A.Â
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.Â
Existing building permits and existing uses.[1]
(1)Â
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)Â
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)Â
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.
A.Â
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)Â
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)Â
The Building Inspector shall make a visual inspection of the premises
to determine if any property owners are adversely affected by the
usage.
(3)Â
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)Â
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)Â
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.
B.Â
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.Â
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.Â
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.Â
Building height.
(1)Â
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)Â
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.Â
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.Â
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)Â
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)Â
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)Â
Adequate provision is made for the extension and maintenance of public
and private utility services.
(4)Â
The arrangement will not contribute toward congestion in nearby streets
as a result of delivery services, lack of guest parking or other reasons.
(5)Â
The character of proposed structures and landscaping is of a quality
which will minimize maintenance.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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.Â
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.Â
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.Â
Accessory structures in yards.
(2)Â
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
| |
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.Â
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]
B.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.
Any development in a floodplain area must conform with the requirements of Chapter 166, Flood Damage Prevention, of the City Code.
The regulations of this chapter shall not be exercised so as
to:
A.Â
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.Â
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.Â
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.).
The open storage of junk, refuse, scrap, disabled or damaged
motor vehicles, whether awaiting repair or not, is prohibited in all
residential and commercial zoning districts.
[Added by Ord. No. 11-19-12]
A.Â
General. The provisions of this section shall govern the design,
construction, location, alteration and maintenance of signs.
B.Â
Purpose and intent; definitions.
(1)Â
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)Â
Provide for uniform regulation and orderly development of signs.
(b)Â
Prohibit hazardous and dangerous signs.
(c)Â
Encourage, as a means of communication in the City of Mendota,
the employment of signs which are:
(d)Â
Preserve, protect and promote the public health, safety and
welfare.
(e)Â
Improve pedestrian and traffic safety.
(f)Â
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)Â
Minimize the possible adverse effect of signs on nearby public
and private property.
(h)Â
Preserve the value of private property by assuring the compatibility
of signs with surrounding land uses.
(2)Â
ANIMATED SIGN
AREA OF SIGN
AREA OF SIGN, POLE, PYLON, GROUND, MONUMENT
AREA OF WALL SIGN
ATTENTION-GETTING DEVICE
BANNER SIGN
BILLBOARD
CHANGEABLE COPY
CONSTRUCTION SIGN
DIRECTIONAL SIGN
FACADE
FLAG
FLASHING SIGN
FREESTANDING SIGN
FRONTAGE, BUILDING
FRONTAGE, STREET
GROUND OR MONUMENT SIGN
HEIGHT OF SIGN
INSTITUTION
INTERNALLY ILLUMINATED SIGN
MENU BOARD SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
POLE/PYLON SIGN
PORTABLE SIGN
PROJECTING SIGN
PYLON
REGULATORY AND GOVERNMENTAL SIGNAGE
SIGN
SIGN FACE
SIGN PERMIT
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
ZONING VARIANCE
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:
Any sign that uses movement or change of lighting to depict
display changes at any interval less than four seconds.
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.
The total area of all structural elements of the largest
side, excluding supporting poles, pylons or columns.
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.
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.
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.
An off-premises sign that consists of advertising space.
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.
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.
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.
The front or main part of the building facing a street or
parking lot.
Any fabric or bunting containing distinctive colors, patterns
or symbols used as a symbol of a government, political subdivision
or other entity.
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.
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.
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.
For a tract of land or lot, the property line along a public
street. Corner lots will have more than one frontage.
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.
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.
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.
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.
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.
A sign which advertises goods or services not available on
the site upon which the sign is located.
A sign which advertises goods or services available on the
site upon which the sign is located.
Any freestanding sign supported by one or more visible poles
or pylons, which extend from the ground.
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.
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]
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.
A sign erected by a governmental body or public utility,
including legal notices, identification and informational signs and
traffic and regulatory signs.
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.
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.
A permit issued by the City Building Inspector that authorizes
the recipient to erect, move, enlarge or substantially alter a sign.[2]
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.
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.
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.
A variance granted by the Zoning Board of Appeals.
C.Â
Permitted signs. Only those signs specifically permitted in a specified
zoning district shall be allowed.
D.Â
Changeable copy/animated signage.
(1)Â
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]
(2)Â
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.Â
Flags.
(1)Â
Flags shall be displayed only on permanent flagpoles or staffs designed
and constructed specifically and exclusively for flag display.
(2)Â
A maximum of seven flagpoles per lot shall be permitted within nonresidential
zoning districts.
(3)Â
Flagpoles shall be set back a minimum of 10 feet from the property
line.
(4)Â
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)Â
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)Â
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]
F.Â
Conservation-Recreation District. Nonflashing, illuminated or nonilluminated
signs are permitted under the conditions specified:
(1)Â
Nameplate and identification signs, subject to the following:
(a)Â
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]
(b)Â
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)Â
Projection. No sign shall be nearer than 15 feet to a lot line
adjoining a street.
(d)Â
Height. No sign shall project higher than 15 feet above curb
level or above grade at the near edge of the roadway pavement.
(2)Â
"For Sale" and "To Rent" signs, subject to the following:
(a)Â
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)Â
Projection. No sign shall project beyond the property line.
(c)Â
Height. No sign shall project higher than 15 feet above curb
level or above grade at the near edge of the roadway pavement.
(3)Â
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)Â
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)Â
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.
G.Â
Residential districts. Unless otherwise provided in the regulations
of this chapter, the following provisions shall apply to residence
districts:
(1)Â
"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)Â
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)Â
When affixed to a building wall, it shall not project higher
than 10 feet above grade at entrance doorways; and
(b)Â
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.
(3)Â
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)Â
May be illuminated with nonflashing illumination, provided direct
rays of light are not beamed onto adjacent lots or streets;
(b)Â
Shall not project higher than 15 feet above grade;
(c)Â
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)Â
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.Â
Business districts. In the B-1, B-2 and B-3 Districts, the signs
listed in this subsection are permitted.
(1)Â
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]
(2)Â
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)Â
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]
(4)Â
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
1Â 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]
(5)Â
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 1Â 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)Â
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)Â
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]
(8)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Canopy signs. Canopy signs shall have a maximum square footage
of 1Â 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)Â
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)Â
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.Â
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.Â
Application for permit and fees.
(1)Â
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)Â
Name, address and telephone number of the applicant (owner of
sign).
(b)Â
Name and address of the owner of the property upon which the
sign is to be located.
(c)Â
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)Â
Position of the sign or advertising structure in relation to
adjacent property and to any buildings or structures located upon
the property.
(e)Â
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)Â
Name, address, telephone number of person or company intending
to erect the sign.
(g)Â
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)Â
No permit shall be required for a change of sign face only.
K.Â
Revocation of permit.
(1)Â
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)Â
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.Â
Provisions applying to all signs.
(1)Â
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)Â
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.
(4)Â
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)Â
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)Â
No sign shall be portable.
(7)Â
Flashing signs are prohibited.
(8)Â
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)Â
No sign shall include an obscene message or depiction.
M.Â
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.Â
Nonconforming signs.
(1)Â
Legal nonconforming signs.
(a)Â
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)Â
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.
(2)Â
Permissible maintenance and repair.
(a)Â
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)Â
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)Â
Change of copy.
(a)Â
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)Â
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)Â
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)Â
A sign is relocated to another part of the subject property
or to another site.
(b)Â
A sign structure and/or sign face is expanded or the dimensions
are otherwise changed.
(c)Â
One or more of the following changes occur with regard to illumination,
whether within the existing or a new sign structure or cabinet:
(d)Â
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)Â
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]Â
Nonconforming wall signage.
[a]Â
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]Â
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]Â
Nonconforming freestanding signage. A freestanding sign will
only be permitted if the existing freestanding sign is brought into
conformity.
(5)Â
Abandoned signs. A legal nonconforming sign shall be considered abandoned
if one or more of the following occurs:
(a)Â
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)Â
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)Â
A billboard is left blank or the message is illegible for a
continuous period of 180 days.
O.Â
Removal of nonconforming signs. A legal nonconforming sign shall
be fully removed if one or more of the following occurs:
(3)Â
Temporary signs that are nonconforming shall be removed.
(4)Â
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.
[Added by Ord. No. 10-18-21B]
A.Â
EASEMENT
FENCE
OPEN FENCE
SOLID FENCE
STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An acquired legal right for the specific use of land owned
by others.
A structure, which is a barrier and used as a boundary or
means of protection or confinement.
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.
Also known as a "privacy fence," a fence, which conceals
from view, from adjoining properties, streets, or alleys, activities
conducted behind it.
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.Â
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)Â
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.Â
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.Â
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.Â
Residential districts. All fencing in residential districts shall
comply with the following requirements:
(1)Â
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)Â
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)Â
Maximum height of four feet.
(b)Â
Must be an open fence.
(c)Â
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)Â
Line-of-sight clearances and setbacks are required for corner
lots, street frontages with a designated view corridor required for
maximum traffic visibility.
(e)Â
No chain-link fences shall be allowed in the front yard.
(3)Â
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:
(5)Â
Corner lots.
(a)Â
Side yard: no setback requirement.
(b)Â
Rear yard: no setback requirement.
(c)Â
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)Â
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)Â
If a lot line cannot be determined, the owner must pay for a
survey.
(f)Â
Line-of-sight clearances and setbacks are required for corner
lots; street frontages with a designated view corridor required for
maximum traffic visibility.
(6)Â
Required fences.
(a)Â
Swimming pools. Fences shall be required around swimming pools
as provided in the building codes and any other codes adopted by the
City. Said fences shall be a minimum of 48 inches high with material
spaced to prevent children and pets from entering.
(7)Â
Trees, shrubs, bushes, etc., and easements; fences not requiring
a permit.
(a)Â
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)Â
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)Â
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.Â
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.Â
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.
