Marissa City Zoning Code
GENERAL DISTRICT
REGULATIONS
§ 154.020 ESTABLISHMENT OF DISTRICTS.
In order to implement the regulatory scheme of this Zoning Code so as to achieve the objectives enumerated in § 154.002, the entire village is hereby divided into the following zoning districts:
District | Designation | Minimum Area1 |
District | Designation | Minimum Area1 |
Agricultural | A-1 | 3 acres |
Community Business | B-1 | 1 acre |
Highway Business | B-2 | 2 acres |
Industrial | I-1 | 5 acres |
Manufactured Housing | MH-1 | 5 acres |
Multiple-Family Housing | MH-1 | 3 acres |
Planned Development2 | PD | 5 acres |
Single-Family Residence (Large) | SR-1 | 5 acres |
Single-Family Residence (Small) | SR-2 | 3 acres |
Notes: 1: The minimum area requirement (which is intended to prevent spot zoning) refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the acreage of numerous noncontiguous parcels, when aggregated, happens to equal or exceed the minimum area indicated above 2: As established by separate ordinances | ||
(Prior Code, § 40-3-1) (Ord. 06-08, passed 6-19-2006)
§ 154.021 ZONING MAP AND DISTRICT BOUNDARIES; PUBLICATION.
(A) (1) The boundaries of the listed zoning districts are hereby established as shown on the Official Zoning Map of the village.
(2) This map, including all notations, and other information thereof is hereby made a part of this code by reference. The Official Zoning Map shall be kept on file in the Zoning Administrator’s office.
(Prior Code, § 40-3-2)
(B) In accordance with state law, if any changes are made in the zoning districts or regulations during a calendar year, the Zoning Administrator shall publish the revised official zoning map of the village not later than March 31 of the following year. The map shall be published if there are any annexations.
(Prior Code, § 40-3-3)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-19
§ 154.022 DETERMINING TERRITORY OF DISTRICTS WITH PRECISION.
In determining with precision what territory is actually included within any zoning district, the Zoning Administrator shall apply the following rules:
(A) Where a district boundary as indicated on the zoning map approximately follows any of the features listed below on the left, the corresponding feature on the right shall be deemed the district boundary:
Centerline of any street, alley, or highway | such centerline |
Lot line | such lot line |
Railroad tracks | right-of-way line of such tracks |
Stream | center of such stream |
Section, fraction, or survey lines | such lines |
(B) Whenever any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.
(Prior Code, § 40-3-4)
§ 154.023 ANNEXED TERRITORY.
Any territory hereafter annexed to the village shall automatically be in the SR-1 Single Family Residence District until duly changed by an amendment to this chapter; except that the Board of Trustees, with the advice of the Zoning Board, may annex any territory as any other zoning district or districts herein established if all legal requirements for zoning the property at the time of the annexation and the requirements for amending this code by the extension of the zoning district provisions are met. (See § 154.420 for amendments.)
(Prior Code, § 40-3-5)
§ 154.024 PROHIBITIONS; UNLISTED USES.
(A) Hereafter, it shall be unlawful to do the following within the village:
(1) Erect, use, occupy, enlarge, alter, relocate, or reconstruct any structure or part thereof (except in conformity with the provisions of this chapter);
(2) To create any lot (except in conformity with the provisions of this chapter); or
(3) To use, occupy, or develop any lot or part thereof (except in conformity with the provisions of this chapter).
(Prior Code, § 40-3-6)
(B) Whenever any use is not specifically listed as “permitted” or “special” within a particular zoning district, such use shall be deemed prohibited in that district. However, if the Board of Trustees, following consultation with the Zoning Administrator and the Zoning Board of Appeals finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use. The decision of the Village Board shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.
(Prior Code, § 40-3-7)
§ 154.025 MEETING MINIMUM REQUIREMENTS.
Except as specifically provided otherwise elsewhere in this chapter, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without counting any portion of any abutting lot.
(Prior Code, § 40-3-8)
§ 154.026 ACCESS REQUIRED.
No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to a public street or private street.
(Prior Code, § 40-3-9)
§ 154.027 FRONT SETBACKS.
(A) Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage. (See Appendix E.)
(Prior Code, § 40-3-10)
(B) Except as specifically provided otherwise in the B-1 Community Business District and in all residential zoning districts where lots having 50% or more of the frontage on one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet, the minimum required front setback on that block shall be the average of the existing front setbacks, but no less than five feet; provided, however, that in any built-up area, no front setback greater than 50 feet shall be required.
(Prior Code, § 40-3-11)
§ 154.028 INTRUSIONS INTO YARDS.
To the extent indicated below, the following features of principal buildings may intrude into required yards without thereby violating the minimum setback requirements:
Features | Maximum Intrusion |
Balconies and decks | 4 feet |
Canopies, roof overhangs | 4 feet |
Cornices, chimneys, planters, or similar architectural features | 2 feet |
Fire escapes | 4 feet |
Patios uncovered at ground level | No limit |
Porches, if unenclosed and at ground level | 6 feet |
(Prior Code, § 40-3-12)
§ 154.029 HEIGH LIMIT; EXCEPTIONS.
(A) Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the village.
(B) Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points 30 feet from the point of intersection, no obstruction, whether natural or human-made, shall intrude into the air space that is between two feet and 10 feet above the level of the adjacent street. (See Appendix A.)
(Prior Code, § 40-3-13)
§ 154.030 SEWERS AND SEPTIC TANKS.
In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements.
(A) Whenever the public sanitary sewerage system is reasonably accessible (that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed 100 feet), all sewage shall be discharged into such system whether or not a private sewerage system already exists or is more convenient.
(B) Whenever the public sanitary sewerage system is not reasonably accessible, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:
(1) The State Private Sewage Disposal Licensing Act, 225 ILCS 225/1 through 225/23, as amended from time to time;
(2) The State Private Sewage Disposal Code No. 4.002, being 77 Ill. Adm. Code pt. 905, promulgated by the Director of the State Department of Public Health, as amended from time to time;
(3) Pertinent, current regulations issued by the State Environmental Protection Agency; and
(4) Applicable codes and regulations of the village, particularly the Subdivision Code.
(C) The Zoning Administrator shall not issue any certificate of zoning compliance unless, following consultation with the Village Engineer, he or she is satisfied that these requirements will be met. (See Title V of this code of ordinances.)
(Prior Code, § 40-3-14)
§ 154.031 ACCESSORY USES; RESTRICTIONS.
(A) (1) Any accessory use shall be deemed permitted in a particular zoning district if such use:
(b) Is accessory to a principal structure or use that is allowed in a particular zoning district as a permitted or special use; and
(c) Is in compliance with restrictions set forth in division (B).
(2) If an accessory structure is attached to a principal structure, it shall be considered part of such structure. (See the definition of “attached” in § 154.007(B).)
(3) Roof overhangs on accessory structures not attached to the principal structure shall not encroach more than two feet into the required setback distance.
(Prior Code, § 40-3-15)
(B) (1) No accessory use shall be higher than 25 feet in any zoning district; provided, there shall be no height limit on accessory structures related to agriculture.
(2) No accessory use in any zoning district shall be located in any part of any yard (front, side, or rear) that is required because of the setback regulations of such district; provided that in the agricultural district or in any residential district, an accessory use may be located as close as five feet to any side or eight feet to any rear lot line.
(3) Accessory uses shall not cover more than 30% of a required rear yard.
(4) Use of any accessory structure as a dwelling is strictly prohibited throughout the village.
(Prior Code, § 40-3-16)
§ 154.032 AREA-BULK REGULATIONS.
To facilitate public understanding of this chapter, the area-bulk regulation schedule is hereby adopted and declared to be an integral part of this chapter and it may be amended in the same manner as any other part of this chapter. The schedule is found in Appendix A at the conclusion of this chapter.
(Prior Code, § 40-3-17)
§ 154.033 TEMPORARY USES.
(A) Except as specifically provided otherwise in this chapter, no temporary structure shall be used or occupied for any purpose, and no land shall be used for temporary enterprise, whether for profit or not-for-profit, unless a temporary use permit has been obtained.
(B) No temporary use permit shall be valid for more than one year unless it is properly renewed. (See § 154.400.)
(Prior Code, § 40-3-18)