Yorkville City Zoning Code

CHAPTER 4

USE STANDARDS

10-4-1. Agricultural Use Standards

Apiary. Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-2. Residential Use Standards

Dwelling, Duplex.

1.
The main entrances to a duplex shall face the primary street.
2.
A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this Title, shall be provided in an attached or detached garage. Attached garages are encouraged to be located on rear or side façades. If attached garages are located on the primary façade they shall comply with the following standards.
1. a.
  Setback a minimum of twenty-five (25) feet from the street right-of-way or the required front yard setback, whichever is greater.
2. b.
  Garage Set Ahead.
  1. (1)
    The garage may be set ahead a maximum of five (5) feet from the front façade of the home, inclusive of porches, bay windows, or other minor projections.
  2. (2)
    If the garage is set ahead from the front façade of the home, as detailed in (a) above, it shall not exceed forty-five (45) percent of the façade’s total width.
3. c.
  Garage In Line. If the garage is in line with the front façade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed fifty (50) percent of the façade’s total width.
4. d.
  Garage Set Behind.
  1. (1)
    The garage may be set behind the front façade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one (1) foot.
  2. (2)
    If the garage is set behind the front façade of the home, as detailed in (a) above, it shall not exceed fifty-five (55) percent of the façade’s total width.

Figure 4.1. Duplex Dwelling Standards

B.
Dwelling, Multi-Family.
1. 1.
  The main entrance to a multi-family dwelling shall face the primary perimeter or internal street, unless otherwise allowed in subsection (5) below.
2. 2.
  All off-street parking shall be located to the side or rear of the primary building. Off-street parking located to the side of the primary building shall be set back a minimum of one (1) foot from the front elevation of the primary building.
3. 3.
  A maximum of one (1) curb cut shall be permitted per street frontage unless otherwise recommended by the Public Works Director and approved by the Planning and Zoning Commission.
4. 4.
  Service areas, dumpsters, utilities and the required nonvegetative screening thereof shall not be visible from rights-of-way.
5. 5.
  Multi-Building Developments. Developments with multiple multi-family dwelling buildings shall meet the following additional standards.
  1. a.
    The primary façade shall include a building entrance and be oriented towards the following (listed in priority order). Primary façades shall not be oriented towards off-street parking lots, garages, or carports.
    (1)
    Perimeter Streets,
    (2)
    Internal Streets,
    (3)
    Parks or other common open space, or
    (4)
    Secondary internal streets.

Figure 4.2. Multi-Family Dwelling Standards

C.
Dwelling, Townhouse.
1. 1.
  The entrance to a townhouse shall face the primary public street unless otherwise approved.
2. 2.
  A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this UDO, shall be provided in an attached or detached garage.
3. 3.
  Attached garages shall be located on rear or side façades unless otherwise approved.
4. 4.
  A maximum width of a townhome cluster shall be two hundred (200) lineal feet.
5. 5.
  The siting of the townhouse units in a cluster shall be staggered in order to define street edges, entry points, and public gathering spaces.

Figure 4.3. Townhouse Dwelling Standards

D.
Mobile Home Park.
1. 1.
  The minimum site size shall be ten (10) acres.

Effective on: 1/1/1901

10-4-3. Lodging Use Standards

Short-Term Rental. Short-term rentals shall be subject to the hotel tax provisions established in Title 3, Chapter 1, Section 3-2-7 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-4. Commercial Retail Use Standards

Adult Uses.

1.
Limitations on Adult Uses.
1. a.
  Distance from another existing adult use: An adult use shall not be allowed within five hundred (500) feet of another preexisting adult use.
2. b.
  Distance from zoning districts: An adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for single-family suburban residence district (R-1), single-family traditional residence district (R-2), two-family attached residence district (R-2D), multi-family attached residence district (R-3), general multi-family residence district (R-4), local business district (B-1), mixed use district (B-2), general business district (B-3), agricultural district (A-1).
3. c.
  Distance from school or place of worship: An adult use shall not be located within five hundred (500) feet of a preexisting school or place of worship.
4. d.
  Distance from business selling alcoholic beverages and cannabis dispensaries: An adult use shall not be located in a building which contains another business that sells or dispenses in some manner alcoholic beverages or Cannabis Dispensing Organization as defined in this UDO.
5. e.
  Arterial roadways: Adult uses which are located next to an arterial roadway, as defined in the City's comprehensive plan, must provide a twenty-five (25) foot setback from any property line.
6. f.
  Nonarterial roadways: Adult uses which are located next to a nonarterial roadway, as defined in the City's comprehensive plan, must provide a ten (10) foot setback from the side and rear property lines and shall provide a twenty-five (25) foot setback from the front property line.
7. g.
  Traffic study: A traffic study may be required as part of the special use permit approval process.
2.
Measurement of Distance. For the purposes of this Section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel containing the nearest adult use, school, place of worship, cannabis dispensary, or district zone for residential use.
3.
Exterior Signage and Display. No adult use shall be conducted in any manner that permits the observation of any material, depicting, describing, or relating to "specified sexual activities", "specified anatomical areas" or otherwise deemed to be obscene by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
4.
Display of License and Permit. Every licensee (per Chapter 11 Section 3-11-5 of the City of Yorkville Code of Ordinances) shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.
5.
Employment of Persons Under the Age of Eighteen (18) Prohibited. It shall be unlawful for any adult use licensee or their manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.
6.
Hours of Operation. All areas within the premises of an adult use business shall be cleared of customers and secured from customers and the public in general during the time when not permitted open for operation, and no person, other than the licensee or their employees or agents, shall be permitted within the area of such premises during such hours as listed below:
1. a.
  Monday through Saturday: 7:00am to 1:00am the next day
2. b.
  Sunday: 11:00am to 1:00am the next day
7.
Violation and Penalty. Each day of violation of the requirements of this Section shall constitute a separate and punishable offense.

Effective on: 1/1/1901

10-4-5. Commercial Service Use Standards

Indoor Shooting Gallery/Gun Range.

1.
When located in a multiple-tenant building, shall only be located in an end unit and with the gallery/range not adjacent to an adjoining unit.
2.
The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet from any property line that abuts a residentially zoned property.
3.
The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty-five (25) percent of the total floor area.

Storage, Outdoor Self-Storage.

1.
All storage facilities shall be in completely enclosed buildings or structures when located in a Manufacturing Zoning District or when located within one hundred fifty (150) feet of a property in a Residential Zoning District.
2.
There shall be a minimum of twenty (20) feet between buildings.
3.
Truck and storage pod rentals are permitted accessory uses.

Effective on: 1/1/1901

10-4-6. Commercial Entertainment Use Standards

Commercial Entertainment, Outdoor.

1.
All golf course and driving range perimeters shall be fully enclosed in netting not less than thirty-two (32) feet in height, with the maximum height to be established in the Special Use process as specified in Section 10-8-5.
2.
The netting shall be at least ninety (90) percent transparent.

Golf Course.

1.
Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be nearer than five hundred (500) feet to any dwelling on an adjacent zoning lot, with the exception of golf courses in the A-1 District where the minimum separation requirement shall be three hundred (300) feet.

Effective on: 1/1/1901

10-4-7. Eating and Drinking Use Standards

Brewpub.

1.
Brewpubs operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area. If off-premises consumption is allowed, all sales must be in a sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises.

Microbrewery/Microwinery/Microdistillery

1.
Microbreweries.
1. a.
  Microbreweries, where if off-premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises sales.
2. b.
  Microbrewery operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area.
2.
Microdistilleries and Microwineries.
1. a.
  Outdoor storage of equipment, production waste or product for microdistilleries and microwineries is strictly prohibited when located in a business district. However, outdoor storage of spent grains or grapes may be permitted to be stored outdoors in appropriate silos or containers in the manufacturing districts, provided the storage is screened from public view. Screening may be with fencing, landscaping, or a combination of both.
2. b.
  All microdistilleries and microwineries located in business districts must have off-street or rear accessible loading and unloading facilities.
3. c.
  Microdistilleries or microwineries located in business districts must include an ancillary tasting room with a minimum of one hundred fifty (150) square feet. Retail sales of the product from a microdistillery or microwinery are permitted on-site and shall be consistent with state and City laws.

Effective on: 1/1/1901

10-4-8. Medical Use Standards

RESERVE

Effective on: 1/1/1901

10-4-9. Vehicle Related Use Standards

Automobile Rental; Automobile Sales and Service/Open Sales Lot; Boat Sales and Rental; Recreational Vehicle Sales and Rental; and Truck and Trailer Sales/Rental.

1.
Open sales and rental lots shall be exempt from the landscape spacing requirements for the parking area perimeter zone and instead may cluster required landscape elements in order to preserve views to goods offered for sale.
2.
Outdoor facilities shall be enclosed by an opaque fence or wall a minimum six (6) feet in height.

Effective on: 1/1/1901

10-4-10. Energy Industrial Uses

Data Center

1.
Landscape Buffer - when adjacent to non-manufacturing zoned land use
1. a.
  In addition to Section 10-5-3 the following requirements apply:
  1. (1)
    Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential, commercial, school, public institutional, etc.).
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
  3. (3)
    Required 8-foot-tall berms when adjacent to residential subdivisions.
2.
Landscape Buffer - when adjacent to roads
1. a.
  Minimum of a 100-foot landscape buffer along any public roadway.
  1. (1)
    Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F.
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
3.
Building Separation
1. a.
  Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure.
4.
Maximum Height
1. a.
  Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment.
  1. (1)
    The use of rooftop mounted HVAC or other mechanical units shall require the approval of City Council.
5.
Noise Study and Noise Mitigation
1. a.
  All applications for data centers shall provide an initial noise study at Planned Unit Development (PUD) review and a final noise study at permitting review, both of which will be subject to review by the City's sound engineering consultant.
2. b.
  The initial noise study must include the following:
  1. (1)
    A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility's design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville's Code of Ordinances.
  2. (2)
    For the initial study, noise source data for the cooling equipment can be based on generic or manufacturer-provided data. The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the ordinance.
3. c.
  For the final noise study, noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels.
4. d.
  Data center developers must include a mitigation plan in their final noise study to ensure that operational noise does not exceed the local noise limits detailed in Yorkville's Code of Ordinances, including the penalty for tonal equipment.
5. e.
  All major mechanical equipment (i.e. generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction or screened with acoustic barriers as needed to meet the City noise ordinance.
  1. (1)
    Whenever possible, backup generators and condensers shall be placed on the side of the building(s) or the facility, that is farthest from residential structures.
6. f.
  The Applicant must provide a noise impact assessment report for review by the City. The report must describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City's noise ordinance will be met.
7. g.
  An annual noise monitoring will be conducted by the City's sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance. Alternatively, continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the development to help verify ongoing noise ordinance compliance.
6.
Operational Testing
1. a.
  Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non-holidays.
7.
Nuclear Energy
1. a.
  Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based energy.
8.
Phasing Plan
1. a.
  Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures.
9.
Fencing
1. a.
  Fencing shall be security style aluminum, steel, wrought iron, or similar materials.
2. b.
  Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses.
10.
Lighting and Photometric
1. a.
  Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting.
11.
Traffic Management Plan
1. a.
  A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction.
12.
Battery Storage
1. a.
  Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD) for firefighting efforts.
13.
Emergency Operations Plan
1. a.
  Emergency Operations Plan (EOP) shall be submitted and approved by the City and the Bristol Kendal Fire Protection District (BKFD) prior to issuance of a building permit and must include:
  1. (1)
    Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident.
  2. (2)
    The location of any battery storage systems.
  3. (3)
    Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit.
  4. (4)
    Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public.
  5. (5)
    Must work with KenCom emergency managers to be part of text or siren alert systems.
14.
Building Code Enhanced Standards
1. a.
  Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards.
2. b.
  Compliance with National Fire Protection Association 855.
15.
Appearance Standards
1. a.
  Appearance standards shall comply with the requirements outlined in Section 10-5-8.C.4.

(Ord. No. 2025-53, effective 06/27/2025)

Effective on: 6/27/2025

10-4-11. Industrial Use Standards

Artisan Manufacturing.

1.
Gross floor area shall not exceed ten thousand (10,000) square feet.
2.
Outdoor storage and/or outdoor operations or activities shall be prohibited.
3.
Retail sales of goods manufactured on-site shall be permitted but shall be limited to twenty-five (25) percent of the total area of the building.
4.
A maximum of one (1) residential unit shall be permitted as a special use, but shall be limited to the upper floor or to the rear of the artisan manufacturing use and shall not exceed twenty five (25) percent of the gross floor area.

Assembly, Production, Manufacturing, Testing, Repairing, or Processing.

1.
All related activity shall take place within completely enclosed buildings unless otherwise specified.
2.
Within one hundred fifty (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts, all storage shall be in completely enclosed buildings or structures.
3.
Storage not located within one hundred (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) with a minimum height of eight (8) feet. In no case shall the solid walls or fences be lower in height than the enclosed storage.
4.
Solid fences or walls enclosing storage shall be meet the building foundation landscape requirements per Section 10-5-3(C).

Effective on: 1/1/1901

10-4-12. Transportation Use Standards

RESERVE

Effective on: 1/1/1901

10-4-13. Alternative Energy Use Standards

General Requirements for all Alternative Energy Uses.

1.
Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City.
2.
Use. Solar and Wind Farms shall be an accessory to the principal permitted use of a site.
3.
Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4.
Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
5.
Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation.
6.
Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights.
7.
Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause the shadow flicker.
8.
Screening. There shall be no required mechanical screening for alternative energy systems.
9.
Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding properties.
10.
Compliance. Wind energy systems shall meet or exceed current standards of the international building code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes.
11.
Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense.

Solar Farm.

1.
No solar farm shall be erected on any lot less than three (3) acres in size.
2.
A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty (80) percent of a given parcel in any other District.
3.
A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.
4.
Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
1. a.
  Evidence shall be provided that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator.
5.
Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited.
6.
Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted.
7.
Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels.
8.
Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of:
1. a.
  Front and Corner Yards: one hundred (100) feet,
2. b.
  Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.
3. c.
  Buffer Areas: one thousand (1,000) feet from the nearest solar array to roadway networks, as defined in Figure 7.1: Existing Roadway and Rail Network of the 2016 United City of Yorkville Comprehensive Plan Update.
4. d.
  Fox River: one thousand (1,000) feet from the nearest solar array to the edge of the bank of the Fox River.
9.
Systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
1. a.
  Warnings.
  1. (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  2. (2)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
10.
Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
11.
Materials Handling, Storage, and Disposal.
1. a.
  All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
2. b.
  A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state and federal laws.
12.
Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include:
1. a.
  Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component.
2. b.
  Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
3. c.
  Provisions for the restoration of the natural soil and vegetation,
4. d.
  An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
5. e.
  Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
6. f.
  A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.4. Solar Farm Standards

1. 13.
  Solar Glare: Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
2. 14.
  Easement: A blanket easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code.

C.
Building-Mounted Solar Energy Systems.
1. 1.
  Location. Building-mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met:
  1. a.
    Solar access is optimized on the front and exterior side facades.
  2. b.
    Systems are simultaneously used to shade the structure's doors or windows.
2. 2.
  Height. Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush-mounted, the system must be less than eight (8) inches from the roof surface. Refer to Figure 4.5 of this Section.
3. 3.
  Quantity. The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached.
4. 4.
  Projection. The system may project up to four (4) feet from a building facade or roof edge. The system may project into an interior side or interior rear setback but shall be no closer than five (5) feet to the interior side or interior rear property line.

Figure 4.5. Building-Mounted Solar Energy System Standards

D.
Freestanding Solar Energy Systems – Accessory Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines.
2. 2.
  Permitted Yard Locations. Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of freestanding solar energy systems shall be fifteen (15) feet unless otherwise approved by the Zoning Administrator.

Figure 4.6. Freestanding Solar Energy System - Accessory Use Standards

E.
Freestanding Solar Energy System - Principal Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall meet the setbacks established for the district in which the system is located.
2. 2.
  Permitted Yard Locations. A freestanding solar energy system shall not be located closer to the public right-of-way than the front façade of the principal building on the adjacent lot(s). They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of a freestanding solar energy system shall be fifteen (15) feet unless otherwise approved.
F.
Wind Farm.
1. 1.
  No wind farm shall be erected on any lot less than four (4) acres in size.
2. 2.
  Design and Installation.
  1. a.
    Safety Certification.
    (1)
    Wind farm systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energic (GL), or an equivalent third party prior to plan approval.
    (2)
    Following plan approval, a professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the wind farm system is within accepted professional standards, given local soil and climate conditions.
  2. b.
    Controls and Brakes. All wind farm systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
  3. c.
    Electrical Components. All electrical components of the wind farm systems shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical commission). Utility lines connecting the towers, substations, etc., shall be placed underground where practical.
  4. d.
    Turbine Consistency. To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction.
  5. e.
    Warnings.
    (1)
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
    (2)
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (3)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
    (4)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
  6. f.
    Climb Prevention. All wind farm towers must be unclimbable by design or protected by anti-climbing devices such as:
    (1)
    Fences with locking portals at least six (6) feet high, or
    (2)
    Anti-climbing devices twelve (12) feet vertically from the base of the wind farm tower.
  7. g.
    Setbacks. Wind farm towers and appurtenant structures shall meet the following minimum setbacks.
    (1)
    Wind farm towers shall be six (6) times the height of the wind farm tower or at least three thousand, two hundred fifty (3,250) feet, whichever is greater, from any principal structure or use on the subject or neighboring property.
    (2)
    Wind farm towers shall be one and one-tenth (1.10) times the wind farm tower height from public roads, third party transmission lines, and communication towers.
    (3)
    Wind farm towers shall be one thousand six hundred forty (1,640) feet from adjacent property lines, as measured from the center of the wind farm tower foundation.
    (4)
    No part of a wind farm tower or foundation shall encroach on a public or private sewage disposal (septic) system
    (5)
    Above ground transmission facilities and poles shall be set back one-hundred fifty (150) feet from any portion any principal structure or use on the subject or neighboring property.
  8. h.
    Use of Public Roads. An applicant, owner, or operator proposing to use any City or County Road for the purpose of transporting and installation of wind farm or substation parts and/or equipment for construction, operation, or maintenance of the wind farm or substations, shall:
    (1)
    Identify all such public roads, and
    (2)
    Obtain applicable weight and size permits from relevant government agencies prior to construction.
    (3)
    To the extent an applicant, owner, or operator must obtain a weight or size permit from the City, County, or State, the applicant shall provide:
    (a)
    Financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to public roads caused by constructing, operating, or maintaining the wind farm prior to the issuance of building permits.
    (b)
    A signed copy of any agreements pertaining to the use of public roads prior to the issuance of building permits.
  9. i.
    Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
3. 3.
  Operation.
  1. a.
    Maintenance.
    (1)
    The owner or operator of the wind farm must submit, upon request a summary of the operation and maintenance reports to the City. In addition to the annual summary mentioned in this subsection, the owner or operator must furnish such operation and maintenance reports, as the City reasonably requests.
    (2)
    Any replacement of equipment that is not a like-kind replacement using the same equipment in plan as approved shall require that an amendment to the special use.
  2. b.
    Materials Handling, Storage, and Disposal.
    (1)
    All solid wastes related to the construction, operation, and maintenance of the wind farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
    (2)
    A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the wind farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.
  3. c.
    Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the wind farm project is properly decommissioned, which shall include:
    (1)
    Provisions describing the triggering events for decommissioning the wind farm project. Any nonfunctioning wind turbine of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such wind turbine or component.
    (2)
    Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
    (3)
    Provisions for the restoration of the natural soil and vegetation,
    (4)
    An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
    (5)
    Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
    (6)
    A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.7. Wind Farm Standards

G.
Building-Mounted Wind Energy Systems.
1. 1.
  Location. Building-mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.
2. 2.
  Setback. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof.
3. 3.
  Quantity. One (1) turbine is allowed for every five hundred (500) square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation.
4. 4.
  Noise. Building-mounted wind energy systems shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
5. 5.
  Height. The maximum height for a building-mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches ten to twelve (10:12) or greater. The system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 4.8 of this Section.
6. 6.
  Design. All systems shall employ a helix-style design employing airfoil blades mounted on a vertical rotor shaft. Fan-and turbine-style designs shall be prohibited.
7. 7.
  Appearance Standards. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
8. 8.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
  3. c.
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  4. d.
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.8. Building-Mounted Wind Energy Systems

H.
Freestanding Wind Energy System – Accessory Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.9 of this Section.
2. 2.
  Permitted Yard Locations. A freestanding wind energy system shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding wind energy system shall be prohibited.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. A freestanding wind energy system and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.

Figure 4.9. Freestanding Wind Energy System - Accessory Use Standards

I.
Freestanding Wind Energy System – Principal Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.10 of this Section.
2. 2.
  Permitted Yard Locations. All parts of any freestanding wind energy system shall meet the setbacks established for the district in which the system is located.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
7. 7.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer. The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.10. Freestanding Wind Energy System - Principal Use Standards

(Ord. No. 2024-11, effective 03/26/2024)

Effective on: 3/26/2024

10-4-14. Medical and Adult Use Cannabis Use Standards

General Requirements for all Cannabis Uses.

1.
Business Hours. Business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays.
2.
On-Premises Consumption. On-premises consumption of cannabis products in all cannabis businesses operations is prohibited.
3.
Signage.
1. a.
  Recreational cannabis dispensaries shall be limited to one (1) wall-mounted sign per business.
2. b.
  All cannabis establishments shall be prohibited from having electronic message board signs.
3. c.
  Signage for cannabis establishments shall not contain cannabis imagery such as leaves, plants, smoke, paraphernalia, or cartoonish imageries.

Cannabis Craft Grower.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, unless in the A-1 zoning district where the residential use is owned by the same owner as the adult-use cannabis craft grower, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis craft growers may co-locate with a dispensing organization or a cannabis infuser organization, or both, only on properties zoned within the M-1 or M-2 districts.
5.
Cannabis craft grower shall be limited to one (1) facility within the boundaries of the City.

Cannabis Cultivation Center.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this Section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis cultivation center shall be limited to one (1) facility within the boundaries of the City.

Cannabis Dispensing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility shall have a maximum gross floor area of five thousand (5,000) square feet, of which at least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act and shall not sell food or alcohol for consumption on the premises.
4.
Drive-through facilities are prohibited.
5.
E-commerce delivery service platforms are prohibited.
6.
Cannabis dispensing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Infuser Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Infuser organizations may co-locate with a dispensing organization or a cannabis craft grower organizations, or both, only on properties zoned within the M-1 or M-2 Districts. In such instances, the maximum gross floor area dedicated to the dispensing organization shall be five thousand (5,000) square feet of which seventy-five (75) percent of the floor area must be devoted to the activities authorized by the Act.
4.
Cannabis infuser organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Processing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
At least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act, and shall not sell food or alcohol for consumption on the premises.
4.
Cannabis processing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Transporting Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
The transporting organization shall be the sole use of the space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis transporting organization shall be limited to one (1) within the boundaries of the City.

Effective on: 1/1/1901

10-4-15. Institutional, Public, and Utility Use Standards

Telecommunication Tower and Antennae.

1.
Applicability.
1. a.
  New Towers and Antennas. All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through E of this section inclusive.
2. b.
  Amateur Radio Station Operator/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet.
3. c.
  Preexisting Towers or Antennas. Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of Sections 10-4-15(A)(2)(f), (A)(2)(h), and (A)(2)(r) of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
4. d.
  AM Array. For purposes of implementing this chapter, AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
5. e.
  Within Public Right-of-Way: If the tower and/or antenna is situated within the public right-of-way, such tower and/or antenna must meet the requirements of title 7, chapter 8, "Construction of Utility Facilities in Rights-of-Way", of this Code.
2.
General Requirements.
1. a.
  Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2. b.
  Lot Size. For purposes of determining whether the installation of a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3.
Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
1. a.
  Aesthetics. Towers and antennas shall meet the following requirements:
  1. (1)
    Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
  2. (2)
    At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.
  3. (3)
    If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2. b.
  Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
3. c.
  State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
4. d.
  Building Codes/Safety Standards. Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the City of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense.
5. e.
  Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries.
6. f.
  Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
7. g.
  Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the City of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250) feet of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty (250) feet.
8. h.
  Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.
9. i.
  Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 10-4-15(A)(4)(k) of this chapter.
10. j.
  Multiple Antenna/Tower Plan. The City of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
11. k.
  Antenna on Existing Structures. Any antenna may be approved by the City of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
  1. (1)
    The antenna does not extend more than thirty (30) feet above the highest point of the structure;
  2. (2)
    The antenna complies with all applicable FCC and FAA regulations; and
  3. (3)
    The antenna complies with all applicable building codes and safety standards as referenced in subsection g of this section.
12. l.
  Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
  1. (1)
    Additional Antenna. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as a monopole.
  2. (2)
    Height.
    (a)
    An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate the collocation of an additional antenna.
    (b)
    The height change referred to in subsection (O)(2)(a) of this section may only occur one (1) time per communication tower.
    (c)
    The additional height referred to in subsection (O)(2)(a) of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.
  3. (3)
    On-Site Location.
    (a)
    A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within fifty (50) feet of its existing location.
    (b)
    After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
    (c)
    A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter.
    (d)
    The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this zoning ordinance shall only be permitted when approved by the Zoning Officer.
  4. (4)
    New Towers in Nonresidential Zoning Districts. An applicant may locate any new tower as provided in Table 10-3-12(B), provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the Zoning Officer concludes the tower is in conformity with the goals set forth in this subsection o and the requirements of this subsection; c) the tower meets the setback and separation requirements Section 10-4-15(A)(4)(e) of this chapter; and d) the tower meets the following height and usage criteria:
    (a)
    For a single user, up to and including one hundred twenty (120) feet in height;
    (b)
    For two (2) users, up to one hundred fifty (150) feet in height; and
    (c)
    For three (3) or more users, up to and including one hundred eighty (180) feet in height.
13. m.
  Roadway Access. All sites on which antennas, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven (7) inches thick surfaced with not less than two (2) inches of asphaltic concrete or some comparable dustless material.
14. n.
  Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six (6) feet in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases.
15. o.
  Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area.
16. p.
  Annual Administrative Fee and Certifications.
  1. (1)
    The annual administration fee payable to the City of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty-five (35) dollars which shall be due on or before January 10th of each calendar year commencing with calendar year 2001.
  2. (2)
    In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the City under the terms of this subsection, the owner and/or operator shall reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said inspection which shall be a minimum of three hundred fifty (350) dollars and any additional cost incurred therein.
  3. (3)
    The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower.
    (a)
    Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this Code, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
    (b)
    Waiver of Provisions. An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply.
4.
Permitted Uses.
1. a.
  General. The following uses listed in this section are deemed to be permitted uses and shall not require a special use permit.
2. b.
  Uses. Antennas, antenna structures and towers are permitted as an accessory use as provided in Table 10-3-1(B) except that part of any zoning district which is located in a floodplain, so long as said antennas or towers conform to the following and all other requirements of this title:
  1. (1)
    Antennas and towers may be located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and City Hall and police station-sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville.
  2. (2)
    Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to Section (A)(2)(a) through (s).
5.
Special Uses and Accessory Uses.
1. a.
  General Provisions.
  1. (1)
    Radio and telecommunications and towers used for radio transmission, or television transmission when allowed as a Special Use shall be subject to the special use provisions contained within Section 10-8-5 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter.
  2. (2)
    In granting a special use permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
  3. (3)
    Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
  4. (4)
    An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the City Council of Yorkville to reimburse Yorkville for the cost of reviewing the application.
  5. (5)
    Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts and for the following uses.
    (a)
    R-1, Single-Family Suburban Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities only;
    (b)
    R-2, Single-Family Traditional Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities.
2. b.
  Information Required. In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied:
  1. (1)
    Legal description of the parent track and leased parcel (if applicable);
  2. (2)
    The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property;
  3. (3)
    The separation distance from other structures in the inventory of existing sites submitted pursuant to Section 10-4-15(A)(2)(c) shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known;
  4. (4)
    A landscape plan showing specific landscape materials; the method of fencing and finish color and, if applicable, the method of camouflage and illumination;
    (a)
    A description of compliance with Sections 10-4-15(A)(2)(c)(e)(f)(g)(h)(i)(m) of this chapter and all applicable federal, state or local laws;
    (b)
    A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
    (c)
    Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville;
    (d)
    A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
    (e)
    A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
  5. (5)
    An applicant shall be notified within thirty (30) days if the application is incomplete. The City shall make a decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150) days of the receipt of a completed application.
3. c.
  Factors Considered in Granting Special Use Permits: The City of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in Section 10-8-5 of this title. The City of Yorkville may waive or reduce the burden on the petitioner of one (1) or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby.
  1. (1)
    Height of the proposed antenna, antenna structure or tower;
  2. (2)
    Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries;
  3. (3)
    Nature of uses on adjacent and nearby properties;
  4. (4)
    Surrounding topography;
  5. (5)
    Surrounding tree coverage and foliage;
  6. (6)
    Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
  7. (7)
    Proposed ingress and egress.
4. d.
  Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet.
5. e.
  Setbacks and Separation.
  1. (1)
    Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off-site, residential structure. Antenna structures, guylines, and equipment shelters must satisfy the minimum setback requirements for the governing zoning district.
  2. (2)
    Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Plan Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower:
    (a)
    Separation From Off-Site Uses/Designated Area.
    (i)
    Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 10-4-15(A)(5)(e)(2) of this section.
    (ii)
    Separation requirements for towers shall comply with the minimum standards established in Table 10-4-15(A)(5)(e)(2) of this section.

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

1. 1. (3)
    Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances shall be as shown in Table 10-4-15(A)(5)(e)(3) of this section.

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

1. 1. f.
    Siting on Wetland Prohibited. No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the City of Yorkville, Kendall County, the State of Illinois Department of Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers, and any and all governmental bodies and agencies having jurisdiction.
  2. g.
    FCC Signage. To the extent that signage is required by the FCC on an antenna structure, or tower, that signage shall constitute no more than five (5) percent of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
  3. h.
    Preservation of Landscape. Existing mature tree growth and natural landforms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.
  4. i.
    Utilities and Access Required. Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for small wireless services, small wireless facilities, and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried.
  5. j.
    Signal Interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied.
  6. k.
    Equipment Shelter and Equipment Cabinets. A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty (20) percent of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one (1) antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one (1) roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site.
  7. l.
    Equipment Cabinets.
    (1)
    In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area and the cabinet/structure is located a minimum of six (6) feet from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty-two (42) inches to forty-eight (48) inches and a planted height of at least thirty-six (36) inches.
    (2)
    In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty-six (36) inches.
    (3)
    In business and manufacturing districts the equipment cabinet or structure shall be no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
  8. m.
    Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the National Electrical Code, NFPA 70 and International Building Code; Radio, Television Towers Codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the Federal Aviation Administration.
  9. n.
    Removal of Abandoned Antennas, Antenna Structures, or Towers. Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower.
  10. o.
    Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the Zoning Board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of small wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed small wireless facility, where collocation is technologically feasible.
2. 6.
  Nonconforming Uses.
  1. a.
    Prohibited Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
  2. b.
    Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
  3. c.
    Rebuilding Damaged or Destroyed Nonconforming Antennas, Antenna Structures or Towers. Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 10-4-15(A)(4)(n) of this chapter.
3. 7.
  Annual Reporting of Information. Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the City of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect.

Effective on: 1/1/1901

10-4-16. Accessory Use Standards

Accessory Buildings and Accessory Structures, Permanent.

1.
Location. Accessory buildings and structures shall be subject to the following locational requirements:
1. a.
  If located entirely within the required rear or side yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
2. b.
  Only accessory buildings shall be located at least ten (10) feet from the principal building, however, accessory structures may be attached to or located adjacent to the principal building.
3. c.
  If located entirely within the buildable area of the lot, the accessory building or structure shall not be located between the primary building and the front property line.
4. d.
  No permanent accessory building or structure shall be located within a public utility easement or within a designated stormwater overflow route.
5. e.
  If located partially in a required yard and partially in the buildable area of the lot, the accessory building or structure shall maintain the required side setback for the full length of the property and be a minimum of five (5) feet from the rear property line.

Figure 4.11. Permanent Accessory Buildings and Accessory Structures Standards

1. 2.
  Location on Reversed Corner Lots. On a reversed corner lot in a residence district and within fifteen (15) feet of any adjacent property to the rear in a residence district, no accessory building or permanent accessory structure or portion thereof shall be closer to the side lot line abutting the street than a distance equal to sixty (60) percent of the minimum depth required in Table 10-3-9(A) for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building or structure shall be located within five (5) feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.

Figure 4.12. Permanent Accessory Building and Accessory Standards - Location on Reversed Corner Lots

ermanent Accessory Building and Accessory Structure Location on Reversed Corner Lots

1. 3.
  Time of Construction. No accessory building or permanent accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory, or as provided in section 10-3-3 of this title for contiguous parcels.
2. 4.
  Height of Accessory Buildings or Structures in Required Rear Yards. No accessory building or permanent accessory structure or portion thereof shall exceed fifteen (15) feet in height when located within the required rear yard.
B.
Accessory Commercial Unit
1. 1.
  Only one (1) ACU may be allowed per lot.
2. 2.
  An accessory commercial unit (ACU) shall be located in a permanent accessory building or structure subject to all standards in Section 10-4-16(A).
3. 3.
  Outdoor seating, drive-throughs, outdoor display areas, and rooftop decks associated with an ACU shall be prohibited.
4. 4.
  An ADA-compliant pedestrian circulation system shall connect the primary entrance of the ACU building with the sidewalk in a way that does not require out-of-direction travel.
5. 5.
  The hours of operation shall be limited to between 7 am and 9 pm daily.
6. 6.
  The City Council may limit the number of customers or clientele served by the ACU per day during the Special Use Permit process.
7. 7.
  The ACU shall use the same mailbox, water meter, and trash containers as the principal use. The use of additional mailboxes, water meters, or trash containers by the secondary dwelling unit separate from the principal use shall be prohibited.
8. 8.
  The owner of the property on which the ACU is situated shall continue to occupy the principal residential structure on-site as their primary residence.
C.
Domestic Hens. The keeping of domestic hens shall be subject to the provisions of Title 8, Chapter 19 of the City of Yorkville Code of Ordinances.
D.
Drive Throughs.
1. 1.
  Drive throughs shall be permitted a maximum of four (4) menu boards per lane.
2. 2.
  Each menu board or pre-order board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu boards and pre-order boards may utilize electrically activated changeable copy message centers for one hundred (100) percent of the permitted menu board or pre-order board area and must follow all regulations of Section 10-6-5(B).
3. 3.
  Any structural element of a drive through, including pavement, speaker boxes, or menu signs shall be located a minimum distance of five hundred (500) feet from the property line of any residentially zoned parcel.
4. 4.
  Any speaker or intercom associated with a drive through shall not be audible beyond the boundaries of the property.
5. 5.
  Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, shall not cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.
6. 6.
  Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated, subject to City Engineer approval.
7. 7.
  Drive through facilities shall be provided with a bypass lane with a minimum width of twelve (12) feet unless an alternative means of exit is approved by the City Engineer.
8. 8.
  Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths:
  1. a.
    One (1) lane: twelve (12) feet.
  2. b.
    Two (2) or more lanes: ten (10) feet per lane.
  3. c.
    Drive through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 10-4-16(D).

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Figure 4.13. Accessory Dwelling Unit Standards

E.
Recreational Vehicle, Trailer, and Boat Parking.
1. 1.
  Permanently Affixing to Ground Prohibited. Recreational vehicles, trailers, and other recreational equipment shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district.
2. 2.
  Improved Hard Surface. Recreational vehicles, trailers, boats, and other recreational equipment shall be parked on a driveway or a parking pad as specified in Section 10-5-2(B)(4) if constructed in a front or side yard but may be parked on the grass if located in the rear yard as approved only by the City Engineer.
3. 3.
  Number. A maximum of one (1) recreational vehicle, trailer, boat, or other recreational equipment shall be parked on a lot any given time, in addition to any automobiles permitted by the Zoning Ordinance.
4. 4.
  Location. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following:
  1. a.
    If located entirely within the required rear yard the recreational vehicle, trailer, boat, or other recreational equipment shall be located a minimum of five (5) feet from side and rear property lines,
  2. b.
    If located entirely within the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall not be located between the primary building and the front property line, or
  3. c.
    If located partially in the required rear yard and partially in the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
5. 5.
  Screening. If a recreational vehicle, trailer, boat, or other recreational equipment is parked on a driveway located within the required side yard setback it shall be screened from the adjacent property with a six (6) foot high opaque fence.
F.
Home Occupations. The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the existing character of the surrounding area. Any gainful activity which is not a permitted home occupation as defined in this title shall be considered a business use and shall not be allowed under the provisions of this Section. Any such use existing on the effective date of this title shall be subject to provisions of Chapter 9 for the elimination of a nonconforming use.
1. 1.
  Any customary home occupation shall be permitted provided that:
  1. a.
    It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes.
  2. b.
    It does not require internal or external alteration;
  3. c.
    It does not involve construction features or use of equipment not customary in a dwelling;
  4. d.
    The entrance to the space devoted to such occupation shall be from within the dwelling;
  5. e.
    Not more than twenty-five (25) percent of the floor area, including the lookout basement, of the dwelling shall be devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five (25) percent of the floor area of the dwelling;
  6. f.
    There is no display or activity that will indicate from the exterior of the dwelling that it is being used in part for any use other than a dwelling.
  7. g.
    No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or household purposes;
  8. h.
    Off-street parking is provided in accordance with the provisions of Section 10-5-1(H), of this title;
  9. i.
    Limited amounts of goods, commodities or stock in trade shall be received, retained, used, or stored on, or physically transferred from the premises;
  10. j.
    Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwellings; It does not interfere with the reasonable use and enjoyment of adjacent properties, such as, but not limited to, those home occupations that create any form of electromagnetic interference or cause fluctuation in line voltage outside of the dwelling in which the home occupation is conducted;
  11. k.
    It does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district; and
  12. l.
    In-home daycare/childcare services shall meet the following provisions:
    (1)
    Any person operating an in-home daycare/childcare service shall obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service.
    (2)
    Any person operating an in-home daycare/childcare service shall obtain an operational permit from the Bristol Kendall Fire District.
    (3)
    In home daycare/childcare services are limited to no more than twelve (12) children under the age of twelve (12) at any one (1) time, unless approved through a special use permit pursuant to Section 10-8-5 of this title.
2. 2.
  Any home occupation requiring a local, state, or federal license shall be obtained.
3. 3.
  The following home occupations are prohibited:
  1. a.
    Selling or manufacturing of firearms;
  2. b.
    Automobile repair services;
  3. c.
    Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
  4. d.
    Manufacturing business;
  5. e.
    Medical clinic or hospital;
  6. f.
    Animal hospital or kennel (animal grooming services are permitted);
  7. g.
    Restaurant;
  8. h.
    Mortuary and funeral parlors; and
  9. i.
    Commercial automobile repair;
  10. j.
    Any activity that produces noxious matter or employs or produces flammable matter.
G.
Outdoor Displays. In the business and manufacturing districts outdoor displays are permitted accessory uses provided that the following provisions are met. However, nothing in this section shall waive the prohibition of outdoor storage as defined and regulated in this title.
1. 1.
  Accessory Use. Outdoor displays shall be permitted only as an accessory use on the same lot as a permitted or special use of the business or operation located there and shall not operate as a separate enterprise.
2. 2.
  Nature of Merchandise. The goods, merchandise, or products offered for sale in an outdoor display area must be of such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers, farming equipment, landscape supplies, propane or other material contained in a pressurized tank, ice/vending machines, recycling containers and automated teller machines (ATM). Goods, merchandise or products that are typically located within a permanent building or structure, such as clothing and prepared food, shall not be offered for sale in a permanent outdoor display area.
3. 3.
  Location.
  1. a.
    Setbacks. Outdoor display areas may be located in front of, on the side of, or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the zoning district in which it is located.
  2. b.
    Parking. Outdoor display areas may be located within existing parking spaces but only if there is a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as provided in Section 10-5-1(H)(5) of this title.
  3. c.
    Pedestrian Walkways. Outdoor display areas may be located on a pedestrian walkway if an unobstructed portion of the walkway measuring not less than three (3) feet in width shall be continuously maintained for pedestrian access and no point of ingress or egress from any building or any individual unit within any building shall be blocked at any time.
  4. d.
    Right-of-Way. Unless otherwise provided by this title, outdoor display areas shall not be located on any public or private right-of-way.
  5. e.
    Lawn. Outdoor display areas may be located on concrete, asphalt, or brick paver areas and shall not be located on lawn areas or required landscape areas.
  6. f.
    Near Single-Family Residence District. No outdoor display areas shall be located within fifty (50) feet of any single-family residentially zoned district, exclusive of rights-of-way.
4. 4.
  Size. Outdoor display areas shall be limited to thirty-five (35) percent of the gross floor area of the primary building or tenant space to which the outdoor display area is an accessory, with the exception of vehicle, trailer and farming equipment dealerships.
5. 5.
  Visibility. Outdoor display areas shall comply with the Vision Clearance requirements of section 10-5-6 of this title.
6. 6.
  Maintenance. All outdoor display areas must be maintained and displayed in a neat, orderly, and safe manner at all times.

Effective on: 1/1/1901

10-4-17. Temporary Use Standards

Accessory Structures, Temporary.

1.
Temporary accessory structures shall be allowed for between thirty (30) days and six (6) months as approved through a temporary use permit as specified in Section 10-8-3(F).
2.
If located entirely within the required yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
3.
Temporary accessory structures may be attached to or located adjacent to the principal building.
4.
If located entirely within the buildable area of the lot the temporary accessory structure shall not be located between the primary building and the front property line.
5.
If located partially in the required rear yard and partially in the buildable area of the lot, the temporary accessory structure shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
6.
Time of Construction. No temporary accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory.

Mobile Food Vendor Vehicles and Retail Vendor Vehicles.

1.
Purpose. The purpose of this section is to encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the general public.
2.
General Provisions.
1. a.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a certificate of registration from the office of the City Clerk in accordance with title 3, chapter 5 of the City of Yorkville Municipal Code.
2. b.
  Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county, and local business tax, sales tax, and other tax requirements.
3. c.
  It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section.
4. d.
  Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the City, subject to the location and operational standards established in this title.
5. e.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall not:
  1. (1)
    obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to, access to or from any business, public building, or dwelling;
  2. (2)
    conflict with the vision clearance requirements of section 10-5-6 of this title; or
  3. (3)
    prevent access of emergency vehicles.
6. f.
  Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle.
7. g.
  No amplified music or loudspeakers shall be permitted.
8. h.
  Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the standards of Section 10-5-7.
9. i.
  No sales or service of alcohol shall be allowed by mobile food vendor vehicles.
10. j.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator.
3.
Location and Operational Standards.
1. a.
  Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all State and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit.
  2. (2)
    Operation of mobile food vendor vehicles and mobile retail vendor vehicles within City parks shall be subject to rules and regulations established by the Park Board.
  3. (3)
    No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property.
  4. (4)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within five hundred (500) feet from any K-12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days, unless as part of a permitted special event or rally.
  5. (5)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within twenty-five (25) feet from a street intersection with a crosswalk, traffic light, or stop sign, or within twenty-five (25) feet from a railroad crossing.
  6. (6)
    Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians.
  7. (7)
    All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street.
  8. (8)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle, or any other equipment or furniture related to the operation of its business, except for required refuse receptacles.
  9. (9)
    Mobile food vendor vehicles greater than thirty-five (35) feet in length, or that occupy more than two (2) on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties.
  10. (10)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business.
2. b.
  Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property.
  1. (1)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts.
  2. (2)
    Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than eight (8) of the required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot.
  3. (3)
    The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be determined as follows:
    (a)
    One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every five hundred twenty-five (525) square feet of paved area (at least thirty-five (35) feet by fifteen (15) feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than thirty-five (35) feet in length require a space at least seventy feet (70) by fifteen (15) feet.
    (b)
    Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface.
    (c)
    Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way.
    (d)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle.
3. c.
  Canteen Trucks Operating on Private Property.
  1. (1)
    Canteen trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity.
  2. (2)
    Canteen trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress, or access to or from the construction site.
  3. (3)
    No unattended canteen truck shall be parked overnight on any property.
4. d.
  Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles may provide private sales service within the public right-of-way and on private property in residential districts only.
  2. (2)
    Private vendor services by mobile food vendor vehicles and mobile retail vendor vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted.
  3. (3)
    Payment shall occur directly between the event host and the mobile food vendor vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders.
  4. (4)
    All operational standards for operating a mobile food vendor vehicle and mobile retail vendor vehicle as provided in this section shall apply.

Storage of Roadway Construction Materials.

1.
A temporary use permit and building permit shall be required prior to the establishment of a storage area for roadway construction materials. In addition to all required permit application materials, the following shall be required:
1. a.
  A site plan depicting the location of proposed construction material storage locations, site ingress and egress, stormwater runoff control measures, other stormwater management practices, and any other information requested by the Zoning Officer shall be required; and
2. b.
  A traffic plan.
2.
Roadway construction material storage areas shall be utilized between the hours of 7:00am and 10:00pm only.

Portable Outdoor Storage Device. Portable outdoor storage devices are allowed in any district provided they are issued a temporary use permit and meet the following conditions:

1.
Only one (1) portable outdoor storage device may be located on a lot at a time.
2.
No portion of any portable outdoor storage device may extend onto the public right-of-way, including but not limited to sidewalks, parkways, streets, or alleys unless otherwise approved through the temporary use permit.
3.
The portable outdoor storage device shall not exceed eight (8) feet in width, twelve (12) feet in length and eight (8) feet in height, or seven-hundred sixty-eight (768) cubic feet.
4.
The portable outdoor storage device must be located on an impervious surface.
5.
Placement of a portable outdoor storage device shall be limited to thirty (30) days per residential lot, per calendar year.
6.
Placement of a portable outdoor storage device shall be limited to sixty (60) days per business, manufacturing, institutional, open space, or agricultural lot, per calendar year.
7.
Every portable outdoor storage device must be locked and secured when not being loaded or unloaded.
8.
The temporary use permit shall be prominently displayed during the approval period.
9.
The Planning and Zoning Commission may approve containers that exceed the allowable number, size, surface, or length of time.

Temporary and Seasonal Uses.

1.
Purpose. To further encourage the revitalization of the downtown and other areas within the City, these standards are intended to provide a temporary but unique environment for relaxation, social interaction, and food or beverage consumption within public rights-of-way and public sidewalks without impeding the free and safe flow of pedestrian or vehicular traffic.
2.
General Provisions.
1. a.
  Encroachment. A sidewalk cafe or parklet cafe shall not be considered an "encroachment" so long as all outdoor facilities related thereto are temporary in nature, are not permanently affixed so as to extend below or above the sidewalk or public right-of-way, involve no penetration of the sidewalk surface or public right-of-way, are not attached to any building and are readily removable without damage to the surface of the sidewalk or public right-of-way.
2. b.
  Time Period. Sidewalk cafes and parklet cafes may be permitted from April 1st through October 31st. Time extensions may be granted for sidewalk cafe and parklet cafe operations per the discretion of the Zoning Administrator on a case-by-case basis. Parklet cafes not removed after October 31st and without an approved extension may be removed by the City at the owner's expense.
3. c.
  Permit.
  1. (1)
    Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-8-3(F) of this title.
  2. (2)
    Outdoor dining on a public sidewalk or within the right-of-way may occur only pursuant to the issuance of a permit.
  3. (3)
    A sidewalk cafe or parklet cafe permit is non-transferrable.
4. d.
  Prohibited Locations. Outside dining will not be permitted on sidewalks or within the public right-of-way designated by the City Council as shared bicycle and pedestrian trails or paths.
5. e.
  Seating. Seating in the sidewalk cafe or parklet cafe shall not be included to meet the required guest seating capacity for any license classification.
6. f.
  Indemnification. The permittee shall defend, indemnify, and hold the City, and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under the sidewalk cafe or parklet cafe permit.
3.
Development and Design Standards. The following standards, criteria, conditions and restrictions shall apply to all sidewalk cafes and parklet cafes, provided, however, that the Zoning Administrator or designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare to prevent a nuisance from developing or continuing, and to comply with all other City ordinances and applicable state and federal laws.
1. a.
  Sidewalk Café.
  1. (1)
    Design Elements.
    (a)
    Elements of a typical sidewalk cafe may include, but are not limited to, the following: barriers, planters, tables, chairs, umbrellas, menu display, heat lamps and ingress/egress access point.
    (b)
    The design, material, and colors used for the furniture and fixtures within the sidewalk cafe shall complement the architectural style and colors of the building facade and public street furniture, if any, and withstand inclement weather.
  2. (2)
    Setbacks.
    (a)
    No element of the sidewalk cafe, as described above, may obstruct the pedestrian way in a manner which reduces the depth of the pedestrian way to less than five (5) feet. Light poles, tree wells, fire hydrants and other such items may fall within the pedestrian path allowed between the curb and the leading edge of the sidewalk cafe.
    (b)
    A sidewalk cafe shall not unreasonably obstruct the visibility of neighboring businesses. In such cases a sidewalk cafe operator may be required to adjust the layout of the outdoor dining area per the recommendation of the Zoning Administrator or designee.
    (c)
    Sidewalk cafes must be located a minimum distance of one hundred (100) feet from the nearest residential zoned district.
    (d)
    The width of the sidewalk cafe must not extend beyond the frontage of the business establishment unless written notarized consent of the adjacent business and property owner has been provided to the Zoning Administrator.
    (e)
    Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the building along both frontages.
    (f)
    For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion of the Zoning Administrator in locations where unusual circumstances exist or where public safety would be jeopardized.
  3. (3)
    Barriers.
    (a)
    The perimeter of sidewalk cafes that extend more than three (3) feet into the public right-of-way shall be enclosed by barriers that are durable, removable, and maintained in good condition.
    (b)
    Sidewalk cafes that extend three (3) feet or less into the public right-of-way and do not serve alcohol are not required to be enclosed by a barrier.
    (c)
    Sidewalk cafes that serve alcohol must be surrounded by a barrier in all cases. Barrier access point must be controlled by the sidewalk cafe operator/business establishment. Business establishment owners should maintain compliance with Yorkville's Liquor Control Ordinance standards for serving alcohol outside of enclosed businesses.
    (d)
    Moveable barriers and all furniture shall be removed at the end of each business day unless otherwise approved by the Zoning Administrator or designee. Moveable barriers shall be capable of being removed through the use of recessed sleeves and posts, wheels that can be locked in place, and/or weighted bases. Barrier segment bases should be flat with tapered edges that are between one-fourth (0.25) inch and one-half (0.5) inch thick.
    (e)
    The maximum height of any barrier shall not exceed three (3) feet six (6) inches. The lowest point in the barrier should be no more than six (6) inches in height above the ground to comply with ADA detectable warning regulations.
    (f)
    Rigid fence sections may be placed end-to-end to create the appearance of a single fence. Sectional fencing shall be composed of metal or wood and shall be painted or finished in a complementary color to the building color or accent materials. Sectional fencing may be constructed from other materials such as but not limited to aircraft cable, fabric, steel or iron elements if approved by the Zoning Administrator or designee.
    (g)
    Planters.
    (i)
    Planters may also be used as a barrier or planter boxes as barrier components.
    (ii)
    Planters must be no more than three (3) feet in height and plant materials may be up to three (3) feet tall.
    (iii)
    Planters shall be kept in clean condition, contain living plants, and be removed at the end of each business day.
    (h)
    Access openings must be kept clear of all materials and should measure no less than forty-four (44) inches wide.
  4. (4)
    Awnings and Umbrellas.
    (a)
    The use of awnings over the outdoor dining area or removable table umbrellas may be permitted provided they do not interfere with street trees.
    (b)
    No portion of the awning shall be less than eight (8) feet above the sidewalk and no portion of the umbrella shall be less than seven (7) feet above the sidewalk.
    (c)
    Awnings may extend up to five (5) feet from the front of the building's facade or cover up to fifty (50) percent of the outdoor dining area, whichever is less.
    (d)
    Awnings shall have no support posts located within the public right-of-way.
    (e)
    A separate building permit must be obtained prior to the installation of the awning.
    (f)
    Notwithstanding any provisions in this Code, signs and logos shall be permitted on umbrellas or awnings in outdoor dining areas.
  5. (5)
    Prohibited Items.
    (a)
    Permanently affixed furniture to the public sidewalk is prohibited.
    (b)
    Shelves, serving stations, flimsy plastic tables and chairs, unfinished lumber or splintering wooden materials, rusted metal, and loudspeakers, are prohibited.
    (c)
    Tying or otherwise securing sidewalk cafe elements to trees, lamp posts, street signs, streetlights, and/or hydrants is prohibited.
    (d)
    Chain link, rope rails, and chain are prohibited as barrier materials.
    (e)
    Rails, buckets, flag poles, and newspaper stands are prohibited.
    (f)
    No alterations or coverings should be made to the sidewalks or placed over the sidewalk cafe space. Platforms, artificial turf, paint, or carpet in sidewalk cafe areas is prohibited.
    (g)
    If wait service is not provided in the sidewalk cafe area, the business establishment is required to supply a waste receptacle. If wait service is provided, the business establishment is prohibited from placing a waste receptacle in the sidewalk cafe.
2. b.
  Parklet Café.
  1. (1)
    The parklet cafe site shall be located on at least one (1) parking spot within the public way and appurtenances thereof shall be a minimum of two (2) feet from the nearest edge of sidewalk. Parklet cafes are restricted to City of Yorkville public streets and shall not be permitted on any state, county or township roadways.
  2. (2)
    Tables, chairs, umbrellas or other fixtures in the parklet cafe:
    (a)
    Shall not be placed within five (5) feet of fire hydrants, alleys or bike racks.
    (b)
    Shall not be placed within five (5) feet of a pedestrian crosswalk.
    (c)
    Shall not block designated ingress, egress, or fire exits from or to the business establishment or any other structures.
    (d)
    Shall not be physically attached, chained, or in any manner affixed to any structure, tree, signpost, or light pole.
    (e)
    May be removed by the City at owner's expense if not installed per approved plans or installed after permit expiration.
    (f)
    Shall be maintained in a clean, sanitary, and safe manner.
    (g)
    Shall consist of commercial-grade furniture.
    (h)
    Shall not be placed outside or hang over the designated parklet cafe area.
  3. (3)
    The parklet cafe shall be located in such a manner that a distance of not less than four (4) feet is maintained at all times as a clear and unobstructed pedestrian path. For the purpose of the minimum clear path, traffic signs, trees, light poles and all similar obstacles shall be considered obstructions.
  4. (4)
    The parklet cafe, along with the sidewalk and roadway immediately adjacent to it, shall be maintained in a neat and orderly manner at all times. Debris shall be removed as required during the day and again at the close of each business day. Maintenance details shall include access panels and how drainage will be provided along the existing drainage way.
  5. (5)
    Parklet cafe decking must be flush with the curb and may not have more than a one-half (0.5) inch gap from the curb.
  6. (6)
    The parklet cafe platform shall allow for access underneath the platform and curbside drainage may not be impeded.
  7. (7)
    All rails around the parklet cafe must be capable of withstanding a two hundred (200) pound horizontal force.
  8. (8)
    The parklet cafe shall be required to have reflective tape, soft hit posts, wheel stops and, depending on the proposed location, may be required by the Zoning Administrator or designee to have edging such as planters, railing or cables.
    (a)
    If cables are used, vertical spacing between cables may not exceed six (6) inches.
  9. (9)
    Umbrellas and other decorative material shall be made of treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant. No portion of an umbrella shall be less than six (6) feet eight (8) inches above the sidewalk. Umbrellas must be secured.
  10. (10)
    Temporary signage such as menu boards or easels may be permitted in parklet cafes.
  11. (11)
    No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  12. (12)
    No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  13. (13)
    Parklet cafes shall meet the vision clearance requirements of Section 10-5-6 of this title.

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 4

USE STANDARDS

10-4-1. Agricultural Use Standards

Apiary. Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-2. Residential Use Standards

Dwelling, Duplex.

1.
The main entrances to a duplex shall face the primary street.
2.
A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this Title, shall be provided in an attached or detached garage. Attached garages are encouraged to be located on rear or side façades. If attached garages are located on the primary façade they shall comply with the following standards.
1. a.
  Setback a minimum of twenty-five (25) feet from the street right-of-way or the required front yard setback, whichever is greater.
2. b.
  Garage Set Ahead.
  1. (1)
    The garage may be set ahead a maximum of five (5) feet from the front façade of the home, inclusive of porches, bay windows, or other minor projections.
  2. (2)
    If the garage is set ahead from the front façade of the home, as detailed in (a) above, it shall not exceed forty-five (45) percent of the façade’s total width.
3. c.
  Garage In Line. If the garage is in line with the front façade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed fifty (50) percent of the façade’s total width.
4. d.
  Garage Set Behind.
  1. (1)
    The garage may be set behind the front façade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one (1) foot.
  2. (2)
    If the garage is set behind the front façade of the home, as detailed in (a) above, it shall not exceed fifty-five (55) percent of the façade’s total width.

Figure 4.1. Duplex Dwelling Standards

B.
Dwelling, Multi-Family.
1. 1.
  The main entrance to a multi-family dwelling shall face the primary perimeter or internal street, unless otherwise allowed in subsection (5) below.
2. 2.
  All off-street parking shall be located to the side or rear of the primary building. Off-street parking located to the side of the primary building shall be set back a minimum of one (1) foot from the front elevation of the primary building.
3. 3.
  A maximum of one (1) curb cut shall be permitted per street frontage unless otherwise recommended by the Public Works Director and approved by the Planning and Zoning Commission.
4. 4.
  Service areas, dumpsters, utilities and the required nonvegetative screening thereof shall not be visible from rights-of-way.
5. 5.
  Multi-Building Developments. Developments with multiple multi-family dwelling buildings shall meet the following additional standards.
  1. a.
    The primary façade shall include a building entrance and be oriented towards the following (listed in priority order). Primary façades shall not be oriented towards off-street parking lots, garages, or carports.
    (1)
    Perimeter Streets,
    (2)
    Internal Streets,
    (3)
    Parks or other common open space, or
    (4)
    Secondary internal streets.

Figure 4.2. Multi-Family Dwelling Standards

C.
Dwelling, Townhouse.
1. 1.
  The entrance to a townhouse shall face the primary public street unless otherwise approved.
2. 2.
  A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this UDO, shall be provided in an attached or detached garage.
3. 3.
  Attached garages shall be located on rear or side façades unless otherwise approved.
4. 4.
  A maximum width of a townhome cluster shall be two hundred (200) lineal feet.
5. 5.
  The siting of the townhouse units in a cluster shall be staggered in order to define street edges, entry points, and public gathering spaces.

Figure 4.3. Townhouse Dwelling Standards

D.
Mobile Home Park.
1. 1.
  The minimum site size shall be ten (10) acres.

Effective on: 1/1/1901

10-4-3. Lodging Use Standards

Short-Term Rental. Short-term rentals shall be subject to the hotel tax provisions established in Title 3, Chapter 1, Section 3-2-7 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-4. Commercial Retail Use Standards

Adult Uses.

1.
Limitations on Adult Uses.
1. a.
  Distance from another existing adult use: An adult use shall not be allowed within five hundred (500) feet of another preexisting adult use.
2. b.
  Distance from zoning districts: An adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for single-family suburban residence district (R-1), single-family traditional residence district (R-2), two-family attached residence district (R-2D), multi-family attached residence district (R-3), general multi-family residence district (R-4), local business district (B-1), mixed use district (B-2), general business district (B-3), agricultural district (A-1).
3. c.
  Distance from school or place of worship: An adult use shall not be located within five hundred (500) feet of a preexisting school or place of worship.
4. d.
  Distance from business selling alcoholic beverages and cannabis dispensaries: An adult use shall not be located in a building which contains another business that sells or dispenses in some manner alcoholic beverages or Cannabis Dispensing Organization as defined in this UDO.
5. e.
  Arterial roadways: Adult uses which are located next to an arterial roadway, as defined in the City's comprehensive plan, must provide a twenty-five (25) foot setback from any property line.
6. f.
  Nonarterial roadways: Adult uses which are located next to a nonarterial roadway, as defined in the City's comprehensive plan, must provide a ten (10) foot setback from the side and rear property lines and shall provide a twenty-five (25) foot setback from the front property line.
7. g.
  Traffic study: A traffic study may be required as part of the special use permit approval process.
2.
Measurement of Distance. For the purposes of this Section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel containing the nearest adult use, school, place of worship, cannabis dispensary, or district zone for residential use.
3.
Exterior Signage and Display. No adult use shall be conducted in any manner that permits the observation of any material, depicting, describing, or relating to "specified sexual activities", "specified anatomical areas" or otherwise deemed to be obscene by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
4.
Display of License and Permit. Every licensee (per Chapter 11 Section 3-11-5 of the City of Yorkville Code of Ordinances) shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.
5.
Employment of Persons Under the Age of Eighteen (18) Prohibited. It shall be unlawful for any adult use licensee or their manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.
6.
Hours of Operation. All areas within the premises of an adult use business shall be cleared of customers and secured from customers and the public in general during the time when not permitted open for operation, and no person, other than the licensee or their employees or agents, shall be permitted within the area of such premises during such hours as listed below:
1. a.
  Monday through Saturday: 7:00am to 1:00am the next day
2. b.
  Sunday: 11:00am to 1:00am the next day
7.
Violation and Penalty. Each day of violation of the requirements of this Section shall constitute a separate and punishable offense.

Effective on: 1/1/1901

10-4-5. Commercial Service Use Standards

Indoor Shooting Gallery/Gun Range.

1.
When located in a multiple-tenant building, shall only be located in an end unit and with the gallery/range not adjacent to an adjoining unit.
2.
The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet from any property line that abuts a residentially zoned property.
3.
The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty-five (25) percent of the total floor area.

Storage, Outdoor Self-Storage.

1.
All storage facilities shall be in completely enclosed buildings or structures when located in a Manufacturing Zoning District or when located within one hundred fifty (150) feet of a property in a Residential Zoning District.
2.
There shall be a minimum of twenty (20) feet between buildings.
3.
Truck and storage pod rentals are permitted accessory uses.

Effective on: 1/1/1901

10-4-6. Commercial Entertainment Use Standards

Commercial Entertainment, Outdoor.

1.
All golf course and driving range perimeters shall be fully enclosed in netting not less than thirty-two (32) feet in height, with the maximum height to be established in the Special Use process as specified in Section 10-8-5.
2.
The netting shall be at least ninety (90) percent transparent.

Golf Course.

1.
Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be nearer than five hundred (500) feet to any dwelling on an adjacent zoning lot, with the exception of golf courses in the A-1 District where the minimum separation requirement shall be three hundred (300) feet.

Effective on: 1/1/1901

10-4-7. Eating and Drinking Use Standards

Brewpub.

1.
Brewpubs operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area. If off-premises consumption is allowed, all sales must be in a sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises.

Microbrewery/Microwinery/Microdistillery

1.
Microbreweries.
1. a.
  Microbreweries, where if off-premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises sales.
2. b.
  Microbrewery operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area.
2.
Microdistilleries and Microwineries.
1. a.
  Outdoor storage of equipment, production waste or product for microdistilleries and microwineries is strictly prohibited when located in a business district. However, outdoor storage of spent grains or grapes may be permitted to be stored outdoors in appropriate silos or containers in the manufacturing districts, provided the storage is screened from public view. Screening may be with fencing, landscaping, or a combination of both.
2. b.
  All microdistilleries and microwineries located in business districts must have off-street or rear accessible loading and unloading facilities.
3. c.
  Microdistilleries or microwineries located in business districts must include an ancillary tasting room with a minimum of one hundred fifty (150) square feet. Retail sales of the product from a microdistillery or microwinery are permitted on-site and shall be consistent with state and City laws.

Effective on: 1/1/1901

10-4-8. Medical Use Standards

RESERVE

Effective on: 1/1/1901

10-4-9. Vehicle Related Use Standards

Automobile Rental; Automobile Sales and Service/Open Sales Lot; Boat Sales and Rental; Recreational Vehicle Sales and Rental; and Truck and Trailer Sales/Rental.

1.
Open sales and rental lots shall be exempt from the landscape spacing requirements for the parking area perimeter zone and instead may cluster required landscape elements in order to preserve views to goods offered for sale.
2.
Outdoor facilities shall be enclosed by an opaque fence or wall a minimum six (6) feet in height.

Effective on: 1/1/1901

10-4-10. Energy Industrial Uses

Data Center

1.
Landscape Buffer - when adjacent to non-manufacturing zoned land use
1. a.
  In addition to Section 10-5-3 the following requirements apply:
  1. (1)
    Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential, commercial, school, public institutional, etc.).
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
  3. (3)
    Required 8-foot-tall berms when adjacent to residential subdivisions.
2.
Landscape Buffer - when adjacent to roads
1. a.
  Minimum of a 100-foot landscape buffer along any public roadway.
  1. (1)
    Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F.
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
3.
Building Separation
1. a.
  Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure.
4.
Maximum Height
1. a.
  Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment.
  1. (1)
    The use of rooftop mounted HVAC or other mechanical units shall require the approval of City Council.
5.
Noise Study and Noise Mitigation
1. a.
  All applications for data centers shall provide an initial noise study at Planned Unit Development (PUD) review and a final noise study at permitting review, both of which will be subject to review by the City's sound engineering consultant.
2. b.
  The initial noise study must include the following:
  1. (1)
    A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility's design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville's Code of Ordinances.
  2. (2)
    For the initial study, noise source data for the cooling equipment can be based on generic or manufacturer-provided data. The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the ordinance.
3. c.
  For the final noise study, noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels.
4. d.
  Data center developers must include a mitigation plan in their final noise study to ensure that operational noise does not exceed the local noise limits detailed in Yorkville's Code of Ordinances, including the penalty for tonal equipment.
5. e.
  All major mechanical equipment (i.e. generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction or screened with acoustic barriers as needed to meet the City noise ordinance.
  1. (1)
    Whenever possible, backup generators and condensers shall be placed on the side of the building(s) or the facility, that is farthest from residential structures.
6. f.
  The Applicant must provide a noise impact assessment report for review by the City. The report must describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City's noise ordinance will be met.
7. g.
  An annual noise monitoring will be conducted by the City's sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance. Alternatively, continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the development to help verify ongoing noise ordinance compliance.
6.
Operational Testing
1. a.
  Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non-holidays.
7.
Nuclear Energy
1. a.
  Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based energy.
8.
Phasing Plan
1. a.
  Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures.
9.
Fencing
1. a.
  Fencing shall be security style aluminum, steel, wrought iron, or similar materials.
2. b.
  Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses.
10.
Lighting and Photometric
1. a.
  Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting.
11.
Traffic Management Plan
1. a.
  A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction.
12.
Battery Storage
1. a.
  Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD) for firefighting efforts.
13.
Emergency Operations Plan
1. a.
  Emergency Operations Plan (EOP) shall be submitted and approved by the City and the Bristol Kendal Fire Protection District (BKFD) prior to issuance of a building permit and must include:
  1. (1)
    Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident.
  2. (2)
    The location of any battery storage systems.
  3. (3)
    Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit.
  4. (4)
    Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public.
  5. (5)
    Must work with KenCom emergency managers to be part of text or siren alert systems.
14.
Building Code Enhanced Standards
1. a.
  Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards.
2. b.
  Compliance with National Fire Protection Association 855.
15.
Appearance Standards
1. a.
  Appearance standards shall comply with the requirements outlined in Section 10-5-8.C.4.

(Ord. No. 2025-53, effective 06/27/2025)

Effective on: 6/27/2025

10-4-11. Industrial Use Standards

Artisan Manufacturing.

1.
Gross floor area shall not exceed ten thousand (10,000) square feet.
2.
Outdoor storage and/or outdoor operations or activities shall be prohibited.
3.
Retail sales of goods manufactured on-site shall be permitted but shall be limited to twenty-five (25) percent of the total area of the building.
4.
A maximum of one (1) residential unit shall be permitted as a special use, but shall be limited to the upper floor or to the rear of the artisan manufacturing use and shall not exceed twenty five (25) percent of the gross floor area.

Assembly, Production, Manufacturing, Testing, Repairing, or Processing.

1.
All related activity shall take place within completely enclosed buildings unless otherwise specified.
2.
Within one hundred fifty (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts, all storage shall be in completely enclosed buildings or structures.
3.
Storage not located within one hundred (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) with a minimum height of eight (8) feet. In no case shall the solid walls or fences be lower in height than the enclosed storage.
4.
Solid fences or walls enclosing storage shall be meet the building foundation landscape requirements per Section 10-5-3(C).

Effective on: 1/1/1901

10-4-12. Transportation Use Standards

RESERVE

Effective on: 1/1/1901

10-4-13. Alternative Energy Use Standards

General Requirements for all Alternative Energy Uses.

1.
Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City.
2.
Use. Solar and Wind Farms shall be an accessory to the principal permitted use of a site.
3.
Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4.
Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
5.
Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation.
6.
Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights.
7.
Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause the shadow flicker.
8.
Screening. There shall be no required mechanical screening for alternative energy systems.
9.
Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding properties.
10.
Compliance. Wind energy systems shall meet or exceed current standards of the international building code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes.
11.
Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense.

Solar Farm.

1.
No solar farm shall be erected on any lot less than three (3) acres in size.
2.
A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty (80) percent of a given parcel in any other District.
3.
A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.
4.
Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
1. a.
  Evidence shall be provided that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator.
5.
Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited.
6.
Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted.
7.
Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels.
8.
Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of:
1. a.
  Front and Corner Yards: one hundred (100) feet,
2. b.
  Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.
3. c.
  Buffer Areas: one thousand (1,000) feet from the nearest solar array to roadway networks, as defined in Figure 7.1: Existing Roadway and Rail Network of the 2016 United City of Yorkville Comprehensive Plan Update.
4. d.
  Fox River: one thousand (1,000) feet from the nearest solar array to the edge of the bank of the Fox River.
9.
Systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
1. a.
  Warnings.
  1. (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  2. (2)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
10.
Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
11.
Materials Handling, Storage, and Disposal.
1. a.
  All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
2. b.
  A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state and federal laws.
12.
Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include:
1. a.
  Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component.
2. b.
  Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
3. c.
  Provisions for the restoration of the natural soil and vegetation,
4. d.
  An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
5. e.
  Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
6. f.
  A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.4. Solar Farm Standards

1. 13.
  Solar Glare: Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
2. 14.
  Easement: A blanket easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code.

C.
Building-Mounted Solar Energy Systems.
1. 1.
  Location. Building-mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met:
  1. a.
    Solar access is optimized on the front and exterior side facades.
  2. b.
    Systems are simultaneously used to shade the structure's doors or windows.
2. 2.
  Height. Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush-mounted, the system must be less than eight (8) inches from the roof surface. Refer to Figure 4.5 of this Section.
3. 3.
  Quantity. The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached.
4. 4.
  Projection. The system may project up to four (4) feet from a building facade or roof edge. The system may project into an interior side or interior rear setback but shall be no closer than five (5) feet to the interior side or interior rear property line.

Figure 4.5. Building-Mounted Solar Energy System Standards

D.
Freestanding Solar Energy Systems – Accessory Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines.
2. 2.
  Permitted Yard Locations. Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of freestanding solar energy systems shall be fifteen (15) feet unless otherwise approved by the Zoning Administrator.

Figure 4.6. Freestanding Solar Energy System - Accessory Use Standards

E.
Freestanding Solar Energy System - Principal Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall meet the setbacks established for the district in which the system is located.
2. 2.
  Permitted Yard Locations. A freestanding solar energy system shall not be located closer to the public right-of-way than the front façade of the principal building on the adjacent lot(s). They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of a freestanding solar energy system shall be fifteen (15) feet unless otherwise approved.
F.
Wind Farm.
1. 1.
  No wind farm shall be erected on any lot less than four (4) acres in size.
2. 2.
  Design and Installation.
  1. a.
    Safety Certification.
    (1)
    Wind farm systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energic (GL), or an equivalent third party prior to plan approval.
    (2)
    Following plan approval, a professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the wind farm system is within accepted professional standards, given local soil and climate conditions.
  2. b.
    Controls and Brakes. All wind farm systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
  3. c.
    Electrical Components. All electrical components of the wind farm systems shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical commission). Utility lines connecting the towers, substations, etc., shall be placed underground where practical.
  4. d.
    Turbine Consistency. To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction.
  5. e.
    Warnings.
    (1)
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
    (2)
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (3)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
    (4)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
  6. f.
    Climb Prevention. All wind farm towers must be unclimbable by design or protected by anti-climbing devices such as:
    (1)
    Fences with locking portals at least six (6) feet high, or
    (2)
    Anti-climbing devices twelve (12) feet vertically from the base of the wind farm tower.
  7. g.
    Setbacks. Wind farm towers and appurtenant structures shall meet the following minimum setbacks.
    (1)
    Wind farm towers shall be six (6) times the height of the wind farm tower or at least three thousand, two hundred fifty (3,250) feet, whichever is greater, from any principal structure or use on the subject or neighboring property.
    (2)
    Wind farm towers shall be one and one-tenth (1.10) times the wind farm tower height from public roads, third party transmission lines, and communication towers.
    (3)
    Wind farm towers shall be one thousand six hundred forty (1,640) feet from adjacent property lines, as measured from the center of the wind farm tower foundation.
    (4)
    No part of a wind farm tower or foundation shall encroach on a public or private sewage disposal (septic) system
    (5)
    Above ground transmission facilities and poles shall be set back one-hundred fifty (150) feet from any portion any principal structure or use on the subject or neighboring property.
  8. h.
    Use of Public Roads. An applicant, owner, or operator proposing to use any City or County Road for the purpose of transporting and installation of wind farm or substation parts and/or equipment for construction, operation, or maintenance of the wind farm or substations, shall:
    (1)
    Identify all such public roads, and
    (2)
    Obtain applicable weight and size permits from relevant government agencies prior to construction.
    (3)
    To the extent an applicant, owner, or operator must obtain a weight or size permit from the City, County, or State, the applicant shall provide:
    (a)
    Financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to public roads caused by constructing, operating, or maintaining the wind farm prior to the issuance of building permits.
    (b)
    A signed copy of any agreements pertaining to the use of public roads prior to the issuance of building permits.
  9. i.
    Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
3. 3.
  Operation.
  1. a.
    Maintenance.
    (1)
    The owner or operator of the wind farm must submit, upon request a summary of the operation and maintenance reports to the City. In addition to the annual summary mentioned in this subsection, the owner or operator must furnish such operation and maintenance reports, as the City reasonably requests.
    (2)
    Any replacement of equipment that is not a like-kind replacement using the same equipment in plan as approved shall require that an amendment to the special use.
  2. b.
    Materials Handling, Storage, and Disposal.
    (1)
    All solid wastes related to the construction, operation, and maintenance of the wind farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
    (2)
    A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the wind farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.
  3. c.
    Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the wind farm project is properly decommissioned, which shall include:
    (1)
    Provisions describing the triggering events for decommissioning the wind farm project. Any nonfunctioning wind turbine of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such wind turbine or component.
    (2)
    Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
    (3)
    Provisions for the restoration of the natural soil and vegetation,
    (4)
    An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
    (5)
    Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
    (6)
    A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.7. Wind Farm Standards

G.
Building-Mounted Wind Energy Systems.
1. 1.
  Location. Building-mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.
2. 2.
  Setback. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof.
3. 3.
  Quantity. One (1) turbine is allowed for every five hundred (500) square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation.
4. 4.
  Noise. Building-mounted wind energy systems shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
5. 5.
  Height. The maximum height for a building-mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches ten to twelve (10:12) or greater. The system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 4.8 of this Section.
6. 6.
  Design. All systems shall employ a helix-style design employing airfoil blades mounted on a vertical rotor shaft. Fan-and turbine-style designs shall be prohibited.
7. 7.
  Appearance Standards. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
8. 8.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
  3. c.
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  4. d.
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.8. Building-Mounted Wind Energy Systems

H.
Freestanding Wind Energy System – Accessory Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.9 of this Section.
2. 2.
  Permitted Yard Locations. A freestanding wind energy system shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding wind energy system shall be prohibited.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. A freestanding wind energy system and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.

Figure 4.9. Freestanding Wind Energy System - Accessory Use Standards

I.
Freestanding Wind Energy System – Principal Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.10 of this Section.
2. 2.
  Permitted Yard Locations. All parts of any freestanding wind energy system shall meet the setbacks established for the district in which the system is located.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
7. 7.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer. The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.10. Freestanding Wind Energy System - Principal Use Standards

(Ord. No. 2024-11, effective 03/26/2024)

Effective on: 3/26/2024

10-4-14. Medical and Adult Use Cannabis Use Standards

General Requirements for all Cannabis Uses.

1.
Business Hours. Business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays.
2.
On-Premises Consumption. On-premises consumption of cannabis products in all cannabis businesses operations is prohibited.
3.
Signage.
1. a.
  Recreational cannabis dispensaries shall be limited to one (1) wall-mounted sign per business.
2. b.
  All cannabis establishments shall be prohibited from having electronic message board signs.
3. c.
  Signage for cannabis establishments shall not contain cannabis imagery such as leaves, plants, smoke, paraphernalia, or cartoonish imageries.

Cannabis Craft Grower.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, unless in the A-1 zoning district where the residential use is owned by the same owner as the adult-use cannabis craft grower, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis craft growers may co-locate with a dispensing organization or a cannabis infuser organization, or both, only on properties zoned within the M-1 or M-2 districts.
5.
Cannabis craft grower shall be limited to one (1) facility within the boundaries of the City.

Cannabis Cultivation Center.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this Section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis cultivation center shall be limited to one (1) facility within the boundaries of the City.

Cannabis Dispensing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility shall have a maximum gross floor area of five thousand (5,000) square feet, of which at least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act and shall not sell food or alcohol for consumption on the premises.
4.
Drive-through facilities are prohibited.
5.
E-commerce delivery service platforms are prohibited.
6.
Cannabis dispensing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Infuser Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Infuser organizations may co-locate with a dispensing organization or a cannabis craft grower organizations, or both, only on properties zoned within the M-1 or M-2 Districts. In such instances, the maximum gross floor area dedicated to the dispensing organization shall be five thousand (5,000) square feet of which seventy-five (75) percent of the floor area must be devoted to the activities authorized by the Act.
4.
Cannabis infuser organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Processing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
At least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act, and shall not sell food or alcohol for consumption on the premises.
4.
Cannabis processing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Transporting Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
The transporting organization shall be the sole use of the space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis transporting organization shall be limited to one (1) within the boundaries of the City.

Effective on: 1/1/1901

10-4-15. Institutional, Public, and Utility Use Standards

Telecommunication Tower and Antennae.

1.
Applicability.
1. a.
  New Towers and Antennas. All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through E of this section inclusive.
2. b.
  Amateur Radio Station Operator/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet.
3. c.
  Preexisting Towers or Antennas. Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of Sections 10-4-15(A)(2)(f), (A)(2)(h), and (A)(2)(r) of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
4. d.
  AM Array. For purposes of implementing this chapter, AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
5. e.
  Within Public Right-of-Way: If the tower and/or antenna is situated within the public right-of-way, such tower and/or antenna must meet the requirements of title 7, chapter 8, "Construction of Utility Facilities in Rights-of-Way", of this Code.
2.
General Requirements.
1. a.
  Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2. b.
  Lot Size. For purposes of determining whether the installation of a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3.
Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
1. a.
  Aesthetics. Towers and antennas shall meet the following requirements:
  1. (1)
    Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
  2. (2)
    At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.
  3. (3)
    If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2. b.
  Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
3. c.
  State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
4. d.
  Building Codes/Safety Standards. Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the City of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense.
5. e.
  Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries.
6. f.
  Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
7. g.
  Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the City of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250) feet of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty (250) feet.
8. h.
  Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.
9. i.
  Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 10-4-15(A)(4)(k) of this chapter.
10. j.
  Multiple Antenna/Tower Plan. The City of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
11. k.
  Antenna on Existing Structures. Any antenna may be approved by the City of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
  1. (1)
    The antenna does not extend more than thirty (30) feet above the highest point of the structure;
  2. (2)
    The antenna complies with all applicable FCC and FAA regulations; and
  3. (3)
    The antenna complies with all applicable building codes and safety standards as referenced in subsection g of this section.
12. l.
  Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
  1. (1)
    Additional Antenna. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as a monopole.
  2. (2)
    Height.
    (a)
    An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate the collocation of an additional antenna.
    (b)
    The height change referred to in subsection (O)(2)(a) of this section may only occur one (1) time per communication tower.
    (c)
    The additional height referred to in subsection (O)(2)(a) of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.
  3. (3)
    On-Site Location.
    (a)
    A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within fifty (50) feet of its existing location.
    (b)
    After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
    (c)
    A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter.
    (d)
    The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this zoning ordinance shall only be permitted when approved by the Zoning Officer.
  4. (4)
    New Towers in Nonresidential Zoning Districts. An applicant may locate any new tower as provided in Table 10-3-12(B), provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the Zoning Officer concludes the tower is in conformity with the goals set forth in this subsection o and the requirements of this subsection; c) the tower meets the setback and separation requirements Section 10-4-15(A)(4)(e) of this chapter; and d) the tower meets the following height and usage criteria:
    (a)
    For a single user, up to and including one hundred twenty (120) feet in height;
    (b)
    For two (2) users, up to one hundred fifty (150) feet in height; and
    (c)
    For three (3) or more users, up to and including one hundred eighty (180) feet in height.
13. m.
  Roadway Access. All sites on which antennas, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven (7) inches thick surfaced with not less than two (2) inches of asphaltic concrete or some comparable dustless material.
14. n.
  Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six (6) feet in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases.
15. o.
  Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area.
16. p.
  Annual Administrative Fee and Certifications.
  1. (1)
    The annual administration fee payable to the City of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty-five (35) dollars which shall be due on or before January 10th of each calendar year commencing with calendar year 2001.
  2. (2)
    In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the City under the terms of this subsection, the owner and/or operator shall reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said inspection which shall be a minimum of three hundred fifty (350) dollars and any additional cost incurred therein.
  3. (3)
    The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower.
    (a)
    Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this Code, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
    (b)
    Waiver of Provisions. An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply.
4.
Permitted Uses.
1. a.
  General. The following uses listed in this section are deemed to be permitted uses and shall not require a special use permit.
2. b.
  Uses. Antennas, antenna structures and towers are permitted as an accessory use as provided in Table 10-3-1(B) except that part of any zoning district which is located in a floodplain, so long as said antennas or towers conform to the following and all other requirements of this title:
  1. (1)
    Antennas and towers may be located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and City Hall and police station-sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville.
  2. (2)
    Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to Section (A)(2)(a) through (s).
5.
Special Uses and Accessory Uses.
1. a.
  General Provisions.
  1. (1)
    Radio and telecommunications and towers used for radio transmission, or television transmission when allowed as a Special Use shall be subject to the special use provisions contained within Section 10-8-5 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter.
  2. (2)
    In granting a special use permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
  3. (3)
    Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
  4. (4)
    An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the City Council of Yorkville to reimburse Yorkville for the cost of reviewing the application.
  5. (5)
    Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts and for the following uses.
    (a)
    R-1, Single-Family Suburban Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities only;
    (b)
    R-2, Single-Family Traditional Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities.
2. b.
  Information Required. In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied:
  1. (1)
    Legal description of the parent track and leased parcel (if applicable);
  2. (2)
    The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property;
  3. (3)
    The separation distance from other structures in the inventory of existing sites submitted pursuant to Section 10-4-15(A)(2)(c) shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known;
  4. (4)
    A landscape plan showing specific landscape materials; the method of fencing and finish color and, if applicable, the method of camouflage and illumination;
    (a)
    A description of compliance with Sections 10-4-15(A)(2)(c)(e)(f)(g)(h)(i)(m) of this chapter and all applicable federal, state or local laws;
    (b)
    A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
    (c)
    Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville;
    (d)
    A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
    (e)
    A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
  5. (5)
    An applicant shall be notified within thirty (30) days if the application is incomplete. The City shall make a decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150) days of the receipt of a completed application.
3. c.
  Factors Considered in Granting Special Use Permits: The City of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in Section 10-8-5 of this title. The City of Yorkville may waive or reduce the burden on the petitioner of one (1) or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby.
  1. (1)
    Height of the proposed antenna, antenna structure or tower;
  2. (2)
    Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries;
  3. (3)
    Nature of uses on adjacent and nearby properties;
  4. (4)
    Surrounding topography;
  5. (5)
    Surrounding tree coverage and foliage;
  6. (6)
    Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
  7. (7)
    Proposed ingress and egress.
4. d.
  Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet.
5. e.
  Setbacks and Separation.
  1. (1)
    Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off-site, residential structure. Antenna structures, guylines, and equipment shelters must satisfy the minimum setback requirements for the governing zoning district.
  2. (2)
    Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Plan Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower:
    (a)
    Separation From Off-Site Uses/Designated Area.
    (i)
    Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 10-4-15(A)(5)(e)(2) of this section.
    (ii)
    Separation requirements for towers shall comply with the minimum standards established in Table 10-4-15(A)(5)(e)(2) of this section.

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

1. 1. (3)
    Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances shall be as shown in Table 10-4-15(A)(5)(e)(3) of this section.

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

1. 1. f.
    Siting on Wetland Prohibited. No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the City of Yorkville, Kendall County, the State of Illinois Department of Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers, and any and all governmental bodies and agencies having jurisdiction.
  2. g.
    FCC Signage. To the extent that signage is required by the FCC on an antenna structure, or tower, that signage shall constitute no more than five (5) percent of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
  3. h.
    Preservation of Landscape. Existing mature tree growth and natural landforms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.
  4. i.
    Utilities and Access Required. Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for small wireless services, small wireless facilities, and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried.
  5. j.
    Signal Interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied.
  6. k.
    Equipment Shelter and Equipment Cabinets. A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty (20) percent of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one (1) antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one (1) roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site.
  7. l.
    Equipment Cabinets.
    (1)
    In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area and the cabinet/structure is located a minimum of six (6) feet from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty-two (42) inches to forty-eight (48) inches and a planted height of at least thirty-six (36) inches.
    (2)
    In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty-six (36) inches.
    (3)
    In business and manufacturing districts the equipment cabinet or structure shall be no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
  8. m.
    Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the National Electrical Code, NFPA 70 and International Building Code; Radio, Television Towers Codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the Federal Aviation Administration.
  9. n.
    Removal of Abandoned Antennas, Antenna Structures, or Towers. Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower.
  10. o.
    Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the Zoning Board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of small wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed small wireless facility, where collocation is technologically feasible.
2. 6.
  Nonconforming Uses.
  1. a.
    Prohibited Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
  2. b.
    Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
  3. c.
    Rebuilding Damaged or Destroyed Nonconforming Antennas, Antenna Structures or Towers. Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 10-4-15(A)(4)(n) of this chapter.
3. 7.
  Annual Reporting of Information. Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the City of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect.

Effective on: 1/1/1901

10-4-16. Accessory Use Standards

Accessory Buildings and Accessory Structures, Permanent.

1.
Location. Accessory buildings and structures shall be subject to the following locational requirements:
1. a.
  If located entirely within the required rear or side yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
2. b.
  Only accessory buildings shall be located at least ten (10) feet from the principal building, however, accessory structures may be attached to or located adjacent to the principal building.
3. c.
  If located entirely within the buildable area of the lot, the accessory building or structure shall not be located between the primary building and the front property line.
4. d.
  No permanent accessory building or structure shall be located within a public utility easement or within a designated stormwater overflow route.
5. e.
  If located partially in a required yard and partially in the buildable area of the lot, the accessory building or structure shall maintain the required side setback for the full length of the property and be a minimum of five (5) feet from the rear property line.

Figure 4.11. Permanent Accessory Buildings and Accessory Structures Standards

1. 2.
  Location on Reversed Corner Lots. On a reversed corner lot in a residence district and within fifteen (15) feet of any adjacent property to the rear in a residence district, no accessory building or permanent accessory structure or portion thereof shall be closer to the side lot line abutting the street than a distance equal to sixty (60) percent of the minimum depth required in Table 10-3-9(A) for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building or structure shall be located within five (5) feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.

Figure 4.12. Permanent Accessory Building and Accessory Standards - Location on Reversed Corner Lots

1. 3.
  Time of Construction. No accessory building or permanent accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory, or as provided in section 10-3-3 of this title for contiguous parcels.
2. 4.
  Height of Accessory Buildings or Structures in Required Rear Yards. No accessory building or permanent accessory structure or portion thereof shall exceed fifteen (15) feet in height when located within the required rear yard.
B.
Accessory Commercial Unit
1. 1.
  Only one (1) ACU may be allowed per lot.
2. 2.
  An accessory commercial unit (ACU) shall be located in a permanent accessory building or structure subject to all standards in Section 10-4-16(A).
3. 3.
  Outdoor seating, drive-throughs, outdoor display areas, and rooftop decks associated with an ACU shall be prohibited.
4. 4.
  An ADA-compliant pedestrian circulation system shall connect the primary entrance of the ACU building with the sidewalk in a way that does not require out-of-direction travel.
5. 5.
  The hours of operation shall be limited to between 7 am and 9 pm daily.
6. 6.
  The City Council may limit the number of customers or clientele served by the ACU per day during the Special Use Permit process.
7. 7.
  The ACU shall use the same mailbox, water meter, and trash containers as the principal use. The use of additional mailboxes, water meters, or trash containers by the secondary dwelling unit separate from the principal use shall be prohibited.
8. 8.
  The owner of the property on which the ACU is situated shall continue to occupy the principal residential structure on-site as their primary residence.
C.
Domestic Hens. The keeping of domestic hens shall be subject to the provisions of Title 8, Chapter 19 of the City of Yorkville Code of Ordinances.
D.
Drive Throughs.
1. 1.
  Drive throughs shall be permitted a maximum of four (4) menu boards per lane.
2. 2.
  Each menu board or pre-order board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu boards and pre-order boards may utilize electrically activated changeable copy message centers for one hundred (100) percent of the permitted menu board or pre-order board area and must follow all regulations of Section 10-6-5(B).
3. 3.
  Any structural element of a drive through, including pavement, speaker boxes, or menu signs shall be located a minimum distance of five hundred (500) feet from the property line of any residentially zoned parcel.
4. 4.
  Any speaker or intercom associated with a drive through shall not be audible beyond the boundaries of the property.
5. 5.
  Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, shall not cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.
6. 6.
  Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated, subject to City Engineer approval.
7. 7.
  Drive through facilities shall be provided with a bypass lane with a minimum width of twelve (12) feet unless an alternative means of exit is approved by the City Engineer.
8. 8.
  Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths:
  1. a.
    One (1) lane: twelve (12) feet.
  2. b.
    Two (2) or more lanes: ten (10) feet per lane.
  3. c.
    Drive through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 10-4-16(D).

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Figure 4.13. Accessory Dwelling Unit Standards

E.
Recreational Vehicle, Trailer, and Boat Parking.
1. 1.
  Permanently Affixing to Ground Prohibited. Recreational vehicles, trailers, and other recreational equipment shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district.
2. 2.
  Improved Hard Surface. Recreational vehicles, trailers, boats, and other recreational equipment shall be parked on a driveway or a parking pad as specified in Section 10-5-2(B)(4) if constructed in a front or side yard but may be parked on the grass if located in the rear yard as approved only by the City Engineer.
3. 3.
  Number. A maximum of one (1) recreational vehicle, trailer, boat, or other recreational equipment shall be parked on a lot any given time, in addition to any automobiles permitted by the Zoning Ordinance.
4. 4.
  Location. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following:
  1. a.
    If located entirely within the required rear yard the recreational vehicle, trailer, boat, or other recreational equipment shall be located a minimum of five (5) feet from side and rear property lines,
  2. b.
    If located entirely within the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall not be located between the primary building and the front property line, or
  3. c.
    If located partially in the required rear yard and partially in the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
5. 5.
  Screening. If a recreational vehicle, trailer, boat, or other recreational equipment is parked on a driveway located within the required side yard setback it shall be screened from the adjacent property with a six (6) foot high opaque fence.
F.
Home Occupations. The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the existing character of the surrounding area. Any gainful activity which is not a permitted home occupation as defined in this title shall be considered a business use and shall not be allowed under the provisions of this Section. Any such use existing on the effective date of this title shall be subject to provisions of Chapter 9 for the elimination of a nonconforming use.
1. 1.
  Any customary home occupation shall be permitted provided that:
  1. a.
    It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes.
  2. b.
    It does not require internal or external alteration;
  3. c.
    It does not involve construction features or use of equipment not customary in a dwelling;
  4. d.
    The entrance to the space devoted to such occupation shall be from within the dwelling;
  5. e.
    Not more than twenty-five (25) percent of the floor area, including the lookout basement, of the dwelling shall be devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five (25) percent of the floor area of the dwelling;
  6. f.
    There is no display or activity that will indicate from the exterior of the dwelling that it is being used in part for any use other than a dwelling.
  7. g.
    No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or household purposes;
  8. h.
    Off-street parking is provided in accordance with the provisions of Section 10-5-1(H), of this title;
  9. i.
    Limited amounts of goods, commodities or stock in trade shall be received, retained, used, or stored on, or physically transferred from the premises;
  10. j.
    Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwellings; It does not interfere with the reasonable use and enjoyment of adjacent properties, such as, but not limited to, those home occupations that create any form of electromagnetic interference or cause fluctuation in line voltage outside of the dwelling in which the home occupation is conducted;
  11. k.
    It does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district; and
  12. l.
    In-home daycare/childcare services shall meet the following provisions:
    (1)
    Any person operating an in-home daycare/childcare service shall obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service.
    (2)
    Any person operating an in-home daycare/childcare service shall obtain an operational permit from the Bristol Kendall Fire District.
    (3)
    In home daycare/childcare services are limited to no more than twelve (12) children under the age of twelve (12) at any one (1) time, unless approved through a special use permit pursuant to Section 10-8-5 of this title.
2. 2.
  Any home occupation requiring a local, state, or federal license shall be obtained.
3. 3.
  The following home occupations are prohibited:
  1. a.
    Selling or manufacturing of firearms;
  2. b.
    Automobile repair services;
  3. c.
    Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
  4. d.
    Manufacturing business;
  5. e.
    Medical clinic or hospital;
  6. f.
    Animal hospital or kennel (animal grooming services are permitted);
  7. g.
    Restaurant;
  8. h.
    Mortuary and funeral parlors; and
  9. i.
    Commercial automobile repair;
  10. j.
    Any activity that produces noxious matter or employs or produces flammable matter.
G.
Outdoor Displays. In the business and manufacturing districts outdoor displays are permitted accessory uses provided that the following provisions are met. However, nothing in this section shall waive the prohibition of outdoor storage as defined and regulated in this title.
1. 1.
  Accessory Use. Outdoor displays shall be permitted only as an accessory use on the same lot as a permitted or special use of the business or operation located there and shall not operate as a separate enterprise.
2. 2.
  Nature of Merchandise. The goods, merchandise, or products offered for sale in an outdoor display area must be of such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers, farming equipment, landscape supplies, propane or other material contained in a pressurized tank, ice/vending machines, recycling containers and automated teller machines (ATM). Goods, merchandise or products that are typically located within a permanent building or structure, such as clothing and prepared food, shall not be offered for sale in a permanent outdoor display area.
3. 3.
  Location.
  1. a.
    Setbacks. Outdoor display areas may be located in front of, on the side of, or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the zoning district in which it is located.
  2. b.
    Parking. Outdoor display areas may be located within existing parking spaces but only if there is a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as provided in Section 10-5-1(H)(5) of this title.
  3. c.
    Pedestrian Walkways. Outdoor display areas may be located on a pedestrian walkway if an unobstructed portion of the walkway measuring not less than three (3) feet in width shall be continuously maintained for pedestrian access and no point of ingress or egress from any building or any individual unit within any building shall be blocked at any time.
  4. d.
    Right-of-Way. Unless otherwise provided by this title, outdoor display areas shall not be located on any public or private right-of-way.
  5. e.
    Lawn. Outdoor display areas may be located on concrete, asphalt, or brick paver areas and shall not be located on lawn areas or required landscape areas.
  6. f.
    Near Single-Family Residence District. No outdoor display areas shall be located within fifty (50) feet of any single-family residentially zoned district, exclusive of rights-of-way.
4. 4.
  Size. Outdoor display areas shall be limited to thirty-five (35) percent of the gross floor area of the primary building or tenant space to which the outdoor display area is an accessory, with the exception of vehicle, trailer and farming equipment dealerships.
5. 5.
  Visibility. Outdoor display areas shall comply with the Vision Clearance requirements of section 10-5-6 of this title.
6. 6.
  Maintenance. All outdoor display areas must be maintained and displayed in a neat, orderly, and safe manner at all times.

Effective on: 1/1/1901

10-4-17. Temporary Use Standards

Accessory Structures, Temporary.

1.
Temporary accessory structures shall be allowed for between thirty (30) days and six (6) months as approved through a temporary use permit as specified in Section 10-8-3(F).
2.
If located entirely within the required yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
3.
Temporary accessory structures may be attached to or located adjacent to the principal building.
4.
If located entirely within the buildable area of the lot the temporary accessory structure shall not be located between the primary building and the front property line.
5.
If located partially in the required rear yard and partially in the buildable area of the lot, the temporary accessory structure shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
6.
Time of Construction. No temporary accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory.

Mobile Food Vendor Vehicles and Retail Vendor Vehicles.

1.
Purpose. The purpose of this section is to encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the general public.
2.
General Provisions.
1. a.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a certificate of registration from the office of the City Clerk in accordance with title 3, chapter 5 of the City of Yorkville Municipal Code.
2. b.
  Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county, and local business tax, sales tax, and other tax requirements.
3. c.
  It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section.
4. d.
  Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the City, subject to the location and operational standards established in this title.
5. e.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall not:
  1. (1)
    obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to, access to or from any business, public building, or dwelling;
  2. (2)
    conflict with the vision clearance requirements of section 10-5-6 of this title; or
  3. (3)
    prevent access of emergency vehicles.
6. f.
  Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle.
7. g.
  No amplified music or loudspeakers shall be permitted.
8. h.
  Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the standards of Section 10-5-7.
9. i.
  No sales or service of alcohol shall be allowed by mobile food vendor vehicles.
10. j.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator.
3.
Location and Operational Standards.
1. a.
  Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all State and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit.
  2. (2)
    Operation of mobile food vendor vehicles and mobile retail vendor vehicles within City parks shall be subject to rules and regulations established by the Park Board.
  3. (3)
    No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property.
  4. (4)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within five hundred (500) feet from any K-12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days, unless as part of a permitted special event or rally.
  5. (5)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within twenty-five (25) feet from a street intersection with a crosswalk, traffic light, or stop sign, or within twenty-five (25) feet from a railroad crossing.
  6. (6)
    Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians.
  7. (7)
    All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street.
  8. (8)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle, or any other equipment or furniture related to the operation of its business, except for required refuse receptacles.
  9. (9)
    Mobile food vendor vehicles greater than thirty-five (35) feet in length, or that occupy more than two (2) on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties.
  10. (10)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business.
2. b.
  Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property.
  1. (1)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts.
  2. (2)
    Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than eight (8) of the required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot.
  3. (3)
    The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be determined as follows:
    (a)
    One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every five hundred twenty-five (525) square feet of paved area (at least thirty-five (35) feet by fifteen (15) feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than thirty-five (35) feet in length require a space at least seventy feet (70) by fifteen (15) feet.
    (b)
    Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface.
    (c)
    Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way.
    (d)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle.
3. c.
  Canteen Trucks Operating on Private Property.
  1. (1)
    Canteen trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity.
  2. (2)
    Canteen trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress, or access to or from the construction site.
  3. (3)
    No unattended canteen truck shall be parked overnight on any property.
4. d.
  Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles may provide private sales service within the public right-of-way and on private property in residential districts only.
  2. (2)
    Private vendor services by mobile food vendor vehicles and mobile retail vendor vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted.
  3. (3)
    Payment shall occur directly between the event host and the mobile food vendor vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders.
  4. (4)
    All operational standards for operating a mobile food vendor vehicle and mobile retail vendor vehicle as provided in this section shall apply.

Storage of Roadway Construction Materials.

1.
A temporary use permit and building permit shall be required prior to the establishment of a storage area for roadway construction materials. In addition to all required permit application materials, the following shall be required:
1. a.
  A site plan depicting the location of proposed construction material storage locations, site ingress and egress, stormwater runoff control measures, other stormwater management practices, and any other information requested by the Zoning Officer shall be required; and
2. b.
  A traffic plan.
2.
Roadway construction material storage areas shall be utilized between the hours of 7:00am and 10:00pm only.

Portable Outdoor Storage Device. Portable outdoor storage devices are allowed in any district provided they are issued a temporary use permit and meet the following conditions:

1.
Only one (1) portable outdoor storage device may be located on a lot at a time.
2.
No portion of any portable outdoor storage device may extend onto the public right-of-way, including but not limited to sidewalks, parkways, streets, or alleys unless otherwise approved through the temporary use permit.
3.
The portable outdoor storage device shall not exceed eight (8) feet in width, twelve (12) feet in length and eight (8) feet in height, or seven-hundred sixty-eight (768) cubic feet.
4.
The portable outdoor storage device must be located on an impervious surface.
5.
Placement of a portable outdoor storage device shall be limited to thirty (30) days per residential lot, per calendar year.
6.
Placement of a portable outdoor storage device shall be limited to sixty (60) days per business, manufacturing, institutional, open space, or agricultural lot, per calendar year.
7.
Every portable outdoor storage device must be locked and secured when not being loaded or unloaded.
8.
The temporary use permit shall be prominently displayed during the approval period.
9.
The Planning and Zoning Commission may approve containers that exceed the allowable number, size, surface, or length of time.

Temporary and Seasonal Uses.

1.
Purpose. To further encourage the revitalization of the downtown and other areas within the City, these standards are intended to provide a temporary but unique environment for relaxation, social interaction, and food or beverage consumption within public rights-of-way and public sidewalks without impeding the free and safe flow of pedestrian or vehicular traffic.
2.
General Provisions.
1. a.
  Encroachment. A sidewalk cafe or parklet cafe shall not be considered an "encroachment" so long as all outdoor facilities related thereto are temporary in nature, are not permanently affixed so as to extend below or above the sidewalk or public right-of-way, involve no penetration of the sidewalk surface or public right-of-way, are not attached to any building and are readily removable without damage to the surface of the sidewalk or public right-of-way.
2. b.
  Time Period. Sidewalk cafes and parklet cafes may be permitted from April 1st through October 31st. Time extensions may be granted for sidewalk cafe and parklet cafe operations per the discretion of the Zoning Administrator on a case-by-case basis. Parklet cafes not removed after October 31st and without an approved extension may be removed by the City at the owner's expense.
3. c.
  Permit.
  1. (1)
    Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-8-3(F) of this title.
  2. (2)
    Outdoor dining on a public sidewalk or within the right-of-way may occur only pursuant to the issuance of a permit.
  3. (3)
    A sidewalk cafe or parklet cafe permit is non-transferrable.
4. d.
  Prohibited Locations. Outside dining will not be permitted on sidewalks or within the public right-of-way designated by the City Council as shared bicycle and pedestrian trails or paths.
5. e.
  Seating. Seating in the sidewalk cafe or parklet cafe shall not be included to meet the required guest seating capacity for any license classification.
6. f.
  Indemnification. The permittee shall defend, indemnify, and hold the City, and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under the sidewalk cafe or parklet cafe permit.
3.
Development and Design Standards. The following standards, criteria, conditions and restrictions shall apply to all sidewalk cafes and parklet cafes, provided, however, that the Zoning Administrator or designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare to prevent a nuisance from developing or continuing, and to comply with all other City ordinances and applicable state and federal laws.
1. a.
  Sidewalk Café.
  1. (1)
    Design Elements.
    (a)
    Elements of a typical sidewalk cafe may include, but are not limited to, the following: barriers, planters, tables, chairs, umbrellas, menu display, heat lamps and ingress/egress access point.
    (b)
    The design, material, and colors used for the furniture and fixtures within the sidewalk cafe shall complement the architectural style and colors of the building facade and public street furniture, if any, and withstand inclement weather.
  2. (2)
    Setbacks.
    (a)
    No element of the sidewalk cafe, as described above, may obstruct the pedestrian way in a manner which reduces the depth of the pedestrian way to less than five (5) feet. Light poles, tree wells, fire hydrants and other such items may fall within the pedestrian path allowed between the curb and the leading edge of the sidewalk cafe.
    (b)
    A sidewalk cafe shall not unreasonably obstruct the visibility of neighboring businesses. In such cases a sidewalk cafe operator may be required to adjust the layout of the outdoor dining area per the recommendation of the Zoning Administrator or designee.
    (c)
    Sidewalk cafes must be located a minimum distance of one hundred (100) feet from the nearest residential zoned district.
    (d)
    The width of the sidewalk cafe must not extend beyond the frontage of the business establishment unless written notarized consent of the adjacent business and property owner has been provided to the Zoning Administrator.
    (e)
    Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the building along both frontages.
    (f)
    For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion of the Zoning Administrator in locations where unusual circumstances exist or where public safety would be jeopardized.
  3. (3)
    Barriers.
    (a)
    The perimeter of sidewalk cafes that extend more than three (3) feet into the public right-of-way shall be enclosed by barriers that are durable, removable, and maintained in good condition.
    (b)
    Sidewalk cafes that extend three (3) feet or less into the public right-of-way and do not serve alcohol are not required to be enclosed by a barrier.
    (c)
    Sidewalk cafes that serve alcohol must be surrounded by a barrier in all cases. Barrier access point must be controlled by the sidewalk cafe operator/business establishment. Business establishment owners should maintain compliance with Yorkville's Liquor Control Ordinance standards for serving alcohol outside of enclosed businesses.
    (d)
    Moveable barriers and all furniture shall be removed at the end of each business day unless otherwise approved by the Zoning Administrator or designee. Moveable barriers shall be capable of being removed through the use of recessed sleeves and posts, wheels that can be locked in place, and/or weighted bases. Barrier segment bases should be flat with tapered edges that are between one-fourth (0.25) inch and one-half (0.5) inch thick.
    (e)
    The maximum height of any barrier shall not exceed three (3) feet six (6) inches. The lowest point in the barrier should be no more than six (6) inches in height above the ground to comply with ADA detectable warning regulations.
    (f)
    Rigid fence sections may be placed end-to-end to create the appearance of a single fence. Sectional fencing shall be composed of metal or wood and shall be painted or finished in a complementary color to the building color or accent materials. Sectional fencing may be constructed from other materials such as but not limited to aircraft cable, fabric, steel or iron elements if approved by the Zoning Administrator or designee.
    (g)
    Planters.
    (i)
    Planters may also be used as a barrier or planter boxes as barrier components.
    (ii)
    Planters must be no more than three (3) feet in height and plant materials may be up to three (3) feet tall.
    (iii)
    Planters shall be kept in clean condition, contain living plants, and be removed at the end of each business day.
    (h)
    Access openings must be kept clear of all materials and should measure no less than forty-four (44) inches wide.
  4. (4)
    Awnings and Umbrellas.
    (a)
    The use of awnings over the outdoor dining area or removable table umbrellas may be permitted provided they do not interfere with street trees.
    (b)
    No portion of the awning shall be less than eight (8) feet above the sidewalk and no portion of the umbrella shall be less than seven (7) feet above the sidewalk.
    (c)
    Awnings may extend up to five (5) feet from the front of the building's facade or cover up to fifty (50) percent of the outdoor dining area, whichever is less.
    (d)
    Awnings shall have no support posts located within the public right-of-way.
    (e)
    A separate building permit must be obtained prior to the installation of the awning.
    (f)
    Notwithstanding any provisions in this Code, signs and logos shall be permitted on umbrellas or awnings in outdoor dining areas.
  5. (5)
    Prohibited Items.
    (a)
    Permanently affixed furniture to the public sidewalk is prohibited.
    (b)
    Shelves, serving stations, flimsy plastic tables and chairs, unfinished lumber or splintering wooden materials, rusted metal, and loudspeakers, are prohibited.
    (c)
    Tying or otherwise securing sidewalk cafe elements to trees, lamp posts, street signs, streetlights, and/or hydrants is prohibited.
    (d)
    Chain link, rope rails, and chain are prohibited as barrier materials.
    (e)
    Rails, buckets, flag poles, and newspaper stands are prohibited.
    (f)
    No alterations or coverings should be made to the sidewalks or placed over the sidewalk cafe space. Platforms, artificial turf, paint, or carpet in sidewalk cafe areas is prohibited.
    (g)
    If wait service is not provided in the sidewalk cafe area, the business establishment is required to supply a waste receptacle. If wait service is provided, the business establishment is prohibited from placing a waste receptacle in the sidewalk cafe.
2. b.
  Parklet Café.
  1. (1)
    The parklet cafe site shall be located on at least one (1) parking spot within the public way and appurtenances thereof shall be a minimum of two (2) feet from the nearest edge of sidewalk. Parklet cafes are restricted to City of Yorkville public streets and shall not be permitted on any state, county or township roadways.
  2. (2)
    Tables, chairs, umbrellas or other fixtures in the parklet cafe:
    (a)
    Shall not be placed within five (5) feet of fire hydrants, alleys or bike racks.
    (b)
    Shall not be placed within five (5) feet of a pedestrian crosswalk.
    (c)
    Shall not block designated ingress, egress, or fire exits from or to the business establishment or any other structures.
    (d)
    Shall not be physically attached, chained, or in any manner affixed to any structure, tree, signpost, or light pole.
    (e)
    May be removed by the City at owner's expense if not installed per approved plans or installed after permit expiration.
    (f)
    Shall be maintained in a clean, sanitary, and safe manner.
    (g)
    Shall consist of commercial-grade furniture.
    (h)
    Shall not be placed outside or hang over the designated parklet cafe area.
  3. (3)
    The parklet cafe shall be located in such a manner that a distance of not less than four (4) feet is maintained at all times as a clear and unobstructed pedestrian path. For the purpose of the minimum clear path, traffic signs, trees, light poles and all similar obstacles shall be considered obstructions.
  4. (4)
    The parklet cafe, along with the sidewalk and roadway immediately adjacent to it, shall be maintained in a neat and orderly manner at all times. Debris shall be removed as required during the day and again at the close of each business day. Maintenance details shall include access panels and how drainage will be provided along the existing drainage way.
  5. (5)
    Parklet cafe decking must be flush with the curb and may not have more than a one-half (0.5) inch gap from the curb.
  6. (6)
    The parklet cafe platform shall allow for access underneath the platform and curbside drainage may not be impeded.
  7. (7)
    All rails around the parklet cafe must be capable of withstanding a two hundred (200) pound horizontal force.
  8. (8)
    The parklet cafe shall be required to have reflective tape, soft hit posts, wheel stops and, depending on the proposed location, may be required by the Zoning Administrator or designee to have edging such as planters, railing or cables.
    (a)
    If cables are used, vertical spacing between cables may not exceed six (6) inches.
  9. (9)
    Umbrellas and other decorative material shall be made of treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant. No portion of an umbrella shall be less than six (6) feet eight (8) inches above the sidewalk. Umbrellas must be secured.
  10. (10)
    Temporary signage such as menu boards or easels may be permitted in parklet cafes.
  11. (11)
    No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  12. (12)
    No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  13. (13)
    Parklet cafes shall meet the vision clearance requirements of Section 10-5-6 of this title.

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 4

USE STANDARDS

10-4-1. Agricultural Use Standards

Apiary. Apiaries shall be subject to the applicable provisions of Title 8, Chapter 18 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-2. Residential Use Standards

Dwelling, Duplex.

1.
The main entrances to a duplex shall face the primary street.
2.
A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this Title, shall be provided in an attached or detached garage. Attached garages are encouraged to be located on rear or side façades. If attached garages are located on the primary façade they shall comply with the following standards.
1. a.
  Setback a minimum of twenty-five (25) feet from the street right-of-way or the required front yard setback, whichever is greater.
2. b.
  Garage Set Ahead.
  1. (1)
    The garage may be set ahead a maximum of five (5) feet from the front façade of the home, inclusive of porches, bay windows, or other minor projections.
  2. (2)
    If the garage is set ahead from the front façade of the home, as detailed in (a) above, it shall not exceed forty-five (45) percent of the façade’s total width.
3. c.
  Garage In Line. If the garage is in line with the front façade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed fifty (50) percent of the façade’s total width.
4. d.
  Garage Set Behind.
  1. (1)
    The garage may be set behind the front façade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one (1) foot.
  2. (2)
    If the garage is set behind the front façade of the home, as detailed in (a) above, it shall not exceed fifty-five (55) percent of the façade’s total width.

Figure 4.1. Duplex Dwelling Standards

B.
Dwelling, Multi-Family.
1. 1.
  The main entrance to a multi-family dwelling shall face the primary perimeter or internal street, unless otherwise allowed in subsection (5) below.
2. 2.
  All off-street parking shall be located to the side or rear of the primary building. Off-street parking located to the side of the primary building shall be set back a minimum of one (1) foot from the front elevation of the primary building.
3. 3.
  A maximum of one (1) curb cut shall be permitted per street frontage unless otherwise recommended by the Public Works Director and approved by the Planning and Zoning Commission.
4. 4.
  Service areas, dumpsters, utilities and the required nonvegetative screening thereof shall not be visible from rights-of-way.
5. 5.
  Multi-Building Developments. Developments with multiple multi-family dwelling buildings shall meet the following additional standards.
  1. a.
    The primary façade shall include a building entrance and be oriented towards the following (listed in priority order). Primary façades shall not be oriented towards off-street parking lots, garages, or carports.
    (1)
    Perimeter Streets,
    (2)
    Internal Streets,
    (3)
    Parks or other common open space, or
    (4)
    Secondary internal streets.

Figure 4.2. Multi-Family Dwelling Standards

C.
Dwelling, Townhouse.
1. 1.
  The entrance to a townhouse shall face the primary public street unless otherwise approved.
2. 2.
  A minimum of one (1) of the parking spaces, as required in Section 10-5-1(H) of this UDO, shall be provided in an attached or detached garage.
3. 3.
  Attached garages shall be located on rear or side façades unless otherwise approved.
4. 4.
  A maximum width of a townhome cluster shall be two hundred (200) lineal feet.
5. 5.
  The siting of the townhouse units in a cluster shall be staggered in order to define street edges, entry points, and public gathering spaces.

Figure 4.3. Townhouse Dwelling Standards

D.
Mobile Home Park.
1. 1.
  The minimum site size shall be ten (10) acres.

Effective on: 1/1/1901

10-4-3. Lodging Use Standards

Short-Term Rental. Short-term rentals shall be subject to the hotel tax provisions established in Title 3, Chapter 1, Section 3-2-7 of the City of Yorkville Code of Ordinances.

Effective on: 1/1/1901

10-4-4. Commercial Retail Use Standards

Adult Uses.

1.
Limitations on Adult Uses.
1. a.
  Distance from another existing adult use: An adult use shall not be allowed within five hundred (500) feet of another preexisting adult use.
2. b.
  Distance from zoning districts: An adult use shall not be located within seven hundred (700) feet of any zoning district which is zoned for single-family suburban residence district (R-1), single-family traditional residence district (R-2), two-family attached residence district (R-2D), multi-family attached residence district (R-3), general multi-family residence district (R-4), local business district (B-1), mixed use district (B-2), general business district (B-3), agricultural district (A-1).
3. c.
  Distance from school or place of worship: An adult use shall not be located within five hundred (500) feet of a preexisting school or place of worship.
4. d.
  Distance from business selling alcoholic beverages and cannabis dispensaries: An adult use shall not be located in a building which contains another business that sells or dispenses in some manner alcoholic beverages or Cannabis Dispensing Organization as defined in this UDO.
5. e.
  Arterial roadways: Adult uses which are located next to an arterial roadway, as defined in the City's comprehensive plan, must provide a twenty-five (25) foot setback from any property line.
6. f.
  Nonarterial roadways: Adult uses which are located next to a nonarterial roadway, as defined in the City's comprehensive plan, must provide a ten (10) foot setback from the side and rear property lines and shall provide a twenty-five (25) foot setback from the front property line.
7. g.
  Traffic study: A traffic study may be required as part of the special use permit approval process.
2.
Measurement of Distance. For the purposes of this Section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the lot or parcel containing the adult use to the property line of the lot or parcel containing the nearest adult use, school, place of worship, cannabis dispensary, or district zone for residential use.
3.
Exterior Signage and Display. No adult use shall be conducted in any manner that permits the observation of any material, depicting, describing, or relating to "specified sexual activities", "specified anatomical areas" or otherwise deemed to be obscene by display, decoration, sign, show window, or other opening from any public way or from any property not licensed as an adult use.
4.
Display of License and Permit. Every licensee (per Chapter 11 Section 3-11-5 of the City of Yorkville Code of Ordinances) shall display a valid license in a conspicuous place within the adult use business so that same may be readily seen by persons entering the premises.
5.
Employment of Persons Under the Age of Eighteen (18) Prohibited. It shall be unlawful for any adult use licensee or their manager or employee to employ in any capacity within the adult business any person who is not at least eighteen (18) years of age.
6.
Hours of Operation. All areas within the premises of an adult use business shall be cleared of customers and secured from customers and the public in general during the time when not permitted open for operation, and no person, other than the licensee or their employees or agents, shall be permitted within the area of such premises during such hours as listed below:
1. a.
  Monday through Saturday: 7:00am to 1:00am the next day
2. b.
  Sunday: 11:00am to 1:00am the next day
7.
Violation and Penalty. Each day of violation of the requirements of this Section shall constitute a separate and punishable offense.

Effective on: 1/1/1901

10-4-5. Commercial Service Use Standards

Indoor Shooting Gallery/Gun Range.

1.
When located in a multiple-tenant building, shall only be located in an end unit and with the gallery/range not adjacent to an adjoining unit.
2.
The minimum building setback for indoor shooting gallery/gun range facilities shall be fifty (50) feet from any property line that abuts a residentially zoned property.
3.
The retail operations of any indoor shooting gallery/gun ranges shall occupy not more than twenty-five (25) percent of the total floor area.

Storage, Outdoor Self-Storage.

1.
All storage facilities shall be in completely enclosed buildings or structures when located in a Manufacturing Zoning District or when located within one hundred fifty (150) feet of a property in a Residential Zoning District.
2.
There shall be a minimum of twenty (20) feet between buildings.
3.
Truck and storage pod rentals are permitted accessory uses.

Effective on: 1/1/1901

10-4-6. Commercial Entertainment Use Standards

Commercial Entertainment, Outdoor.

1.
All golf course and driving range perimeters shall be fully enclosed in netting not less than thirty-two (32) feet in height, with the maximum height to be established in the Special Use process as specified in Section 10-8-5.
2.
The netting shall be at least ninety (90) percent transparent.

Golf Course.

1.
Regulation size golf courses are permitted provided that no clubhouse or accessory building shall be nearer than five hundred (500) feet to any dwelling on an adjacent zoning lot, with the exception of golf courses in the A-1 District where the minimum separation requirement shall be three hundred (300) feet.

Effective on: 1/1/1901

10-4-7. Eating and Drinking Use Standards

Brewpub.

1.
Brewpubs operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area. If off-premises consumption is allowed, all sales must be in a sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises.

Microbrewery/Microwinery/Microdistillery

1.
Microbreweries.
1. a.
  Microbreweries, where if off-premises consumption is allowed, all sales must be in a hand capped, sealed container with a total maximum production of one hundred fifty-five thousand (155,000) gallons per calendar year inclusive of on-premises and off-premises sales.
2. b.
  Microbrewery operations will be ancillary to a restaurant or eating establishment, and the brewing component of the facility shall be no more than twenty-five (25) percent of the total floor area.
2.
Microdistilleries and Microwineries.
1. a.
  Outdoor storage of equipment, production waste or product for microdistilleries and microwineries is strictly prohibited when located in a business district. However, outdoor storage of spent grains or grapes may be permitted to be stored outdoors in appropriate silos or containers in the manufacturing districts, provided the storage is screened from public view. Screening may be with fencing, landscaping, or a combination of both.
2. b.
  All microdistilleries and microwineries located in business districts must have off-street or rear accessible loading and unloading facilities.
3. c.
  Microdistilleries or microwineries located in business districts must include an ancillary tasting room with a minimum of one hundred fifty (150) square feet. Retail sales of the product from a microdistillery or microwinery are permitted on-site and shall be consistent with state and City laws.

Effective on: 1/1/1901

10-4-8. Medical Use Standards

RESERVE

Effective on: 1/1/1901

10-4-9. Vehicle Related Use Standards

Automobile Rental; Automobile Sales and Service/Open Sales Lot; Boat Sales and Rental; Recreational Vehicle Sales and Rental; and Truck and Trailer Sales/Rental.

1.
Open sales and rental lots shall be exempt from the landscape spacing requirements for the parking area perimeter zone and instead may cluster required landscape elements in order to preserve views to goods offered for sale.
2.
Outdoor facilities shall be enclosed by an opaque fence or wall a minimum six (6) feet in height.

Effective on: 1/1/1901

10-4-10. Energy Industrial Uses

Data Center

1.
Landscape Buffer - when adjacent to non-manufacturing zoned land use
1. a.
  In addition to Section 10-5-3 the following requirements apply:
  1. (1)
    Minimum of 100 foot-landscape buffer when adjacent to non-manufacturing zoned land use (i.e. residential, commercial, school, public institutional, etc.).
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
  3. (3)
    Required 8-foot-tall berms when adjacent to residential subdivisions.
2.
Landscape Buffer - when adjacent to roads
1. a.
  Minimum of a 100-foot landscape buffer along any public roadway.
  1. (1)
    Landscape buffer shall be consistent with Transition Zone D in Section 10-5-3.F.
  2. (2)
    The buffer area shall be dedicated exclusively to dense landscaping, including trees and shrubs, and shall not be used for stormwater detention, roadways, walking trails, surface parking, or similar improvements.
3.
Building Separation
1. a.
  Minimum of a 500-foot building separation from the nearest data center building or structure (primary or accessory) to the nearest residential or commercial structure.
4.
Maximum Height
1. a.
  Maximum height for data centers within 1,500 feet of a residential structure shall be 70 feet including rooftop mechanical equipment.
  1. (1)
    The use of rooftop mounted HVAC or other mechanical units shall require the approval of City Council.
5.
Noise Study and Noise Mitigation
1. a.
  All applications for data centers shall provide an initial noise study at Planned Unit Development (PUD) review and a final noise study at permitting review, both of which will be subject to review by the City's sound engineering consultant.
2. b.
  The initial noise study must include the following:
  1. (1)
    A pre-construction noise study shall include baseline noise measurements of the current environment and predictive modeling in phased and at full buildout to ensure the facility's design will meet local noise limits as detailed in Title 4, Chapter 4 of Yorkville's Code of Ordinances.
  2. (2)
    For the initial study, noise source data for the cooling equipment can be based on generic or manufacturer-provided data. The purpose of the initial study is to refine the site layout and cooling scheme as needed to meet the ordinance.
3. c.
  For the final noise study, noise source data for the cooling equipment shall be based on actual sound level measurements of the specific equipment planned for the project, made in accordance with nationally recognized standards, not on interpolated, extrapolated, or otherwise calculated sound levels.
4. d.
  Data center developers must include a mitigation plan in their final noise study to ensure that operational noise does not exceed the local noise limits detailed in Yorkville's Code of Ordinances, including the penalty for tonal equipment.
5. e.
  All major mechanical equipment (i.e. generators, chillers, HVAC units) shall be fully enclosed or screened by solid barriers. If rooftop mechanical equipment is approved, they shall be enclosed in penthouses with sound dampening construction or screened with acoustic barriers as needed to meet the City noise ordinance.
  1. (1)
    Whenever possible, backup generators and condensers shall be placed on the side of the building(s) or the facility, that is farthest from residential structures.
6. f.
  The Applicant must provide a noise impact assessment report for review by the City. The report must describe how the assessment was performed, list the specific noise-generating equipment associated with operation of the Data Center Campus and On-site Substation, describe any noise control approaches and equipment that will be included in the project design, and confirm that the City's noise ordinance will be met.
7. g.
  An annual noise monitoring will be conducted by the City's sound engineering consultant for 3 years after construction completion to verify ongoing noise compliance. Alternatively, continuous noise monitoring devices shall be installed at the onset of construction and reports provided to the City throughout the life of the development to help verify ongoing noise ordinance compliance.
6.
Operational Testing
1. a.
  Operational testing of emergency backup generators shall be limited to between the hours of 11am to 5pm on weekdays only, non-holidays.
7.
Nuclear Energy
1. a.
  Data centers are strictly prohibited from using, generating, storing, or deploying nuclear energy as a power source within the City. This includes, but is not limited to, nuclear reactors, small modular reactors (SMRs), or any other nuclear-based energy.
8.
Phasing Plan
1. a.
  Implement a phased construction plan that minimizes impacts on residential structures by prioritizing initial development at the farthest distance from existing residential structures.
9.
Fencing
1. a.
  Fencing shall be security style aluminum, steel, wrought iron, or similar materials.
2. b.
  Chain-link or barbed wire fencing is prohibited along public facing edges and properties adjacent to residential land uses.
10.
Lighting and Photometric
1. a.
  Lighting and photometric plans must be submitted at the time of application and adhere to Section 10-5-7 Outside Lighting.
11.
Traffic Management Plan
1. a.
  A Traffic Management Plan shall be required during construction, including a communication strategy and an on-site point of contact during construction.
12.
Battery Storage
1. a.
  Battery storage systems shall be located a minimum of 50 feet away from any adjacent structure and must be readily accessible by Bristol Kendal Fire Protection District (BKFD) for firefighting efforts.
13.
Emergency Operations Plan
1. a.
  Emergency Operations Plan (EOP) shall be submitted and approved by the City and the Bristol Kendal Fire Protection District (BKFD) prior to issuance of a building permit and must include:
  1. (1)
    Procedures for fire suppression, hazardous material spills, evacuation, and communication in case of an incident.
  2. (2)
    The location of any battery storage systems.
  3. (3)
    Training sessions/drills and or walkthroughs with fire and police shall be required prior to occupancy permit.
  4. (4)
    Designated contacts for emergency services and a plan to broadcast information if an incident could affect the public.
  5. (5)
    Must work with KenCom emergency managers to be part of text or siren alert systems.
14.
Building Code Enhanced Standards
1. a.
  Installing advanced early fire detection in server rooms, using fire-resistive construction beyond code minimums on walls facing neighborhoods, or providing additional hazardous material safeguards.
2. b.
  Compliance with National Fire Protection Association 855.
15.
Appearance Standards
1. a.
  Appearance standards shall comply with the requirements outlined in Section 10-5-8.C.4.

(Ord. No. 2025-53, effective 06/27/2025)

Effective on: 6/27/2025

10-4-11. Industrial Use Standards

Artisan Manufacturing.

1.
Gross floor area shall not exceed ten thousand (10,000) square feet.
2.
Outdoor storage and/or outdoor operations or activities shall be prohibited.
3.
Retail sales of goods manufactured on-site shall be permitted but shall be limited to twenty-five (25) percent of the total area of the building.
4.
A maximum of one (1) residential unit shall be permitted as a special use, but shall be limited to the upper floor or to the rear of the artisan manufacturing use and shall not exceed twenty five (25) percent of the gross floor area.

Assembly, Production, Manufacturing, Testing, Repairing, or Processing.

1.
All related activity shall take place within completely enclosed buildings unless otherwise specified.
2.
Within one hundred fifty (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts, all storage shall be in completely enclosed buildings or structures.
3.
Storage not located within one hundred (150) feet of a residentially zoned property or a property in the B-1, B-2, or PI Districts may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) with a minimum height of eight (8) feet. In no case shall the solid walls or fences be lower in height than the enclosed storage.
4.
Solid fences or walls enclosing storage shall be meet the building foundation landscape requirements per Section 10-5-3(C).

Effective on: 1/1/1901

10-4-12. Transportation Use Standards

RESERVE

Effective on: 1/1/1901

10-4-13. Alternative Energy Use Standards

General Requirements for all Alternative Energy Uses.

1.
Applicability. The provisions of this Section are to establish zoning parameters by which solar and wind energy systems may be installed in the City. Additional renewable energy solutions not mentioned herein may be authorized subject to compliance with the applicable codes and standards of the City.
2.
Use. Solar and Wind Farms shall be an accessory to the principal permitted use of a site.
3.
Abandoned Systems. All alternative energy systems inactive or inoperable for twelve (12) continuous months shall be deemed abandoned. If the system is deemed abandoned, the owner is required to repair or remove the system from the property at the owner's expense within ninety (90) days after notice from the City. If the owner does not comply with said notice, the Building Code Official shall enforce this as a violation of the Yorkville Zoning Ordinance.
4.
Signage. No attention getting device is permitted on any alternative energy system. One (1) sign shall be permitted to indicate the emergency contact information of the property owner or operator. Said sign shall not exceed two (2) square feet in size. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
5.
Safety. All wind energy systems shall be equipped with manual and/or automatic controls and mechanical brakes to limit rotation of blades to prevent uncontrolled rotation.
6.
Lighting. Alternative energy systems shall not be illuminated, except as required by the FAA or those used in commercial applications such as streetlights.
7.
Shadow Flicker. No habitable portion of an existing adjacent structure shall be subject to shadow flicker from a wind turbine. Shadow flicker onto an adjacent roof and/or exterior wall which does not contain any windows, doors, and like openings shall be acceptable. If shadow flicker occurs, the operation of the wind turbine shall cease during those times which cause the shadow flicker.
8.
Screening. There shall be no required mechanical screening for alternative energy systems.
9.
Design. Wind energy systems and associated tower shall be a nonreflective color. The City Council may impose such conditions as are necessary to eliminate, if at all possible, any adverse effects such system may have on surrounding properties.
10.
Compliance. Wind energy systems shall meet or exceed current standards of the international building code and Federal Aviation Administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all City codes.
11.
Building Code/Safety Standards. Any owner or operator of an alternative energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for said energy systems that are published by the International Building Code, as amended from time to time. If, upon inspection, the United City of Yorkville concludes that an alternative energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the City Code Official shall require immediate removal of the system at the owner's expense.

Solar Farm.

1.
No solar farm shall be erected on any lot less than three (3) acres in size.
2.
A solar farm use may occupy up to eight-five (85) percent of a given parcel in the M-1 or M-2 District or up to eighty (80) percent of a given parcel in any other District.
3.
A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.
4.
Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
1. a.
  Evidence shall be provided that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator.
5.
Off-street parking provided on site shall be paved. Gravel or other unpaved materials shall be prohibited.
6.
Systems, equipment, and structures shall not exceed thirty feet (30) in height when ground mounted.
7.
Groundcover as specified in Section 10-5-3(A)(7) shall be provided beneath all solar panels.
8.
Ground mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of:
1. a.
  Front and Corner Yards: one hundred (100) feet,
2. b.
  Side and Rear Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.
3. c.
  Buffer Areas: one thousand (1,000) feet from the nearest solar array to roadway networks, as defined in Figure 7.1: Existing Roadway and Rail Network of the 2016 United City of Yorkville Comprehensive Plan Update.
4. d.
  Fox River: one thousand (1,000) feet from the nearest solar array to the edge of the bank of the Fox River.
9.
Systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
1. a.
  Warnings.
  1. (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  2. (2)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
10.
Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
11.
Materials Handling, Storage, and Disposal.
1. a.
  All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
2. b.
  A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state and federal laws.
12.
Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include:
1. a.
  Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component.
2. b.
  Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
3. c.
  Provisions for the restoration of the natural soil and vegetation,
4. d.
  An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
5. e.
  Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
6. f.
  A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.4. Solar Farm Standards

1. 13.
  Solar Glare: Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
2. 14.
  Easement: A blanket easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code.

C.
Building-Mounted Solar Energy Systems.
1. 1.
  Location. Building-mounted solar energy systems are allowed on the principal and accessory structures, any roof face and side and rear building facades. The systems are allowed on the front or exterior side building facades if the following conditions are met:
  1. a.
    Solar access is optimized on the front and exterior side facades.
  2. b.
    Systems are simultaneously used to shade the structure's doors or windows.
2. 2.
  Height. Systems shall not extend beyond three (3) feet parallel to the roof surface of a pitched roof. Nor shall the system extend beyond four (4) feet parallel to the roof surface of a flat roof unless completely concealed or equal to the height of the parapet wall, whichever is greater. If the system is flush-mounted, the system must be less than eight (8) inches from the roof surface. Refer to Figure 4.5 of this Section.
3. 3.
  Quantity. The total square footage may not exceed the total area of the roof surface of the structure to which the system is attached.
4. 4.
  Projection. The system may project up to four (4) feet from a building facade or roof edge. The system may project into an interior side or interior rear setback but shall be no closer than five (5) feet to the interior side or interior rear property line.

Figure 4.5. Building-Mounted Solar Energy System Standards

D.
Freestanding Solar Energy Systems – Accessory Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall be set back eight (8) feet from the interior side and interior rear property lines.
2. 2.
  Permitted Yard Locations. Freestanding solar energy systems shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of freestanding solar energy systems shall be fifteen (15) feet unless otherwise approved by the Zoning Administrator.

Figure 4.6. Freestanding Solar Energy System - Accessory Use Standards

E.
Freestanding Solar Energy System - Principal Use.
1. 1.
  Setbacks. All parts of any freestanding solar energy system shall meet the setbacks established for the district in which the system is located.
2. 2.
  Permitted Yard Locations. A freestanding solar energy system shall not be located closer to the public right-of-way than the front façade of the principal building on the adjacent lot(s). They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding solar energy system shall be prohibited.
3. 3.
  Solar Glare. Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
4. 4.
  Maximum Height. Maximum height of a freestanding solar energy system shall be fifteen (15) feet unless otherwise approved.
F.
Wind Farm.
1. 1.
  No wind farm shall be erected on any lot less than four (4) acres in size.
2. 2.
  Design and Installation.
  1. a.
    Safety Certification.
    (1)
    Wind farm systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energic (GL), or an equivalent third party prior to plan approval.
    (2)
    Following plan approval, a professional engineer shall certify, as part of the building permit application, that the foundation and tower design of the wind farm system is within accepted professional standards, given local soil and climate conditions.
  2. b.
    Controls and Brakes. All wind farm systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
  3. c.
    Electrical Components. All electrical components of the wind farm systems shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical commission). Utility lines connecting the towers, substations, etc., shall be placed underground where practical.
  4. d.
    Turbine Consistency. To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction.
  5. e.
    Warnings.
    (1)
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
    (2)
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (3)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
    (4)
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.
  6. f.
    Climb Prevention. All wind farm towers must be unclimbable by design or protected by anti-climbing devices such as:
    (1)
    Fences with locking portals at least six (6) feet high, or
    (2)
    Anti-climbing devices twelve (12) feet vertically from the base of the wind farm tower.
  7. g.
    Setbacks. Wind farm towers and appurtenant structures shall meet the following minimum setbacks.
    (1)
    Wind farm towers shall be six (6) times the height of the wind farm tower or at least three thousand, two hundred fifty (3,250) feet, whichever is greater, from any principal structure or use on the subject or neighboring property.
    (2)
    Wind farm towers shall be one and one-tenth (1.10) times the wind farm tower height from public roads, third party transmission lines, and communication towers.
    (3)
    Wind farm towers shall be one thousand six hundred forty (1,640) feet from adjacent property lines, as measured from the center of the wind farm tower foundation.
    (4)
    No part of a wind farm tower or foundation shall encroach on a public or private sewage disposal (septic) system
    (5)
    Above ground transmission facilities and poles shall be set back one-hundred fifty (150) feet from any portion any principal structure or use on the subject or neighboring property.
  8. h.
    Use of Public Roads. An applicant, owner, or operator proposing to use any City or County Road for the purpose of transporting and installation of wind farm or substation parts and/or equipment for construction, operation, or maintenance of the wind farm or substations, shall:
    (1)
    Identify all such public roads, and
    (2)
    Obtain applicable weight and size permits from relevant government agencies prior to construction.
    (3)
    To the extent an applicant, owner, or operator must obtain a weight or size permit from the City, County, or State, the applicant shall provide:
    (a)
    Financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to public roads caused by constructing, operating, or maintaining the wind farm prior to the issuance of building permits.
    (b)
    A signed copy of any agreements pertaining to the use of public roads prior to the issuance of building permits.
  9. i.
    Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this title.
3. 3.
  Operation.
  1. a.
    Maintenance.
    (1)
    The owner or operator of the wind farm must submit, upon request a summary of the operation and maintenance reports to the City. In addition to the annual summary mentioned in this subsection, the owner or operator must furnish such operation and maintenance reports, as the City reasonably requests.
    (2)
    Any replacement of equipment that is not a like-kind replacement using the same equipment in plan as approved shall require that an amendment to the special use.
  2. b.
    Materials Handling, Storage, and Disposal.
    (1)
    All solid wastes related to the construction, operation, and maintenance of the wind farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
    (2)
    A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the wind farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.
  3. c.
    Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the wind farm project is properly decommissioned, which shall include:
    (1)
    Provisions describing the triggering events for decommissioning the wind farm project. Any nonfunctioning wind turbine of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such wind turbine or component.
    (2)
    Procedures for the removal of structures, debris, and cabling, including those below the soil surface,
    (3)
    Provisions for the restoration of the natural soil and vegetation,
    (4)
    An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.
    (5)
    Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to one-hundred and twenty (120) percent of the professional engineer's certified estimate of the decommissioning cost.
    (6)
    A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Figure 4.7. Wind Farm Standards

G.
Building-Mounted Wind Energy Systems.
1. 1.
  Location. Building-mounted wind energy systems are allowed on all principal and accessory structures and shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and may not be affixed to the parapet or chimney of any structure.
2. 2.
  Setback. The systems must be set back a minimum of five (5) feet from the edge or eave of the roof.
3. 3.
  Quantity. One (1) turbine is allowed for every five hundred (500) square feet of the combined roof area. For a pitched roof, each surface of the roof shall be included in the roof area calculation.
4. 4.
  Noise. Building-mounted wind energy systems shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
5. 5.
  Height. The maximum height for a building-mounted wind energy system is fifteen (15) feet. The system is measured from the roof surface on which the system is mounted to the highest edge of the system with the exception of any roof pitches ten to twelve (10:12) or greater. The system shall not exceed fifteen (15) feet above the maximum permitted height of the zoning district. Refer to Figure 4.8 of this Section.
6. 6.
  Design. All systems shall employ a helix-style design employing airfoil blades mounted on a vertical rotor shaft. Fan-and turbine-style designs shall be prohibited.
7. 7.
  Appearance Standards. Graphics, colors, corporate logos, and text on wind energy systems located within business or manufacturing zoned properties are permitted, subject to the discretion of the City Council.
8. 8.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
  3. c.
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer.
  4. d.
    The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.8. Building-Mounted Wind Energy Systems

H.
Freestanding Wind Energy System – Accessory Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.9 of this Section.
2. 2.
  Permitted Yard Locations. A freestanding wind energy system shall not be located within the required front yard or corner side yard. They shall not be permitted within any utility, storm or drainage, water, sewer, or other type of public easement. The use of guywires as supports for a freestanding wind energy system shall be prohibited.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. A freestanding wind energy system and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.

Figure 4.9. Freestanding Wind Energy System - Accessory Use Standards

I.
Freestanding Wind Energy System – Principal Use.
1. 1.
  Clearance. In all zoning districts, the minimum clearance between the lowest tip of the rotor or blade and the ground is fifteen (15) feet. See Figure 4.10 of this Section.
2. 2.
  Permitted Yard Locations. All parts of any freestanding wind energy system shall meet the setbacks established for the district in which the system is located.
3. 3.
  Height. The maximum height for a freestanding wind energy system shall be one hundred seventy-five (175) feet measured from the base to the highest edge of the system.
4. 4.
  Setbacks. The base of the system shall be set back 1.1 times (110 percent) the height of the highest edge of the system from all property lines, overhead utility line poles, communication towers, public sidewalks or trails, public rights-of-way, and other freestanding wind energy systems. Any system or any ancillary equipment shall not be located within any required setbacks of the respective zoning district.
5. 5.
  Access. Freestanding wind energy systems and all components shall be protected against unauthorized access by the public. Climbing access to the tower shall not start until twelve (12) feet above grade.
6. 6.
  Noise. A freestanding wind energy system shall not exceed the following:
  1. a.
    Fifty-five (55) dBA when in or adjacent to all residential districts.
  2. b.
    Sixty (60) dBA when in or adjacent to all nonresidential districts.
7. 7.
  Warnings.
  1. a.
    A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
  2. b.
    Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.
    (1)
    Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Officer. The signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed.

Figure 4.10. Freestanding Wind Energy System - Principal Use Standards

(Ord. No. 2024-11, effective 03/26/2024)

Effective on: 3/26/2024

10-4-14. Medical and Adult Use Cannabis Use Standards

General Requirements for all Cannabis Uses.

1.
Business Hours. Business hours for all cannabis businesses shall be from 10:00 a.m. to 8:00 p.m. Monday through Saturday and 12:00 p.m. to 5:00 p.m. on Sundays.
2.
On-Premises Consumption. On-premises consumption of cannabis products in all cannabis businesses operations is prohibited.
3.
Signage.
1. a.
  Recreational cannabis dispensaries shall be limited to one (1) wall-mounted sign per business.
2. b.
  All cannabis establishments shall be prohibited from having electronic message board signs.
3. c.
  Signage for cannabis establishments shall not contain cannabis imagery such as leaves, plants, smoke, paraphernalia, or cartoonish imageries.

Cannabis Craft Grower.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, unless in the A-1 zoning district where the residential use is owned by the same owner as the adult-use cannabis craft grower, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis craft growers may co-locate with a dispensing organization or a cannabis infuser organization, or both, only on properties zoned within the M-1 or M-2 districts.
5.
Cannabis craft grower shall be limited to one (1) facility within the boundaries of the City.

Cannabis Cultivation Center.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this Section.
2.
Facility may not be located within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis cultivation center shall be limited to one (1) facility within the boundaries of the City.

Cannabis Dispensing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Facility shall have a maximum gross floor area of five thousand (5,000) square feet, of which at least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act and shall not sell food or alcohol for consumption on the premises.
4.
Drive-through facilities are prohibited.
5.
E-commerce delivery service platforms are prohibited.
6.
Cannabis dispensing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Infuser Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
Infuser organizations may co-locate with a dispensing organization or a cannabis craft grower organizations, or both, only on properties zoned within the M-1 or M-2 Districts. In such instances, the maximum gross floor area dedicated to the dispensing organization shall be five thousand (5,000) square feet of which seventy-five (75) percent of the floor area must be devoted to the activities authorized by the Act.
4.
Cannabis infuser organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Processing Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
At least seventy-five (75) percent of the floor area occupied by a dispensing organization shall be devoted solely to the activities the dispensing cannabis or cannabis products as authorized by the Act, and shall not sell food or alcohol for consumption on the premises.
4.
Cannabis processing organizations shall be limited to one (1) facility within the boundaries of the City.

Cannabis Transporting Organization.

1.
Facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or religious institutions, regardless of corporate boundary. Commercial/trade schools shall not be classified as a public or private school for purposes of this section.
2.
Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes, regardless of corporate boundary.
3.
The transporting organization shall be the sole use of the space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
4.
Cannabis transporting organization shall be limited to one (1) within the boundaries of the City.

Effective on: 1/1/1901

10-4-15. Institutional, Public, and Utility Use Standards

Telecommunication Tower and Antennae.

1.
Applicability.
1. a.
  New Towers and Antennas. All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through E of this section inclusive.
2. b.
  Amateur Radio Station Operator/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under eighty (80) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten (10) feet.
3. c.
  Preexisting Towers or Antennas. Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of Sections 10-4-15(A)(2)(f), (A)(2)(h), and (A)(2)(r) of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee.
4. d.
  AM Array. For purposes of implementing this chapter, AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
5. e.
  Within Public Right-of-Way: If the tower and/or antenna is situated within the public right-of-way, such tower and/or antenna must meet the requirements of title 7, chapter 8, "Construction of Utility Facilities in Rights-of-Way", of this Code.
2.
General Requirements.
1. a.
  Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
2. b.
  Lot Size. For purposes of determining whether the installation of a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
3.
Inventory of Existing Sites. Each applicant for approval of an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
1. a.
  Aesthetics. Towers and antennas shall meet the following requirements:
  1. (1)
    Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
  2. (2)
    At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings.
  3. (3)
    If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2. b.
  Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
3. c.
  State or Federal Requirements. All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
4. d.
  Building Codes/Safety Standards. Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and international building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the City of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty (30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense.
5. e.
  Measurement. For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries.
6. f.
  Not Essential Services. Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
7. g.
  Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the City of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet (250) feet of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of "abutting" nor in calculating the two hundred fifty (250) feet.
8. h.
  Signs. No signs shall be allowed on an antenna or tower other than those required by the FCC.
9. i.
  Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 10-4-15(A)(4)(k) of this chapter.
10. j.
  Multiple Antenna/Tower Plan. The City of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
11. k.
  Antenna on Existing Structures. Any antenna may be approved by the City of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units, provided:
  1. (1)
    The antenna does not extend more than thirty (30) feet above the highest point of the structure;
  2. (2)
    The antenna complies with all applicable FCC and FAA regulations; and
  3. (3)
    The antenna complies with all applicable building codes and safety standards as referenced in subsection g of this section.
12. l.
  Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
  1. (1)
    Additional Antenna. A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as a monopole.
  2. (2)
    Height.
    (a)
    An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30) feet over the tower's existing height, such height not exceeding one hundred fifty (150) feet in total, to accommodate the collocation of an additional antenna.
    (b)
    The height change referred to in subsection (O)(2)(a) of this section may only occur one (1) time per communication tower.
    (c)
    The additional height referred to in subsection (O)(2)(a) of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.
  3. (3)
    On-Site Location.
    (a)
    A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within fifty (50) feet of its existing location.
    (b)
    After the tower is rebuilt to accommodate collocation, only one (1) tower may remain on the site.
    (c)
    A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter.
    (d)
    The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in this zoning ordinance shall only be permitted when approved by the Zoning Officer.
  4. (4)
    New Towers in Nonresidential Zoning Districts. An applicant may locate any new tower as provided in Table 10-3-12(B), provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the Zoning Officer concludes the tower is in conformity with the goals set forth in this subsection o and the requirements of this subsection; c) the tower meets the setback and separation requirements Section 10-4-15(A)(4)(e) of this chapter; and d) the tower meets the following height and usage criteria:
    (a)
    For a single user, up to and including one hundred twenty (120) feet in height;
    (b)
    For two (2) users, up to one hundred fifty (150) feet in height; and
    (c)
    For three (3) or more users, up to and including one hundred eighty (180) feet in height.
13. m.
  Roadway Access. All sites on which antennas, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven (7) inches thick surfaced with not less than two (2) inches of asphaltic concrete or some comparable dustless material.
14. n.
  Fencing. The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six (6) feet in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases.
15. o.
  Disguised Structures. The provider of an antenna, antenna structure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area.
16. p.
  Annual Administrative Fee and Certifications.
  1. (1)
    The annual administration fee payable to the City of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty-five (35) dollars which shall be due on or before January 10th of each calendar year commencing with calendar year 2001.
  2. (2)
    In the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the City under the terms of this subsection, the owner and/or operator shall reimburse the City for the actual cost of the outside consultant the City deems necessary to conduct said inspection which shall be a minimum of three hundred fifty (350) dollars and any additional cost incurred therein.
  3. (3)
    The City of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or collocator on a tower.
    (a)
    Permit Required. Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in title 8, chapter 10 of this Code, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review.
    (b)
    Waiver of Provisions. An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply.
4.
Permitted Uses.
1. a.
  General. The following uses listed in this section are deemed to be permitted uses and shall not require a special use permit.
2. b.
  Uses. Antennas, antenna structures and towers are permitted as an accessory use as provided in Table 10-3-1(B) except that part of any zoning district which is located in a floodplain, so long as said antennas or towers conform to the following and all other requirements of this title:
  1. (1)
    Antennas and towers may be located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, and City Hall and police station-sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville.
  2. (2)
    Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to Section (A)(2)(a) through (s).
5.
Special Uses and Accessory Uses.
1. a.
  General Provisions.
  1. (1)
    Radio and telecommunications and towers used for radio transmission, or television transmission when allowed as a Special Use shall be subject to the special use provisions contained within Section 10-8-5 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter.
  2. (2)
    In granting a special use permit, the Plan Commission may impose conditions to the extent the Plan Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
  3. (3)
    Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
  4. (4)
    An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the City Council of Yorkville to reimburse Yorkville for the cost of reviewing the application.
  5. (5)
    Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts and for the following uses.
    (a)
    R-1, Single-Family Suburban Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities only;
    (b)
    R-2, Single-Family Traditional Residence: For commercial/trade school, place of worship/assembly, golf course, or public utility facilities.
2. b.
  Information Required. In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied:
  1. (1)
    Legal description of the parent track and leased parcel (if applicable);
  2. (2)
    The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property;
  3. (3)
    The separation distance from other structures in the inventory of existing sites submitted pursuant to Section 10-4-15(A)(2)(c) shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known;
  4. (4)
    A landscape plan showing specific landscape materials; the method of fencing and finish color and, if applicable, the method of camouflage and illumination;
    (a)
    A description of compliance with Sections 10-4-15(A)(2)(c)(e)(f)(g)(h)(i)(m) of this chapter and all applicable federal, state or local laws;
    (b)
    A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
    (c)
    Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville;
    (d)
    A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
    (e)
    A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
  5. (5)
    An applicant shall be notified within thirty (30) days if the application is incomplete. The City shall make a decision on collocation within ninety (90) days and all other siting applications within one hundred fifty (150) days of the receipt of a completed application.
3. c.
  Factors Considered in Granting Special Use Permits: The City of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in Section 10-8-5 of this title. The City of Yorkville may waive or reduce the burden on the petitioner of one (1) or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby.
  1. (1)
    Height of the proposed antenna, antenna structure or tower;
  2. (2)
    Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries;
  3. (3)
    Nature of uses on adjacent and nearby properties;
  4. (4)
    Surrounding topography;
  5. (5)
    Surrounding tree coverage and foliage;
  6. (6)
    Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
  7. (7)
    Proposed ingress and egress.
4. d.
  Height. No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet.
5. e.
  Setbacks and Separation.
  1. (1)
    Setbacks. Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off-site, residential structure. Antenna structures, guylines, and equipment shelters must satisfy the minimum setback requirements for the governing zoning district.
  2. (2)
    Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Plan Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower:
    (a)
    Separation From Off-Site Uses/Designated Area.
    (i)
    Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 10-4-15(A)(5)(e)(2) of this section.
    (ii)
    Separation requirements for towers shall comply with the minimum standards established in Table 10-4-15(A)(5)(e)(2) of this section.

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

Table 10-4-15(A)(5)(e)(2): Separation Requirements
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex principal use	500 feet
Vacant single-family or duplex use on residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	500 feet
Vacant unplatted residentially zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land	500 feet
Existing multi-family residential	100 feet or 100 percent of the tower height, whichever is greater
Nonresidentially zoned land or nonresidential uses	None
The Fox River or any watercourse	500 feet as measured from the shore
Major highways (as defined in the Yorkville comprehensive plan)	500 feet from the right-of-way

1. 1. (3)
    Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances shall be as shown in Table 10-4-15(A)(5)(e)(3) of this section.

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

Table 10-4-15(A)(5)(e)(3): Existing Tower Separation Requirements
Existing Tower Type	Separation Distance (feet)
Existing Tower Type	Lattice	Guyed	Monopole (Taller Than 75 Feet)	Monopole (Shorter Than 75 Feet)
Lattice	1,000	1,500	500	250
Guyed	1,000	1,750	1,500	1,250
Monopole (Taller than 75 feet)	500	1,500	250	250
Monopole (Shorter than 75 feet)	250	1,250	250	250

1. 1. f.
    Siting on Wetland Prohibited. No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the City of Yorkville, Kendall County, the State of Illinois Department of Natural Resources, the United States Department of the Interior or the United States Army Corps of Engineers, and any and all governmental bodies and agencies having jurisdiction.
  2. g.
    FCC Signage. To the extent that signage is required by the FCC on an antenna structure, or tower, that signage shall constitute no more than five (5) percent of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area.
  3. h.
    Preservation of Landscape. Existing mature tree growth and natural landforms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible.
  4. i.
    Utilities and Access Required. Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for small wireless services, small wireless facilities, and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried.
  5. j.
    Signal Interference. No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied.
  6. k.
    Equipment Shelter and Equipment Cabinets. A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty (20) percent of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one (1) antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one (1) roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site.
  7. l.
    Equipment Cabinets.
    (1)
    In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four (4) feet in height or twenty-four (24) square feet of gross floor area and the cabinet/structure is located a minimum of six (6) feet from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty-two (42) inches to forty-eight (48) inches and a planted height of at least thirty-six (36) inches.
    (2)
    In a rear yard, provided the cabinet or structure is no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty-six (36) inches.
    (3)
    In business and manufacturing districts the equipment cabinet or structure shall be no greater than six (6) feet in height or sixty-four (64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six (6) feet in height or a hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six (36) inches.
  8. m.
    Code Requirements. Any antenna, antenna structure, or tower must meet code requirements established by the National Electrical Code, NFPA 70 and International Building Code; Radio, Television Towers Codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the Federal Aviation Administration.
  9. n.
    Removal of Abandoned Antennas, Antenna Structures, or Towers. Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety (90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower.
  10. o.
    Collocation. A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the Zoning Board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of small wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed small wireless facility, where collocation is technologically feasible.
2. 6.
  Nonconforming Uses.
  1. a.
    Prohibited Expansion of Nonconforming Use. Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
  2. b.
    Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
  3. c.
    Rebuilding Damaged or Destroyed Nonconforming Antennas, Antenna Structures or Towers. Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 10-4-15(A)(4)(n) of this chapter.
3. 7.
  Annual Reporting of Information. Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the City of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect.

Effective on: 1/1/1901

10-4-16. Accessory Use Standards

Accessory Buildings and Accessory Structures, Permanent.

1.
Location. Accessory buildings and structures shall be subject to the following locational requirements:
1. a.
  If located entirely within the required rear or side yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
2. b.
  Only accessory buildings shall be located at least ten (10) feet from the principal building, however, accessory structures may be attached to or located adjacent to the principal building.
3. c.
  If located entirely within the buildable area of the lot, the accessory building or structure shall not be located between the primary building and the front property line.
4. d.
  No permanent accessory building or structure shall be located within a public utility easement or within a designated stormwater overflow route.
5. e.
  If located partially in a required yard and partially in the buildable area of the lot, the accessory building or structure shall maintain the required side setback for the full length of the property and be a minimum of five (5) feet from the rear property line.

Figure 4.11. Permanent Accessory Buildings and Accessory Structures Standards

1. 2.
  Location on Reversed Corner Lots. On a reversed corner lot in a residence district and within fifteen (15) feet of any adjacent property to the rear in a residence district, no accessory building or permanent accessory structure or portion thereof shall be closer to the side lot line abutting the street than a distance equal to sixty (60) percent of the minimum depth required in Table 10-3-9(A) for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory building or structure shall be located within five (5) feet of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residence district.

Figure 4.12. Permanent Accessory Building and Accessory Standards - Location on Reversed Corner Lots

1. 3.
  Time of Construction. No accessory building or permanent accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory, or as provided in section 10-3-3 of this title for contiguous parcels.
2. 4.
  Height of Accessory Buildings or Structures in Required Rear Yards. No accessory building or permanent accessory structure or portion thereof shall exceed fifteen (15) feet in height when located within the required rear yard.
B.
Accessory Commercial Unit
1. 1.
  Only one (1) ACU may be allowed per lot.
2. 2.
  An accessory commercial unit (ACU) shall be located in a permanent accessory building or structure subject to all standards in Section 10-4-16(A).
3. 3.
  Outdoor seating, drive-throughs, outdoor display areas, and rooftop decks associated with an ACU shall be prohibited.
4. 4.
  An ADA-compliant pedestrian circulation system shall connect the primary entrance of the ACU building with the sidewalk in a way that does not require out-of-direction travel.
5. 5.
  The hours of operation shall be limited to between 7 am and 9 pm daily.
6. 6.
  The City Council may limit the number of customers or clientele served by the ACU per day during the Special Use Permit process.
7. 7.
  The ACU shall use the same mailbox, water meter, and trash containers as the principal use. The use of additional mailboxes, water meters, or trash containers by the secondary dwelling unit separate from the principal use shall be prohibited.
8. 8.
  The owner of the property on which the ACU is situated shall continue to occupy the principal residential structure on-site as their primary residence.
C.
Domestic Hens. The keeping of domestic hens shall be subject to the provisions of Title 8, Chapter 19 of the City of Yorkville Code of Ordinances.
D.
Drive Throughs.
1. 1.
  Drive throughs shall be permitted a maximum of four (4) menu boards per lane.
2. 2.
  Each menu board or pre-order board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu boards and pre-order boards may utilize electrically activated changeable copy message centers for one hundred (100) percent of the permitted menu board or pre-order board area and must follow all regulations of Section 10-6-5(B).
3. 3.
  Any structural element of a drive through, including pavement, speaker boxes, or menu signs shall be located a minimum distance of five hundred (500) feet from the property line of any residentially zoned parcel.
4. 4.
  Any speaker or intercom associated with a drive through shall not be audible beyond the boundaries of the property.
5. 5.
  Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, shall not cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.
6. 6.
  Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated, subject to City Engineer approval.
7. 7.
  Drive through facilities shall be provided with a bypass lane with a minimum width of twelve (12) feet unless an alternative means of exit is approved by the City Engineer.
8. 8.
  Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths:
  1. a.
    One (1) lane: twelve (12) feet.
  2. b.
    Two (2) or more lanes: ten (10) feet per lane.
  3. c.
    Drive through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 10-4-16(D).

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Table 10-4-16(D) Drive Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box¹
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window
Other	as determined by the Zoning Officer
1. Four (4) of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Figure 4.13. Accessory Dwelling Unit Standards

E.
Recreational Vehicle, Trailer, and Boat Parking.
1. 1.
  Permanently Affixing to Ground Prohibited. Recreational vehicles, trailers, and other recreational equipment shall not be permanently affixed to the ground as principal or accessory structures on a lot in any district.
2. 2.
  Improved Hard Surface. Recreational vehicles, trailers, boats, and other recreational equipment shall be parked on a driveway or a parking pad as specified in Section 10-5-2(B)(4) if constructed in a front or side yard but may be parked on the grass if located in the rear yard as approved only by the City Engineer.
3. 3.
  Number. A maximum of one (1) recreational vehicle, trailer, boat, or other recreational equipment shall be parked on a lot any given time, in addition to any automobiles permitted by the Zoning Ordinance.
4. 4.
  Location. Recreational vehicles, trailers, boats, and other recreational equipment shall be located per the following:
  1. a.
    If located entirely within the required rear yard the recreational vehicle, trailer, boat, or other recreational equipment shall be located a minimum of five (5) feet from side and rear property lines,
  2. b.
    If located entirely within the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall not be located between the primary building and the front property line, or
  3. c.
    If located partially in the required rear yard and partially in the buildable area of the lot the recreational vehicle, trailer, boat, or other recreational equipment shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
5. 5.
  Screening. If a recreational vehicle, trailer, boat, or other recreational equipment is parked on a driveway located within the required side yard setback it shall be screened from the adjacent property with a six (6) foot high opaque fence.
F.
Home Occupations. The standards for home occupations are intended to ensure compatibility with other permitted uses and maintain the existing character of the surrounding area. Any gainful activity which is not a permitted home occupation as defined in this title shall be considered a business use and shall not be allowed under the provisions of this Section. Any such use existing on the effective date of this title shall be subject to provisions of Chapter 9 for the elimination of a nonconforming use.
1. 1.
  Any customary home occupation shall be permitted provided that:
  1. a.
    It is conducted entirely within the dwelling by the residents of the dwelling and when such home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes.
  2. b.
    It does not require internal or external alteration;
  3. c.
    It does not involve construction features or use of equipment not customary in a dwelling;
  4. d.
    The entrance to the space devoted to such occupation shall be from within the dwelling;
  5. e.
    Not more than twenty-five (25) percent of the floor area, including the lookout basement, of the dwelling shall be devoted to such home occupation. If more than one (1) home occupation is operated in a residence, the combined total square footage devoted to all such home occupations shall not exceed twenty-five (25) percent of the floor area of the dwelling;
  6. f.
    There is no display or activity that will indicate from the exterior of the dwelling that it is being used in part for any use other than a dwelling.
  7. g.
    No electrical or mechanical equipment is used, except such as is customarily used for purely domestic or household purposes;
  8. h.
    Off-street parking is provided in accordance with the provisions of Section 10-5-1(H), of this title;
  9. i.
    Limited amounts of goods, commodities or stock in trade shall be received, retained, used, or stored on, or physically transferred from the premises;
  10. j.
    Teaching of musical instruments and dancing shall be conducted only in a single-family detached dwellings; It does not interfere with the reasonable use and enjoyment of adjacent properties, such as, but not limited to, those home occupations that create any form of electromagnetic interference or cause fluctuation in line voltage outside of the dwelling in which the home occupation is conducted;
  11. k.
    It does not generate any solid waste or sewage discharge in a volume or type which is not normally associated with a residential use in the zoning district; and
  12. l.
    In-home daycare/childcare services shall meet the following provisions:
    (1)
    Any person operating an in-home daycare/childcare service shall obtain a license from the Illinois Department of Children and Family Services before commencing the operation of such service.
    (2)
    Any person operating an in-home daycare/childcare service shall obtain an operational permit from the Bristol Kendall Fire District.
    (3)
    In home daycare/childcare services are limited to no more than twelve (12) children under the age of twelve (12) at any one (1) time, unless approved through a special use permit pursuant to Section 10-8-5 of this title.
2. 2.
  Any home occupation requiring a local, state, or federal license shall be obtained.
3. 3.
  The following home occupations are prohibited:
  1. a.
    Selling or manufacturing of firearms;
  2. b.
    Automobile repair services;
  3. c.
    Jobbing, wholesale, or retail businesses, unless conducted entirely by mail, electronically, or telephone;
  4. d.
    Manufacturing business;
  5. e.
    Medical clinic or hospital;
  6. f.
    Animal hospital or kennel (animal grooming services are permitted);
  7. g.
    Restaurant;
  8. h.
    Mortuary and funeral parlors; and
  9. i.
    Commercial automobile repair;
  10. j.
    Any activity that produces noxious matter or employs or produces flammable matter.
G.
Outdoor Displays. In the business and manufacturing districts outdoor displays are permitted accessory uses provided that the following provisions are met. However, nothing in this section shall waive the prohibition of outdoor storage as defined and regulated in this title.
1. 1.
  Accessory Use. Outdoor displays shall be permitted only as an accessory use on the same lot as a permitted or special use of the business or operation located there and shall not operate as a separate enterprise.
2. 2.
  Nature of Merchandise. The goods, merchandise, or products offered for sale in an outdoor display area must be of such a nature that they are not typically located within a permanent building or structure, such as vehicles, trailers, farming equipment, landscape supplies, propane or other material contained in a pressurized tank, ice/vending machines, recycling containers and automated teller machines (ATM). Goods, merchandise or products that are typically located within a permanent building or structure, such as clothing and prepared food, shall not be offered for sale in a permanent outdoor display area.
3. 3.
  Location.
  1. a.
    Setbacks. Outdoor display areas may be located in front of, on the side of, or behind the primary building, but shall not encroach upon the required minimum yard setbacks for the zoning district in which it is located.
  2. b.
    Parking. Outdoor display areas may be located within existing parking spaces but only if there is a sufficient number of other parking spaces available to meet the minimum parking requirements of the use(s) on the property, as provided in Section 10-5-1(H)(5) of this title.
  3. c.
    Pedestrian Walkways. Outdoor display areas may be located on a pedestrian walkway if an unobstructed portion of the walkway measuring not less than three (3) feet in width shall be continuously maintained for pedestrian access and no point of ingress or egress from any building or any individual unit within any building shall be blocked at any time.
  4. d.
    Right-of-Way. Unless otherwise provided by this title, outdoor display areas shall not be located on any public or private right-of-way.
  5. e.
    Lawn. Outdoor display areas may be located on concrete, asphalt, or brick paver areas and shall not be located on lawn areas or required landscape areas.
  6. f.
    Near Single-Family Residence District. No outdoor display areas shall be located within fifty (50) feet of any single-family residentially zoned district, exclusive of rights-of-way.
4. 4.
  Size. Outdoor display areas shall be limited to thirty-five (35) percent of the gross floor area of the primary building or tenant space to which the outdoor display area is an accessory, with the exception of vehicle, trailer and farming equipment dealerships.
5. 5.
  Visibility. Outdoor display areas shall comply with the Vision Clearance requirements of section 10-5-6 of this title.
6. 6.
  Maintenance. All outdoor display areas must be maintained and displayed in a neat, orderly, and safe manner at all times.

Effective on: 1/1/1901

10-4-17. Temporary Use Standards

Accessory Structures, Temporary.

1.
Temporary accessory structures shall be allowed for between thirty (30) days and six (6) months as approved through a temporary use permit as specified in Section 10-8-3(F).
2.
If located entirely within the required yard the accessory building or structure shall be located a minimum of five (5) feet from side and rear property lines.
3.
Temporary accessory structures may be attached to or located adjacent to the principal building.
4.
If located entirely within the buildable area of the lot the temporary accessory structure shall not be located between the primary building and the front property line.
5.
If located partially in the required rear yard and partially in the buildable area of the lot, the temporary accessory structure shall maintain the required side yard setback for the full length of the property and be a minimum of five (5) feet from the rear property line.
6.
Time of Construction. No temporary accessory structure with a connected water supply shall be constructed on any zoning lot prior to the start of construction of the principal building to which it is accessory.

Mobile Food Vendor Vehicles and Retail Vendor Vehicles.

1.
Purpose. The purpose of this section is to encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to persons living and working within Yorkville, while protecting the health, safety and welfare of the general public.
2.
General Provisions.
1. a.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a certificate of registration from the office of the City Clerk in accordance with title 3, chapter 5 of the City of Yorkville Municipal Code.
2. b.
  Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county, and local business tax, sales tax, and other tax requirements.
3. c.
  It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section.
4. d.
  Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the City, subject to the location and operational standards established in this title.
5. e.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall not:
  1. (1)
    obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to, access to or from any business, public building, or dwelling;
  2. (2)
    conflict with the vision clearance requirements of section 10-5-6 of this title; or
  3. (3)
    prevent access of emergency vehicles.
6. f.
  Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle.
7. g.
  No amplified music or loudspeakers shall be permitted.
8. h.
  Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the standards of Section 10-5-7.
9. i.
  No sales or service of alcohol shall be allowed by mobile food vendor vehicles.
10. j.
  Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator.
3.
Location and Operational Standards.
1. a.
  Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all State and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit.
  2. (2)
    Operation of mobile food vendor vehicles and mobile retail vendor vehicles within City parks shall be subject to rules and regulations established by the Park Board.
  3. (3)
    No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property.
  4. (4)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within five hundred (500) feet from any K-12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days, unless as part of a permitted special event or rally.
  5. (5)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within twenty-five (25) feet from a street intersection with a crosswalk, traffic light, or stop sign, or within twenty-five (25) feet from a railroad crossing.
  6. (6)
    Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians.
  7. (7)
    All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street.
  8. (8)
    Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle, or any other equipment or furniture related to the operation of its business, except for required refuse receptacles.
  9. (9)
    Mobile food vendor vehicles greater than thirty-five (35) feet in length, or that occupy more than two (2) on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties.
  10. (10)
    Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business.
2. b.
  Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property.
  1. (1)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts.
  2. (2)
    Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than eight (8) of the required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot.
  3. (3)
    The maximum number of mobile food vendor vehicles and retail vendor vehicles permitted on a site shall be determined as follows:
    (a)
    One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every five hundred twenty-five (525) square feet of paved area (at least thirty-five (35) feet by fifteen (15) feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than thirty-five (35) feet in length require a space at least seventy feet (70) by fifteen (15) feet.
    (b)
    Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface.
    (c)
    Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way.
    (d)
    Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle.
3. c.
  Canteen Trucks Operating on Private Property.
  1. (1)
    Canteen trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity.
  2. (2)
    Canteen trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress, or access to or from the construction site.
  3. (3)
    No unattended canteen truck shall be parked overnight on any property.
4. d.
  Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles.
  1. (1)
    Mobile food vendor vehicles and mobile retail vendor vehicles may provide private sales service within the public right-of-way and on private property in residential districts only.
  2. (2)
    Private vendor services by mobile food vendor vehicles and mobile retail vendor vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted.
  3. (3)
    Payment shall occur directly between the event host and the mobile food vendor vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders.
  4. (4)
    All operational standards for operating a mobile food vendor vehicle and mobile retail vendor vehicle as provided in this section shall apply.

Storage of Roadway Construction Materials.

1.
A temporary use permit and building permit shall be required prior to the establishment of a storage area for roadway construction materials. In addition to all required permit application materials, the following shall be required:
1. a.
  A site plan depicting the location of proposed construction material storage locations, site ingress and egress, stormwater runoff control measures, other stormwater management practices, and any other information requested by the Zoning Officer shall be required; and
2. b.
  A traffic plan.
2.
Roadway construction material storage areas shall be utilized between the hours of 7:00am and 10:00pm only.

Portable Outdoor Storage Device. Portable outdoor storage devices are allowed in any district provided they are issued a temporary use permit and meet the following conditions:

1.
Only one (1) portable outdoor storage device may be located on a lot at a time.
2.
No portion of any portable outdoor storage device may extend onto the public right-of-way, including but not limited to sidewalks, parkways, streets, or alleys unless otherwise approved through the temporary use permit.
3.
The portable outdoor storage device shall not exceed eight (8) feet in width, twelve (12) feet in length and eight (8) feet in height, or seven-hundred sixty-eight (768) cubic feet.
4.
The portable outdoor storage device must be located on an impervious surface.
5.
Placement of a portable outdoor storage device shall be limited to thirty (30) days per residential lot, per calendar year.
6.
Placement of a portable outdoor storage device shall be limited to sixty (60) days per business, manufacturing, institutional, open space, or agricultural lot, per calendar year.
7.
Every portable outdoor storage device must be locked and secured when not being loaded or unloaded.
8.
The temporary use permit shall be prominently displayed during the approval period.
9.
The Planning and Zoning Commission may approve containers that exceed the allowable number, size, surface, or length of time.

Temporary and Seasonal Uses.

1.
Purpose. To further encourage the revitalization of the downtown and other areas within the City, these standards are intended to provide a temporary but unique environment for relaxation, social interaction, and food or beverage consumption within public rights-of-way and public sidewalks without impeding the free and safe flow of pedestrian or vehicular traffic.
2.
General Provisions.
1. a.
  Encroachment. A sidewalk cafe or parklet cafe shall not be considered an "encroachment" so long as all outdoor facilities related thereto are temporary in nature, are not permanently affixed so as to extend below or above the sidewalk or public right-of-way, involve no penetration of the sidewalk surface or public right-of-way, are not attached to any building and are readily removable without damage to the surface of the sidewalk or public right-of-way.
2. b.
  Time Period. Sidewalk cafes and parklet cafes may be permitted from April 1st through October 31st. Time extensions may be granted for sidewalk cafe and parklet cafe operations per the discretion of the Zoning Administrator on a case-by-case basis. Parklet cafes not removed after October 31st and without an approved extension may be removed by the City at the owner's expense.
3. c.
  Permit.
  1. (1)
    Sidewalk cafes and parklet cafes shall require a permit pursuant to the standards established in 10-8-3(F) of this title.
  2. (2)
    Outdoor dining on a public sidewalk or within the right-of-way may occur only pursuant to the issuance of a permit.
  3. (3)
    A sidewalk cafe or parklet cafe permit is non-transferrable.
4. d.
  Prohibited Locations. Outside dining will not be permitted on sidewalks or within the public right-of-way designated by the City Council as shared bicycle and pedestrian trails or paths.
5. e.
  Seating. Seating in the sidewalk cafe or parklet cafe shall not be included to meet the required guest seating capacity for any license classification.
6. f.
  Indemnification. The permittee shall defend, indemnify, and hold the City, and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under the sidewalk cafe or parklet cafe permit.
3.
Development and Design Standards. The following standards, criteria, conditions and restrictions shall apply to all sidewalk cafes and parklet cafes, provided, however, that the Zoning Administrator or designee may impose additional conditions and restrictions to protect and promote the public health, safety, or welfare to prevent a nuisance from developing or continuing, and to comply with all other City ordinances and applicable state and federal laws.
1. a.
  Sidewalk Café.
  1. (1)
    Design Elements.
    (a)
    Elements of a typical sidewalk cafe may include, but are not limited to, the following: barriers, planters, tables, chairs, umbrellas, menu display, heat lamps and ingress/egress access point.
    (b)
    The design, material, and colors used for the furniture and fixtures within the sidewalk cafe shall complement the architectural style and colors of the building facade and public street furniture, if any, and withstand inclement weather.
  2. (2)
    Setbacks.
    (a)
    No element of the sidewalk cafe, as described above, may obstruct the pedestrian way in a manner which reduces the depth of the pedestrian way to less than five (5) feet. Light poles, tree wells, fire hydrants and other such items may fall within the pedestrian path allowed between the curb and the leading edge of the sidewalk cafe.
    (b)
    A sidewalk cafe shall not unreasonably obstruct the visibility of neighboring businesses. In such cases a sidewalk cafe operator may be required to adjust the layout of the outdoor dining area per the recommendation of the Zoning Administrator or designee.
    (c)
    Sidewalk cafes must be located a minimum distance of one hundred (100) feet from the nearest residential zoned district.
    (d)
    The width of the sidewalk cafe must not extend beyond the frontage of the business establishment unless written notarized consent of the adjacent business and property owner has been provided to the Zoning Administrator.
    (e)
    Sidewalk cafes located at a street corner must maintain a ten (10) foot setback from the corner of the building along both frontages.
    (f)
    For sidewalk cafes located adjacent to a driveway or an alley, setback distances will be at the discretion of the Zoning Administrator in locations where unusual circumstances exist or where public safety would be jeopardized.
  3. (3)
    Barriers.
    (a)
    The perimeter of sidewalk cafes that extend more than three (3) feet into the public right-of-way shall be enclosed by barriers that are durable, removable, and maintained in good condition.
    (b)
    Sidewalk cafes that extend three (3) feet or less into the public right-of-way and do not serve alcohol are not required to be enclosed by a barrier.
    (c)
    Sidewalk cafes that serve alcohol must be surrounded by a barrier in all cases. Barrier access point must be controlled by the sidewalk cafe operator/business establishment. Business establishment owners should maintain compliance with Yorkville's Liquor Control Ordinance standards for serving alcohol outside of enclosed businesses.
    (d)
    Moveable barriers and all furniture shall be removed at the end of each business day unless otherwise approved by the Zoning Administrator or designee. Moveable barriers shall be capable of being removed through the use of recessed sleeves and posts, wheels that can be locked in place, and/or weighted bases. Barrier segment bases should be flat with tapered edges that are between one-fourth (0.25) inch and one-half (0.5) inch thick.
    (e)
    The maximum height of any barrier shall not exceed three (3) feet six (6) inches. The lowest point in the barrier should be no more than six (6) inches in height above the ground to comply with ADA detectable warning regulations.
    (f)
    Rigid fence sections may be placed end-to-end to create the appearance of a single fence. Sectional fencing shall be composed of metal or wood and shall be painted or finished in a complementary color to the building color or accent materials. Sectional fencing may be constructed from other materials such as but not limited to aircraft cable, fabric, steel or iron elements if approved by the Zoning Administrator or designee.
    (g)
    Planters.
    (i)
    Planters may also be used as a barrier or planter boxes as barrier components.
    (ii)
    Planters must be no more than three (3) feet in height and plant materials may be up to three (3) feet tall.
    (iii)
    Planters shall be kept in clean condition, contain living plants, and be removed at the end of each business day.
    (h)
    Access openings must be kept clear of all materials and should measure no less than forty-four (44) inches wide.
  4. (4)
    Awnings and Umbrellas.
    (a)
    The use of awnings over the outdoor dining area or removable table umbrellas may be permitted provided they do not interfere with street trees.
    (b)
    No portion of the awning shall be less than eight (8) feet above the sidewalk and no portion of the umbrella shall be less than seven (7) feet above the sidewalk.
    (c)
    Awnings may extend up to five (5) feet from the front of the building's facade or cover up to fifty (50) percent of the outdoor dining area, whichever is less.
    (d)
    Awnings shall have no support posts located within the public right-of-way.
    (e)
    A separate building permit must be obtained prior to the installation of the awning.
    (f)
    Notwithstanding any provisions in this Code, signs and logos shall be permitted on umbrellas or awnings in outdoor dining areas.
  5. (5)
    Prohibited Items.
    (a)
    Permanently affixed furniture to the public sidewalk is prohibited.
    (b)
    Shelves, serving stations, flimsy plastic tables and chairs, unfinished lumber or splintering wooden materials, rusted metal, and loudspeakers, are prohibited.
    (c)
    Tying or otherwise securing sidewalk cafe elements to trees, lamp posts, street signs, streetlights, and/or hydrants is prohibited.
    (d)
    Chain link, rope rails, and chain are prohibited as barrier materials.
    (e)
    Rails, buckets, flag poles, and newspaper stands are prohibited.
    (f)
    No alterations or coverings should be made to the sidewalks or placed over the sidewalk cafe space. Platforms, artificial turf, paint, or carpet in sidewalk cafe areas is prohibited.
    (g)
    If wait service is not provided in the sidewalk cafe area, the business establishment is required to supply a waste receptacle. If wait service is provided, the business establishment is prohibited from placing a waste receptacle in the sidewalk cafe.
2. b.
  Parklet Café.
  1. (1)
    The parklet cafe site shall be located on at least one (1) parking spot within the public way and appurtenances thereof shall be a minimum of two (2) feet from the nearest edge of sidewalk. Parklet cafes are restricted to City of Yorkville public streets and shall not be permitted on any state, county or township roadways.
  2. (2)
    Tables, chairs, umbrellas or other fixtures in the parklet cafe:
    (a)
    Shall not be placed within five (5) feet of fire hydrants, alleys or bike racks.
    (b)
    Shall not be placed within five (5) feet of a pedestrian crosswalk.
    (c)
    Shall not block designated ingress, egress, or fire exits from or to the business establishment or any other structures.
    (d)
    Shall not be physically attached, chained, or in any manner affixed to any structure, tree, signpost, or light pole.
    (e)
    May be removed by the City at owner's expense if not installed per approved plans or installed after permit expiration.
    (f)
    Shall be maintained in a clean, sanitary, and safe manner.
    (g)
    Shall consist of commercial-grade furniture.
    (h)
    Shall not be placed outside or hang over the designated parklet cafe area.
  3. (3)
    The parklet cafe shall be located in such a manner that a distance of not less than four (4) feet is maintained at all times as a clear and unobstructed pedestrian path. For the purpose of the minimum clear path, traffic signs, trees, light poles and all similar obstacles shall be considered obstructions.
  4. (4)
    The parklet cafe, along with the sidewalk and roadway immediately adjacent to it, shall be maintained in a neat and orderly manner at all times. Debris shall be removed as required during the day and again at the close of each business day. Maintenance details shall include access panels and how drainage will be provided along the existing drainage way.
  5. (5)
    Parklet cafe decking must be flush with the curb and may not have more than a one-half (0.5) inch gap from the curb.
  6. (6)
    The parklet cafe platform shall allow for access underneath the platform and curbside drainage may not be impeded.
  7. (7)
    All rails around the parklet cafe must be capable of withstanding a two hundred (200) pound horizontal force.
  8. (8)
    The parklet cafe shall be required to have reflective tape, soft hit posts, wheel stops and, depending on the proposed location, may be required by the Zoning Administrator or designee to have edging such as planters, railing or cables.
    (a)
    If cables are used, vertical spacing between cables may not exceed six (6) inches.
  9. (9)
    Umbrellas and other decorative material shall be made of treated wood, canvas, cloth, or similar material that is manufactured to be fire-resistant. No portion of an umbrella shall be less than six (6) feet eight (8) inches above the sidewalk. Umbrellas must be secured.
  10. (10)
    Temporary signage such as menu boards or easels may be permitted in parklet cafes.
  11. (11)
    No food preparation, food or beverage storage, refrigeration apparatus or equipment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  12. (12)
    No amplified entertainment shall be allowed in the parklet cafe unless authorized by the Zoning Administrator or designee as part of a special event.
  13. (13)
    Parklet cafes shall meet the vision clearance requirements of Section 10-5-6 of this title.

Effective on: 1/1/1901