A. No building or other structure shall hereafter be erected, altered, or enlarged, and no use of land shall hereafter be established or enlarged for any use except a use that is named in the list of permitted uses for the zoning district in which the building, structure or land is, or will be, located. When a use is not specifically listed in the sections, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that said use is similar to, and not more objectionable than, uses listed. There shall be the following exceptions to the foregoing requirement:
1. Uses lawfully established on the effective date hereof may be continued subject to the conditions and restrictions contained in this Code.
2. Special uses may be allowed, but only in accordance with the provisions of section 10-15-6 of this title.
B. The uses permitted in each zoning district are set out in each zoning district of this title. (1979 Code § 5-3-1)
10-3-2: SPECIAL USES:
In each zoning district, certain enumerated uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of chapter 15 of this title. The special uses which may be allowed in each zoning district are set out in each district. (1979 Code § 5-3-2)
10-3-3: PERFORMANCE STANDARDS:
When the regulations for a zoning district established by this title contain performance standards, any permitted or special use constructed, established, altered or enlarged after the effective date hereof shall be operated so as to comply with the performance standards for the district in which it is, or will be, located. No permitted or special use already established on the effective date hereof shall be altered or modified so as to conflict with, or further conflict with, the applicable performance standards established for the district in which it is located. (1979 Code § 5-3-3)
10-3-4: LOT SIZE REQUIREMENTS:
No building or other structure shall hereafter be erected, altered or enlarged, nor shall any use of land be established or enlarged on a lot or tract of land which is:
A. Smaller in area than the minimum lot area prescribed for the zoning district in which the building, structure or land is located; or
B. Less than the minimum lot width prescribed for the zoning district in which the building, structure or land is located. (1979 Code § 5-3-4)
10-3-5: BUILDING BULK LIMITATIONS:
In this title, building bulk limitations are expressed in terms of lot coverage, maximum building height, minimum setbacks and minimum side and rear yards.
A. No building or other structure shall hereafter be erected, altered or enlarged so as to exceed the maximum lot coverage percentage or the maximum building height for the district in which the building or structure is located.
B. No building or other structure shall hereafter be erected, altered or enlarged unless the minimum setbacks and side and rear yards specified for the district in which such building, structure or use of land is located are maintained. All additions to principal buildings (for example, attached garages) shall comply with the setback and yard requirements for the principal building. The building bulk limitations applicable in each zoning district are set out in each chapter of this title. (1979 Code § 5-3-5)
10-3-6: SIGNS:
No sign shall hereafter be erected, altered or enlarged unless it complies with the regulations and restrictions imposed on the use and maintenance of signs in the zoning district in which the sign is, or will be, located. The sign regulations applicable in each zoning district are provided for in chapter 11 of this title. (1979 Code § 5-3-6)
10-3-7: OFF-STREET PARKING AND LOADING:
No building or other structure shall hereafter be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by chapter 12 of this title are provided. (1979 Code § 5-3-7)
10-3-8: NUMBER OF BUILDINGS ON A LOT:
Not more than one (1) principal detached residential building shall be located on a zoning lot. A principal detached residential building shall not be located on the same lot with any other principal building. (1979 Code § 5-3-8)
10-3-9: ACCESSORY BUILDINGS:
No accessory building or structure shall be constructed and occupied on any lot prior to the time of completion of the construction of the principal building to which it is accessory. (1979 Code § 5-3-9)
10-3-10: DRIVEWAYS FOR BUSINESS AND INDUSTRIAL DISTRICTS:
No land which is located in a residence district shall be used for a driveway, walkway or access to any land which is located in a business or industrial district. (1979 Code § 5-3-10)
10-3-11: VISION CLEARANCE; CORNER LOTS:
No building, structure or fence hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
A. In any residential or commercial district exceeding a height of three and one-half feet (31/2') above the lot grade within twenty five feet (25') of the intersecting street lines bordering corner lots;
B. In any industrial district within twelve feet (12') of the intersecting street lines bordering a corner lot, provided this regulation shall not apply to any part of the building above the first floor. (1979 Code § 5-3-11)
10-3-12: CONDITIONAL USES:
The following uses of land or structures, or both, may be permitted within any district subject to review by the Plan Commission and final approval by the Village Board:
Cemeteries, churches, golf courses, hospitals, Municipal buildings, nursery schools, daycare centers, day nurseries, public parking areas, police stations, public administration buildings, public or private parks or playgrounds, public utility facilities, radio and television antennas or towers, educational institutions and public open space.
Additionally, the following use of land may be permitted for a maximum term of five (5) years within General Residence Districts (R-1) and Multi-Family Districts (R-2): limited agricultural use for row crops only on a single parcel of at least ten (10) acres. No structures shall be permitted in connection with such limited agricultural use. (Ord. 04-02-16, 4-26-2016)
10-3-13: HEIGHT EXEMPTIONS:
Churches, semipublic buildings, colleges, hospitals, clinics, schools and sanitariums may exceed the height restrictions of the district in which said building is located, provided such structure shall have side yards on both sides complying with the area district regulations of that district and, in addition, the side yard shall be increased one foot (1') in width for each foot the building exceeds the height restrictions of that district. (1979 Code § 5-3-13)
10-3-14: AREA RESTRICTION; FRONT YARD:
In computing the depth of a front yard requirement in the R-1 or R-2 District where that portion of the district is partially occupied by the permanent dwellings, three (3) or more in number, and the average established depth of the front yard of the buildings fronting on a street between the closest two (2) cross streets exceeds the front yard requirements under this title, the depth of the front yard of future buildings fronting on said street as required hereunder shall be increased to conform with such average, which setback need not, in any instance, exceed thirty five feet (35'). If the average established depth of the front yards as described above is less than that required under this title, the depth of the front yard may be decreased to conform with such average, but in no case shall it be less than ten feet (10').
No existing building shall be altered, enlarged or otherwise changed to reduce or decrease the depth of the front yard to less than the requirements of this or any other part of this title. (1979 Code § 5-3-14)
10-3-15: YARD REQUIREMENT:
Every part of the required yard shall be open from its lowest level to the sky unobstructed. (1979 Code § 5-3-15)
10-3-16: FENCES:
A. Building Permit: A building permit is required for all fences to be constructed within the Village, regardless of the zoning district where the fence shall be located. No fence shall be constructed without first obtaining a building permit. No building permit shall be issued if the proposed fence creates an obstruction to the vision of drivers of motor vehicles. Prior to issuance of the building permit, the owner shall locate all property pins to insure accurate location of the fence. The owner or contractor shall call J.U.L.I.E. prior to the commencement of any work. The building permit fee shall be twice the standard fee in the event work is commenced prior to issuance of a building permit.
B. Solid Structure Fences: Solid structure fences are prohibited in the front yard in any zoning district. A solid structure fence is described as a nonpermeable fence which as a result of its construction creates a significant obstruction of vision.
C. Location Of Fence Posts: Any "solid structure fence" as defined in subsection B of this section shall be constructed with the fence posts placed on the inside of the fence or built into the fence. Under no circumstances shall the fence posts be on the outside of a solid structure fence.
D. Height Restrictions: No fence in any front yard shall exceed the height of four feet (4'). No fence in a side yard or a back yard shall exceed the height of six feet six inches (6'6").
E. Acceptable Fence Types and Materials: Any commercially made or fabricated residential wooden, vinyl, PVC or other types of industry standard residential fence panels, standard chain link fences, and fences constructed of residential standard wood fence boards, posts and rails may be utilized. Farm-type woven wire, chicken wire and other similar light weight wire fence materials may not be utilized. Metal ag-type posts may not be utilized in residential zoning districts. Top rails are required on all chain link fences. (1979 Code § 5-3-16; amd. Ord. 06-02-19, 6- -2019)
Mount Morris City Zoning Code
CHAPTER 3
GENERAL REQUIREMENTS
10-3-1: PERMITTED USES:
A. No building or other structure shall hereafter be erected, altered, or enlarged, and no use of land shall hereafter be established or enlarged for any use except a use that is named in the list of permitted uses for the zoning district in which the building, structure or land is, or will be, located. When a use is not specifically listed in the sections, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that said use is similar to, and not more objectionable than, uses listed. There shall be the following exceptions to the foregoing requirement:
1. Uses lawfully established on the effective date hereof may be continued subject to the conditions and restrictions contained in this Code.
2. Special uses may be allowed, but only in accordance with the provisions of section 10-15-6 of this title.
B. The uses permitted in each zoning district are set out in each zoning district of this title. (1979 Code § 5-3-1)
10-3-2: SPECIAL USES:
In each zoning district, certain enumerated uses may be permitted only if a special use permit is secured in accordance with the provisions and procedures of chapter 15 of this title. The special uses which may be allowed in each zoning district are set out in each district. (1979 Code § 5-3-2)
10-3-3: PERFORMANCE STANDARDS:
When the regulations for a zoning district established by this title contain performance standards, any permitted or special use constructed, established, altered or enlarged after the effective date hereof shall be operated so as to comply with the performance standards for the district in which it is, or will be, located. No permitted or special use already established on the effective date hereof shall be altered or modified so as to conflict with, or further conflict with, the applicable performance standards established for the district in which it is located. (1979 Code § 5-3-3)
10-3-4: LOT SIZE REQUIREMENTS:
No building or other structure shall hereafter be erected, altered or enlarged, nor shall any use of land be established or enlarged on a lot or tract of land which is:
A. Smaller in area than the minimum lot area prescribed for the zoning district in which the building, structure or land is located; or
B. Less than the minimum lot width prescribed for the zoning district in which the building, structure or land is located. (1979 Code § 5-3-4)
10-3-5: BUILDING BULK LIMITATIONS:
In this title, building bulk limitations are expressed in terms of lot coverage, maximum building height, minimum setbacks and minimum side and rear yards.
A. No building or other structure shall hereafter be erected, altered or enlarged so as to exceed the maximum lot coverage percentage or the maximum building height for the district in which the building or structure is located.
B. No building or other structure shall hereafter be erected, altered or enlarged unless the minimum setbacks and side and rear yards specified for the district in which such building, structure or use of land is located are maintained. All additions to principal buildings (for example, attached garages) shall comply with the setback and yard requirements for the principal building. The building bulk limitations applicable in each zoning district are set out in each chapter of this title. (1979 Code § 5-3-5)
10-3-6: SIGNS:
No sign shall hereafter be erected, altered or enlarged unless it complies with the regulations and restrictions imposed on the use and maintenance of signs in the zoning district in which the sign is, or will be, located. The sign regulations applicable in each zoning district are provided for in chapter 11 of this title. (1979 Code § 5-3-6)
10-3-7: OFF-STREET PARKING AND LOADING:
No building or other structure shall hereafter be erected, altered or enlarged, nor shall any use of land be established or enlarged, unless the minimum off-street parking and loading spaces required by chapter 12 of this title are provided. (1979 Code § 5-3-7)
10-3-8: NUMBER OF BUILDINGS ON A LOT:
Not more than one (1) principal detached residential building shall be located on a zoning lot. A principal detached residential building shall not be located on the same lot with any other principal building. (1979 Code § 5-3-8)
10-3-9: ACCESSORY BUILDINGS:
No accessory building or structure shall be constructed and occupied on any lot prior to the time of completion of the construction of the principal building to which it is accessory. (1979 Code § 5-3-9)
10-3-10: DRIVEWAYS FOR BUSINESS AND INDUSTRIAL DISTRICTS:
No land which is located in a residence district shall be used for a driveway, walkway or access to any land which is located in a business or industrial district. (1979 Code § 5-3-10)
10-3-11: VISION CLEARANCE; CORNER LOTS:
No building, structure or fence hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
A. In any residential or commercial district exceeding a height of three and one-half feet (31/2') above the lot grade within twenty five feet (25') of the intersecting street lines bordering corner lots;
B. In any industrial district within twelve feet (12') of the intersecting street lines bordering a corner lot, provided this regulation shall not apply to any part of the building above the first floor. (1979 Code § 5-3-11)
10-3-12: CONDITIONAL USES:
The following uses of land or structures, or both, may be permitted within any district subject to review by the Plan Commission and final approval by the Village Board:
Cemeteries, churches, golf courses, hospitals, Municipal buildings, nursery schools, daycare centers, day nurseries, public parking areas, police stations, public administration buildings, public or private parks or playgrounds, public utility facilities, radio and television antennas or towers, educational institutions and public open space.
Additionally, the following use of land may be permitted for a maximum term of five (5) years within General Residence Districts (R-1) and Multi-Family Districts (R-2): limited agricultural use for row crops only on a single parcel of at least ten (10) acres. No structures shall be permitted in connection with such limited agricultural use. (Ord. 04-02-16, 4-26-2016)
10-3-13: HEIGHT EXEMPTIONS:
Churches, semipublic buildings, colleges, hospitals, clinics, schools and sanitariums may exceed the height restrictions of the district in which said building is located, provided such structure shall have side yards on both sides complying with the area district regulations of that district and, in addition, the side yard shall be increased one foot (1') in width for each foot the building exceeds the height restrictions of that district. (1979 Code § 5-3-13)
10-3-14: AREA RESTRICTION; FRONT YARD:
In computing the depth of a front yard requirement in the R-1 or R-2 District where that portion of the district is partially occupied by the permanent dwellings, three (3) or more in number, and the average established depth of the front yard of the buildings fronting on a street between the closest two (2) cross streets exceeds the front yard requirements under this title, the depth of the front yard of future buildings fronting on said street as required hereunder shall be increased to conform with such average, which setback need not, in any instance, exceed thirty five feet (35'). If the average established depth of the front yards as described above is less than that required under this title, the depth of the front yard may be decreased to conform with such average, but in no case shall it be less than ten feet (10').
No existing building shall be altered, enlarged or otherwise changed to reduce or decrease the depth of the front yard to less than the requirements of this or any other part of this title. (1979 Code § 5-3-14)
10-3-15: YARD REQUIREMENT:
Every part of the required yard shall be open from its lowest level to the sky unobstructed. (1979 Code § 5-3-15)
10-3-16: FENCES:
A. Building Permit: A building permit is required for all fences to be constructed within the Village, regardless of the zoning district where the fence shall be located. No fence shall be constructed without first obtaining a building permit. No building permit shall be issued if the proposed fence creates an obstruction to the vision of drivers of motor vehicles. Prior to issuance of the building permit, the owner shall locate all property pins to insure accurate location of the fence. The owner or contractor shall call J.U.L.I.E. prior to the commencement of any work. The building permit fee shall be twice the standard fee in the event work is commenced prior to issuance of a building permit.
B. Solid Structure Fences: Solid structure fences are prohibited in the front yard in any zoning district. A solid structure fence is described as a nonpermeable fence which as a result of its construction creates a significant obstruction of vision.
C. Location Of Fence Posts: Any "solid structure fence" as defined in subsection B of this section shall be constructed with the fence posts placed on the inside of the fence or built into the fence. Under no circumstances shall the fence posts be on the outside of a solid structure fence.
D. Height Restrictions: No fence in any front yard shall exceed the height of four feet (4'). No fence in a side yard or a back yard shall exceed the height of six feet six inches (6'6").
E. Acceptable Fence Types and Materials: Any commercially made or fabricated residential wooden, vinyl, PVC or other types of industry standard residential fence panels, standard chain link fences, and fences constructed of residential standard wood fence boards, posts and rails may be utilized. Farm-type woven wire, chicken wire and other similar light weight wire fence materials may not be utilized. Metal ag-type posts may not be utilized in residential zoning districts. Top rails are required on all chain link fences. (1979 Code § 5-3-16; amd. Ord. 06-02-19, 6- -2019)