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Ordinance 2010-37 Ordinance No. 2010- 3 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE ZONING CODE OF ORDINANCES 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, it is in the best interests of the City that the Zoning Code of Ordinances is amended so that the City can allow and regulate the manufacturing of alcoholic beverages in the M -1 Limited Manufacturing District, and allow and regulate microbrewenes/brew, pubs as a special use within business districts in order to protect the health, safety, and welfare of its citizens; and, WHEREAS, the Plan Commission convened and held a public hearing on the 9 day of June 2010, on the question of the text amendment to the Zoning Code of Ordinances; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the text amendment to the Zoning Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. i Section 2. Title 10, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following definitions: ALCOHOLIC BEVERAGE: Any beverage that is the product of distillation of fermented liquids whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol. BREW PUB: See definition of "microbrewery or brew pub." MICROWBREWERY OR BREW PUB: A restaurant - brewery that brews beer primarily for sale in a restaurant and is dispensed directly from the brewery's storage tanks. Total production capacity shall not exceed 15,000 barrels per calendar year (465,000 gallons). One (1) U.S. barrel is equivalent to thirty -one (3 1) gallons. Section 3. Title 10, Chapter 7, Article B (B -1 Limited. Business District), Section 2, Subsection A of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following allowed special use: Microbreweries/brew pubs, where if off - premise consumption is allowed, all sales must be in a hand - capped, sealed container with a total maximum production of 15,000 barrels per calendar year inclusive of on- premise and off - premise sales. Microbrewery/brew pub operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall not be more than twenty -five percent (25 %) of the total floor area. Section 4. Title 10, Chapter 8, Article A (M -1 Limited Manufacturing District), Section 1, Subsection A of the United City of Yorkville Code of Ordinances is hereby amended by the addition of the following permitted use: Beverages — alcoholic, with a total amount produced by any one manufacturer limited to a maximum of 15,000 barrels (465,000 gallons) per calendar year. Section S. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this �3 day of , A.D. 2010. bfWCURK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI l ARDEN JOSEPH PLOCHER u WALTER WERDERICH MARTY MUNNS y� ROSE ANN SPEARS GEORGE GILSON JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Q day of \3 2010. MAYOR I 2 I