Yorkville City Zoning Code

CHAPTER 8

UDO REVIEW AND APPROVAL PROCEDURES

10-8-1. Administrative Authorities

Zoning Administrator. The Director of the Department of Community Development shall be the Zoning Administrator and shall enforce and administer the regulations of this Title, including the following responsibilities:

1.
Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law.
2.
Receive and review applications for all procedures related to this Title.
3.
Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council.
4.
Forward materials to the applicable review and/or decision-making committees as applicable.
5.
Interpret the regulations when questions arise, including but not limited to:
1. a.
  Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.
2. b.
  Determine the parking or loading class of a use which is not contained by name in a parking or loading class.
6.
Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof.
7.
Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit.
8.
Identify all nonconforming structures and uses.
9.
Delegate other duties as may be placed upon them by this Title.

Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities:

1.
Issue all certificates of use and occupancy and maintain records thereof.
2.
Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title.
3.
Issue violation notices and citations for violations of this Title.
4.
Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued.
5.
Review all cases of encroachment in required yards.
6.
Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council.

Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer, Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire District representative, or designee from each respective department. The Plan Council shall have the following responsibilities and procedures:

1.
The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting.
2.
The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council.
3.
Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards and policies.
4.
Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies.
5.
Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application.

Economic Development Committee. The Economic Development Committee consists of four (4) City Council members which are appointed by the mayor and shall have the following authorities and responsibilities:

1.
Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies.

Planning and Zoning Commission. The Planning and Zoning Commission which has been created and appointed by the mayor, shall have the following authorities and responsibilities.

1.
To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council.
3.
To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11-12-1 et seq.).
4.
To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title.
5.
To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City.
6.
To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer.
7.
To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute.
8.
To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.).
9.
Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
10.
To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code.

Effective on: 1/1/1901

10-8-2. General Application Requirements

Authorization.

1.
An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
2.
A text amendment may be initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.

Filing.

1.
An application for any request or procedure shall be filed with the Zoning Administrator.
2.
The application shall be on forms provided by the City and shall be filed in such number as the instructions provide.
3.
All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
4.
The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title.

Completeness.

1.
The Zoning Administrator shall determine whether the application is complete.
2.
If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.
3.
Dormant Applications.
1. a.
  If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances:
  1. (1)
    The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification.
  2. (2)
    The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request.
  3. (3)
    The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request.
2. b.
  If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application.
3. c.
  Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant.
4.
Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed.

Fees.

1.
Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code.
2.
No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion.

Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing.

Successive Applications.

1.
A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.
2.
Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration.
3.
The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence.
4.
If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-3. Permits, Certificates, and Administrative Review

Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval Procedures and identifies the administrator that serves as the review and decision-making body.

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

B.
Building Permit.
1. 1.
  Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit.
2. 2.
  Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving.
3. 3.
  Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title.
4. 4.
  Requirements.
  1. a.
    Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title.
  2. b.
    PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located.
  3. c.
    Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code.
5. 5.
  Review Process.
  1. a.
    A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria.
    (1)
    New development, including the construction or placement of any new building(s) or expansion of any existing building.
    (2)
    Any development which will increase the overall impervious lot coverage of a parcel.
    (3)
    Any development subject to off-street parking and loading requirements.
  4. d.
    The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt.
  5. e.
    In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal.
6. 6.
  Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline.
C.
Certificate of Occupancy.
1. 1.
  A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences:
  1. a.
    Occupancy and use of a building hereafter erected or enlarged.
  2. b.
    Change in the use of an existing building.
  3. c.
    Occupancy and use of vacant land except for the raising of crops.
  4. d.
    Change in the use of land to a use of a different classification except for the raising of crops.
  5. e.
    Any change in the use of a nonconforming use.
2. 2.
  No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued.
3. 3.
  Review Process.
  1. a.
    A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer.
4. 4.
  Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance.
  1. a.
    Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
5. 5.
  Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.
D.
Lot Splits.
1. 1.
  Applicability. A lot split is a subdivision which meets any one (1) if the following conditions.
  1. a.
    The split of a single lot into three (3) or fewer lots.
  2. b.
    Subdivisions solely for the creation of public right of way or other public tracts of land.
  3. c.
    Lot line or boundary adjustments to a filed Final Plat.
  4. d.
    Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections.
2. 2.
  Lot Split Review Criteria.
  1. a.
    Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
  2. b.
    Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district.
3. 3.
  Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing.
4. 4.
  Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6.
E.
Sign Permit.
1. 1.
  Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. 2.
  Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title.
3. 3.
  Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met.
4. 4.
  Review Process.
  1. a.
    A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing.
5. 5.
  Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
6. 6.
  Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8.
F.
Temporary Use Permit.
1. 1.
  Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12.
2. 2.
  Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met:
  1. a.
    Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points.
  2. b.
    Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use.
  3. c.
    Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit.
  4. d.
    Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer.
  5. e.
    Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site.
  6. f.
    Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.
  7. g.
    Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
  8. h.
    Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to:
    (1)
    Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics.
    (2)
    If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
3. 3.
  Review Process.
  1. a.
    A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing.

Effective on: 1/1/1901

10-8-4. Board/Commission General Review and Action Procedures

Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) summarizes the Board and Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as recommending or decision-making bodies.

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

B.
Public Notice Requirements.
1. 1.
  Notice Requirements by Procedure. Table 10-8-4(B)(1) summarizes the notice requirements per Board and Commission review and approval procedure.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

1. 2.
  Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
2. 3.
  Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
  1. a.
    Affidavit Required. If such notice is mailed by the applicant, the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing.
  2. b.
    Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.)
3. 4.
  Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant.

C.
Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-5. Special Uses

Purpose. The Special Use process is intended to provide the City additional discretion in the approval process for uses which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring land and of the public need for the particular use at the particular location.

Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4.
City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration.
5.
Recordation. Any approved Special Use shall be recorded with the City Clerk.

Protest. In the event of written protest against any proposed Special Use, signed and acknowledged by the owners of twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such Special Use shall not be granted except by the favorable vote of two-thirds (⅔) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed Special Use and a copy upon applicant's Attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed Special Use.

Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found:

1.
The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2.
The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located.
3.
The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4.
Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided.
5.
Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6.
The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan.

Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F of this section. In all cases in which Special Uses are considered the Planning and Zoning Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the Special Use are being and will be complied with as required.

Approval. Any application for a Special Use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council, and any Special Use application which receives the favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission may be denied by a majority vote of the City Council.

Expiration and Lapse of Approval. In any case where a Special Use has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless it is constructed and in active use within three (3) years of the date of issuance. An applicant may request an extension of an additional year, to be approved by a majority vote of the City Council.

Amendments to Approved Special Uses.

1.
Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following:
1. a.
  Increase in the intensity of the site’s use,
2. b.
  Additional noise, glare, odor, or other impacts that are detectable from off-site
3. c.
  Affects the subject property in a manner that inhibits its continued use or reuse, or
4. d.
  Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator
3.
Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B).
2. b.
  Minor Amendments.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Figure 8.1. Special Use Procedure

Effective on: 1/1/1901

10-8-6. Subdivision Procedures

Purpose. The purpose of this section is to establish the procedures regarding the subdivision, development, and platting of land, the preparation of plats, installation of utilities, and extension of streets and highways.

General Provisions.

1.
Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes or ordinances, the most restrictive shall apply.
2.
Comprehensive Plan Conformance.
1. a.
  All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan.
2. b.
  The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section.
3.
Subdivision Review Criteria.
1. a.
  Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2. b.
  Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district.

Subdivisions.

1.
Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels.
2.
Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer.
3.
Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured.
4.
Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat.
1. a.
  Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. If the Final Plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) twelve-month periods.
2. b.
  The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title.
5.
Final Plan. The petitioner or landowner may submit directly for a final plat.
6.
Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements.
1. a.
  Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material.
2. b.
  Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets.
3. c.
  Information.
  1. (1)
    Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System.
  2. (2)
    Monuments. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown.
  3. (3)
    Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary.
  4. (4)
    Widths. The exact width of all easements, streets, and alleys.
  5. (5)
    Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot.
  6. (6)
    Setback Lines. Building setback lines on all lots.
  7. (7)
    Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks.
  8. (8)
    Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown.
  9. (9)
    Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines.
  10. (10)
    Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof.
  11. (11)
    Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given.
  12. (12)
    Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat.
  13. (13)
    Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision.
  14. (14)
    Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided.
  15. (15)
    Survey Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance.
  16. (16)
    Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected.
  17. (17)
    Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable:
    (a)
    Surveyor.
    (b)
    Owner.
    (c)
    Notary.
    (d)
    City Administrator.
    (e)
    Township Highway Commissioner, if applicable.
    (f)
    County Supervisor of Highways, if applicable.
    (g)
    Illinois Department of Transportation, if applicable.
    (h)
    City Clerk.
    (i)
    City Planning and Zoning Commission, Chairman.
    (j)
    City Council Certificate.
    (k)
    County Clerk.
    (l)
    County Recorder.
    (m)
    City Engineer.
7.
Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations.
  1. (1)
    A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation.
4. d.
  City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance.
5. e.
  Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Amendments to Approved Subdivisions.

1.
Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes:
1. a.
  Increase in density,
2. b.
  Increase in the number of dwelling units
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of the housing types proposed,
5. e.
  Change parking areas in a manner that is inconsistent with those in the approved subdivision,
6. f.
  Alter alignment of roads, utilities, or drainage, or
7. g.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section 10-8-3(D)(1) of this Title,, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7).
2. b.
  Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8-3(D)(1) of this Title, shall be reviewed as follows:
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Figure 8.2. Subdivision Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-7. Required Improvements

1.
Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements.
2.
Subdivision Securities.
1. a.
  Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year.
2. b.
  Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule.
3. c.
  Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule.
4. d.
  Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four-year construction deadline.
5. e.
  Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion.
6. f.
  Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows:
  1. (1)
    The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction.
  2. (2)
    The City Engineer's written recommendation shall be forwarded to the City Administrator for approval.
  3. (3)
    Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision.
  4. (4)
    In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation.
  5. (5)
    A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision.
  6. (6)
    The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests.
3.
Construction Warranty.
1. a.
  The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond will not be released until a one-year maintenance bond or letter of credit is posted with the City Clerk for ten (10) percent of the land improvement cost, to ensure that all improvements will properly function as designed, with no defects before the City Council formal acceptance.
2. b.
  A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed.
3. c.
  It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system.
4.
Filing. Not more than ten (10) months after Final Plan approval, four (4) copies of the proposed Final Plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable:
1. a.
  Streets,
2. b.
  Curbs and gutter,
3. c.
  Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.),
4. d.
  Comprehensive drainage plan, including grades of surface drainageways,
5. e.
  Sanitary sewerage system,
6. f.
  Water supply and distribution,
7. g.
  Public utility locations,
8. h.
  Streetlights,
9. i.
  Sidewalks,
10. j.
  Street signs, guardrails, and other special requirements,
11. k.
  Parkway trees, and
12. l.
  Payment in full of all City fees.
5.
Construction and Inspection.
1. a.
  Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section and the City's standard specifications for improvements.
2. b.
  The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction.
3. c.
  On-street parking during build out of the development shall be limited to one (1) side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department.
4. d.
  Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-way at any time, without exception.
5. e.
  The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information:
  1. (1)
    The schedule when public improvements are to be completed.
  2. (2)
    The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction.
  3. (3)
    The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances.
  4. (4)
    The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City.
6.
As-Built Plans. After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City.
7.
Acceptance of Dedication, Improvements.
1. a.
  Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance.
2. b.
  Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements.
3. c.
  All public improvements shall be accepted only by resolution of the City Council, after a formal petition for approval has been submitted by the subdivider to the City Clerk. Such petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, make recommendations in report form to the City Council. All petitions shall be acted upon by the City Council within thirty (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A maintenance bond will then be required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance.

Effective on: 1/1/1901

510-8-8. Planned Unit Development

Purpose and Intent. The purpose of the regulations, standards, and criteria contained in this Section is to provide an alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Section. The objective of the Planned Unit Development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise applicable UDO regulations. The end result can be a product which fulfills the objectives of City plans and policies, including but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The Planned Unit Development is intended to permit and encourage such flexibility and to accomplish the following purposes:

1.
To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies.
2.
To stimulate creative approaches to the commercial, residential, and mixed-use development of land.
3.
To provide more efficient use of land.
4.
To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO.
5.
To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.
6.
To unify buildings and sites through design.

General Provisions.

1.
Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO.
2.
Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan.
3.
The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant.

Planned Unit Development Relation to Base District Standards.

1.
A Planned Unit Development, if approved, shall be a Special Use.
2.
A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances.
3.
Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D).
4.
All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property.

Modification Standards. An applicant seeking a site development allowance shall be required to justify their request through the provision of tangible benefits to the City of Yorkville by meeting a minimum of one (1) of the modification standards detailed below.

1.
Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.
2.
Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management.
3.
Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.
4.
Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc.
5.
Universal Design. The Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds.
6.
High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO.
7.
Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens.
8.
Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income.
9.
Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district.
10.
Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site.
11.
Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity.
12.
Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity.

Standards of Review. The following standards for review shall be utilized in the review of a Planned Unit Development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. The standards of review in this Section shall be considered in addition to the standards for Special Use Permits as specified in Section 10-8-5. No application for a Planned Unit Development shall be approved unless the City Council finds that the application meets all of the following standards:

1.
Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2.
Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.
3.
Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.
4.
Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.
5.
Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure.
6.
Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

Procedure.

1.
Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations.
3.
Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council.
4.
City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either:
1. a.
  Approve the application,
2. b.
  Approve the application with modifications,
3. c.
  Deny the application,
4. d.
  Refer the application back to the Planning and Zoning Commission for further review, or
5. e.
  Postpone further consideration pending the submittal of additional information, including any application requirement previously waived.

Amendments to Approved Planned Unit Development.

1.
Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes:
1. a.
  Increase density,
2. b.
  Increase the height of buildings,
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of housing types,
5. e.
  Change parking areas in a manner that is inconsistent with this UDO,
6. f.
  Increase the approved gross floor area by more than five hundred (500) square feet,
7. g.
  Alter alignment of roads, utilities, or drainage, or
8. h.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2).
4.
Approval Processes.
1. a.
  Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F).
2. b.
  Minor Amendment.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Expiration and Lapse of Approval. For any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire.

Figure 8.3. Planned Unit Development Procedure

Planned Unit Development Procedure Chart

Effective on: 1/1/1901

10-8-9. Variations

Authority. The Planning and Zoning Commission, after a public hearing, may recommend a Variation to the regulations of the UDO in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission holds a public hearing and makes findings of fact in accordance with the standards of this section, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this UDO.

Authorized Variations. Variations from the regulations of this title shall be granted by the Planning and Zoning Commission only in accordance with the standards established in subsection (C) of this section and may be granted only in the following instances:

1.
To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty-five (25) percent.
2.
To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title.
3.
To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater.
4.
To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G).
5.
To allow for the deferment, or land banking, of required parking facilities for a reasonable period.
6.
To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4.
7.
To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

Standards for Variations.

1.
The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following:
1. a.
  A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
2. b.
  The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district.
3. c.
  The difficulty or hardship is not created by any person presently having an interest in the property.
4. d.
  The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
5. e.
  The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood.
6. f.
  The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City.
2.
Land Banked Parking Facilities Review Standards.
1. a.
  Sufficient evidence is provided by the applicant that supports the reduced parking needs.
2. b.
  Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time.
3. c.
  Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area.
4. d.
  The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership.
5. e.
  As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking".
3.
Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title.
4.
Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4. d.
  City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application.
5.
Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator.

Effective on: 1/1/1901

10-8-10. Appeals

Purpose. An Appeal may be taken to the Planning and Zoning Commission for any order, requirement, decision, interpretation or determination of the regulations of this title made by the Zoning Administrator by any individual aggrieved by the action taken under. The Planning and Zoning Commission shall hear the Appeal, hold a public meeting, and render a decision.

Initiation. An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of Appeal specifying the grounds thereof, who shall forward such Appeal to the Planning and Zoning Commission.

Procedure.

1.
Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D).

Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings.

1.
The decision constituted an erroneous application or interpretation of this UDO.
2.
The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO.
3.
The decision was rendered based upon an erroneous material fact.

Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk.

Effective on: 1/1/1901

10-8-11. Text Amendments

Initiation of Text Amendments. Text Amendments to this UDO may be proposed by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.

Text Amendment Review Criteria.

1.
The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan.
2.
The Text Amendment will not adversely affect the public health, safety, or general welfare.

Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations.
2.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval.
3.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.4. Text Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-12. Map Amendments

Initiation of Amendments. Map Amendments may be proposed by the subject property owner, the Mayor and City Council, the Planning and Zoning Commission, Zoning Administrator, or another City official.

Map Amendment Review Standards. The Planning and Zoning Commission shall make findings of fact regarding Map Amendments based upon the following standards:

1.
The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
2.
The proposed Map Amendment is compatible with the existing and planned uses and zoning of nearby properties.
3.
The subject property is suitable for the purposes of the proposed zoning district.
4.
The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels.
5.
The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations.
6.
The community need for the proposed use, and
7.
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property.

Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations.
4.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.5. Map Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-13. Annexations

Petition for Annexation. All Annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the Annexation.

Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval.
2.
Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations.
3.
City Council. City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute.

Request for Zoning Map Amendments. All petitions for Annexation requesting a zoning classification other than the R-1, Single-Family Suburban Residence Zoning District shall be processed in the same manner as a petition for a request for a Map Amendment as provided in Section 10-8-12 for lands within the jurisdictional limits of the City. All such requests for a Map Amendment or Variations shall be accompanied by the fees as provided in Section 10-7-9 of the Yorkville Code of Ordinances, and the said fees shall be paid at the time of filing the petition for Annexation.

Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B).

Figure 8.6. Annexation Agreement Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-14. Economic Incentive/Development Agreement

Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments, performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and be in the overall best interest of the municipality.

Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
2.
Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
3.
City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration.

Figure 8.7. Economic Incentive/Development Agreement Procedure

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 8

UDO REVIEW AND APPROVAL PROCEDURES

10-8-1. Administrative Authorities

1.
Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law.
2.
Receive and review applications for all procedures related to this Title.
3.
Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council.
4.
Forward materials to the applicable review and/or decision-making committees as applicable.
5.
Interpret the regulations when questions arise, including but not limited to:
1. a.
  Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.
2. b.
  Determine the parking or loading class of a use which is not contained by name in a parking or loading class.
6.
Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof.
7.
Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit.
8.
Identify all nonconforming structures and uses.
9.
Delegate other duties as may be placed upon them by this Title.

Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities:

1.
Issue all certificates of use and occupancy and maintain records thereof.
2.
Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title.
3.
Issue violation notices and citations for violations of this Title.
4.
Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued.
5.
Review all cases of encroachment in required yards.
6.
Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council.

1.
The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting.
2.
The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council.
3.
Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards and policies.
4.
Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies.
5.
Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application.

1.
Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies.

Planning and Zoning Commission. The Planning and Zoning Commission which has been created and appointed by the mayor, shall have the following authorities and responsibilities.

1.
To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council.
3.
To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11-12-1 et seq.).
4.
To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title.
5.
To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City.
6.
To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer.
7.
To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute.
8.
To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.).
9.
Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
10.
To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code.

Effective on: 1/1/1901

10-8-2. General Application Requirements

Authorization.

1.
An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
2.
A text amendment may be initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.

Filing.

1.
An application for any request or procedure shall be filed with the Zoning Administrator.
2.
The application shall be on forms provided by the City and shall be filed in such number as the instructions provide.
3.
All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
4.
The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title.

Completeness.

1.
The Zoning Administrator shall determine whether the application is complete.
2.
If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.
3.
Dormant Applications.
1. a.
  If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances:
  1. (1)
    The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification.
  2. (2)
    The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request.
  3. (3)
    The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request.
2. b.
  If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application.
3. c.
  Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant.
4.
Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed.

Fees.

1.
Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code.
2.
No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion.

Successive Applications.

1.
A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.
2.
Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration.
3.
The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence.
4.
If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-3. Permits, Certificates, and Administrative Review

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

B.
Building Permit.
1. 1.
  Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit.
2. 2.
  Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving.
3. 3.
  Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title.
4. 4.
  Requirements.
  1. a.
    Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title.
  2. b.
    PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located.
  3. c.
    Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code.
5. 5.
  Review Process.
  1. a.
    A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria.
    (1)
    New development, including the construction or placement of any new building(s) or expansion of any existing building.
    (2)
    Any development which will increase the overall impervious lot coverage of a parcel.
    (3)
    Any development subject to off-street parking and loading requirements.
  4. d.
    The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt.
  5. e.
    In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal.
6. 6.
  Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline.
C.
Certificate of Occupancy.
1. 1.
  A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences:
  1. a.
    Occupancy and use of a building hereafter erected or enlarged.
  2. b.
    Change in the use of an existing building.
  3. c.
    Occupancy and use of vacant land except for the raising of crops.
  4. d.
    Change in the use of land to a use of a different classification except for the raising of crops.
  5. e.
    Any change in the use of a nonconforming use.
2. 2.
  No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued.
3. 3.
  Review Process.
  1. a.
    A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer.
4. 4.
  Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance.
  1. a.
    Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
5. 5.
  Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.
D.
Lot Splits.
1. 1.
  Applicability. A lot split is a subdivision which meets any one (1) if the following conditions.
  1. a.
    The split of a single lot into three (3) or fewer lots.
  2. b.
    Subdivisions solely for the creation of public right of way or other public tracts of land.
  3. c.
    Lot line or boundary adjustments to a filed Final Plat.
  4. d.
    Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections.
2. 2.
  Lot Split Review Criteria.
  1. a.
    Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
  2. b.
    Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district.
3. 3.
  Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing.
4. 4.
  Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6.
E.
Sign Permit.
1. 1.
  Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. 2.
  Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title.
3. 3.
  Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met.
4. 4.
  Review Process.
  1. a.
    A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing.
5. 5.
  Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
6. 6.
  Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8.
F.
Temporary Use Permit.
1. 1.
  Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12.
2. 2.
  Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met:
  1. a.
    Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points.
  2. b.
    Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use.
  3. c.
    Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit.
  4. d.
    Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer.
  5. e.
    Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site.
  6. f.
    Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.
  7. g.
    Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
  8. h.
    Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to:
    (1)
    Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics.
    (2)
    If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
3. 3.
  Review Process.
  1. a.
    A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing.

Effective on: 1/1/1901

10-8-4. Board/Commission General Review and Action Procedures

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

B.
Public Notice Requirements.
1. 1.
  Notice Requirements by Procedure. Table 10-8-4(B)(1) summarizes the notice requirements per Board and Commission review and approval procedure.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

1. 2.
  Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
2. 3.
  Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
  1. a.
    Affidavit Required. If such notice is mailed by the applicant, the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing.
  2. b.
    Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.)
3. 4.
  Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant.

C.
Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-5. Special Uses

Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4.
City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration.
5.
Recordation. Any approved Special Use shall be recorded with the City Clerk.

Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found:

1.
The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2.
The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located.
3.
The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4.
Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided.
5.
Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6.
The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan.

Amendments to Approved Special Uses.

1.
Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following:
1. a.
  Increase in the intensity of the site’s use,
2. b.
  Additional noise, glare, odor, or other impacts that are detectable from off-site
3. c.
  Affects the subject property in a manner that inhibits its continued use or reuse, or
4. d.
  Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator
3.
Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B).
2. b.
  Minor Amendments.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Figure 8.1. Special Use Procedure

Effective on: 1/1/1901

10-8-6. Subdivision Procedures

General Provisions.

1.
Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes or ordinances, the most restrictive shall apply.
2.
Comprehensive Plan Conformance.
1. a.
  All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan.
2. b.
  The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section.
3.
Subdivision Review Criteria.
1. a.
  Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2. b.
  Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district.

Subdivisions.

1.
Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels.
2.
Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer.
3.
Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured.
4.
Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat.
1. a.
  Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. If the Final Plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) twelve-month periods.
2. b.
  The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title.
5.
Final Plan. The petitioner or landowner may submit directly for a final plat.
6.
Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements.
1. a.
  Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material.
2. b.
  Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets.
3. c.
  Information.
  1. (1)
    Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System.
  2. (2)
    Monuments. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown.
  3. (3)
    Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary.
  4. (4)
    Widths. The exact width of all easements, streets, and alleys.
  5. (5)
    Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot.
  6. (6)
    Setback Lines. Building setback lines on all lots.
  7. (7)
    Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks.
  8. (8)
    Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown.
  9. (9)
    Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines.
  10. (10)
    Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof.
  11. (11)
    Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given.
  12. (12)
    Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat.
  13. (13)
    Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision.
  14. (14)
    Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided.
  15. (15)
    Survey Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance.
  16. (16)
    Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected.
  17. (17)
    Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable:
    (a)
    Surveyor.
    (b)
    Owner.
    (c)
    Notary.
    (d)
    City Administrator.
    (e)
    Township Highway Commissioner, if applicable.
    (f)
    County Supervisor of Highways, if applicable.
    (g)
    Illinois Department of Transportation, if applicable.
    (h)
    City Clerk.
    (i)
    City Planning and Zoning Commission, Chairman.
    (j)
    City Council Certificate.
    (k)
    County Clerk.
    (l)
    County Recorder.
    (m)
    City Engineer.
7.
Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations.
  1. (1)
    A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation.
4. d.
  City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance.
5. e.
  Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Amendments to Approved Subdivisions.

1.
Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes:
1. a.
  Increase in density,
2. b.
  Increase in the number of dwelling units
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of the housing types proposed,
5. e.
  Change parking areas in a manner that is inconsistent with those in the approved subdivision,
6. f.
  Alter alignment of roads, utilities, or drainage, or
7. g.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section 10-8-3(D)(1) of this Title,, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7).
2. b.
  Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8-3(D)(1) of this Title, shall be reviewed as follows:
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Figure 8.2. Subdivision Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-7. Required Improvements

1.
Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements.
2.
Subdivision Securities.
1. a.
  Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year.
2. b.
  Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule.
3. c.
  Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule.
4. d.
  Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four-year construction deadline.
5. e.
  Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion.
6. f.
  Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows:
  1. (1)
    The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction.
  2. (2)
    The City Engineer's written recommendation shall be forwarded to the City Administrator for approval.
  3. (3)
    Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision.
  4. (4)
    In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation.
  5. (5)
    A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision.
  6. (6)
    The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests.
3.
Construction Warranty.
1. a.
  The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond will not be released until a one-year maintenance bond or letter of credit is posted with the City Clerk for ten (10) percent of the land improvement cost, to ensure that all improvements will properly function as designed, with no defects before the City Council formal acceptance.
2. b.
  A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed.
3. c.
  It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system.
4.
Filing. Not more than ten (10) months after Final Plan approval, four (4) copies of the proposed Final Plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable:
1. a.
  Streets,
2. b.
  Curbs and gutter,
3. c.
  Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.),
4. d.
  Comprehensive drainage plan, including grades of surface drainageways,
5. e.
  Sanitary sewerage system,
6. f.
  Water supply and distribution,
7. g.
  Public utility locations,
8. h.
  Streetlights,
9. i.
  Sidewalks,
10. j.
  Street signs, guardrails, and other special requirements,
11. k.
  Parkway trees, and
12. l.
  Payment in full of all City fees.
5.
Construction and Inspection.
1. a.
  Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section and the City's standard specifications for improvements.
2. b.
  The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction.
3. c.
  On-street parking during build out of the development shall be limited to one (1) side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department.
4. d.
  Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-way at any time, without exception.
5. e.
  The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information:
  1. (1)
    The schedule when public improvements are to be completed.
  2. (2)
    The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction.
  3. (3)
    The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances.
  4. (4)
    The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City.
6.
As-Built Plans. After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City.
7.
Acceptance of Dedication, Improvements.
1. a.
  Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance.
2. b.
  Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements.
3. c.
  All public improvements shall be accepted only by resolution of the City Council, after a formal petition for approval has been submitted by the subdivider to the City Clerk. Such petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, make recommendations in report form to the City Council. All petitions shall be acted upon by the City Council within thirty (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A maintenance bond will then be required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance.

Effective on: 1/1/1901

510-8-8. Planned Unit Development

1.
To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies.
2.
To stimulate creative approaches to the commercial, residential, and mixed-use development of land.
3.
To provide more efficient use of land.
4.
To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO.
5.
To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.
6.
To unify buildings and sites through design.

General Provisions.

1.
Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO.
2.
Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan.
3.
The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant.

Planned Unit Development Relation to Base District Standards.

1.
A Planned Unit Development, if approved, shall be a Special Use.
2.
A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances.
3.
Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D).
4.
All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property.

1.
Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.
2.
Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management.
3.
Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.
4.
Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc.
5.
Universal Design. The Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds.
6.
High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO.
7.
Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens.
8.
Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income.
9.
Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district.
10.
Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site.
11.
Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity.
12.
Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity.

1.
Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2.
Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.
3.
Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.
4.
Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.
5.
Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure.
6.
Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

Procedure.

1.
Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations.
3.
Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council.
4.
City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either:
1. a.
  Approve the application,
2. b.
  Approve the application with modifications,
3. c.
  Deny the application,
4. d.
  Refer the application back to the Planning and Zoning Commission for further review, or
5. e.
  Postpone further consideration pending the submittal of additional information, including any application requirement previously waived.

Amendments to Approved Planned Unit Development.

1.
Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes:
1. a.
  Increase density,
2. b.
  Increase the height of buildings,
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of housing types,
5. e.
  Change parking areas in a manner that is inconsistent with this UDO,
6. f.
  Increase the approved gross floor area by more than five hundred (500) square feet,
7. g.
  Alter alignment of roads, utilities, or drainage, or
8. h.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2).
4.
Approval Processes.
1. a.
  Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F).
2. b.
  Minor Amendment.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Figure 8.3. Planned Unit Development Procedure

Effective on: 1/1/1901

10-8-9. Variations

1.
To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty-five (25) percent.
2.
To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title.
3.
To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater.
4.
To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G).
5.
To allow for the deferment, or land banking, of required parking facilities for a reasonable period.
6.
To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4.
7.
To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

Standards for Variations.

1.
The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following:
1. a.
  A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
2. b.
  The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district.
3. c.
  The difficulty or hardship is not created by any person presently having an interest in the property.
4. d.
  The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
5. e.
  The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood.
6. f.
  The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City.
2.
Land Banked Parking Facilities Review Standards.
1. a.
  Sufficient evidence is provided by the applicant that supports the reduced parking needs.
2. b.
  Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time.
3. c.
  Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area.
4. d.
  The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership.
5. e.
  As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking".
3.
Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title.
4.
Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4. d.
  City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application.
5.
Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator.

Effective on: 1/1/1901

10-8-10. Appeals

Procedure.

1.
Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D).

Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings.

1.
The decision constituted an erroneous application or interpretation of this UDO.
2.
The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO.
3.
The decision was rendered based upon an erroneous material fact.

Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk.

Effective on: 1/1/1901

10-8-11. Text Amendments

Text Amendment Review Criteria.

1.
The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan.
2.
The Text Amendment will not adversely affect the public health, safety, or general welfare.

Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations.
2.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval.
3.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.4. Text Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-12. Map Amendments

Map Amendment Review Standards. The Planning and Zoning Commission shall make findings of fact regarding Map Amendments based upon the following standards:

1.
The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
2.
The proposed Map Amendment is compatible with the existing and planned uses and zoning of nearby properties.
3.
The subject property is suitable for the purposes of the proposed zoning district.
4.
The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels.
5.
The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations.
6.
The community need for the proposed use, and
7.
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property.

Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations.
4.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.5. Map Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-13. Annexations

Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval.
2.
Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations.
3.
City Council. City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute.

Figure 8.6. Annexation Agreement Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-14. Economic Incentive/Development Agreement

Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
2.
Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
3.
City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration.

Figure 8.7. Economic Incentive/Development Agreement Procedure

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 8

UDO REVIEW AND APPROVAL PROCEDURES

10-8-1. Administrative Authorities

1.
Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law.
2.
Receive and review applications for all procedures related to this Title.
3.
Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council.
4.
Forward materials to the applicable review and/or decision-making committees as applicable.
5.
Interpret the regulations when questions arise, including but not limited to:
1. a.
  Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment.
2. b.
  Determine the parking or loading class of a use which is not contained by name in a parking or loading class.
6.
Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof.
7.
Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit.
8.
Identify all nonconforming structures and uses.
9.
Delegate other duties as may be placed upon them by this Title.

Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities:

1.
Issue all certificates of use and occupancy and maintain records thereof.
2.
Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title.
3.
Issue violation notices and citations for violations of this Title.
4.
Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued.
5.
Review all cases of encroachment in required yards.
6.
Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council.

1.
The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting.
2.
The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council.
3.
Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards and policies.
4.
Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies.
5.
Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application.

1.
Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies.

Planning and Zoning Commission. The Planning and Zoning Commission which has been created and appointed by the mayor, shall have the following authorities and responsibilities.

1.
To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications.
2.
To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council.
3.
To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11-12-1 et seq.).
4.
To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title.
5.
To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City.
6.
To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer.
7.
To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute.
8.
To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.).
9.
Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title.
10.
To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code.

Effective on: 1/1/1901

10-8-2. General Application Requirements

Authorization.

1.
An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
2.
A text amendment may be initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.

Filing.

1.
An application for any request or procedure shall be filed with the Zoning Administrator.
2.
The application shall be on forms provided by the City and shall be filed in such number as the instructions provide.
3.
All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
4.
The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title.

Completeness.

1.
The Zoning Administrator shall determine whether the application is complete.
2.
If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.
3.
Dormant Applications.
1. a.
  If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances:
  1. (1)
    The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification.
  2. (2)
    The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request.
  3. (3)
    The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request.
2. b.
  If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application.
3. c.
  Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant.
4.
Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed.

Fees.

1.
Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code.
2.
No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion.

Successive Applications.

1.
A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial.
2.
Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration.
3.
The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence.
4.
If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-3. Permits, Certificates, and Administrative Review

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

Table 10-8-2(A): Summary of Administrative Review and Approval Procedures
Administrative Review Procedure	Zoning Administrator	Zoning Officer
Building Permit	₀	•
Certificate of Occupancy	₀	•
Lot Split	•
Sign Permit	₀	•
Temporary Use Permit	•	₀
Key: • = Review and Decision Making Body ₀ = Review Body

B.
Building Permit.
1. 1.
  Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit.
2. 2.
  Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving.
3. 3.
  Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title.
4. 4.
  Requirements.
  1. a.
    Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title.
  2. b.
    PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located.
  3. c.
    Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code.
5. 5.
  Review Process.
  1. a.
    A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria.
    (1)
    New development, including the construction or placement of any new building(s) or expansion of any existing building.
    (2)
    Any development which will increase the overall impervious lot coverage of a parcel.
    (3)
    Any development subject to off-street parking and loading requirements.
  4. d.
    The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt.
  5. e.
    In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal.
6. 6.
  Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline.
C.
Certificate of Occupancy.
1. 1.
  A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences:
  1. a.
    Occupancy and use of a building hereafter erected or enlarged.
  2. b.
    Change in the use of an existing building.
  3. c.
    Occupancy and use of vacant land except for the raising of crops.
  4. d.
    Change in the use of land to a use of a different classification except for the raising of crops.
  5. e.
    Any change in the use of a nonconforming use.
2. 2.
  No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued.
3. 3.
  Review Process.
  1. a.
    A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer.
4. 4.
  Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance.
  1. a.
    Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
5. 5.
  Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.
D.
Lot Splits.
1. 1.
  Applicability. A lot split is a subdivision which meets any one (1) if the following conditions.
  1. a.
    The split of a single lot into three (3) or fewer lots.
  2. b.
    Subdivisions solely for the creation of public right of way or other public tracts of land.
  3. c.
    Lot line or boundary adjustments to a filed Final Plat.
  4. d.
    Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections.
2. 2.
  Lot Split Review Criteria.
  1. a.
    Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
  2. b.
    Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district.
3. 3.
  Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing.
4. 4.
  Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6.
E.
Sign Permit.
1. 1.
  Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. 2.
  Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title.
3. 3.
  Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met.
4. 4.
  Review Process.
  1. a.
    A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing.
5. 5.
  Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
6. 6.
  Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8.
F.
Temporary Use Permit.
1. 1.
  Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12.
2. 2.
  Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met:
  1. a.
    Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points.
  2. b.
    Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use.
  3. c.
    Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit.
  4. d.
    Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer.
  5. e.
    Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site.
  6. f.
    Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.
  7. g.
    Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
  8. h.
    Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to:
    (1)
    Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics.
    (2)
    If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
3. 3.
  Review Process.
  1. a.
    A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing.
  2. b.
    The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations.
  3. c.
    Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing.

Effective on: 1/1/1901

10-8-4. Board/Commission General Review and Action Procedures

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure	Plan Council	Economic Development Committee	Planning and Zoning Commission	City Council
Special Use	A	A	R¹	D
Subdivision	A	A	R	D
Planned Unit Development	A	A	R¹	D
Variation	A	A	R¹/D³	D³
Appeal			D
Text Amendment		A	R¹	D
Map Amendment	A²	A	R¹	D
Annexations	A²	A		D
Annexation Agreements	A²	A		D⁴
Economic Incentive/Development Agreement	A²	A		D
Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body notice per Table 10-8-4B)(1)

B.
Public Notice Requirements.
1. 1.
  Notice Requirements by Procedure. Table 10-8-4(B)(1) summarizes the notice requirements per Board and Commission review and approval procedure.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure
Petition Review Procedure	Published Notice	Mailed Notice
Special Use	•	•
Special Use Major Amendment	•	•
Planned Unit Development	•	•
Planned Unit Development Major Amendment	•	•
Variation	•	•
Map Amendment	•	•
Text Amendment	•
Annexations
Annexation Agreements	•	¹
Economic Incentive/Development Agreement
Key: • = Required Notice Method 1 = Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction.

1. 2.
  Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
2. 3.
  Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date.
  1. a.
    Affidavit Required. If such notice is mailed by the applicant, the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing.
  2. b.
    Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.)
3. 4.
  Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant.

C.
Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents.

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-5. Special Uses

Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4.
City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration.
5.
Recordation. Any approved Special Use shall be recorded with the City Clerk.

Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found:

1.
The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2.
The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located.
3.
The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
4.
Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided.
5.
Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
6.
The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan.

Amendments to Approved Special Uses.

1.
Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following:
1. a.
  Increase in the intensity of the site’s use,
2. b.
  Additional noise, glare, odor, or other impacts that are detectable from off-site
3. c.
  Affects the subject property in a manner that inhibits its continued use or reuse, or
4. d.
  Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator
3.
Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B).
2. b.
  Minor Amendments.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Figure 8.1. Special Use Procedure

Effective on: 1/1/1901

10-8-6. Subdivision Procedures

General Provisions.

1.
Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes or ordinances, the most restrictive shall apply.
2.
Comprehensive Plan Conformance.
1. a.
  All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan.
2. b.
  The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section.
3.
Subdivision Review Criteria.
1. a.
  Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2. b.
  Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district.

Subdivisions.

1.
Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels.
2.
Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer.
3.
Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured.
4.
Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat.
1. a.
  Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) months. If the Final Plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) twelve-month periods.
2. b.
  The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title.
5.
Final Plan. The petitioner or landowner may submit directly for a final plat.
6.
Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements.
1. a.
  Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material.
2. b.
  Numbering. When more than one (1) sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets.
3. c.
  Information.
  1. (1)
    Legal Description. Legal descriptions shall commence at the intersections of section lines and/or quarter section lines when reasonably practical to do so. The developer shall also submit the final plat to the City in digital form, in a format acceptable to the City. The coordinate system for the final plat shall be the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System.
  2. (2)
    Monuments. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown.
  3. (3)
    Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary.
  4. (4)
    Widths. The exact width of all easements, streets, and alleys.
  5. (5)
    Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot.
  6. (6)
    Setback Lines. Building setback lines on all lots.
  7. (7)
    Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks.
  8. (8)
    Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, except that when the line in any tier of lots is parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown.
  9. (9)
    Circular Curves. When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty-foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines.
  10. (10)
    Street Names. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street, unless it is an extension thereof.
  11. (11)
    Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given.
  12. (12)
    Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat.
  13. (13)
    Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision.
  14. (14)
    Access to Lakes or Streams. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing, clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided.
  15. (15)
    Survey Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon final plat. Permanent monuments shall be of concrete, reinforced with one (1) number four vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (24) inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance.
  16. (16)
    Survey. A surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of 1/5,000, the plat may be rejected.
  17. (17)
    Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable:
    (a)
    Surveyor.
    (b)
    Owner.
    (c)
    Notary.
    (d)
    City Administrator.
    (e)
    Township Highway Commissioner, if applicable.
    (f)
    County Supervisor of Highways, if applicable.
    (g)
    Illinois Department of Transportation, if applicable.
    (h)
    City Clerk.
    (i)
    City Planning and Zoning Commission, Chairman.
    (j)
    City Council Certificate.
    (k)
    County Clerk.
    (l)
    County Recorder.
    (m)
    City Engineer.
7.
Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations.
  1. (1)
    A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation.
4. d.
  City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance.
5. e.
  Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Amendments to Approved Subdivisions.

1.
Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes:
1. a.
  Increase in density,
2. b.
  Increase in the number of dwelling units
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of the housing types proposed,
5. e.
  Change parking areas in a manner that is inconsistent with those in the approved subdivision,
6. f.
  Alter alignment of roads, utilities, or drainage, or
7. g.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section 10-8-3(D)(1) of this Title,, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2).
4.
Approval Process.
1. a.
  Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7).
2. b.
  Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8-3(D)(1) of this Title, shall be reviewed as follows:
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required.

Figure 8.2. Subdivision Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-7. Required Improvements

1.
Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by state and county permits, where required, the applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements.
2.
Subdivision Securities.
1. a.
  Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year.
2. b.
  Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule.
3. c.
  Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule.
4. d.
  Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four-year construction deadline.
5. e.
  Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion.
6. f.
  Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows:
  1. (1)
    The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction.
  2. (2)
    The City Engineer's written recommendation shall be forwarded to the City Administrator for approval.
  3. (3)
    Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision.
  4. (4)
    In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation.
  5. (5)
    A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision.
  6. (6)
    The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests.
3.
Construction Warranty.
1. a.
  The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond will not be released until a one-year maintenance bond or letter of credit is posted with the City Clerk for ten (10) percent of the land improvement cost, to ensure that all improvements will properly function as designed, with no defects before the City Council formal acceptance.
2. b.
  A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed.
3. c.
  It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system.
4.
Filing. Not more than ten (10) months after Final Plan approval, four (4) copies of the proposed Final Plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable:
1. a.
  Streets,
2. b.
  Curbs and gutter,
3. c.
  Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.),
4. d.
  Comprehensive drainage plan, including grades of surface drainageways,
5. e.
  Sanitary sewerage system,
6. f.
  Water supply and distribution,
7. g.
  Public utility locations,
8. h.
  Streetlights,
9. i.
  Sidewalks,
10. j.
  Street signs, guardrails, and other special requirements,
11. k.
  Parkway trees, and
12. l.
  Payment in full of all City fees.
5.
Construction and Inspection.
1. a.
  Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this section and the City's standard specifications for improvements.
2. b.
  The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction.
3. c.
  On-street parking during build out of the development shall be limited to one (1) side only of all streets. In general, parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department.
4. d.
  Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of-way at any time, without exception.
5. e.
  The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information:
  1. (1)
    The schedule when public improvements are to be completed.
  2. (2)
    The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction.
  3. (3)
    The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances.
  4. (4)
    The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City.
6.
As-Built Plans. After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City.
7.
Acceptance of Dedication, Improvements.
1. a.
  Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance.
2. b.
  Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements.
3. c.
  All public improvements shall be accepted only by resolution of the City Council, after a formal petition for approval has been submitted by the subdivider to the City Clerk. Such petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, make recommendations in report form to the City Council. All petitions shall be acted upon by the City Council within thirty (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A maintenance bond will then be required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance.

Effective on: 1/1/1901

510-8-8. Planned Unit Development

1.
To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies.
2.
To stimulate creative approaches to the commercial, residential, and mixed-use development of land.
3.
To provide more efficient use of land.
4.
To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO.
5.
To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities.
6.
To unify buildings and sites through design.

General Provisions.

1.
Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO.
2.
Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan.
3.
The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant.

Planned Unit Development Relation to Base District Standards.

1.
A Planned Unit Development, if approved, shall be a Special Use.
2.
A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances.
3.
Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D).
4.
All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property.

1.
Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms.
2.
Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management.
3.
Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.
4.
Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc.
5.
Universal Design. The Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds.
6.
High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO.
7.
Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens.
8.
Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income.
9.
Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district.
10.
Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site.
11.
Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long-Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity.
12.
Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity.

1.
Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.
2.
Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.
3.
Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.
4.
Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.
5.
Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure.
6.
Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.

Procedure.

1.
Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations.
3.
Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council.
4.
City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either:
1. a.
  Approve the application,
2. b.
  Approve the application with modifications,
3. c.
  Deny the application,
4. d.
  Refer the application back to the Planning and Zoning Commission for further review, or
5. e.
  Postpone further consideration pending the submittal of additional information, including any application requirement previously waived.

Amendments to Approved Planned Unit Development.

1.
Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below.
2.
Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes:
1. a.
  Increase density,
2. b.
  Increase the height of buildings,
3. c.
  Reduce open space by more than five (5) percent,
4. d.
  Modify the proportion of housing types,
5. e.
  Change parking areas in a manner that is inconsistent with this UDO,
6. f.
  Increase the approved gross floor area by more than five hundred (500) square feet,
7. g.
  Alter alignment of roads, utilities, or drainage, or
8. h.
  Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator.
3.
Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2).
4.
Approval Processes.
1. a.
  Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F).
2. b.
  Minor Amendment.
  1. (1)
    Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application.
  2. (2)
    City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance.
  3. (3)
    Recordation. The minor amendment shall be recorded with the City Clerk.

Figure 8.3. Planned Unit Development Procedure

Effective on: 1/1/1901

10-8-9. Variations

1.
To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty-five (25) percent.
2.
To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title.
3.
To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater.
4.
To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G).
5.
To allow for the deferment, or land banking, of required parking facilities for a reasonable period.
6.
To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4.
7.
To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

Standards for Variations.

1.
The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following:
1. a.
  A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
2. b.
  The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district.
3. c.
  The difficulty or hardship is not created by any person presently having an interest in the property.
4. d.
  The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
5. e.
  The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood.
6. f.
  The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City.
2.
Land Banked Parking Facilities Review Standards.
1. a.
  Sufficient evidence is provided by the applicant that supports the reduced parking needs.
2. b.
  Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time.
3. c.
  Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area.
4. d.
  The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership.
5. e.
  As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking".
3.
Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title.
4.
Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:
1. a.
  Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
2. b.
  Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations.
3. c.
  Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval.
4. d.
  City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application.
5.
Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator.

Effective on: 1/1/1901

10-8-10. Appeals

Procedure.

1.
Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D).

Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings.

1.
The decision constituted an erroneous application or interpretation of this UDO.
2.
The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO.
3.
The decision was rendered based upon an erroneous material fact.

Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk.

Effective on: 1/1/1901

10-8-11. Text Amendments

Text Amendment Review Criteria.

1.
The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan.
2.
The Text Amendment will not adversely affect the public health, safety, or general welfare.

Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations.
2.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval.
3.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.4. Text Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-12. Map Amendments

Map Amendment Review Standards. The Planning and Zoning Commission shall make findings of fact regarding Map Amendments based upon the following standards:

1.
The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.
2.
The proposed Map Amendment is compatible with the existing and planned uses and zoning of nearby properties.
3.
The subject property is suitable for the purposes of the proposed zoning district.
4.
The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels.
5.
The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations.
6.
The community need for the proposed use, and
7.
The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property.

Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
1. a.
  A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date.
2.
Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations.
3.
Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations.
4.
City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration.

Figure 8.5. Map Amendment Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-13. Annexations

Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval.
2.
Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations.
3.
City Council. City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute.

Figure 8.6. Annexation Agreement Procedure

(Ord. No. 2024-50, effective 09/26/2024)

Effective on: 9/26/2024

10-8-14. Economic Incentive/Development Agreement

Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator:

1.
Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
2.
Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations.
3.
City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration.

Figure 8.7. Economic Incentive/Development Agreement Procedure

Effective on: 1/1/1901