A. 
Establishment of new uses. The use of a structure or tract of land established after the effective date of this chapter shall be for a use which is herein specified as a permitted or a conditional use in the district regulations applicable to the district in which such structure or land is located.
B. 
Existing building permits and existing uses.[1]
(1) 
Where a building permit for a structure has been issued in accordance with law, prior to the effective date of this chapter or any subsequent amendment hereto, and where construction has been begun within six months of such effective date and is being prosecuted to completion, said structure may be completed in accordance with the approved plans, and, further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated.
(2) 
Where the uses of a structure or parcel of land existing at the time of the adoption of this chapter is rendered nonconforming under the provisions of this chapter, the provisions of Article IX shall apply to each case.
(3) 
Where a structure and the use thereof or use of land lawfully exists on the effective date of this chapter or any subsequent amendment thereto, and is classified by this chapter as a conditional use in the district where it is located, such use shall be considered a lawful conditional use. A conditional use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal conditional use.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Lot areas, lot widths, building heights, yard widths, yard depths, setbacks, lot square footage requirements, "(1) be not more than one story or 15 feet in height, whichever is lower; (2) cover not more than 30% of the area of the rear yard; and (3) be located not less than five feet from the nearest lot line" need not be met if the following occurs:[1]
(1) 
The property owner requesting a usage involving one of the aforementioned categories that does not strictly comply with the minimums of the zoning classification may request the Building Inspector of the City of Mendota to permit said usage if said property owner has secured the written consent of all adjoining property owners that could be adversely affected by said usage.
(2) 
The Building Inspector shall make a visual inspection of the premises to determine if any property owners are adversely affected by the usage.
(3) 
The property owner shall submit to the Building Inspector a signed written consent of all affected property owners adjacent to said property authorizing and consenting to the usage.
(4) 
If the Building Inspector determines that no one would be adversely affected, he may grant the property owner's request, which shall be submitted to the City Council at its next regular meeting for approval.
(5) 
The above procedures shall not constitute a variance from the Zoning Ordinance but shall constitute an alternative procedure thereunder for expediting procedures under the Act where no property owners are adversely affected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Establishment of new structures. New structures shall conform with the bulk regulations established herein for the district in which each such structure is located.
C. 
Existing structures. Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structures are located.
D. 
Existing residential lots of record. A lot of record at the time of the adoption of this chapter in a residence district which is unable to meet the requirements of this chapter as to area, lot width, and yard requirements may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this chapter.
E. 
Building height.
(1) 
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the structure is located, except that penthouses for roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the structure, and fire or parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, electric and telephone service poles, water tanks, silos, storage hoppers, elevators or similar structures may be erected above the height herein prescribed.
(2) 
The grade from which building height is measured shall be the existing or established grade at the building setback line midway between the two side lot lines, except that where the buildable area has an average slope of 10% or more between any two corners, the Building Inspector shall establish the grade from which the building height is measured.
F. 
Minimum lot area for two or more uses on a lot. Where two or more permitted or conditional uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.
G. 
Lots without street frontage. Every structure or group of structures and every use or group of uses shall be located upon a lot. Where unique land planning designs are employed in a subdivision or planned development to conserve the natural character of the land or to create a functional or compatible arrangement of structures or uses, a lot which does not abut upon a public or private street may be permitted, provided that:
(1) 
Adequate provision is made for free access to the lot for the property owner or, in the case of a nonresidential lot, for those persons who would normally require access to the lot.
(2) 
Adequate provision is made for the unobstructed access of fire-fighting services, police protection, mail-carrier letter service, rubbish collection and other governmental services.
(3) 
Adequate provision is made for the extension and maintenance of public and private utility services.
(4) 
The arrangement will not contribute toward congestion in nearby streets as a result of delivery services, lack of guest parking or other reasons.
(5) 
The character of proposed structures and landscaping is of a quality which will minimize maintenance.
A. 
Required yards. Yards and other open spaces as required by this chapter shall be located on the same lot as the principal structure or use, and shall have not less than the minimum width, depth, or area as herein required for the district in which such structure or use is located, except as otherwise provided for setbacks and for planned developments.
B. 
Through lots. On vacant through lots, the front line shall be along the street right-of-way designated by the Building Inspector, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as are herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.
C. 
Corner lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along a street right-of-way line.
D. 
Transfer of requirements. No legally required yards, open space or lot area for any structure or use shall be used to satisfy yards, open space, or lot area requirements for any other structure or use.
E. 
Existing yards. No yards allocated to a structure or use existing on the effective date of this chapter shall be subsequently reduced or further reduced below the yard requirements of this chapter, except a yard adjoining a street may be reduced in depth in the event the right-of-way width of such street is subsequently increased.
A. 
Required setbacks. Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way lines designated on the Official Map of the City, and as duly established by other ordinances of the City or as established by county or state highway authorities, whichever has the greater right-of-way width requirements.
B. 
Established setbacks. When 40% or more of the lots fronting one side of a street within a block have established building setbacks, of a depth other than herein required for a front yard in the district in which the lot is located and where the contiguous street or thoroughfare is not designated on the Official Map for right-of-way widening, the setback for each remaining lot along such street frontage shall be as follows:
(1) 
Interior lots. The depth of the setback on any lot shall be the average of the setback already established on the two lots located on each side of such lot, and if no setback is established on one of the adjacent lots, the required front yard depth for that lot shall be used in calculating the average setback of the two adjacent lots.
(2) 
Corner lots. The depth of the setback lines shall be as herein required for front yards or side yards adjoining streets in the district where the lots are located.
A. 
Establishment of accessory uses. Accessory structures and uses are allowed in the various districts as prescribed in each district. Accessory structures and uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock, or other non-household animals, whether or not for profit, except on such lots where the pursuit of agriculture is a conditional, principal or accessory use.
B. 
Spacing. A detached accessory structure shall not be nearer than 10 feet to the nearest wall of the principal buildings, and for each foot over 10 feet in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.
C. 
Accessory structures in yards.
(1) 
Detached accessory structures in a rear yard shall:
(a) 
Be not more than one story or 15 feet in height, whichever is lower;
(b) 
Cover not more than 30% of the area of the rear yard; and
(c) 
Be located not less than five feet from the nearest lot line.
(2) 
A detached or attached accessory structure shall be located within the buildable area of a lot, except the following accessory structures and uses are permitted and may be obstructions in yards and courts as follows:[1]
F
-
Denotes front yards and side yards adjoining streets
S
-
Denotes interior side yards
R
-
Denotes rear yards
Permitted Location
(1)
Awnings or canopies
F
S
R
(2)
Arbors or trellises
F
S
R
(3)
Air-conditioning equipment shelters
R
(4)
Balconies
R
(5)
Bay windows projecting not more than three feet into a yard
F
S
R.
(6)
Chimneys, attached, projecting not more than two feet into a yard
F
S
R
(7)
Eaves and gutters projecting not more than four feet into a front and rear yard and not more than two feet into a side yard
F
S
R
(8)
Fences: rear and side yard fences not more than six feet in height in residence districts unless otherwise specified. If a fence is to be built, a building permit shall be issued. Fences shall be allowed to be constructed on the lot line with the decorative surface facing outward. If the lot line cannot be determined, the owner must pay for a survey. Fences will be allowed in the front yard with a height maximum of four feet and must be considered an "open" fence. Front yard fences must be located at least 18 inches from an existing sidewalk or, if no sidewalk exists, 18 inches from the right-of-way line as determined by the Building Inspector. No chain-link fences shall be allowed in front yards.
[Amended by Ord. No. 10-04-10A]
S
R
(9)
Fire escapes, open or enclosed, projected into a front yard or side yard adjoining a street not more than five feet, and into an interior side yard not more than three feet
F
S
R
(10)
Flagpoles
F
S
R
(11)
Garages or carports, attached or detached
S
R
(12)
Growing of garden crops in the open
S
R
(13)
Lawn furniture, such as benches, sun dials, bird baths and similar structures
F
S
R
(14)
Playground and laundry-drying equipment
S
R
(15)
Playhouses and open-sided summer houses
R
(16)
Sheds and storage buildings for garden equipment and household items
[Amended 10-20-1986]
S
R
(17)
Signs, nameplates and light standards
F
S
R
(18)
Sills, belt courses, cornices, and ornamental features of the principal building, projecting not more than 18 inches
F
S
R
(19)
Steps, open, necessary for access to and from the dwelling or an accessory building, provided there are no more than eight steps for access to and from a principal or accessory building
F
S
R
(20)
Swimming pools, private
R
(21)
Terraces, patios and outdoor fireplaces
F
S
R
(22)
Tennis courts, private
S
R
(23)
Trees, shrubs, and other plants
F
S
R
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Snow fences, to be permitted through the season beginning November 1 through March 31, provided that all conditions and regulations relating to fences and other accessory structures are met.[2]
[2]
Editor's Note: Original Subsection 4, regarding fences not more than six feet in height, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
On corner lots within that part of a yard located within a radius of 25 feet from the point of intersection of the two street right-of-way lines forming the lot corner, no structures or shrubs as herein permitted as obstructions in front yards or side yards adjoining a street shall be erected, altered, or planted which have a height more than 30 inches above the ground grade in this area, and trees shall not have branches lower than eight feet above the ground grade elevation in this area.
In any residence district, every single-family detached dwelling and accessory structure hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one such principal building on one lot, except as may be otherwise permitted in this chapter.
No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless all lots resulting from each such subdivision shall have lot areas and widths as required by this chapter.
A. 
Mobile homes, travel trailers and camping trailers. Mobile homes shall not be permanently affixed to the ground as a principal or accessory structure on a lot in any district except when located in an approved mobile home subdivision or in a planned development. Mobile homes, travel trailers, or camping trailers shall not be occupied for dwelling purposes except in lawfully established mobile home parks or trailer parks or as permitted by Chapter 282, Trailers and Trailer Parks, § 282-18, of the City Code. Mobile homes or travel trailers shall not be parked or stored on any lot other than in a lawfully established mobile home park, trailer park, or trailer sales or manufacturing establishment. In a mobile home park, one travel trailer may be stored within an enclosed structure on a lot. No more than one camping trailer may be parked or stored in the open or within an enclosed structure on a lot in a residence district, and only when it is not located within a front or side yard.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Temporary parking. Temporary parking and use of trailers shall be permitted when a permit has been issued by the Building Inspector for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots as the building development.
C. 
Tents. Tents shall not be erected, used, or maintained on any lot, except such small tents as are customarily used for recreation purposes and located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted when a permit has been issued by the Building Inspector in accordance with provisions herein set forth in Article IX.
D. 
Boats. Boats may be parked or stored in the open when in operation of a lawfully established principal use, and one boat which is not equipped with an enclosed cabin area and not more than 20 feet in length may be stored or parked on a lot containing a dwelling, provided that it shall be located within the buildable area or in a rear yard and no major repair, disassembly, or rebuilding operations are conducted thereon.
E. 
A portable on-demand storage structure may be utilized as a temporary structure within the City when in compliance with the standards of this subsection. Any use of such structures within the City not in compliance with this subsection shall be unlawful.
[Added by Ord. No. 08-18-08B]
(1) 
A portable on-demand storage structure may be located as a temporary structure on property within the City for a period not exceeding 30 days in duration from time of delivery to time of removal. The property owner must call or otherwise notify the Building Inspector of the date of the placement of said portable on-demand storage structure. No more than one portable on-demand storage structure may be located on a specific piece of property within the City at one time; said structure shall conform to building setback restrictions and shall not be placed in the front yard without a Council-approved zoning variance. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.
(2) 
The property owner may apply to the City for permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the City Clerk's office and shall give sufficient information to determine whether such extended duration should be granted. The Council shall determine whether or not to grant such extended duration and the length of such extension. Application for such an extension shall be made at least seven days prior to the termination of the thirty-day period from the time the structure was placed on the property.
(3) 
Any portable on-demand storage structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the City immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk.
A. 
A lot, that was not a lot on record on the effective date of this chapter, which is to be used for a single-family detached dwelling served with an individual sewage disposal system shall have an area of not less than that required by the county and state and a width of not less than 150 feet or a greater area or width if required to conform with regulations contained in Subsection B below.
B. 
Installation of individual sewage disposal systems and private wells or community sewerage and water systems shall be in accordance with standards and specifications set forth in applicable laws of the county, state, and the City.
C. 
All buildings with water supply and/or sewer disposal shall be served with public or community water systems and/or sewerage systems as outlined in Chapter 245, Sewer Use, Article III, of the City Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any development in a floodplain area must conform with the requirements of Chapter 166, Flood Damage Prevention, of the City Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The regulations of this chapter shall not be exercised so as to:
A. 
Deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of enactment of this chapter or subsequent amendments thereto.
B. 
Impose regulations or require permits (except as herein outlined) with respect to land used or to be used for agricultural purposes or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings used or to be used for such agricultural purpose upon such land, except that such building for agricultural purposes may be required to conform to building or setback lines.
C. 
Specify or regulate the type or location of any poles, towers, wires, cables, conduits, vaults, laterals or any other similar distributing equipment of a public utility as defined in An Act Concerning Public Utilities enacted by the General Assembly of the State of Illinois (220 ILCS 5/1-101 et seq.).
[Added by Ord. No. 11-19-12]
A. 
General. The provisions of this section shall govern the design, construction, location, alteration and maintenance of signs.
B. 
Purpose and intent; definitions.
(1) 
It is the purpose of this section to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the City in order to promote public safety, health and general welfare of the community. The regulations are specifically designed to:
(a) 
Provide for uniform regulation and orderly development of signs.
(b) 
Prohibit hazardous and dangerous signs.
(c) 
Encourage, as a means of communication in the City of Mendota, the employment of signs which are:
[1] 
Compatible with their surroundings.
[2] 
Appropriate to the type of activity to which they pertain.
[3] 
Expressive of the identity of individual proprietors.
[4] 
Legible in the circumstances in which they are seen.
[5] 
Respectful of the reasonable rights of other sign owners.
(d) 
Preserve, protect and promote the public health, safety and welfare.
(e) 
Improve pedestrian and traffic safety.
(f) 
Maintain and enhance community appearance and the City's ability to attract sources of economic development by promoting the reasonable, orderly and effective display of signs.
(g) 
Minimize the possible adverse effect of signs on nearby public and private property.
(h) 
Preserve the value of private property by assuring the compatibility of signs with surrounding land uses.
(2) 
Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meanings indicated when used in this section:
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict display changes at any interval less than four seconds.
AREA OF SIGN
The area within a continuous perimeter enclosing the extreme limits of writing, representation, emblem, logo or any figure or similar character, together with any material or color forming an integral part of the display or used to differentiate this sign from the background against which it is placed, excluding the necessary supports, canopy, or uprights on which this sign is placed. For computing the area of any sign which consists of individual letters or separate graphic elements, the area shall be the smallest area that will enclose all letters and ornamental features.
AREA OF SIGN, POLE, PYLON, GROUND, MONUMENT
The total area of all structural elements of the largest side, excluding supporting poles, pylons or columns.
AREA OF WALL SIGN
The area of the smallest single continuous perimeter that encompasses the extreme limits of letters, logos, or similar graphics and any background or color used to differentiate the sign from the supporting surface (wall, canopy, awning) on which it is placed.
ATTENTION-GETTING DEVICE
Any temporary or permanent device other than signs, official flags or banners that is used for the purposes of marketing, advertising, business identification and/or decoration. These include but are not limited to balloons, inflatable "stick men," strings or pennants or lights, vehicle-mounted antenna pennants and spotlights.
BANNER SIGN
Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags shall not be considered banners.
BILLBOARD
An off-premises sign that consists of advertising space.
CHANGEABLE COPY
Any sign or portion thereof designed or used in such a manner that characters, letters and/or symbols can be manually or electronically changed or rearranged not more than once every four seconds without altering the surface of the sign.
CONSTRUCTION SIGN
A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institutions of the project.
DIRECTIONAL SIGN
Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic. For purposes of the regulations in this section, standard traffic signs (such as stop signs or signs designating handicapped accessible parking spaces as required by the Americans with Disabilities Act) do not constitute directional signs. Menu board signs as defined in this section are not directional signs.
FACADE
The front or main part of the building facing a street or parking lot.
FLAG
Any fabric or bunting containing distinctive colors, patterns or symbols used as a symbol of a government, political subdivision or other entity.
FLASHING SIGN
Any sign, the illumination of which is not kept constant in intensity at all times when in use, or which exhibits sudden or marked changes in lighting effects at intervals of less than one second in duration. A changeable copy sign, as defined in this section, is not considered a flashing sign.
FREESTANDING SIGN
A sign that is attached to, erected on, or supported by some structure, such as a pole, mast, base or frame, that is an integral part of the sign. It is not attached to a building or other structure whose principal function is something other than the support of a sign.
FRONTAGE, BUILDING
For a building, any side of the building that faces a street and is not separated from the public street by an alley or property under different ownership.
FRONTAGE, STREET
For a tract of land or lot, the property line along a public street. Corner lots will have more than one frontage.
GROUND OR MONUMENT SIGN
Any freestanding sign not supported by visible posts, poles, pylons, uprights, braces, standards or other supports designed to raise the sign face above the ground, where the sign is permanently attached to the ground with a base that has a width and length that are at least as large as the bottom edge of the sign face. The base and supporting structure of all ground signs shall be constructed of metal, concrete, brick, stone, split-face masonry block or some other material of similar quality, as determined by the Building Inspector.
HEIGHT OF SIGN
The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb (other than an elevated roadway) to the highest point of the sign.
INSTITUTION
Nonprofit use, such as a religious institution, library, school, public or private hospital, or government-owned or government-operated structure or land used for public purpose.
INTERNALLY ILLUMINATED SIGN
A sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.
MENU BOARD SIGN
A sign associated with a drive-through facility, where customers typically stop to decide upon the services or items they will purchase. Such a sign may or may not include a speaker for communication between drivers and employees. A freestanding speaker without any copy on the structure is not considered a sign.
OFF-PREMISES SIGN
A sign which advertises goods or services not available on the site upon which the sign is located.
ON-PREMISES SIGN
A sign which advertises goods or services available on the site upon which the sign is located.
POLE/PYLON SIGN
Any freestanding sign supported by one or more visible poles or pylons, which extend from the ground.
PORTABLE SIGN
A sign that is designed to be easily moved and not permanently attached to a building. Any fabricated sign or outdoor display, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, strike, stripe, line, trademark, reading matter or illuminating device, which is constructed, attached, erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise and displayed in any manner visible out of doors for recognized advertising purposes, including the sign face and trim but not supports.
PROJECTING SIGN
A display sign that is attached directly to the building wall, either perpendicular to or parallel with the building, which extends no more than 15 inches from the wall.[1]
PYLON
A column or columns used singly or in combination to structurally support a freestanding sign that is substantially wider than a pole, and which consists of a pole that has been "boxed in" or completely concealed by metal, aluminum, masonry, stone or other structure, permanent material, or a masonry or stone column.
REGULATORY AND GOVERNMENTAL SIGNAGE
A sign erected by a governmental body or public utility, including legal notices, identification and informational signs and traffic and regulatory signs.
SIGN
Any fixture, placard or structure that is visible from any street, sidewalk or any public or private common open space and that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of, or identify a person or entity, or to communicate information of any kind to the public.
SIGN FACE
The entire area within a single continuous perimeter enclosing the extreme limits of a sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
SIGN PERMIT
A permit issued by the City Building Inspector that authorizes the recipient to erect, move, enlarge or substantially alter a sign.[2]
TEMPORARY SIGN
Any sign that is used only temporarily and not permanently mounted. This includes any sign constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time to advertise a particular event.
WALL SIGN
A sign that is painted on or attached directly to a building wall that does not extend more than 15 inches from the wall. Signage permanently affixed to or incorporated into the design of a building canopy or awning is also considered a wall sign.
WINDOW SIGN
A sign posted, painted, placed or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and located within three feet of the window is considered a window sign.
ZONING VARIANCE
A variance granted by the Zoning Board of Appeals.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The definition of "special permit," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Permitted signs. Only those signs specifically permitted in a specified zoning district shall be allowed.
D. 
Changeable copy/animated signage.
(1) 
The incorporation of changeable copy, in part or in whole, into the design of any sign within any residential zoning district is strictly prohibited, with the exception that nonelectronic changeable copy of the size limitations of signs permitted in a commercial district shall be allowed in a residential district if the use has been established by variance within a residential district.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The portion of a sign containing changeable copy or animated signage may be either separate from or incorporated into the housing of the principal sign face, but in all instances shall be permanently attached to the structural support(s) of the principal sign. All changeable copy or animated signage shall be included within the total permitted area of the sign.
E. 
Flags.
(1) 
Flags shall be displayed only on permanent flagpoles or staffs designed and constructed specifically and exclusively for flag display.
(2) 
A maximum of seven flagpoles per lot shall be permitted within nonresidential zoning districts.
(3) 
Flagpoles shall be set back a minimum of 10 feet from the property line.
(4) 
The height of a flagpole shall be in proportion to the scale of the building to which the pole relates, and in no case shall it be higher than 35 feet.
(5) 
Flags shall be displayed in such a manner that no portion of the flag shall project over any property line or contact any other structure when fully extended.
(6) 
Official flags shall be maintained in an orderly fashion and in clean and good condition. The official flag of the United States of America shall be displayed in accordance with the Flag Code, Title 4, United States Code, Chapter 1, as amended. All other official flags should be displayed in accordance with the same standards of respect and protocol.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Conservation-Recreation District. Nonflashing, illuminated or nonilluminated signs are permitted under the conditions specified:
(1) 
Nameplate and identification signs, subject to the following:
(a) 
Agricultural use, area and content. There shall be not more than one nameplate, not exceeding 10 square feet in area, for each principal farm dwelling indicating the name of the occupant and specialized agricultural activities; except, on a corner lot, two such nameplates for each dwelling unit shall be permitted, one facing each street. Signs required for crop identification during the growing season shall be permitted.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Nonagricultural use, area and content: a single identification sign, not exceeding 16 square feet in area. On a corner lot, two such signs, one facing each street, shall be permitted.
(c) 
Projection. No sign shall be nearer than 15 feet to a lot line adjoining a street.
(d) 
Height. No sign shall project higher than 15 feet above curb level or above grade at the near edge of the roadway pavement.
(2) 
"For Sale" and "To Rent" signs, subject to the following:
(a) 
Area and number. No sign shall exceed 12 square feet in area, and there shall be not more than one sign facing each street.
(b) 
Projection. No sign shall project beyond the property line.
(c) 
Height. No sign shall project higher than 15 feet above curb level or above grade at the near edge of the roadway pavement.
(3) 
Advertising signs, subject to the following: Advertising signs shall be permitted on tracts of land where the principal use is agriculture, provided such signs have no moving parts and shall also conform to other regulations set forth as follows and other City codes or ordinances and Illinois Statutes:
(a) 
One advertising sign shall be permitted on a tract of land having not less than 1,000 lineal feet of frontage on a county, state or federal highway, and one additional advertising sign shall be permitted for each additional 1,000 lineal feet of highway frontage, provided that not more than two sign structures are joined together and there is an interval of at least 1,000 feet between a single-sign or double-sign structure.
(b) 
Each advertising sign structure shall contain not more than two display surfaces and have a total length and height of not more than such dimension necessary to secure a standardized poster panel display surface 15 feet by 25 feet or a standardized painted bulletin display surface 15 feet by 55 feet. Such sign structure shall not project higher than 30 feet above average ground grade at the sign structure or above grade of the near edge of the roadway pavement at point directly opposite the sign structure, whichever is higher.
(c) 
Location of advertising signs shall be in accordance with the following:
[1] 
Not less than 50 feet from a property line; and
[2] 
Not less than 100 feet from a residence district boundary line.
G. 
Residential districts. Unless otherwise provided in the regulations of this chapter, the following provisions shall apply to residence districts:
(1) 
"For Sale" and "For Rent" signs appertaining to the sale or rental of property on which they are located shall be permitted in accordance with the following regulations: There shall be not more than one sign on a lot; except on a corner lot or through lot, one such sign facing each street shall be permitted. A sign shall not have more than nine square feet of area, and it shall be located not less than eight feet from the nearest lot line. Such a sign, when affixed to a building wall, shall not project higher than 10 feet above grade, and a ground sign shall not project higher than five feet above the ground elevation below it. Such a sign shall not be illuminated.
(2) 
Identification signs for nonresidential uses shall be permitted in accordance with the following regulations: One identification sign affixed flat against a building wall and one ground sign, which in both cases may be illuminated by nonflashing direct or indirect illumination arranged in such a manner that direct rays of light are not beamed onto adjoining lots and streets, shall be permitted, and on a corner lot or through lot, one sign shall be permitted facing each street. Each sign shall contain not more than eight square feet of area and:[6]
(a) 
When affixed to a building wall, it shall not project higher than 10 feet above grade at entrance doorways; and
(b) 
A ground sign shall not be located nearer than eight feet to the nearest interior lot line and not less than 1/2 the depth of the required yard from the nearest lot line adjoining a street and it shall not project higher than 10 feet above ground grade elevation at the sign. In no case shall it impair lines of sight for motor vehicles.
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
Temporary signs for unified housing developments are permitted in accordance with the following: In a unified housing development containing more than 10 dwelling units, initially under single ownership or control, one sign containing not more than 32 square feet of gross surface area may be erected along each street frontage of the development. Such signs:
(a) 
May be illuminated with nonflashing illumination, provided direct rays of light are not beamed onto adjacent lots or streets;
(b) 
Shall not project higher than 15 feet above grade;
(c) 
Shall not be located nearer than 15 feet to a property line, except they shall not be nearer than 50 feet to the lot corner formed by the intersection of any two street right-of way lines; and
(d) 
Shall be removed within three months after completion of construction of the development, or one year after the first dwelling unit is occupied, whichever is sooner.
H. 
Business districts. In the B-1, B-2 and B-3 Districts, the signs listed in this subsection are permitted.
(1) 
Billboards. Billboards are prohibited except by variance issued by the City Council upon the recommendation of the Building Inspector. A billboard shall not extend higher than 30 feet above the existing ground level and shall extend no closer than 25 feet to any street right-of-way line or property line.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Freestanding signs during construction: one nonilluminated sign per frontage, during construction of a building, not exceeding 32 square feet and located upon the property.
(3) 
Freestanding signs. A maximum of one freestanding sign is permitted per zoning lot having a minimum frontage of 50 feet, the primary purpose of which is business identification. Freestanding signs shall be located no closer than five feet to the street right-of-way line or property line and shall have no more than two sides which contain sign face. All freestanding signs may incorporate changeable copy into the general design of the sign, provided the portion of the sign used for changeable copy does not exceed 60% of the total area allowed for each sign face. All changeable copy shall be included within the total area of the principal sign. Freestanding ground/monument signs shall not exceed 10 feet in height and shall not exceed a maximum area of 75 square feet per sign face. Freestanding pole/pylon signs shall not exceed 25 feet in height and shall not exceed a maximum area of 50 square feet per sign face. The maximum sign face area for pole/pylon signs may be increased by no greater than 50% (a maximum of 75 square feet), provided the total sign face area of wall signs for the principal structure(s) is decreased by an equal proportion (i.e., if the total area of the sign face for a pole/pylon sign is increased by 50%, the total area of the wall sign must be decreased by 50%).[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Wall signs. Wall-mounted signs shall not extend above or to the side of the face of the building, shall not extend more than 15 inches from the building wall and shall have a maximum square footage of 1 1/2 square feet per lineal foot of building frontage. All wall signs may incorporate changeable copy into the general design of the sign, provided the portion of the sign used for changeable copy does not exceed 60% of the total area allowed for each sign face. All changeable copy shall be included within the total area of the principal sign. Buildings fronting two or more streets are allowed the permitted sign area per building frontage, but permitted changeable copy area cannot be transferred from one building frontage to another. Buildings in which both the front and rear of the structure are visible may not include signage along the rear facade unless the rear facade is bordered by a parking lot utilized by the customers of the building.[9]
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Projecting signs. Projecting signs shall not extend above the face of the building, shall extend no more than 15 inches from the face of the building and in no case extend over a public sidewalk or right-of-way, and shall have a maximum square footage of 1 1/2 square feet per lineal foot of building frontage. On a corner lot, the calculation of building frontage shall include all building facades which face a street. Exception: Downtown buildings located within the boundaries of the Mendota Historic Preservation District that currently have projecting signs may keep existing signs or replace existing signs with the same size and not project any further than existing signs. The Building Inspector may, at his discretion, allow a business to install a projecting sign in the MHP District if safety and structural issues are addressed and no other signage options are acceptable.
(6) 
Directional signs. Directional signs not exceeding eight square feet per face, and not exceeding five feet in height, are permitted. Traffic and parking regulation signs not exceeding eight square feet in area are permitted, and wall signs are preferred. Rear entrance signs of the wall type, not exceeding eight square feet, may be placed above or next to a rear entrance or loading dock.
(7) 
Window signs. The maximum surface area an interior window sign may cover is 32 square feet regardless of the cumulative window area of the building frontage, but shall not exceed 50% of the window surface in the event that 50% of the cumulative window area is less than 32 square feet. For example: a thirty-square-foot window may have 15 square feet of signage, and a one-hundred-square-foot window may have 32 square feet of signage. In addition, neon tubing or accent lighting used to outline the extreme outer edge of a window will be considered as window accent and not as the limit of window signage. A glass door sign is subject to the same regulation.[10]
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Temporary signs. Temporary signs may not be portable. A temporary sign may not exceed 25 square feet, with a combined total of no more than 50 square feet on any one zoning lot. Temporary signs must be keyed to a specific event and, except for holiday displays, which do not require a permit, shall not be erected sooner than two weeks before the event and must be removed no later than seven days after the event. No more than three temporary signs will be allowed on any zoning lot per calendar quarter. In addition, only one event per calendar quarter may incorporate an attention-getting device.
(9) 
Shopping center signs. Shopping centers, where two or more businesses are located upon a parcel of land of more than one acre and under one ownership or under multiple ownerships with a sign agreement, will be allowed to have the signs listed in this section. It is the responsibility of the shopping center owner to apportion the square footage among tenants.
(a) 
Business signs. A sign permitted under this Subsection H will be permitted in a shopping center. However, wall signs shall have a maximum square footage of two square feet per lineal foot of building frontage. On a corner lot, the calculation of building frontage shall include all building facades which face a street.
(b) 
Entrance signs. One shopping center entrance sign per frontage is permitted on each street from which the shopping center has access. Shopping center entrance signs are to be perpendicular to the roadway and set back a minimum of 25 feet from the property line. The maximum area of the sign is 50 square feet per face, with a maximum height of 25 feet.
(10) 
Gas station signs. In addition to signs normally allowed for a property in a business district, a gas station is permitted the following additional signage:
(a) 
Canopy signs. Canopy signs shall have a maximum square footage of 1 1/2 square feet per lineal foot of the canopy structure facing the street. On a corner lot, the calculation of canopy length shall include all sides which face a street.
(11) 
Drive-through signs. In addition to signs normally allowed for a property in a business district, an establishment with a drive-through facility is permitted the following additional signage:
(a) 
Menu boards. Up to two menu boards associated with a drive-through establishment are permitted. Menu boards shall not exceed 10 feet in height and 40 square feet in area.
I. 
Permits required for signs. Sign permits are required for all signs except residential wall signs, construction site signs, flags, home occupation signs, interior window/door signs, regulatory and governmental signs, holiday and celebration displays, residential freestanding signs, traffic and parking regulation signs.
J. 
Application for permit and fees.
(1) 
Application for a sign permit shall be made upon forms prescribed by the City Clerk and shall contain or have attached the following information:
(a) 
Name, address and telephone number of the applicant (owner of sign).
(b) 
Name and address of the owner of the property upon which the sign is to be located.
(c) 
Location of the building, structure or lot to which, or upon which, the sign or other advertising structure is to be attached or erected.
(d) 
Position of the sign or advertising structure in relation to adjacent property and to any buildings or structures located upon the property.
(e) 
Two drawings to scale of the plans and specifications and method of construction, attachment to the building or other structure or placement in the ground and color scheme of the sign.
(f) 
Name, address, telephone number of person or company intending to erect the sign.
(g) 
Other information which may be required to show full compliance with this or any chapter or information which the City Clerk determines would be helpful in processing the sign application.
(2) 
No permit shall be required for a change of sign face only.
K. 
Revocation of permit.
(1) 
Any permit issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after the time of commencing work or of obtaining the permit, if the application contained material misrepresentations of fact, or if the sign or structure was erected or reconstructed, altered or used in a manner not in compliance with the application or with this chapter.
(2) 
The City Building Inspector will notify the applicant of the basis for revocation and, if the deficiency is not corrected with 10 days after notification, the sign permit may be revoked by the City Building Inspector and the sign or structure authorized by the permit shall be removed promptly at the expense of the applicant.
L. 
Provisions applying to all signs.
(1) 
No sign may be located so it substantially interferes with the view of motorists, crossing intersections, entering onto or exiting from public streets, driveways or private roads. No sign or support shall be located within a sight-line setback which is a triangle created by points located on property lines 20 feet from an intersection.
(2) 
No sign may erected so that, by its location, size, shape, nature, or message, it tends to obstruct the view or be confused with official traffic signs or other signs erected by governmental agencies.
(3) 
All signs must be constructed, installed and maintained in accordance with the Building Code.[11]
[11]
Editor's Note: See Ch. 129, Building Construction, Art. I.
(4) 
No sign, together with all supports, braces, guys and anchors, shall be allowed to become unsafe, and paint shall not be allowed to peel or fade so that the sign becomes difficult to read.
(5) 
No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape.
(6) 
No sign shall be portable.
(7) 
Flashing signs are prohibited.
(8) 
In the event that a structure contains multiple roof elevations, no sign shall be mounted on the highest roof of any building but may be mounted on one of the lower roofs. This roof mounting will be allowed, provided that the entirety of the sign is placed between the lowest eave and two feet below the roof peak of the roof to which the sign is attached. If a roof-mounted sign is to be used, the size of the sign shall be included in the maximum allowable wall signage and its size shall not exceed that allowed for wall signage.
(9) 
No sign shall include an obscene message or depiction.
M. 
Illumination. Externally illuminated signs shall be shielded so that the lighting illuminates only the face of the sign and does not shine directly upon a public right-of-way or onto adjacent property. In addition, illumination may not extend skyward except in the case of temporary permitted signage.
N. 
Nonconforming signs.
(1) 
Legal nonconforming signs.
(a) 
Any sign located within the City on the date of adoption of this section, or of any subsequent amendment to this section, which does not conform to the provisions for permitted signs of this section is considered a legal conforming sign.
(b) 
Any sign which conforms to the provisions of this section at the time of construction that becomes nonconforming with respect to current street setback requirements due solely to a reduction of public street setback resulting from a street widening, and all parts of the sign are not on or over private property, shall be considered a legal conforming sign and exempt from the provisions of this section.
(c) 
Any sign permitted by a previously issued variance shall be considered as a conforming sign as long as the conditions of the variance are met. Failure to meet the requirements of the variance will result in revocation of the variance.[12]
[12]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Permissible maintenance and repair.
(a) 
A legal nonconforming sign must be maintained in a good and safe condition and in compliance with applicable construction building codes. If a legal nonconforming sign is not kept in proper repair in accordance with City building and other construction code requirements, the nonconforming sign will be subject to the applicable abandonment and removal provisions of Subsection O.
(b) 
Permissible maintenance and repair of a sign shall include replacement of damaged or worn parts of a sign structure or supporting structure necessary to maintain or restore the sign to its original state, provided the total cost of said repairs in any twelve-month period does not exceed 50% of the cost to replace the sign as a whole. If the existing sign is already illuminated, replacement of bulbs compatible with the fixtures and current regulations on the intensity and quality of light shall also be considered permissible maintenance and repair.
(3) 
Change of copy.
(a) 
A change of copy, as defined in this subsection, shall be permissible on legal nonconforming signs subject to any site plan or design requirements of this chapter and shall not be considered a replacement or repair as regulated in Subsection N(2)(b), nor shall it constitute a substantial modification as defined and regulated in Subsection N(4), Substantial modifications.
(b) 
For purposes of this section, a "change of copy" shall mean any change to a sign face that involves only changes to message, graphic, colors or sign face backing material that fits the existing sign structure.
(4) 
Substantial modifications. Substantial modification to a legal nonconforming sign shall not be allowed unless said sign is brought into full compliance with all of the regulations of this chapter. Permissible maintenance and repair as set forth in Subsection N(2) or a permissible change of copy as defined in Subsection N(3) shall not be considered a substantial modification, alteration, reconstruction, replacement, or relocation and shall be exempt from the requirements of this section. For purposes of this section, a substantial alteration or modification shall be one or more of the following:
(a) 
A sign is relocated to another part of the subject property or to another site.
(b) 
A sign structure and/or sign face is expanded or the dimensions are otherwise changed.
(c) 
One or more of the following changes occur with regard to illumination, whether within the existing or a new sign structure or cabinet:
[1] 
Illumination is added to a previously nonilluminated sign; or
[2] 
A new illumination system or fixture requires a building or electrical permit; or
[3] 
A fixed illuminated sign is changed to an electronic message board sign.
(d) 
Change or replacement is made to the sign structure or supporting structure within any continuous twelve-month period equal to or greater than 50% of the cost to replace the sign as a whole.
(e) 
Any new or expanded sign, which requires a permit and is of the same type as an existing nonconforming sign, is located anywhere on the property. No new, expanded or substantially altered sign of the same type as an existing nonconforming sign will be permitted unless the following requirements are met:
[1] 
Nonconforming wall signage.
[a] 
If one nonconforming wall sign exists on the property, a wall sign will only be allowed if the existing nonconforming sign is brought into conformity.
[b] 
If two or more nonconforming wall signs exist on the property, a wall sign will only be allowed if the area of nonconformity is decreased by at least 1/3 of the total signage area, including the new sign.
[2] 
Nonconforming freestanding signage. A freestanding sign will only be permitted if the existing freestanding sign is brought into conformity.
(5) 
Abandoned signs. A legal nonconforming sign shall be considered abandoned if one or more of the following occurs:
(a) 
A nonconforming sign which has not been used for a period of 12 continuous months shall be considered abandoned and must be removed in accordance with Subsection O unless the sign copy or face has advertised a business for a period of at least 20 years, thereby making it reasonable to assume that, should the business reopen, the business would again operate under the original name. This provision does not apply to cabinet, block letter, freestanding, canopy or painted wall signage.
(b) 
The sign or sign structure is in violation of a building code requirement and the owner of the sign fails to bring the sign into compliance with building code requirements within 90 days after receiving notice of the violation from the City.
(c) 
A billboard is left blank or the message is illegible for a continuous period of 180 days.
O. 
Removal of nonconforming signs. A legal nonconforming sign shall be fully removed if one or more of the following occurs:
(1) 
The sign is determined to have been substantially modified as defined in Subsection N(4).
(2) 
The sign is determined to be abandoned as defined in Subsection N(5).
(3) 
Temporary signs that are nonconforming shall be removed.
(4) 
Portable signs that are nonconforming may remain, provided they conform to the electrical, anchoring and other life-saving provisions of the building code and the setback requirements of this chapter. All portable signs must be registered with the City. Portable signs not conforming to the electrical, anchoring and other life-saving provisions of the building code and the setback requirements of this chapter shall be removed within 30 days of passage.
P. 
Enforcement. The provision of this section shall be administered and enforced pursuant to Article X.
[Added by Ord. No. 10-18-21B]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EASEMENT
An acquired legal right for the specific use of land owned by others.
FENCE
A structure, which is a barrier and used as a boundary or means of protection or confinement.
OPEN FENCE
A fence, which has over its entirety, at least 50% of the surface area in open space as viewed at right angles from the fence, except that the required open space in louver-type fences may be viewed from any angle.
SOLID FENCE
Also known as a "privacy fence," a fence, which conceals from view, from adjoining properties, streets, or alleys, activities conducted behind it.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground.
B. 
Permits. It shall be unlawful to construct, erect or replace on private property or upon any public property in the City, a fence, as defined in this section, without first obtaining a building permit from the Building Inspector and making payment of required fees.
(1) 
Fences shall be permitted on a lot line with decorative surface facing outward. If the lot line cannot be determined, the owner must obtain a survey. No barbed-wire fence shall be permitted.
C. 
Dumpster enclosures. All fencing or other enclosures around dumpsters shall be subject to approval by the Building Inspector to ensure promotion of health, safety and welfare of the City.
D. 
Grade, wetlands, floodplains. The Building Inspector shall make all grade determinations at fence line. Restrictions exist for fences on yards abutting wetlands or in floodplains. Fences may not, under any circumstance, be built in the 100-year floodplain. Unauthorized/unpermitted fences will be removed at the expense of the owner.
E. 
Residential districts. All fencing in residential districts shall comply with the following requirements:
(1) 
Height. Fencing shall not exceed six feet in height from grade. All vertical and horizontal supports and bracing shall face the interior of the lot on which it is constructed with decorative surface facing outward.
(2) 
Front yards. Fences in the front yard - and side yard if pertaining to a corner lot abutting a street - shall conform to the following standards:
(a) 
Maximum height of four feet.
(b) 
Must be an open fence.
(c) 
Must be located at least 18 inches from an existing sidewalk or, if no sidewalk exists, 18 inches from the right-of-way line as determined by the Building Inspector. If a lot line cannot be determined, the owner must pay for a survey.
(d) 
Line-of-sight clearances and setbacks are required for corner lots, street frontages with a designated view corridor required for maximum traffic visibility.
(e) 
No chain-link fences shall be allowed in the front yard.
(3) 
Pet enclosures. A pet enclosure or run shall be allowed only within rear yards and when located on lots abutting a street, said enclosure shall not be located in the half of the rear yard that abuts the street. All pet enclosures or runs must conform to the following standards:
(a) 
Said enclosure shall not exceed six feet in height.
(b) 
Said enclosure shall not exceed 200 square feet.
(4) 
Interior lots.
(a) 
Side yard: no setback requirement.
(b) 
Rear yard: no setback requirement.
(5) 
Corner lots.
(a) 
Side yard: no setback requirement.
(b) 
Rear yard: no setback requirement.
(c) 
Side yard abutting a street. All fencing, except that allowed as a special use, shall have the same requirements as a fence in a front yard - see Subsection E(2).
(d) 
Rear yard abutting a street. All fencing, except that allowed as a special use, shall have the same requirements as a fence in a front yard - see Subsection E(2).
(e) 
If a lot line cannot be determined, the owner must pay for a survey.
(f) 
Line-of-sight clearances and setbacks are required for corner lots; street frontages with a designated view corridor required for maximum traffic visibility.
(6) 
Required fences.
(a) 
Swimming pools. Fences shall be required around swimming pools. The fence shall meet the requirements of the adopted codes and standards of the City of Mendota.
[Amended by Ord. No. 06-03-24A]
(7) 
Trees, shrubs, bushes, etc., and easements; fences not requiring a permit.
(a) 
Fences shall not be erected in an easement unless the owner of the easement permits it. Permission must be in writing and submitted with the building permit application.
(b) 
Trees, shrubs, bushes, etc., shall not be considered fences and do not require a building permit. However, trees, shrubs, bushes or vegetation of any kind that is planted in an easement, knowingly or unknowingly, will be removed in order to repair an underground utility or if it is determined that the tree, shrub, etc., is or will cause damage to an underground utility. It is the responsibility of the owner to contact JULIE before planting.
(c) 
Decorative fences less than two feet in height and considered nonpermanent do not require a building permit. Examples of this type of fence: decorative plastic or wire panels purchased at hardware stores in certain lengths with anchor spikes less than six inches commonly used as animal barriers.
F. 
Nonconforming uses. Any fence existing at the time of the adoption of this section which is not in compliance with the terms and provision herein, except those fences that exist in the 100-year floodplain, but which is in compliance with the terms and provisions of the presently existing ordinances of the City of Mendota, may be allowed to be continued to be maintained except that in the event that any portion thereof should be destroyed and/or removed; the destroyed and/or removed portion shall not be repaired and/or replaced absent the same otherwise being in compliance with the terms and provision of this section.
G. 
Penalties for violation. In addition to any other penalties as may be authorized by law, any party who prospectively constructs a fence within the City without first obtaining a permit as provided herein, and any party who violates any provision or portion of a provision of this section shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code. Fines may be given for each violation with it being specifically if each violation of any division of this section shall constitute a separate and new additional violation of this section. Additionally, the City may additionally enforce this section through the use of injunctive relief and in circumstances deemed appropriate by the joint decision of the Building Inspector, City Engineer and Mayor, the City may, in appropriate circumstances, summarily abate any violation of this section.