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Marion City Zoning Code

CHAPTER 12

SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

11-12-1: APPLICATION OF PROVISIONS:

This chapter establishes lot and structure requirements, design standards, and use limitations for specific, potentially troublesome structures and uses. These regulations apply to every zoning district where the specified structure or use is permitted or allowed by special use permit; but if more stringent regulations are applicable in any particular district, such regulations shall prevail. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-12-2: NUMBER OF RESIDENTIAL BUILDINGS PER LOT:

Not more than one principal detached residential dwelling shall be located on a lot, nor shall any principal detached residential dwelling be located on the same lot with any other principal building. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-12-3: ACCESSORY USES:

Any accessory use shall be deemed permitted in a particular zoning district if such use:
   A.   Is subordinate in size and purpose to the principal structure or use which it serves;
   B.   Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and
      1.   Height: No accessory use shall be higher than:
         a.   Twenty feet (20') in the R-1 district; or
         b.   Fifteen feet (15') in all other residential districts; or
         c.   Twenty five feet (25') in any other zoning district except the rural-agricultural district where, due to the special needs of farm operations, there shall be no height limit on accessory structures.
      2.   Setbacks: No accessory use shall be located in any part of a required yard; except, that in residential zone districts, an accessory use may be located as close as three feet (3') to a side or rear lot line when said structure is also located in the rear one-third (1/3) of the subject lot.
      3.   Yard Coverage: In any residential district, accessory uses shall not cover more than thirty percent (30%) of a required yard.
      4.   Use As A Dwelling: Use of an accessory structure as a dwelling is prohibited in the city. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
   C.   1. Permitted As Accessory Use: A pet boarding facility shall be permitted in commercial zoning categories only as an accessory use to a permitted primary pet oriented use.
      2.   Requirements: All pet boarding facilities shall:
         a.   Be established only in conjunction with another pet oriented use, including a veterinary clinic, grooming parlor, pet oriented retail shop or a pet daycare facility.
         b.   Board all animals within a fully enclosed structure designed to limit noise and odor.
         c.   Provide boarding for no more than one animal per ten (10) square feet of indoor boarding area.
      3.   Attached Outdoor Yard: A pet boarding facility may include an attached outdoor exercise yard for animal exercise or animal recreation so long as such yard complies with the following:
         a.   Be located at least two hundred feet (200') from any residential zone category, unless a conditional use permit is granted upon a demonstration that a lesser separation will not adversely affect the surrounding properties.
         b.   Be fully enclosed by a masonry wall, wooden or a vinyl fence at least six feet (6') in height.
         c.   No animal shall be permitted in such yard between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. unless accompanied by a trainer or handler.
         d.   No animal shall be kept in the yard for more than twelve (12) hours per day.
         e.   Yard waste, including solid excrement shall be removed daily.
      4.   Penalties For Violation: Any person, firm or corporation violating any provision of this subsection C shall be fined no more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 3142, 12-9-2013)

11-12-4: ANIMALS:

   A.   Horses:
      1.   No horse keeping is permitted on any lot existing prior to the effective date hereof which is less than twenty thousand (20,000) square feet.
      2.   Two (2) horses are permitted on lots exceeding twenty thousand (20,000) square feet but do not exceed thirty thousand (30,000) square feet. One additional horse is permitted for each additional five thousand (5,000) square feet of lot area.
      3.   For the purposes of this subsection, two (2) ponies shall count as one horse; except, that each pony in excess shall be counted as one horse.
      4.   A foal less than one year old, maintained in the company of its mother, will not be counted in determining compliance with this subsection.
      5.   Horses up to twice the number normally allowed on a parcel of land may be kept on a temporary basis of up to one week but not more frequently than every thirty (30) days.
      6.   Any area where horses are kept shall not be less than fifty feet (50') from any habitable dwelling on the same parcel, two hundred feet (200') from any habitable dwelling(s) on adjacent parcels, and two hundred feet (200') from any church, school, hospital/clinic, or where foods are processed, stored, kept, manufactured, or served to the public.
      7.   The design of the horse keeping facility will be reviewed by the city council as part of the special use permit process.
   B.   Other Animals:
      1.   Any area where animals other than horses are kept for hobby purposes, agricultural projects, or home occupations shall not be located within two hundred feet (200') of any habitable dwelling(s) on adjacent parcels, any church, school, hospital/clinic, or where foods are processed, stored, kept, manufactured, or served to the public.
      2.   The design of any animal keeping facility shall be reviewed by the city council as part of the special use permit process. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-12-5: KENNELS1:

   A.   The lot on which any kennel is situated shall have a minimum area of three (3) acres.
   B.   Every kennel shall be located at least fifty feet (50') from a habitable dwelling on the same lot, at least two hundred feet (200') from the nearest dwelling on an adjacent lot, and at least one hundred feet (100') from any lot line. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-12-6: MOBILE HOMES AND MOBILE HOME PARKS:

   A.   Mobile Homes On Individual Lots:
      1.   Not more than one mobile home shall be placed on any individual lot, nor shall any mobile home be placed on any individual lot wherein another principal building exists.
      2.   Every mobile home shall be placed on a four inch (4") or greater reinforced concrete slab to provide it with adequate support.
      3.   Anchors capable of withstanding a vertical tension force of four thousand eight hundred (4,800) pounds shall be installed at the corners of every mobile home support slab or as otherwise necessary for protection against high winds. Every mobile home shall be tied down to such anchors.
      4.   Every mobile home shall be skirted with a weather resistant material. The skirting shall be equipped with an inspection door at least twenty four inches (24") wide to allow access to the underside of the home.
   B.   Mobile Home Parks:
      1.   Regulations that apply to mobile homes placed on individual lots, as specified in subsection A of this section, also apply to mobile homes placed within mobile home parks.
      2.   Every mobile home shall also comply, as necessary, with Title 10, Chapter 11 of this Code concerning Mobile and Manufactured Homes.
      3.   A coin operated laundromat which is solely intended to serve the mobile home park is permitted within the confines of the park. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 3928, 12-11-2023)

11-12-7: FENCES AND WALLS:

   A.   General Requirements:
      1.   No fence, wall, or other obstruction shall be erected in violation of the Illinois drainage code.
      2.   Every fence, wall, or other obstruction shall conform to the special height restrictions applicable in areas near intersections.
   B.   Fences In Residential Districts:
      1.   Location: Within residential districts and for residential purposes, no fence, wall or other obstruction shall be erected within any public right of way, except by permission of the administrator, and no fence or wall shall be erected, placed or maintained between the boundary line of a lot that fronts a public street or roadway and a line which is coextensive with and extends along the line of the principal dwelling or building located on said lot, except for decorative fences as described in subsection B2 below.
      2.   Decorative Fences On Corner Lots: A decorative fence that is erected primarily for aesthetic purposes which does not obstruct visibility into or out of the lot or property, and is constructed of materials to enhance the appearance of a property or garden may be allowed; provided, that the placement and dimensions of any such decorative obstruction (not exceeding two (2) six foot (6') sections at a right angle and less than thirty six inches (36") in height) do not impede access to the lot by emergency personnel, do not create a line of sight or other traffic obstruction, or do not violate any provision of this title or any other ordinance of the city.
   C.   Barbed Wire, Wire, And Electric Fences:
      1.   Outside of any residential district and in connection with agricultural uses on parcels in excess of five (5) acres, metal mesh fences, wire strand, welded wire or other wire fences customarily used for agricultural purposes and uses are permitted.
      2.   In connection with commercial, industrial, and other nonagricultural uses, except as provided by subsection C3 of this section, barbed wire fence and electrically charged wire fence, metal mesh, wire strand, welded wire, or other wire fencing customarily used for agricultural purposes and uses may be allowed by special use permit in accordance with section 11-3-3 of this title.
      3.   Within residential districts or for residential purposes and for agriculture purposes on tracts less than three (3) acres, no barbed wire fence, electrically charged wire fence, metal mesh, wire strand, welded wire, or other wire fencing customarily used for agricultural uses shall be allowed. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 2191, 4-14-2008; 2013 Code; Ord. 3821, 7-25-2022)

11-12-8: HOME OCCUPATIONS:

   A.   Special Use Permit Required: Within the city, every home occupation shall be considered a special use.
   B.   Regulations: No home occupation shall be established or conducted except in conformity with the following regulations:
      1.   Unrelated Employees: A home occupation shall not employ any individuals who are unrelated to the family residing on the premises.
      2.   Floor Area: The total area used for a home occupation conducted in a dwelling shall not exceed twenty five percent (25%) of the gross floor area of said dwelling, or three hundred (300) square feet, whichever is less.
      3.   Dwelling Alterations: In any residential district, a dwelling shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.
      4.   Outdoor Storage: Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.
      5.   Nuisances: A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines.
      6.   Parking: See chapter 13 of this title.
      7.   Signs: A home occupation may display only one nonilluminated flat mounted identification sign. The area of the sign shall not exceed six (6) square feet. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)

11-12-9: RESIDENTIAL DRIVEWAYS, ACCESSWAYS AND PRIVATE STREETS:

   A.   New Driveways And Accessways: After the effective date hereof, all new construction creating driveways or accessways serving as access to residential dwellings within the corporate limits of the city within the R-1 or R-2 district shall be made of hard surface material (concrete, brick, asphalt, or other surfacing customarily used as hard surface roadway material as may be approved by the administrator), except temporarily during construction, and shall provide adequate drainage to existing drainageways. For the purposes of this section, "temporarily" shall mean less than twelve (12) consecutive months following initiation of construction activity on any tract or parcel, or such shorter time as may be prescribed by any covenant or restriction on the property.
   B.   Private Streets, Driveways And Accessways: New construction creating private streets, driveways or accessways serving as access to any residential dwelling within the R-1 or R-2 district where the dwelling is located in excess of one hundred feet (100') from the nearest hard surface street or highway or other governmentally maintained road may be allowed with nonhard surface material only as a special use. In addition to the requirements for a special use enumerated in section 11-3-3 of this title, the applicant must also show:
      1.   That the driveway or accessway is not an attempt to circumvent the requirements of any ordinance of the city providing for construction methods, materials, and placement of streets, or is in violation of any covenants or restrictions applicable to the property;
      2.   That the materials used are of sufficient grade and depth to provide assurance of access for emergency vehicles, personnel, and equipment; and
      3.   That the drainage caused by such driveway, accessway or private street and its elevation is adequately planned so as to divert any such drainage occasioned by its construction and maintenance from the property of adjoining neighbors to existing drainageways.
   C.   Private Streets And Driveways Upon Annexation: The annexation of any property into the city as an R-1 or R-2 district shall be conditioned upon:
      1.   The compliance with the provisions of subsection A or B of this section, as may be applicable, for all new construction; or
      2.   The resurfacing or reconstruction of any existing driveways with hard surface material (concrete, brick, asphalt, or other surfacing customarily used as hard surface roadway material as may be approved by the administrator) on such timetable as may be prescribed by the city, or obtaining a special use permit in accordance with the provisions of subsection B of this section, as may be applicable. (Ord. 2190, 4-14-2008)