Yorkville Village City Zoning Code
ARTICLE III
Use Regulations
§ 135-8 Purposes of residential districts.
The purposes of the residential districts are to:
Delineate those areas where predominantly residential development has occurred or will be likely to occur in accordance with the Village Plan.
Improve the character of residential areas by requiring standards of land use and lot and building size which accurately reflect existing and desirable development.
Protect the integrity of residential areas by prohibiting the intermixture of incompatible nonresidential uses.
§ 135-9 R-1 Residential District.
In the R-1 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted.
One-family dwellings.
Public or parochial schools.
Churches, parish houses, convents or rectories.
Public parks or playgrounds.
Public libraries, firehouses or other public buildings or uses.
Customary home occupations.
Accessory buildings or uses.
Private swimming pools.
Two-family and multiple-family homes existing as such prior to January 7, 2020, have been issued an existing nonconforming use.
[Added 1-7-2020 by L.L. No. 1-2020]
§ 135-10 (Reserved). [1]
[1]
Editor's Note: Former § 135-10, R-2 Residential District, was repealed 1-7-2020 by L.L. No. 1-2020.
§ 135-11 C-1 Retail Commercial District.
Purpose. The purpose of the C-1 Retail Commercial District is to:
Delineate an area where retail stores, personal services and offices, recreational, institutional and cultural facilities and municipal buildings and services are provided for the community.
Encourage new development in the Retail Commercial District by providing for public and commercial off-street parking areas for patrons of the businesses in the district.
In the C-1 Retail Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted.
Existing residential uses.
Retail stores or bakeries for retail sale of goods primarily on the premises.
Personal service shops.
Launderettes.
Restaurants or taverns.
Business or professional offices or studios.
Education, eleemosynary, religious or philanthropic institutions.
Florist shops.
Funeral homes.
Clubs or lodges, except those the chief activity of which is a service customarily carried on as a business.
Radio, television or household appliance sales or service.
Antique sales and accessory service.
Public utility stations or structures.
Business signs.
Customary accessory buildings or uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 135-12 C-2 General Commercial District.
Purpose. The purpose of the C-2 General Commercial District is to delineate areas appropriate for commercial uses which are oriented either to highway use or intended for service to vehicles or nonretail commercial uses.
In the C-2 General Commercial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted.
Uses permitted in the C-1 Retail Commercial District, except residences.
Motels, restaurants or taverns.
New car, boat, farm implement, mobile home, trailer, snowmobile or motorcycle sales or rental.
[Amended 9-4-2012 by L.L. No. 4-2012]
Garages or gasoline stations.
Laundries or dry-cleaning plants.
Office equipment or business machines sales and service.
Letter press shops or printing plants.
Animal hospitals or kennels.
Hardware or building supplies.
Heating, plumbing, air-conditioning, electrical, cabinet or similar fabrication shops.
Bowling alleys or billiard or pool halls.
Business signs.
Customary accessory buildings or uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 135-13 M-1 Manufacturing District.
Purpose. The purpose of the M-1 Manufacturing District is to:
In the M-1 Manufacturing District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
Uses permitted.
Uses permitted in the C-2 General Commercial District.
Metal fabrication or welding.
Concrete products.
Machine shops.
Light manufacturing or assembly plants.
Wholesale, storage or warehouse facilities.
Cold storage or meat-packing plants.
Development or research centers.
Business or advertising signs.
Customary accessory buildings or uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 135-14 F-P Floodplain Overlay District.
Purpose. The purpose of the F-P Floodplain Overlay District is to delineate those areas which lie within the special flood hazard boundaries as defined by the Federal Emergency Management Agency's National Flood Insurance Program's Flood Insurance Rate Map for the Village of Yorkville.
§ 135-15 Planned Development District.
Purpose. The purpose of the Planned Development District is to:
Provide for new residential, commercial or manufacturing districts in which the economics of scale and creative and innovative planning and architectural concepts and techniques may be utilized by the developer without departing from the spirit and intent of this chapter.
Provide for the use of those relatively extensive land areas within the community considered appropriate for the type of development possible in a Planned Development District but for which no development has been proposed.
Ensure that the regulations of this section are so interpreted and applied that the benefits of this chapter to the residents or occupants of the Planned Development District and the residents or occupants of adjacent properties will be protected.
Procedures. Planned Development Districts may be established in accordance with the procedures specified below:
Application for designation of a P-R, P-MH, P-C or P-M Planned Development District shall be made to the Board of Trustees. The Board of Trustees shall refer the application to the Zoning Board of Appeals within 10 days of receipt. The applicant shall furnish basic data pertaining to the boundaries of the proposed development, the existing zoning, topography, drainage, soil conditions and such preliminary plans as may be required for an understanding of the type, uses and design of the proposed development.
The Zoning Board of Appeals and the Board's professional planning consultant, if any, shall review such application. The Board may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Zoning Board of Appeals shall consider and make findings regarding the following:
The existing character of the neighborhood.
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity.
The pedestrian circulation and open space in relation to structures.
The traffic circulation features within the site and the amount of, location of and access to automobile parking areas and loading areas.
The height and bulk of buildings.
The proposed location, type and size of signs, driveways and landscape features.
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
Storm drainage, sanitary and solid waste disposal and other utilities on and adjacent to the site.
The Zoning Board of Appeals shall report its findings and render its decision to the Board of Trustees within 45 days. It may approve, disapprove or give conditional approval subject to modifications regarding the proposed development.
The Board of Trustees shall hold a public hearing after public notice as required for any amendment to this chapter and shall consider the report and recommendations of the Zoning Board of Appeals and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Map to establish and define the type and boundaries of the planned district and in so doing may state specific conditions, in addition to those provided by this chapter, further restricting the nature or design of the development. In the event that the Zoning Board of Appeals disapproves the proposal or rendered conditional approval subject to modifications with which the developer is not willing to comply, the Board of Trustees may amend the Zoning Map in accordance with the application only upon an affirmative vote of at least 3/4 of the members of the Board of Trustees.
Amendment of the Zoning Map shall not constitute authorization to develop in the district. Such authorization, after a planned development district has been established, shall require that the applicant submit to the Zoning Board of Appeals such further plans and specifications, supporting documents and data as shall be required by the Board and shall specify on the plans and in writing the building types and layout, setbacks, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, screening, planting and ornamental features and the plan or arrangements for development the area of in stages or in its entirety.
All conditions imposed by the Board of Trustees in its amendment and all subsequent conditions imposed by the Zoning Board of Appeals in its review of the final plans, including any the performance of which may be conditions precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district. No building permit shall be issued until the Zoning Board of Appeals has rendered final approval and has authorized issuance of a permit by resolution.
If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of issuance of the building permit, all permits shall become null and void, the approval shall be deemed revoked and vacated and the Board of Trustees shall have the authority to again amend the map to restore the zoning designation for the district to that which it had been prior to the application or to any other district.
Standards for development.
Permitted uses in P-R, P-MH, P-C and P-M Planned Development Districts and area and yard dimensions shall be as approved by the Zoning Board of Appeals using the requirements of Schedule A as guidelines.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Building height shall be limited to 40 feet for commercial or industrial uses.
Locations for ingress and egress, off-street parking and off-street loading in P-C and P-M Districts shall be so arranged as not to connect directly with local residential streets and shall not cause excessive conflict with pedestrian or motor traffic.
P-D Planned Development District (general). The Planned Development District created by this chapter is intended to identify certain distinctive areas of the community which are relatively extensive and in which existing uses may be marginal and subject, therefore, to discontinuance. Such areas are expressly regarded as primarily suited for uses other than those presently occupying all or part of these districts but wherein it is not possible to select specific development objectives until other conditions are satisfied. Therefore, in a P-D Planned Development District, only existing uses and uses accessory to existing uses are permitted. No additional development or other use may be permitted except as may be allowable after procedures for rezoning of the area to a specific Planned Development District as described by this chapter are fully accomplished and the Zoning Map has been duly amended to designate such area as P-R Planned Residential, P-MH Planned Mobile Home Park, P-C Planned Commercial, or P-M Planned Manufacturing, after preliminary evaluation and review procedures, as provided.
The Zoning Board of Appeals shall approve, approve with modification or disapprove an application for designation of a Planned Development District amendment of the Zoning Map of the Village or for a building project within an established Planned Development District and shall report its findings to the Board of Trustees within 45 days following the date of referral to the Zoning Board of Appeals by the Board of Trustees. Zoning Board of Appeals approval of the preliminary plans shall not constitute or imply a permit for said project.
The Board of Trustees shall hold a public hearing on any proposal to create or change a Planned Development District, with public notice, as provided by law as in the case of any amendment to this chapter. The Board of Trustees may amend the chapter to establish and define the type and boundaries of the planned district after a public hearing.
A building project within a planned district shall conform substantially to the preliminary construction plans approved by the Zoning Board of Appeals. A building permit may be issued only after construction plans and specifications have been filed and approved by resolution of the Board of Trustees. In the event that the Zoning Board of Appeals disapproves a building permit within a Planned Development District or approves with modifications which the applicant is unwilling to make, an affirmative vote of not less than 3/4 of the members of the Board of Trustees shall be required to approve said building project.
If construction work on the proposed building project is not begun within time limits specified by the building permit or if such work is not completed within the period of time specified by such permit, approval of the project application shall become null and void and all rights therein shall cease, unless the Board of Trustees for good cause authorizes an extension.
All conditions imposed by the Board of Trustees, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall be stated in any certificate or occupancy issued for any use or structure in such development.