§ 153.003 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY. A structure or use that:
      (1)   Is clearly incidental to and customarily found in connection with a principal building or use;
      (2)   Is subordinate to and serves a principal building or a principal use;
      (3)   Is subordinate in area, extent or purpose to the principal building or principal use served;
      (4)   Contributes to the comfort, convenience, or necessity of the owner, occupants, business or industry in the principal building or principal use served; and
      (5)   Is located on the same lot as the principal building or use served.
   ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building or portion of a building subordinate to a main building on the same lot occupied by, or denoted exclusively to, an accessory use.
   ADDITION. An extension or increase in floor area or height of a building or structure.
   ADULT ENTERTAINMENT FACILITY. Any sexually oriented business such as an adult cabaret, adult store, adult theater or massage parlor as defined in § 153.040.
   ALTERATION. Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building, such as walls or partitions, columns, beams or girders, the completion of which may be referred to herein as “altered” or “reconstructed.”
   AGRICULTURAL ACTIVITY. Includes forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit, and nursery stock, fish farms, animal kennels and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations, excluding commercial feed lots.
   ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property. Access only by an alley shall not be considered sufficient public access for meeting the definition of a lot or issuance of a building permit.
   ANIMAL HOSPITAL OR CLINIC. A structure or portion thereof designed or used for the indoor care, observation, or treatment of domestic animals by a registered veterinarian.
   ASSISTED LIVING FACILITY. A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food and other supportive services to maintain a resident's functional status.
   AUTOMOBILE SERVICE STATION. Any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles.
   BASEMENT. That portion of a building which is partly or wholly below grade, but so located that the vertical distance from the grade elevation to the floor of this portion of the building is greater than the vertical distance from the grade to the ceiling of this portion of the building. A BASEMENT shall not be counted as a story.
   BED AND BREAKFAST ESTABLISHMENTS. An operator-occupied residence providing accommodations for a charge to the public with no more than 5 guest rooms for rent. Breakfast may be provided to the guests only. BED AND BREAKFAST ESTABLISHMENTS shall not include motels, hotels, boarding houses, or food service establishments.
   BOARD. The Planning and Zoning Board of the City of Monticello.
   BUILDABLE AREA OF A LOT. That portion of a lot free of easements and bounded by the setback lines designating the required front, rear and side yards.
   BUILDING. Any structure built or maintained for the shelter or enclosure of persons, animals, chattels, or property of any kind.
   CANNABIS. As defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CANNABIS BUSINESS. A "cannabis business establishment" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended; such other cannabis business establishments authorized under the Act, as amended; or a medical cannabis business; or an on-premises cannabis consumption establishment.
   CANNABIS CRAFT GROWER. A "craft grower" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CANNABIS CULTIVATION CENTER. A "cultivation center" as defined in Section 1-10 of the Cannabis Regulation and Tax Act as amended.
   CANNABIS DISPENSARY. A "dispensing organization" or "dispensary" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CANNABIS INFUSER. An "infuser organization" or "infuser" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CANNABIS PROCESSOR. A "processing organization" or "processor" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CANNABIS TRANSPORTER. A "transporting organization" or "transporter" as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended.
   CLINIC. An establishment where human or animal patients are not lodged overnight but are admitted for examination and treatment by a group of physicians, dentists, veterinarians, or similar professionals.
   CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the City Council in accordance with § 153.078.
   DAY CARE CENTER. A child care facility, licensed by the Illinois Department of Children and Family Services.
   DISTRICT. A part of the city designated on the zoning map and subject to these regulations.
   DRIVE-IN ESTABLISHMENT. One which accommodates the patron's automobiles, from which the occupants may watch, purchase, or otherwise conduct business from automobiles. This includes restaurants for which there are no accommodations for eating indoors.
   DWELLING. Any building (excluding travel trailer and mobile homes, and including modular home, as defined herein) which is exclusively designed for or used for 1 or more dwelling units.
   DWELLING, APARTMENT. A room or suite of rooms in a multi-family dwelling, or where 1 or more units are established above nonresidential uses, a room or suite of rooms intended or designed for use as a residence by a single family.
   DWELLING, COMMUNITY LIVING FACILITY. A dwelling operated under state license or certification or contract to provide supervision, food, lodging, or other services to a service dependent population as herein defined, living and cooking together in a single cooperative housekeeping unit, consisting of a basic group of members of a service dependent population and additional staff persons providing supervision of service to the basic group, as specified in aforesaid licensing, certification or contract regulations. COMMUNITY LIVING FACILITIES are limited to 1 per structure.
   DWELLING, COMMUNITY LIVING FACILITY, CATEGORY I. A COMMUNITY LIVING FACILITY DWELLING with a basic group limited to not more than 4 service dependent individuals plus a maximum of 2 resident (live-in and/or shift) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. The facility is intended for permanent placements, and shall not be for crisis or short-term transient placements.
   DWELLING, COMMUNITY LIVING FACILITY, CATEGORY II. A COMMUNITY LIVING FACILITY DWELLING with a basic group limited to not more than 8 service dependent individuals plus a maximum of 2 resident (live-in and/or shift) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. The facility is intended for permanent placements, and shall not be for crisis or short-term transient placement.
   DWELLING, COMMUNITY LIVING FACILITY, CATEGORY III. A COMMUNITY LIVING FACILITY DWELLING with a basic group limited to not more than 16 service dependent individuals plus a maximum of 4 resident (live-in and/or shift) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. The facility may be used for temporary placement of service dependent individuals.
   DWELLING, MULTI-FAMILY. A dwelling designed for or occupied exclusively by 2 or more families.
   DWELLING, SINGLE-FAMILY. A dwelling designed for or occupied exclusively by 1 family.
   DWELLING, ZERO LOTLINE. A form of development in which individual dwelling units are placed on separately platted lots. They may be attached to one another, but not necessarily. Each unit shall be considered a single-family dwelling.
   DWELLING UNIT. One room or a suite of rooms in a dwelling and designated for or used by 1 family for living and sleeping purposes.
   EASEMENT. An acquired legal right for the specific use of land owned by others; a grant by the property owner of the use of an area of land by a public body or a private party for specified purposes.
   FAMILY.
      (1)   One or more persons related to each other by blood, marriage, or legal adoption, living together as a single housekeeping unit except that up to 2 persons need not be related to the group by blood, marriage or legal adoption. Any child living in a “Foster Family Home” shall also be deemed to be part of a family; or
      (2)   Group of not more than 3 persons, who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit.
   GARAGE, PRIVATE. An accessory building, either detached or attached to the principal building, designed for the housing of automobiles which are the property of, and for the use of, the occupants of the lot on which the garage is located. The term shall include, but shall not be limited to, such structures as “carports”.
   GARAGE, PUBLIC. Any building or premises, except those used as private garages, used for equipping, repairing, hiring, selling or storing motor driven vehicles.
   GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building.
   HEIGHT, BUILDING. The vertical distance above the grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
   HOME OCCUPATION. Any gainful business, occupation, profession or trade carried on by an occupant of a dwelling unit as a use which is clearly incidental and secondary to the use of the premises for dwelling purposes.
   HOTEL. A building in which lodging or lodging and board are provided and offered to the public for compensation and which is customarily open to transient guests.
   INSTITUTION. A nonprofit establishment for public use or public service.
   KENNEL. Any lot or premises on which 4 or more dogs, cats, and/or other household pets over 4 months of age are either permanently or temporarily boarded.
   LANDSCAPED AREA. An area that is devoted and maintained to the growing of shrubbery, grass or other plant and ornamental material.
   LOADING SPACE. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
   LOT. A parcel of land occupied or suitable for occupancy by a use permitted by these regulations, including the main building or uses, with accessory buildings, the open spaces and parking spaces required by the regulations, and contiguous to a street or upon an officially approved place.
   LOT, CORNER. A lot located at the intersection of 2 or more streets where the corner interior angle formed by the intersection of the 2 streets is 135 degrees or less; a lot abutting upon a curved street or streets if tangents to the curve, at the 2 points where the lot lines meet the curve, form an interior angle of less than 135 degrees.
   LOT, COVERAGE. The percentage of a lot that is covered by building(s) and structures covered by a roof.
   LOT, DOUBLE FRONTAGE. A lot fronting on 2 non-intersecting streets, as distinguished from a corner lot.
   LOT, INTERIOR. A lot other than a corner lot, or double frontage lot, fronting only 1 street.
   LOT LINES. The property lines or other lines bounding a lot.
      (1)   FRONT. The line dividing a lot from a street from which legal access is available.
      (2)   REAR. The lot line opposite the front lot line. In case of a 3-sided lot, it shall mean a line within the lot, 10 feet long, concentric with and at the maximum distance from the front lot line. In case of an irregular sided lot, it shall mean 1 or more lines opposite the front lot line.
      (3)   SIDE. Any lot line other than a front or rear lot line.
   LOT OF RECORD. A lot designated on a subdivision plat or deed, duly recorded pursuant to the statute in the County Recorder's Office.
   LOT WIDTH. For regularly shaped lots, LOT WIDTH is the average distance between the side lot lines, measured at right angles to the depth of the lot; for irregularly shaped or wedge-shaped lots, LOT WIDTH is the distance between the side lot lines measured at the points of intersection of the front setback line and the side lot lines.
   LOT, ZONING. A parcel of land, composed of 1 or more recorded lots under common ownership, occupied or to be occupied by a principal building(s) or principal use(s) along with permitted accessory buildings or uses, meeting all the requirements for area, buildable area, width, yards, and any other requirements set forth in these regulations.
   MAIN BUILDING. See “principal building.”
   MAIN USE. See “principal use.”
   MANUFACTURED HOUSING. A broad term referring to both mobile homes and modular homes, as defined herein, and excluding motor homes, travel trailers, campers, and tents.
   MEDICAL CANNABIS BUSINESSES. A medical cannabis cultivation center or medical cannabis dispensary.
   MEDICAL CANNABIS CULTIVATION CENTER. A "cultivation center" as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
   MEDICAL CANNABIS DISPENSARY. A "medical cannabis dispensing organization," or "dispensing organization," or "dispensary organization," as defined in Section 10 of the Compassionate Use of Medical Cannabis Program Act, as amended.
   MOBILE HOME. A movable or portable dwelling constructed for year-round living and is towed on its own chassis, connected to utilities, and designed without a permanent foundation. It can consist of 1 or more units that can be folded, collapsed, or telescoped when towed, and expanded later for additional cubic capacity. It can also consist of 2 or more units, separately towable but designed to be joined into 1 integral unit, capable of being again separated into the components for repeated towing. A MOBILE HOME is at least 29 feet in length and 10 feet in width. Mobile homes are towed to their sites by trucks whose movements are controlled by state highway regulations, or they are shipped longer distances on railroad flatcars to designated locations and then towed to the site. This definition excludes motor homes, travel trailers, campers, and tents.
   MOBILE HOME PARK. An area of land upon which 2 or more occupied mobile homes are harbored either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such-mobile home park.
   MODULAR HOME. A factory-fabricated, transportable building unit designed to be incorporated at a building site into a structure to be used for residential purposes. The modules are of standard dimensions designed to meet the requirements of single-family living, efficient production-line techniques, and transportation over existing roads and highways. Not only the shell of dwelling modules, but also the mechanical equipment - wiring, plumbing, and interior cabinetry, and perhaps even furniture and furnishings are produced at the factory. Unlike the mobile home, as defined herein, the modular housing units are placed on permanent foundations at the site and are required to adhere to IRC 2003 Building Code regulations, as adopted by the city.
   MOTEL. A building designed for transient occupancy containing rooms or suites with separate entrances, providing living, sleeping, and toilet facilities. A general kitchen and a dining room may be provided.
   NONCONFORMANCE. A nonconforming lot, structure or use which lawfully existed before these regulations or future amendments but which is prohibited in the district in which it exists under the terms of these regulations.
   NONCONFORMING USES. Any building or land lawfully occupied by a use, or in the case of a building, lawfully situated at the time of the passage of these regulations or amendments thereto, which does not conform after passage of these regulations or amendment thereto with these regulations.
   NURSERY SCHOOL. A school or other instructional facility for preschool children.
   NURSING HOME. A home for the aged or infirm in which 3 or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
   ON-PREMISES CANNABIS CONSUMPTION ESTABLISHMENT. A cannabis dispensary or retail tobacco store (as defined in Section 10 of the Smoke Free Illinois Act) authorized or permitted to allow the on-premises consumption of cannabis.
   PARKING SPACE. An area of definite length and width, for the purpose of parking motor vehicles, which area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the parking of permitted vehicles.
   PERMITTED USES. Those uses permitted by right. An applicant for a building permit must be given a permit if he or she complies with all requirements of these regulations.
   PLANNED UNIT DEVELOPMENT. A lot or group of lots which is developed comprehensively under single ownership or unified control, which includes 1 or more principal buildings and/or uses, and is processed in accordance with § 153.081 of the City Code.
   POOL, SWIMMING. Any permanent or portable pool, used for swimming or bathing over 24 inches in depth.
   PREMISES. A lot together with all buildings and structures thereon.
   PRINCIPAL BUILDING. The main building upon a lot or the building which houses the principal use of the premises (see “accessory buildings or use.")
   PRINCIPAL USE. The specific primary use of the land or building.
   ROOF. The uppermost exterior surface of a building. Roof shall be taken to mean a permanent rigid surface or covering. Tarps and other non-rigid coverings are to be specifically excluded.
   SERVICE DEPENDENT POPULATION. A group of individuals who, by reason of mental or physical disability, require supervision offered in connection with residence in a community living facility as herein defined, but do not require medical or nursing care on site. Such groups shall reside as members of a single housekeeping unit in a quasi-parental relationship with staff. The groups shall not include persons for whom such services are a requirement of a sentence upon conviction of a criminal offense or whose need for such services arises during or immediately following a sentence of incarceration for a criminal offense nor for the treatment or rehabilitation of drug or alcohol addiction.
   SETBACK. The distance required to obtain minimum front, side, or rear yard open space provisions of this chapter.
   SPOT ZONING. The rezoning of a relatively small area into a district which is unrelated to the immediate area or the general plan for the community. The rezoning may be a special privilege or an inconsistent restriction of 1 property which is not made applicable to others. A zoning pattern once established and relied upon must be sufficiently stable to accomplish the purposes of the plan and to protect those who comply with the law.
   STORAGE SHED. An accessory structure used for the storage of items, other than vehicles, that are associated with the residential use of the primary structure.
   STORE, RETAIL. A store from which 80% of the sales are of that type of goods which are received directly at the store by or which are delivered from the store to the ultimate consumer. The qualifying percentage for a retail store shall be based on total sales and sales subject to the Illinois Retailers Occupational Tax.
   STORE, WHOLESALE. A store at which goods are sold for delivery on or from the premises to a person other than the ultimate consumer. Should a store not qualify as a retail store, it shall be deemed to be a wholesale store.
   STREET. A place or way, however designated, for vehicular travel which affords principal means of access to abutting property.
   STREET CENTER LINE. A line halfway between the right-of-way lines of a street.
   STREET LINE. The right-of-way line of a street.
   STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, and signs.
   TECHNOLOGY AND DATA CENTER. A use primarily dedicated to computers, servers, communications, infrastructure, and/or related equipment, either publicly or privately owned or operated, and where information is stored, processed, received and/or transferred. Examples include internet and telecommunication service providers, network operations centers, server facilities, web hosting facilities and other related entities that provide access via telecommunications networks to computer-held information.
   TEMPORARY STRUCTURE. An accessory building or structure used to store construction materials and/or equipment during construction.
   USE. The purpose or activity for which land, or any structure thereon, is designed, arranged, or intended, or for which it is occupied or maintained.
   VARIANCE. A relaxation of the strict terms of the zoning regulations in order to provide relief for a property owner (or occupant) upon whom the zoning regulations have imposed undue hardship or difficulty. Usually variance applications request relief from required lot sizes and widths, setbacks, and minimum yards. Variances should be granted only to provide relief in unusual situations which were not intended or foreseen when the comprehensive zoning regulations were adopted. No variance should be granted unless it will be in harmony with the general intent and purpose of the regulations.
   YARD, FRONT. The area between the face of the main building and the front property line and also the area from the front property line to a line extended in a parallel direction to the face of the main building from the outermost corner to the side property line.(See diagram below).
   YARD, REAR. The area between the face of the main building and the back property line and also the area from the back property line to a line extended in a parallel direction to the face of the main building from the outermost corner to the side property line.(See diagram below).
   YARD, SIDE. The area between the side lot line and the main building extending from the front yard line to the rear yard line. (See diagram below).
 
   ZONING DISTRICT. A portion of the city within which, on a uniform basis, certain uses of land and buildings are permitted.
(Am. Ord. 2008-56, passed 10-14-2008; Am. Ord. 2013-42, passed 7-22-2013; Am. Ord. 2013-43, passed 7-22-2013; Am. Ord. 2014-36, passed 9-8-2014; Am. Ord. 2020-42, passed 8-24-2020)