Yorkville City Zoning Code

CHAPTER 9

NONCONFORMING BUILDINGS, STRUCTURES, AND USES

10-9-1. Continuance of Uses and Structures

Any lawfully established use of a building or land on January 1, 2024, including any use which is rendered nonconforming by a subsequent amendment to this title, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued subject to the provisions of this chapter.

Any lawfully established building or structure on January 1, 2024, including any building or structure which is rendered nonconforming by a subsequent amendment to this title, that does not conform to the regulations for the district in which it is located shall be deemed to be a legal nonconforming building or structure and may be continued in use subject to the provisions of this chapter.

Effective on: 1/1/1901

10-9-2. Nonconforming Uses

Relocation. A nonconforming use shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming use complies with all of the regulations of the zoning district into which it relocates.

Change in Use. A nonconforming use of land shall not be changed to any other use except to a land use, specifically enumerated in the list of permitted uses for the zoning district in which the land is located. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a conforming use, such premises shall not thereafter be used or occupied by a nonconforming use.

Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following:

1.
A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use.
2.
A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure.

Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows:

1.
Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.
2.
Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this UDO.
3.
Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

Effective on: 1/1/1901

10-9-3. Nonconforming Structures

Relocation. A nonconforming structure shall not be relocated in whole or in part to any other location on the same property or to any other property unless the nonconforming structure complies with all of the provisions of this UDO.

Maintenance, Repair, Alteration and Enlargement.

1.
A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use.
2.
No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law, or
2. b.
  When the alteration will actually result in elimination of the nonconforming use, or
3. c.
  When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
3.
A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this UDO.

Damage and Destruction.

1.
If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50) percent or more of its fair market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located.
2.
In the event the damage or destruction is less than fifty (50) percent of its market value, the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction.
3.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and completed within twenty-four (24) months.
4.
The methodology for determining the extent of damage with regard to fair market value shall be as recommended by the Zoning Administrator and approved by the City Administrator.

Effective on: 1/1/1901

10-9-4. Elimination of Nonconforming Buildings, Structures, and Uses

The period of time during which the following nonconforming uses, buildings, or structures may continue or remain nonconforming shall be limited from January 1, 2024, or when any use, building or structure is rendered nonconforming by a subsequent amendment to this title. Every such nonconforming use, building or structure shall be completely eliminated or removed from the premises at the expiration of the period of time specified below:

A.
Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred (500) dollars shall be removed after two (2) years.
B.
All nonconforming advertising devices, such as pennants, flags, movable signs, or portable outdoor displays in any business district shall be removed after two (2) years.
C.
Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years.
D.
Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.
E.
In all residence districts uses permitted only in the B-2 Mixed-Use Business and B-3 General Business Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule:

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

F.
Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be granted for a period longer than two (2) years.

Effective on: 1/1/1901

10-9-5. Exempted Buildings, Structures, and Uses

Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is nonconforming only in the particular manner thereinafter specified, the building and use thereof shall be exempt from the requirements of Section 10-9-4 and Section 10-9-3(B) of this chapter as follows:

A.
In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
B.
Legally nonconforming duplex units zoned R-2, Single-Family Traditional Residence District are exempt from subsection 10-9-3.C of this chapter; however if the total structure containing both units of the duplex building is damaged or destroyed by any means to the extent of seventy-five (75) percent or more of its fair market value prior to such damage, the building shall be rebuilt or used only for conforming principal and accessory uses in compliance with the R-2, Single-Family Traditional Residence District.
C.
In any residence district where a use permitted in the B-1 Local Business District occupies ground floor space within a multi-family dwelling located on a corner lot.
D.
In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.
E.
In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:
1. 1.
  Lot coverage;
2. 2.
  Lot size per dwelling unit;
3. 3.
  Yards front, side, rear or transitional;
4. 4.
  Off-street parking and loading;
5. 5.
  Lot size;
6. 6.
  Building height;
7. 7.
  Gross floor area.
F.
In any district, unless otherwise limited or restricted by an annexation agreement, agricultural uses that exist upon annexation of the property and become legal nonconforming shall continue to be legal nonconforming uses and shall not be subject to elimination by abandonment or amortization.

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 9

NONCONFORMING BUILDINGS, STRUCTURES, AND USES

10-9-1. Continuance of Uses and Structures

Effective on: 1/1/1901

10-9-2. Nonconforming Uses

Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following:

1.
A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use.
2.
A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure.

Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows:

1.
Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.
2.
Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this UDO.
3.
Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

Effective on: 1/1/1901

10-9-3. Nonconforming Structures

Maintenance, Repair, Alteration and Enlargement.

1.
A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use.
2.
No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law, or
2. b.
  When the alteration will actually result in elimination of the nonconforming use, or
3. c.
  When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
3.
A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this UDO.

Damage and Destruction.

1.
If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50) percent or more of its fair market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located.
2.
In the event the damage or destruction is less than fifty (50) percent of its market value, the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction.
3.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and completed within twenty-four (24) months.
4.
The methodology for determining the extent of damage with regard to fair market value shall be as recommended by the Zoning Administrator and approved by the City Administrator.

Effective on: 1/1/1901

10-9-4. Elimination of Nonconforming Buildings, Structures, and Uses

A.
Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred (500) dollars shall be removed after two (2) years.
B.
All nonconforming advertising devices, such as pennants, flags, movable signs, or portable outdoor displays in any business district shall be removed after two (2) years.
C.
Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years.
D.
Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.
E.
In all residence districts uses permitted only in the B-2 Mixed-Use Business and B-3 General Business Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule:

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

F.
Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be granted for a period longer than two (2) years.

Effective on: 1/1/1901

10-9-5. Exempted Buildings, Structures, and Uses

A.
In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
B.
Legally nonconforming duplex units zoned R-2, Single-Family Traditional Residence District are exempt from subsection 10-9-3.C of this chapter; however if the total structure containing both units of the duplex building is damaged or destroyed by any means to the extent of seventy-five (75) percent or more of its fair market value prior to such damage, the building shall be rebuilt or used only for conforming principal and accessory uses in compliance with the R-2, Single-Family Traditional Residence District.
C.
In any residence district where a use permitted in the B-1 Local Business District occupies ground floor space within a multi-family dwelling located on a corner lot.
D.
In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.
E.
In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:
1. 1.
  Lot coverage;
2. 2.
  Lot size per dwelling unit;
3. 3.
  Yards front, side, rear or transitional;
4. 4.
  Off-street parking and loading;
5. 5.
  Lot size;
6. 6.
  Building height;
7. 7.
  Gross floor area.
F.
In any district, unless otherwise limited or restricted by an annexation agreement, agricultural uses that exist upon annexation of the property and become legal nonconforming shall continue to be legal nonconforming uses and shall not be subject to elimination by abandonment or amortization.

Effective on: 1/1/1901

Yorkville City Zoning Code

CHAPTER 9

NONCONFORMING BUILDINGS, STRUCTURES, AND USES

10-9-1. Continuance of Uses and Structures

Effective on: 1/1/1901

10-9-2. Nonconforming Uses

Expansion. A nonconforming use shall not be extended, expanded, enlarged or increased in any manner including, but not limited to, the following:

1.
A nonconforming use that does not involve a structure or which is accessory to the nonconforming use of a structure shall not be expanded or extended to any land area not occupied by such nonconforming use.
2.
A nonconforming use shall not be expanded within a structure to any portion of the floor area that was not occupied by such nonconforming use. A use permitted in the district in which it is located may expand in a nonconforming structure.

Abandonment. A nonconforming use of any land or structure, including any accessory uses, shall not be reestablished subsequent to abandonment as follows:

1.
Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.
2.
Where there is a change in use, regardless of whether or not such change was made in compliance with all applicable codes and ordinances, the nonconforming use of any land or structure shall not be reestablished. Any subsequent use of such land or structure shall comply with the regulations of the zoning district in which it is located and with the provisions of the other titles of this UDO.
3.
Where no building or structure is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

Effective on: 1/1/1901

10-9-3. Nonconforming Structures

Maintenance, Repair, Alteration and Enlargement.

1.
A nonconforming structure which is designed or intended for a use that is not permitted in the zoning district in which it is located may be maintained or repaired, not including structural alterations, subject to compliance with all of the regulations of the zoning district in which it is located and with the provisions of the other titles of this Code, but such nonconforming structure shall not be altered or enlarged, unless such alteration or enlargement and the use thereof, conform to all of the regulations of the zoning district in which it is located, and does not extend or intensify the nonconforming use.
2.
No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:
1. a.
  When the alteration is required by law, or
2. b.
  When the alteration will actually result in elimination of the nonconforming use, or
3. c.
  When a building is in a residential district containing residential nonconforming uses, it may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
3.
A nonconforming structure which is nonconforming only with respect to the bulk regulations for the zoning district in which it is located may be maintained, repaired, altered, or enlarged, provided that the maintenance, repair, alteration, or enlargement does not establish any additional nonconformity and complies with all of the regulations of the zoning district in which it is located and the provisions of the other titles of this UDO.

Damage and Destruction.

1.
If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50) percent or more of its fair market value prior to such damage, the building or other structure can be rebuilt or used thereafter only for conforming principal and accessory uses and in compliance with the provisions of the district in which it is located.
2.
In the event the damage or destruction is less than fifty (50) percent of its market value, the building or structure may then be restored to its original condition and the occupancy or use of such building or structure may be continued which existed at the time of such partial destruction.
3.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and completed within twenty-four (24) months.
4.
The methodology for determining the extent of damage with regard to fair market value shall be as recommended by the Zoning Administrator and approved by the City Administrator.

Effective on: 1/1/1901

10-9-4. Elimination of Nonconforming Buildings, Structures, and Uses

A.
Any nonconforming use of a building or structure having an assessed valuation not in excess of five hundred (500) dollars shall be removed after two (2) years.
B.
All nonconforming advertising devices, such as pennants, flags, movable signs, or portable outdoor displays in any business district shall be removed after two (2) years.
C.
Any nonconforming signs and any and all billboards and outdoor advertising structures shall be removed after five (5) years.
D.
Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two (2) years.
E.
In all residence districts uses permitted only in the B-2 Mixed-Use Business and B-3 General Business Districts or the manufacturing districts, and which use is located in a building, all or substantially all of which is designed or intended for a residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following amortization schedule:

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

Table 10-9-4(E): Amortization Periods
Description of Use	Amortization Period
Uses permitted in the B-2 and B-3 Districts	15 Years
Uses permitted only in the Manufacturing Districts	15 Years

F.
Requests for extensions to the elimination period may be sought before the City Council. In no case shall an extension be granted for a period longer than two (2) years.

Effective on: 1/1/1901

10-9-5. Exempted Buildings, Structures, and Uses

A.
In any residence district where a dwelling is nonconforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
B.
Legally nonconforming duplex units zoned R-2, Single-Family Traditional Residence District are exempt from subsection 10-9-3.C of this chapter; however if the total structure containing both units of the duplex building is damaged or destroyed by any means to the extent of seventy-five (75) percent or more of its fair market value prior to such damage, the building shall be rebuilt or used only for conforming principal and accessory uses in compliance with the R-2, Single-Family Traditional Residence District.
C.
In any residence district where a use permitted in the B-1 Local Business District occupies ground floor space within a multi-family dwelling located on a corner lot.
D.
In any business or manufacturing district where the use is less distant from a residence district than that specified in the regulations for the district in which it is located.
E.
In any district where an established building, structure or use is nonconforming with respect to the standards prescribed herein for any of the following:
1. 1.
  Lot coverage;
2. 2.
  Lot size per dwelling unit;
3. 3.
  Yards front, side, rear or transitional;
4. 4.
  Off-street parking and loading;
5. 5.
  Lot size;
6. 6.
  Building height;
7. 7.
  Gross floor area.
F.
In any district, unless otherwise limited or restricted by an annexation agreement, agricultural uses that exist upon annexation of the property and become legal nonconforming shall continue to be legal nonconforming uses and shall not be subject to elimination by abandonment or amortization.

Effective on: 1/1/1901