Marissa City Zoning Code
AMENDMENTS
§ 154.420 BOARD OF TRUSTEES TO AMEND.
(A) The Board of Trustees may amend this chapter in accordance with state law and the provisions of this section, proposed alterations of district boundaries, or proposed changes in the status of uses (permitted, special, and prohibited) shall be deemed proposed amendments.
(B) Amendments may be proposed by the Board of Trustees, the Zoning Board, the Plan Commission, the Zoning Administrator, or any party in interest.
(Prior Code, § 40-10-30)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-14
§ 154.421 FILING.
(A) Every proposal to amend this chapter shall be filed with the Zoning Administrator on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405/22.02a). The Administrator shall promptly transmit said proposal, together with any comments or recommendations he or she might wish to make, to the Zoning Board of Appeals for a public hearing.
(Prior Code, § 40-10-31) (Ord. 06-08, passed 6-19-2006)
§ 154.422 PUBLIC HEARING; NOTICE.
(A) The Board of Appeals shall hold a public hearing on every amendment proposal within 60 days after said proposal has been submitted to it. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.
(B) Notice indicating the time, date, and place of the hearing and the nature of the proposed amendment shall be given not more than 30 days, nor less than 15 days, before the hearing, by publishing a notice thereof in a newspaper published in the village, or, if no newspaper is published therein, then in a newspaper of general circulation within the village.
(Prior Code, § 40-10-32) (Ord. 06-08, passed 6-19-2006)
§ 154.423 ADVISORY REPORT; FINDINGS OF FACT.
(A) Within 30 days after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Board of Trustees. The report shall state the recommendations of the Zoning Board of Appeals regarding adoption of the proposed amendment and its reasons therefor.
(B) If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Zoning Board of Appeals shall include in its advisory report findings of fact concerning each of the following matters:
(1) Existing use and zoning of the property in question;
(2) Existing uses and zoning of other lots in the vicinity of the property in question;
(3) Suitability of the property in question for uses already permitted under existing regulations;
(4) Suitability of the property in question for the proposed use; and
(5) The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last re-zoned.
(Prior Code, § 40-10-33)
§ 154.424 ACTION BY BOARD OF TRUSTEES.
(A) The Board of Trustees shall act on every proposed amendment at its next regularly scheduled meeting following submission of the advisory report of the Zoning Board of Appeals.
(B) Without further public hearing, the Board of Trustees may approve or disapprove any proposed amendment or may refer it back to the Zoning Board of Appeals for further consideration by simple majority vote of all the members then holding office.
(Prior Code, § 40-10-34)
§ 154.425 WHEN TWO-THIRDS MAJORITY VOTE IS REQUIRED.
The favorable vote of at least two-thirds of the members of the Board of Trustees is required to pass an amendment to this chapter in each of the following instances:
(A) When passage would be contrary to the recommendation of the Board of Appeals; and
(B) When the amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered.
(Prior Code, § 40-10-35)
§ 154.426 NOTICE TO APPLICANT OF WRITTEN PROTEST.
In cases of written opposition to an amendment of this chapter as prescribed in § 154.425, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
(Prior Code, § 40-10-36)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-14
§ 154.999 PENALTY.
(A) (1) Any person who is convicted of a violation of this chapter shall be fined not less than $150, nor more than $750, plus costs. Each day on which a violation continues shall be considered a separate offense.
(2) Nothing contained in this section shall prevent the village from taking any other lawful action that may be necessary to secure compliance with this chapter.
(Prior Code, § 40-9-14)
(B) If the operating company does not adhere to the proposed plan, as described in § 154.225(C)(3), a fine of $500 per week will be assessed until the operating company or successor complies with the weed/grass control and fencing requirements.
(Prior Code, § 40-5-26)
(C) Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of § 154.228 may face fines of not less than $25, nor more than $500 for each offense.
(Prior Code, § 40-5-29)
(Ord. 96-5, passed 1-15-1996; Ord. 2018-10, passed 8-20-2018)
APPENDIX A: AREA AND BULK REGULATIONS
§ 154.032 Area and Bulk Regulations Summary Sheet | ||||||||
Accessory Buildings and Uses if Detached Minimum Distance to:
| ||||||||
Zone Districts | Maximum Height of Principal Building in Linear Feet | Maximum Coverage as a Percentage of Lot | Maximum Height in Linear Feet | Principal Building in Linear Feet | Front Lot Line in Linear Feet | Side Lot Adjacent to Street in Linear Feet | Other Side Lot Line, in Linear Feet | Rear Lot Line in Linear Feet |
A-1 Agricultural | 35 feet | N/A | 25 feet | N/A | 50 feet | 25 feet | 5 feet | 8 feet |
SR-1 Single- Family | 35 feet | 25% | 25 feet | N/A | N/A | 25 feet | 5 feet | 8 feet |
SR-2 Single- Family | 35 feet | 25% | 25 feet | N/A | N/A | 25 feet | 5 feet | 8 feet |
MR-1 Two- Family | 35 feet | 30% | 25 feet | N/A | N/A | 25 feet | 3 feet | 3 feet |
MH-1 Manufactured Housing | 35 feet | 25% | 25 feet | N/A | N/A | 25 feet | 5 feet | 8 feet |
B-1 Community Business | 35 feet | 50% | 25 feet | 15 feet | 15 feet | 25 feet | See Principal Building | 12 feet |
B-2 Highway Business | 35 feet | 50% | 25 feet | 15 feet | 15 feet | 25 feet | 15 feet | 12 feet |
I-1 Industrial | 60 feet | 40% | 25 feet | 15 feet | 15 feet | 25 feet | 15 feet | 12 feet |
§ 154.032 Area and Bulk Regulations Summary Sheet | ||||||||||
Minimum Lot Size | Minimum Yard Dimensions | |||||||||
Zone Districts | Maximum Number of Dwelling Units | Area (in Square Feet or Acres) | Width at Building Line (in Linear Feet) | Mean Depth (in Linear Feet) | Depth of Front Yard (in Feet) | Depth of Side Yard Abutting Street (in Feet) | Depth of Side Yard Abutting a Lot (in Linear Feet) | Minimum Distance to Nearest Principal on Adjacent Lot (in Feet) | Depth of Rear Yard (in Linear Feet) | |
Total for Both | Minimum for Either | |||||||||
§ 154.032 Area and Bulk Regulations Summary Sheet | ||||||||||
Minimum Lot Size | Minimum Yard Dimensions | |||||||||
Zone Districts | Maximum Number of Dwelling Units | Area (in Square Feet or Acres) | Width at Building Line (in Linear Feet) | Mean Depth (in Linear Feet) | Depth of Front Yard (in Feet) | Depth of Side Yard Abutting Street (in Feet) | Depth of Side Yard Abutting a Lot (in Linear Feet) | Minimum Distance to Nearest Principal on Adjacent Lot (in Feet) | Depth of Rear Yard (in Linear Feet) | |
Total for Both | Minimum for Either | |||||||||
A-1 Agricultural | 1 | 3 acres | 150 feet minimum | 200 feet minimum | 40 feet minimum | 25 feet minimum | 25 feet | 10 feet | N/A | 25 feet |
SR-1 Single- Family | 1 | 10,000 square feet | 75 minimum | 100 feet minimum | 25 feet minimum | 25 feet minimum | 25 feet | 10 feet | N/A | 25 feet |
SR-2 Single- Family | 1 | 7,000 square feet | 50 feet minimum | 100 feet minimum | 25 feet minimum | 25 feet minimum | 15 feet | 5 feet | N/A | 25 feet |
MR-1 Two- Family | 1 per 2,500 square feet | 10,000 square feet minimum | 80 feet minimum | 100 feet minimum | 25 feet minimum | 25 feet minimum | 15 feet | 7.5 feet | 15 feet | 25 feet |
MH-1 Manu- factured Housing | 1 | 6,000 square feet | 50 feet minimum | 100 feet minimum | 25 feet minimum | 25 feet minimum | 15 feet | 5 feet | 20 feet | 20 feet |
B-1 Community Business | N/A | 5,000 square feet | 50 feet minimum | 100 feet minimum | 25 feet minimum | None required, but if provided or when abutting an SR or MR District, a side yard of 15 feet is required | N/A | |||
B-2 Highway Business | N/A | 20,000 square feet | 125 feet minimum | 120 feet minimum | 50 feet minimum | 50 feet minimum | 50 feet | 25 feet | N/A | 25 feet |
I-1 Industrial | N/A | 20,000 square feet | 125 feet minimum | 150 feet minimum | 50 feet minimum | 50 feet minimum | 50 feet | 25 feet | N/A | 25 feet |
(Prior Code, Ch. 40)
APPENDIX B: CORNERS; RESTRICTED AREA
(Prior Code, Ch. 40)
APPENDIX C: LOT TERMS
(Prior Code, Ch. 40)
APPENDIX D: SIGN AREA
Prior Code, Ch. 40)
APPENDIX E: LOTS CORNER TYPES
(Prior Code, Ch. 40)