regulations of the district.
2. Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable
codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use
of such land or structure shall comply with the regulations of the zoning district in which it is located and with the
provisions of the other titles of this UDO.
3. Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall
constitute abandonment and shall not thereafter be used in a nonconforming manner.
Nonconforming Structures
A.Relocation.A nonconforming structure shall not be relocated in whole or in part to any other location on the same property
or to any other property unless the nonconforming structure complies with all of the provisions of this UDO.
B.Maintenance, Repair, Alteration and Enlargement.
1. A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it
is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the
regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such
nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof,
conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the
nonconforming use.
2. No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the
following situations:
a. When the alteration is required by law, or
b. When the alteration will actually result in elimination of the nonconforming use, or
c. When a building is in a residential district containing residential nonconforming uses, it may be altered in any way
to improve livability, provided no structural alterations shall be made which would increase the number of dwelling
units or the bulk of the building.
3. A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in
which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration,
or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning
district in which it is located and the provisions of the other titles of this UDO.
C.Damage and Destruction.
1. If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of
fifty (50) percent or more of its fair market value prior to such damage, the building or other structure can be rebuilt or
used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in
which it is located.
2. In the event the damage or destruction is less than fifty (50) percent of its market value, the building or structure may
then be restored to its original condition and the occupancy or use of such building or structure may be continued
which existed at the time of such partial destruction.
3. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months
from the date of damage or destruction and completed within twenty-four (24) months.
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4. The methodology for determining the extent of damage with regard to fair market value shall be as recommended by
the Zoning Administrator and approved by the City Administrator.
Elimination of Nonconforming Buildings, Structures, and Uses
The period of time during which the following nonconforming uses, buildings, or structures may continue or remain
nonconforming shall be limited from MM/DD/YYYY, or when any use, building or structure is rendered nonconforming by a
subsequent amendment to this title. Every such nonconforming use, building or structure shall be completely eliminated or
removed from the premises at the expiration of the period of time specified below:
A. Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred (500) dollars
shall be removed after two (2) years.
B. All nonconforming advertising devices, such as pennants, flags, movable signs, or portable outdoor displays in any business
district shall be removed after two (2) years.
C. Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years.
D. Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory
or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after
a period of two (2) years.
E. In all residence districts uses permitted only in the B-2 Mixed-Use Business and B-3 General Business Districts or the
manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a
residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the
following amortization schedule:
F. Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be
granted for a period longer than two (2) years.
Exempted Buildings, Structures, and Uses
Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is
located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt
from the requirements of Section 10-15-4 and subsection 10-15-3.B of this chapter as follows:
A. In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no
such building shall be altered in any way so as to increase the number of dwelling units therein.
B. Legally nonconforming duplex units zoned R-2, Single-Unit traditional residence district are exempt from subsection 10-15-
3.C of this chapter; however if the total structure containing both units of the duplex building is damaged or destroyed by
any means to the extent of seventy-five (75) percent or more of its fair market value prior to such damage, the building shall
be rebuilt or used only for conforming principal and accessory uses in compliance with the R-2, Single-Unit Traditional
Residence District.
C. In any residence district where a use permitted in the B-1 Local Business District occupies ground floor space within a
multiple-family dwelling located on a corner lot.
D. In any business or manufacturing district where the use is less distant from a residence district than that specified in the
regulations for the district in which it is located.
Description of Use Amortization Period
Uses permitted in the B-2 and B-3 Districts 15 Years
Uses permitted only in the Manufacturing Districts 15 Years
Table 10-8-4(E): Amortization Periods
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E. In any district where an established building, structure or use is nonconforming with respect to the standards prescribed
herein for any of the following:
1. Lot coverage;
2. Lot size per dwelling unit;
3. Yards front, side, rear or transitional;
4. Off-street parking and loading;
5. Lot size;
6. Building height;
7. Gross floor area.
F. In any district, unless otherwise limited or restricted by an annexation agreement, agricultural uses that exist upon
annexation of the property and become legal nonconforming shall continue to be legal nonconforming uses and shall not be
subject to elimination by abandonment or amortization.
Steering Committee Meeting 9
February 23, 2023
Agenda
■UDO Process
■Project Objectives and UDO Alignment
■Q & A
■Next Steps
UDO PROCESS
Project Scope of Work
■Step 1: Project Initiation and Outreach
■Step 2:Technical Analysis and Best Practices
■Step 3: Draft District Standards
■Step 4: General Development Standards
■Step 5: Draft Subdivision Design/Improvements
■Step 6: Administrative and Procedural Standards
■Step 7: Draft and Final UDO
■Step 8: Web-Based “Smart Code” Integration
Project Scope of Work
■Step 1: Project Initiation and Outreach
■Step 2:Technical Analysis and Best Practices
■Step 3: Draft District Standards
■Step 4: General Development Standards
■Step 5: Draft Subdivision Design/Improvements
■Step 6: Administrative and Procedural Standards
■Step 7: Draft and Final UDO
■Step 8: Web-Based “Smart Code” Integration
PROJECT OBJECTIVES
AND UDO ALIGNMENT
Project Objectives –
Align with the Comprehensive Plan
▪RFP Objective: Align the UDO with the goals and action steps outlined in the Comprehensive
Plan Update 2016.
Project Objectives –
Align with the Comprehensive Plan
▪RFP Objective: Align the UDO with the goals and action steps outlined in the Comprehensive
Plan Update 2016.
▪Proposed UDO Amendments:
▪Eliminate R-1: Estate Residential, B-4: Service Business, and O: Office Districts
▪Consolidate OS-1: Passive Open Space and OS-2: Active Open Space Districts
▪Repurpose the B-2: Retail Commerce Business District to the B-2 Mixed-Use Business
District to allow mixed commercial and residential uses in a pedestrian setting downtown.
▪Reduce each district’s lot area and width standards based on nonconformity analysis
Project Objectives –
Align with the Comprehensive Plan
▪RFP Objective: Align the UDO with the goals and action steps outlined in the Comprehensive
Plan Update 2016.
▪Proposed UDO Amendments continued:
▪Add use-specific standards for uses that generate off-site impacts within the community to
ensure new development is compatible within the City
▪Revise off-street parking minimums to align with best practices and institute an off-street
parking maximum
▪Modernize landscape requirements and establish clear requirements for building foundation
and transition zone landscaping
▪Review and revise subdivision design standards with modern requirements and
consideration of development best practices
Project Objectives –
Incorporate Downtown Overlay District
▪RFP Objective: Incorporate the the Downtown Overlay District with streetscape master plan
guidelines and Form Based Code regulations into the UDO.
Project Objectives –
Incorporate Downtown Overlay District
▪RFP Objective: Incorporate the the Downtown Overlay District with streetscape master plan
guidelines and Form Based Code regulations into the UDO.
▪Proposed UDO Amendments:
▪Downtown-Overlay District integrated within UDO (Chapter 3. District Standards).
▪District purpose and intent specified to promote a mix of uses, a pedestrian environment, and a
mix of housing types, and achieve an appropriate scale and intensity of development.
▪Standards from existing Chapter 21 carried forward, no major changes proposed.
Project Objectives –
Update Off -Street Parking
▪RFP Objective: Off-Street Parking -update the parking schedule with new contemporary concepts
such as payment in lieu of parking, autonomous vehicle planning, designated vehicle charging
stations, etc.
Project Objectives –
Update Off -Street Parking
▪RFP Objective: Off-Street Parking -update the parking schedule with new contemporary concepts
such as payment in lieu of parking, autonomous vehicle planning, designated vehicle charging
stations, etc.
▪Proposed UDO Amendments:
▪Revise off-street parking required quantities to reflect industry best practices.
▪Establish different minimum parking requirements depending on facility size, with smaller
requirements for larger facilities.
▪Establish a maximum allowed quantity of off-street parking for each land use -20% more than
the minimum quantity of off-street parking required unless approved by the Zoning
Administrator.
▪Allow 5% of the off-street parking to be compact and motorcycle off-street parking spaces.
Establish smaller space standards compact car parking spaces.
Project Objectives –
Update Off -Street Parking
▪RFP Objective: Off-Street Parking -update the parking schedule with new contemporary concepts
such as payment in lieu of parking, autonomous vehicle planning, designated vehicle charging
stations, etc.
▪Proposed UDO Amendments continued: Require vehicular cross access between adjacent
properties to enhance mobility for motorists.
Project Objectives –
Update Off -Street Parking
▪RFP Objective: Off-Street Parking -update the parking schedule with new contemporary concepts
such as payment in lieu of parking, autonomous vehicle planning, designated vehicle charging
stations, etc.
▪Proposed UDO Amendments continued:
▪Allow developer to request to pay a fee-in-lieu of off-street parking subject to a fee schedule
established by the City.
▪Allow curbside pickup and rideshare pickup/drop-off spaces to substitute for required off-
street parking.
▪Establish requirements for electric vehicle charging stations of one space per every 50 off-
street vehicle parking spaces.
Project Objectives –
Revise Landscape Standards
▪RFP Objectives:
▪Green Infrastructure -integration of stormwater regulations for a spectrum of densities and
incentivize best management practices.
▪Update Landscape Ordinance and Park Development Standards.
Project Objectives –
Revise Landscape Standards
▪RFP Objectives:
▪Green Infrastructure -integration of
stormwater regulations for a spectrum
of densities and incentivize best
management practices.
▪Update Landscape Ordinance and
Park Development Standards.
▪Proposed UDO Amendments:
▪Require landscaping at the foundation
of buildings on facades that face a
street ROW
Project Objectives –
Revise Landscape Standards
▪RFP Objectives:
▪Green Infrastructure -integration of
stormwater regulations for a spectrum
of densities and incentivize best
management practices.
▪Update Landscape Ordinance and
Park Development Standards.
▪Proposed UDO Amendments continued:
▪Require landscape between off-street
parking lots and the street ROW.
Project Objectives –
Revise Landscape Standards
▪RFP Objectives:
▪Green Infrastructure -integration of
stormwater regulations for a spectrum
of densities and incentivize best
management practices.
▪Update Landscape Ordinance and
Park Development Standards.
▪Proposed UDO Amendments continued:
▪Require varying amount of landscape
within the interior of parking lots
depending on the location of the
parking lot in relation to the primary
building
Project Objectives –
Revise Landscape
Standards
▪RFP Objectives:
▪Green Infrastructure -integration of
stormwater regulations for a spectrum
of densities and incentivize best
management practices.
▪Update Landscape Ordinance and
Park Development Standards.
▪Proposed UDO Amendments continued:
▪Require varying amounts of landscape
in yards between lots depending on the
compatibility of the uses
A
B
C
D
Project Objectives –
Update Sign Ordinance
▪RFP Objective: Update Sign Ordinance
Project Objectives –
Update Sign Ordinance
▪RFP Objective: Update Sign Ordinance
▪Proposed UDO Amendments: Establish an aggregate amount of sign area allowed per parcel –similar to
a bank of sign area that property owners can divvy up between allowed sign types
Project Objectives –
Update Sign Ordinance
▪RFP Objective: Update Sign Ordinance
▪Proposed UDO Amendments continued: Revise all regulated sign types to ensure content neutrality in
compliance with Reed v. Gilbert. Show the permitted and allowed signs by district in a table
R Districts B-1 B-2 B-3 M-1 M-2 A-1 OS PI
Wall Sign P (1)P P P P P P (1)P P
Single-Tenant Monument Sign P (1)(2)P P P P P P (1)P P
Multi-Tenant Monument Sign P P P P P P
Awning/Canopy Sign P (1)P P P P P P (1)P P
Projecting Sign P P P P P
Window Sign A A A A A A A
On-Site Traffic Directional Sign P (1)P P P P P P P
Wall Mounted Banner Sign P (1)P P P P P P (1)P P
Ground Mounted Banner Sign P (1)P P P P P P (1)P P
Feather Sign P P P P P P
A-Frame/Sandwich Board Sign A (1)A A A
Post Sign A A A A A A A A P
Yard Sign A A A A A A A A P
Cold Air Inflatables A A A A A A A A
(2) Sign shall be permitted at entryways or gateways to subdivisions or neighborhoods only.
Sign Type
Table 10-6-4(A) Permitted Sign Types by District
District
Permanent Signs
Temporary Signs
Notes:
(1) Sign shall be permitted for nonresidential, mixed use, or multifamily developments only.
Project Objectives –
Update Sign Ordinance
▪RFP Objective: Update Sign Ordinance
▪Proposed UDO Amendments continued: Establish standards for the allowed sign copy area, height,
projection, and number of signs for each sign type.
Project Objectives –
Modernize Subdivision Standards
▪RFP Objective: Subdivision Control -utilization of engineering and planning best management
practices for sustainable and smart growth development.
Project Objectives –
Modernize Subdivision Standards
▪RFP Objective: Subdivision Control -utilization of engineering and planning best management
practices for sustainable and smart growth development.
▪Proposed UDO Amendments:
▪Establish objective requirements for street design improvements including sidewalks,
parkways, bicycle lanes, on-street parking, and medians
▪Specify the street design improvements required for each street type
Project Objectives –
Modernize Subdivision Standards
▪RFP Objective: Subdivision Control -utilization of engineering and planning best management
practices for sustainable and smart growth development.
▪Proposed UDO Amendments continued: Establish a connectivity index to require a specified
number of street links relative to nodes within a subdivision.
Project Objectives –
Modernize Subdivision Standards
▪RFP Objective: Subdivision Control -utilization of engineering and planning best management
practices for sustainable and smart growth development.
▪Proposed UDO Amendments continued: Establish a cluster subdivision option to allow an
increase in density when natural areas are preserved.
Project Objectives –
Revise and Streamline Procedures
▪RFP Objectives:
▪Clear and concise review criteria and guidelines.
▪Creation of a simple, streamlined review process with flexibility to fast-track development proposals
which exceed minimum design criteria.
Project Objectives –
Revise and Streamline Procedures
▪RFP Objectives:
▪Clear and concise review criteria and guidelines.
▪Creation of a simple, streamlined review process with flexibility to fast-track development proposals
which exceed minimum design criteria.
▪Proposed UDO Amendments:
▪Clarify the application procedure, including submittal and fees, regardless of the UDO process
▪Establish new zoning review and site plan review procedures to allow staff review of by -right uses
▪Create administrative exception process to allow staff review of minor exceptions to the setback or
height standards
▪Establish administrative processes for sign permits, temporary use permits, and interpretations
Project Objectives –
Revise and Streamline Procedures
▪RFP Objectives:
▪Clear and concise review criteria and guidelines.
▪Creation of a simple, streamlined review process with flexibility to fast-track development proposals
which exceed minimum design criteria.
▪Proposed UDO Amendments continued:
▪Establish a process to allow staff approval of minor changes to previously approved special uses,
planned unit developments, and subdivisions
▪Rework the planned unit development procedure to establish clear review standards and enable
Plan Commission approval of deviations from the base zoning in exchange for benefits to the City
▪Establish clear review criteria for map and text amendments
Project Objectives –
User -Friendly Format
▪RFP Objectives:
▪Integration of codes into a user-friendly format so that all development related regulations
are consolidated into a single document and easily cross-referenced.
▪Extensive use of graphics, illustrations, images, photographs, diagrams and tables for ease
of use and reference.
Project Objectives –
User -Friendly Format
▪RFP Objectives:
▪Integration of codes into a user-friendly format so that all development related regulations
are consolidated into a single document and easily cross-referenced.
▪Extensive use of graphics, illustrations, images, photographs, diagrams and tables for ease
of use and reference.
▪Proposed UDO Amendments:
▪Tabularize bulk and dimensional standards, permitted and special uses, permitted sign
types by district, and other information to enhance user-friendliness.
▪Separate UDO text into short clauses to improve the document’s readability.
▪Add clause headings and cross references throughout document to help users locate
information.
▪Incorporate graphics and illustrations where relevant.
Project Objectives –
User -Friendly Format
▪RFP Objectives:
▪Integration of codes into a user-friendly format so that all development related regulations
are consolidated into a single document and easily cross-referenced.
▪Extensive use of graphics, illustrations, images, photographs, diagrams and tables for ease
of use and reference.
▪Proposed UDO Amendments continued: UDO structured into nine chapters that reflects how
typical users utilize the ordinance –
▪high level, city-wide and district specific standards first,
▪use and development standards next,
▪administrative procedures last.
Project Objectives –
User -Friendly Format
UDO Chapter Structure:
1.General Provisions
2.Definitions
3.District Standards
4.Use Standards
5.Development Standards
6.Signs
7.Subdivision Standards
8.UDO Review and Approval Procedures
9.Nonconforming Buildings, Structures, and Uses
QUESTIONS?
NEXT STEPS
Project Scope of Work
■Step 1: Project Initiation and Outreach
■Step 2:Technical Analysis and Best Practices
■Step 3: Draft District Standards
■Step 4: General Development Standards
■Step 5: Draft Subdivision Design/Improvements
■Step 6: Administrative and Procedural Standards
■Step 7: Draft and Final UDO
■Step 8: Web-Based “Smart Code” Integration
THANK YOU!