Monticello City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 153.030 MOBILE HOMES.
(A) Occupancy of mobile homes. Residential occupancy of mobile homes is permitted only in mobile home parks licensed by the state.
(B) Pre-existing mobile homes outside of mobile home parks. Mobile homes, as defined herein, which are located outside of mobile home parks as of the date of enactment of this amendment (May 22, 1995), shall be considered to be legally nonconforming uses and shall be permitted to remain in their locations, to be modified, and to be reconstructed following total or partial damage or destruction, as long as all other provisions of these zoning regulations, including yard setbacks, are met.
§ 153.031 HOME OCCUPATIONS.
(A) Purpose. The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods, without jeopardizing the health, safety and general welfare of the surrounding neighborhood.
(B) Home occupation, minor. Minor home occupations are home occupations which shall not have nonresident customers or employees and where the occupation complies with the following:
(1) There are no persons, other than immediate members of the family, residing in the dwelling unit, engaged in the home occupation.
(2) There are no signs, advertising, displays, or other indications on the premises identifying the home occupation.
(3) The home occupation is clearly incidental and secondary to the residential use of the premises, does not change the residential character thereof, and results in no incompatibility with or disturbance to the surrounding residential uses.
(4) The home occupation does not create a nuisance to surrounding residents by reasons of noise, light, odor, dust, smoke, fumes, vibrations or electrical interference.
(5) All home occupations complies with all applicable federal, state, and local regulations.
(6) No noticeable increase in on-street parking results from the operation, nor does any increased traffic hazard occur as a result of vehicles entering or exiting the premises.
(C) Home occupation, major. Major home occupations are home occupations where customers and employees may come to the home and where the occupation complies with the following:
(1) A conditional use permit is required.
(2) No more than 1 person, who is not a member of the family residing on the premise, shall be employed.
(3) An identification sign shall not be greater than 16" x 24" and shall be attached to and mounted flush against the building. Flashing and/or illuminated signs are prohibited. There shall be no other display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling.
(4) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
(5) The home occupation shall not create a nuisance to surrounding residents by reasons of noise, light, odor, dust, smoke, fumes, vibrations or electrical interference.
(6) All home occupations shall comply with all applicable federal, state, and local regulations.
(7) A day care shall have no more than 8 children, including the occupants' natural or adopted children under age 18, who are in the home under full-time care.
(8) On-street parking is prohibited.
(9) The home occupation shall not increase any traffic hazard as a result of vehicles entering or exiting the premises.
(D) Prohibited occupations.
(1) The following home occupations are prohibited in the city:
(a) General retail.
(b) Tanning salons.
(c) Funeral homes.
(d) Restaurants.
(e) Renting of trailers.
(f) Medical or dental offices, clinics or hospitals.
(g) Animal kennels or hospitals.
(h) Engine repair shops.
(i) Welding shops.
(j) Any activity which produces or involves the storage of noxious matter, or employs, produces or involves the storage of flammable matter.
(k) Automotive repairs or detailing.
(l) Contracting, excavating, or machine shops.
(m)
Any wholesale business unless it is conducted entirely by mail and/or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises.
(n) Cannabis businesses.
(2) The regulations appearing in this section shall not apply to any home occupation lawfully in existence on the date of adoption of these regulations, which may be maintained as a matter of right as a legal nonconforming use.
(Am. Ord. 2020-42, passed 8-24-2020)
§ 153.032 BED AND BREAKFAST ESTABLISHMENTS.
(A) A conditional use permit is required for all bed and breakfast establishments.
(B) The bed and breakfast establishment shall be operated in conformity with all state and local regulations.
(C) One parking space shall be provided for each room offered for overnight accommodations, plus 2 additional spaces for the dwelling unit.
§ 153.033 OFF-STREET PARKING AND LOADING REQUIREMENTS.
(A) Necessity. Public necessity and business success demand that off-street parking and, where applicable, loading spaces, be required of all new uses and expansions of existing uses whether residential or nonresidential.
(B) Off-street parking requirements for residential uses. Off-street parking spaces shall be provided for residential uses as follows:
(1) Single-family dwelling unit - 2 spaces for each dwelling.
(2) Multi-family dwelling unit - 2 spaces for each dwelling.
(C) Off-street parking requirements for nonresidential uses. See Table III, “Minimum Off-Street Parking Requirements for Nonresidential Uses.”
(D) Rules for computing parking spaces. In computing the number of required off-street parking spaces, the following rules shall apply:
(1) Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof used for parking, as herein defined.
(2) Where fractional spaces result, the parking spaces required shall be the nearest whole number.
(3) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(4) Parking spaces shall have a minimum width of 9 feet.
(5) See Table IV, “Parking Lot Dimensions Table”.
One Parking Space | ||||||||||
For each 50 Sq. Ft. of Floor Space | For each 100 Sq. Ft. of Dining Area | For each 180 Sq. Ft. of Office Space | For each 200 Sq. Ft. of Floor Space over 2000 | For each 500 Sq. Ft. of Floor Space | For each 1000 Sq Ft plus one space for each 4 Employees | For each 3000 Sq. Ft. of Floor Space | For each 5 Employees | For each 6 Seats of Auditorium Capacity | For each Guest Room | |
Amusement centers | X | |||||||||
Appliance stores | X | |||||||||
Banks | X | |||||||||
Bowling alleys | Five spaces per lane | |||||||||
Churches | X | |||||||||
Commercial establishments | X | |||||||||
Dental offices | X | |||||||||
Department stores | X | |||||||||
Funeral parlors | X | |||||||||
Hospitals | X | |||||||||
Hotels, motels | X | X | X | |||||||
Industrials (mfgrs.) | X | |||||||||
Medical offices | X | |||||||||
Night clubs | X | |||||||||
Offices, general | X | |||||||||
Professional offices | X | |||||||||
Restaurants | X | |||||||||
Retail stores | X | |||||||||
Schools | X | |||||||||
Service organizations | X | |||||||||
Technology data centers | X | |||||||||
Theaters | X | |||||||||
Warehouses | X | |||||||||
Wholesalers | X | |||||||||
Angle of Parking | Stall Width | Curb Length Per Car | Stall Depth | Driveway Width |
A | C | D | E | |
0º | 9'0" | 23'0" | 9'0" | 12'0" |
9'6" | 23'0" | 9'6" | 12'0" | |
10'0" | 23'0" | 10'0" | 12'0" | |
20º | 9'0" | 26'4" | 15'0" | 11'0" |
9'6" | 27'10" | 15'6" | 11'0" | |
10'0" | 29'3" | 15'11" | 11'0" | |
30º | 9'0" | 18'0" | 17'4" | 11'0" |
9'6" | 19'0" | 17'10" | 11'0" | |
10'0" | 20'0" | 18'3" | 11'0" | |
40º | 9'0" | 14'0" | 19'2" | 12'0" |
9'6" | 14'10" | 19'6" | 12'0" | |
10'0" | 15'3" | 19'11" | 12'0" | |
45º | 9'0" | 12'9" | 19'10" | 13'0" |
9'6" | 13'5" | 20'2" | 13'0" | |
10'0" | 14'2" | 20'6" | 13'0" | |
50º | 9'0" | 11'9" | 20'5" | 12'0" |
9'6" | 12'5" | 20'9" | 12'0" | |
10'0" | 13'2" | 21'0" | 12'0" | |
60º | 9'0" | 10'5" | 21'0" | 18'0" |
9'6" | 11'0" | 21'3" | 18'0" | |
10'0" | 11'6" | 21'6" | 18'0" | |
70º | 9'0" | 9'8" | 21'0" | 19'0" |
9'6" | 10'2" | 21'3" | 18'0" | |
10'0" | 10'8" | 21'3" | 18'0" | |
80º | 9'0" | 9'2" | 20'4" | 24'0" |
9'6" | 9'8" | 20'5" | 24'0" | |
10'0" | 10'3" | 20'6" | 24'0" | |
90º | 9'0" | 9'0" | 19'0" | 24'0" |
9'6" | 9'6" | 19'0" | 24'0" | |
10'0" | 10'0" | 19'0" | 24'0" | |
(E) Location of required parking spaces. All parking spaces required herein shall be located as follows:
(1) The parking spaces required in division (B) for residential buildings or uses shall be located on the same lot with the building or use served.
(2) The parking spaces required for any other building or use may be located in an area within 300 feet of the building and 2 or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which the parking spaces are provided shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by these regulations.
(3) No parking spaces may be located in a front yard other than on the driveway in an RE-1, RS, RD, or RM District.
(F) Minimum improvement and maintenance standards.
(1) All open parking areas provided in compliance with these regulations shall be surfaced with a durable, dust-proof surface consisting of concrete, bituminous concrete, or compacted gravel or crushed stone properly sealed and surface treated. The parking areas shall be maintained in a usable dust-proof condition and graded and drained to dispose of all surface water. Whenever lighting is provided, it shall be so hooded or shielded as to reflect light away from abutting or neighboring property, including public rights-of-way.
(2) One standard tree, at least 1-1/4 inches in diameter, shall be planted and maintained on the lot for each 10 parking spaces. The following trees shall not be planted: American elm, Chinese elm, American plane tree, Box elder (female), Common horse chestnut, Ginkgo (female), Poplar and Willow.
(3) Planting within 30 feet of entrances and exits to the parking lot shall be limited to shrubs not greater than 3 feet in height when mature. Planting within 30 feet of a street corner shall be limited to shrubs not exceeding 3 feet in height when mature. All plantings shall be maintained by the owner.
(4) The location of each parking space and the direction of movement along the access driveways shall be indicated by painting upon the surface of the lot. A structurally sound curb, or other abutment, no less than 6 inches in height, shall be installed and so placed as to insure that no part of an automobile either extends over or is capable of accidentally rolling across the property line of the parking lot.
(5) All nonconforming parking spaces, with the exception of those required for single-family and multi-family units shall be surfaced with concrete or bituminous concrete or compacted gravel or crushed stone property sealed or surface treated within 5 years of the date of passage of these regulations.
(G) Off-street loading requirements.
(1) There shall be provided at the time any building is erected, off-street loading space in accordance with the requirements of this section.
(2) Office buildings, apartments, hotels and motels - 1 space for each 5,000 to 50,000 square feet of gross floor area; 2 spaces for each 50,000 to 200,000 square feet of gross floor area; 1 additional space for each 75,000 square feet of gross floor area above 200,000 square feet.
(3) Retail or service establishment or wholesale commercial use – 1 space for each 2,000 to 20,000 square feet of gross floor area; 2 spaces for each 20,000 to 100,000 square feet of gross floor area; 1 additional space for each 75,000 square feet of gross floor area above 100,000 square feet.
(4) Manufacturing or industrial use - 1 space for each 10,000 square feet of floor area or fraction thereof in excess of 5,000 square feet.
(5) Tractor-trailer units and other loading vehicles shall not be permitted to obstruct the normal traffic flow of public streets. Off-street apron space shall provide room for vehicular maneuverability for each required off-street loading space.
(6) The following apron space is required for one maneuver into or out of a loading space vehicle or other possible obstruction in the area of maneuver. See Table V, “Apron Space Required for One Maneuver Into or Out of Position”.
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2013-42, passed 7-22-2013)
§ 153.034 ON STREET PARKING RESTRICTIONS.
(A) Definitions.
(1) Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(2) Semi-trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(B) Parking restrictions. No person shall stand or park any truck tractor or semi-trailer on any public street within the RC, RE-1, RM, RS, or RD zoning districts for a greater period than is necessary for the reasonably expeditious loading or unloading of such vehicle.
§ 153.035 STORMWATER MANAGEMENT.
All new construction involving a significant increase in impervious surface shall provide for adequate on-site stormwater detention and stormwater drainage facilities. All storm drainage system design and construction shall comply with the provisions of Chapter 52 (Stormwater Management). Where stormwater regulations within the municipal code conflict, the more stringent of the regulations shall prevail, as determined by city staff.
§ 153.036 BILLBOARDS.
(A) Purpose. The purpose of these regulations is to encourage the effective use of billboards as a means of communication in the city; maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; improve pedestrian and traffic safety; minimize the possible adverse affect of billboards on nearby public and private property; and enable the fair and consistent enforcement of these regulations.
(B) Applicability/effect. A billboard may be erected, placed, established, painted, or created in the city only in conformance with the standards, procedures, exemptions and other requirements of these regulations. The intent of these regulations is to:
(1) Establish a permit system to allow a variety of types of billboards in commercial and industrial zones, subject to the standards of these regulations;
(2) Allow certain billboards that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of these regulations, but without the requirement for a permit;
(3) Prohibit all billboards not expressly permitted by these regulations; and
(4) Provide for the enforcement of these regulations.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLBOARD. An outdoor informational or advertising structure, including the supporting billboard structure, which is visible from a street or highway and has a message area larger than 150 square feet. Directional or official signs authorized by law shall not be considered a billboard for the purpose of this chapter.
BILLBOARD AREA. The entire area within a continuous perimeter enclosing the extreme limits of the billboard message and background; provided however, such perimeter shall not include any structural elements lying outside of the billboard and not forming an integral part or border of the billboard.
BILLBOARD FACE. The surface of the billboard, including letters and background, upon, against or through which the message is displayed or illustrated.
BILLBOARD STRUCTURE. The supports, uprights, braces and framework of the billboard.
DOUBLE-FACED BILLBOARD. A billboard with 2 faces only, with each face oriented 180 degrees from the other.
ERECT. To build, construct, attach, hang, place, suspend, or affix.
FREESTANDING BILLBOARD. A billboard which is attached to or part of a completely self- supporting structure.
ILLUMINATED BILLBOARD. A billboard which is lighted with an artificial light source.
V-TYPE BILLBOARD. A freestanding billboard with 2 billboard faces that are angled from each other by more than 0 degrees and less than 90 degrees.
(D) Permits, forms and application fees.
(1) Billboard permits.
(a) It is unlawful for any person to erect any billboard that requires a permit according to this chapter without first securing a permit.
(b) Permits shall also be required for all governmental agency (except traffic and safety) billboards, but all fees for the billboards shall be waived; however, all other conditions and requirements of this chapter shall apply.
(c) Permits for the erection of billboards regulated by this chapter shall be issued for the useful life of the billboard.
(d)
Any billboard for which a permit is issued shall be erected and in place within 6 months from the date of such permit, or the permit will become automatically void and a new permit shall be applied for pursuant to this § 153.036.
(2) Billboard permit application form. Application for a billboard permit shall be made on the billboard permit application form available from the Building Inspector and shall be submitted to the same, and provide the following information:
(a) Name, address, and telephone number of the applicants and owner;
(b) Name, address, and telephone number of firm or agency erecting, maintaining or designing the billboard, if any;
(c) Location, zoning district, parcel number, and length of building frontage of lot where billboard is to be attached or located;
(d) A sketch showing the location and dimensions of the proposed billboard(s);
(e) Type of illumination to be used, if any;
(f) Any electrical permit required and issued for the billboard;
(g) Authorization to file a permit application; and
(h) Signature of applicant and date.
(3) Billboard application fees. The City Council shall set a fee schedule for billboard permits by resolution. The fee schedule may be updated from time to time, at the discretion of the City Council. The Building Inspector shall provide applicants with information designating the amount of fees to be paid. All fees shall be payable to the city.
(E) Billboard application.
(1) Administration.
(a) Upon receiving a completed and signed application, including the appropriate fee, the Building Inspector shall have a period of 10 days to either reject or approve the billboard application.
(b) If the application is approved, the Building Inspector shall provide the applicant with a permit for the erection of the billboard applied for.
(c) If the signed application is denied, written reasons for the denial shall be supplied to the applicant by the Building Inspector.
(d)
Upon notice of any application being rejected by the Building Inspector, the applicant shall have access to the appeal and/or variance procedure set forth in § 153.075 (A) of this chapter.
(2) Enforcement. Any person who violates any provisions of this section shall be fined $50 for each offense. The fine may be assessed by a city police officer issuing a citation to the offender. Each day that a violation is allowed to exist shall constitute a separate offense.
(F) Billboards.
(1) No billboard shall be erected without a permit. Billboards shall be prohibited in the downtown area, defined: Norfolk and Southern Railroad tracks on the west, High Street on the north, Buchanan Street on the east, and Marion Street on the south. Billboards shall also be prohibited within 100 feet of Market Street, from High Street south to the city limits, and on Center/Bridge Street, from Buchanan Street west to the city limits. Billboards are permitted only in zoning Districts B and I-1, subject to the following requirements:
(a) Spacing. No billboard may be located closer than 1,000 feet to any other billboard, provided, however, this provision does not prevent erection of freestanding, double-faced, 2 single-faced back-to-back, or V-type billboards.
(b) Size. The maximum area of a billboard face shall be 425 square feet or if 2 single-faced back-to-back or a V-type sign, a total of 850 square feet. There shall be no more than 2 sign faces.
(c) Height. Billboards shall not exceed the height of 45 feet.
(d) Lighting. All electrical service wiring, including wiring used for billboard lighting, shall be installed underground and in protective electrical conduit. No overhead wiring shall be permitted.
(e) Supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
(f) Flashing lights. The use of flashing lights on billboards is prohibited.
(2) The regulations appearing in this division shall not apply to any billboard lawfully erected and in existence on August 23, 2004, which may be maintained as a matter of right as a legal nonconforming sign and may be rebuilt or relocated on the same property, provided the billboard is constructed with similar materials and maintains the original size and height.
(Am. Ord. 2008-56, passed 10-14-2008)
§ 153.037 SIGNS.
(A) Purpose. The purpose of these regulations is to encourage the effective use of signs as a means of communication in the city; maintain and enhance the city's aesthetic environment; improve pedestrian and traffic safety; minimize the possible adverse affect of signs on nearby public and private property; and enable the fair and consistent enforcement of these regulations.
(B) Applicability/effect. A sign may be erected, placed, established, painted, or created in the city only in conformance with the standards, procedures, exemptions and other requirements of these regulations. The intent of these regulations is to:
(1) Establish a permit system to allow a variety of types of signs in commercial and residential zoning districts, subject to the standards of these regulations;
(2) Allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of these regulations, but without the requirement for a permit;
(3) Prohibit all signs not expressly permitted by these regulations; and
(4) Provide for the enforcement of these regulations.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SIGN. A sign located in the B, I-1 or I-C zoning districts.
ERECT. To build, construct, attach, hang, place, suspend, or affix.
FREESTANDING SIGN. A sign which is attached to or part of a completely self- supporting structure.
ILLUMINATED SIGN. A sign which is lighted with an artificial light source.
RESIDENTIAL SIGN. A sign located in the RC, RD, RE-1, RS or RU zoning districts.
SIGN. Any device, frame, letter, figure, character, mark, point, design, picture, logo, stroke, trademark, or reading matter, which is used or intended to be used to attract attention or convey information, when the same is placed out of doors in view of the general public; and in addition, any of the above which is not placed out of doors, but which is illuminated with artificial or reflected light, and is attached or painted directly on the window or door of the building facade.
SIGN AREA. The entire area within a continuous perimeter enclosing the extreme limits of the sign message and background; provided however, such perimeter shall not include any structural elements lying outside of such sign and not forming an integral part or border of the sign.
SIGN FACE. The surface of the sign, including letters and background, upon, against or through which the message is displayed or illustrated.
SIGN HEIGHT. The distance from the natural ground level to the highest point of the sign.
SIGN STRUCTURE. The supports, uprights, braces and framework of the sign.
SPECIAL EVENT SIGN. A temporary sign advertising or announcing a special community-wide event or activity conducted by or sponsored by or on behalf of a unit of local government, a charitable organization or a not-for-profit corporation. A special community-wide event or activity is one which seeks to attract donations, participants, or customers throughout the city.
(D) Permits, forms and application fees.
(1) Sign permits.
(a) It is unlawful for any person to erect any sign that requires a permit according to this chapter without first securing a permit.
(b) Permits for the erection of signs regulated by this chapter shall be issued for the useful life of the sign.
(c) Any sign for which a permit is issued shall be erected and in place within 6 months from the date of such permit, or the permit will become automatically void and a new permit shall be applied for pursuant to this section.
(2) Sign permit application form. Application for a sign permit shall be made on the sign permit application form available from the Building Inspector and shall be submitted to the same, and provide the following information:
(a) Name, address, and telephone number of the applicants and owner with authorization of the property owner to file a permit application;
(b) Name, address, and telephone number of firm or agency erecting, maintaining or designing the sign if any;
(c) Address and zoning district of the property where the sign is to be located;
(d) A sketch showing the location and dimensions of the proposed sign(s);
(e) Type of illumination to be used if any;
(f) Signature of applicant and date.
(3) Sign application fees. The City Council shall set a fee schedule for sign permits by resolution. The fee schedule may be updated from time to time at the discretion of the City Council. The Building Inspector shall provide applicants with information designating the amount of fees to be paid. All fees shall be payable to the city.
(E) Sign application.
(1) Administration.
(a) Upon receiving a completed and signed application, including the appropriate fee, the Building Inspector shall have a period of 10 days to either reject or approve the sign application.
(b) If the application is approved, the Building Inspector shall provide the applicant with a permit for the erection of the sign applied for.
(c) If the signed application is denied, written reasons for the denial shall be supplied to the applicant by the Building Inspector.
(d) Upon notice of any application being rejected by the Building Inspector, the applicant shall have access to the appeal procedure set forth in § 153.075.
(2) Enforcement. Any person who violates any provisions of this section shall be fined $50 for each offense. The fine may be assessed by a city police officer issuing a citation to the offender. Each day that a violation is allowed to exist shall constitute a separate offense.
(3) Removal. Where applicable, the city reserves the right to remove any signs illegally placed on public or city property. The signs shall be held at the city municipal building for 5 working days. After 5 working days have elapsed, the signs shall be disposed of.
(F) Commercial signs.
(1) No sign shall be erected without a permit. Signs shall be prohibited in any public right-of-way or on city property with the exception of traffic and regulatory signs. Signs are permitted only on private property with the permission of the property owner, subject to the following requirements:
(a) Distance. All signs must meet intersection sight distance requirements as determined by the Illinois Department of Transportation's Bureau of Local Roads (BLR) manual.
(b) Size. The maximum area of a sign face shall be 425 square feet or if 2 single-faced back-to-back or a V-type sign, a total of 850 square feet. There shall be no more than 2 sign faces.
(c) Height. Signs shall not be erected at height of more than 45 feet.
(d) Lighting. All electrical service wiring, including wiring used for sign lighting, shall be installed underground and in protective electrical conduit. No overhead wiring shall be permitted.
(e) Structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
(f) Flashing lights. The use of flashing lights on signs is prohibited.
(2) The regulations appearing in this section shall not apply to any commercial sign lawfully erected and in existence on at the time of adoption of these regulations, which may be maintained as a matter of right as a legal nonconforming sign and may be rebuilt or relocated on the same property, provided the sign is constructed with similar materials and maintains the original size and height.
(G) Residential signs. No permit shall be required. Signs shall be prohibited in any public right-of-way or on city property with the exception of traffic and regulatory signs. Signs are permitted only on private property with the permission of the property owner, subject to the following requirements:
(1) Distance. All signs must meet intersection sight distance requirements as determined by the Illinois Department of Transportation's Bureau of Local Roads (BLR) manual.
(2) Size. The maximum area of a sign face shall be 6 square feet or if 2 single-faced back-to-back or a V-type sign, a total of 12 square feet. There shall be no more than 2 sign faces.
(3) Height. Signs shall not exceed the height of 4 feet.
(4) Lighting. No illuminated signs or flashing lights shall be permitted.
(H) Exceptions. Temporary special event signs may be placed in public right-of-way or on city property with the written permission of the City Administrator. The temporary special event signs may be placed no more than 2 weeks prior to the advertised event and must be removed no later than 3 days after the event. Permanent signs may be placed in public right-of-way with the issuance of an encroachment permit pursuant to §§ 94.075-94.079
. Any such sign shall constitute a limited public forum for placement of messages relating to the activity or business of the permittee only.
(Am. Ord. 2016-38, passed 6-27-2016)
§ 153.038 FENCES.
(A) Scope. The installation, erection, and/or maintenance of a fence is hereby prohibited except in strict compliance with the standards, procedures, exemptions and other requirements of these regulations.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE. Any barrier, structure, or gate erected upon or near, but not limited to, the property line between adjoining property owners, for the purpose of separating, screening, enclosing or protecting property. For the purpose of this chapter, a fence shall not include naturally growing shrubs, bushes and other foliage or privacy screens as defined herein.
FENCE HEIGHT. The distance from the natural ground level to the top of the highest component of the fence.
PRIVACY SCREEN. A barrier erected within the interior of a parcel of property and not upon a property line for the purpose of obscuring windows, patios, decks, courtyards, swimming pools and other similar outdoor features, from observation by persons outside the perimeter of the property.
RECREATIONAL FENCE. A fence used principally as a backstop, shield, or enclosure for a sport or recreational activity.
(C) Permits required. No fence shall be substantially altered, erected or placed upon any property without first obtaining a fence permit. Plans indicating specific location, material, type and height of proposed fence shall accompany the permit application filed with the Building and Zoning Administrator. Before a building permit is issued, the owner may be required to provide positive proof of the lot line by survey or location of lot line stakes. All fences must meet intersection sight distance requirements as determined by the Illinois Department of Transportation's Bureau of Local Roads (BLR) manual.
(D) Residential and Business Districts (B, RC, RU, RS, RE-1, RD, and RM.)
(1) Height of fence.
(a)
Fence height shall not exceed 4 feet in front yards and 6 feet in side and rear yards. Fence height for multi-family residential property, which abut single or multi-family property shall be 6 feet in height in side yards and 6 feet in height in rear yards.
(b) On that portion of a premises which constitutes the side of a residential corner lot, fences shall not exceed 6 feet in height.
(2) Location.
(a) Fences may be located on property lines.
(b) No fence shall be located closer than 12 inches to a public sidewalk, except in business districts.
(3) Material specifications.
(a) Fences shall be constructed of wood, metal, masonry, or PVC, and other materials of required stability approved by the Building and Zoning Administrator.
(b) Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay.
(c) All posts shall be sunk in the soil to a depth of at least 3 feet.
(d) No person shall erect or cause to be erected a fence which is made with or upon which is fixed barbed wire; or has any protective spike, nail, or sharp pointed object; or is charged with electric current.
(4) Design requirements.
(a) Areas zoned or used for multiple family residential purposes, which abut single or multi-family property, shall have erected upon the adjoining property line, a fence to act as a screen between the properties. The fence shall be 6 feet in height.
(b) All fences shall have their finished face directed toward adjacent residential properties or streets.
(c) All posts for any fences must be on the owner's side of the fence.
(d) In the event that any fence is erected in any easement, the landowner shall be solely responsible for the repair or replacement of the fence in the event that maintenance of the easement and rights granted hereunder require removal of the fence or cause damage to it.
(e) Fences must not inhibit drainage flow.
(5) Fences required for swimming pools. For the protection of the general public, any swimming pool greater than 3 feet in depth shall be enclosed by a fence measuring not less than 6 feet in height above grade level, unless the pool is equipped with power pool safety cover. Any swimming pool possessing a power pool safety cover in accordance with this section shall be surrounded by a fence measuring not less than four feet in height above grade. The gate(s) of any fence enclosing a swimming pool shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open.
(E) Industrial districts (I-1 and IC).
(1) Height of fence. Fence height shall not exceed 12 feet.
(2) Location.
(a) Fences may be located on property lines.
(b) No fence shall be located closer than 12 inches to a public sidewalk.
(c) It shall be unlawful to construct, or maintain, or permit to remain, any fence or fence element on a corner lot within 50 feet of the street line which obstructs the view.
(3) Material specifications.
(a) Fences shall be constructed of wood, metal or masonry, and other acceptable materials of required stability.
(b) Only new material shall be used, which has been manufactured and/or treated in a manner to prevent rust and corrosion, and/or rot and decay.
(c) All posts shall be sunk in the soil to a depth of at least 3 feet.
(d) No person shall erect or cause to be erected a fence which is charged with electric current.
(e) A fence in an industrial area may be erected with barbed wire on arms or brackets extending inward over such property. Barbed wire shall not be used, installed, or constructed on fences fronting any street.
(4) Design requirements.
(a) All fences shall have their finished face directed toward adjacent property or streets.
(b) All posts for any fence must be on the owner's side of the fence.
(c) In the event that any fence is erected in any easement, the landowner shall be solely responsible for the repair or replacement of the fence in the event that maintenance of the easement and rights granted hereunder require removal of the fence or cause damage to it.
(d) Fences must not inhibit drainage flow.
(F) Construction barrier fencing. Construction barrier fencing, a minimum of 4 feet tall, of bright orange or other readily visible color is required to be placed around all open excavations. Fencing shall be kept in good repair through out the course of the work and must not be removed until excavation is closed.
(G) Recreational fences. Fences shall not exceed a height of 12 feet and shall not be located closer than 5 feet to any property line or placed on any easement.
(H) Maintenance of nuisance. Fences must be maintained in a neat and safe condition, so as not to endanger life or property. Any fence which, through lack of repair, type of construction or otherwise, endangers life or property is hereby deemed a nuisance. The Building and Zoning Department shall notify the owner, agent, or person in control of the property on which the fence is located of the existence of the nuisance and shall specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof be removed and shall provide a time limiting the repairs, modification, or removal.
(I) Existing fences. Fences presently in existence shall not be enlarged, rebuilt, repaired or reconstructed without first having obtained a permit from the Building Department. Such fences, when repaired or replaced, shall conform with all provisions of this chapter.
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2017-03, passed 1-9-2017)
§ 153.039 DECKS, PATIOS AND PORCHES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DECK. An unenclosed platform serving as a floor and located above the finished grade, which may be either attached or detached, and is built on a foundation, piers, or blocks.
PATIO. An unenclosed surfaced area located outside at the finished grade which is paved and used for dining, lounging or other recreational purposes.
PORCH. A platform projecting from the wall of a building at either ground level or the first story above grade with direct access to or from the building. A porch has a roof or roof-like structure and forms a covered entrance.
(B) Decks. All decks built or modified after the effective date of this section shall comply with the following standards:
(1) No deck shall be substantially altered or erected without first obtaining a deck permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
(2)
Encroachment into setbacks is prohibited, except in the RE-1 zoning district where a deck may extend into the required back yard by up to 10 feet. Said encroachment shall not be allowed for those lots on which a variance has been granted. In such cases, the setbacks defined therein shall apply.
(3) The maximum height of a deck floor shall be grade level or even with the adjacent first floor level in the dwelling.
(4) A deck shall not be constructed in any easement.
(5) Decks shall not be subject to lot coverage limitations.
(C) Patios. All patios built or modified after the effective date of this section shall comply with the following standards:
(1) No patio shall be substantially altered or erected without first obtaining a patio permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
(2)
Encroachment into setbacks is prohibited, except in the RE-1 zoning district where a patio may extend into the required back yard by up to 10 feet. Said encroachment allowance shall not be allowed for those lots on which a variance has been granted. In such cases, the setbacks defined therein shall apply.
(3) A patio shall not be constructed in any easement.
(4) Patios shall not be subject to lot coverage limitations.
(5) Paving bricks are permitted.
(6) Concrete construction requirements:
(a) Concrete shall be a minimum of 4" below top of building foundation and pitch away from building at ¼" per foot.
(b) Drainage shall not be directed onto neighbors' properties.
(c) Concrete shall be a minimum of 4" thickness on 4" granular fill.
(D) Porches. All porches built or modified after the effective date of this section shall comply with the following standards:
(1) No porch shall be substantially altered or erected without first obtaining a porch permit. Plans indicating specific location and material shall accompany the permit application filed with the Building and Zoning Administrator.
(2) Encroachment into setbacks is prohibited.
(3) A porch shall not be constructed in any easement.
(4) A porch shall be subject to lot coverage limitations.
(Am. Ord. 2008-56, passed 10-14-2008)
§ 153.040 ADULT ENTERTAINMENT FACILITIES.
(A) Purpose. The purpose of this section is to regulate adult entertainment facilities in order to protect the community from the secondary effects such as increased crime and declining property values associated with sexually oriented businesses.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOTH. Any area of an adult entertainment facility set off from the remainder of such establishment by 1 or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT CABARET. Any commercial establishment that as a substantial or significant portion of its business regularly features any of the following:
(1) Persons who appear nude or semi-nude; or
(2) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT ENTERTAINMENT FACILITY. Any sexually oriented business such as an adult cabaret, adult store, adult theater or massage parlor as defined in this division.
ADULT MATERIAL. Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally-stored materials.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind.
(3) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specific anatomical areas, or the conduct or simulation of specific sexual activities.
(4) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
ADULT STORE. Any commercial establishment that contains 1 or more adult booths; that has a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or that has a segment or section devoted to the sale or display of adult materials.
ADULT THEATER. Any commercial establishment that as a substantial or significant portion of its business, regularly features for presentation, films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
MASSAGE PARLOR. Any commercial establishment where any person engages in, or carries on, or permits to be engaged in or carried on any touching or stimulating of the external parts of the body with hands and/or feet or with the aid of any apparatus or appliance.
NUDE or STATE OF NUDITY. A state of dress or undress that exposes to view less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed; or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
PROTECTED USES.
(1) Any school, public or private.
(2) Any day care center.
(3) Any cemetery.
(4) Any public park or forest preserve.
(5) Any public housing facility.
(6) Any place of religious worship.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the human genitals, anus, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SPECIFIED ANATOMICAL AREAS. Human genitals or pubic region, buttocks, anus, or the female breast below a point immediately above the top the areola that is less than completely or opaquely covered, or human male genitals in a discernibly turgid state even if completely or opaquely covered or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or excitement; acts of human masturbation, sexual intercourse, fellatio, or sodomy; fondling, kissing, or erotic touching of specified anatomical areas; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating, or the infliction of pain; erotic touching, fondling, or other such contact with an animal by a human being; or human excretion, urination, menstruation, or vaginal or anal irrigation as part of or in connection with any activities set forth above.
(C) Prohibited acts and conditions. The following acts and conditions are prohibited on the premises of any adult entertainment facility:
(1) Alcoholic beverages. No alcoholic beverages shall be served, consumed, possessed, delivered or transported on or about the premises of any adult bookstore, adult cabaret, adult theater or adult novelty store at any time.
(2) Minors. No person under the age of 18 years shall be allowed on, about or inside the adult entertainment premises.
(3) Employees. It shall be unlawful for the owner, associate, member, representative, agent or employee of any adult entertainment to employ in any capacity within the adult entertainment establishment any person who is under the age of 18 years.
(4) Adult booths. No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, and all such booths, stalls or partitioned portions of a room or individual rooms so used shall have at least 1 side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All described areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but the lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.
(5) Adult cabarets. All dancing and other performances shall occur on a stage intended for that purpose, which is raised at least 2 feet from the level of the floor. No dancing or other performances shall occur closer than 10 feet to any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.
(6) Massage parlors. Massage parlors as defined herein are prohibited. Licensed massage therapists, licensed chiropractors, licensed physicians, hospitals and clinics shall be exempted from this prohibition.
(D) Exterior display. No adult entertainment facility shall be operated in any manner that permits the observation of any material depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any property not lawfully in use as an adult entertainment facility as defined under this code.
(E) Location. Adult entertainment facilities shall be located in accordance with the following standards:
(1) Permitted districts. Adult entertainment facilities shall be permitted only in an I-1 zoning district.
(2) Minimum distance from other adult entertainment facilities. No adult entertainment facility shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which any other adult entertainment facility is located, established, maintained, or operated.
(3) Minimum distance from protected uses. No adult entertainment facility shall be located, established, maintained, or operated on any lot that has a property line within 1,000 feet of the property line of any other lot on which a protected use is located, established, maintained, or operated.
(4) Measurement. For the purposes of this section, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the adult entertainment facility is located to the nearest point on a property line of any lot on which a protected use or other adult entertainment facility, as the case may be, is located, established, maintained, or operated.
(5) Limited exception for subsequent protected uses, alcoholic business. An adult entertainment facility lawfully operating under this code shall not be deemed to be in violation of the location restrictions set forth herein solely because a protected use subsequently locates within the minimum required distance of the adult entertainment facility, a business that sells or dispenses alcoholic beverage subsequently located within the same building as the adult entertainment facility.
(F) Hours of operation. An adult entertainment facility shall be permitted to remain open for business or allow or permit patrons or members to remain upon the premises between the hours of 10:00 a.m. to 12:00 a.m.
§ 153.041 MEDICAL CANNABIS BUSINESSES.
Cannabis businesses are prohibited in the City of Monticello, except for medical cannabis businesses in compliance with the requirements of this chapter.
(A) Application requirements. In addition to all other applicable conditional use application requirements, a medical cannabis business applicant must submit all documents requested by the Building and Zoning Administrator for evaluation under the applicable conditional use standards, which may include:
(1) A complete copy of all applications and plans submitted for required state licenses;
(2) An air treatment and odor control plan;
(3) A security plan;
(4) An inventory control plan;
(5) A floor plan;
(6) A traffic study;
(7) A plan for the recycling and destruction of cannabis waste;
(8) A site plan for the proposed medical cannabis business, and for any medical cannabis dispensary, showing adequate public access, the layout promotes the safe dispensing of cannabis, the location is sufficient in size, power allocation, lighting, parking, handicapped accessible parking spaces, accessible entry and exits as required by the Americans with Disabilities Act, product handling, and storage; and
(9) A recoverable costs agreement, in a form acceptable to the Building and Zoning Administrator, to reimburse the city for the actual costs incurred in processing the application, including costs for legal publication, court reporter services, administrative preparation and review, document preparation and review, professional and technical consultants, legal review and consultation, and document recording.
(B) Conditions. In addition to all other conditions the City Council imposes on a conditional use approval, medical cannabis businesses must comply with the following conditions:
(1) Compliance with state regulations and rules. All medical cannabis businesses must comply with all applicable state and local laws, including the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.
(2) Compliance with plans. The development, use, operation, and maintenance of the medical cannabis business will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the Building and Zoning Administrator in accordance with all applicable city rules, regulations, and ordinances.
(3) Minimum distance limits. In addition to all state-imposed minimum distance limits, any building used for a medical cannabis business may not be located within the following distances of a pre-existing protected use:
Public or Private
|
Protected Use
|
Medical Cannabis Cultivation Center
|
Medical Cannabis Dispensary
|
Public or Private
|
Protected Use
|
Medical Cannabis Cultivation Center
|
Medical Cannabis Dispensary
|
Day Cares | |||
Public and private | Day care center | 2,500 feet | 1,000 feet |
Public and private | Day care home | 2,500 feet | 1,000 feet |
Public and private | Group day care home | 2,500 feet | 1,000 feet |
Public and private | Part day child care facility | 2,500 feet | 1,000 feet |
Green Space | |||
Public and private | Cemetery | 1,000 feet | 1,000 feet |
Public | Forest preserve | 1,000 feet | 1,000 feet |
Public | Park | 1,000 feet | 1,000 feet |
Place of Worship | |||
Private | Place of worship | 1,000 feet | 1,000 feet |
Schools | |||
Public and private | Preschool | 2,500 feet | 1,000 feet |
Public and private | Elementary school | 2,500 feet | 1,000 feet |
Public and private | Secondary school | 2,500 feet | 1,000 feet |
(4) Prohibited locations. A medical cannabis dispensary may not be located in a house, apartment, or condominium.
(5) Security. In addition to all state-imposed security requirements, the City Council may require a medical cannabis business to provide sufficient additional safeguards in response to any special security concerns.
(6) Air treatment. In addition to all state-imposed air treatment requirements, the City Council may impose additional air treatment requirements on a medical cannabis business to promote compliance with city nuisance and other ordinances.
(7) Traffic. The City Council may impose conditions requiring the design of the medical cannabis business to minimize traffic congestion, pedestrian hazards, and adverse impacts on surrounding properties.
(8) Cannabis waste. All medical cannabis businesses must comply with all state, county, and city regulations governing cannabis waste.
(9) Hours of operation. Unless otherwise prescribed by state law, the City Council may impose hours of operation for a medical cannabis business as a condition of any conditional use permit to reduce conflicts with surrounding land uses.
(10) Drive-through windows. Medical cannabis dispensaries may not operate drive-through windows.
(11) On-premises consumption. No medical cannabis business may allow the smoking, inhalation, or consumption of cannabis in any form anywhere inside or outside the building on its property. A sign, at least 8.5 by 11 inches, shall be posted inside the medical cannabis business in a conspicuous place visible to patrons and employees stating: "Smoking, eating, drinking, and other forms of consumption of cannabis products are prohibited on the premises of this establishment."
(12) Principal use. Medical cannabis businesses are only permitted as a principal use and are not allowed as an accessory or temporary use.
(13) State license. Before issuance of a certificate of occupancy or otherwise opening to the public, medical cannabis businesses must file a copy of all required state licenses with the Building and Zoning Administrator. Medical cannabis businesses must maintain all required state licenses in effect at all times and keep satisfactory proof thereof on file with the Building and Zoning Administrator.
(14) Non-transferability. Unless otherwise expressly provided by ordinance, the privileges, obligations, and provisions of a conditional use permit for a medical cannabis business:
(a) Are for the sole benefit of and will be binding on the applicant; and
(b) May not be transferred to any other person or entity without a new application for approval for a person or entity other than the applicant.
(15) Inspections. When reasonable cause of a violation exists, all medical cannabis businesses are subject to inspections by the Building and Zoning Administrator with the assistance of the City Attorney, the Police Department, or other city agents and employees.
(Ord. 2020-42, passed 8-24-2020)