Accessory buildings or structures, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

      (1)   Where the accessory building is structurally attached to a main building it shall be subject to, and must conform to, all regulations of this ordinance applicable to the main building.

      (2)   Accessory buildings and structures shall not be erected in any front yard.

      (3)   The area of the main building and accessory buildings on a lot shall in combination comply with the maximum building lot coverage allowed for the zoning district in which they are located.

      (4)   No accessory building shall be used for residence.

(Ord. No. 10-3, § 1, 3-26-10)

   (1)   Any accessory building shall be at least three (3) feet from the side of the lot line and three (3) feet from the rear lot line, except where there is an alley it must be at least five (5) feet from the rear lot where the doors open to the alley.

   (2)   Household animal enclosures, dog runs, that could or are likely to produce noise, odors, and other nuisances, shall not be located in any side yard and shall be located in the rear yard only.

   (3)   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the lot. No accessory building shall project beyond the front yard line on either side of the street.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 2023-O-03, § 1, 1-9-23)

No fence may be erected within the corporate limits of the city which does not comply with the following regulations:

   (1)   General regulations.

      (a)   In all districts except for agricultural districts, unless a written agreement signed by the adjacent owner of record is filed with the city clerk, a fence or wall must be erected, placed or maintained at least twelve (12) inches inside the lot line.

      (b)   No fence shall be erected on public property or right-of-way.

      (c)   For any fence which has supports on one (1) side of its fabric, the supports are to be on the inside (owner's) side, and the better appearing side of the fence is to face adjacent properties.

      (d)   No fence may be electrified except in agricultural districts.

      (e)   The owner of any fence erected over or under any utility line shall be responsible for the repair and maintenance of the fence should disturbance of the fence be necessitated by repair or maintenance of the utility line.

      (f)   Property owners are strongly encouraged to hire a licensed surveyor to locate the property lines prior to the construction of a fence.

   (2)   Regulations in residential districts.

      (a)   Any fence erected in a required front yard shall be at least fifty (50) percent open, and no fence erected in a required front yard may exceed four (4) feet in height measured from ground level. A clearance of three (3) inches shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be erected in the front of a residence on the same zoning lot. For through lots, that yard which is used as a rear yard, and which would normally be considered a rear yard for lots other than through lots, shall be considered a rear yard for purposes of erecting a fence. See Figure One in section 12.3.

      (b)   Any fence erected on the front or side street of a corner lot shall be restricted to the setback requirements of section 11.2, paragraph 2. Where a lot is located at the intersection of two (2) or more streets a privacy fence shall abide by the twenty-five (25') foot front yard setback (See Section 9.1, notes a) unless the primary structure is closer than twenty-five (25') feet from the property line. In such case the privacy fence may not project past the edge of the primary structure. See Figure Two in section 12.3.

      (c)   No fence may be erected which exceeds eight (8) feet in height above ground level.

      (d)   No fence may be constructed with barbed wire, metal spikes, or any other sharp pointed metal material. All chain link fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground.

   (3)   Regulations in business and industrial districts not utilized for agricultural uses.

      (a)   Any fence erected in a required front yard shall be at least fifty (50) percent open.

      (b)   Any fence erected on the front or side street of a corner lot shall be restricted to the same setback requirements as a building or structure.

      (c)   No fence may exceed a height of eight (8) feet above ground level. A clearance of three (3) inches shall be allowed for installation purposes and shall not count in determining the height of a fence.

      (d)   No fence may be constructed with barbed wire, metal spikes, or any other sharp pointed materials unless the sharp pointed materials are erected at least six (6) feet above ground level, but not higher than eight (8) feet above ground level. All chain link fences shall be installed with the barbed portion at or near the ground unless it is installed at least six (6) feet above ground level.

   (4)   Recreational purpose fences. Fences erected for the purposes of providing fencing around sports or recreation facilities shall not be subject to the height restrictions specified elsewhere in this section, provided that such facility or area is not located within twenty (20) feet of a zoning lot corner formed by the intersection of any two (2) street lines; the fence is at least seventy-five (75) percent open; and a fence permit is obtained.

   (5)   Permits.

      (a)   No fence may be erected within a residential, business or industrial district not utilized for agricultural uses unless a fence permit is obtained from the office of the zoning officer for a fee of fifteen dollars ($15.00). The individual or agency actually constructing the fence shall be responsible for obtaining the permit. No work shall start until the permit has been obtained. The fee for each permit shall be triple the above amount if the construction commences prior to the submission of the proper application and issuance of a permit.

      (b)   A fence permit will become null and void after ninety (90) days from the date of issuance if the fence authorized by said permit has not been completed.

   (6)   Variations. The provisions of article XXII concerning, but not limited to, burden of proof, evidence, notice of hearing and filing fees shall apply to all applications for a variation of any of the provisions of this section.

   (7)   Nonconforming fence regulations.

      (a)   The lawful use of any fence existing at the time of the passage of this ordinance may be continued, although such use does not conform with the provisions of this ordinance.

      (b)   A nonconforming use shall not be extended.

      (c)   A nonconforming fence may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty (50) percent of the current fair value of the fence unless said fence is changed to a conforming use. A fence designed for a nonconforming use, however, may be reconstructed or altered beyond the limitations herein provided by the action of the zoning board of appeals, after public hearing, as required by law in case of variations. The limitations herein provided shall not prohibit the restoration to a safe condition of any structure or portion thereof declared unsafe by a proper authority.

      (d)   If a nonconforming use has ceased for a period of one (1) year or more, it shall not be reestablished unless the nonconforming use was in a building designed, arranged, and intended for such use.

      (e)   Once changed to a conforming use, no fence shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use.

   (8)   Conflicting requirements. Any requirement or specification regulating fences that is contained in another section of the Code of Ordinances that is in conflict with a provision of this section shall take precedence over this section, but only to the extent of the conflict.

(Ord. No. 10-3, §§ 1, 18, 3-26-10; Ord. No. 12-17, § 1, 8-13-12; Ord. No. 2023-O-04, § 1, 1-9-23)

      (1)   A home occupation shall be considered a permitted accessory use in each district in which a residential dwelling unit is permitted and shall be subject to the following limitations:

         (a)   Not more than one (1) person, other than members of the immediate family residing in the unit, is engaged therein.

         (b)   All signage announcing the business shall comply with the Marshall Sign Code.

         (c)   The occupation must be conducted entirely within the dwelling or accessory structure except for the conduct of a roadside produce stand.

         (d)   No material or equipment storage outside the dwelling or an accessory structure on the same lot, except for perishable produce used in conjunction with the operation of a roadside produce stand.

         (e)   No more than six (6) clients or customers in the dwelling unit or on the premises during any period of sixty (60) consecutive minutes nor more than sixteen (16) in any given twenty-four (24) hour period. No more than two (2) business vehicles used in conjunction with the home occupation may be parked on the premises or on an adjacent street.

         (f)   No equipment, mechanical or electronic, to be used in a way which would create objectionable noise, odors, or electronic impulses or otherwise create a nuisance discernible beyond the property lines of the premise.

         (g)   Day/night care home occupations are exempt from subsections (1)(c) and (1)(e) of this section, however all such home occupations shall be properly licensed by the State of Illinois and/or any other applicable governmental agency; outside play areas shall be fenced; and hours of operation shall not be earlier than 6:00 a.m. and not later than 7:00 p.m.

         (h)   If more than one (1) home occupation is located within a dwelling unit, the combined impacts shall not exceed the standards contained in this section.

      (2)   Where the impacts of a home occupation will exceed the foregoing standards, the property owner must first request a special use permit.

(Ord. No. 10-3, §§ 1, 19, 3-26-10)

Accessory dwelling units shall be permitted in B-1 neighborhood business districts, B-2 general business districts and the B-4 downtown business district subject to the following conditions.

      (1)   The dwelling unit(s) shall be provided on any floor other than a floor where grade level access is provided.

(Ord. No. 10-3, §§ 1, 20, 3-26-10)

      (1)   Temporary uses. The following uses of land are allowed in each district subject to the specific regulations and time limits which follow, and also to the regulations of the district in which the use is located:

         (a)   Tent or similar temporary covering used for weather protection of goods which must be stored out-of-doors because of emergency conditions, provided that such use shall continue only during the duration of the emergency.

         (b)   Christmas tree sales for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard requirements of this ordinance, provided that no trees shall be displayed within the minimum setback for the zoning district.

         (c)   Seasonal greenhouses for a period not to exceed one hundred eighty (180) days. Display of nursery items need not comply with the yard requirements of this ordinance, provided that the seasonal greenhouse shall be displayed within the minimum setbacks for the zoning district.

         (d)   Contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, provided that such use shall continue only during the duration of such project and shall be promptly removed upon completion or abandonment of such project.

         (e)   Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incident to a new housing development, provided that such use shall continue only until the disposal of all dwelling units in the development.

         (f)   Carnival or circus when operated by a local nonprofit organization (not to be located in any residential district except on church or school property), provided that such use shall continue for a period not to exceed one (1) week. Such use shall comply with the minimum setback for the zoning district.

         (g)   Garage sales, rummage sales, or estate sales for a period of up to three (3) consecutive days.

      (2)   Prohibited temporary uses. Any nonpermanent structure, including any type of mobile unit used in whole or in part for business, as a residence, or for storage in any district in the city as specified:

         (a)   Storage trailers. Storage trailers may not be placed upon any lot zoned R-1, B-1 or B-4 nor may they be placed upon any other zoning lot except under the following circumstances:

            1.   When the trailer is being used in association with new construction occurring on the zoning lot or in a tract in which the zoning lot is located. Such storage trailer shall be removed within thirty (30) days after ninety (90) percent of all lots or units have been sold, rented, leased, or occupied in the tract or on the zoning lot being developed.

            2.   When the trailer is being used for a construction, remodeling, rehabilitation or special promotion not to exceed thirty (30) days.

            3.   When the trailer is being utilized for a permitted use or a special use in a particular zoning district.

         (b)   Existing storage trailers. Any storage trailer in use on April 1, 2010 shall be deemed to be a legal nonconforming use and may continue provided that the following requirements are met:

            1.   That there is no physical change other than necessary maintenance and repair to the storage trailer;

            2.   That it meets all other requirements of this article;

            3.   That when its use is discontinued for a period of six (6) months, the storage trailer will be removed;

            4.   That the storage trailer is used only as an accessory use. If the principal use on the zoning lot is discontinued, the storage trailer must be removed;

            5.   That the storage trailer must meet all applicable anchorage and tie down requirements of any building code, federal, state, or local statute, ordinance, or regulation; and

            6.   That, except in agricultural and manufacturing districts, all such storage trailers shall be removed on or before April 1, 2015.

(Ord. No. 10-3, §§ 1, 21, 3-26-10)

   (a)   Intent and purpose. Providing zoning regulations to guide the installation and operation of solar renewable energy systems to be used primarily on site and to accommodate sustainable energy production from renewable energy sources.

   (b)   Definitions.

      (1)   Renewable energy system: A system that generates energy from natural resources such as sunlight, wind, and geothermal heat as used herein, the term "renewable energy system" refers to solar energy systems only.

      (2)   Solar energy system: A system that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power.

      (3)   Solar energy system, building-integrated: A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of a building.

      (4)   Solar energy system, building-mounted: A solar energy system affixed to either the principal or accessory structure.

      (5)   Solar energy system, ground-mounted: A solar energy system that is not attached to another structure and is affixed to the ground, or that is attached to an antenna, light pole or other utility facility.

      (6)   Solar farm energy system: A commercial solar energy system that is used to convert sunlight to electricity for on-site or off-site use with the primary purpose being to provide or sell wholesale or retail electricity.

   (c)   Solar renewable energy systems.

      (1)   General requirements. The requirements set forth in this section shall govern the construction and/or installation of all renewable energy systems governed by this article.

         (a)   Applicability. The provisions of this ordinance are intended to establish parameters by which solar energy systems may be installed in the City of Marshall. Solar farm energy systems are not permitted. Additional renewable energy installations not addressed explicitly herein may be authorized, subject to compliance with the applicable building codes and standards of the City of Marshall.

         (b)   Use. Except as authorized by the superintendent of public works for public utility purposes, a renewable energy system shall be accessory to the principal permitted use of a site.

         (c)   Approvals. Approval granted to an individual property owner for a renewable energy system under the provisions of this ordinance shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping or other accessory improvements, even if such improvements may diminish the function of said renewable energy system.

   (d)   Permitting and installation.

      (i)   A City of Marshall building permit is required prior to the installation of any renewable energy system. Before a building permit is issued, the following shall be submitted to the City of Marshall for review:

         a)   A site plan showing:

            a.   Name, address and phone number of the property owner;

            b.   Property lines;

            c.   All structures;

            d.   Septic field;

            e.   Setback lines;

            f.   Location of all solar panels and associated equipment; and,

            g.   Location of the electrical disconnect for the solar energy system.

         b)   Evidence that the local electric utility has been informed of the customer's intent to install a customer-owned solar energy system.

         c)   Evidence that proper warning signage has been located to inform utilities of solar panels that are present on site.

      (ii)   The owner of a renewable energy system shall ensure that it is installed and maintained in compliance with applicable building and safety codes adopted by the City of Marshall and any other state or federal agency of applicable jurisdiction.

      (iii)   All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the building materials of the principal structure.

   (e)   Interconnection with public utilities—Electric.

      (1)   Energy produced by a renewable energy system shall be utilized on site, except for net metering as authorized by the City of Marshall and other applicable regulatory agencies required by law.

      (2)   The interconnection of any renewable energy system to the electric distribution grid shall be in accordance with applicable regulatory agencies required by law.

   (f)   Illumination of a renewable energy system shall be prohibited.

   (g)   No signage or attention-getting device is permitted on any renewable energy system.

   (h)   Screening. There shall be no required physical screening for renewable energy systems installed on roofs.

   (i)   Screening. There shall be required physical screening for renewable energy systems installed on grade. Screening shall comply with privacy fence ordinance, section 12-3.

(Ord. No. 20-02 , § 2, 1-13-20)

      (1)   Authorization of use.

         (a)   Building-integrated, building-mounted solar energy systems may be authorized administratively in all zoning districts in accordance with the requirements of this article and subject to approval by the City of Marshall or their designees.

         (b)   Ground mounted energy systems shall only be allowed in the industrial districts I-1 and I-2 as described in article VII, industrial districts in appendix A, zoning of the Marshall Code of Ordinances.

      (2)   Height.

         (a)   Building-mounted solar energy system. A building-mounted solar energy system may not extend above the peak roof height of the building to which the solar energy systems is affixed.

         (b)   Ground-mounted solar energy system. The maximum height of a ground-mounted solar energy system shall be six (6) feet as measured from the average grade at the base of the pole to the highest edge of the system.

      (3)   Location.

         (a)   Ground-mounted solar energy systems shall not be located within the required front yard or corner side yard or in any utility, water, sewer, or other type of public easement.

         (b)   All parts of any ground-mounted solar energy system shall be set back at least ten (10) feet from all property lines.

         (c)   Ground-mounted solar energy systems shall not exceed twenty (20) percent of the required rear or backyard.

      (4)   Maintenance and removal of renewable energy systems.

         (a)   Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.

         (b)   If the city determines that a renewable energy system fails to comply with the applicable provisions of this Code, the city shall provide written notification to the property owner. The property owner shall have a period of ninety (90) days from the date of notification to either restore the renewable energy system to operation or remove the system.

         (c)   In the event such renewable energy system is not brought into compliance with this Code within the specified time period, the city may remove or cause the removal of said facility at the property owner's expense.

         (d)   The city may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this Code.

   (e)   Any delay by the city in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the city's right to take any action at a later time.

   (f)   After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property's condition prior to the installation of the system. Installation shall comply subject to current codes.

(Ord. No. 20-02 , § 2, 1-13-20)