Ordinance 2024-50 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-50
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED
DEVELOPMENT ORDINANCE REGARDING CHAPTER 8: UDO REVIEW&
APPROVAL PROCEDURES
Passed by the City Council of the
United City of Yorkville, Kendall County,Illinois
This 24" day of September, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on September 30,2024.
Ordinance No. 2024-50
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED
DEVELOPMENT ORDINANCE REGARDING CHAPTER 8: UDO REVIEW &
APPROVAL PROCEDURES
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified
Development Ordinance ("UDO") the City may initiate amendments to the Zoning Ordinance;
and,
WHEREAS, the City filed a request seeking an amendment to the UDO to revise and
clarify general application requirements, board/commission review, and procedures related to
petitions for text and map amendments, annexations, annexation agreements, and economic
incentive/development agreements; and,
WHEREAS, the Planning and Zoning Commission convened and held a public hearing
on September 11, 2024, to consider the request and forward a recommendation to the City
Council to approve the requested text amendment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the above recitals are hereby incorporated and made a part of this
Ordinance.
Section 2. That Chapter 8. UDO Review and Approval Procedures of the United City of
Yorkville Unified Development Ordinance, including Table 10-8-4(A): Summary of
Board/Commission Review and Approval Procedures, Table 10-8-4(B)(1): Notice Methods by
Board/Commission Review and Action Procedure, Figure 8.2. Subdivision Procedure, Figure
8.4. Text Amendment, and Figure 8.6 Annexation Procedure, is hereby amended attached hereto
and made a part hereof as Exhibit A.
Section 3. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Ordinance No. 2024-50
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
241h day of September, A.D. 2024.
CIT CLERK
KEN KOCH ABSENT DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as
Mayor of the United City of Yorkville, Kendall County, Illinois
this<'DOday of A.D. 2024.
MAYOR
Ordinance No. 2024-50
Page 3
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Unified Development Ordinance Update Page 1 of 36
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. .................................................................................................................................................... 21
10-8-8. Planned Unit Development ................................................................................................................................................. 24
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 Agreement .................................................................................................................. 36
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 perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11-
12-1 et seq.).
4. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass
under this Title.
5. 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.
6. To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning
Administrator or Zoning officer.
7. 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.
8. To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65
ILCS 5/11-13-1 et seq.).
9. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
10. To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the
Illinois Municipal Code.
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10-8-2. General Application Requirements
A. Authorization.
1. An application for any request or procedure, except for text 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. A text amendment may be initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract
purchaser of property located in the City or by the Mayor and 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.
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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.
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.
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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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.
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.
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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.
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.
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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.
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.
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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
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.
Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
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 /D3 D3
Appeal D
Text Amendment A R1 D
Map Amendment A2 A R1 D
Annexations A2 A D
Annexation Agreements A2 A D4
Economic Incentive/Development Agreement A2 A D
Key:
A = Advisory Body
R = Recommending Body
D = Decision Making Body
1 = Public Notice Required
2 = Optional Review Step at the Zoning Administrator's discretion
3 = Authorized Variances per Section 10-8-9.B
4 = Taxing Body Notice per Table 10-8-4 (B)(1)
B. Public 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.
Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
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 ●
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Annexations
Annexation Agreements ● 1
Economic Incentive/Development Agreement
Key:
● = Required Notice Method
1= Required Notice only to Trustees of Fire Protection District and Township Trustees and
Commissioner of Highways if the land to be annexed includes any highway under township
jurisdiction.
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 legal
description, parcel index number (PIN), and/or address of the subject property, if applicable. 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 or the City, at the discretion of the Zoning Administrator, 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. The notice shall state the date, time, place, and purpose of the hearing, and
shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
a. Affidavit Required. If such notice is mailed by the applicant, 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.
b. Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only 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 the Trustees of Fire Protection District, and Township Trustees
and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The
notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in
advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65
ILCS 5/7-1-1, et seq.)
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, map 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:
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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
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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 or meets the criteria set forth in Section10-8-
3(D)(1) of this Title, 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, other than those set forth in Section 10-8-
3(D)(1) of this Title, 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
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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.
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5. Construction and Inspection.
a. Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the
approved plans and specifications for the above improvements. Authorization to begin work will be given upon
receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision
roads intersect any presently existing road, and work must proceed in accordance with construction methods of
this section 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
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required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City
Council acceptance.
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.
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
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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.
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 an owner, lessee, agent, majority
beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning
and Zoning Commission, Zoning Administrator, or City Administrator..
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 make findings of fact regarding Map
Amendments based upon the following standards:.
1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
2. The proposed Map Amendment is compatible with the existing and planned uses and zoning of nearby properties.
3. The subject property is suitable for the purposes of the proposed zoning district.
4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by
any adjacent parcels.
5. 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), unless otherwise granted relief as specified in Section 10-8-9. Variations.
6. The community need for the proposed use, and
7. The length of time the property has been vacant as zoned considered in the context of land development in the area in
the vicinity of the subject property.
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.
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
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Figure 8.5. Map Amendment Procedure
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Unified Development Ordinance Update Page 35 of 36
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.
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. 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 requesting a zoning classification other than the R-1,
Single-Family 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.
D. Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification,
other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by
the City Council shall require an annexation agreement. 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).
Figure 8.6. Annexation Agreement Procedure
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Unified Development Ordinance Update Page 36 of 36
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
1
Summary
This memo highlights two (2) key areas necessitating a proposed text amendment to Chapter 8 of the
Unified Development Ordinance (UDO):
1. Clarification of Public Hearing and Mailed Notice Requirements for Annexation Agreement
Requests
The need for this amendment was driven by the Hagemann Trust annexation agreement
application, which exposed confusion within the UDO regarding the requirement for mailed
notices in cases involving annexation agreements. To resolve this, staff proposes revisions aimed
at making the requirements for public hearings and mailed notices more explicit, ensuring that all
stakeholders have a clear understanding of the procedures.
2. Correction of Additional Inconsistencies and Errors in Chapter 8 of the UDO
In addition to clarifying the annexation notice requirements, this amendment seeks to rectify other
unrelated issues within Chapter 8. Specifically, the amendment will reconcile inconsistencies
between the text and graphical representations within the UDO, and correct various oversights and
grammatical errors that were identified during a comprehensive review by staff and the City
Attorney.
In addition to the text, recommended revisions are also specific to the following tables/figures within the
UDO: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures, Table 10-8-
4(B)(1): Notice Methods by Board/Commission Review and Action Procedure, Figure 8.2. Subdivision
Procedure, Figure 8.4. Text Amendment, and Figure 8.6 Annexation Procedure.
Chapter 8 - Unified Development Ordinance
Chapter 8 of the Unified Development Ordinance (UDO) outlines the processes and authorities for
various development approvals, including special uses, planned unit developments, variations,
subdivisions, appeals, map and text amendments, annexations, and building permits. It also defines the
roles of key officials, such as the Zoning Administrator, Zoning Officer, and the various review bodies,
including the Plan Council, Economic Development Committee, and Planning and Zoning Commission.
When adopting the UDO, staff and consultants made minimal changes to the existing zoning
authorities. A key goal of the UDO Advisory Committee was to include flow charts and tables that
visually simplify the review and approval processes for the public and developers.
During the Hagemann Trust annexation agreement application, it was discovered that a
guidance table incorrectly required mailed public hearing notices to property owners within 500 feet,
instead of just a published notice in a local newspaper, as mandated by state law and established city
practice. Upon realizing this, staff held an additional public hearing and sent certified mail notices to
the nearby property owners. Following this, staff and the City Attorney thoroughly reviewed Chapter 8
to recommend procedural corrections, specifically for annexation and annexation agreement notice
Memorandum
To: Planning and Zoning Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Sara Mendez, Planner I
Date: September 4, 2024
Subject: PZC 2024-17 Chapter 8: UDO Review & Approval Procedures
Proposed Text Amendment
2
requirements, to ensure clarity and consistency with state laws without altering the original intent of the
UDO. We also identified other non-related text inconsistencies and grammatical errors within the chapter
and are making additional recommendations for amendment.
Proposed Text Amendments
Below is a bullet point summary of the proposed amendments to the text, tables, and figures in
Chapter 8 of the Unified Development Ordinance (UDO) Review and Approval Procedures. To simplify
reference, the amendments are listed in the order they appear in the UDO. However, staff has categorized
each change in the memo as either "Annexation" or "Non-Annexation" to clearly differentiate between
clarifications on public hearing and mailed notice requirements for annexations and other unrelated
corrections.
1. NON-ANNEXATION - Section 10-8-2(A): General Application Requirements (page 4 of 37)
• Added the word “text” to clarify that a “text amendment” does not require an application
and can also be initiated by the majority beneficiary of a land trust and the Mayor.
2. ANNEXATION - Table 10-8-4(A): Summary of Board/Commission Review and Approval
Procedures (page 10 of 37) as detailed below:
Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
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 /D3 D3
Appeal D
Text Amendment A R1 D
Map Amendment A2 A R1 D
Annexations A2 A D
Annexation Agreements A2 A D4
Economic Incentive/Development
Agreement A2 A D
Key:
A = Advisory Body
R = Recommending Body
D = Decision Making Body
1 = Public Hearing Notice Required
2 = Optional Review Step at the Zoning Administrator's discretion
3 = Authorized Variances per Section 10-8-9.B
4 = Taxing Body Notice per Table 10-8-4 (B)(1)
• NON-ANNEXATION - Revised table regarding the petition review procedures for a
Variation to denote those authorized variations can be decided solely by the Planning and
Zoning Commission. This is to ensure that the text within the table is consistent with the
provisions approved under Section 10-8-9.B.
3
• ANNEXATION - Added “Annexation Agreements” as a separate petition from an
“Annexation”.
o As recommended by the City Attorney, voluntary petitions for annexations that do
not include requests for rezoning or variations should not require a public hearing.
This is also consistent with Division 1 of Article 7 of the Illinois Municipal Code
(65 ILCS 5/7-1-1, et seq.) which regulates the various means of annexing property
to a municipality.
o Therefore, any request by a developer/property owner/petitioner solely seeking
annexation, without a request for an annexation agreement, variance, or for
rezoning from the assigned R-1 designation upon annexation, will not be
required to have a public hearing, publish a notice in the newspaper or send
certified mailed notices.
• ANNEXATION - Noted that only “Annexation Agreements” require taxing body notice
as further defined in Table 10-8-4(B)(1) per Division 1 of Article 7 of the Illinois
Municipal Code (65 ILCS 5/7-1-1, et seq.).
• NON-ANNEXATION - Clarified that the Plan Council meeting requirement is an optional
review step, subject to the discretion of the Zoning Administrator, for Map Amendments
(Rezonings), Annexations, and Annexation Agreements.
• ANNEXATION - Removed the word “Hearing” from #1 under the Key within the Table
to read “1= Public Notice Required” and added the word “Public” in Section 10-8-4(B) for
consistency in terminology.
3. ANNEXATION - Table 10-8-49B)(1): Notice Methods by Board/Commission Review and
Action Procedure (page 10-11) as detailed below:
Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and
Action Procedure
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 ● ●
Annexation Agreements ● 1
Economic Incentive/Development
Agreement
Key:
● = Required Notice Method
1= Required Notice only to Trustees of Fire Protection District and Township
Trustees and Commissioner of Highways if the land to be annexed includes any
highway under township jurisdiction.
4
• ANNEXATION - Revised table to reflect petitions for “Annexation” without requests for
zoning or variances do not require a published notice or mailed notice.
• ANNEXATION - Revised table to reflect petitions for “Annexation Agreement” require a
published notice and require only a mailed notice to the Trustees of the Fire Protection
District and Township Trustees and Commissioner of Highways if the land to be annexed
includes any highway under the township jurisdiction to reflect state statute.
o This has been staff’s practice for all annexations, but this language clarifies and
codifies that process.
4. NON-ANNEXATION - Section 10-8-4(B)(2): Published Notice (page 11 of 37)
• Added the requirement for the legal description, parcel index number (PIN), and/or
address of the subject property, if applicable, to be included as part of the published
notice.
o This has been staff’s practice for all required published notices, but this language
clarifies and codifies that process.
5. ANNEXATION - Section 10-8-4(B)(3): Mailed Notice (page 11 of 37)
• Clarified that the mailed notices can either be sent by the applicant or the City, at the
discretion of the Zoning Administrator, and clarified that the mailed notices must be sent
within 15-30 days prior to the hearing date. This is consistent with the language for
published notice. Further, it explains an affidavit for mailing is only required when the
applicant sends the notices.
o This has been staff’s practice for all required mailed notices, but this language
clarifies and codifies that process.
• Adds Section 10-8-4(B)(3)(b). Annexation Agreements. This section establishes the
requirement for mailed notices for annexation agreement requests be sent to Trustees of
the Fire Protection District and Township Trustees and Commissioner of Highways if the
land to be annexed includes any highway under the township jurisdiction no less than ten
(10) days prior to the hearing date, per the Illinois Municipal Code statutes.
o This has been staff’s practice for all required mailed notices, but this language
clarifies and codifies that process.
6. NON-ANNEXATION - Section 10-8-4(C): Recording of Documents (page 11 of 37)
• Adds the word “map” to clarify that the requirement for recordation is for a map
amendment or rezoning.
7. NON-ANNEXATION - Section 10-8-6(D): Amendments to Approved Subdivisions (page 11
of 37)
• Added a reference to Section 10-8-3(D)(1) with regard to Minor Amendments to
Approved Subdivisions to make those provisions applicable here.
o Corrects an oversight in the previously approved UDO which did not add a
reference to Section 10-8-3(D)(1) which provides administrative authority to
correct errors or omissions on a filed Final Plat, such as legal description errors,
typographical and mapping errors, lot identification errors, and surveyor
corrections.
5
8. NON-ANNEXATION - Section 10-8-11. Text Amendments (page 32 of 37)
• Revised list of initiators of a text amendment to be consistent with previously proposed
revised Section 10-8-2(A)(2).
9. NON-ANNEXATION - Figure 8.4 Text Amendment Procedure (page 32 of 37)
• Corrected a typographical error on the chart to accurately reflect the procedure is for a
“text” amendment rather than a “map” amendment.
10. NON-ANNEXATION - Section 10-8-12. Map Amendments (page 33 of 37)
• Revised the Map Amendment Review Standards as follows:
o Added the text “make findings of fact…based upon the following standards” to
reflect these standards must be considered when determining a rezoning, per
Illinois State case law.
o Deleted duplicate standard “ The proposed Map Amendment is consistent with the
Comprehensive Plan and the purposes of this UDO.”
o Added text “unless otherwise granted relief as specified in Section 10-8-9.
Variations” to the standards which requires the proposed parcel(s) to be rezoned
meet the minimum frontage and area requirements of the requested zoning district.
o Added the following additional standards which were used previously under the
former Yorkville Zoning Ordinance and were recommended by the City Attorney
and staff to be inserted back into the considerations for rezoning to be consistent
6
with Illinois case law findings in LaSalle Nat’l Bank of Chicago v. County of Cook
(1957) and Sinclair Pipeline Co. v. Village of Richton Park (1960):
1. The community need for the proposed use, and
2. The length of time the property has been vacant as zoned considered in the
context of land development in the area in the vicinity of the subject
property.
11. ANNEXATION - Section 10-8-13. Annexations (page 35 of 37)
• Deletes incorrect reference to Annexation petitions may requiring a community meeting as
recommended by the Plan Council prior to the Planning and Zoning Commission public
hearing date.
o Annexation petitions do not require a public hearing before the Planning and
Zoning Commission.
o Inconsistent with proposed changes to Table 10-8-4(A): Summary of
Board/Commission Review and Approval Procedures.
• Deletes incorrect reference to City Council holding a public hearing for an annexation
petition.
o Annexation petitions that do not seek an annexation agreement do not require a
public hearing before City Council.
o Inconsistent with proposed changes to Table 10-8-4(A): Summary of
Board/Commission Review and Approval Procedures.
• Deletes the word “agreement” in Section 10-8-13(C) to clarify this provision is only
related to annexation petitions also requesting map amendment (rezoning) or variations.
• Adds the following language specific to petitions for Annexation Agreements:
o Petition for Annexation Agreement. All petitions for Annexation which does not
include requests for rezoning classification, other than those assigned to property
upon annexation into the City, or a request for variations, but seek other approvals
by the City Council shall require an annexation agreement. 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).
12. ANNEXATION - Figure 8.6 Annexation Procedure (page 36 of 37)
• Revised text to add “Agreement” to accurately reflect the flow chart is for “Annexation
Agreement” procedures rather than an “Annexation”.
• Removed the text regarding a Community Meeting to be consistent with the text in
Section 10-8-13: Annexation.
Staff Comments
Staff recommends adopting the proposed revisions to Chapter 8 of the UDO Review and Approval
Procedures, which will clarify the steps and requirements for petitions seeking entitlement approvals,
regulation changes, and public notices, while ensuring consistency with state statutes and case law.
7
Proposed Motion:
In consideration of testimony presented during a Public Hearing on September 11, 2024 and
discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to
the City Council of a request to amend Chapter 8 of the UDO Review and Approval Procedures in the
Unified Development Ordinance to revise and clarify general application requirements,
board/commission review, and procedures related to petitions for text and map amendments,
annexations, annexation agreements, and economic incentive/development agreements, as presented in
a staff memorandum dated September 4, 2024 and further subject to {insert any additional conditions
of the Planning and Zoning Commission}…
Attachments
1. Proposed redlined amendments to Chapter 8. UDO Review & Approval Procedures
2. Public Hearing Notice Affadavit
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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. .................................................................................................................................................... 21
10-8-8. Planned Unit Development ................................................................................................................................................. 24
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 Agreement .................................................................................................................. 36
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 perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11-
12-1 et seq.).
4. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass
under this Title.
5. 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.
6. To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning
Administrator or Zoning officer.
7. 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.
8. To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65
ILCS 5/11-13-1 et seq.).
9. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
10. To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the
Illinois Municipal Code.
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10-8-2. General Application Requirements
A. Authorization.
1. An application for any request or procedure, except for text 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 text amendment may be filed initiated by an owner, lessee, agent, majority beneficiary of a land
trust, or contract purchaser of property located in the City or by the Mayor and 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.
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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.
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.
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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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.
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.
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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.
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.
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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.
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.
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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
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.
Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
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 /D3 D3
Appeal D
Text Amendment A R1 D
Map Amendment A2 A R1 D
Annexations A2 A D
Annexation Agreements A2 A D14
Economic Incentive/Development Agreement A2 A D
Key:
A = Advisory Body
R = Recommending Body
D = Decision Making Body
1 = Public Hearing Notice Required
2 = Optional Review Step at the Zoning Administrator's discretion
3 = Authorized Variances per Section 10-8-9.B
4 = Taxing Body Notice per Table 10-8-4 (B)(1)
B. Public 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.
Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
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 ●
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Annexations ● ●
Annexation Agreements ● 1
Economic Incentive/Development Agreement
Key:
● = Required Notice Method
1= Required Notice only to Trustees of Fire Protection District and Township Trustees and
Commissioner of Highways if the land to be annexed includes any highway under township
jurisdiction.
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 legal
description, parcel index number (PIN), and/or address of the subject property, if applicable. 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 or the City, at the discretion of the Zoning Administrator, 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. The notice shall state the date, time, place, and purpose of the hearing, and
shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
a. Affidavit Required. If such notice is mailed by the applicant, The 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, andserved 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.
a.b. Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only 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 the Trustees of Fire Protection District, and Township Trustees
and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The
notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in
advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65
ILCS 5/7-1-1, et seq.)
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, map 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:
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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
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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 or meets the criteria set forth in Section10-8-
3(D)(1) of this Title, 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, other than those set forth in Section 10-8-
3(D)(1) of this Title, 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
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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.
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5. Construction and Inspection.
a. Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the
approved plans and specifications for the above improvements. Authorization to begin work will be given upon
receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision
roads intersect any presently existing road, and work must proceed in accordance with construction methods of
this section 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
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
Unified Development Ordinance Update Page 24 of 37
required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City
Council acceptance.
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.
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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Unified Development Ordinance Update Page 32 of 37
10-8-11. Text Amendments
A. Initiation of Text Amendments. Text Amendments to this UDO may be proposed by an owner, lessee, agent, majority
beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning
and Zoning Commission, Zoning Administrator, or City Administrator.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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Unified Development Ordinance Update Page 33 of 37
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 make findings of fact regarding
Map Amendments only if thebased upon 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.
3.2. The proposed Map Amendment is consistent compatible with the existing and planned uses and zoning of nearby
properties.
4.3. The subject property is suitable for the purposes of the proposed zoning district.
5.4. 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.
5. 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), unless otherwise granted relief as specified in Section 10-8-9. Variations.
6. The community need for the proposed use, and
6.7. The length of time the property has been vacant as zoned considered in the context of land development in the area in
the vicinity of the subject property.
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.
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
Unified Development Ordinance Update Page 34 of 37
Figure 8.5. Map Amendment Procedure
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
Unified Development Ordinance Update Page 35 of 37
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-Family 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.
C.D. Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification,
other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by
the City Council shall require an annexation agreement. 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).
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
Unified Development Ordinance Update Page 36 of 37
Figure 8.6. Annexation Agreement Procedure
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.
United City of Yorkville Chapter 8. UDO Review and Approval Procedures
Unified Development Ordinance Update Page 37 of 37
Figure 8.7. Economic Incentive/Development Agreement Procedure
Sold To:
United City of Yorkville - CU00410749
651 Prairie Pointe Drive
Yorkville,IL 60560
Bill To:
United City of Yorkville - CU00410749
651 Prairie Pointe Drive
Yorkville,IL 60560
Certificate of Publication:
Order Number: 7672727
Purchase Order: PZC 2024-17
State of Illinois - Kane
Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The
The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50)
weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of
Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a
newspaper as defined by 715 IL CS 5/5.
This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The
Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice
was made in the newspaper, dated and published on 7/29/2024, and the last publication of the notice was
made in the newspaper dated and published on 7/29/2024.
This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1.
PUBLICATION DATES: Jul 29, 2024.
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The Beacon-News
In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed
in Chicago, Illinois on this
29th Day of August, 2024, by
Chicago Tribune Media Group
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Chicago Tribune - chicagotribune.com
160 N Stetson Avenue, Chicago, IL 60601
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160 N Stetson Avenue, Chicago, IL 60601
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