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Monticello City Zoning Code

DISTRICTS AND

DISTRICT REGULATIONS

§ 153.015 DESIGNATION OF DISTRICTS.

   (A)   Intent. The intent of this section is to create a series of districts or zones of such number and character as are necessary to achieve compatibility of uses within each district, to implement the Comprehensive Plan of the city and to complement the official zoning map of the city.
   (B)   Districts. For the purposes of these regulations, the land within the boundaries of the city is hereby divided into the following districts:
      (1)   B - Business. The Business District designated as B is established to provide areas for office and retail, wholesale, and commercial establishments which offer a wide range of goods and services.
      (2)   IC - Planned Industrial/Commercial Zone.
         (a)   The intent of the IC Zone is to provide opportunities for planned developments that combine industrial and commercial uses. Typical IC uses include, but are not limited to, light manufacturing, warehousing, office, research and development, and wholesale and retail sales. The IC Zone is appropriate for commercial uses which require large display or storage areas. It is also appropriate for office uses which involve associate light assembly and/or warehousing. IC developments should typically be located in areas ensuring a high degree of visibility and vehicular access. IC developments should also demonstrate a higher quality of appearance than general industrial (I-1) developments, befitting their more commercial nature. An integrated “campus” or “park-like” setting for IC developments is encouraged.
         (b)   Appropriate uses in the IC zone may include any type of business, administration or industrial use that is free from obnoxious or offensive noise, odor, dust, gas, smoke, or vibration, and which is part of a unified site design.
         (c)   Before the land is used or any building erected or used for any of the above purposes, a preliminary plan and a final plan shall be approved by the City Council for all contiguous property within this district in any 1 location. The review process for the preliminary and final plan shall follow all applicable procedures, standards and requirements of the Zoning, Subdivision and Development Regulations, as determined by the Planning and Zoning Board.
         (d)   The development plans shall be prepared by and have the seal of an architect and/or engineer duly registered to practice in this state. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
         (e)   The Planning and Zoning Board shall review the conformity of the proposed development with the standards of the official city plan and recognized principles of civic design, land use planning, and landscape architecture. The Board may impose conditions regarding the layout, circulation and performance of the proposed development and may require that appropriate deed restrictions be filed enforceable by the city. A plat of development shall be recorded regardless of whether a subdivision is proposed and the plat shall show building lines, common land, streets, easements and other applicable features required by the chapter of the municipal code regulating the subdivision of land.
         (f)   The Commission may hold 1 or more public hearings on the development plans. The recommendations of the Commission shall be forwarded to the City Council who shall approve or disapprove the action of the Commission with or without modification. After approval by the City Council and after any required restrictions are in effect, the Building Inspector may issue permits enabling the approve final development plan to be carried out.
         (g)   From time to time, the proponents may make minor changes in the approved final plan so long as such changes have been approved by the planning Commissioner, upon denial of approval by the Planning and Zoning Board, with the approval of the City Council. What constitutes a “minor” change will be determined at the sole discretion of the Planning and Zoning Board. No building or occupancy permits shall be issued for any building or use that is not in accordance with an approved final plan. The final plan may be used as the plan required to obtain an occupancy or building permit, except that it shall also show the use or types of uses to be accommodated in each building or portion thereof in addition to the other requirements of the Zoning, Subdivision or Development Regulations.
      (3)   I-1 - General Industrial. This industrial district is established to provide areas in which manufacturing and related commercial and administrative operations are the principal use of the land. Areas for industrial development should be free from incompatible commercial uses, dwellings, and institutions for human care.
      (4)   RC - Conservation. The Conservation District is established to prevent the construction upon or alteration of rural or natural environments which have natural conditions of soil, slope, susceptibility to flooding or erosion, vegetation or an interaction between the aforesaid, which make such lands unsuitable for urban development. Further, this district is established to protect areas of the environment that, if altered, would cause health or pollution problems and environmental deterioration. The Conservation District will also ensure adequate areas for future conservation and recreational pursuits.
      (5)   RD - Urban Residential. Typical for the older residential areas of the city. The Urban Residential District is established to provide a variety of housing types related to the size and character of the development site or lot. In older neighborhoods, this zone allows a transition of large homes from owner to rental occupied, moreover, economical construction is allowed in such neighborhood. In the Urban Residential District appropriate religious, educational and recreational facilities create a balanced neighborhood. It is the intent of these zoning regulations that no new development be zoned Urban Residential.
      (6)   RE-1 - Single Family Residential. This Single Family Residential District is intended to provide areas for single family dwellings set on standard sized residential building lots of at least 8,000 square feet, in which the principal use of the land is for single family, together with the appropriate religious, education and recreational facilities as the basic elements of a balanced neighborhood. It is intended for areas where community facilities for water supply and sewage disposal are available.
      (7)   RM - Multiple Family Residential. The Multiple Family Residential District is intended to provide areas for 2-family and multiple family dwellings set in a moderate density housing environment where this use is compatible with surrounding land uses. It is intended for areas where community facilities for water supply and sewage disposal are available with appropriate religious, educational and recreational facilities to create a balanced neighborhood.
      (8)   RS - Suburban Residential. The Suburban Residential District is established to provide a low density area in which the principal use of land is for single-family on large sized residential building lots, together with the appropriate religious, educational and recreational facilities as the basic elements of a balanced neighborhood.
      (9)   RU - Rural. The Rural District is established as a district in which agricultural activity is encouraged as the principal use of land. The specific intent of the rural zone is to facilitate the long term use of lands best suited to agricultural production by preventing a mixture of urban and rural uses which often create incompatibilities and conflict with agricultural pursuits, which place unbalanced tax loads on agricultural lands and which encourage the premature termination of agricultural pursuits.
   (C)   Zoning upon annexation. All land which may hereafter be incorporated into the zoning jurisdictional area of the city, whether through annexation or otherwise, shall, unless a valid pre-annexation agreement in effect at the time of annexation provides otherwise or unless, after a public hearing, specific action by the City Council provides otherwise, automatically be classified from its present or most recent classification under the Piatt County Zoning Ordinance, to a classification under the City of Monticello Zoning Ordinance, according to the following table:
Former Zoning District
Piatt County
New Zoning District
City of Monticello
Former Zoning District
Piatt County
New Zoning District
City of Monticello
A-1, Agricultural
RU, Rural
AC, Conservation
RC, Conservation
RS, Suburban Residential
RS, Suburban Residential
RD, Urban Residential
RD, Urban Residential
B-1, General Business
B, Business
I-1, General Industrial
I-1, General Industrial
I-A, Interchange Agricultural
RU, Rural
I-R, Interchange Residential
RS, Suburban Residential
I-B, Interchange Business
B, Business
I-I, Interchange Industrial
I-l, General Industrial
 
(Am. Ord. 2014-36, passed 9-8-2014)

§ 153.016 OFFICIAL ZONING MAP.

   (A)   Map.  The zoning map published by the city pursuant to § 153.016(B) shall be the official zoning map. The various zone designations indicated on the official zoning map shall be controlling and determinative of the uses permitted on the real estate outlined upon the map according to the limitations applicable to each zoning district as set forth in these zoning regulations.
(ILCS Ch. 65, Act 5, § 11-13-19)
   (B)   Publication of the map. Except as otherwise provided in this division, the City Council shall cause to be published no later than March 31 of each year, a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications of the city for the preceding calendar year. If in any calendar year after the first map is published, there are no changes in zoning uses, divisions, restrictions, regulations and classifications in the city, no map shall be published for such calendar year.
(ILCS Ch. 65, Act 5, § 11-13-19)
   (C)   District boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
      (1)   Boundaries shown as following or approximately following the city limits shall be construed as following such limits.
      (2)   Boundaries shown as following or approximately following streets, highways, or alleys shall be construed to follow the center lines of such streets, highways or alleys.
      (3)   Boundary lines which follow or approximately follow platted lot lines or other property lines as shown on the county tax maps shall be construed as following such lines.
      (4)   Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines, shall be construed as following such lines.
      (5)   Boundaries shown as following or approximately following railroad lines shall be construed to lie midway between the main tracks of such railroad lines.
      (6)   Boundaries shown as following or approximately following the center lines of streams, rivers, or other continuously flowing water courses shall be construed as following the channel center line of such water courses taken at mean low water, and in the event of a natural change in the location of such streams, rivers or water courses, the zone boundary shall be construed as moving with the channel center line.
      (7)   Boundaries shown as separated from, and parallel or approximately parallel to, any of the features listed above shall be construed to be parallel to such feature and at such distance therefrom as is shown on the map. Distances not specifically indicated on the map shall be determined by the scale of the map.
      (8)   Where a district boundary line divided a lot which was in single ownership at the time of passage of these regulations, the Building and Zoning Administrator may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district boundary line into the remaining portion of the lot.
      (9)   Whenever any street, alley, or other public way is vacated, the zoning district adjoining each side of each street, alley or public way shall be automatically extended to the center of the vacated area; and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
   (D)   Exhibit “A”. The zoning map attached to the Zoning Ordinance and marked as “Exhibit A,” which is incorporated by reference and expressly referred to herein, and the area designations indicated thereon are hereby declared to be the official zoning map of the city, and from this date forward the area designations shall be controlling and determinative of the uses permitted on the real estate outlined upon the map according to the limitations applicable to each classification under this amended zoning ordinance and the zoning ordinance adopted on April 29, 1975. No use other than those permitted by this zoning ordinance shall be allowed, caused or permitted by any person, owner, occupant or tenant on any of the premises contained within the city.
(Am. Ord. 2008-56, passed 10-14-2008)

§ 153.017 PRINCIPAL USES PERMITTED IN ZONING DISTRICTS.

   (A)   Designation of uses. Table I which follows, lists principal uses which are permitted in the districts by right (designated by “X”) or by conditional use (designated by “C”) which may be permitted only after a hearing by the Planning and Zoning Board and a favorable vote by the City Council.
   (B)   Exceptions.
      (1)   Table I does not apply to home occupations (see § 153.031).
      (2)   A conditional use permit is hereby required for any and all changes or alterations to the structure, visual appearance, or use of any building, structure, lot monument, or thing that has been declared an historic preservation site by the Historic Preservation Commission.
Table I - Principal Uses by Zoning District
X = Permitted by Right    C = Permitted by Conditional Use   * = Prohibited Use in All Districts
Zoning Districts
Principal Use
B
I-C
I-1
RC
RD
RE-1
RM
RS
RU
Adult entertainment facility
X
Agricultural implement sales
C
X
X
Agricultural activity
X
X
C
X
Ambulance service
X
X
Amusement or recreation hall
X
X
Animal husbandry
X
Apartments (see dwelling)
Appliance repair
X
X
X
Assisted living facility
C
C
X
X
X
X
Auction house
C
X
X
C
Automobile sales
X
X
X
Automobile service station
C
X
X
C
Automobile and machinery wrecking or parts
C
Bait shop
X
X
X
C
X
Bakery with sale on the premises
X
X
X
Bank
X
X
Barber shop
X
X
Beauty shop
X
X
Bed and breakfast
X
X
X
Bowling alley
X
X
X
Bus terminal
C
C
Cannabis craft grower
*
*
*
*
*
*
*
*
*
Cannabis cultivation center
*
*
*
*
*
*
*
*
*
Cannabis dispensary
*
*
*
*
*
*
*
*
*
Cannabis infuser
*
*
*
*
*
*
*
*
*
Cannabis processor
*
*
*
*
*
*
*
*
*
Cannabis transporter
*
*
*
*
*
*
*
*
*
Car wash
X
X
X
Cemetery
C
X
Church
C
C
C
C
C
C
C
C
Clinic
X
C
C
Club, private
X
X
X
Commercial establishment not designated
X
C
C
Country club
C
C
C
X
Crop production
X
X
X
X
X
X
X
X
X
Day care center
X
C
C
C
X
Dry cleaning establishment
X
X
X
Drug store
X
X
X
Dwelling, community living facility, category I
X
X
X
Dwelling, community living facility, category II
C
X
Dwelling, community living facility, category III
C
C
X
Dwelling, single-family
C
C
X
X
X
X
Dwelling, multi-family
C
C
C
X
Dwelling, zero lotline
C
C
C
C
Educational or charitable institution
X
X
X
Funeral home
C
C
C
C
X
Garage, public
X
X
X
Golf course
C
C
C
C
C
C
X
Golf course, driving range
C
C
C
C
C
Golf course, miniature
X
X
X
C
Grain elevator
X
Grain mill products - manufacturing/packaging
X
Greenhouse, commercial
X
X
X
C
X
Grocery store
X
X
X
Hardware store
X
X
X
Heating and air conditioning establishment
X
X
X
Hospital
C
C
Hotel
X
C
Kennel
X
C
Industry (not otherwise designated)
C
C
Laundromat
X
X
X
Library
X
C
X
X
Lodge
X
X
X
Lumberyard
X
X
X
Manufacturing (not otherwise designated)
C
C
X
Medical cannabis cultivation center
C
C
Medical cannabis dispensary
C
Mobile home park
C
C
Modular home (single family)
C
C
X
X
X
X
Motel
X
C
Night club
X
X
X
Nursery, children
X
C
X
C
X
X
Nursery, commercial
X
X
X
C
X
Nursing home
C
C
C
C
Office, professional
X
X
X
C
X
On-premises cannabis consumption establishment
*
*
*
*
*
*
*
*
*
Park, public
X
X
X
X
X
X
X
X
X
Personal services shop
X
X
X
Planned unit development
C
C
C
C
C
C
C
C
C
Plumbing/heating/electrical contractor shop
X
X
X
Printing office
X
X
X
Public building - governmental agency
X
X
X
C
C
C
C
C
C
Parking lot
X
X
X
C
C
Radio and television towers/station
X
X
X
X
Repair shop (excluding cars/heavy equipment)
X
X
X
Resort
C
Restaurant, indoor service only
X
X
X
C
Restaurant, drive-in
X
X
X
C
Retail store (excluding slaughtering animals)
X
X
X
Retreat, religious
C
X
Riding stable
X
School - public or private
C
C
C
C
C
C
Skating rink
X
X
X
C
Shoe repair shop
X
X
X
Sheet metal shop
C
X
Tavern
X
C
X
Technology and data center
X
X
X
Telephone exchange/answering service
X
X
X
Theater, auditorium
X
C
Theater, drive-in
C
C
C
C
Tourist home
X
C
C
C
Train depot
X
X
X
Truck terminal
C
X
Veterinary hospital
C
C
Warehouse
X
X
X
Wholesale stores
X
X
X
 
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2013-42, passed 7-22-2013; Am. Ord. 2013-043, passed 7-22-2013; Am. Ord. 2013-61, passed 10-28-2013; Am. Ord. 2014-36, passed 9-8-2014; Am. Ord. 2016-78, passed 11-28-2016; Am. Ord. 2020-42, passed 8-24-2020)

   (A)   Conformity with regulations. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
   (B)   Minimum regulations. The density and yard regulations established herein are minimum regulations for each and every building existing at the effective date of these regulations and for any building hereafter erected or structurally altered.
   (C)   Application to each building. No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with these regulations, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
   (D)   One main building per lot. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than 1 main building on a lot except as follows:
      (1)   The lot lies within a RM, B, I-1 or I-C zoning district;
      (2)   A conditional use permit is issued for the construction of more than one main building on 1 lot;
      (3)   The required yards are maintained around the group of buildings; and
      (4)   Buildings that are parallel are separated by a horizontal distance that is at least equal to the height of the highest of the parallel buildings (see Figure 1.)
   Figure 1: Distance Requirements for Parallel Buildings
   (E)   One main use per lot. Only 1 main use shall be allowed per lot, provided that more than 1 main use may be allowed per lot after the issuance of a conditional use permit.

§ 153.019 LOT AREA, YARD AND BULK REGULATIONS.

   (A)   General provisions.
      (1)   In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming lot of record (see § 153.052).
      (2)   Bulk refers to the height and lot coverage for structures in specific districts.
      (3)   See Table II for lot area, yard, and bulk regulations for the designated districts.
Table II - Lot Area, Yard and Bulk Regulations
District
Width
Area
Yard
Bulk
Minimum Lot Width (Feet)
Non-Residential Use Minimum Area (Square Feet)
Minimum Lot Size Residential Use Minimum Lot Size Area/Family (Square Feet)
Minimum Required Yard (Feet)
Minimum Yard Abutting Residential District (Feet)
Maximum Lot Coverage
Maximum Structure Height (Feet)
Single Family
Multi Family
Zero Lotline
Front
Side
Rear
B
65
7,000
6,500
4,000
N/A
None
None
None
15
100%
45
IC
65
7,000
6,500
4,000
4,000
25
15(a)
20
30(b)
40%
45
I-1
65
7,000
N/A
N/A
N/A
35
15
None
25
40%
45
RC
150
1 acre
N/A
N/A
N/A
50
25
50
20
10%
35
RD
65 S-F
40 Z-L
8,000
8,000 (c) or 4,000 (d)
(e)
4,000
30
(a), (f) and (g)
10
N/A
40% for M-F
60% for S-F
45
RE-1
75 S-F
40 Z-L
8,000
8,000
N/A
4,000
30
(a) (h)
20
N/A
40%
35
RM
80
8,000
N/A
(i)
N/A
30
10
20
N/A
50%
45
RS
100 S-F
50 Z-L
18,500
18,500
N/A
6,000
30
10(a)
20
N/A
30%
35
RU
150
1 acre
1 acre
N/A
N/A
50
25
30
30
20%
35
(a)   Zero feet along common lotline for zero lotline dwellings on which a conditional use permit has been issued
(b)   May also be subject to buffer requirements
(c)   For lots established after August 15, 1977
(d)   For lots established prior to August 15, 1977
(e)   8,000 square feet minimum with 2,500 square feet for each 3 bedroom dwelling unit; 2,000 square feet for each 2 bedroom dwelling unit; 1,500 square feet for each 1 bedroom dwelling unit
(f)   6 feet for lots 60 feet or less in width; 10% of lot width for lots over 60 feet in width, to a maximum of 10 feet
(g)   For 3 story multi-family buildings, a minimum of 10-foot side yards are required
(h)   8 feet for lots 80 feet or less in width; 10% of lot width for lots over 80 feet in width, to a maximum of 10 feet
(i)   8,000 square feet minimum with 3,000 square feet for each 3 bedroom dwelling unit; 2,500 square feet for each 2 bedroom dwelling unit; 2,000 square feet for each 1 bedroom dwelling unit
M-F   Multi-family
S-F   Single family
Z-L   Zero lotline
N/A   Not applicable
 
   (B)   Front yards.
      (1)   The front yard setbacks indicated in Table II shall apply to these respective zoning districts except where 30% or more of a block front is improved with buildings. In that event, the setback may be decreased to a line joining the 2 adjacent corners of the building on either side thereof, or, where there is a building on only 1 side, a line projected from the corresponding adjacent corner of the building.
      (2)   Where a block front is divided among districts with different front yard requirements, the deepest front yard required shall apply to the entire block front.
      (3)   On corner lots there must be a front yard setback on both streets. On a corner lot, any lot line or yard not considered a front lot line or yard shall be a side lot line or side yard.
      (4)   On double frontage lots, such as, lots fronting on 2 nonintersecting streets, there shall be a front yard and a rear yard. The front and rear shall be determined by the existing usage of the lot.
      (5)   Front yards shall be devoted entirely to landscaped areas and the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yards.
      (6)   All front yards must meet intersection sight distance requirements as determined by the Illinois Department of Transportation's Bureau of Local Roads (BLR) manual.
      (7)   See division (E).
   (C)   Rear yards.
      (1)   The extent of required setbacks for each zoning district shall be as set forth in Table II.
      (2)   Swimming pools, basketball courts, tennis courts and home barbecue grills may occupy a rear yard provided that they are not located closer than 5 feet to the rear lot lines.
      (3)   See division (E).
   (D)   Side yards.
      (1)   Required side yards shall be maintained on each side of the dwelling or building. The extent of the required yard for each zoning district shall be as set forth in Table II.
      (2)   No side yard shall be required where dwellings are erected above commercial structures, except side yards as may be required for a commercial dwelling in the district in which it is located.
      (3)   If a variance (§ 153.077) or a conditional use permit (§ 153.078) has been issued, the side yards stipulated therein shall be required.
      (4)   On corner lots, there must be a front yard setback on both streets. On a corner lot, any lot line or yard not considered a front lot line or yard shall be a side lot line or side yard.
      (5)   For purposes of the side yard regulations, a multi-family dwelling unit shall be considered 1 building occupying lot.
      (6)   For 3-story multi-family buildings, a minimum of 10-foot side yards are required.
      (7)   The minimum width of side yards for schools, libraries, churches, community buildings and other public and semi-public buildings in RU, RS, RC, RE-1, and RM districts shall be 25 feet, except where a side yard is adjacent to a commercial or industrial district, in which case the width of the yard required in the adjoining district shall be required for that yard.
      (8)    Swimming pools, basketball courts, tennis courts and home barbecue grills may occupy a side yard provided that they are not located closer than 5 feet to the side lot lines.
      (9)   See division (E).
   (E)   All yards.
      (1)   Sills, window air-conditioning units, chimneys, roofs, cornices, and ornamental features may project into a required yard a distance not to exceed 24 inches.
      (2)   Open fire escapes and fireproof outside stairways and ordinary projections of chimneys and flues into a required yard for a distance of not more than 3½ feet may be permitted when so placed as to not obstruct light and ventilation.
      (3)   Those parts of existing buildings that violate yard requirements may be repaired and remodeled in accordance with § 153.053, but not reconstructed to structurally altered in such a way as to increase their nonconformity.
      (4)   Filling station pumps and pump islands may occupy required yards provided, however, that they are not less than 15 feet from all lot lines.
      (5)   Walkways, retaining walls, decorative lights, flag poles, birdbaths, bird houses, and the like may be located in any yard, so long as they are a minimum of 2 feet from any lot line.
   (F)   Height regulations.
      (1)   Maximum height limits established for buildings and structures are as follows:
         (a) Thirty-five feet in the RU, RC, RS and RE-1 districts.
         (b)   Forty-five feet in the RD, RM, B, I-1 and IC districts.
      (2)   Buildings and structures greater in height than the abovementioned limits may be constructed only after issuance of a variance.
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2016-78, passed 11-28-2016)

§ 153.020 ACCESSORY BUILDINGS, STRUCTURES AND USES.

   (A)   General regulations. The uses permitted in the various zoning districts are principal uses, and a building, structure or use that is accessory to a permitted use is allowable in connection with such a use provided it shall meet the requirements of this section.
      (1)   Accessory buildings, structures and uses shall be compatible with the principal uses.
      (2)   Accessory buildings and structures shall not be established prior to the establishment of the principal use; however, this shall not prohibit the construction of a temporary structure prior to construction provided the following rules are followed:
         (a)    A temporary structure shall only be allowed in conjunction with the issuance of a building permit.
         (b)    The temporary structure shall be removed upon completion of the original building project.
      (3)   Accessory buildings may not be used for dwelling purposes.
      (4)   Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this chapter applicable to the main building.
      (5)   All accessory buildings, structures and uses must conform with such other regulations that apply, including city adopted building code regulations.
   (B)   Location; lot coverage. 
      (1)   No detached accessory building, structure or use may be erected in a front yard.
      (2)   In no case shall a detached accessory building be located in a utility easement.
      (3)   In the RE-1, and RD Districts, when the principal use of the main building is single family residential, the maximum height of an accessory building shall be limited to 17 feet, accessory buildings greater than 17 feet in height may be constructed only after issuance of a variance.
      (4)   A detached accessory building shall not be located within 10 feet of the main building. Accessory buildings in existence prior to the date of adoption of this chapter are permitted to remain as legal nonconforming structures.
      (5)    A detached accessory building shall not be closer than 5 feet to the rear lot line, 5 feet from the side lot line.
   (C)   Permitted accessory buildings.  
      (1)   In the RU, RC, RE-1, RM, RS, and RD Districts, the following accessory buildings are permitted:
         (a)   One non-commercial greenhouse that does not exceed in floor area 25% of the ground area of the main building.
         (b)   One private residential garage, either attached or detached, not to exceed 1,000 square feet in size in an RD, RE-1 and RM Districts and not to exceed 1,500 square feet in RC, RS and RU Districts.
         (c)   Tennis court, basketball court, swimming pool, garden house, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.
         (d)   One storage shed not to exceed 200 square feet in size.
      (2)   Additional or other accessory buildings or uses may be constructed only after issuance of a conditional use permit.
      (3)   In the Business (B), Industrial (I-1), and Planned Industrial/Commercial (IC) Districts, parking lots and garages are permitted in conformance with the requirements of § 153.033.
      (4)   In the Rural (RU) District, accessory buildings may include barns, stables, storage sheds, and other structures necessary for agricultural activities.
(Am. Ord. 2008-56, passed 10-14-2008)