[Adopted 1-5-1976 by L.L.
No. 1-1976 (Ch. 154, Art. III, of the 1976 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any sign, including street or sidewalk sign, except a sign
which is securely fastened with the back of its display area flush
with and parallel to the wall of the building to which it is attached
and which does not extend more than four inches outward from such
wall; show or display case; window box; canopy; marquee; awning; wire;
cellar entrance; coalhole; manhole; oil vent or intake; sprinkler
shutoff; street or sidewalk vault; sidewalk elevator; bicycle rack;
stand; container; urn; receptacle; newspaper stand; vending machine;
articles and/or merchandise of any kind or nature, including items
on exhibit or sale; hoistway openings; scaffolding or other device
used in the erection, painting, repair or demolition of any building;
and any structure or opening or device similar or dissimilar to those
before mentioned which shall extend under, upon, into or over a public
street or sidewalk or shall extend under, upon, into or over that
portion of private property used as a public street or sidewalk in
the Village of Monticello, but not including any wire, pole, cable
or pipe erected, constructed or maintained by any public utility company.
One or more natural persons, partnerships, associations,
societies, corporations or joint-stock companies, but not including
the Village of Monticello or its servants, agents, employees or officers
while acting in the performance of their duties as such.
On and after the first day of January next following the enactment
of this article:
A.
No person shall place, erect, construct or maintain, or permit to
be placed, erected, constructed or maintained, on any property owned
or leased by him, any obstruction or encroachment which shall extend
under, upon, into or over any public street or sidewalk or any portion
of private property used as a public street or sidewalk.
B.
No person shall place, erect, construct or maintain any obstruction
or encroachment under, upon, into or over any public street or sidewalk
or any private property used as a public street or sidewalk without
annually, on or before the first day of January, obtaining a permit
therefor as hereinafter provided.
A.
No obstruction or encroachment shall be permitted unless the placement,
construction or erection thereof shall comply with safe and existing
methods of placement, construction or erection and not endanger the
users of the public streets or sidewalks of the Village, and no persons
shall place any vending machine outside of a building anywhere in
the Village.
B.
No sign or other structure over the sidewalk, except movable awnings,
shall extend more than 10 feet from the building or beyond a point
nearer than five feet of a line perpendicular to the outside curbline,
whichever is less.
C.
The frames and supports of all movable awnings shall be securely
attached to the walls of buildings, and the lowermost point of the
frame or support shall not be less than seven feet six inches above
the sidewalk, and the lowest part of the curtain scallop or valance
shall be at a height of not less than seven feet above the sidewalk
when such awning is extended.
Permits for obstructions or encroachments hereafter to be constructed
or placed shall be conditioned upon the filing in the office of the
Village Clerk of a certificate by the person constructing or placing
the same that such obstruction or encroachment has been constructed
or placed in accordance with the plans and specifications filed with
the application for such permit and in accord with all conditions
contained in said permit, which certificate shall be so filed within
10 days of the completion of construction or placement of such obstruction
or encroachment.
Applications for such permits shall be made in duplicate to
the Village Clerk on a form provided by the Village and shall specify
the name of the person making the application, the location by street
and number of the property in connection with which the permit is
requested and a description of the particular obstruction or encroachment
for which the permit is requested, together with such other information
as the Board of Trustees shall from time to time require. Applications
for permits for obstructions or encroachments not in existence at
the time of such application shall be accompanied by plans and specifications.
Permits may be granted by the Board of Trustees for a period
of one year from January 1 of each year until December 31 following
the granting of such permit. Upon the granting of such permit, there
shall be delivered to the applicant a printed permit containing the
information set forth in the application and such conditions, additional
to the conditions herein set forth, with respect thereto as may be
imposed by the Board of Trustees. Additional obstructions or encroachments
may be placed, constructed and maintained upon the same premises after
an endorsement upon the permit by the Village Clerk of permission
for such additional obstructions or encroachments. Separate permits
shall be required for each separately numbered street property and
for obstructions or encroachments erected and maintained by a lessee
or occupant as distinguished from an obstruction or encroachment erected
and maintained by an owner of property.
Permits may be transferred from one person to another with the
approval of the Village Clerk and by his endorsement thereon.
Permits may be renewed for each year upon application to the
Village Clerk for renewal.
The holder of any permit shall grant to the Building Inspector,
his authorized agent or any other officer or employee of the Village
of Monticello access to the property for which a permit is granted,
at any reasonable hour, for purposes of inspection.
Permits shall be subject to revocation at any time at the pleasure
of the Board of Trustees. Each permit shall be granted, whether or
not set forth herein, upon the condition that the person to whom it
is granted shall remove any such obstruction or encroachment upon
the revocation of the permit within five days from the date of mailing
of notice of such revocation to the person to whom the permit was
granted, at the address given in the application therefor. If the
obstruction or encroachment shall not be removed, the same may be
removed by the Village of Monticello and the expense thereof charged
to and paid by the person to whom such permit was granted, denied,
renewed or not renewed or granted, with or without conditions, and
such conditions may be altered, revoked or amended as the Board of
Trustees may from time to time determine.
The permit required by this article shall be in addition to
any permit required by any other local law or ordinance of the Village
of Monticello.
No fee shall be charged for the permit required by this article,
but the Village may at any time by amending this article impose a
fee for both newly issued permits and renewals of existing permits,
such fee to begin with the year next following the imposition of such
fee.
[Added 6-21-1999 by L.L.
No. 5-1999]
The provisions of this article shall not be construed to supersede
regulations governing the right-of-way of state roads.
