Yorkville Village City Zoning Code
ARTICLE VII
Zoning Board of Appeals
§ 135-34 Establishment; membership and organization.
[Amended 2-27-1995 by L.L. No. 1-1995; 2-4-2020 by L.L. No. 2-2020]
The Board of Trustees of the Village of Yorkville hereby abolishes the existing Planning Board and Zoning Board of Appeals; and
Wherever the terms "Zoning Board," "Zoning Board of Appeals" or "Planning Board" appear in the Code of The Village of Yorkville, said terms shall hereafter mean and refer to the Zoning Board of Appeals created upon the adoption of this article; and
The Mayor shall appoint the members of the new Zoning Board of Appeals, subject to the approval of the Board of Trustees; and
There is hereby established a Zoning Board of Appeals consisting of five members, including one Chairperson, and, in addition, there shall be two alternates which shall function in the manner prescribed by law. The members of the Zoning Board of Appeals shall be residents of the Village of Yorkville and shall be appointed to serve for five-year terms, as prescribed by law. Vacancies occurring in said Board, by expiration of term or otherwise, shall be filled in the manner provided by law.
§ 135-35 (Reserved) [1]
§ 135-36 Meetings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. The Chairperson or, in his absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. Meetings of the Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall also keep records of its examinations and other official actions.
§ 135-37 Records.
All decisions of the Board of Appeals shall be by resolution, and a copy of each decision shall be sent to the applicant, to the Village Clerk and to the Zoning Enforcement Officer. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the standards pertaining thereto where the appeal is for a variance or a special exception.
§ 135-38 Appeals.
The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Enforcement Officer. It shall also hear and decide all matters referred to it upon which it is required to pass under this chapter. Voting requirements shall be pursuant to Village Law § 7-712-a, Subdivision 13. Such appeal may be taken by any persons aggrieved or by an officer, department, board or bureau of the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Such appeal shall be taken within 30 days or such additional time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Enforcement Officer and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Enforcement Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
§ 135-39 Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; otherwise proceedings shall not be stayed except by a restraining order, which may be granted by the Board of Appeals or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
§ 135-40 Hearings and determinations.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and by publication at least once in the official newspaper seven days before the date of the hearing and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
The applicant shall bear the cost of advertising as required in connection with hearings.
§ 135-41 Jurisdiction.
The Board of Appeals shall have the following powers and duties prescribed by statute and by this chapter as described below:
Interpretation: on appeal from a determination of the Zoning Enforcement Officer, to hear and decide on questions where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Enforcement Officer involving the interpretation of any provision of the chapter.
Variances: on appeal from a determination of the Zoning Enforcement Officer and in conformity with law, to vary the requirements as they apply to a particular lot where the property owner can show that his property was acquired in good faith and where the strict application of this chapter would result in practical difficulty or unnecessary hardship. No application for a variance shall be acted on until the required public hearing has been held. The Board of Appeals shall prescribe appropriate conditions and safeguards to carry out the requirements of this subsection and shall not grant any variance unless it shall make a finding of fact based upon the evidence as presented to it in each specific case that:
Because of exceptional narrowness, shallowness, shape or area of the specific parcel or because of extraordinary topographic conditions or other physical conditions or location of the specific parcel, the strict application of the provisions of this chapter actually prohibit or unreasonably restrict the use of the land or building for which such variance is sought, that the granting of the variance is necessary for the reasonable use of such property and that the variance granted by the Board is the minimum variance that will provide for the reasonable use of the property; or
The granting of the variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sought by the owner, which conditions are peculiar to such land or building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter; and
In any case, the granting of the variance will be in harmony with the intent and purpose of this chapter, will not constitute, in effect, an amendment of any district regulations or boundaries or uses and will not be injurious to the neighborhood.
Special exceptions: On application supplementing an application to the Zoning Enforcement Officer for a permit or certificate of occupancy, the Board of Appeals may authorize the Zoning Enforcement Officer to grant a permit for any use for which approval of the Board is required by this chapter. The Board shall, pursuant to law, hold a public hearing on any such application prior to acting thereon. In authorizing such permit, the Board may designate appropriate conditions in harmony with the following standards:
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and uses.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
§ 135-42 Special exceptions.
Special exceptions to be considered by the Board of Appeals include the following:
Public utility stations or structures. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area and water-pumping stations in any residential district and shall be subject to the following regulations:
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
Drive-in restaurants or refreshment stands. In addition to meeting the minimum yard and lot coverage requirements, such businesses, where persons are served in automobiles or out of doors, shall be subject to the following regulations:
Such use shall be not closer than 200 feet to a residence district.
Such use shall have frontage on a public street.
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to review and approval of the Board of Appeals.
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent property.
Auto washes. In addition to meeting the minimum yard and lot coverage requirements, any auto wash establishment shall be subject to the following regulations:
Such establishment shall not be closer than 200 feet to a residence district.
The wash water shall not pollute any stream nor create a hazard because of surface drainage.
The number and location of driveways shall be subject to review and approval of the Board of Appeals.
Commercial excavations. Except in a commercial excavation district and except when incidental to the construction of a building on the same lot, the excavation, processing or sale of topsoil, earth, sand, gravel, clay or other natural deposits is subject to the following conditions:
An application shall be made to the Board of Appeals for a special exception for commercial excavation.
In its consideration of said application, the Board of Appeals shall find that such excavation will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other conditions. The Board of Appeals shall specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, including the following:
The slope of material in such topsoil, sand, gravel, clay or other earth shall not exceed the normal angle of repose of such material.
The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 50 feet to the right-of-way line of any street or highway.
A plan for restoration and rehabilitation of a commercial earth excavation area or burrow pit shall accompany the application for a special exception and shall assure conformance with the public health, safety and welfare. The Board of Appeals, upon approval of such plan, shall require a performance bond to assure rehabilitation of commercial excavation sites in conformance therewith.
Junkyards and automobile junkyards. No junkyard or automobile junkyard shall be operated or established hereafter in any area of the Village unless a special exception shall have been granted by the Board of Appeals for such use. Any such use existing at the time of adoption of this chapter shall be discontinued within two years unless such use shall comply with the requirements below and shall be granted a special exception by the Board of Appeals.
Before a permit for a junkyard or automobile junkyard is authorized, the Board of Appeals shall find that such use will not constitute a detriment to the public health, safety, welfare, convenience and property values by reason of dust, smoke, fumes, noise, traffic, odors and vermin or other conditions.
The Board of Appeals may specify any reasonable requirements to safeguard the public health, welfare, safety, convenience and property values in granting such permit, including the following:
Said use shall not be located within 50 feet of any highway, stream or property line or within 500 feet of any existing church, school, public building or place of public assembly.
Any junkyard or automobile junkyard shall be completely surrounded with a fence which substantially screens said area and shall have a suitable gate which shall be closed and locked, except during the normal working hours of said use. Such fence shall not be erected nearer than 50 feet to any highway or property line. All junk and dumping materials stored or deposited at the site shall be kept within the enclosure of the fence and below the top of the fence, except during transportation of the same in the reasonable course of the business. No dumping or burning of the same shall be accomplished within the Village.
Where the topography, land forms, natural growth of trees or other considerations accomplish the purpose of this section in whole or in part, the fencing requirements hereunder may be reduced by the Board of Appeals; provided, however, that such natural barrier conforms to the purposes of this section. Where the topography, land forms, natural growth of trees or other considerations are such as to prevent effective screening, other means shall be designed, or the use shall not be allowed in the particular location.
Used car sales. Any used car sales establishment shall be subject to the following regulations:
[Amended 9-4-2012 by L.L. No. 4-2012]
Such establishment shall not be closer than 200 feet to a residence district.
A site plan showing the lot dimensions and the proposed building dimensions and location on the lot shall be submitted with the application. The relationship of the size of the building to the lot size and yard dimensions shall be subject to review and approval of the Zoning Board of Appeals.
Such use shall be adequately fenced and screened from any adjacent residential property.
All work performed shall be conducted entirely within a completely enclosed building.
Such use shall not include auto salvage, as defined in this chapter.
Auto body shops. Any auto body establishment shall be subject to the following regulations:
Such establishment shall not be closer than 200 feet to a residence district.
A site plan showing the lot dimensions and the proposed building dimensions and location on the lot shall be submitted with the application. The relationship of the size of the building to the lot size and yard dimensions shall be subject to review and approval of the Zoning Board of Appeals.
Such use shall be adequately fenced and screened from any adjacent residential property.
(Reserved)
Any additions or alterations to the exterior of existing structures shall be subject to review and issuance of special permit by the Zoning Board of Appeals prior to issuance of a building permit.