Unified Development Ordinance Advisory Committee Packet 2023 07-20-23
UNIFIED DEVELOPMENT ORDINANCE
ADVISORY COMMITTEE AGENDA
Thursday, July 20, 2023
6:30 PM
Yorkville City Hall Council Chambers
651 Prairie Pointe Drive
Meeting Called to Order: 6:30 p.m.
Roll Call:
Establishment of Quorum
Previous meeting minutes: February 23, 2023
Citizen’s Comments:
1. Introduction
2. Review of Materials
a. Second Review of Revised Chapters 1-9
3. Committee Comments and Questions
4. Adjournment
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
DRAFT
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MINUTES OF UNIFIED DEVELOPMENT ORDINANCE
ADVISORY COMMITTEE MEETING
Thursday, February 23, 2023 6:30pm
City Hall Council Chambers
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 6:30pm by Chairman Chris Funkhouser and a quorum was established.
Roll Call & Establishment of Quorum
Committee Members:
Chris Funkhouser, Chairman/Alderman/in-person
Deborah Horaz, PZC Member/remote attendance
Dan Transier, Alderman/in-person
David Schultz, HR Green/remote attendance
Absent: Jeff Olson
Others Present:
Krysti Barksdale-Noble, Community Development Director/in-person
Jason Engberg, Senior Planner/in-person
Molly Krempski/in-person
David Guss/in-person
Previous Meeting Minutes October 13, 2022
The minutes were approved as presented.
Citizens Comments None
1. Introduction
Mr. Engberg said the consultant has provided a draft of all chapters, though some chapters will not be changed.
This is a review of the first draft and step 7 of 8. The last step is integrating it as part of the SmartCode and it
will be available on-line and searchable by developers. He asked the committee for any changes needed.
2. Review of Materials
a. First Draft of Revised Chapter
REVISIONS COMPLETED:
Mr. Engberg reviewed the many revisions already completed as follows:
Alignment with Comprehensive Plan:
Committee eliminated some duplicates or zone districts not being used, added new residential district for smaller
lots, re-purposed B-2 to work as downtown overlay, B-3 established as more general business, modernized
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subdivision design, eliminated some bulk regulations not used, modernized landscape code, revised off-street
parking to modern standards, established specific standards for different uses, updated off-street parking.
Incorporate Downtown Overlay District into Comp Plan
UDO will align with this. B-2 is overlay district area.
Update Off-Street Parking
Revised parking standards, added maximum amount of parking—allowing for compact cars and motorcycle
parking, updated and additional off-street parking, cross-vehicle access provision, added curbside pickup
standards, added charging stations for electric vehicles.
Revised Landscape Standards
Section was completely re-written, integrated storm water regulations and many graphics added, more defined
language on expectations, integrated infrastructure, added language for lots/islands, added table showing how
different uses needed to be buffered from each other,
Sign Ordinance
Changed this completely as a result of a 2015 Supreme court case, must be content neutral—can't define signs by
content written on sign, added aggregate amounts to limit signs on each building, created more temporary
regulations, updated the measuring process for wall signs
Subdivision Control Standards
Modernized these standards, additions were objective street designs requirements, specifying design
improvements for different types of streets, connectivity index calculations which adds to walkability and more
cohesive neighborhood, added cluster developments and conservation elements, added bike paths.
Streamline Procedures
Minimal revisions, clarified and added more staff control over minor variations.
User Friendly Format
Graphics added to make more user-friendly, all info goes into SmartCode with many graphic features, parking
and other calculators added, staff discussing 3-D feature and on-line mapping component, chapter structure
easier to navigate and more cohesive.
3. Committee Comments and Questions
Mr. Engberg asked for comments from the committee. Ms. Horaz asked when the next Comp Plan would be
revised. It will be in 2026, actually starting in 2024 since it's a 2-year process. Ms. Noble said a budget request
has been made to start the process. The entire UDO update should be done by summer with possible revisions
coming from the city attorney. An open house is anticipated for early April/May with a Public Hearing in May
or June.
Missing Comments:
Chairman Funkhouser said some committee comments have been missed in the revision and he listed them:
--Block length proposed for 800 feet, but too short according to committee, should be 1,300 feet
--Mid-block crossings and alternatives and incentives for shorter block lengths
--Right-of-way signs minimum is 75 feet—questioned logistics and need for this, 66 foot is current standard
--If requiring wider right-of-way, need offset on setbacks or size of lot, to maintain density
--Lot width measurements for cul-de-sacs and curves--shows straight line on back side of curve, is it based on
convex or concave?
--Most of the changes needed are in chapter 7
Ms. Noble said staff also noted some changes in the land use section.
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Landscape Discussion:
Ms. Horaz presented some revisions/changes for consideration. She asked that the number of trees be
monitored so there are not too many to appear like a nursery and obscure business or monument signs. The
revised code calls for less landscaping in exchange for a higher quality sign. Also the “fee in lieu” may
mitigate that, said Mr. Funkhouser. Ms. Noble's concern was that standards may be met when the landscaping is
first installed, but later may be covered by mulch. Mr. Funkhouser said this section may need flexibility and
perhaps more staff authority. Regarding landscaping around signs, Chairman Funkhouser suggested a
landscape area equal to the perimeter of the sign and vegetation placed adjacent to the sign. A landscape plan
will be required with 50% shrubs and 50% grasses. Ms. Horaz said 2 shade trees per island is too many, not
allowing enough room for roots to grow and it obscures line of sight. That was reduced to one tree per island.
Three native grasses and one canopy shade tree were decided upon for an endcap. The graphic shows 2 and
should be changed to one.
Cluster Development Discussion:
Ms. Horaz asked if there are certain areas where cluster developments would be located. Ms. Noble said they
could be designed around rich ecological areas/wetlands rather than clearing them. There would be single unit
homes and duplexes. Mr. Funkhouser gave an example of property south of town favorable for clusters.
Ms. Horaz noted the smaller lots of 6,000 or 6,500 sq. ft. in the revised UDO. She is not sure what the 6,000 sq.
ft. will accomplish other than making row houses. Mr. Engberg replied that the proposed R-2-A zoning would
give a 65 ft. wide lot in a lot size of 6,000 sq. ft., making it a more narrow lot. He said many lots in the older
part of town would be suitable for that. This would not necessarily require a rear load garage with a smaller lot,
added Mr. Funkhouser. He said many products are being built today that would fit on a 65 ft. wide lot. Products
on 40 ft. lots could accommodate front load garages depending on sideyard setbacks, design of home, etc.
The question was raised by Ms. Horaz as to what size house can be built with a 10 ft. setback. Suggestions were
a 45 ft. wide house with a 20 ft. garage. Another possibility is a 1,400 sq. ft. ranch and 400 sq. ft. garage for a
total of 1,800 sq. ft. Ms. Noble added that people are moving away from the idea that a larger lot equates to a
higher quality home. With a smaller amount of land you can get more product and make it more affordable. She
said they are also trying to move away from architectural standards. Mr. Engberg added that the clusters are
more aligned with the recent aging workshop asking for different types of housing. Seniors say they must move
since they can't maintain a large home.
Ms. Horaz also said Yorkville is laid out nicely now and if cluster housing is brought in, is Yorkville going to
change and are the developers going to build clusters regardless of conservation. Mr. Funkhouser answered that
cluster homes is a style of development based on conservation and builders will have to use a different zoning if
they are just concerned with density. They will still have requirements, but clusters have to maintain certain
features such as a wetland. Conservation can mean just open space and it also reduces expenses significantly, he
said. Mr. Transier commented that the market will dictate the success of cluster developments. An example of
the cluster development showing 4 dwelling units per acre was pointed out by Ms. Noble. She said you would
also have a walkable community, save ecologically valuable areas and be more aesthetically pleasing. Mr.
Engberg added that by preserving natural elements, there could be a higher price for a nicer product. Cluster
developments would have R-2-A zoning said Mr. Transier. It was clarified that clusters are not a zoning
district, but rather an overlay on a district to get bonuses for conserving natural features.
Committee member Horaz said the bigger subdivisions look nice with bigger lots, the product is better and
people enjoy it. Yorkville does not have enough senior housing stock and there are many smaller lots in the
older part of town that would be appropriate, said Mr. Funkhouser. The market is trending toward diversity, but
she asked if a smaller lot makes it diverse. Mr. Transier offered that if the market says people want 6,000 sq ft.
lots, then they have that option and we want to offer that alternative to developers.
Mr. Engberg said some homeowners couldn't build in Yorkville, but we are trying to create opportunities and not
exclude anyone from living here. He said Grande Reserve has gone to 9,000 sq. ft. for some single homes which
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are next to a 6,000 sq. ft. age-targeted community. Ms. Horaz commented that is the diversity---- single homes
next to senior housing. Chairman Funkhouser said he works for a national homebuilder and the target is not all
small lots and there needs to be diversity in housing stock and lot size. Builders can't build just one product and
the market will drive the sales. Ms. Horaz says she worries about how we want Yorkville to be 20 years from
now. She likes the city as it is and when too many people are crowded in a small area, it can generate problems.
Ms. Noble said the cluster development is one of 6 residential districts the city offers.
Recreational Vehicle and Parking Discussion:
Ms. Horaz said only one recreational vehicle is allowed and it was noted that snowmobiles, recreational vehicles
and boats are defined differently. The committee discussed parking and Mr. Engberg said parking spaces were
kept the same and charts have been updated. The consultants had recommended smaller spaces to conserve land,
however, the city said there are many bigger vehicles so the larger size spots were kept. A compact car
dimension was incorporated as well, with a 9-foot standard width.
Sign Discussion:
The committee reviewed some components of signs. Ms. Horaz asked if electronic (wall/moving) signs are
allowed. Specific points were:
1. Consensus was no changeable copy on electronic message board signs.
2. Consensus that electronic signs should generally be on monument style sign and existing wall signs are
legal non-conforming.
3. If sign is there now, it's legal non-conforming, but no changeable copy allowed on electronic board.
4. If item not specifically stated, it's prohibited. There will still be a number of signs that are legal non-
conforming.
5. Maintenance only can be done, cannot expand or replace with new sign. If new sign, must be
monument.
6. Are there electronic window signs? Lottery and hours signs are exempt. “Open/Closed” cannot be
exempted since it's content based. UDO does not specifically say non-illuminated, but it can be added.
7. Electronic changeable signs are only allowed on monument signs and there are specific percentages
allowed on changeable copy.
The committee discussed the recent gas station sign that is 10 feet higher than allowed. Ms. Horaz commented
that a business should conform to the code. She noted that Shorewood has no more tall signs, suggesting a
future trend. Staff said the petitioner went through the process and the request was not based on hardship, but
rather visibility and also on land use and traffic speed. It was noted that variances are allowed and it is a state
process that the city cannot dictate.
Definition of “Family” Discussion:
Chairman Funkhouser stated he takes issue with removing and replacing the term “family” when describing
housing. Ms. Noble replied that if the term is put back in the code, it must be defined. She said the zoning use
regulates the land, not the user. For the record, Mr. Funkhouser asked to make this a discussion point regarding
the elimination or definition of the word “family”. Mr. Transier also commented that if you say “more than one
person” when referring to housing, how do you define “person”.
Comments from Dave Schultz:
Mr. Schultz said he will email comments on brightness/flashing signs, non-conforming vs. conforming and
illuminated signs. He has specific comments on the bank (FNB) ground-mounted sign at Rt. 34 and Cannonball.
Ms. Noble will have an inspector look at that sign. Mr. Funkhouser said he has a couple other locations he
would like to discuss too, in relation to Mr. Schultz's comments. There is an ordinance that defines how many
foot-candles you can have at property lines and the lighting from the signs doesn't seem to be taken in account.
He asked that this be addressed.
Mr. Schultz said the YMCA sign is very bright and uses colors that appear someone has been stopped by
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authorities. Mr. Engberg noted there is language in the UDO that addresses safety concerns with red/blue colors.
Rights-of-way, utilities, parkway trees and easements are also a concern, said Mr. Schultz. He suggested an
illustration of a typical section of roadway showing all these components. This also coincides with the
subdivision control ordinance as to locations of utilities. The committee discussed ComEd boxes and other
utilities possibly being located in the front rather than the back of lots in the future. The city has no control over
ComEd box and mailbox locations. It was noted that parkway width was kept at 7 feet in the UDO.
Summary:
Revisions will be made to the UDO draft and reviewed with the consultant before compiling another draft. One
more meeting will be needed to review. The next step will be discussion of the SmartCode. Ms. Noble said it
would be helpful if staff does a memo that reflects all the items suggested or recommended by the committee.
The memo and draft will be provided to the committee by the end of March to allow time to consider prior to the
next meeting. Chairman Funkhouser said it should be based on 7 sets of minutes and audio. The next meeting is
tentatively scheduled for April 6th. Ms. Horaz also asked if staff can notify the committee if they
administratively consider any 5% setbacks and if they are approved. That information will be provided in the
Administration weekly report since PZC members also receive that report.
4. Adjournment
There was no further business and the meeting adjourned at 8:02pm.
Minutes respectfully submitted by Marlys Young, Minute Taker
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SUMMARY:
This cover memo provides a summation of the attached revisions proposed for the Unified
Development Ordinance (UDO). It is staff’s intention that the review of this memo will provide a
full scope of the changes discussed and recommended by the Advisory Committee on a chapter-by-
chapter basis, without the need of a full re-reading of the UDO.
CHAPTER REVIEWS:
As the Advisory Committee moves towards the final review and recommendation of the Unified
Development Ordinance (UDO), there have been several rounds of material review conducted by staff
and the committee. The sections below give a brief description of the types of changes proposed to be
made to the City’s current ordinances. The bullet points in red are staff comments and may require further
discussion from the Advisory Committee:
CHAPTER 1. GENERAL PROVISIONS
Chapter Elements
Outlining the authority, applicability, intent, purpose, interpretation, and scope of regulations of the
Unified Development Ordinance (UDO).
Major Discussion Topics
• Title, including the adoption of the Zoning District map, now will be referred to as United City of
Yorkville Unified Development Ordinance.
• When other ordinances or regulations regarding use of land, buildings, or bulk of buildings
conflict, the more restrictive shall govern.
• When regulations of this title conflict with existing agreements (i.e., PUDs, Development
agreements, etc.) are more restrictive, the existing agreement shall govern.
Advisory Committee Comments
None
Consultant Revisions
Added “Severability” clause which states if any provision of this title is deemed invalid by a court of
competent jurisdiction, it shall not affect the application of the provisions to other buildings, structures or
parcel of land not included in the judgement.
Staff Comments
• Discussion by the Advisory Committee if the effective date of the Unified Development
Ordinance (UDO) is immediately upon adoption by the City Council or at a later date (e.g.,
January 1, 2024).
Memorandum
To: Unified Development Advisory Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: July 7, 2023
Subject: Unified Development Ordinance
Chapter Review of Proposed Revisions & Items for Discussion
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Chapter Elements
Complete list of definitions of the terms referenced throughout the Unified Development Ordinance
(UDO).
Major Discussion Topics
• Structures vs. building are now clearly defined (gazebo/pergola = structure, pool house or
detached garage = building)
• Artisan manufacturing is a new use.
• Auto sales & services was clearly defined to address sales occurring completely “enclosed” in a
building or structure (e.g., Carvana) or “open sales” on lots.
• Data Center definition added.
• Term “family home” has been replaced with “dwelling unit” throughout.
• Net Floor Area (Floor Area, Net) was added in reference to parking requirements.
• Professional Services and Offices definition was amended to remove language that required such
professional services to have a license.
• Animal Hospital and veterinarians are now defined separately.
• Tents are now defined as a temporary use.
• Vehicle Charging Stations are now defined.
• Public Storage facilities and temporary storage units at residences (e.g., PODs) are defined
separately.
• Density is now referred to as “Gross Density”.
• Group Home definition has been removed, as it is now considered the same as any other
residential use.
• Building Line was removed since setbacks are defined to identify the limits of where the primary
structure can be located in a parcel.
Advisory Committee Comments
October 13, 2022 meeting:
• Alderman Transier requested definitions that makes a distinction between a “grain elevator” and
“grain bin/silo”.
• Ms. Horaz inquired about the removal of the term “Buildable Area” which was defined as “the
space remaining on a building lot after the minimum yard requirements of this title have been
complied with”.
• Alderman Funkhouser asked why the term “Curb Level” was removed. Curb Level was defined
as “the level of the established curb in front of the building measured at the center of such front.
Where a building faces on more than one (1) street, the "curb level" shall be the average of the
levels of the curbs at the center of the front of each street. Where no curb elevation has been
established, the mean level of the land immediately adjacent to the building shall be considered
the "curb level".”
Consultant Revisions
• New definition for “grain elevator” specifies that “grain bin/silo” is included.
• “Buildable Area” has not added back to the definitions since the term is not used elsewhere in the
UDO and, similar to “Building Line” was removed since the setbacks establishes the parameters
of the building in a lot.
• “Curb Level” was not added back to the definitions since the term is not used elsewhere in the
UDO or the current version of the Zoning Ordinance.
CHAPTER 2. DEFINITIONS
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Staff Comments
• Staff is supportive of the changes made to Chapter 2. Definitions as presented.
CHAPTER 3. DISTRICT STANDARDS
Chapter Elements
Establishing Districts; Purpose of Districts; Bulk and Dimensional Standards; Permitted Obstructions; and
Permitted and Special Uses.
Major Discussion Topics
• Combining and streamlining similar zoning districts
• Creation of a new Zoning Map
• Modifying bulk regulations to eliminate non-conforming lots
• Adjustment of Permitted and Special Uses
• Create a new residential district, R-2A Single-Unit Moderate Density
District, for smaller lot sizes as opposed to drastically reducing R-2 lot
dimensions and requirements
• Permit front porches to go a little bit further into the required front yard
• Keep the M-1 and M-2 Districts separate as they have different intensities
• Massage establishments should be special uses
• Identified Accessory Dwelling Units (ADU) as permitted uses in certain residential districts and
Accessory Commercial Units (ACU) as special uses in certain residential districts.
• Replaced Floor Area Ratio (FAR) with Maximum Lot Coverage.
Advisory Committee Comments
April 21, 2020 meeting:
• Alderman Funkhouser inquired if the proposed new Zoning Map will be consistent with the
planned townhomes and existing single-unit homes within the Kendall Marketplace, which was
not present on the proposed draft of the Zoning Map.
• Alderman Funkhouser expressed concern with the proposed removal of maximum density
requirements and the sole reliance of lot size to regulate the concentration of development would
achieve the desired results in the community.
• Advisory Committee agreed to explore the possibility of smaller residential lot size with the
creation of a new district between the existing R-2 and R-3 zoning districts.
October 21, 2021 meeting:
• Advisory Committee recommended the new residential district have a minimum lot size of 8,000
square feet and a 60-foot lot width.
• Alderman Funkhouser again expressed concern with the proposed controlling density only by lot
size (square foot) requirements.
• Consensus was made by Advisory Committee to keep current multi-family per acre density and
minimum lot area for dwelling unit for attached style housing in the R-3 and R-4 zoning districts.
• Mr. Schultz requested language be added to the UDO’s Permitted Yard Obstructions regulations
that overland flow routes within side yards may not be obstructed by landscaping in these areas.
July 14, 2022 meeting
• Advisory Committee recommended a minimum lot size of 6,000 square feet and a lot width of 65
feet for the proposed R2-A zoning district, with a 10-foot side yard setback and 25-foot rear and
front yard setback.
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Consultant Revisions
• A revised Zoning Map will be provided at the final Advisory Committee meeting.
• Maximum Density regulations are proposed for the multi-unit residential land uses, R-3 and R-4
zoning districts.
• Landscaping has been added as a “permitted obstruction” in all required yards with a note that
landscaping within dedicated stormwater overflow routes may be limited or restricted, per the
approval of the City Engineer.
• R2-A district has been updated with a 6,000 square foot minimum lot size and 65-foot lot width.
Staff Comments
• Discussion regarding R2-A District based upon the comparison chart below:
Current Zoning
Density
Proposed UDO
Zoning Density
Nearby Communities Zoning
Density
R-1 18,000 sq.ft.
(2.42 du/ac.)
12,000 sq.ft. (3.63
du/ac.)
Avanterra Wolf Crossing (Oswego) 7.13 du/ac.
R-2 12,000 sq.ft.
(3 du/ac. max.)
10,000 sq.ft. (4.35
du/ac.)
Montgomery Crossing (Montgomery) ~6.2 du/ac.
R-2A N/A 6,000 sq.ft.
(7.26 du/ac.)
Blackberry Knoll (Oswego) ~5.8 du/ac.
R-2D 15,000 sq.ft.
(4.8 du/ac. max.)
15,000 sq.ft.
(4.8 du/ac.)
Oakhurst Subdivision (Aurora) ~5.4 du/ac.
R-3 9,000 sq.ft.
(5 du/ac. max.)
9,000 sq.ft.
(5 du/ac. max.)
Lakewood Springs (Plano) ~5.1 du/ac.
R-4 15,000 sq.ft.
(8 du/ac. max.)
15,000 sq.ft.
(8 du/ac. max.)
i. Avanterra Wolf Crossing rental development in Oswego has a density of 7.13 units/acre
(148 units on 20.76-acres).
ii. The proposed R-2A would permit 7.26 units per acre.
iii. There are no maximum densities proposed for the R-1, R-2, -2A and R-2D zoning
districts in the UDO.
iv. Current maximum density in R-3 district is 5 dwelling unit per acre.
CHAPTER 4. USE STANDARDS
Chapter Elements
Standards for agricultural, residential, commercial, vehicle, industrial, transportation, alternative energy,
cannabis, institutional, accessory, and temporary land uses.
Major Discussion Topics
• Residential appearance standards for duplex, townhome, and multi-dwelling units
• Regulations for accessory dwelling units which are currently unregulated
• Additional regulations in regard to solar and wind farms
• Remove standards for short-term rentals (Airbnb, VRBO)
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• For accessory dwelling unit locations – add an exception for corner lots with multiple driveways
• Allow private alleys for future development
• Instead of maximum townhome units, regulate the maximum length
Advisory Committee Comments
October 21, 2021:
• Advisory Committee consensus was to consider similar standards for garage placement for
duplexes and townhomes apply to single-unit detached residences.
• Consensus that “Use Standards” should encourage, but not require, diversity in housing types,
flexibility in design, bult-in incentives for higher quality materials and offer a menu of
alternatives.
July 14, 2022
• Concerns from Advisory Committee regarding Accessory Commercial Units and equipment
needed to operate.
Consultant Revisions
• No specific regulations were suggested for attached garage placement for single-unit detached
structures, but placement standards for detached garages for single-unit detached structures were
provided.
• Revised to prohibit ADU’s and ACU’s from having separate water meters, mailboxes, and trash
containers from the primary owner to address concerns of these units being utilized as rental
properties.
Staff Comments
• Committee should consider the following:
o Should detached ADU’s on corner lots be allowed to have a separate driveway access?
o Should attached ADU’s be allowed to have separate exterior entrances?
Chapter Elements
Off-street parking standards; landscaping and screening standards; fencing standards; and outdoor
lighting standards.
Major Discussion Topics
• Dimensions of parking stalls and a variety of angles and driveway widths
• Addition of compact parking and motorcycle parking standards
• Cross Access regulations
• Potential maximum requirements for parking
• Updated table of land uses with parking standards
• Pedestrian Circulation Standards
• Land Bank Parking standards
• Completely new and detailed landscape ordinance standards
Advisory Committee Comments
December 9, 2021 meeting:
• Advisory Committee debated on the percentage of parking spaces dedicated for compact vehicles
and recommended 7.5% of the spaces be set aside for compact vehicle parking.
• Building Foundation Landscape is recommended.
CHAPTER 5. DEVELOPMENT STANDARDS
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• Recommendation that landscaped parking islands be required for 10 or more parking spaces.
• Alderman Funkhouser recommended exact materials need to be specified for off-street parking
and driveway aprons need to be constructed of pervious hard surfaces, rather than approved by
the Public Works Director.
July 14, 2022 meeting:
• Ms. Horaz recommended ground covering be required as part of parking lot landscaping.
• Alderman Funkhouser recommended a “fee-in-lieu” for landscaping and parkway tree placement
as a funding mechanism for replacing trees throughout the City.
Consultant Revisions
• The percentage of compact vehicle parking spaces recommended for parking areas of more than
ten (10) spaces is 5%.
• Building foundation landscaping zone has been revised to five (5) square feet of landscaping area
per linear foot of building frontage facing the front and exterior side yards and shall be dispersed
along the building foundation as approved by the Zoning Administrator.
• Parking lot threshold for providing landscaped islands has been revised to ten (10) or more
contiguous spaces in a row.
• Specifications for exact materials for off-street parking was revised to comply with the City of
Yorkville’s Standard Specifications requirements which will be now codified as an appendix to
the UDO.
• The ground covering required for parking lot landscaping has been updated to state “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.”
• Fee-in-lieu options have been added for tree replacement and parking space requirements as
follows:
o Fee-In-Lieu of Off-Street Parking: An applicant may request to pay a fee-in-lieu of the
off-street parking required in this Section The City will allocate the fee to construct and
maintain public parking facilities.
All requests are subject to a maximum of 20% of the required parking and
requires City Council approval.
Cost estimate of an average parking space will be provided by the developer and
verified by the City Engineer.
Fee must be paid prior to issuance of building permit.
o Fee-In-Lieu of Tree Replacement Standards: A fee may be provided in lieu of
replacement of trees of preservation of existing trees. These fees will be based upon
wholesale pricing for a 2.5-to-3-inch tree. Money collected from the fee in lieu option
shall be deposited into a Tree Bank to be used towards tree replacement and plantings
throughout the City.
Staff Comments
• Committee should discuss as part of 10-5-3 Landscape regulations prohibiting new commercial
developments from using sod for water conservation best management practices.
CHAPTER 6. SIGN STANDARDS
Chapter Elements
Purpose of standards; Measurements, permitted signs, temporary sign standards, general sign standards,
prohibited signs, and maintenance standards
Major Discussion Topics
• Updating code to meet federal legal standards set by Reed v. Gilbert
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• Expand material list for monument signs
• Update temporary sign standards to permit larger banners for larger establishments
• Permit changeable copy signage as monument signs
Advisory Committee Comments
January 20, 2022:
• Alderman Funkhouser recommended that post and yard signs should be allowed in the B-2
(Downtown Overlay District).
• Advisory Committee recommended a 90-day time limit on banner signs and a possible maximum
on number of signs in the downtown.
• Committee input was to explore allowing both wall and projecting signs on businesses or just a
maximum of any 2 types of signs on primary side on a building.
o Alderman Funkhouser suggested 6 square feet for projecting signs is too small for the
downtown and should be increased to 15-20 square feet.
• Single Tenant Monument Signs
o Committee was okay with keeping a maximum area of 32 square feet for the base quality
sign.
o Mr. Schultz recommended that higher quality signs may not require landscaping, but base
quality signs should be required to have landscaping.
• Temporary Signs
o Advisory Committee recommended feather signs should be a maximum of 26 square feet.
o Multi-tenant buildings should be allowed one (1) flag per tenant and 25 feet apart on
primary frontage.
o Recommended criteria for “commercial post sign” and “residential post sign”.
o Committee asked for more review of “greeting signs” or temporary birthday signs on
residential properties to allow them but not overregulate them.
o Mr. Olson recommended cold air inflatables distance from electric line voltage should be
addressed.
• Electronic Message Boards
o Advisory Committee recommended 80% of the message board available for electronic
message.
o Discussion was not to allow electronic message board signs as wall mounted signs.
March 31, 2022:
• Advisory Committee recommended more flexibility in the landscaping requirements for sign
bases.
• Recommendation to not require permits for window signs and lower the maximum area for
window signs.
Consultant Revisions
• Post and Yard Signs are now allowed in the B-2 (Downtown Overlay) District.
• Banner signs have a maximum duration of 90 days per calendar year and one (1) wall mounted
banner sign per tenant for all signs or one (1) ground-mounted banner sign per frontage for single
tenant buildings.
• A projecting sign and 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.
o Projecting signs are permitted a maximum area of 16 square feet.
• Single Tenant Monument signs for base quality signs are 32 square feet and high-quality signs are
48 square feet.
• Temporary Signs
o Feather signs have a maximum of 26 square feet.
o Multi-tenant buildings are allowed one (1) flag per business, 25 feet apart.
8
o Nonresidential post sign area permitted a maximum area of 32 square feet and residential
post sign are permitted a maximum of 6 square feet.
o One (1) yard sign displayed for a period up to 72 hours shall be exempt.
o Regulations revised to state “cold air inflatables signs shall not be installed below or
interfere with any electrical conductors, phone conductors, CATV conductors, fire alarm
conductors or any other similar installations”.
• Electronic Message Boards are revised to allow 80% of the message board available for
electronic message and are not permitted as electronic message board signs as wall mounted
signs.
• Landscaping regulations for monument sign bases has been revised to require a minimum area of
0.5 square feet per square footage of the sign area (i.e., 32 square foot sign = 16 square feet of
sign base landscaping).
o Landscape areas shall be planted with one (1) shrub or native grass, per every 3 square
feet of required landscape area.
o Required shrubs and native grasses shall be approved by the Zoning Administrator as a
landscape plan.
Staff Comments
• Committee should discuss:
o Should murals be regulated as wall signs?
Chapter Elements
Off-street parking standards; landscaping and screening standards; fencing standards; and outdoor
lighting standards.
Major Discussion Topics
• Dimensions of parking stalls and a variety of angles and driveway widths
• Addition of compact parking and motorcycle parking standards
• Cross Access regulations
• Potential maximum requirements for parking
• Updated table of land uses with parking standards
• Pedestrian Circulation Standards
• Land Bank Parking standards
• Completely new and detailed landscape ordinance standards
Advisory Committee Comments
May 19, 2022 meeting:
• Lots
o Mr. Schultz stated that east/west access of roads and orientation of houses to the south to
encourage the utilization of solar power should be recommended, but not required.
o Alderman Funkhouser is opposed to extra deep double frontage lots.
• Streets
o Further discussion regarding on-street bike path lanes.
o Advisory Committee is opposed to 800 feet length maximum for blocks but are in favor
of mid-block connection points.
Possible incentives for longer block lengths.
o Advisory Committee recommended consideration of increasing right-of-way street width
from the current 66 feet to accommodate on-street bike facilities or on-street parking, but
asked staff and consultant to offer a range of pavement widths to address various street
amenity options such as medians.
CHAPTER 7. SUBDIVISION STANDARDS
9
• Easements
o Advisory Committee recommended keeping utility easements in the side and rear of the
property until mandated otherwise.
• Water, Sewer, and Stormwater
o Ms. Horaz expressed favor of bio-swales as a feature planted with tall grasses or natural
vegetation be utilized for stormwater management but recommended against locating
them within the in the front or parkway.
• Cluster Development
o Alderman Funkhouser recommended that wetland preservation and on-site detention
should not be given credit.
o Alderman Funkhouser suggested criteria should be added for maximum density.
• Anti-Monotony Standards
o Concurrence by Advisory Committee that more specifics are needed regarding roof
heights, colors, and products.
Consultant Revisions
• Lots
o Lot orientation has been revised to state “where appropriate, lot orientation along an east-
west longitudinal axis is recommended for increased energy efficiency for potential solar
panels.”
o Double Frontage Lots ae discouraged, but when necessary due to topography and limited
access, double frontage lots shall provide suitable screening with a transition yard or be
subdivided and utilized as an outlot.
• Streets:
o On-street bike path lanes
o Block length shall not exceed 1,320, but 800 feet or less block lengths are encouraged.
Bonuses for developments that have 25% of the blocks 800 feet or less includes a
reduction in landscape requirements by 15% or minimum lot size and width
reduced by 5%.
o Right-of-Way width has been tiered based upon street type depending on various
amenities offered such as sidewalks, shared use path, parkway, bicycle lane, on-street
parking and/or median.
Arterial 85 ft.
Collector 70 ft.
Local Nonresidential 80 ft.
Local Residential 66 ft.
o Easements are to be centered on the rear or side lot lines, unless otherwise approved by
the City Council.
• Water, Sewer, and Stormwater
o Bioswales are not listed as approved public stormwater drainage facilities.
• Cluster Development
o Wetlands has been removed as consideration for density bonus and maximum density
requirements have been added as follows:
Zoning District Maximum Density
R-1 3.63 dwelling units/acre
R-2 4.36 dwelling units/acre
R-2A 7.26 dwelling units/acre
R-2D 2.90 dwelling units/acre
10
• Anti-Monotony Standards
o Additional specifics have been provided related to roof pitch and slope, dimensions of
front wall, shape of front elevation silhouette, location of windows on front elevation’
location of garage doors and exterior cladding materials on front elevation, such as:
Depth of horizontal siding, brick facing, vertical siding, stone facing,
stucco/staccato board and trim and color change.
When material changes are made for purposes of anti-monotony standards the
change must occur throughout the front façade or elevation for a minimum of one
story in height.
Staff Comments
• Staff is supportive of the changes made to Chapter 7. Subdivision Standards as presented.
CHAPTER 8. UDO REVIEW AND APPROVAL PROCESS
Chapter Elements
Procedures, processes, and administrative authorities for special uses, planned unit developments,
variations, appeals, map and text amendments, and annexations.
Major Discussion Topics
• Administration Authorities
• Administration Review and Action
Advisory Committee Comments
August 18, 2022:
• Advisory Committee recommended giving Zoning Administrator authority to approve 5% or less
changes in setbacks or height variances.
• Recommendation by Advisory Committee to have a one (1) year expiration date for Special Use
approvals.
• Consensus from Advisory Committee to have the Planning and Zoning Commisssion (PZC)
make final decisions regarding Appeals to Zoning Administrator notify City Council for
informational purposes.
• Alderman Funkhouser requested flow charts be provided illustrating the steps in the approval
processes for the various requests.
Consultant Revisions
• Zoning Administrator’s authority to approve setback variances of 5% or less has been removed
due to no clear documentation of approval to record with the County. Details regarding minor
amendments for Special Uses, Subdivisions and PUDs has been given to the Zoning
Administrator which requires only City Council review and approval.
• Special Use approvals (of which PUDs are included) have been revised to the current three (3)
year expiration date based upon the many time factors that may exclude a development from
occurring.
• Flow charts of the approval steps have been added to the UDO.
Staff Comments
• Staff is supportive of the changes made to Chapter 8. UDO Review and Approval Procedures as
presented.
11
Chapter Elements
Regulations for the continuous, elimination and exemptions of nonconforming uses and structures.
Major Discussion Topics
None
Advisory Committee Comments
None
Consultant Revisions
• Relocation of current Nonconforming Buildings, Structures, and Uses standards to Chapter 9 of
the UDO.
Staff Comments
• Staff is supportive of Chapter 9. Nonconforming Buildings, Structures, and Uses as presented.
CHAPTER 9. NONCONFORMING BUILDINGS, STRUCTURES, AND USES
City of Yorkville Unified
Development
Ordinance
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City of Yorkville Table of Contents
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Table of Contents Page
Chapter 1. General Provisions 1
Chapter 2. Definitions 4
Chapter 3. District Standards 30
Chapter 4. Use Standards 47
Chapter 5. Development Standards 94
Chapter 6. Sign Standards 137
Chapter 7. Subdivision Standards 162
Chapter 8. UDO Review and Approval Procedures 182
Chapter 9. Nonconforming Buildings, Structures, and Uses 217
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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 Unified Development Ordinance.
Authority
A.This 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 Unified 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 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;
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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.
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Scope of Regulations
A.Changes in Structures or Use. Except as may otherwise be provided in Chapter 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 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 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.
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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 ....................................................................................................................................................................... 9
10-2-6. “F” Definitions ....................................................................................................................................................................... 9
10-2-7. “G” Definitions ..................................................................................................................................................................... 12
10-2-8. “H” Definitions .................................................................................................................................................................... 12
10-2-9. “I” Definitions ...................................................................................................................................................................... 13
10-2-10. “J” Definitions .................................................................................................................................................................... 13
10-2-11. “K” Definitions ................................................................................................................................................................... 13
10-2-12. “L” Definitions ................................................................................................................................................................... 13
10-2-13. “M” Definitions .................................................................................................................................................................. 14
10-2-14. “N” Definitions ................................................................................................................................................................... 16
10-2-15. “O” Definitions ................................................................................................................................................................... 16
10-2-16. “P” Definitions ................................................................................................................................................................... 16
10-2-17. "Q” Definitions .................................................................................................................................................................. 18
10-2-18. “R” Definitions ................................................................................................................................................................... 18
10-2-19. “S” Definitions ................................................................................................................................................................... 19
10-2-20. “T” Definitions ................................................................................................................................................................... 23
10-2-21. “U” Definitions ................................................................................................................................................................... 24
10-2-22. “V” Definitions ................................................................................................................................................................... 25
10-2-23. “W” Definitions .................................................................................................................................................................. 25
10-2-24. "X” Definitions ................................................................................................................................................................... 25
10-2-25. “Y” Definitions ................................................................................................................................................................... 25
10-2-26. “Z” Definitions ................................................................................................................................................................... 26
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
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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.
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 twenty-four (24) hours.
J. Adult Use: A striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or
distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video store in which
twenty-five (25) percent or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-
premises are sexually explicit material.
K. Aggregate Materials Extraction: A use involving on-site extraction of surface or subsurface mineral products or natural
resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining.
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.
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.
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.
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O. Alley: A private 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.
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.
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.
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.
U. Apiary: The place where one (1) or more bee colonies are kept.
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 incidental storage,
on-site retail sale, and distribution of the associated goods. Artisan manufacturing may include 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.
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.
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).
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).
Z. Attention-Getting Device: Any flag(s), streamer, spinner, pennant, light, balloon, continuous string of pennants, 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.
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.
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.
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.
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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.
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.
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.
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;
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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.
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.
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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.
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
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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.
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. Daycare Facility, Part-Day: Any facility licensed by the State Department of Children and Family Services (DCFS) and
which is conducted by a church, religious organization or social service agency in which individual children are provided
care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility which provides intermittent care
for up to ten (10) hours per seven (7) day week shall not provide such care for more than eight (8) hours in any given day
during the seven (7) day week. Any facility which provides intermittent care for up to ten (10) hours per seven (7) day week
shall provide at least one (1) caregiver per twenty (20) children, 225 ILCS 10/2.10.
D. 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.
E. Dead End Street: A street having only one (1) outlet.
F. 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.
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G. 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;
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.
H. District: A delineated section or part of the unincorporated portion of the City in which bulk, density, and use specific
standards established in Chapter 4 apply.
I. Domesticated Hens: All life stages of the subspecies of the species Gallus Domesticus which are kept in an enclosure in
the rear or side yard of a residentially zoned property as permitted and regulated in this title.
J. 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.
K. 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.
L. 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.
M. Dry Cleaning Establishment: An establishment or business maintained for the pickup and delivery of dry cleaning and/or
laundry without the maintenance or operation of any laundry or dry-clean-ing equipment or machinery on the premises.
N. 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.
O. 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.
P. 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.
Q. 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.
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R. 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.
S. 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.
T. 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.
U. 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.
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. FAA: The Federal Aviation Administration.
B. FCC: The Federal Communications Commission.
C. 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.
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D. 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.
E. 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.
F. Fence, Solid: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it.
G. Filtration Plant: A facility that works to filter and purify water by removing chemicals, hazardous materials, and toxic
matters from a water source.
H. 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.
I. Fire Station: A building used for the storage and maintenance of fire-fighting equipment.
J. Floodplain: See Title 8, Chapter 7 of this Code.
K. 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 (10) feet of structure height and if such structure measures less than ten (10) feet 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
uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the
walls.
L. 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.
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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 (10) feet 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
uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the
walls.
M. 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.
N. Forestation: The cultivation or keeping of existing mature trees as a principal use.
O. 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.
P. 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.
Q. 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.
R. 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.
S. Frequency: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
T. 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.
U. 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.
V. 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.
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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.
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 and Storage: A building designed to stockpile or store grain. Grain silos, which are vertical buildings,
typically circular, used for the storage of grain, as well as grain elevators, which are used to convey grain to the top of a silo
or storage building shall be included.
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. Height: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base pad and antenna structures.
D. Home Occupation: An accessory use of a residential dwelling unit which complies with the requirements of Section 10-4-
15(F) of this title.
E. 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
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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.
F. 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.
G. 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.
10-2-10. “J” Definitions
RESERVE
10-2-11. “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.
10-2-12. “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 (10) feet in width, twenty-five (25) feet in
length and fourteen (14) feet in height, 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.
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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.
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.
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.
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.
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.
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.
10-2-13. “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.
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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
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. Modular Construction: A structure not built on-site, but which is placed on a permanent foundation and meets building
code requirements.
K. 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.
L. 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.
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M. Motor Vehicle: A passenger automobile/vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical
power.
10-2-14. “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.
10-2-15. “O” Definitions
A. Odorous Matter: Any material that produces an olfactory response among human beings.
B. Office: A place, such as a building, room, or suite, in which services, clerical work, professional duties or the like are carried
out.
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.
10-2-16. “P” Definitions
A. Parapet: An architectural feature of a building where that portion of an exterior wall extends above the roof deck.
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B. Parcel: Shall refer broadly to a lot, tract, or any other piece of land.
C. Park: An area open to the general public and reserved for recreational, educational, or scenic purposes.
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.
E. Parking Space: Space within a public or private parking area designed in conformance with Section 10-5-1(E) 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.
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.
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.
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.
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.
J. Plan Council: The Plan Council of the City of Yorkville.
K. Planning and Zoning Commission: The Planning and Zoning Commission of the City of Yorkville.
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.
M. Plan, Final: The final engineering plan, map or drawing, plus all accompanying information required by this title.
N. Plan, Preliminary: The preliminary engineering plan, map, or drawing, plus all accompanying information required by this
title.
O. Plat: A subdivision as it is represented as a formal document by drawing and writing.
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: An area open to the public for recreational use primarily for children.
S. Police Station: Protection centers operated by a governmental agency, including administrative offices, storage of
equipment, temporary detention facilities, and the open or enclosed parking of patrol vehicles, excluding correctional
institutions.
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.
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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.
V.Post Office: A facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle
storage areas, and sorting and distribution facilities for mail.
W.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 Section 10-4-14(A)(2)(f), (A)(2)(h), and (A)(2)(r) of this
chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
X.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.
Y.Preschool: A school for children primarily between the ages of three (3) and five (5), providing preparation for elementary
school.
Z.Principal Use: The main use of land or buildings as distinguished from a subordinate or accessory use.
AA. 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.
BB. Public Open Space: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest
preserves, beaches, waterways, parkways and streets.
CC.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.
DD.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.
EE. Public Utility Facility (other): A public utility as defined in this UDO engaged activities other than electric substations or
distribution centers, gas regulation centers, and underground gas holder stations.
10-2-17. "Q” Definitions
RESERVE
10-2-18. “R” Definitions
A.Railroad Passenger Station: A facility for the boarding of passengers and related ticketing sales and offices.
B.Railroad Repair Shop, Maintenance Building, and Switching Yard: The use of land, buildings and structures for
equipment and supplies related to the repair of rail railroad facilities or an area used for the storing and switching of freight
and passenger rolling stock.
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.
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.
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.
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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.
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.
H. Recreational Vehicle, Trailer, and Boat Parking: A site intended for the semi-permanent parking of recreational vehicles,
trailers, or boats.
I. Refuse: All waste products resulting from human habitation, except sewage.
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.
K. Restaurant: An establishment whose food is available to the general public typically for consumption on the premises. The
term may include fast food restaurants in which food is available through drive-throughs as defined in this UDO, has a
limited menu of items consisting of prepackaged or quickly prepared items; where food is ordered and picked up at a
counter with no table service provided; where food is served in a limited dine-in area; or which is usually part of a chain or
franchise establishment. The term may also include fast casual dining with one or more of the following characteristics; a
limited menu items are made to order and are prepared only upon request; food is either ordered and picked up at a counter
or served at the patron's table in a limited dine in area; and is usually part of a chain or franchise establishment.
L. Residence: The act or condition of residing or dwelling in a place.
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. Riding Academies With Stables: An establishment including associated stables where horses are boarded and cared for,
and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
O. 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.
P. Riding Academy: An establishment where horses are boarded and cared for, and where instruction in riding, jumping, and
showing is offered, and where horses may be hired for riding.
Q. 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.
R. Roadway: That portion of a street which is used or intended to be used for the travel of motor vehicles.
10-2-19. “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 parts thereof,
or nontoxic waste material of any kind.
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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.
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 disposal 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.
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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.
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 10-6-3(B).
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.
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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.
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. 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.
NN. 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.
OO. 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.
PP. 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.
QQ. 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 (14)
feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.
RR. 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 (4½) feet 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.
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SS. 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.
TT. 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.
UU. 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.
VV. 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.
WW. 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.
XX. 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.
YY. 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.
ZZ. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway.
AAA. 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.
BBB. 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.
CCC. 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.
DDD. 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.
EEE. 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.
10-2-20. “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 10-8-3 (F)or a use which is associated with a holiday or special event, or which is accessory to a
permitted use and transitory in nature
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E. Temporary Use Permit. A permit for a Temporary Use designated in this UDO which is to be established for a fixed period
of time, with the intent to discontinue such use upon the expiration of that timeframe.
F. 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.
G. 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.
H. Theater, Motion Picture: A building used for the display of motion pictures for which attendees are charged an admission
fee to view.
I. Title: Reference to "title" herein shall be construed to be the Yorkville Unified Development Ordinance.
J. 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.
K. 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.
L. 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.
M. Tree Root Zone: Area of the ground around the base of the tree measured from the trunk to five (5) feet beyond the outer
base of the branching system.
N. Truck and Trailer Sales/Rental: Leasing or renting of trucks and trailers, including incidental parking and servicing of
vehicles for rent or lease.
O. 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.
P. Turnaround: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction.
10-2-21. “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.
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.
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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.
10-2-22. “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.
10-2-23. “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.
10-2-24. "X” Definitions
RESERVE
10-2-25. “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, Corner Side: A yard adjoining a street line which is bounded by the front lot line and rear lot line, and is opposite the
interior side yard.
C. 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.
D. Yard, Interior Side: A side yard which adjoins another lot or an alley separating such side yard from another lot.
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E. 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 Section 10-3-11 of this chapter.
F. 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.
G. 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.
10-2-26. “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.
C. Zoning Officer: The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including
the responsibilities defined in Section 10-8-1(B).
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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
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 Single-Unit Suburban 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; and
2. Ensure adequate light, air, privacy, and open space for residents; and
3. Provide for a variety of neighborhoods with a range of housing types with varying characters and patterns of
development; and
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; and
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; and
3. Create suitable environments for various types of business and manufacturing uses and protect them from the adverse
effects of incompatible uses; and
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 proximity to residential areas. The district is designed to provide
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 educational, service or limited commercial uses 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.
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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* 5 Min. Rear 5
A-1 - - -- - 100' 1 50' - 80' 3 30'
R-1 12,000 sq. ft. - -80' 50% 40' 15' (40') 50' 30'30'
R-2 10,000 sq. ft. - -70' 45% 25' 10' (30') 30' 30'30'
R-2A 6,000 sq. ft.- - 65' 45% 25' 10' (25') 25' 30'30'
R-2D 15,000 sq. ft. 9,000 sq.ft.-100' 50% 30' 10' (30') 30' 30'30'
R-3 9,000 sq. ft. 2 7,000 sq.ft. 5 dwelling
units/acre 2
70' (90' for
attached
units)
70% 30' 10' (20') 30' 80'30'
R-4 15,000 sq. ft. 2 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')4 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'-
Notes:
5. 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)(3), in which instance, the more stringent width required by the transition
yard shall apply.
Table 10-3-9(A) Bulk and Dimensional Standards
1. 200 feet along Illinois Routes 34, 47, 71 and 126.
3. 100 foot structure height shall be allowed for silos on sites with agricultural uses.
2. 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.
4. 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
nonarterial roadways.
Setbacks
Max.
Building
Height
Dwelling
Unit Max.
Height
Max. Lot
CoverageZoneMin. Lot Size
Min. Lot
Width
Min. Lot
Size per
DU (For
Single-Unit
Attached
Uses)
Maximum
Density
(For Multi-
Unit Uses)
* Dimensions within ( ) = requirement for side yards adjoining a street.
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B. Minimum building separations in the R-3 District shall be as detailed in Table 10-3-9(B) below.
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
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
Table 10-3-9(B) Building Separation Requirements in R-3
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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
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).
All Front Side Rear Regulation
Accessory Structures P P P P Shall maintain a minimum distance of 5 feet from
Arbors and trellises P P P P -
Awnings and canopies P P P P
Must adjoin a principal structure and may project
3 feet into required yard.
Balconies and breezeways - - - P May proejct 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
Landscaping obstructions within dedicated
stormwater overflow routes may be limited or
restricted, per the approval of the City Engineer.
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.
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 -
Temporary accessory structures P P P P -
Permanent Structures
Table 10-3-11 Permitted Yard Setback Obstructions
Temporary Structures
Permitted Obstruction Required Yards
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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 10-8-5 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 10-8-3(F) 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 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.
B. Table 10-3-12(B) Permitted and Special Uses establishes the allowed uses in the City’s zoning districts.
Table 10-3-12(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 10-4-1(A) 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 - - -
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DRAFT FOR REVIEW
Table 10-3-12(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
Dwelling, single-unit P - P P P P P P - - - - - -
Dwelling, townhouse 10-4-2(C) - - - - - - P P - - - - - -
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 S
Building material sales - - - - - - - - - P P P P -
Liquor store - - - - - - - - P P P - - -
Pawnbrokers/pawnsho
ps - - - - - - - - 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 - - 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/cremato
rium - - - - - - - - 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 - -
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Table 10-3-12(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
Massage
establishment 3-9 - - - - - - - - S S S - - -
Casino and Off track betting (OTB)
establishments - - - - - - - - - S S - - -
Professional
services/offices - - - - - - - - P P P - - -
Public storage facilities 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 -
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 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/Distiller
y tasting room - - - - - - - - P P P P P -
Brewpub 10-4-7(A) - - - - - - - - P P P P P -
Microbrewery 10-4-7(B)(1) - - - - - - - - P P P P P -
Microdistillery/Microwin
ery
10-4-
7(B)(2) - - - - - - - - P P P P P -
Prepared Food Service
Establishment - - - - - - - - P P P - - -
Restaurant - - - - - - - - P P P - - -
Tavern - nightclub or
lounge - - - - - - - - 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
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Table 10-3-12(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
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 10-4-9(B) - S - - - - - - S S S P P P
Car wash - - - - - - - - - - P P P -
Gasoline service
station - - - - - - - - - S S S S -
Heavy machinery and
equipment rental - - - - - - - - - S P P P -
Recreational vehicle
sales and service 10-4-9(A) - - - - - - - - - - P P P -
Semi-truck repair - - - - - - - - - - S P P -
Truck and trailer
sales/rental 10-4-9(A) - - - - - - - - - - S P P -
Truck, truck-tractor,
truck trailer, car trailer
or bus storage yard -
not include motor
freight terminal - - - - - - - - - - S 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 S - -
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
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DRAFT FOR REVIEW
Table 10-3-12(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
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
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 -
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DRAFT FOR REVIEW
Table 10-3-12(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
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
Antennae and
Antennae Structures
(other)
P P P P P P P P P P P P P P
Antennae and
Antennae Structures
(For Radio or
Television
Transmission)
S S S S S S S S S S S S S S
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
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
Preschool - - P P P P P P - - - - - -
Public utility - electric
substations and
distribution centers, gas
regulation centers and
underground gas holder
stations S S - - - - - - - - - P P P
Public utility facilities (other) S - P P P P P P - - - P P P
Radio and television towers - commercial 10-4-14(A) P - - - - - - - P P P P P S
Sanitary landfill S - - - - - - - - - - S S S
School, public or
private - - P P P P P P - - - S S P
Sewage treatment
plant - - S S S S S S - - - P P P
Solid waste disposal
site - - - - - - - - S S S P P P
Towers P - - - - - - - P P 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 Building 10-4-15(A) P P P P P P P P P P P P P P
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Table 10-3-12(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
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
Antennae and
Antennae Structures (other) 10-4-14(A) P P P P P P P P P P P P P P
Antennae and
Antennae Structures
(For Radio or
Television
Transmission) 10-4-14(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
Daycare Facility, Part-
Day - - P P P P P - P P P P P P
Domesticated Hens 8-19 - - P P - - - - - - - - - -
Drive Throughs 10-4-15(D) - - - - - - - - P P P - - -
Dwelling, accessory 10-4-15(E) P - P P P P P - - - - - - -
Recreational vehicle,
trailer, and boat parking 10-4-2(F) P P P P P P P - - - - - - -
Home occupations 10-4-15(G) P - P P P P P P - P - - - -
Outdoor displays 10-4-15(H) P P - - - - - - P P P P P -
Towers 10-4-14(A) P - P P - - - - P P P P P -
Vehicle Charging Stations P P P P P P 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 .................................................................................................................................................... 9
Transportation Use Standards ............................................................................................................................................ 9
Alternative Energy Use Standards ................................................................................................................................... 10
Medical and Adult Use Cannabis Use Standards ............................................................................................................. 21
Institutional, Public, and Utility Use Standards ................................................................................................................. 23
Accessory Use Standards ................................................................................................................................................ 32
Temporary Use Standards ............................................................................................................................................... 40
Agricultural Use Standards
A.Apiary. Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of
Ordinances.
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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 10-5-1(H) 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.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.
(1)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.
(2)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 perimeter or internal street, unless otherwise allowed
in subsection (5) 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) 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 10-5-1(H) 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 3.3. Townhouse Dwelling Standards
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D. Mobile Home Park.
1. The minimum site size shall be ten (10) acres.
Lodging Use Standards
A. Short-Term Rental. Short-term rentals shall be subject to the hotel tax provisions established in Title 3, Chapter 1, Section
3-2-7 of the City of Yorkville Code of Ordinances.
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 Chapter 11 Section 3-11-5 of the City of Yorkville Code of
Ordinances) 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.
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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.
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 10-8-5.
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.
2.Outdoor facilities shall be enclosed by an opaque fence or wall a minimum six (6) feet in height.
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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.
4. A maximum of one (1) residential unit shall be permitted as a special use, 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-
5-3(C).
Transportation Use Standards
RESERVE
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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.
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.
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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 10-5-3(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 less than four (4) square feet and 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.
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.
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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 one-hundred and twenty (120) percent of 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..
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 4.5 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.
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 less than four (4) square feet and 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.
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 one-hundred and twenty (120) percent of 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 4.8 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 less than four (4) square feet and 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.
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 4.9 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 4.10 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.
(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. The signs shall be less than four (4) square feet and
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.
Figure 4.10. Freestanding Wind Energy System - Principal Use Standards
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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.
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.
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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.
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.
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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
A.Telecommunication Tower and Antennae.
1.Applicability.
a.New Towers and Antennas. All new towers or antennas in Yorkville shall be subject to these regulations, except
as provided in subsections B through E of this section inclusive.
b.Amateur Radio Station Operator/Receive Only Antennas. This chapter shall not govern any tower, or the
installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna
shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet.
c.Preexisting Towers or Antennas. Existing towers and existing antennas which predated this chapter, shall not
be required to meet the requirements of this chapter other than the requirements of Sections 10-4-14(A)(2)(f),
(A)(2)(h), and (A)(2)(r) of this chapter. All preexisting towers and antennas shall be subject to the tower and
antenna administrative fee.
d.AM Array. For purposes of implementing this chapter, AM array, consisting of one (1) or more tower units and
supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1)
tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the
towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by
right.
e.Within Public Right-of-Way: If the tower and/or antenna is situated within the public right-of-way, such tower
and/or antenna must meet the requirements of title 7, chapter 8, "Construction of Utility Facilities in Rights-of-
Way", of this Code.
2.General Requirements.
a.Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A
different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or
tower on such lot.
b.Lot Size. For purposes of determining whether the installation of a tower or antenna complies with Yorkville's
development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other
such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lot.
c.Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning
Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either
within the jurisdiction of Yorkville or within one (1) mile of the border thereof, including specific information about
the location, height, and design of each tower. The Zoning Officer may share such information with other
applicants applying for administrative approvals or special use permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by
sharing such information, in any way representing or warranting that such sites are available or suitable.
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d.Aesthetics. Towers and antennas shall meet the following requirements:
(1)Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be
painted a neutral color so as to reduce visual obtrusiveness.
(2)At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding
buildings.
(3)If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of
the supporting structure so as to make the antenna and related equipment as visually unobtrusive as
possible.
e.Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If
lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the
surrounding views.
f.State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the
FCC and any other agency of the state or federal government with the authority to regulate towers and antennas.
If such standards and regulations are changed, then the owners of the towers and antennas governed by this
chapter shall bring such towers and antennas into compliance with such revised standards and regulations within
six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
g.Building Codes/Safety Standards. Any owner or operator of an antenna, antenna structure or tower shall
maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and
applicable state or local building codes and the applicable standards for towers that are published by the national
electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to
time. If, upon inspection, the City of Yorkville concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the
tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to
bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute
grounds for the removal of the antenna, antenna structure or tower at the owner's expense.
h.Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated
and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries.
i.Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to
this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
j.Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an
administratively approved use or special use shall require public notice and individual notice by the City of
Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250) feet
of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of
"abutting" nor in calculating the two hundred fifty (250) feet.
k.Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.
l.Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall
comply with the requirements of Section 10-4-14(A)(4)(k) of this chapter.
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m.Multiple Antenna/Tower Plan. The City of Yorkville encourages all plans for towers and antenna sites to be
submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of
multiple sites shall be given priority in the review process.
n.Antenna on Existing Structures. Any antenna may be approved by the City of Yorkville as an accessory use to
any commercial, industrial, professional, institutional, or multi-unit structure of eight (8) or more dwelling units,
provided:
(1)The antenna does not extend more than thirty (30) feet above the highest point of the structure;
(2)The antenna complies with all applicable FCC and FAA regulations; and
(3)The antenna complies with all applicable building codes and safety standards as referenced in subsection g
of this section.
o.Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the
zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the
construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1)Additional Antenna. A tower which is modified or reconstructed to accommodate the collocation of an
additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows
reconstruction as a monopole.
(2)Height.
(a)An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the
tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate
the collocation of an additional antenna.
(b)The height change referred to in subsection (O)(2)(a) of this section may only occur one (1) time per
communication tower.
(c)The additional height referred to in subsection (O)(2)(a) of this section shall not require an additional
distance separation. The tower's premodification height shall be used to calculate such distance
separations.
(3)On-Site Location.
(a)A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved
on-site within fifty (50) feet of its existing location.
(b)After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
(c)A relocated on-site tower shall continue to be measured from the original tower location for purposes of
calculating separation distances between towers. The relocation of a tower hereunder shall in no way be
deemed to cause a violation of this chapter.
(d)The on-site relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands as established in this zoning ordinance shall only be permitted when approved
by the Zoning Officer.
(4)New Towers in Nonresidential Zoning Districts. An applicant may locate any new tower as provided in
Table 10-3-12(B), provided that: a) a licensed professional engineer certifies the tower can structurally
accommodate the number of shared users proposed by the applicant; b) the Zoning Officer concludes the
tower is in conformity with the goals set forth in this subsection o and the requirements of this subsection; c)
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the tower meets the setback and separation requirements Section 10-4-14(A)(4)(e) of this chapter; and d) the
tower meets the following height and usage criteria:
(a) For a single user, up to and including one hundred twenty (120) feet in height;
(b) For two (2) users, up to one hundred fifty (150) feet in height; and
(c) For three (3) or more users, up to and including one hundred eighty (180) feet in height.
p. Roadway Access. All sites on which antennas, antenna structures and towers are located must have a passable
roadway access of compacted macadam base not less than seven (7) inches thick surfaced with not less than two
(2) inches of asphaltic concrete or some comparable dustless material.
q. Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be
surrounded by an opaque screen which is no less than six (6) feet in height and equipped with an appropriate
anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes
shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its
discretion in appropriate cases.
r. Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the
proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the
character of the surrounding area and environment, and be constructed in such a manner where the health or
safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna
structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna
structure or tower is to be erected on a golf course or other public recreational area.
s. Annual Administrative Fee and Certifications.
(1) The annual administration fee payable to the City of Yorkville by any owner and/or operator of an antenna,
antenna structure, or tower shall be the sum of thirty-five (35) dollars which shall be due on or before January
10th of each calendar year commencing with calendar year 2001.
(2) In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or
related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the
event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is
required annually to be filed with the City under the terms of this subsection, the owner and/or operator shall
reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said
inspection which shall be a minimum of three hundred fifty (350) dollars and any additional cost incurred
therein.
(3) The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it
deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower.
(a) Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the
radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of
such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure,
or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this Code,
plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
(b) Waiver of Provisions. An applicant can request a waiver of any provision of this chapter upon the
showing of appropriate justification and benefit to the public. Such request shall be treated as a request
for a variance and the appropriate procedures thereto shall apply.
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3. Permitted Uses.
a. General. The following uses listed in this section are deemed to be permitted uses and shall not require a special
use permit.
b. Uses. Antennas, antenna structures and towers are permitted as an accessory use as provided in Table 10-3-
12(B) except that part of any zoning district which is located in a floodplain, so long as said antennas or towers
conform to the following and all other requirements of this title:
(1) Antennas and towers may be located on property owned, leased, or otherwise controlled by Yorkville,
particularly and expressly including Yorkville's water tower sites, and City Hall and police station-sites,
provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville.
(2) Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running
southwest and northeast through Yorkville, subject to Section (A)(2)(a) through (s).
4. Special Uses and Accessory Uses.
a. General Provisions.
(1) Radio and telecommunications and towers used for radio transmission, or television transmission when
allowed as a Special Use shall be subject to the special use provisions contained within Section 10-8-5 of
this title and applications for special use permits shall be subject to the procedures and requirements of this
title, except as modified in this chapter.
(2) In granting a special use permit, the Plan Commission may impose conditions to the extent the Plan
Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
(3) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical,
shall be certified by a licensed professional engineer.
(4) An applicant for a special use permit shall submit the information described in this section and a
nonrefundable fee as established by resolution of the City Council of Yorkville to reimburse Yorkville for the
cost of reviewing the application.
(5) Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the
requirements of this chapter in the following zoning districts and for the following uses.
(a) R-1, Single-Unit Suburban Residence: For commercial/trade school, place of worship/assembly, golf
course, or public utility facilities only;
(b) R-2, Single-Unit Traditional Residence: For commercial/trade school, place of worship/assembly, golf
course, or public utility facilities.
b. Information Required. In addition to any information required for applications for special use permits referenced
above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and
tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and
other documentation signed and sealed by appropriate licensed professionals, showing the location, type and
dimensions of all improvements, including information concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses,
adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance
for this chapter. In addition, the following information shall be supplied:
(1) Legal description of the parent track and leased parcel (if applicable);
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(2)The setback distance between the proposed structure and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned property;
(3)The separation distance from other structures in the inventory of existing sites submitted pursuant to Section
10-4-14(A)(2)(c) shall be shown on an updated site plan or map and the applicant shall also identify the type
of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known;
(4)A landscape plan showing specific landscape materials; the method of fencing and finish color and, if
applicable, the method of camouflage and illumination;
(a)A description of compliance with Sections 10-4-14 (A)(2)(c)(e)(f)(g)(h)(i)(m) of this chapter and all
applicable federal, state or local laws;
(b)A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users;
(c)Identification of the entities providing the backhaul network for the structure(s) described in the
application and other cellular sites owned or operated by the applicant in Yorkville;
(d)A description of the suitability of the use of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services to be provided through the use of the
proposed new tower; and
(e)A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing
physical, engineering, technological or geographical limitations in the event the proposed tower is
erected.
(5)An applicant shall be notified within thirty (30) days if the application is incomplete. The City shall make a
decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150)
days of the receipt of a completed application.
c.Factors Considered in Granting Special Use Permits: The City of Yorkville shall consider the following factors
in determining whether to issue a special use permit above and beyond those factors referenced in Section 10-8-5
of this title. The City of Yorkville may waive or reduce the burden on the petitioner of one (1) or more of these
criteria if Yorkville concludes that the goals of this chapter are better served thereby.
(1)Height of the proposed antenna, antenna structure or tower;
(2)Proximity of the antenna, antenna structure or tower to residential structures and residential district
boundaries;
(3)Nature of uses on adjacent and nearby properties;
(4)Surrounding topography;
(5)Surrounding tree coverage and foliage;
(6)Design of the antenna, antenna structure or tower, with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness;
(7)Proposed ingress and egress.
d.Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial
height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna
structure or tower, the arm shall not exceed a length of twelve (12) linear feet.
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e.Setbacks and Separation.
(1)Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the
antenna, antenna structure, or tower from any off-site, residential structure. Antenna structures, guylines, and
equipment shelters must satisfy the minimum setback requirements for the governing zoning district.
(2)Separation. The following separation requirements shall apply to all towers and antennas for which a special
use permit is required; provided, however, that the Plan Commission may reduce the standard separation
requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback
would effectively prohibit said tower:
(a)Separation From Off-Site Uses/Designated Area.
(i)Tower separation shall be measured from the base of the tower to the lot line of the off-site uses
and/or designated areas as specified in Table 10-4-14(A)(4)(e)(2) of this section.
(ii)Separation requirements for towers shall comply with the minimum standards established in Table
10-4-14(A)(4)(e)(2) of this section.
(3)Separation Distances Between Towers. Separation distances between towers shall be applicable for and
measured between the proposed tower and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing tower and the proposed base,
pursuant to a site plan, of the proposed tower. The separation distances shall be as shown in Table 10-4-
14(A)(4)(e)(3) of this section.
Off-Site Use/Designated Area Separation Distance
Single-unit or duplex principal use 500 feet
Vacant single-unit or duplex use on residentially zoned land which is either
platted or has preliminary subdivision plan approval which is not expired 500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use
property without a valid preliminary subdivision plan or valid development plan
approval and any multi-unit residentially zoned land
500 feet
Existing multi-unit residential 100 feet or 100 percent of the tower
height, whichever is greater
Nonresidentially zoned land or nonresidential uses None
The Fox River or any watercourse 500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)500 feet from the right-of-way
Table 10-4-14 (A)(4)(e)(2): Separation Requirements
Lattice Guyed
Monopole (Taller
Than 75 Feet)
Monopole (Shorter
Than 75 Feet)
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole (Taller than 75 feet)500 1,500 250 250
Monopole (Shorter than 75 feet)250 1,250 250 250
Existing Tower Type
Separation Distance (feet)
Table 10-4-14 (A)(4)(e)(3): Existing Tower Separation Requirements
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f.Siting on Wetland Prohibited. No antenna, antenna structure, or tower shall be located in an area which has
been designated as a wetland either by the City of Yorkville, Kendall County, the State of Illinois Department of
Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers,
and any and all governmental bodies and agencies having jurisdiction.
g.FCC Signage. To the extent that signage is required by the FCC on an antenna structure, or tower, that signage
shall constitute no more than five (5) percent of the square footage of the antenna, antenna structure, or tower or
shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
h.Preservation of Landscape. Existing mature tree growth and natural landforms on the proposed antenna,
antenna structure, or tower site shall be preserved to the maximum extent possible.
i.Utilities and Access Required. Radio and telecommunications antennas, antenna structures, and towers,
including, but not limited to, those used for small wireless services, small wireless facilities, and unlicensed
wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the
servicing of the antenna, antenna structure or tower. All such utilities shall be buried.
j.Signal Interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with
police, fire, public works or any other governmental radio band signals. In the case of the possibility of such
interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the
petition for special use shall be denied.
k.Equipment Shelter and Equipment Cabinets. A provider of a radio, television, or telecommunications antenna,
antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or
tower. The square footage of the equipment shelter may not exceed more than twenty (20) percent of the total
square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet,
whichever is greater. At any antenna, antenna structure, or tower site in which more than one (1) antenna has
been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be
contained under one (1) roof if at all practicably possible. No equipment shelter shall be approved as part of the
site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the
equipment shelter site.
l.Equipment Cabinets.
(1)In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the
cabinet or structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area
and the cabinet/structure is located a minimum of six (6) feet from all lot lines. The cabinet/structure shall be
screened by hedging or shrubbery with an ultimate height of at least forty-two (42) inches to forty-eight (48)
inches and a planted height of at least thirty-six (36) inches.
(2)In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64)
square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an
ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances,
structures or cabinets shall be screened from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an
ultimate height of eight feet (8') and a planted height of thirty-six (36) inches.
(3)In business and manufacturing districts the equipment cabinet or structure shall be no greater than six (6)
feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by a
hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36)
inches. In all other instances, structures or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height
or a hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
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m. Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the
National Electrical Code, NFPA 70 and International Building Code; Radio, Television Towers Codes currently in
effect as required by Yorkville and all applicable marking and lighting standards as established by the Federal
Aviation Administration.
n. Removal of Abandoned Antennas, Antenna Structures, or Towers. Any antenna, antenna structure, or tower
that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not
paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna
structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville
notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said
ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file
a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or
more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all
users cease using the antenna, antenna structure, or tower.
o. Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna,
antenna structure or tower, the Zoning Board may by express condition require that the applicant shall allow, on a
commercially reasonable basis, other providers of small wireless telecommunications services to collocate
additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed small
wireless facility, where collocation is technologically feasible.
7. Nonconforming Uses.
a. Prohibited Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in
accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
b. Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine
maintenance (including replacement with a new tower of like construction and height) shall be permitted on such
preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the
requirements of this chapter.
c. Rebuilding Damaged or Destroyed Nonconforming Antennas, Antenna Structures or Towers.
Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna
structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained
administrative approval or a special use permit and without having to meet the separation requirements specified
elsewhere in this chapter. The type, height, and location of the tower on-site shall be of the same type and
intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable
building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or
destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be
deemed abandoned as specified in Section 10-4-14 (A)(4)(n) of this chapter.
8. Annual Reporting of Information. Each owner of an antenna, antenna structure, or tower regulated under this
chapter, and including those previously existing structures which would have been regulated under this chapter, shall,
on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of
this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to
abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or
willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to
abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice
from the City of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure
would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary
information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to
have retroactive effect.
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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 accessory 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 permanent accessory building or structure shall be located within a public utility easement or within a
designated stormwater overflow route.
e.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
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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(A) 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 Standards - 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(A).
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 ACU shall use the same mailbox, water meter, and trash containers as the principal use. The use of additional
mailboxes, water meters, or trash containers by the secondary dwelling unit separate from the principal use shall be
prohibited.
8. 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. Domestic Hens. The keeping of domestic hens shall be subject to the provisions of Title 8, Chapter 19 of the City of
Yorkville Code of Ordinances.
D. Drive Throughs.
1. Drive throughs shall be permitted a maximum of four (4) menu boards per lane.
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 10-6-5(B).
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. 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.
6. 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.
7. Drive through facilities shall be provided with a bypass lane with a minimum width of twelve (12) feet unless an
alternative means of exit is approved by the City Engineer.
8. 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 10-
4-15 (D).
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E. Dwelling, Accessory.
1. One (1) accessory dwelling unit shall be permitted on a lot. The accessory dwelling shall only be allowed on a lot on
which the sole principal use is a single-unit dwelling.
2. Detached accessory dwelling units shall not exceed nine hundred (900) square feet or ten (10) percent of size of the
lot, whichever is less.
3. Attached accessory 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 accessory dwelling unit shall be in addition to the parking space(s) required for the primary dwelling
unit. The parking for the accessory 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. The accessory dwelling shall use the same mailbox, water meter, and trash containers as the principal dwelling unit.
The use of additional mailboxes, water meters, and trash containers by the accessory dwelling unit separate from the
principal dwelling unit shall be prohibited.
9. Accessory 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.
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
Table 10-4-15(D) Drive Through Stacking Requirements
as determined by the Zoning Officer
1. Four (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.
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Figure 4.13. Accessory Dwelling Unit Standards
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F.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 10-5-2(B)(4) if constructed in a front or side yard 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, in addition to any automobiles permitted by the Zoning Ordinance.
4.Location. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following:
a.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,
b.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
c.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.
G.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 9 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.
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(H), of this title;
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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. Teaching of musical instruments and dancing shall be conducted only in a single-unit detached dwellings; 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 Section 10-8-5 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;
c. Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
d. Manufacturing business;
e. Medical clinic or hospital;
f. Animal hospital or kennel (animal grooming services are permitted);
g. Restaurant;
h. Mortuary and funeral parlors; and
i. Commercial automobile repair;
j. Any activity that produces noxious matter or employs or produces flammable matter.
H. 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
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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(H)(5) 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 10-8-3(F).
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 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.
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 the City of Yorkville Municipal 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.
g. No amplified music or loudspeakers shall be permitted.
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h.Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply
with the standards of Section 10-5-7.
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 (70) 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.
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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:
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 Zoning
Administrator 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.
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c. Permit.
(1) Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-4-16(E)
of this title.
(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 Zoning Administrator 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 Zoning Administrator 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
Zoning Administrator.
(e) Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the
building along both frontages.
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(f) For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion
of the Zoning Administrator in locations where unusual circumstances exist or where public safety would
be jeopardized.
(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 Zoning Administrator 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 Zoning
Administrator 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.
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(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.
(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, streetlights,
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.
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(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
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 Zoning Administrator 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) Temporary signage such as menu boards or easels may be permitted in parklet cafes.
(11) No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the
parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
(12) No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator
or designee as part of a special event.
(13) Parklet cafes shall meet the vision clearance requirements of Section 10-5-6 of this title.
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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 ................................................................................................................................................................. 42
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 Table 10-5-1(H)(5). 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 a Variation as detailed in
Section 10-8-9. 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.
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.
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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 Variation as detailed in Section 10-8-9.
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.
D. Requirements For All Parking.
1. Drive aisles shall be required in the parking areas that have five (5) or more spaces.
2. All required parking lots, by this Code, shall comply with the accessibility requirements of the State of Illinois
Accessibility Code and the ADA.
E. 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(E)(1) and as
generally illustrated in Figure 5.1.
A B C D E F
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(E)(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(E)(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.
A B C D E F
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(E)(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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F. 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
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.
G. 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.
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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.
H.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)(5) 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 10-2-6(L) of this ordinance.
5.Unlisted Uses. In the case of uses not listed in Table 10-5-1(H)(5) Minimum Parking Requirements, the number of
spaces for a similar use, as determined by the Zoning Administrator, shall apply.
Table 10-5-1(H)(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
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
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
Auction house
Bank
Commercial laboratory
Commercial/trade school
Daycare facility
Dry cleaning establishment
Entertainment production studio
Financial institutions and services
Funeral home/mortuary/crematorium
Health and fitness club/center
Indoor shooting gallery/range
Kennel, commercial or private dog kennels
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
Massage establishment
Off track betting (OTB) establishments
Professional services/offices 2/1,000 sq ft 1/1,000 sq ft
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 sq ft 2/1,000 sq ft
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 sq ft 2/1,000 sq ft
Brewpub
Microbrewery, microdistillery, and microwinery
Prepared Food Service Establishment
Restaurant
Tavern - nightclub or lounge
Medical Uses
Hospital
1/300 sq ft 1/300 sq ft
Medical clinic / office
Treatment center
Vehicle Related Uses
Automobile parts/accessories sales
1/1,000 sq ft 0.5/1,000 sq ft Automobile rental
Automobile repair 1/200 sq ft 1/200 sq ft
Automobile sales enclosed and service/open sales lot
1/1,000 sq ft 0.5/1,000 sq ft Boat sales and rental
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
Boat storage
Car wash 1/car wash bay 1/car wash bay
Gasoline service station
1/gas pump and 1/300 sq ft
accessory retail space
1/gas pump and 1/300 sq ft
accessory retail space
Heavy machinery and equipment rental
1/1,000 sq ft 1.5/1,000 sq ft Recreational vehicle sales and service
Semi-truck repair 1/service bay 1/service bay
Truck and trailer sales/rental 1/1,000 sq ft 0.5/1,000 sq ft
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 sq ft 0.3/1,000 sq ft
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
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
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
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
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 sq ft 0.3/1,000 sq ft 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
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
Post office
3/1,000 sq ft 3/1,000 sq ft Preschool
Public utility - electric substations and distribution centers, gas
regulation centers and underground gas holder stations
As determined by parking
demand study (1)
As determined by parking
demand study (1)
Public utility facilities (other)
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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I. Fee-In-Lieu of Off-Street Parking. An applicant may request to pay a fee-in-lieu of the off-street parking required in this
Section. The City will allocate the fee to construct and maintain public parking facilities.
1. All requests for a fee-in-lieu of off-street parking shall be subject to approval by the City Council. A maximum of twenty
(20) percent of the off-street parking required in this subsection may be substituted for the provision of a fee-in-lieu of
parking.
2. The developer shall provide the average cost of an off-street parking space as provided per the City of Yorkville’s
adopted ordinances and as verified by the City Engineer.
3. An approved payment in lieu of providing parking shall be paid prior to issuance of a building permit.
J. Reserved Parking Spaces.
1. Curb-Side Pickup.
a. A maximum of five (5) percent of required parking spaces specified in Table 10-5-1(H)(5) 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 Administrator.
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 Administrator.
c. The Zoning Administrator may reduce the minimum number of parking spots required by one-half (0.5) space per
parking spot reserved for ride share pick up and drop off.
K. Electric Vehicle Charging Stations. Any parking structure, parking area serving a multiunit 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.
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L. Allowed Reductions to Required Parking. Table 10-5-1(L) 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(L) Allowed Reductions to Required Parking
On-Street Parking
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M. 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 subsections (a) and (b) 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 the
subsections below 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.
N. 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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O. 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.
P. 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 recommend to the City Council land banking of up to twenty-
five (25) percent of the required parking spaces through the Variation process, as defined in Section 10-8-9 of this
ordinance.
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 by the Planning and Zoning Commission with final approval by the City Council. The
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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.
Q. 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(F)(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.
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.
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Figure 5.3. Off-Street Loading Spaces
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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 10-5-5 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. Multi-unit 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.
E. Vehicle Stacking For Drive Throughs. Vehicle stacking spaces for drive through uses shall be provided as specified in
Section 10-4-15(D).
Figure 5.7. Multi-unit and Nonresidential Driveway Standards
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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 (DBH typically 4.5 feet
above ground). 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 5.9 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 they deem necessary allow
adequate construction and use of the site.
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 landscape zone at front and exterior side yards.
Five (5) square feet of landscape area shall be provided per linear foot of building frontage facing the front and exterior
side yards and shall be dispersed along the building foundation as approved by the Zoning Administrator.
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 or clusters of individual plants in a manner that enhances the site’s
appearance as proposed by the developer and deemed appropriate 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
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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 finished groundcover
including mulch or stonework.
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 ten (10)
continuous spaces apart.
Figure 5.12. Off-Street Parking Area Interior Landscape Zone in Front or Side of 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 - Double Bay Parking
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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 ten (10) 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 - Double Bay Parking
7. Pedestrian Circulation Systems. Pedestrian circulation systems, as required in the interior of off-street parking areas
in Section 10-5-1(N) 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)(2), 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)(2), 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/a C B B A A A A A B C
Service/Medical/Office n/a C B B A A A A A B C
Lodging n/a C B B A A A A A B C
Eating/Drinking n/a C B B A A A A A B C
Entertainment n/a C C n/a n/a n/a n/a n/a n/a n/a n/a
Vehicle Related n/a D D B A A A A A B C
Industrial/Transportation n/a D D D D D D D D D D
Table 10-5-3(F)(2) 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)(3). 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)(3) 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 Survey Requirements. Every tree survey for any new development shall include the following:
a. Location, species (botanic and common name), and diameter at breast height (DBH) of all trees four (4) inches
DBH or larger.
b. Survey must clearly identify which trees are proposed to be removed and which are proposed to be preserved.
c. A summary data table indicating total number of trees removed and trees to be replaced shall be provided on the
survey.
3. Tree Replacement Standards.
a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule:
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)(3)(a) Tree Replacement Approved For Removal
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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 (2½) 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.
4. 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.
5. Fee in lieu. A fee may be provided in lieu of the replacement of trees or preservation of existing trees as established in
the City of Yorkville’s adopted ordinances. These fees will be based upon wholesale pricing for a two and a half (2 ½)
to three (3) inch tree. Money collected from the fee in lieu option shall be deposited into a Tree Bank Fund to be used
towards tree replacement and plantings throughout the City.
6. Tree Preservation Plan. Development on all parcels four (4) 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.
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)(3)(b) Tree Replacement Identified For Preservation
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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.Access drives shall be constructed of materials and to a thickness which accommodates truck loading.
9.Enclosures shall be of an adequate size to accommodate expected containers.
10.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.
11.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 Unit Screening Standards
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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 below 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. The Zoning Administrator has the right to
approve similar materials not listed 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 chain-link (rear and side yard only on properties in nonresidential districts).
i. Galvanized chain-link (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.
2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited.
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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(D) 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(D) 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
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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 multiunit and nonresidential uses only.
B.Exceptions. Temporary holiday lighting 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, ornamental, or holiday lighting.
Lighting fixtures for parking lots shall utilize a light-emitting diode (LED) fixtures.
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 as specified in 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.
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(E) Outdoor Lighting Height Standards
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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 extinguish
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.
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Chapter 6. Sign Standards
Purpose and Scope .............................................................................................................................................................. 1
Limit on Sign Area ................................................................................................................................................................ 3
Sign Measurement ............................................................................................................................................................... 4
Permitted Sign Types ........................................................................................................................................................... 5
General Sign Standards ....................................................................................................................................................... 6
Permanent Sign Standards .................................................................................................................................................. 7
Temporary Sign Standards ................................................................................................................................................. 16
Comprehensive Sign Plan .................................................................................................................................................. 23
Prohibited Signs and Content ............................................................................................................................................. 24
Safety, Maintenance, and Abandonment ......................................................................................................................... 24
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 Area. 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 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 area shall not include any supporting framework, bracing, decorative fence, or wall when such
fence or wall otherwise meets this Title’s 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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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 Title and only after the issuance of a Sign Permit as detailed in Section 10-8-3(E).
2. Allowed Sign Types. Sign types marked as “A” in the table shall be allowed subject to all applicable regulations of this
Title 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. Exempt Signs. Any sign located on private property less than two (2) square foot in area and mounted on a structure
shall be exempt from the standards of this Chapter.
6. 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 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.
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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 10-5-7. 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:
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.
1. Sign Area.
a. Signs Attached To a Wall With a Public Entrance or Facing a Public Right-of-Way. The maximum sign area
shall be two (2) square feet for every one (1) linear foot of the exterior wall to which it is affixed. The sign shall not
to exceed seventy-five (75) percent of the width of the exterior wall to which it is attached.
b. Signs Attached to Any Other Wall. The maximum sign area shall be one (1) square foot for every one (1) linear
foot of the exterior wall to which it is affixed. The sign shall not exceed fifty (50) percent of the width of the exterior
wall to which it is attached.
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. 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 eight (8) feet.
b. 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. Any sign which projects more than twelve (12) inches from the wall will be defined
as a projecting sign as regulated in Section 10-6-6(D).
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:
(1) In keeping with the overall design and architecture of the building,
(2) A minimum of ten (10) feet from the primary wall sign and other secondary wall signs,
(3) A maximum of fifty (50) percent of the size of the primary wall sign,
(4) Accessory to the building’s primary wall sign, and
(5) The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as
established in Section 10-6-6(A)(1).
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 Sign Standards
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B. Monument Signs.
1. General Monument Sign Standards
a. Sign Materials. The following classes of sign materials shall be utilized in the determination of allowed sign area
and sign height as detailed in Sections 10-6-3(A) and 10-6-3(B).
(1) 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.
(2) High Quality Materials.
(a) Masonry,
(b) Natural stone,
(c) Steel/wrought iron, or
(d) Other as determined by the Zoning Administrator.
b. Landscape.
(1) All monument signs shall be required to plant and maintain a landscape area at the base of the sign.
(2) The minimum area of the landscape area shall be equal to half (1/2) of the square footage of the sign area of
the associated sign.
(3) Landscape areas shall be planted with one (1) shrub or native grass, per every three (3) square feet of
required landscape area.
(4) Required shrubs and native grasses shall be approved by the Zoning Administrator as a landscape plan.
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2.Single-Tenant Monument Signs.
a.Sign Dimensions.
(1)Base Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing base quality sign
materials shall meet the following dimensional standards.
(a)Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
(b)Sign Height. The maximum sign height of single-tenant monument signs shall not exceed eight (8) feet.
(2)High Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing high quality sign
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 10-5-6.
(1)Residential Districts: Ten (10) feet
(2)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 10-6-6(B)(1)(d) at the base of the sign.
Figure 6.6. Single-Tenant Monument Sign Standards
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3. Multi-Tenant Monument Signs.
a. Sign Dimensions.
(1) Base Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing base quality sign
materials shall meet the following dimensional standards.
(a) Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
(b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed ten (10) feet.
(2) High Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing high quality sign
materials shall meet the following dimensional standards.
(a) Sign Area. The maximum sign area shall not exceed sixty-four (64) square feet.
(b) 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.
c. Location. Multi-tenant monument signs shall be located a minimum of five (5) feet from all property lines and
rights-of-way, 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 10-5-6.
d. Landscape Requirement. All multi-tenant monument signs shall be required to plant and maintain a landscape
area meeting the requirements of Section 10-6-6(B)(1)(d) 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.
Figure 6.7. Multi-Tenant Monument Sign Standards
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C. Awning/Canopy Signs.
1. Sign Area. The maximum sign 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 10-6-6(A)(1).
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 6.8. Awning/Canopy Sign Standards
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D. Projecting Signs.
1. Sign Area. The maximum permitted sign copy area of projecting signs shall be sixteen (16) 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 6.9. Projecting Sign Standards
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E. Window Signs.
1. Sign Area. The maximum permitted sign area of a window sign shall be fifty (50) percent of the square footage of the
individual window on which the sign shall be located.
Figure 6.10. Window Sign Standards
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F. On-Site Traffic Directional Signs.
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 6.11. 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 10-6-7(D).
B. Wall Mounted Banner Signs.
1. Sign Area.
a. The maximum sign 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 6.12. Wall-Mounted Banner Sign Standards
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C. Ground Mounted Banner Signs.
1. Sign Area. The maximum sign 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 10-5-6.
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 6.13. Ground-Mounted Banner Sign Standards
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D. Feather Sign.
1. Sign 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. 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.
b. For multi-tenant buildings, only one (1) feather sign is permitted per business.
4. Location.
a. 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 10-5-6.
b. For multi-tenant buildings, feather signs must be twenty-five (25) feet from any other feather sign.
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 6.14. Feather Sign Standards
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E. A-Frame/Sandwich Board Signs.
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 For Parcels within the Downtown Overlay District.
a. A-frame/sandwich board signs shall be on-premises signs only, with the exception of B-2 zoned parcels.
b. The property owner of B-2 zoned parcels may locate an A-Frame/Sandwich Board sign off premise within the
public right-of-way within the Downtown Overlay District. The owner shall be required to provide a release or hold
harmless to the City prior to the display of any such 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 6.15. A-Frame/Sandwich Board Sign Standards
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F. Post Signs.
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 thirty-two (32)
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 10-5-6.
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 6.16. Post Sign Standards
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G. Yard Signs.
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 other 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 10-5-6.
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.
c. One (1) yard sign displayed for a period of up to seventy-two (72) hours shall be exempt from the requirements for
this section.
Figure 6.17. 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 interfere with 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 6.18. Cold Air Inflatable Sign Standards
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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.
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 Title. 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 Title.
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.
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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 Title constructed, erected, or maintained in violation of the provisions of this title, he or she shall give written
notice per the provisions of this Title. Such notice shall specify the manner in which the sign is unsafe or in violation of this
Title.
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 Title.
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Chapter 7. Subdivision Standards
Intent and Purpose ............................................................................................................................................................... 1
Lots ....................................................................................................................................................................................... 2
Street Design and Improvements ......................................................................................................................................... 3
Circulation and Connectivity ............................................................................................................................................... 14
Easements .......................................................................................................................................................................... 14
Water, Sewer, and Stormwater .......................................................................................................................................... 15
Cluster Development .......................................................................................................................................................... 16
Anti-Monotony Standards ................................................................................................................................................... 17
Park and Recreation Land and School Site Dedication...................................................................................................... 19
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
Subdivision as detailed in Section 10-8-6.
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. Orientation. Where appropriate, lot orientation along an east-west longitudinal axis is recommended for increased energy
efficiency for potential solar panels.
D. 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)(3).
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)(3).
3. Double frontage lots may be subdivided and utilize a separate lot or outlot where the rear property line fronts an
adjoining roadway for required transition yards.
E. 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 adhere to the City’s standard specifications and 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. Blocks shall not exceed one thousand three hundred twenty (1,320) feet in length. Blocks eight hundred
(800) feet or less are encouraged. In any residential subdivision in which twenty-five (25) percent of the blocks
have a length of eight-hundred (800) feet or less, the developer may qualify for one (1) of the following bonuses:
(1) Fifteen (15) percent of the total landscaping required within parkways as specified in Section 10-7-3(B)(4)(c)
shall be exempt throughout the entire subdivision. The location of required parkway landscaping exempted
shall not detract from the appearance of the development overall and shall be subject to Zoning
Administrator approval.
(2) The minimum lot size and width of the governing zoning district as specified in Section 10-3-9(A) may be
reduced for the entire subdivision by up to five (5) percent.
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 at right angles. Proposed intersections at angles of less than eighty (80)
degrees shall not be acceptable. Proposed intersections at less than ninety (90) degrees shall be approved only
when the proposed layout enhances the subdivision’s overall layout and circulation pattern or is required due to
natural constraints on the site as determined by the Zoning Administrator.
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. Islands. Islands in the center of cul-de-sacs with a minimum radius of fifteen (15) feet shall be required. Islands
shall use mountable curbing only that allows vehicular access to the islands. Islands may be planted with
vegetation, however, such vegetation shall not exceed four (4) feet at maturity to allow for vision clearance across
the cul-de-sac’s diameter.
c. Adequate Turn-Around Required. Cul-de-sac streets shall terminate in a circular paved area allowing for
vehicular turn around and having a minimum radius of:
(1) Fifty (50) feet from the center of the island to the outside curb.
(2) Sixty (60) feet the center of the island to the edge of right-of-way.
Figure 7.4. Cul-De-Sac Standards
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d. Pedestrian and Bicycle Connection Required.
(1) The developer shall provide pedestrian and bicyclist access along a public easement located between lots of
record when the center point of the cul-de-sac is within three-hundred-fifty (350) feet of a street or another
cul-de-sac.
(2) The public easement must be a minimum of twenty (20) feet wide.
(3) The public easement must include a lighted multi-use path with a minimum width of ten (10) feet that is
constructed of a permanent surface approved by the Zoning Administrator in consultation with the City
Engineer and connects the cul-de-sac with the neighboring cul-de-sac or street.
(4) Maintenance of the easement shall be designated in the final plat of subdivision.
Figure 7.5. Pedestrian and Bicycle Connections For Cul-De-Sac Standards
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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:
(1) 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.
(2) The street by its general configuration, in relationship to the existing development of the area, serves any
collector function.
(3) The street extends into an undeveloped area in such a manner as to serve any future collector function.
(4) 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. Street Trees. 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.
(1) Substitution on Private Property Allowed. Up to twenty-five (25) percent of the street trees required in
Section 10-7-3 (B)(4)(c) may be planted on private property within the subdivision provided the following are
met.
(a) The trees located on private property shall be located within the same subdivision as the parkway trees
they will be substituted for.
(b) The trees shall be located within the required front yard on each subject lot.
(c) The trees provided on private property shall be provided in addition to any landscaping required per
Section 10-5-3.
(d) The trees provided on private property shall meet the planting specifications of Section 10-5-3(A) above.
(e) The substitution of street trees on private property shall enhance the visual quality of the neighborhood
and achieve the same visual effects as trees planted in parkways as proposed by the developer and
approved by the Zoning Administrator.
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:
(1) Width: Eight (8) feet.
(2) Length: Twenty-three (23) feet.
c. On-street parking spaces shall be delineated with striping with a minimum width of four (4) inches. For all types of
local streets, the striping of the on-street parking spaces may be provided but shall only be required when no
curbing is provided.
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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.
Landscaped elements shall be maintained privately by a homeowners association or another organization
associated with the development in which they are located.
C.Street Design Requirements.
1.Right of-Way Widths. The minimum right-of-way widths of proposed streets shall be as detailed in Table 10-7-3(C)(1).
2.Paving Widths. The minimum paving widths from curb face shall be as detailed in Table 10-7-3(C)(2).
3.Required Street Design Elements. Required street design elements shall be as established per street type in Table
10-7-3(C)(3).
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 Minimum Right-of-Way Widths (Feet)
Arterial 85
Collector 70
Local Nonresidential 80
Local Residential 66
Table 10-7-3(C)(1): Minimum Right-of-Way Widths
Type of Street Minimum Paving Width (Feet)
Arterial 51
Collector 41
Local Nonresidential 39
Local Residential 30
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 7.6. Arterial Design Standards
Figure 7.7. Collector Street With Bicycle Lane and Median Standards
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Figure 7.8. Collector Street With On-Street Parking Standards
Figure 7.9. Local Nonresidential Street With Bicycle Lane and Median Standards
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Figure 7.10. Local Nonresidential Street With Bicycle Lane and Median Design Standards
Figure 7.11. 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.
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 City Council 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.
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.
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D.Transition Area Easements. Transition zone 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 a 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 10-7-7(B).
C.Maximum Dimensional Standards Reduction. The dimensional standards established in Table 10-3-9(A) 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.Native landscapes,
2.Mature tree stands,
3.Prime farmland,
4.Critical habitat, and/or
5.Other as approved by the Zoning Administrator.
Table 10-7-7(B): Maximum Density per Acre
Zoning District Maximum Density
R-1 3.63 dwelling units/acre
R-2 4.36 dwelling units/acre
R-2A 7.26 dwelling units/acre
R-2D 2.90 dwelling units/acre
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Figure 7.12. Cluster Development
Anti-Monotony Standards
A.Building Variety Standards.
1.No new single-unit detached or duplex dwelling units shall be similar in appearance to any other single-unit 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-unit 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) or more of the following characteristics:
1.Roof type (gable, hip, mansard, gambrel, flat, or combination);
2.Similar roof pitch at an angle of ten (10) degrees or less;
3.Dimensions (height and/or length) of the front wall closest to the front lot line that are within twenty (20) percent the
same as either the height or width shall constitute similarity;
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. The following differences in construction material
shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar.
a. Four (4) inch exposure horizontal siding;
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b. Eight (8) inch exposure horizontal siding;
c.Brick facing;
d.Vertical siding;
e.Stone facing; and
f.Stucco/staccato board and trim.
g.When materials are changed, the change must occur throughout the front facade or elevation for a minimum of
one story in height.
h.Color change shall be made by significant changes in adjacent colors. The change must be one of color rather
than merely of the shade.
Figure 7.13. 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 10-7-9(A)(1), or as may be required by City Council at its discretion.
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 10-7-9(B)(1) and the minimum number of acres for a school site of each school classification defined in Table
10-7-9(B)(1). 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.
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
City’s adopted ordinances. 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.
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
Table 10-7-9(A)(1): Parkland 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
Table 10-7-9(B)(1): School Dedication Requirements
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D.Estimated Population Per Dwelling Unit. Table 10-7-9(D) 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.
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
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
Table 10-7-9(D): Estimated Population Per Dwelling Unit
Dwelling Duplex, Dwelling, Townhome
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Chapter 8. UDO Review and Approval Procedures
10-8-1. Administrative Authorities ..................................................................................................................................................... 1
10-8-2. General Application Requirements ....................................................................................................................................... 4
10-8-3. Permits, Certificates, and Administrative Review ................................................................................................................. 5
10-8-4. Board/Commission General Review and Action Procedures ............................................................................................. 10
10-8-5. Special Uses ....................................................................................................................................................................... 11
10-8-6. Subdivision Procedures ...................................................................................................................................................... 15
10-8-7. Required Improvements. .................................................................................................................................................... 20
10-8-8. Planned Unit Development ................................................................................................................................................. 23
10-8-9. Variations ............................................................................................................................................................................ 28
10-8-10. Appeals............................................................................................................................................................................. 30
10-8-11. Text Amendments ............................................................................................................................................................ 31
10-8-12. Map Amendments ............................................................................................................................................................ 32
10-8-13. Annexations ...................................................................................................................................................................... 34
10-8-14. Economic Incentive/Development Agreement .................................................................................................................. 35
10-8-1. 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 Title, 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 Title.
3.Receive applications for County mile and one-half reviews and forward to 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 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 this Title, including, but not limited to, all maps, amendments,
variations, appeals, and publications thereof.
7.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.
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8. Identify all nonconforming structures and uses.
9. Delegate other duties as may be placed upon them by this Title.
B. Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including
the following responsibilities:
1. Issue all certificates of use and occupancy 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 and 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. Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning
and Zoning Commission and City Council.
C. Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer,
Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire
District representative, or designee from each respective department. 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. The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council.
3. Review all development applications, requests, and documents including but not limited to site plans, concept plans,
annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and
final plats for compliance with City ordinances, standards, and policies.
4. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific
site problems, in accordance with City ordinances, standards and policies.
5. Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and
Planning and Zoning Commission prior to holding of a public hearing on the application.
D. Economic Development Committee. The Economic Development Committee consists of four (4) City Council members
which are appointed by the mayor and shall have the following authorities and responsibilities:
1. Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all
documents including but not limited to text amendments, map amendments, planned unit developments, variations,
special uses, and plat applications.
2. Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational
knowledge and to address any potential issues with an application with regards to City ordinances, standards, and
policies.
E. Planning and Zoning Commission. The Planning and Zoning Commission, which has been created and appointed by the
mayor, shall have the following authorities and responsibilities.
1. To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text
amendments, map amendments, planned unit developments, variations, special uses, and plat 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.
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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 Title and appeals of decisions made by the Zoning
Administrator or Zoning officer.
6. 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.
7. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
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10-8-2. General Application Requirements
A. Authorization.
1. An application for any request or 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 request or 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 forms provided by the City and sufficient
to determine whether the application will conform to the requirements set forth in this Title.
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:
(1) The applicant has been notified of such deficiencies and has not responded or provided a timeline for
completing the application within ninety (90) days from the time of notification.
(2) The applicant has not responded in writing to a request for information or documentation from staff or the
initial Planning and Zoning Commission review within six (6) months from the date of that request.
(3) 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 provided in Section 1-7-9 of the Yorkville Municipal Code.
2. No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, 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 the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing.
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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 decide 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.
10-8-3. Permits, Certificates, and Administrative Review
A. Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval
Procedures and identifies the administrator that serves as the review and decision-making body.
B. 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. 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 without a building permit.
2. Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of
construction, reconstruction, enlargement, or moving.
3. Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any
building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the
provisions of this Title.
4. Requirements.
a. Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan
and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on
the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together
with such other information as may be necessary to the enforcement of this title.
b. PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or
address of the parcel where the improvement is being located.
c. Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville
Municipal Code.
Administrative Review Procedure Zoning Administrator Zoning Officer
Building Permit ○●
Certificate of Occupancy ○●
Lot Split ●
Sign Permit ○●
Temporary Use Permit ●○
Table 10-8-3(A): Summary of Administrative Review and Approval Procedures
Key:
● = Review and Decision Making Body
○ = Review Body
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5.Review Process.
a.A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an
appointed designee of their choosing.
b.The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in
compliance with this Title and all other adopted municipal regulations.
c.Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for
any development meeting one of the following criteria.
(1)New development, including the construction or placement of any new building(s) or expansion of any
existing building.
(2)Any development which will increase the overall impervious lot coverage of a parcel.
(3)Any development subject to off-street parking and loading requirements.
d. The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and
provide the applicant(s) with a fee receipt.
e.In the case that an application is not in compliance with this Title or the application provided insufficient
information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an
approval detailing the reason(s) for the refusal.
6.Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a
building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6)
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 two (2) weeks prior to the respective deadline.
C.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.
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.Review Process.
a.A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator.
b.The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title
and all other adopted municipal regulations.
c.Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten
(10)business days after a written request for the same has been submitted to the Zoning Officer.
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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 an additional six (6) months, 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.
D. Lot Splits.
1. Applicability. A lot split is a subdivision which meets any one (1) if the following conditions.
a. The split of a single lot into 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 filed Final 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 Split Review Criteria.
a. Comprehensive Plan Alignment. The Lot 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. Compliance. The Lot Split is consistent with the provisions of this Title 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
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 Subdivision shall
follow the procedure in Section 10-8-6.
E. 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 Title 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 Title.
3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer
shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City
ordinances are met.
4. Review Process.
a. A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator.
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b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the
Building Code, and all other adopted municipal regulations.
c. Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit
application in writing.
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.
F. 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 Title 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. 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
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requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may
include, but shall not be limited to:
(1)Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other
operational characteristics.
(2)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.Review Process.
a.A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed
designee of their choosing.
b.The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the
Building Code, and all other adopted municipal regulations.
c.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 (F)(2) above.
Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in
writing.
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10-8-4. Board/Commission General Review and Action Procedures
A.Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) 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 10-8-4 (B)(1) 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
Economic
Development
Committee
Planning and
Zoning
Commission City Council
Special Use A A R1 D
Subdivision A A R D
Planned Unit Development A A R1 D
Variation A A R1 D
Appeal D
Text Amendment A R1 D
Map Amendment A A R1 D
Annexations A A D*
Economic Incentive/Development Agreement A2 A D
2 = Optional Review Step at the Zoning Administrator's discretion
Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
R = Recommending Body
Key:
D = Decision Making Body
1 = Public Notice Required
A = Advisory Body
Petition Review Procedure Published Notice Mailed Notice
Special Use ●●
Special Use Major Amendment ●●
Planned Unit Development ●●
Planned Unit Development Major Amendment ●●
Variation ●●
Map Amendment ●●
Text Amendment ●
Annexations ●●
Economic Incentive/Development Agreement
Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
● = Required Notice Method
Key:
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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 special use, variation,
subdivision, consolidation, amendment, or Planned Unit Development or otherwise required by state statutes, shall be
completed by the City Clerk 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.
10-8-5. 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.Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1.Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its
findings and recommendations.
a.A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation from
the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.Economic Development Committee. The Economic Development Committee shall review the application and report
to the Planning and Zoning Commission its findings and recommendations.
3.Planning and Zoning Commission. 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.
4.City Council. 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.
5.Recordation. Any approved Special Use shall be recorded with the City Clerk.
C.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 (⅔) 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.
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D.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.
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.
E.Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning 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.
F.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 (⅔) 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.
G.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 three (3) years 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.
H.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 10-8-5(H)(2) 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
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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 10-8-5(H)(2).
4.Approval Process.
a.Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special
Use approval set in Section 10-8-5(B).
b.Minor Amendments.
(1)Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
(2)City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the
application meets the applicable review criteria. Based on the review, the City Council shall approve or deny
the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all
the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
(3)Recordation. The minor amendment shall be recorded with the City Clerk.
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Figure 8.1. Special Use Procedure
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10-8-6. 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
Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, 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 Final Plat 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.Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district.
C.Subdivisions.
1.Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels.
2.Easements. When a 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.Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat.
a.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.
b.The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title.
5.Final Plan. The petitioner or landowner may submit directly for a final plat.
6.Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements.
a.Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or
larger, on a nonfading, stable, Mylar material.
b.Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered
consecutively and shall contain a notation giving the total number of sheets in the document and shall show the
relation of that sheet to the other sheets.
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c. Information.
(1) Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter
section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in
digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois
State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System.
(2) Monuments. All monuments erected, corners, and other points established in the field in their proper places.
The material of which monuments, corners, or other points are made shall be noted as the representation
thereof, or by legend, except lot corners need not be shown.
(3) Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds,
meander lines, and easements, unless they parallel a noted boundary.
(4) Widths. The exact width of all easements, streets, and alleys.
(5) Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot.
(6) Setback Lines. Building setback lines on all lots.
(7) Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks.
(8) Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than
ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only
the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the
tangent and the main chord of the curve. When between curves of different radii, the angle between the main
chords shall be shown.
(9) Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a
dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and
length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on
the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of
thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent
to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent
distances from the points of curvature to a point of intersection of the straight lines.
(10) Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not
duplicate the name of any other street, unless it is an extension thereof.
(11) Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by
dotted lines. The width, names, and recording document numbers of these streets and highways and plats
shall also be given.
(12) Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing
easements, shall be clearly marked and recording document numbers shown on the plat.
(13) Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to
subdivision.
(14) Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or
stream, the plat shall show the area over which the access is provided to the lake or stream, together with a
small-scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the
location of the area over which access is provided.
(15) Survey Monuments. The description and location of all survey monuments placed in the subdivision shall
be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four
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vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches
square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument
shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of
two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four
(24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of
streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there
is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets
and alleys are accepted for public maintenance.
(16) Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in
the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected.
(17) Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as
applicable:
(a) Surveyor.
(b) Owner.
(c) Notary.
(d) City Administrator.
(e) Township Highway Commissioner, if applicable.
(f) County Supervisor of Highways, if applicable.
(g) Illinois Department of Transportation, if applicable.
(h) City Clerk.
(i) City Planning and Zoning Commission, Chairman.
(j) City Council Certificate.
(k) County Clerk.
(l) County Recorder.
(m) City Engineer.
7. Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
a. Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its
findings and recommendations.
(1) A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted
by the petitioner at their own expense and at a location of their choosing may be required as a
recommendation from the Plan Council prior to the Planning and Zoning Commission meeting.
b. Economic Development Committee. The Economic Development Committee shall review the Final Plan and
report to the Planning and Zoning Commission its findings and recommendations.
c. Planning and Zoning Commission. After reviewing the Final Plat, 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.
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d. City Council. 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. Any final plat
shall be approved by the City Council by ordinance.
e. Recording of Final Plat. The Final Plat shall be recorded by ordinance 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. All necessary fees owed to the City shall satisfied in relation to the project and any required security
posted prior to the recordation of the final plat is also required.
D. 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
10-8-6(D)(2) 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 10-8-6(D)(2).
4. Approval Process.
a. Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section
10-8-6(C)(7).
b. Minor Amendments. A minor amendment to an approved Subdivision shall be reviewed as follows.
(1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
(2) City Council Review. The minor amendment 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 minor amendment. Any minor amendment shall be approved by the City Council by ordinance.
(3) Recordation. An approved minor amendment shall be recorded by ordinance 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
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control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project
and any required security posted prior to the recordation of the final plat is also required.
Figure 8.2. Subdivision Procedure
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10-8-7. 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 may construct and install the required subdivision improvements prior to filing
the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public
improvements. 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 10-8-7(E) of this chapter, the subdivider shall post
with the City prior to recordation of the Final Plat, 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 prior to the recording of the final plat. 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.Filing. Not more than ten (10) months after Final 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.
5.Construction and Inspection.
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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 and the City's standard specifications for improvements.
b.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.
c. 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.
d.Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-
way at any time, without exception.
e.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. Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of
all community improvements.
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.
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10-8-8. 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 a Special Use.
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.
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 10-8-8(D).
4.All approved site development allowances shall be delineated in the ordinance approving the Planned Unit
Development as a Special Use as it applies to the subject property.
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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 one (1) 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, employment of an alternative energy system
or solution, 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 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. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level
access from the street and/or zero entry thresholds.
6. 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.
7. Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and
design characteristics intended to accommodate the lifestyles and needs of senior citizens.
8. 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.
9. Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning
or operation of the Yorkville Community Unit School District or another public school district.
10. Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality
amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in
addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit
Development and has a direct relationship to the other main buildings and uses on-site.
11. Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of
roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-
Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity.
12. Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement
identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional
entity.
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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. The standards of review in this Section shall be considered in addition to the standards for Special
Use Permits as specified in Section 10-8-5. 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.
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.
F. Procedure.
1. 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.
a. A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned
Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be
required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing
date.
2. Economic Development Committee. The Economic Development Committee shall review the Planned Unit
Development and report to the Planning and Zoning Commission its findings and recommendations.
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 Special Use for 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.
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 10-8-8(G)(2) 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 10-8-8(G)(2).
4.Approval Processes.
a.Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure
set in Section 10-8-8(F).
b.Minor Amendment.
(1)Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
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(2)City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the
application meets the applicable review criteria. Based on the review, the City Council shall approve or deny
the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all
the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
(3)Recordation. The minor amendment shall be recorded with the City Clerk.
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 8.3. Planned Unit Development Procedure
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10-8-9. 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 10-5-1(G).
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 Chapter 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.Land Banked Parking Facilities Review Standards.
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.
c.Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a
minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals 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".
3.Conditions. 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.
4.Procedure. The variation process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
a.Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning
Commission its findings and recommendations.
(1)A community meeting of area/neighborhood property owners explaining the proposed Variation conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation
from the Plan Council prior to the Planning and Zoning Commission public hearing date.
b.Economic Development Committee. The Economic Development Committee shall review the variation request
and report to the Planning and Zoning Commission its findings and recommendations.
c.Planning and Zoning Commission. 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. The application 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 application.
5.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.
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10-8-10. 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.Procedure.
1.Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly
scheduled meeting. 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 10-8-10(D).
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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10-8-11. 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.Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1.Economic Development Committee. The Economic Development Committee shall review the text amendment
request and report to the Planning and Zoning Commission its findings and recommendations.
2.Planning and Zoning Commission. 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 modifications and guarantees as part of the approval.
3.City Council. 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 8.4. Text Amendment Procedure
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10-8-12. 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 Standards. The Planning and Zoning Commission shall approve Map Amendments only if the
following standards 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 10-3-9(A).
C. Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1. Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning
Commission its findings and recommendations.
a. A community meeting of area/neighborhood property owners explaining the proposed Map Amendment
conducted by the petitioner at their own expense and at a location of their choosing may be required as a
recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2. Economic Development Committee. The Economic Development Committee shall review the map amendment
request and report to the Planning and Zoning Commission its findings and recommendations.
3. Planning and Zoning Commission. 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.
4. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may
approve 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 8.5. Map Amendment Procedure
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10-8-13. 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.Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1.Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and
recommendations as part of the approval.
a.A community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation from
the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.Economic Development Committee. The Economic Development Committee shall review the annexation request
and report to the City Council its findings and recommendations.
3.City Council. 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 10-8-4(B). City Council shall approve or deny a proposed by a
majority vote in accordance with applicable Illinois Statute.
C.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 10-8-12 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 10-7-9 of the
Yorkville Code of Ordinances and the said fees shall be paid at the time of filing the petition for Annexation agreement.
Figure 8.6. Annexation Procedure
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10-8-14. Economic Incentive/Development Agreement
A.Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are
negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered
as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments,
performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact
to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and
be in the overall best interest of the municipality.
B.Procedure. The economic incentive/development agreement process will require review of the following bodies unless
otherwise determined by the Zoning Administrator:
1.Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the
City Council its findings and recommendations.
2.Economic Development Committee. The Economic Development Committee shall review the economic
incentive/development agreement request and report to the City Council its findings and recommendations.
3.City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may
approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois
Statutes or may refer to the Economic Development Committee for further consideration.
Figure 8.7. Economic Incentive/Development Agreement Procedure
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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 10-8-4 and Section 10-8-3(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-unit 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.
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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 Unified Development Ordinance.
Authority
A. This 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 Unified 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 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;
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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.
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Scope of Regulations
A. Changes in Structures or Use. Except as may otherwise be provided in Chapter 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 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 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.
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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 ....................................................................................................................................................................... 9
10-2-6. “F” Definitions ....................................................................................................................................................................... 9
10-2-7. “G” Definitions ..................................................................................................................................................................... 12
10-2-8. “H” Definitions .................................................................................................................................................................... 12
10-2-9. “I” Definitions ...................................................................................................................................................................... 13
10-2-10. “J” Definitions .................................................................................................................................................................... 13
10-2-11. “K” Definitions ................................................................................................................................................................... 13
10-2-12. “L” Definitions ................................................................................................................................................................... 13
10-2-13. “M” Definitions .................................................................................................................................................................. 14
10-2-14. “N” Definitions ................................................................................................................................................................... 16
10-2-15. “O” Definitions ................................................................................................................................................................... 16
10-2-16. “P” Definitions ................................................................................................................................................................... 16
10-2-17. "Q” Definitions .................................................................................................................................................................. 18
10-2-18. “R” Definitions ................................................................................................................................................................... 18
10-2-19. “S” Definitions ................................................................................................................................................................... 19
10-2-20. “T” Definitions ................................................................................................................................................................... 23
10-2-21. “U” Definitions ................................................................................................................................................................... 24
10-2-22. “V” Definitions ................................................................................................................................................................... 25
10-2-23. “W” Definitions .................................................................................................................................................................. 25
10-2-24. "X” Definitions ................................................................................................................................................................... 25
10-2-25. “Y” Definitions ................................................................................................................................................................... 25
10-2-26. “Z” Definitions ................................................................................................................................................................... 26
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
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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.
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 twenty-four (24) hours.
J. Adult Use: A striptease club or pornographic movie theatre whose business is the commercial sale, dissemination, or
distribution of sexually explicit material, shows, or other exhibitions or (ii) an adult bookstore or adult video store in which
twenty-five (25) percent or more of its stock-in-trade, books, magazines, and films for sale, exhibition, or viewing on-
premises are sexually explicit material.
K. Aggregate Materials Extraction: A use involving on-site extraction of surface or subsurface mineral products or natural
resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining.
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.
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.
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.
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O. Alley: A private 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.
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.
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.
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.
U. Apiary: The place where one (1) or more bee colonies are kept.
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 incidental storage,
on-site retail sale, and distribution of the associated goods. Artisan manufacturing may include 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.
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.
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).
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).
Z. Attention-Getting Device: Any flag(s), streamer, spinner, pennant, light, balloon, continuous string of pennants, 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.
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.
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.
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.
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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.
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.
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.
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;
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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.
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.
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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.
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
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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.
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. Daycare Facility, Part-Day: Any facility licensed by the State Department of Children and Family Services (DCFS) and
which is conducted by a church, religious organization or social service agency in which individual children are provided
care, on an intermittent basis, for up to ten (10) hours per seven (7) day week. Any facility which provides intermittent care
for up to ten (10) hours per seven (7) day week shall not provide such care for more than eight (8) hours in any given day
during the seven (7) day week. Any facility which provides intermittent care for up to ten (10) hours per seven (7) day week
shall provide at least one (1) caregiver per twenty (20) children, 225 ILCS 10/2.10.
D. 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.
E. Dead End Street: A street having only one (1) outlet.
F. 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.
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G. 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;
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.
H. District: A delineated section or part of the unincorporated portion of the City in which bulk, density, and use specific
standards established in Chapter 4 apply.
I. Domesticated Hens: All life stages of the subspecies of the species Gallus Domesticus which are kept in an enclosure in
the rear or side yard of a residentially zoned property as permitted and regulated in this title.
J. 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.
K. 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.
L. 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.
M. Dry Cleaning Establishment: An establishment or business maintained for the pickup and delivery of dry cleaning and/or
laundry without the maintenance or operation of any laundry or dry-clean-ing equipment or machinery on the premises.
N. 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.
O. 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.
P. 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.
Q. 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.
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R. 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.
S. 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.
T. 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.
U. 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.
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. FAA: The Federal Aviation Administration.
B. FCC: The Federal Communications Commission.
C. 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.
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D. 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.
E. 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.
F. Fence, Solid: A fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it.
G. Filtration Plant: A facility that works to filter and purify water by removing chemicals, hazardous materials, and toxic
matters from a water source.
H. 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.
I. Fire Station: A building used for the storage and maintenance of fire-fighting equipment.
J. Floodplain: See title 8, chapter 7 of this Code.
K. 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 (10) feet of structure height and if such structure measures less than ten (10) feet 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
uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the
walls.
L. 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.
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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 (10) feet 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
uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the
walls.
M. 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.
N. Forestation: The cultivation or keeping of existing mature trees as a principal use.
O. 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.
P. 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.
Q. 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.
R. 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.
S. Frequency: The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
T. 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.
U. 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.
V. 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.
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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.
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 and Storage: A building designed to stockpile or store grain. Grain silos, which are vertical buildings,
typically circular, used for the storage of grain, as well as grain elevators, which are used to convey grain to the top of a silo
or storage building shall be included.
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. Height: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the
highest point on the tower or other structure, including the base pad and antenna structures.
D. Home Occupation: An accessory use of a residential dwelling unit which complies with the requirements of Section 10-4-
15(F) of this title.
E. 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
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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.
F. 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.
G. 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.
10-2-10. “J” Definitions
RESERVE
10-2-11. “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.
10-2-12. “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 (10) feet in width, twenty-five (25) feet in
length and fourteen (14) feet in height, 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.
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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.
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.
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.
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.
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.
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.
10-2-13. “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.
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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
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. Modular Construction: A structure not built on-site, but which is placed on a permanent foundation and meets building
code requirements.
K. 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.
L. 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.
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M. Motor Vehicle: A passenger automobile/vehicle, truck, truck trailer, trailer or semitrailer propelled or drawn by mechanical
power.
10-2-14. “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.
10-2-15. “O” Definitions
A. Odorous Matter: Any material that produces an olfactory response among human beings.
B. Office: A place, such as a building, room, or suite, in which services, clerical work, professional duties or the like are carried
out.
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.
10-2-16. “P” Definitions
A. Parapet: An architectural feature of a building where that portion of an exterior wall extends above the roof deck.
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B. Parcel: Shall refer broadly to a lot, tract, or any other piece of land.
C. Park: An area open to the general public and reserved for recreational, educational, or scenic purposes.
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.
E. Parking Space: Space within a public or private parking area designed in conformance with Section 10-5-1(E) 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.
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.
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.
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.
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.
J. Plan Council: The Plan Council of the City of Yorkville.
K. Planning and Zoning Commission: The Planning and Zoning Commission of the City of Yorkville.
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.
M. Plan, Final: The final engineering plan, map or drawing, plus all accompanying information required by this title.
N. Plan, Preliminary: The preliminary engineering plan, map, or drawing, plus all accompanying information required by this
title.
O. Plat: A subdivision as it is represented as a formal document by drawing and writing.
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: An area open to the public for recreational use primarily for children.
S. Police Station: Protection centers operated by a governmental agency, including administrative offices, storage of
equipment, temporary detention facilities, and the open or enclosed parking of patrol vehicles, excluding correctional
institutions.
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.
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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.
V. Post Office: A facility that contains service windows for mailing packages and letters, post office boxes, offices, vehicle
storage areas, and sorting and distribution facilities for mail.
W. 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 Section 10-4-14(A)(2)(f), (A)(2)(h), and (A)(2)(r) of this
chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
X. 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.
Y. Preschool: A school for children primarily between the ages of three (3) and five (5), providing preparation for elementary
school.
Z. Principal Use: The main use of land or buildings as distinguished from a subordinate or accessory use.
AA. 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.
BB. Public Open Space: Any publicly owned open area, including, but not limited to, the following: parks, playgrounds, forest
preserves, beaches, waterways, parkways and streets.
CC. 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.
DD. 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.
EE. Public Utility Facility (other): A public utility as defined in this UDO engaged activities other than electric substations or
distribution centers, gas regulation centers, and underground gas holder stations.
10-2-17. "Q” Definitions
RESERVE
10-2-18. “R” Definitions
A. Railroad Passenger Station: A facility for the boarding of passengers and related ticketing sales and offices.
B. Railroad Repair Shop, Maintenance Building, and Switching Yard: The use of land, buildings and structures for
equipment and supplies related to the repair of rail railroad facilities or an area used for the storing and switching of freight
and passenger rolling stock.
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.
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.
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.
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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.
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.
H. Recreational Vehicle, Trailer, and Boat Parking: A site intended for the semi-permanent parking of recreational vehicles,
trailers, or boats.
I. Refuse: All waste products resulting from human habitation, except sewage.
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.
K. Restaurant: An establishment whose food is available to the general public typically for consumption on the premises. The
term may include fast food restaurants in which food is available through drive-throughs as defined in this UDO, has a
limited menu of items consisting of prepackaged or quickly prepared items; where food is ordered and picked up at a
counter with no table service provided; where food is served in a limited dine-in area; or which is usually part of a chain or
franchise establishment. The term may also include fast casual dining with one or more of the following characteristics; a
limited menu items are made to order and are prepared only upon request; food is either ordered and picked up at a counter
or served at the patron's table in a limited dine in area; and is usually part of a chain or franchise establishment.
L. Residence: The act or condition of residing or dwelling in a place.
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. Riding Academies With Stables: An establishment including associated stables where horses are boarded and cared for,
and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
O. 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.
P. Riding Academy: An establishment where horses are boarded and cared for, and where instruction in riding, jumping, and
showing is offered, and where horses may be hired for riding.
Q. 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.
R. Roadway: That portion of a street which is used or intended to be used for the travel of motor vehicles.
10-2-19. “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 parts thereof,
or nontoxic waste material of any kind.
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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.
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 disposal 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.
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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.
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 10-6-3(B).
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.
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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.
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. 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.
NN. 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.
OO. 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.
PP. 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.
QQ. 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 (14)
feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.
RR. 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 (4½) feet 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.
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SS. 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.
TT. 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.
UU. 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.
VV. 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.
WW. 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.
XX. 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.
YY. 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.
ZZ. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway.
AAA. 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.
BBB. 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.
CCC. 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.
DDD. 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.
EEE. 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.
10-2-20. “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 10-8-3 (F)or a use which is associated with a holiday or special event, or which is accessory to a
permitted use and transitory in nature
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E. Temporary Use Permit. A permit for a Temporary Use designated in this UDO which is to be established for a fixed period
of time, with the intent to discontinue such use upon the expiration of that timeframe.
F. 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.
G. 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.
H. Theater, Motion Picture: A building used for the display of motion pictures for which attendees are charged an admission
fee to view.
I. Title: Reference to "title" herein shall be construed to be the Yorkville Unified Development Ordinance.
J. 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.
K. 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.
L. 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.
M. Tree Root Zone: Area of the ground around the base of the tree measured from the trunk to five (5) feet beyond the outer
base of the branching system.
N. Truck and Trailer Sales/Rental: Leasing or renting of trucks and trailers, including incidental parking and servicing of
vehicles for rent or lease.
O. 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.
P. Turnaround: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction.
10-2-21. “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.
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.
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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.
10-2-22. “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.
10-2-23. “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.
10-2-24. "X” Definitions
RESERVE
10-2-25. “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, Corner Side: A yard adjoining a street line which is bounded by the front lot line and rear lot line, and is opposite the
interior side yard.
C. 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.
D. Yard, Interior Side: A side yard which adjoins another lot or an alley separating such side yard from another lot.
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E. 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 Section 10-3-11 of this chapter.
F. 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.
G. 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.
10-2-26. “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.
C. Zoning Officer: The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including
the responsibilities defined in Section 10-8-1(B).
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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
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 Single-Unit Suburban 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; and
2. Ensure adequate light, air, privacy, and open space for residents; and
3. Provide for a variety of neighborhoods with a range of housing types with varying characters and patterns of
development; and
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; and
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; and
3. Create suitable environments for various types of business and manufacturing uses and protect them from the adverse
effects of incompatible uses; and
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 proximity to residential areas. The district is designed to provide
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 educational, service or limited commercial uses 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.
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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* 5 Min. Rear 5
A-1 - - -- - 100' 1 50' - 80' 3 30'
R-1 12,000 sq. ft. - -80' 50% 40' 15' (40') 50' 30'30'
R-2 10,000 sq. ft. - -70' 45% 25' 10' (30') 30' 30'30'
R-2A 6,000 sq. ft.- - 65' 45% 25' 10' (25') 25' 30'30'
R-2D 15,000 sq. ft.9,000 sq.ft.-100' 50% 30' 10' (30') 30' 30'30'
R-3 9,000 sq. ft. 2 7,000 sq.ft. 5 dwelling
units/acre 2
70' (90' for
attached
units)
70% 30' 10' (20') 30' 80'30'
R-4 15,000 sq. ft. 2 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')4 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'-
Notes:
5. 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)(3), in which instance, the more stringent width required by the transition
yard shall apply.
Table 10-3-9(A) Bulk and Dimensional Standards
1. 200 feet along Illinois Routes 34, 47, 71 and 126.
3. 100 foot structure height shall be allowed for silos on sites with agricultural uses.
2. 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.
4. 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
nonarterial roadways.
Setbacks
Max.
Building
Height
Dwelling
Unit Max.
Height
Max. Lot
CoverageZoneMin. Lot Size
Min. Lot
Width
Min. Lot
Size per
DU (For
Single-Unit
Attached
Uses)
Maximum
Density
(For Multi-
Unit Uses)
* Dimensions within ( ) = requirement for side yards adjoining a street.
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B. Minimum building separations in the R-3 District shall be as detailed in Table 10-3-9(B) below.
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
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
Table 10-3-9(B) Building Separation Requirements in R-3
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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
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).
All Front Side Rear Regulation
Accessory Structures P P P P Shall maintain a minimum distance of 5 feet from
Arbors and trellises P P P P -
Awnings and canopies P P P P Must adjoin a principal structure and may project
3 feet into required yard.
Balconies and breezeways ---P May proejct 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
Landscaping obstructions within dedicated
stormwater overflow routes may be limited or
restricted, per the approval of the City Engineer.
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.
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 -
Temporary accessory structures P P P P -
Permanent Structures
Table 10-3-11 Permitted Yard Setback Obstructions
Temporary Structures
Permitted Obstruction Required Yards
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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 10-8-5 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 10-8-3 (F) 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 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.
B. Table 10-3-12(B) Permitted and Special Uses establishes the allowed uses in the City’s zoning districts.
Table 10-3-12(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 10-4-1(A) 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 - - -
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Table 10-3-12(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
Dwelling, single-unit P - P P P P P P - - - - - -
Dwelling, townhouse 10-4-2(C) - - - - - - P P - - - - - -
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 S
Building material sales - - - - - - - - - P P P P -
Liquor store - - - - - - - - P P P - - -
Pawnbrokers/pawnsho
ps - - - - - - - - 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 - - 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/cremato
rium - - - - - - - - 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 - -
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Table 10-3-12(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
Massage
establishment 3-9 - - - - - - - - S S S - - -
Casino and Off track betting (OTB)
establishments - - - - - - - - - S S - - -
Professional
services/offices - - - - - - - - P P P - - -
Public storage facilities 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 -
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 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/Distiller
y tasting room - - - - - - - - P P P P P -
Brewpub 10-4-7(A) - - - - - - - - P P P P P -
Microbrewery 10-4-7(B)(1) - - - - - - - - P P P P P -
Microdistillery/Microwin
ery
10-4-
7(B)(2) - - - - - - - - P P P P P -
Prepared Food Service
Establishment - - - - - - - - P P P - - -
Restaurant - - - - - - - - P P P - - -
Tavern - nightclub or
lounge - - - - - - - - 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
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Table 10-3-12(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
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 10-4-9(B) - S - - - - - - S S S P P P
Car wash - - - - - - - - - - P P P -
Gasoline service
station - - - - - - - - - S S S S -
Heavy machinery and
equipment rental - - - - - - - - - S P P P -
Recreational vehicle
sales and service 10-4-9(A) - - - - - - - - - - P P P -
Semi-truck repair - - - - - - - - - - S P P -
Truck and trailer
sales/rental 10-4-9(A) - - - - - - - - - - S P P -
Truck, truck-tractor,
truck trailer, car trailer
or bus storage yard -
not include motor
freight terminal - - - - - - - - - - S 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 S - -
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
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Table 10-3-12(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
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
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 -
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Table 10-3-12(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
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
Antennae and
Antennae Structures
(other)
P P P P P P P P P P P P P P
Antennae and
Antennae Structures
(For Radio or
Television
Transmission)
S S S S S S S S S S S S S S
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
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
Preschool - - P P P P P P - - - - - -
Public utility - electric
substations and
distribution centers, gas
regulation centers and
underground gas holder
stations S S - - - - - - - - - P P P
Public utility facilities (other) S - P P P P P P - - - P P P
Radio and television towers - commercial 10-4-14(A) P - - - - - - - P P P P P S
Sanitary landfill S - - - - - - - - - - S S S
School, public or
private - - P P P P P P - - - S S P
Sewage treatment
plant - - S S S S S S - - - P P P
Solid waste disposal
site - - - - - - - - S S S P P P
Towers P - - - - - - - P P 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 Building 10-4-15(A) P P P P P P P P P P P P P P
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Table 10-3-12(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
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
Antennae and
Antennae Structures (other) 10-4-14(A) P P P P P P P P P P P P P P
Antennae and
Antennae Structures
(For Radio or
Television
Transmission) 10-4-14(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
Daycare Facility, Part-
Day - - P P P P P - P P P P P P
Domesticated Hens 8-19 - - P P - - - - - - - - - -
Drive Throughs 10-4-15(D) - - - - - - - - P P P - - -
Dwelling, accessory 10-4-15(E) P - P P P P P - - - - - - -
Recreational vehicle,
trailer, and boat parking 10-4-2(F) P P P P P P P - - - - - - -
Home occupations 10-4-15(G) P - P P P P P P - P - - - -
Outdoor displays 10-4-15(H) P P - - - - - - P P P P P -
Towers 10-4-14(A) P - P P - - - - P P P P P -
Vehicle Charging Stations P P P P P P 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 ................................................................................................................................................ 31
Temporary Use Standards ............................................................................................................................................... 39
Agricultural Use Standards
A. Apiary. Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of
Ordinances.
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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 10-5-1(H) 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. 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.
(1) 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.
(2) 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 perimeter or internal street, unless otherwise allowed
in subsection (5) 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) 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 10-5-1(H) 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 3.3. Townhouse Dwelling Standards
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D. Mobile Home Park.
1. The minimum site size shall be ten (10) acres.
Lodging Use Standards
A. Short-Term Rental. Short-term rentals shall be subject to the hotel tax provisions established in Title 3, Chapter 1, Section
3-2-7 of the City of Yorkville Code of Ordinances.
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 Chapter 11 Section 3-11-5 of the City of Yorkville Code of
Ordinances) 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.
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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.
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 10-8-5.
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.
2. Outdoor facilities shall be enclosed by an opaque fence or wall a minimum six (6) feet in height.
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.
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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.
4. A maximum of one (1) residential unit shall be permitted as a special use, 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-
5-3(C).
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 10-5-3(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 less than four (4) square feet and 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.
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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 one-hundred and twenty (120) percent of 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..
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 4.5 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.
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 less than four (4) square feet and 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.
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 one-hundred and twenty (120) percent of 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 4.8 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 less than four (4) square feet and 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.
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 4.9 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 4.10 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.
(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. The signs shall be less than four (4) square feet and
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.
Figure 4.10. Freestanding Wind Energy System - Principal Use Standards
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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.
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.
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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.
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.
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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
A. Telecommunication Tower and Antennae.
1. Applicability.
a. New Towers and Antennas. All new towers or antennas in Yorkville shall be subject to these regulations, except
as provided in subsections B through E of this section inclusive.
b. Amateur Radio Station Operator/Receive Only Antennas. This chapter shall not govern any tower, or the
installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna
shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet.
c. Preexisting Towers or Antennas. Existing towers and existing antennas which predated this chapter, shall not
be required to meet the requirements of this chapter other than the requirements of Sections 10-4-14(A)(2)(f),
(A)(2)(h), and (A)(2)(r) of this chapter. All preexisting towers and antennas shall be subject to the tower and
antenna administrative fee.
d. AM Array. For purposes of implementing this chapter, AM array, consisting of one (1) or more tower units and
supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1)
tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the
towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by
right.
e. Within Public Right-of-Way: If the tower and/or antenna is situated within the public right-of-way, such tower
and/or antenna must meet the requirements of title 7, chapter 8, "Construction of Utility Facilities in Rights-of-
Way", of this Code.
2. General Requirements.
a. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A
different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or
tower on such lot.
b. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with Yorkville's
development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other
such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be
located on leased parcels within such lot.
c. Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning
Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either
within the jurisdiction of Yorkville or within one (1) mile of the border thereof, including specific information about
the location, height, and design of each tower. The Zoning Officer may share such information with other
applicants applying for administrative approvals or special use permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by
sharing such information, in any way representing or warranting that such sites are available or suitable.
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d. Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be
painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding
buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of
the supporting structure so as to make the antenna and related equipment as visually unobtrusive as
possible.
e. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If
lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the
surrounding views.
f. State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the
FCC and any other agency of the state or federal government with the authority to regulate towers and antennas.
If such standards and regulations are changed, then the owners of the towers and antennas governed by this
chapter shall bring such towers and antennas into compliance with such revised standards and regulations within
six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance
schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
g. Building Codes/Safety Standards. Any owner or operator of an antenna, antenna structure or tower shall
maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and
applicable state or local building codes and the applicable standards for towers that are published by the national
electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to
time. If, upon inspection, the City of Yorkville concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the
tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to
bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute
grounds for the removal of the antenna, antenna structure or tower at the owner's expense.
h. Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated
and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries.
i. Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to
this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
j. Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an
administratively approved use or special use shall require public notice and individual notice by the City of
Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250) feet
of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of
"abutting" nor in calculating the two hundred fifty (250) feet.
k. Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.
l. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall
comply with the requirements of Section 10-4-14(A)(4)(k) of this chapter.
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m. Multiple Antenna/Tower Plan. The City of Yorkville encourages all plans for towers and antenna sites to be
submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of
multiple sites shall be given priority in the review process.
n. Antenna on Existing Structures. Any antenna may be approved by the City of Yorkville as an accessory use to
any commercial, industrial, professional, institutional, or multi-unit structure of eight (8) or more dwelling units,
provided:
(1) The antenna does not extend more than thirty (30) feet above the highest point of the structure;
(2) The antenna complies with all applicable FCC and FAA regulations; and
(3) The antenna complies with all applicable building codes and safety standards as referenced in subsection g
of this section.
o. Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the
zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the
construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1) Additional Antenna. A tower which is modified or reconstructed to accommodate the collocation of an
additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows
reconstruction as a monopole.
(2) Height.
(a) An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the
tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate
the collocation of an additional antenna.
(b) The height change referred to in subsection (O)(2)(a) of this section may only occur one (1) time per
communication tower.
(c) The additional height referred to in subsection (O)(2)(a) of this section shall not require an additional
distance separation. The tower's premodification height shall be used to calculate such distance
separations.
(3) On-Site Location.
(a) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved
on-site within fifty (50) feet of its existing location.
(b) After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
(c) A relocated on-site tower shall continue to be measured from the original tower location for purposes of
calculating separation distances between towers. The relocation of a tower hereunder shall in no way be
deemed to cause a violation of this chapter.
(d) The on-site relocation of a tower which comes within the separation distances to residential units or
residentially zoned lands as established in this zoning ordinance shall only be permitted when approved
by the Zoning Officer.
(4) New Towers in Nonresidential Zoning Districts. An applicant may locate any new tower as provided in
Table 10-3-12(B), provided that: a) a licensed professional engineer certifies the tower can structurally
accommodate the number of shared users proposed by the applicant; b) the Zoning Officer concludes the
tower is in conformity with the goals set forth in this subsection o and the requirements of this subsection; c)
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the tower meets the setback and separation requirements Section 10-4-14(A)(4)(e) of this chapter; and d) the
tower meets the following height and usage criteria:
(a) For a single user, up to and including one hundred twenty (120) feet in height;
(b) For two (2) users, up to one hundred fifty (150) feet in height; and
(c) For three (3) or more users, up to and including one hundred eighty (180) feet in height.
p. Roadway Access. All sites on which antennas, antenna structures and towers are located must have a passable
roadway access of compacted macadam base not less than seven (7) inches thick surfaced with not less than two
(2) inches of asphaltic concrete or some comparable dustless material.
q. Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be
surrounded by an opaque screen which is no less than six (6) feet in height and equipped with an appropriate
anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes
shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its
discretion in appropriate cases.
r. Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the
proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the
character of the surrounding area and environment, and be constructed in such a manner where the health or
safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna
structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna
structure or tower is to be erected on a golf course or other public recreational area.
s. Annual Administrative Fee and Certifications.
(1) The annual administration fee payable to the City of Yorkville by any owner and/or operator of an antenna,
antenna structure, or tower shall be the sum of thirty-five (35) dollars which shall be due on or before January
10th of each calendar year commencing with calendar year 2001.
(2) In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or
related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the
event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is
required annually to be filed with the City under the terms of this subsection, the owner and/or operator shall
reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said
inspection which shall be a minimum of three hundred fifty (350) dollars and any additional cost incurred
therein.
(3) The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it
deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower.
(a) Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the
radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of
such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure,
or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this Code,
plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
(b) Waiver of Provisions. An applicant can request a waiver of any provision of this chapter upon the
showing of appropriate justification and benefit to the public. Such request shall be treated as a request
for a variance and the appropriate procedures thereto shall apply.
3. Permitted Uses.
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a. General. The following uses listed in this section are deemed to be permitted uses and shall not require a special
use permit.
b. Uses. Antennas, antenna structures and towers are permitted as an accessory use as provided in Table 10-3-
12(B) except that part of any zoning district which is located in a floodplain, so long as said antennas or towers
conform to the following and all other requirements of this title:
(1) Antennas and towers may be located on property owned, leased, or otherwise controlled by Yorkville,
particularly and expressly including Yorkville's water tower sites, and City Hall and police station-sites,
provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville.
(2) Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running
southwest and northeast through Yorkville, subject to Section (A)(2)(a) through (s).
4. Special Uses and Accessory Uses.
a. General Provisions.
(1) Radio and telecommunications and towers used for radio transmission, or television transmission when
allowed as a Special Use shall be subject to the special use provisions contained within Section 10-8-5 of
this title and applications for special use permits shall be subject to the procedures and requirements of this
title, except as modified in this chapter.
(2) In granting a special use permit, the Plan Commission may impose conditions to the extent the Plan
Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower
on adjoining properties.
(3) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical,
shall be certified by a licensed professional engineer.
(4) An applicant for a special use permit shall submit the information described in this section and a
nonrefundable fee as established by resolution of the City Council of Yorkville to reimburse Yorkville for the
cost of reviewing the application.
(5) Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the
requirements of this chapter in the following zoning districts and for the following uses.
(a) R-1, Single-Unit Suburban Residence: For commercial/trade school, place of worship/assembly, golf
course, or public utility facilities only;
(b) R-2, Single-Unit Traditional Residence: For commercial/trade school, place of worship/assembly, golf
course, or public utility facilities.
b. Information Required. In addition to any information required for applications for special use permits referenced
above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and
tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and
other documentation signed and sealed by appropriate licensed professionals, showing the location, type and
dimensions of all improvements, including information concerning topography, radio frequency coverage, tower
height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses,
adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance
for this chapter. In addition, the following information shall be supplied:
(1) Legal description of the parent track and leased parcel (if applicable);
(2) The setback distance between the proposed structure and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned property;
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(3) The separation distance from other structures in the inventory of existing sites submitted pursuant to Section
10-4-14(A)(2)(c) shall be shown on an updated site plan or map and the applicant shall also identify the type
of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known;
(4) A landscape plan showing specific landscape materials; the method of fencing and finish color and, if
applicable, the method of camouflage and illumination;
(a) A description of compliance with Sections 10-4-14 (A)(2)(c)(e)(f)(g)(h)(i)(m) of this chapter and all
applicable federal, state or local laws;
(b) A notarized statement by the applicant as to whether construction of the tower will accommodate
collocation of additional antennas for future users;
(c) Identification of the entities providing the backhaul network for the structure(s) described in the
application and other cellular sites owned or operated by the applicant in Yorkville;
(d) A description of the suitability of the use of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services to be provided through the use of the
proposed new tower; and
(e) A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing
physical, engineering, technological or geographical limitations in the event the proposed tower is
erected.
(5) An applicant shall be notified within thirty (30) days if the application is incomplete. The City shall make a
decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150)
days of the receipt of a completed application.
c. Factors Considered in Granting Special Use Permits: The City of Yorkville shall consider the following factors
in determining whether to issue a special use permit above and beyond those factors referenced in Section 10-8-5
of this title. The City of Yorkville may waive or reduce the burden on the petitioner of one (1) or more of these
criteria if Yorkville concludes that the goals of this chapter are better served thereby.
(1) Height of the proposed antenna, antenna structure or tower;
(2) Proximity of the antenna, antenna structure or tower to residential structures and residential district
boundaries;
(3) Nature of uses on adjacent and nearby properties;
(4) Surrounding topography;
(5) Surrounding tree coverage and foliage;
(6) Design of the antenna, antenna structure or tower, with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress.
d. Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial
height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna
structure or tower, the arm shall not exceed a length of twelve (12) linear feet.
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e. Setbacks and Separation.
(1) Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the
antenna, antenna structure, or tower from any off-site, residential structure. Antenna structures, guylines, and
equipment shelters must satisfy the minimum setback requirements for the governing zoning district.
(2) Separation. The following separation requirements shall apply to all towers and antennas for which a special
use permit is required; provided, however, that the Plan Commission may reduce the standard separation
requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback
would effectively prohibit said tower:
(a) Separation From Off-Site Uses/Designated Area.
(i) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses
and/or designated areas as specified in Table 10-4-14(A)(4)(e)(2) of this section.
(ii) Separation requirements for towers shall comply with the minimum standards established in Table
10-4-14(A)(4)(e)(2) of this section.
(3) Separation Distances Between Towers. Separation distances between towers shall be applicable for and
measured between the proposed tower and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing tower and the proposed base,
pursuant to a site plan, of the proposed tower. The separation distances shall be as shown in Table 10-4-
14(A)(4)(e)(3) of this section.
Off-Site Use/Designated Area Separation Distance
Single-unit or duplex principal use 500 feet
Vacant single-unit or duplex use on residentially zoned land which is either
platted or has preliminary subdivision plan approval which is not expired 500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use
property without a valid preliminary subdivision plan or valid development plan
approval and any multi-unit residentially zoned land
500 feet
Existing multi-unit residential 100 feet or 100 percent of the tower
height, whichever is greater
Nonresidentially zoned land or nonresidential uses None
The Fox River or any watercourse 500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)500 feet from the right-of-way
Table 10-4-14 (A)(4)(e)(2): Separation Requirements
Lattice Guyed
Monopole (Taller
Than 75 Feet)
Monopole (Shorter
Than 75 Feet)
Lattice 1,000 1,500 500 250
Guyed 1,000 1,750 1,500 1,250
Monopole (Taller than 75 feet)500 1,500 250 250
Monopole (Shorter than 75 feet)250 1,250 250 250
Existing Tower Type
Separation Distance (feet)
Table 10-4-14 (A)(4)(e)(3): Existing Tower Separation Requirements
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f. Siting on Wetland Prohibited. No antenna, antenna structure, or tower shall be located in an area which has
been designated as a wetland either by the City of Yorkville, Kendall County, the State of Illinois Department of
Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers,
and any and all governmental bodies and agencies having jurisdiction.
g. FCC Signage. To the extent that signage is required by the FCC on an antenna structure, or tower, that signage
shall constitute no more than five (5) percent of the square footage of the antenna, antenna structure, or tower or
shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
h. Preservation of Landscape. Existing mature tree growth and natural landforms on the proposed antenna,
antenna structure, or tower site shall be preserved to the maximum extent possible.
i. Utilities and Access Required. Radio and telecommunications antennas, antenna structures, and towers,
including, but not limited to, those used for small wireless services, small wireless facilities, and unlicensed
wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the
servicing of the antenna, antenna structure or tower. All such utilities shall be buried.
j. Signal Interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with
police, fire, public works or any other governmental radio band signals. In the case of the possibility of such
interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the
petition for special use shall be denied.
k. Equipment Shelter and Equipment Cabinets. A provider of a radio, television, or telecommunications antenna,
antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or
tower. The square footage of the equipment shelter may not exceed more than twenty (20) percent of the total
square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet,
whichever is greater. At any antenna, antenna structure, or tower site in which more than one (1) antenna has
been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be
contained under one (1) roof if at all practicably possible. No equipment shelter shall be approved as part of the
site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the
equipment shelter site.
l. Equipment Cabinets.
(1) In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the
cabinet or structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area
and the cabinet/structure is located a minimum of six (6) feet from all lot lines. The cabinet/structure shall be
screened by hedging or shrubbery with an ultimate height of at least forty-two (42) inches to forty-eight (48)
inches and a planted height of at least thirty-six (36) inches.
(2) In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64)
square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an
ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances,
structures or cabinets shall be screened from view of all residential properties which abut or are directly
across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an
ultimate height of eight feet (8') and a planted height of thirty-six (36) inches.
(3) In business and manufacturing districts the equipment cabinet or structure shall be no greater than six (6)
feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by a
hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36)
inches. In all other instances, structures or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height
or a hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
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m. Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the
National Electrical Code, NFPA 70 and International Building Code; Radio, Television Towers Codes currently in
effect as required by Yorkville and all applicable marking and lighting standards as established by the Federal
Aviation Administration.
n. Removal of Abandoned Antennas, Antenna Structures, or Towers. Any antenna, antenna structure, or tower
that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not
paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna
structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville
notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said
ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file
a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or
more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all
users cease using the antenna, antenna structure, or tower.
o. Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna,
antenna structure or tower, the Zoning Board may by express condition require that the applicant shall allow, on a
commercially reasonable basis, other providers of small wireless telecommunications services to collocate
additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed small
wireless facility, where collocation is technologically feasible.
7. Nonconforming Uses.
a. Prohibited Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in
accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a
nonconforming use or structure.
b. Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine
maintenance (including replacement with a new tower of like construction and height) shall be permitted on such
preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the
requirements of this chapter.
c. Rebuilding Damaged or Destroyed Nonconforming Antennas, Antenna Structures or Towers.
Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna
structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained
administrative approval or a special use permit and without having to meet the separation requirements specified
elsewhere in this chapter. The type, height, and location of the tower on-site shall be of the same type and
intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable
building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or
destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be
deemed abandoned as specified in Section 10-4-14 (A)(4)(n) of this chapter.
8. Annual Reporting of Information. Each owner of an antenna, antenna structure, or tower regulated under this
chapter, and including those previously existing structures which would have been regulated under this chapter, shall,
on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of
this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to
abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or
willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to
abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice
from the City of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure
would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary
information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to
have retroactive effect.
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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 accessory 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 permanent accessory building or structure shall be located within a public utility easement or within a
designated stormwater overflow route.
e. 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
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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(A) 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 Standards - 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(A).
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 ACU shall use the same mailbox, water meter, and trash containers as the principal use. The use of additional
mailboxes, water meters, or trash containers by the secondary dwelling unit separate from the principal use shall be
prohibited.
8. 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. Domestic Hens. The keeping of domestic hens shall be subject to the provisions of Title 8, Chapter 19 of the City of
Yorkville Code of Ordinances.
D. Drive Throughs.
1. Drive throughs shall be permitted a maximum of four (4) menu boards per lane.
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 10-6-5(B).
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. 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.
6. 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.
7. Drive through facilities shall be provided with a bypass lane with a minimum width of twelve (12) feet unless an
alternative means of exit is approved by the City Engineer.
8. 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 10-
4-15 (D).
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E. Dwelling, Accessory.
1. One (1) accessory dwelling unit shall be permitted on a lot. The accessory dwelling shall only be allowed on a lot on
which the sole principal use is a single-unit dwelling.
2. Detached accessory dwelling units shall not exceed nine hundred (900) square feet or ten (10) percent of size of the
lot, whichever is less.
3. Attached accessory 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 accessory dwelling unit shall be in addition to the parking space(s) required for the primary dwelling
unit. The parking for the accessory 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. The accessory dwelling shall use the same mailbox, water meter, and trash containers as the principal dwelling unit.
The use of additional mailboxes, water meters, and trash containers by the accessory dwelling unit separate from the
principal dwelling unit shall be prohibited.
9. Accessory 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.
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
Table 10-4-15(D) Drive Through Stacking Requirements
as determined by the Zoning Officer
1. Four (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.
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Figure 4.13. Accessory Dwelling Unit Standards
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F. 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 10-5-2(B)(4) if constructed in a front or side yard 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, in addition to any automobiles permitted by the Zoning Ordinance.
4. Location. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following:
a. 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,
b. 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
c. 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.
G. 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 9 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.
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(H), of this title;
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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. Teaching of musical instruments and dancing shall be conducted only in a single-unit detached dwellings; 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 Section 10-8-5 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;
c. Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
d. Manufacturing business;
e. Medical clinic or hospital;
f. Animal hospital or kennel (animal grooming services are permitted);
g. Restaurant;
h. Mortuary and funeral parlors; and
i. Commercial automobile repair;
j. Any activity that produces noxious matter or employs or produces flammable matter.
H. 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
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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(H)(5) 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 10-8-3(F).
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 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.
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 the City of Yorkville Municipal 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.
g. No amplified music or loudspeakers shall be permitted.
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h. Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply
with the standards of Section 10-5-7.
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.
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.
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(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 (70) 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.
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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:
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 Zoning
Administrator 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.
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c. Permit.
(1) Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-4-16(E)
of this title.
(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 Zoning Administrator 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 Zoning Administrator 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
Zoning Administrator.
(e) Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the
building along both frontages.
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(f) For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion
of the Zoning Administrator in locations where unusual circumstances exist or where public safety would
be jeopardized.
(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 Zoning Administrator 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 Zoning
Administrator 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.
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(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.
(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, streetlights,
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.
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(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
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 Zoning Administrator 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) Temporary signage such as menu boards or easels may be permitted in parklet cafes.
(11) No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the
parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
(12) No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator
or designee as part of a special event.
(13) Parklet cafes shall meet the vision clearance requirements of Section 10-5-6 of this title.
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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 ................................................................................................................................................................. 42
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 Table 10-5-1(H)(5). 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 a Variation as detailed in
Section 10-8-9. 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.
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.
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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 Variation as detailed in Section 10-8-9.
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.
D. Requirements For All Parking.
1. Drive aisles shall be required in the parking areas that have five (5) or more spaces.
2. All required parking lots, by this Code, shall comply with the accessibility requirements of the State of Illinois
Accessibility Code and the ADA.
E. 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(E)(1) and as
generally illustrated in Figure 5.1.
A B C D E F
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(E)(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(E)(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.
A B C D E F
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(E)(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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F. 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
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.
G. 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.
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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.
H. 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)(5) 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 10-2-6(L) of this ordinance.
5. Unlisted Uses. In the case of uses not listed in Table 10-5-1(H)(5) Minimum Parking Requirements, the number of
spaces for a similar use, as determined by the Zoning Administrator, shall apply.
Table 10-5-1(H)(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
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
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
Auction house
Bank
Commercial laboratory
Commercial/trade school
Daycare facility
Dry cleaning establishment
Entertainment production studio
Financial institutions and services
Funeral home/mortuary/crematorium
Health and fitness club/center
Indoor shooting gallery/range
Kennel, commercial or private dog kennels
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
Massage establishment
Off track betting (OTB) establishments
Professional services/offices 2/1,000 sq ft 1/1,000 sq ft
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 sq ft 2/1,000 sq ft
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 sq ft 2/1,000 sq ft
Brewpub
Microbrewery, microdistillery, and microwinery
Prepared Food Service Establishment
Restaurant
Tavern - nightclub or lounge
Medical Uses
Hospital
1/300 sq ft 1/300 sq ft
Medical clinic / office
Treatment center
Vehicle Related Uses
Automobile parts/accessories sales
1/1,000 sq ft 0.5/1,000 sq ft Automobile rental
Automobile repair 1/200 sq ft 1/200 sq ft
Automobile sales enclosed and service/open sales lot
1/1,000 sq ft 0.5/1,000 sq ft Boat sales and rental
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
Boat storage
Car wash 1/car wash bay 1/car wash bay
Gasoline service station
1/gas pump and 1/300 sq ft
accessory retail space
1/gas pump and 1/300 sq ft
accessory retail space
Heavy machinery and equipment rental
1/1,000 sq ft 1.5/1,000 sq ft Recreational vehicle sales and service
Semi-truck repair 1/service bay 1/service bay
Truck and trailer sales/rental 1/1,000 sq ft 0.5/1,000 sq ft
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 sq ft 0.3/1,000 sq ft
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
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
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
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Table 10-5-1(H)(5) Minimum Parking Requirements
Use
Minimum Parking Requirement, first 8,000 sq ft
Minimum Parking Requirement, sq ft beyond first 8,000
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 sq ft 0.3/1,000 sq ft 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
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
Post office
3/1,000 sq ft 3/1,000 sq ft Preschool
Public utility - electric substations and distribution centers, gas
regulation centers and underground gas holder stations
As determined by parking
demand study (1)
As determined by parking
demand study (1)
Public utility facilities (other)
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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I. Fee-In-Lieu of Off-Street Parking. An applicant may request to pay a fee-in-lieu of the off-street parking required in this
Section. The City will allocate the fee to construct and maintain public parking facilities.
1. All requests for a fee-in-lieu of off-street parking shall be subject to approval by the City Council. A maximum of twenty
(20) percent of the off-street parking required in this subsection may be substituted for the provision of a fee-in-lieu of
parking.
2. The developer shall provide the average cost of an off-street parking space as provided per the City of Yorkville’s
adopted ordinances and as verified by the City Engineer.
3. An approved payment in lieu of providing parking shall be paid prior to issuance of a building permit.
J. Reserved Parking Spaces.
1. Curb-Side Pickup.
a. A maximum of five (5) percent of required parking spaces specified in Table 10-5-1(H)(5) 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 Administrator.
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 Administrator.
c. The Zoning Administrator may reduce the minimum number of parking spots required by one-half (0.5) space per
parking spot reserved for ride share pick up and drop off.
K. Electric Vehicle Charging Stations. Any parking structure, parking area serving a multiunit 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.
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L. Allowed Reductions to Required Parking. Table 10-5-1(L) 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(L) Allowed Reductions to Required Parking
On-Street Parking
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M. 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 subsections (a) and (b) 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 the
subsections below 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.
N. 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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O. 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.
P. 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 recommend to the City Council land banking of up to twenty-
five (25) percent of the required parking spaces through the Variation process, as defined in Section 10-8-9 of this
ordinance.
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 by the Planning and Zoning Commission with final approval by the City Council. The
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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.
Q. 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(F)(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.
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.
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Figure 5.3. Off-Street Loading Spaces
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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 10-5-5 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. Multi-unit 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.
E. Vehicle Stacking For Drive Throughs. Vehicle stacking spaces for drive through uses shall be provided as specified in
Section 10-4-15(D).
Figure 5.7. Multi-unit and Nonresidential Driveway Standards
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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 (DBH typically 4.5 feet
above ground). 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 5.9 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 they deem necessary allow
adequate construction and use of the site.
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 landscape zone at front and exterior side yards.
Five (5) square feet of landscape area shall be provided per linear foot of building frontage facing the front and exterior
side yards and shall be dispersed along the building foundation as approved by the Zoning Administrator.
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 or clusters of individual plants in a manner that enhances the site’s
appearance as proposed by the developer and deemed appropriate 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
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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 finished groundcover
including mulch or stonework.
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 ten (10)
continuous spaces apart.
Figure 5.12. Off-Street Parking Area Interior Landscape Zone in Front or Side of 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 - Double Bay Parking
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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 ten (10) 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 - Double Bay Parking
7. Pedestrian Circulation Systems. Pedestrian circulation systems, as required in the interior of off-street parking areas
in Section 10-5-1(N) 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)(2), 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)(2), 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/a C B B A A A A A B C
Service/Medical/Office n/a C B B A A A A A B C
Lodging n/a C B B A A A A A B C
Eating/Drinking n/a C B B A A A A A B C
Entertainment n/a C C n/a n/a n/a n/a n/a n/a n/a n/a
Vehicle Related n/a D D B A A A A A B C
Industrial/Transportation n/a D D D D D D D D D D
Table 10-5-3(F)(2) 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)(3). 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)(3) 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 Survey Requirements. Every tree survey for any new development shall include the following:
a. Location, species (botanic and common name), and diameter at breast height (DBH) of all trees four (4) inches
DBH or larger.
b. Survey must clearly identify which trees are proposed to be removed and which are proposed to be preserved.
c. A summary data table indicating total number of trees removed and trees to be replaced shall be provided on the
survey.
3. Tree Replacement Standards.
a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule:
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)(3)(a) Tree Replacement Approved For Removal
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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 (2½) 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.
4. 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.
5. Fee in lieu. A fee may be provided in lieu of the replacement of trees or preservation of existing trees as established in
the City of Yorkville’s adopted ordinances. These fees will be based upon wholesale pricing for a two and a half (2 ½)
to three (3) inch tree. Money collected from the fee in lieu option shall be deposited into a Tree Bank Fund to be used
towards tree replacement and plantings throughout the City.
6. Tree Preservation Plan. Development on all parcels four (4) 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.
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)(3)(b) Tree Replacement Identified For Preservation
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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. Access drives shall be constructed of materials and to a thickness which accommodates truck loading.
9. Enclosures shall be of an adequate size to accommodate expected containers.
10. 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.
11. 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 Unit Screening Standards
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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 below 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. The Zoning Administrator has the right to
approve similar materials not listed 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 chain-link (rear and side yard only on properties in nonresidential districts).
i. Galvanized chain-link (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.
2. Any fence made of, in whole or in part, cloth, canvas or other like material is prohibited.
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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(D) 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(D) 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
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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 multiunit and nonresidential uses only.
B. Exceptions. Temporary holiday lighting 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, ornamental, or holiday lighting.
Lighting fixtures for parking lots shall utilize a light-emitting diode (LED) fixtures.
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 as specified in 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.
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(E) Outdoor Lighting Height Standards
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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 extinguish
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.
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Chapter 6. Sign Standards
Purpose and Scope .............................................................................................................................................................. 1
Limit on Sign Area ................................................................................................................................................................ 3
Sign Measurement ............................................................................................................................................................... 4
Permitted Sign Types ........................................................................................................................................................... 5
General Sign Standards ....................................................................................................................................................... 6
Permanent Sign Standards .................................................................................................................................................. 7
Temporary Sign Standards ................................................................................................................................................. 16
Comprehensive Sign Plan .................................................................................................................................................. 23
Prohibited Signs and Content ............................................................................................................................................. 24
Safety, Maintenance, and Abandonment ......................................................................................................................... 24
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 Area. 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 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 area shall not include any supporting framework, bracing, decorative fence, or wall when such
fence or wall otherwise meets this Title’s 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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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 Title and only after the issuance of a Sign Permit as detailed in Section 10-8-3(E).
2. Allowed Sign Types. Sign types marked as “A” in the table shall be allowed subject to all applicable regulations of this
Title 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. Exempt Signs. Any sign located on private property less than two (2) square foot in area and mounted on a structure
shall be exempt from the standards of this Chapter.
6. 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 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.
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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 10-5-7. 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:
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.
1. Sign Area.
a. Signs Attached To a Wall With a Public Entrance or Facing a Public Right-of-Way. The maximum sign area
shall be two (2) square feet for every one (1) linear foot of the exterior wall to which it is affixed. The sign shall not
to exceed seventy-five (75) percent of the width of the exterior wall to which it is attached.
b. Signs Attached to Any Other Wall. The maximum sign area shall be one (1) square foot for every one (1) linear
foot of the exterior wall to which it is affixed. The sign shall not exceed fifty (50) percent of the width of the exterior
wall to which it is attached.
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. 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 eight (8) feet.
b. 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. Any sign which projects more than twelve (12) inches from the wall will be defined
as a projecting sign as regulated in Section 10-6-6(D).
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:
(1) In keeping with the overall design and architecture of the building,
(2) A minimum of ten (10) feet from the primary wall sign and other secondary wall signs,
(3) A maximum of fifty (50) percent of the size of the primary wall sign,
(4) Accessory to the building’s primary wall sign, and
(5) The total area of all primary and secondary wall signs does not exceed the maximum wall sign area as
established in Section 10-6-6(A)(1).
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 Sign Standards
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B. Monument Signs.
1. General Monument Sign Standards
a. Sign Materials. The following classes of sign materials shall be utilized in the determination of allowed sign area
and sign height as detailed in Sections 10-6-3(A) and 10-6-3(B).
(1) 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.
(2) High Quality Materials.
(a) Masonry,
(b) Natural stone,
(c) Steel/wrought iron, or
(d) Other as determined by the Zoning Administrator.
b. Landscape.
(1) All monument signs shall be required to plant and maintain a landscape area at the base of the sign.
(2) The minimum area of the landscape area shall be equal to half (1/2) of the square footage of the sign area of
the associated sign.
(3) Landscape areas shall be planted with one (1) shrub or native grass, per every three (3) square feet of
required landscape area.
(4) Required shrubs and native grasses shall be approved by the Zoning Administrator as a landscape plan.
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2. Single-Tenant Monument Signs.
a. Sign Dimensions.
(1) Base Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing base quality sign
materials shall meet the following dimensional standards.
(a) Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
(b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed eight (8) feet.
(2) High Quality Single-Tenant Monument Signs. Single-tenant monument signs utilizing high quality sign
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 10-5-6.
(1) Residential Districts: Ten (10) feet
(2) 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 10-6-6(B)(1)(d) at the base of the sign.
Figure 6.6. Single-Tenant Monument Sign Standards
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3. Multi-Tenant Monument Signs.
a. Sign Dimensions.
(1) Base Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing base quality sign
materials shall meet the following dimensional standards.
(a) Sign Area. The maximum sign area shall not exceed thirty-two (32) square feet.
(b) Sign Height. The maximum sign height of single-tenant monument signs shall not exceed ten (10) feet.
(2) High Quality Multi-Tenant Monument Signs. Multi-tenant monument signs utilizing high quality sign
materials shall meet the following dimensional standards.
(a) Sign Area. The maximum sign area shall not exceed sixty-four (64) square feet.
(b) 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.
c. Location. Multi-tenant monument signs shall be located a minimum of five (5) feet from all property lines and
rights-of-way, 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 10-5-6.
d. Landscape Requirement. All multi-tenant monument signs shall be required to plant and maintain a landscape
area meeting the requirements of Section 10-6-6(B)(1)(d) 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.
Figure 6.7. Multi-Tenant Monument Sign Standards
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C. Awning/Canopy Signs.
1. Sign Area. The maximum sign 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 10-6-6(A)(1).
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 6.8. Awning/Canopy Sign Standards
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D. Projecting Signs.
1. Sign Area. The maximum permitted sign copy area of projecting signs shall be sixteen (16) 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 6.9. Projecting Sign Standards
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E. Window Signs.
1. Sign Area. The maximum permitted sign area of a window sign shall be fifty (50) percent of the square footage of the
individual window on which the sign shall be located.
Figure 6.10. Window Sign Standards
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F. On-Site Traffic Directional Signs.
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 6.11. 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 10-6-7(D).
B. Wall Mounted Banner Signs.
1. Sign Area.
a. The maximum sign 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 6.12. Wall-Mounted Banner Sign Standards
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C. Ground Mounted Banner Signs.
1. Sign Area. The maximum sign 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 10-5-6.
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 6.13. Ground-Mounted Banner Sign Standards
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D. Feather Sign.
1. Sign 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. 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.
b. For multi-tenant buildings, only one (1) feather sign is permitted per business.
4. Location.
a. 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 10-5-6.
b. For multi-tenant buildings, feather signs must be twenty-five (25) feet from any other feather sign.
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 6.14. Feather Sign Standards
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E. A-Frame/Sandwich Board Signs.
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 For Parcels within the Downtown Overlay District.
a. A-frame/sandwich board signs shall be on-premises signs only, with the exception of B-2 zoned parcels.
b. The property owner of B-2 zoned parcels may locate an A-Frame/Sandwich Board sign off premise within the
public right-of-way within the Downtown Overlay District. The owner shall be required to provide a release or hold
harmless to the City prior to the display of any such 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 6.15. A-Frame/Sandwich Board Sign Standards
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F. Post Signs.
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 thirty-two (32)
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 10-5-6.
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 6.16. Post Sign Standards
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G. Yard Signs.
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 other 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 10-5-6.
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.
c. One (1) yard sign displayed for a period of up to seventy-two (72) hours shall be exempt from the requirements for
this section.
Figure 6.17. 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 interfere with 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 6.18. Cold Air Inflatable Sign Standards
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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.
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 Title. 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 Title.
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.
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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 Title constructed, erected, or maintained in violation of the provisions of this title, he or she shall give written
notice per the provisions of this Title. Such notice shall specify the manner in which the sign is unsafe or in violation of this
Title.
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 Title.
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Chapter 7. Subdivision Standards
Intent and Purpose ............................................................................................................................................................... 1
Lots ....................................................................................................................................................................................... 1
Street Design and Improvements ......................................................................................................................................... 2
Circulation and Connectivity ............................................................................................................................................... 13
Easements .......................................................................................................................................................................... 13
Water, Sewer, and Stormwater .......................................................................................................................................... 14
Cluster Development .......................................................................................................................................................... 15
Anti-Monotony Standards ................................................................................................................................................... 16
Park and Recreation Land and School Site Dedication...................................................................................................... 18
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
Subdivision as detailed in Section 10-8-6.
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.
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.
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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. Orientation. Where appropriate, lot orientation along an east-west longitudinal axis is recommended for increased energy
efficiency for potential solar panels.
D. 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)(3).
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)(3).
3. Double frontage lots may be subdivided and utilize a separate lot or outlot where the rear property line fronts an
adjoining roadway for required transition yards.
E. 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 adhere to the City’s standard specifications and be approved by the City
Engineer.
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.
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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. Blocks shall not exceed one thousand three hundred twenty (1,320) feet in length. Blocks eight hundred
(800) feet or less are encouraged. In any residential subdivision in which twenty-five (25) percent of the blocks
have a length of eight-hundred (800) feet or less, the developer may qualify for one (1) of the following bonuses:
(1) Fifteen (15) percent of the total landscaping required within parkways as specified in Section 10-7-3(B)(4)(c)
shall be exempt throughout the entire subdivision. The location of required parkway landscaping exempted
shall not detract from the appearance of the development overall and shall be subject to Zoning
Administrator approval.
(2) The minimum lot size and width of the governing zoning district as specified in Section 10-3-9(A) may be
reduced for the entire subdivision by up to five (5) percent.
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 at right angles. Proposed intersections at angles of less than eighty (80)
degrees shall not be acceptable. Proposed intersections at less than ninety (90) degrees shall be approved only
when the proposed layout enhances the subdivision’s overall layout and circulation pattern or is required due to
natural constraints on the site as determined by the Zoning Administrator.
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
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. Islands. Islands in the center of cul-de-sacs with a minimum radius of fifteen (15) feet shall be required. Islands
shall use mountable curbing only that allows vehicular access to the islands. Islands may be planted with
vegetation, however, such vegetation shall not exceed four (4) feet at maturity to allow for vision clearance across
the cul-de-sac’s diameter.
c. Adequate Turn-Around Required. Cul-de-sac streets shall terminate in a circular paved area allowing for
vehicular turn around and having a minimum radius of:
(1) Fifty (50) feet from the center of the island to the outside curb.
(2) Sixty (60) feet the center of the island to the edge of right-of-way.
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Figure 7.4. Cul-De-Sac Standards
d. Pedestrian and Bicycle Connection Required.
(1) The developer shall provide pedestrian and bicyclist access along a public easement located between lots of
record when the center point of the cul-de-sac is within three-hundred-fifty (350) feet of a street or another
cul-de-sac.
(2) The public easement must be a minimum of twenty (20) feet wide.
(3) The public easement must include a lighted multi-use path with a minimum width of ten (10) feet that is
constructed of a permanent surface approved by the Zoning Administrator in consultation with the City
Engineer and connects the cul-de-sac with the neighboring cul-de-sac or street.
(4) Maintenance of the easement shall be designated in the final plat of subdivision.
Figure 7.5. Pedestrian and Bicycle Connections For Cul-De-Sac Standards
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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:
(1) 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.
(2) The street by its general configuration, in relationship to the existing development of the area, serves any
collector function.
(3) The street extends into an undeveloped area in such a manner as to serve any future collector function.
(4) 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. Street Trees. 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.
(1) Substitution on Private Property Allowed. Up to twenty-five (25) percent of the street trees required in
Section 10-7-3 (B)(4)(c) may be planted on private property within the subdivision provided the following are
met.
(a) The trees located on private property shall be located within the same subdivision as the parkway trees
they will be substituted for.
(b) The trees shall be located within the required front yard on each subject lot.
(c) The trees provided on private property shall be provided in addition to any landscaping required per
Section 10-5-3.
(d) The trees provided on private property shall meet the planting specifications of Section 10-5-3(A) above.
(e) The substitution of street trees on private property shall enhance the visual quality of the neighborhood
and achieve the same visual effects as trees planted in parkways as proposed by the developer and
approved by the Zoning Administrator.
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:
(1) Width: Eight (8) feet.
(2) Length: Twenty-three (23) feet.
c. On-street parking spaces shall be delineated with striping with a minimum width of four (4) inches. For all types of
local streets, the striping of the on-street parking spaces may be provided but shall only be required when no
curbing is provided.
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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.
Landscaped elements shall be maintained privately by a homeowners association or another organization
associated with the development in which they are located.
C. Street Design Requirements.
1. Right of-Way Widths. The minimum right-of-way widths of proposed streets shall be as detailed in Table 10-7-3(C)(1).
2. Paving Widths. The minimum paving widths from curb face shall be as detailed in Table 10-7-3(C)(2).
3. Required Street Design Elements. Required street design elements shall be as established per street type in Table
10-7-3(C)(3).
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 Minimum Right-of-Way Widths (Feet)
Arterial 85
Collector 70
Local Nonresidential 80
Local Residential 66
Table 10-7-3(C)(1): Minimum Right-of-Way Widths
Type of Street Minimum Paving Width (Feet)
Arterial 51
Collector 41
Local Nonresidential 39
Local Residential 30
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 7.6. Arterial Design Standards
Figure 7.7. Collector Street With Bicycle Lane and Median Standards
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Figure 7.8. Collector Street With On-Street Parking Standards
Figure 7.9. Local Nonresidential Street With Bicycle Lane and Median Standards
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Figure 7.10. Local Nonresidential Street With Bicycle Lane and Median Design Standards
Figure 7.11. 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.
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 City Council 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.
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.
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D. Transition Area Easements. Transition zone 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 a 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 10-7-7(B).
C. Maximum Dimensional Standards Reduction. The dimensional standards established in Table 10-3-9(A) 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. Native landscapes,
2. Mature tree stands,
3. Prime farmland,
4. Critical habitat, and/or
5. Other as approved by the Zoning Administrator.
Table 10-7-7(B): Maximum Density per Acre
Zoning District Maximum Density
R-1 3.63 dwelling units/acre
R-2 4.36 dwelling units/acre
R-2A 7.26 dwelling units/acre
R-2D 2.90 dwelling units/acre
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Figure 7.12. Cluster Development
Anti-Monotony Standards
A. Building Variety Standards.
1. No new single-unit detached or duplex dwelling units shall be similar in appearance to any other single-unit 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-unit 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) or more of the following characteristics:
1. Roof type (gable, hip, mansard, gambrel, flat, or combination);
2. Similar roof pitch at an angle of ten (10) degrees or less;
3. Dimensions (height and/or length) of the front wall closest to the front lot line that are within twenty (20) percent the
same as either the height or width shall constitute similarity;
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. The following differences in construction material
shall be deemed sufficient to render buildings containing such changes and built on adjacent lots to be dissimilar.
a. Four (4) inch exposure horizontal siding;
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b. Eight (8) inch exposure horizontal siding;
c. Brick facing;
d. Vertical siding;
e. Stone facing; and
f. Stucco/staccato board and trim.
g. When materials are changed, the change must occur throughout the front facade or elevation for a minimum of
one story in height.
h. Color change shall be made by significant changes in adjacent colors. The change must be one of color rather
than merely of the shade.
Figure 7.13. 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 10-7-9(A)(1), or as may be required by City Council at its discretion.
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 10-7-9(B)(1) and the minimum number of acres for a school site of each school classification defined in Table
10-7-9(B)(1). 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.
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
City’s adopted ordinances. 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.
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
Table 10-7-9(A)(1): Parkland 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
Table 10-7-9(B)(1): School Dedication Requirements
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D. Estimated Population Per Dwelling Unit. Table 10-7-9(D) 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.
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
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
Table 10-7-9(D): Estimated Population Per Dwelling Unit
Dwelling Duplex, Dwelling, Townhome
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Chapter 8. UDO Review and Approval Procedures
10-8-1. Administrative Authorities ..................................................................................................................................................... 1
10-8-2. General Application Requirements ....................................................................................................................................... 4
10-8-3. Permits, Certificates, and Administrative Review ................................................................................................................. 5
10-8-4. Board/Commission General Review and Action Procedures ............................................................................................... 9
10-8-5. Special Uses ....................................................................................................................................................................... 10
10-8-6. Subdivision Procedures ...................................................................................................................................................... 13
10-8-7. Required Improvements. .................................................................................................................................................... 20
10-8-8. Planned Unit Development ................................................................................................................................................. 23
10-8-9. Variations ............................................................................................................................................................................ 29
10-8-10. Appeals............................................................................................................................................................................. 31
10-8-11. Text Amendments ............................................................................................................................................................ 32
10-8-12. Map Amendments ............................................................................................................................................................ 33
10-8-13. Annexations ...................................................................................................................................................................... 35
10-8-14. Economic Incentive/Development Agreements………………………………………………………………………………….33
10-8-1. 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 Title, 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 Title.
3. Receive applications for County mile and one-half reviews and forward to 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 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 this Title, including, but not limited to, all maps, amendments,
variations, appeals, and publications thereof.
7. 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.
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8. Identify all nonconforming structures and uses.
9. Delegate other duties as may be placed upon them by this Title.
B. Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including
the following responsibilities:
1. Issue all certificates of use and occupancy 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 and 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. Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning
and Zoning Commission and City Council.
C. Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer,
Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire
District representative, or designee from each respective department. 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. The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council.
3. Review all development applications, requests, and documents including but not limited to site plans, concept plans,
annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and
final plats for compliance with City ordinances, standards, and policies.
4. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific
site problems, in accordance with City ordinances, standards and policies.
5. Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and
Planning and Zoning Commission prior to holding of a public hearing on the application.
D. Economic Development Committee. The Economic Development Committee consists of four (4) City Council members
which are appointed by the mayor and shall have the following authorities and responsibilities:
1. Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all
documents including but not limited to text amendments, map amendments, planned unit developments, variations,
special uses, and plat applications.
2. Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational
knowledge and to address any potential issues with an application with regards to City ordinances, standards, and
policies.
E. Planning and Zoning Commission. The Planning and Zoning Commission, which has been created and appointed by the
mayor, shall have the following authorities and responsibilities.
1. To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text
amendments, map amendments, planned unit developments, variations, special uses, and plat 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.
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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 Title and appeals of decisions made by the Zoning
Administrator or Zoning officer.
6. 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.
7. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
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10-8-2. General Application Requirements
A. Authorization.
1. An application for any request or 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 request or 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 forms provided by the City and sufficient
to determine whether the application will conform to the requirements set forth in this Title.
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:
(1) The applicant has been notified of such deficiencies and has not responded or provided a timeline for
completing the application within ninety (90) days from the time of notification.
(2) The applicant has not responded in writing to a request for information or documentation from staff or the
initial Planning and Zoning Commission review within six (6) months from the date of that request.
(3) 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 provided in Section 1-7-9 of the Yorkville Municipal Code.
2. No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, 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 the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing.
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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 decide 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.
10-8-3. Permits, Certificates, and Administrative Review
A. Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval
Procedures and identifies the administrator that serves as the review and decision-making body.
B. 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. 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 without a building permit.
2. Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of
construction, reconstruction, enlargement, or moving.
3. Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any
building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the
provisions of this Title.
4. Requirements.
a. Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan
and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on
the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together
with such other information as may be necessary to the enforcement of this title.
b. PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or
address of the parcel where the improvement is being located.
c. Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville
Municipal Code.
Administrative Review Procedure Zoning Administrator Zoning Officer
Building Permit ○●
Certificate of Occupancy ○●
Lot Split ●
Sign Permit ○●
Temporary Use Permit ●○
Table 10-8-3(A): Summary of Administrative Review and Approval Procedures
Key:
● = Review and Decision Making Body
○ = Review Body
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5. Review Process.
a. A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an
appointed designee of their choosing.
b. The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in
compliance with this Title and all other adopted municipal regulations.
c. Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for
any development meeting one of the following criteria.
(1) New development, including the construction or placement of any new building(s) or expansion of any
existing building.
(2) Any development which will increase the overall impervious lot coverage of a parcel.
(3) Any development subject to off-street parking and loading requirements.
d. The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and
provide the applicant(s) with a fee receipt.
e. In the case that an application is not in compliance with this Title or the application provided insufficient
information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an
approval detailing the reason(s) for the refusal.
6. Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a
building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6)
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 two (2) weeks prior to the respective deadline.
C. 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.
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. Review Process.
a. A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator.
b. The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title
and all other adopted municipal regulations.
c. Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten
(10) business days after a written request for the same has been submitted to the Zoning Officer.
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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 an additional six (6) months, 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.
D. Lot Splits.
1. Applicability. A lot split is a subdivision which meets any one (1) if the following conditions.
a. The split of a single lot into 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 filed Final 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 Split Review Criteria.
a. Comprehensive Plan Alignment. The Lot 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. Compliance. The Lot Split is consistent with the provisions of this Title 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
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 Subdivision shall
follow the procedure in Section 10-8-6.
E. 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 Title 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 Title.
3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer
shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City
ordinances are met.
4. Review Process.
a. A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator.
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b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the
Building Code, and all other adopted municipal regulations.
c. Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit
application in writing.
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.
F. 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 Title 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. 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
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requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may
include, but shall not be limited to:
(1) Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other
operational characteristics.
(2) 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. Review Process.
a. A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed
designee of their choosing.
b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the
Building Code, and all other adopted municipal regulations.
c. 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 (F)(2) above.
Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in
writing.
10-8-4. Board/Commission General Review and Action Procedures
A. Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) summarizes the Board and
Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as
recommending or decision-making bodies.
Petition Review Procedure Plan Council
Economic
Development
Committee
Planning and
Zoning
Commission City Council
Special Use A A R1 D
Subdivision A A R D
Planned Unit Development A A R1 D
Variation A A R1 D
Appeal D
Text Amendment A R1 D
Map Amendment A A R1 D
Annexations A A D*
Economic Incentive/Development Agreement A2 A D
2 = Optional Review Step at the Zoning Administrator's discretion
Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
R = Recommending Body
Key:
D = Decision Making Body
1 = Public Notice Required
A = Advisory Body
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B. Notice Requirements.
1. Notice Requirements by Procedure. Table 10-8-4 (B)(1) 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.
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 special use, variation,
subdivision, consolidation, amendment, or Planned Unit Development or otherwise required by state statutes, shall be
completed by the City Clerk 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.
10-8-5. 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. Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
Petition Review Procedure Published Notice Mailed Notice
Special Use ●●
Special Use Major Amendment ●●
Planned Unit Development ●●
Planned Unit Development Major Amendment ●●
Variation ●●
Map Amendment ●●
Text Amendment ●
Annexations ●●
Economic Incentive/Development Agreement
Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
● = Required Notice Method
Key:
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1. Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its
findings and recommendations.
a. A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation from
the Plan Council prior to the Planning and Zoning Commission public hearing date.
2. Economic Development Committee. The Economic Development Committee shall review the application and report
to the Planning and Zoning Commission its findings and recommendations.
3. Planning and Zoning Commission. 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.
4. City Council. 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.
5. Recordation. Any approved Special Use shall be recorded with the City Clerk.
C. 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 (⅔) 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.
D. 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.
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.
E. Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning 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.
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F. 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 (⅔) 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.
G. 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 three (3) years 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.
H. 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 10-8-5(H)(2) 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 10-8-5(H)(2).
4. Approval Process.
a. Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special
Use approval set in Section 10-8-5(B).
b. Minor Amendments.
(1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
(2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the
application meets the applicable review criteria. Based on the review, the City Council shall approve or deny
the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all
the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
(3) Recordation. The minor amendment shall be recorded with the City Clerk.
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Figure 8.1. Special Use Procedure
10-8-6. 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
Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other
adopted regulations, codes, or ordinances, the most restrictive shall apply.
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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 Final Plat 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. Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district.
C. Subdivisions.
1. Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels.
2. Easements. When a 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. Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat.
a. 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.
b. The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title.
5. Final Plan. The petitioner or landowner may submit directly for a final plat.
6. Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements.
a. Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or
larger, on a nonfading, stable, Mylar material.
b. Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered
consecutively and shall contain a notation giving the total number of sheets in the document and shall show the
relation of that sheet to the other sheets.
c. Information.
(1) Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter
section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in
digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois
State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System.
(2) Monuments. All monuments erected, corners, and other points established in the field in their proper places.
The material of which monuments, corners, or other points are made shall be noted as the representation
thereof, or by legend, except lot corners need not be shown.
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(3) Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds,
meander lines, and easements, unless they parallel a noted boundary.
(4) Widths. The exact width of all easements, streets, and alleys.
(5) Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot.
(6) Setback Lines. Building setback lines on all lots.
(7) Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks.
(8) Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than
ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only
the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the
tangent and the main chord of the curve. When between curves of different radii, the angle between the main
chords shall be shown.
(9) Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a
dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and
length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on
the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of
thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent
to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent
distances from the points of curvature to a point of intersection of the straight lines.
(10) Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not
duplicate the name of any other street, unless it is an extension thereof.
(11) Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by
dotted lines. The width, names, and recording document numbers of these streets and highways and plats
shall also be given.
(12) Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing
easements, shall be clearly marked and recording document numbers shown on the plat.
(13) Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to
subdivision.
(14) Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or
stream, the plat shall show the area over which the access is provided to the lake or stream, together with a
small-scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the
location of the area over which access is provided.
(15) Survey Monuments. The description and location of all survey monuments placed in the subdivision shall
be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four
vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches
square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument
shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of
two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four
(24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of
streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there
is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets
and alleys are accepted for public maintenance.
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(16) Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in
the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected.
(17) Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as
applicable:
(a) Surveyor.
(b) Owner.
(c) Notary.
(d) City Administrator.
(e) Township Highway Commissioner, if applicable.
(f) County Supervisor of Highways, if applicable.
(g) Illinois Department of Transportation, if applicable.
(h) City Clerk.
(i) City Planning and Zoning Commission, Chairman.
(j) City Council Certificate.
(k) County Clerk.
(l) County Recorder.
(m) City Engineer.
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7. Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
a. Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its
findings and recommendations.
(1) A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted
by the petitioner at their own expense and at a location of their choosing may be required as a
recommendation from the Plan Council prior to the Planning and Zoning Commission meeting.
b. Economic Development Committee. The Economic Development Committee shall review the Final Plan and
report to the Planning and Zoning Commission its findings and recommendations.
c. Planning and Zoning Commission. After reviewing the Final Plat, 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.
d. City Council. 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. Any final plat
shall be approved by the City Council by ordinance.
e. Recording of Final Plat. The Final Plat shall be recorded by ordinance 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. All necessary fees owed to the City shall satisfied in relation to the project and any required security
posted prior to the recordation of the final plat is also required.
D. 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
10-8-6(D)(2) 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 10-8-6(D)(2).
4. Approval Process.
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a. Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section
10-8-6(C)(7).
b. Minor Amendments. A minor amendment to an approved Subdivision shall be reviewed as follows.
(1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
(2) City Council Review. The minor amendment 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 minor amendment. Any minor amendment shall be approved by the City Council by ordinance.
(3) Recordation. An approved minor amendment shall be recorded by ordinance 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. All necessary fees owed to the City shall be satisfied in relation to the project
and any required security posted prior to the recordation of the final plat is also required.
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Figure 8.2. Subdivision Procedure
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10-8-7. 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 may construct and install the required subdivision improvements prior to filing
the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public
improvements. 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 10-8-7(E) of this chapter, the subdivider shall post
with the City prior to recordation of the Final Plat, 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 prior to the recording of the final plat. 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. Filing. Not more than ten (10) months after Final 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.
5. Construction and Inspection.
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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 and the City's standard specifications for improvements.
b. 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.
c. 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.
d. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-
way at any time, without exception.
e. 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. Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of
all community improvements.
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.
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10-8-8. 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 a Special Use.
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.
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 10-8-8(D).
4. All approved site development allowances shall be delineated in the ordinance approving the Planned Unit
Development as a Special Use as it applies to the subject property.
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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 one (1) 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, employment of an alternative energy system
or solution, 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 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. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level
access from the street and/or zero entry thresholds.
6. 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.
7. Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and
design characteristics intended to accommodate the lifestyles and needs of senior citizens.
8. 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.
9. Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning
or operation of the Yorkville Community Unit School District or another public school district.
10. Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality
amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in
addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit
Development and has a direct relationship to the other main buildings and uses on-site.
11. Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of
roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-
Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity.
12. Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement
identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional
entity.
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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. The standards of review in this Section shall be considered in addition to the standards for Special
Use Permits as specified in Section 10-8-5. 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.
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.
F. Procedure.
1. 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.
a. A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned
Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be
required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing
date.
2. Economic Development Committee. The Economic Development Committee shall review the Planned Unit
Development and report to the Planning and Zoning Commission its findings and recommendations.
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 Special Use for 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.
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 10-8-8(G)(2) 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 10-8-8(G)(2).
4. Approval Processes.
a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure
set in Section 10-8-8(F).
b. Minor Amendment.
(1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for
compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning
Administrator shall then make a recommendation to City Council to approve or deny the application.
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(2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the
application meets the applicable review criteria. Based on the review, the City Council shall approve or deny
the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all
the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
(3) Recordation. The minor amendment shall be recorded with the City Clerk.
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.
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Figure 8.3. Planned Unit Development Procedure
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10-8-9. 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 10-5-1(G).
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 Chapter 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. Land Banked Parking Facilities Review Standards.
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.
c. Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a
minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals 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".
3. Conditions. 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.
4. Procedure. The variation process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
a. Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning
Commission its findings and recommendations.
(1) A community meeting of area/neighborhood property owners explaining the proposed Variation conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation
from the Plan Council prior to the Planning and Zoning Commission public hearing date.
b. Economic Development Committee. The Economic Development Committee shall review the variation request
and report to the Planning and Zoning Commission its findings and recommendations.
c. Planning and Zoning Commission. 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. The application 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 application.
5. 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.
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10-8-10. 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. Procedure.
1. Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly
scheduled meeting. 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 10-8-10(D).
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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10-8-11. 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. Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1. Economic Development Committee. The Economic Development Committee shall review the text amendment
request and report to the Planning and Zoning Commission its findings and recommendations.
2. Planning and Zoning Commission. 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 modifications and guarantees as part of the approval.
3. City Council. 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 8.4. Text Amendment Procedure
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10-8-12. 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 Standards. The Planning and Zoning Commission shall approve Map Amendments only if the
following standards 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 10-3-9(A).
C. Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1. Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning
Commission its findings and recommendations.
a. A community meeting of area/neighborhood property owners explaining the proposed Map Amendment
conducted by the petitioner at their own expense and at a location of their choosing may be required as a
recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2. Economic Development Committee. The Economic Development Committee shall review the map amendment
request and report to the Planning and Zoning Commission its findings and recommendations.
3. Planning and Zoning Commission. 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.
4. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may
approve 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 8.5. Map Amendment Procedure
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10-8-13. 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. Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the
Zoning Administrator:
1. Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and
recommendations as part of the approval.
a. A community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by
the petitioner at their own expense and at a location of their choosing may be required as a recommendation from
the Plan Council prior to the Planning and Zoning Commission public hearing date.
2. Economic Development Committee. The Economic Development Committee shall review the annexation request
and report to the City Council its findings and recommendations.
3. City Council. 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 10-8-4(B). City Council shall approve or deny a proposed by a
majority vote in accordance with applicable Illinois Statute.
C. 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 10-8-12 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 10-7-9 of the
Yorkville Code of Ordinances and the said fees shall be paid at the time of filing the petition for Annexation agreement.
Figure 8.6. Annexation Procedure
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10-8-14. Economic Incentive/Development Agreement
A. Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are
negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered
as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments,
performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact
to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and
be in the overall best interest of the municipality.
B. Procedure. The economic incentive/development agreement process will require review of the following bodies unless
otherwise determined by the Zoning Administrator:
1. Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the
City Council its findings and recommendations.
2. Economic Development Committee. The Economic Development Committee shall review the economic
incentive/development agreement request and report to the City Council its findings and recommendations.
3. City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may
approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois
Statutes or may refer to the Economic Development Committee for further consideration.
Figure 8.7. Economic Incentive/Development Agreement Procedure
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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 10-8-4 and Section 10-8-3(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-unit 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.