Marion City Zoning Code
CHAPTER 2
RULES AND DEFINITIONS
11-2-1: RULES OF WORD CONSTRUCTION:
In constructing the intended meanings of terms used in this title, the following rules are observed:
B. Words used in the present tense shall include the future tense.
C. The term "shall" is mandatory; the term "may" is discretionary.
D. All distances shall be measured to the nearest integral foot; six inches (6") or more shall be deemed one foot (1').
E. References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
11-2-2: DEFINITIONS:
ABUTTING: As applied to lots, means having a common lot line or district line, or so located in relation to each other that there would be a common lot line or district line but for the existence of a street, alley, or other public right of way.
ACCESSORY USE: Any structure or use that is:
A. Subordinate in size or purpose to the principal structure or use which it serves;
B. Necessary or contributing to the comfort and convenience of the occupants of the principal structure or use served; and
C. Located on the same lot as the principal structure or use served.
ACCESSWAY: A curb cut, ramp, driveway, or other means for providing vehicular access to an off street parking or loading area.
ADMINISTRATOR: The person or agent assigned to administer this title by the Marion city council.
AGRICULTURE: Any one or any combination of the following: the growing of farm or truck garden crops, dairying, pasturage, horticulture, floriculture, or animal/poultry husbandry. The term "agriculture" encompasses the farmhouse and accessory uses and structures customarily incidental to agricultural activities.
AISLE: A vehicular trafficway within an off street parking area, used as a means of access/egress from parking spaces.
ALLEY: A public right of way which affords a secondary means of vehicular access to abutting premises that front on a nearby street.
ALTER: To change the size, shape, or use of a structure.
AMENDMENT: A change in the provisions of this title, including those portions incorporated by reference, properly accomplished in accordance with state law and the procedures set forth herein.
APARTMENT: See definition of Dwelling, Multiple-Family.
ATTACHED: As applied to buildings, means having a common wall and/or common roof.
BED AND BREAKFAST ESTABLISHMENT: An operator occupied residence providing accommodations for a charge to the public with no more than five (5) guestrooms for rent. Meals may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses or food service establishments.
BLOCK: An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrianways, or exterior boundaries of a subdivision) or bounded by a combination of streets, public parks, cemeteries, railroad rights of way, waterways, or corporate boundary lines.
BOARD OF APPEALS: The zoning board of appeals of the city of Marion, Illinois.
BUILDING: Any covered structure permanently affixed to land and designed to be used to shelter persons or chattels.
BUILDING HEIGHT: The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs. Chimneys, towers, cooling towers and similar projections shall not be included in calculating building height.
BUILDING LINE: The line nearest the front of and across a lot, delineating the minimum open space required between the front of a structure and the street right of way line.
CITY: The city of Marion, Illinois.
CLINIC: An establishment where licensed physicians, chiropractors, dentists, or other practitioners of the healing arts, who are licensed by the state of Illinois, respectively practice medicine, chiropractic, or dentistry but where overnight lodging for sick or injured persons is not provided.
CLUB/LODGE: A nonprofit association of people who are bona fide members organized for some purpose(s) that includes the rendering of a service customarily carried on as a commercial enterprise.
CONFORMING: In compliance with the applicable provisions of this title.
CONVENTIONALLY BUILT: A generic type of construction activity, exclusive of mobile homes, involving the original assembly of building materials or final assembly of unitized components on a construction site within the zoning jurisdiction of the city of Marion, Illinois.
DAYCARE CENTER: See definition of Nursery School.
DETACHED: As applied to buildings, means surrounded by yards on the same lot as the building and not otherwise attached to a second structure.
DEVELOP: To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation thereof.
DIMENSIONS: Refers to lot depth and width.
DISTRICT, ZONING: A portion of the territory subject to this title wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this title.
DRIVEWAY: A minor way commonly providing vehicular access to a garage or off street parking area.
DWELLING: A building or portion thereof designed or used primarily as living quarters for one or more families, but not including hospitals, nursing homes, hotels, motels, or other accommodations for the transient public.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing two (2) or more dwelling units.
DWELLING, SINGLE-FAMILY: A building intended for the use of one family as living quarters.
DWELLING UNIT: One or more rooms designed or used as living quarters by one family. A "dwelling unit" always includes at least one bathroom and a kitchen.
EASEMENT: A right to use another person's real property for certain limited purposes.
ENCLOSED: As applied to a building, means covered by a permanent roof and separated on all sides from adjacent open space or other buildings by fixed exterior walls or by common walls, with openings only for windows and doors.
ENLARGE: To increase the size (floor area, height, etc.) of an existing structure or to devote more land to an existing use.
ERECT: To build or construct.
ESTABLISHMENT: Either of the following:
A. An institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; or
B. An institutional, business, commercial, or industrial activity that occupies a portion of a building such that:
1. The activity is a logical and separate entity from the other activities within the building and not a department of the whole; and
2. The activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building.
EXISTING: Actually constructed or in operation on the effective date hereof.
FAMILY: One person, or two (2) or more persons related by blood, marriage, or legal adoption, or not more than three (3) unrelated persons, maintaining a common household in a dwelling unit.
FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of the exterior walls or from the center of the common walls of attached buildings. Gross floor area includes basement floors, attic floor space, halls, closets, stairwells, space devoted to mechanical equipment, and enclosed porches.
FRONTAGE: The linear extent of the front (street side) of a lot.
GREENHOUSE: A building in which trees, shrubs, and other plants are raised for transplanting and sale in support of agricultural, wholesale, or retail enterprises.
HOME OCCUPATION: Any business, profession, or occupation conducted for gain entirely within a dwelling or on residential premises in conformity with the provisions of this title.
HOSPITAL: An institution devoted, on an around the clock basis, to the maintenance and operation of facilities for the diagnosis, treatment, or care of members of the general public suffering from disease, injury, or other abnormal physical conditions. The term "hospital", as used in this title, includes sanatoriums but excludes institutions operating solely for the treatment of mentally ill, drug addicts or alcoholics, and convalescent/nursing homes.
IMMOBILIZE: As applied to a mobile home, means to remove the wheels, tongue, and hitch and/or to place on a permanent foundation.
INTERSECTION: The point at which two (2) or more public rights of way (generally streets) meet.
KENNEL: Any structure or premises or portion thereof on which more than three (3) dogs, cats, or other household domestic animals over four (4) months of age are kept.
LOADING SPACE: An off street space used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT: A tract of land intended as a unit for the purpose (whether immediate or future) of transfer of ownership or development. A lot may or may not coincide with a "lot of record".
LOT AREA: The area of a horizontal plane bounded by the front, side, and rear lines of a lot.
LOT, CORNER: A lot having at least two (2) sides that abut along their full length upon street rights of way but not along alleys or other minor ways. Both lot lines that abut street rights of way shall be deemed front lot lines.
LOT COVERAGE: The portion of a lot that is occupied by buildings or structures, including accessory buildings or structures.
LOT DEPTH: The average horizontal distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT: The lot boundary abutting the street right of way.
LOT LINE, REAR: An interior lot line which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE: Any boundary line of a lot which is not a front lot line or a rear lot line.
LOT SIZE REQUIREMENTS: Refers to the required area, width, and depth dimensions of a lot within a given zone district.
LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel street rights of way. Both lot lines shall be deemed front lot lines.
LOT WIDTH: The average horizontal width of a lot measured at right angles to the side lot lines.
MAINTENANCE: The routine upkeep of a structure, premises, or equipment, including the replacement or modification of structural components to the extent necessary to keep the said structure in sound condition.
MOBILE HOME: Regardless of intended or ultimate use, a structure designed to permit transport on its own wheels and chassis including, but not limited to, "doublewides" and "modulars".
MOBILE HOME PARK: A lot(s), not more than two (2) acres in area, in single ownership/control, developed with facilities for accommodating occupied mobile homes in accordance with the requirements of the Marion mobile home regulations.
MOBILE HOME STANDARDS: Standards applying to the space beneath a mobile home that includes a concrete slab or runners on which the home is placed.
NONCONFORMING: As applied to a lot, structure, or use, means: a) lawfully existing on the effective date hereof; but b) not in compliance with the applicable provisions hereof.
NUISANCE: Any thing, condition, or conduct that endangers health, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.
NURSERY: A tract of land on which trees, shrubs, or other plants are raised for transplanting and sale, and including any structure in which said activities are conducted.
NURSERY SCHOOL: An establishment for the part time care and/or instruction of four (4) or more unrelated children of preelementary school age.
NURSING HOME: A building used as a medical care facility for persons who need long term nursing care and medical services, but do not require intensive hospital care.
OFFICE: Any building or portion thereof in which the business (usually clerical and administrative affairs) of a commercial/service enterprise or professional person is transacted.
PARKING AREA/LOT, OFF STREET: Land that is improved in accordance with this title and used primarily for the storage/parking of passenger motor vehicles, free of charge or for compensation. An "off street parking area", depending upon the circumstances of its use, is either a principal use or an accessory use.
PARKING SPACE, OFF STREET: An area at least twenty feet (20') long and ten feet (10') wide within an off street parking area or garage, used for parking or storage of one passenger motor vehicle.
PERMITTED USE: Any use which is or may be lawfully established in a particular district, provided it conforms with all the requirements applicable to said district.
PERSON: Any individual, firm, association, organization, or corporate body.
PET BOARDING FACILITY: An animal facility used for the care and temporary boarding (including daycare) of dogs and cats and other animals normally kept as pets, in return for consideration, not including an animal hospital which only boards animals receiving medical treatment.
PLOT: A parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or by metes and bounds.
PREMISES: A lot and all the structures and uses thereon.
PRINCIPAL BUILDING/STRUCTURE/USE: The main structure erected on or the main use occupying a lot, as distinguished from an accessory (subordinate) structure or use.
PROPERTY LINE: See definition of Lot Line, Front, Lot Line, Rear and Lot Line, Side.
RECONSTRUCT: As applied to nonconforming structures, means to rebuild after partial or total destruction.
RELOCATE: To move to another location on a lot or to a different lot.
REPAIR: To restore to sound condition, but not to reconstruct.
RETAIL: Refers to the sale of goods or services directly to the consumer rather than to another business.
RIGHT OF WAY, PUBLIC: A strip of land which the owner/subdivider has dedicated to the city or to another unit of government for streets, alleys or public passage.
SERVICE USE/ESTABLISHMENT: Any land use or establishment wherein services are provided for remuneration either to individuals or to other firms.
SETBACK: The distance between the front lot line and the building line; or between a side or rear lot line and that side of the structure which faces such lot line; or between the appropriate lot line and the nearest boundary of the area of operation which is approximately parallel to such lot line.
SINGLE-FAMILY RESIDENCE: See definition of Dwelling, Single- Family.
SKIRTING: The covering affixed to the bottom of the exterior walls of a mobile home to conceal the underside thereof.
SPECIAL USE: A use that has unusual operational, physical, and other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. "Special uses" commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by permit.
SPECIAL USE PERMIT: A permit issued in accordance with the provisions of this title to regulate the development/operation of a special use.
STABLE: A structure, situated on the same lot as a dwelling, and designed or used for housing horses for the private use of occupants of the dwelling, but not for hire.
STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, and similar designations, but excludes an alley or a way for pedestrian use only.
STREET, PRIVATE: Any street providing access to abutting property that is not maintained by or dedicated to the city or another public entity.
STRUCTURE: Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures, but not all structures are buildings.
STRUCTURE, TEMPORARY: Any structure that is not attached to a permanent foundation.
TEMPORARY USE PERMIT: A permit issued in accordance with provisions of this title and valid for not more than one year, which allows the erection or occupation of a temporary structure or the operation of a temporary enterprise.
TOPOGRAPHY: The physical relief features or surface configuration of an area.
USE: The purpose or activity for which land or a structure thereon is designed, occupied, or used.
USE VARIANCE: An amendment (not variance) that allows a use in a district where said use would not be allowed under existing provisions of this title.
UTILITY SUBSTATION: A secondary utility facility such as an electrical substation, gas regulator station, telephone exchange facility, and sewage treatment plant.
VARIANCE: A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.
WHOLESALE: Refers to the sale of goods or services by one business to another business.
YARD: Open space that is unobstructed except as specifically permitted in this title and is located on the same lot as the principal building.
YARD, FRONT: A yard which is bounded by side lot lines, front lot lines, and the building line.
YARD, REAR: A yard which is bounded by side lot lines, rear lot lines, and the rear building line.
YARD, SIDE: A yard which is bounded by the rear yard line, front yard line, side property line and side building line.
ZONING MAP: The map and any amendments thereto designating zoning districts, and incorporated into this title by reference. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 2118, 12-11-2006; 2013 Code; Ord. 3142, 12-9-2013)