This title, including the zoning district map made a part hereof and all amendments hereto, shall be known, cited and referred to as the United City of Yorkville Unified Development Ordinance.

This Unified Development Ordinance is adopted pursuant to the powers granted and the limitations imposed by Illinois State law.

Unless otherwise expressly exempt, the Unified Development Ordinance applies to all land uses, structures, buildings, and development within the City's corporate boundaries and extending beyond the corporate limits as allowed by Illinois State law.

This title is adopted with the intent to set forth regulations and standards for the following purposes:

1. 1.
   To promote and protect the public health, safety, morals, comfort and general welfare of the people;
2. 2.
   To divide the City into zoning districts regulating the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;
3. 3.
   To protect the character and the stability of the residential, business and manufacturing areas within the City and to promote the orderly and beneficial development of such areas;
4. 4.
   To provide adequate light, air, privacy and convenience of access to property;
5. 5.
   To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air to protect the public health;
6. 6.
   To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;
7. 7.
   To fix reasonable standards to which buildings or structures shall conform therein;
8. 8.
   To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;
9. 9.
   To prevent additions to, or alteration or remodeling of certain existing nonconforming buildings imposed hereunder;
10. 10.
    To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of commercial vehicles;
11. 11.
    To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;
12. 12.
    To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;
13. 13.
    To conserve the taxable value of land and buildings throughout the City;
14. 14.
    To encourage innovative and low impact development techniques through the reduction of stormwater runoff, minimizing erosion control and preserving existing natural drainage systems in connection with the development of land;
15. 15.
    To promote pedestrian circulation through a well designed system of shared use trails which allows access to local and regional destinations;
16. 16.
    To promote, preserve and enhance those buildings and structures within certain areas of the City that are of historical importance;
17. 17.
    To promote and regulate the use of alternative and renewable energy solutions;
18. 18.
    To ensure the objectives of the comprehensive plan are considered;
19. 19.
    To provide for the gradual elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
20. 20.
    To define and limit the powers and duties of the administrative officers and bodies as provided herein;
21. 21.
    To prescribe penalties for the violation of the provisions of the zoning ordinance, or of any amendment thereto; and
22. 22.
    To ensure the provisions of public improvements governing the subdivision and platting of land; street and roadway standards; availability of utilities; and schools and park development are applied to all properties within the city's corporate limits.

Minimum Requirements. The provisions of this title shall be held to be the minimum requirements for the promotion of public health, safety, morals, and welfare.

Relationship With Other Laws. Where the conditions imposed by any provisions of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this title or other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

Existing Agreements. This title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this title shall govern.

Changes in Structures or Use. Except as may otherwise be provided in CHAPTER 9 of this title, all buildings erected hereinafter, all uses of land or buildings established hereafter, all structural or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

Nonconforming Buildings, Structures and Uses. Any lawful building, structure or use existing at the effective date hereof, January 1, 2024, may be continued, even though such building, structure or use does not conform to the provisions hereof for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of CHAPTER 9 of this title.

Building Permits. When a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, January 1, 2024, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of CHAPTER 9 of this title.

Existing Special Uses. Where a use is classified as a Special Use under this title, and exists as a permitted use at the effective date hereof, January 1, 2024, it shall be considered as a legal Special Use without further action of the City Council or the Zoning Administrator.

Severability. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title, or any amendment hereto, to a particular building, structure or parcel of land, such judgment shall not affect the application of said provision to any other building, structure or parcel of land not specifically included in said judgment.