A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
Village of Monticello.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.[1]
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district but not until their principal structure is present
or under construction.
C.
General conditional use provisions. Provisions applicable to conditional
uses generally:
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter excepting those existent at time of adoption of the Zoning Code.
(2)
Those existing uses which are classified as "conditional uses" for
the district(s) in which they are located at the time of adoption
of this chapter require no action by the Village Board for them to
continue as valid conditional uses.
(3)
Proposed changes from a permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(4)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(5)
Regular conditional uses, either allowed by action of the Village Board or existent at time of adoption of this chapter, shall be lapsing and shall not survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of same or similar type without Village Board approval. A change to a conditional use of other than same or similar type shall require procedures and approval in accordance with Article V.
D.
Uses not specified in code.
(1)
Uses not specified in this chapter which are found by the Village
Board to be sufficiently similar to specified permitted uses for a
district shall be allowed by Zoning Administrator.
(2)
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article V of this chapter.
A.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 25 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
B.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. The Village Board may permit as a conditional use more
than one principal structure per lot in any district where more than
one such structure is needed for the orderly development of the parcel.
Where additional structures are permitted, the Village Board, subject
to the recommendation of the Plan Commission, may impose additional
yard requirements, landscaping requirements or parking requirements,
or require a minimum separation distance between principal structures.
C.
Dedicated street. No zoning permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
D.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. The front
yard setbacks in the less restrictive district shall be modified for
a distance of not less than 60 feet from the more restrictive district
boundary line so such front yard setbacks shall be no less than the
average of the front yards required in both districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Village
Board, upon the recommendation of the Plan Commission, by reason of
flooding, concentrated runoff, inadequate drainage, adverse soil or
rock formation, unfavorable topography, low percolation rate or bearing
strength, erosion susceptibility or any other feature likely to be
harmful to the health, safety, prosperity, aesthetics and general
welfare of this community. The Plan Commission, in applying the provisions
of the section, shall, in writing, recite the particular facts upon
which it bases its conclusion that the land is not suitable for certain
uses. The applicant shall have an opportunity to present evidence
contesting such unsuitability if he so desires. Thereafter, the Plan
Commission may affirm, modify or withdraw its determination of unsuitability
when making its recommendation to the Village Board.
F.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands and to aid in preserving and protecting the natural beauty and
character of the landscape, no change in the existing topography of
any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Village Board, or which would alter the existing
drainage or topography in any way as to adversely affect the adjoining
property. In no case shall any slope exceed the normal angle of slippage
of the material involved, and all slopes shall be protected against
erosion.
G.
Decks. For purposes of this chapter, decks and porches shall be considered
a part of a building or structure.
The regulations contained herein relating to the height of buildings
and the size of yards and other open spaces shall be subject to the
following exceptions:
A.
Churches, schools, hospitals, sanitariums and other public and quasi-public
buildings may be erected to a height not exceeding 60 feet nor five
stories, provided the front, side and rear yards required in the district
in which such building is to be located are each increased at least
one foot for each foot of additional building height above the height
limit otherwise established for the district in which such building
is to be located.
B.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
penthouses, stacks, scenery lofts, tanks, water towers, ornamental
towers, spires, wireless, television or broadcasting towers, masts
or aerials; microwave radio relay structures; telephone and power
poles and lines and necessary mechanical appurtenances are hereby
excepted from the height regulations of this chapter and may be erected
in accordance with other regulations or codes of the Village.
C.
Residences in the residential district may be increased in height
by not more than 10 feet when all yards and other required open spaces
are increased by one foot for each foot when such building exceeds
the height limit of the district in which it is located.
D.
Where a lot abuts on two or more streets or alleys having different
average established grades, the higher of such grades shall control
only for a depth of 120 feet from the line of the higher average established
grade.
E.
Buildings on through lots and extending from street to street may
have waived the requirements for a rear yard by furnishing an equivalent
open space on the same lot in lieu of the required rear yard provided
that the setback requirements on both streets are complied with.
F.
Where a lot has an area less than the minimum number of square feet
per family required for the district in which it is located and was
of record as such at the time of the passage of this chapter, such
lot may be occupied by one family.
G.
Every part of a required yard shall be open to the sky, unobstructed,
except for accessory buildings in a rear yard, and the ordinary projections
of sills, belt courses, cornices and ornamental features projecting
not more than 12 inches.
H.
Open or enclosed fire escapes and fire towers may project into a
required yard not more than five feet and into a required court not
more than 3 1/2 feet, provided it be so located as not to obstruct
light and ventilation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No lot, yard, parking area, building area or other space shall
be reduced in area or dimensions so as not to meet the provisions
of this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use. No part of a yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space required for another
building.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Village Board, by resolution, shall establish fees for the
following:
