Request a Waiver
In a perfect world, all zoning regulations would be adhered to with no undue hardships afflicted. However, over the years as municipalities grow and uses change, the zoning from the past may no longer be applicable or even reasonable to the desired uses for the property by a property owner or occupant. Because of this, the Illinois State Statute allows for certain instances where a petitioner can request for a waiver from a specific zoning regulation, creating an opportunity for extra consideration by the municipality's legislative body. Consideration and instances for a Conditional Use Permit or Variance request are outlined in the zoning ordinance. Both requests require notification of all adjacent property owners and a public notice to be published in the local newspaper 15 to 30 days prior to the hearing date. The Planning and Zoning Board is an advisory board which makes a recommendation to the City Council. The City Council has the final decision on the request.
Conditional Use Permits
The City of Monticello Zoning Ordinance classifies the uses allowable on real property as either permitted uses or conditional/special uses. Permitted uses are uses that require no action on the part of the municipality in order for the landowner to establish the use. Conversely, conditional uses require the landowner to petition the municipality for permission to establish the particular use. Conditional use permits do not run with the property, unless there is a physical alteration or addition that was permitted through issuance of a conditional use permit.
Conditional use permit requests are brought before the Planning and Zoning Board, which makes a recommendation to the City Council. The City Council will vote on the request.
A variance is a relaxation of the terms of the City of Monticello zoning regulations, in order to provide relief for a property owner or occupant upon whom these zoning regulations have imposed undue hardship or difficulty. Usually variance applications request relief from required lot sizes and widths, setbacks, building height, or minimum yard areas. Variances remain with the property, however no alteration can be made to the property that would impede or increase the nonconformance allowed by the variance.
A variance request goes before the Planning and Zoning Board, which makes a recommendation to the City Council. The City Council will vote on the request.