This title shall be known, cited and referred to as the MT. PULASKI, ILLINOIS, ZONING ORDINANCE. (Ord., 8-24-1974)

This title is adopted for the following purposes:

   A.   To promote and protect the public health, safety, morals, comfort and general welfare of the people;

   B.   To divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residential, business and other specified uses;

   C.   To protect the character and the stability of the residential, business and manufacturing areas within the city, and to promote the orderly and beneficial development of such areas;

   D.   To provide adequate light, air, privacy and convenience of access to property;

   E.   To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, and to protect the public health;

   F.   To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;

   G.   To fix reasonable standards to which buildings or structures shall conform;

   H.   To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts;

   I.   To prevent additions to or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder:

      1.   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off street parking of motor vehicles and the loading of commercial vehicles;

      2.   To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

      3.   To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate, in each district by regulating the use and bulk of buildings in relation to the land surrounding them;

      4.   To conserve the taxable value of land and buildings throughout the city;

      5.   To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and

      6.   To define and limit the powers and duties of the administrative officers and bodies as provided herein. (Ord., 8-24-1974)

It shall be the intent of this title to divide the city into districts for the purpose of classifying, regulating and restricting the location of trades, industries and commercial enterprises, and the location of buildings arranged, intended and designed for specified uses; of regulating and limiting the height and bulk of buildings hereafter erected; of classifying, regulating and determining the area of front, rear and side yards, courts and other open spaces about buildings; and of regulating and limiting the intensity of the use of land and lot areas within the city. (Ord., 8-24-1974)

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

   B.   This title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive (or impose higher standards or requirements), then the provisions of this title shall govern. (Ord., 8-24-1974)

In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. (Ord., 8-24-1974)

If any section, clause, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby. (Ord., 8-24-1974)

The jurisdiction of this title shall include all lands and waters within the corporate limits of the city, and all land and waters in sections 10, 11, 12, 13, 14, 15, 22, 23, 24 of the northeast quarter of section 27, the northern half of section 26, and the northwest quarter of section 25 of the township of Mt. Pulaski, Logan County, Illinois. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this title, which are applicable to the zoning districts in which such buildings, uses or land shall be located. (Ord., 12-23-1975)

   A.   Only those principal and accessory uses specified for a district shall be permitted in that district.

   B.   Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction.

   C.   Conditional uses and their accessory uses are permitted in districts as specified, but only according to the conditional use procedure in chapter 12 of this title.

   D.   In case of uncertainty where the zoning enforcement officer is unable to determine literally whether a use is permitted as a principal or accessory use, he shall consult the board of zoning appeals 1 for an original interpretation.

   E.   Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted while sales or construction is in progress. (Ord., 8-24-1974)

   A.   All lots shall abut upon a public thoroughfare with at least thirty feet (30') of frontage unless a variance or planned development project is approved.

   B.   Only one principal structure shall be located, erected or moved onto any lot or parcel of land.

   C.   No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width, and located on that side thereof for which the required dedication has not been secured.

   D.   No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this title. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

   E.   Any lot in a single ownership, which ownership was of record at the effective date hereof, that does not meet the requirements of this title for yards, courts or other area of open space may be utilized for single residence purposes; provided, the requirements for such yard or court area, width, depth or open space is within seventy five percent (75%) of that required by the terms of this title. The purpose of this subsection is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (Ord., 8-24-1974)

   F.   No wall, fence or hedge more than four feet (4') in height shall be permitted in the front yard or side yard abutting a public street. Every wall, fence or hedge shall be constructed or planted in such a manner that it can be maintained by the owner or owners without trespassing on the abutting property. Every wall, fence or hedge shall be set back not less than eighteen inches (18") from the abutting property line. The decorative side of the fence shall be facing toward the abutting neighbor's property. (Ord., 11-14-1989)

   G.   No wall, fence or hedge which would obstruct motor vehicle visibility of traffic approaching the corner or intersection shall be erected, placed or maintained within a triangular area formed by the intersecting lot lines nearest the street intersection and a straight line joining said lot lines at points which are thirty feet (30') distant from the point of intersecting lot lines 1 .

   H.   The space in any minimum required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, eaves, roof overhangs and other architectural features of residential properties; provided, however, that such features do not project closer than three feet (3') from the side lot lines. (Ord., 8-24-1974)

   I.   Any accessory building shall be at least five feet (5') from the side lot line and five feet (5') from the rear lot line; provided, however, where the accessory building is a private garage used to store one or more passenger motor vehicles or trucks of three-fourths (3/4) ton or less, access to which garage is by a public alley only, then the private garage shall be at least twenty feet (20') from the rear lot line. (Ord., 3-27-1990)

   J.   All overhanging canopies, marquees, awnings and similar structures must be at least eight feet (8') above a sidewalk at any point, and overhanging signs must be a minimum of ten feet (10') above the sidewalk at any point. Such structures cannot project nearer than one foot (1') from any driveway 2 . (Ord., 8-24-1974; amd. 1977 Code)

   K.   The minimum setback from any portion of a lot bordering a public street shall be the same as the required front setback for that district. (Ord., 8-24-1974)

   L.   No satellite receiver dish antennas or microwave receiver dish antennas shall be permitted in the front yard or side yard abutting a public street, or be erected, placed or maintained in a manner that would obstruct motor vehicle visibility of traffic approaching the corner or intersection within a triangular area formed by the intersecting lot lines nearest the street intersection and a straight line joining said lot lines at points which are thirty feet (30') distant from the point of intersecting lot lines 3 . (Ord., 12-13-1988)