Ordinance 2008-052 Ordinance No. a00 • 5 )
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 Zoning Code of Ordinances is amended so
that proper notice is given for zoning variations, special uses, amendments, and annexation agreements;
and that the application fees for variations, special uses, amendments, and annexation agreements are
properly regulated, 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 14 day of May
2008, 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.
Section 2. Title 10, Chapter14, Section 5 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection B in its entirety and replacing it with the following new
Subsection B:
B. Application for Variation; Hearing: An application for a variation shall be filed in
writing with the Zoning Officer. The application shall contain such information as the
Zoning Board of Appeals may from time to time, by rule, require. Variations other than
those authorized by this Section on which the Zoning Board of Appeals may act shall be
submitted to the Zoning Officer and acted on in the following manner:
1. Notice of Hearing: The City Clerk shall publish notice of a public hearing on
such application for variation, stating the time, place, and purpose of the hearing,
at least fifteen (15) but not more than thirty (3 0) days in advance of the hearing in
a newspaper of general circulation in the City.
The applicant shall provide notice of the public hearing to all property owners
whose lot or portion of a lot lies within 500 feet of the subject property, measured
from the subject property's boundary. The notice shall state the time, place, and
purpose of the hearing, and shall be sent not more than thirty (30) days in advance
of the hearing. The applicant shall send the 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. Copies of the return receipt
must be submitted to the Zoning Officer at least twenty -four (24) hours before the
hearing.
Section 3. Title 10, Chapterl4, Section 6 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection D in its entirety and replacing it with the following new
Subsection D:
D. Hearing on Application: Upon receipt of the application referred to above, the Plan
Commission shall hold at least one public hearing. The City Clerk shall publish notice of
such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but
not more than thirty (30) days in advance of the hearing in a newspaper of general
circulation in the City.
The applicant shall provide notice of the public hearing to all property owners whose lot
or portion of a lot lies within 500 feet of the subject property, measured from the subject
property's boundary. The notice shall state the time, place, and purpose of the hearing,
and shall be sent not more than thirty (30) days in advance of the hearing. The applicant
shall send the 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.
Copies of the return receipt must be submitted to the Zoning Officer at least twenty -four
(24) hours before the hearing.
Section 4. Title 10, Chapterl4, Section 7 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection B(2) in its entirety and replacing it with the following new
Subsection B(2):
2. Notices: The Zoning Officer shall give notice of the public hearing to the applicant.
The applicant shall provide notice of the public hearing to all property owners whose lot
or portion of a lot lies within 500 feet of the subject property, measured from the subject
property's boundary. The notice shall state the time, place, and purpose of the hearing,
and shall be sent not more than thirty (30) days in advance of the hearing. The applicant
shall send the 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.
Copies of the return receipt must be submitted to the Zoning Officer at least twenty -four
(24) hours before the hearing.
Section S. Title 10, Chapter14, Section 7 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection B(3) in its entirety and replacing it with the following new
Subsection B(3):
3. Publication: The City Clerk shall publish notice of such hearing stating the time,
place, and purpose of the hearing, at least fifteen (15) but not more than thirty (3 0) days
in advance of the hearing in a newspaper of general circulation in the City.
Section 6. Title 10, Chapter14, Section 8 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection B(2) in its entirety and replacing it with the following new
Subsection B(2):
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2. Public Notice and Hearing for Zoning Amendments and Variations in Annexation
Agreements: The Plan Commission shall hold a public hearing on the zoning amendment
aspects of Annexation Agreements. The City Clerk shall publish notice of such hearing
stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than
thirty (30) days in advance of the hearing in a newspaper of general circulation in the
City.
The applicant shall provide notice of the public hearing to all property owners whose lot
or portion of a lot lies within 500 feet of the subject property, measured from the subject
property's boundary. The notice shall state the time, place, and purpose of the hearing,
and shall be sent not more than thirty (30) days in advance of the hearing. The applicant
shall send the 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.
Copies of the return receipt must be submitted to the Zoning Officer at least twenty -four
(24) hours before the hearing.
In the event that a zoning variation is being requested as part of the annexation
agreement, the Zoning Board of Appeals shall hold a public hearing on the zoning
variation request in the annexation agreement. The City Clerk shall publish notice of
such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but
not more than thirty (30) days in advance of the hearing in a newspaper of general
circulation in the City.
The applicant shall provide notice of the public hearing to all property owners whose lot
or portion of a lot lies within 500 feet of the subject property, measured from the subject
property's boundary. The notice shall state the time, place, and purpose of the hearing,
and shall be sent not more than thirty (30) days in advance of the hearing. The applicant
shall send the 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.
Copies of the return receipt must be submitted to the Zoning Officer at least twenty -four
(24) hours before the hearing.
Section 7. Title 10, Chapter 14, Section 8 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection D in its entirety and replacing it with the following new
Subsection D:
D. Public Notice and Hearing for Annexation Agreement: At the conclusion of the
hearings before the City Plan Commission and Zoning Board of Appeals, and upon those
bodies reporting their specific findings and recommendations, the Mayor and City
Council shall set the time and place for hearing on the petition for annexation agreement.
Thereafter, the City Clerk shall publish notice of such hearing stating the time, place, and
purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance
of the hearing in a newspaper of general circulation in the City.
The applicant shall provide notice of the public hearing to all property owners whose lot
or portion of a lot lies within 500 feet of the subject property, measured from the subject
property's boundary. The notice shall state the time, place, and purpose of the hearing,
and shall be sent not more than thirty (30) days in advance of the hearing. The applicant
shall send the notice by certified mail properly addressed as shown on the County Tax
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Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested.
Copies of the return receipt must be submitted to the Zoning Officer at least twenty -four
(24) hours before the hearing.
Section 8. Title 10, Chapterl4, Section 9 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection A in its entirety and replacing it with the following new
Subsection A:
ANNEXATIONS $250.00 plus $10.00 /acre over 5 acres
AMENDMENTS
To the text of the Title $200.00
To the Zoning Map $200.00 plus $10.00 /acre over 5 acres
APPEALS FROM DECISIONS
OF THE ZONING ADMINISTRATOR $85.00
SPECIAL USES $250.00 plus $10.00 /acre over 5 acres
PLANNED UNIT DEVELOPMENTS $500.00
TEMPORARY USES $25.00
VARIATIONS $ 85.00
ZONING CERTIFICATES
Single - Family Residences $5.00
All Others $25.00
Section 9. Title 10, Chapterl4, Section 9 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection B in its entirety.
Section 10. Title 10, Chapter14, Section 9 of the United City of Yorkville Code of Ordinances is
hereby amended by deleting Subsection C in its entirety.
Section 11. 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
�y day of , A.D. 2008.
IT C
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ROBYN SUTCLIFF ,,, JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this o7'q
day of JuNr— 2008.
MAYOR T
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