Unless specifically defined in this section or elsewhere in this ordinance, words or phrases in this ordinance shall be interpreted giving them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application.

For the purpose of this ordinance certain terms or words used herein shall be interpreted or defined as follows:

Words used in the present tense include the future tense.

The singular number includes the plural.

The word "person" includes a corporation as well as an individual.

The word "lot" includes the word "plot" or "parcel".

The term "shall" is always mandatory.

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

   Accessory building: A subordinate building, the use of which is incidental to that of the main building, and which is located on the same lot as the main building. A carport is considered an accessory building.

   Accessory use: A subordinate use which is clearly and customarily incident to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to locate elsewhere.

   Adult arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, and where the images so displayed are distinguished or characterized by an emphasis on matters exhibiting, depicting or describing "specified sexual activities" or "specified anatomical areas" or any combination thereof. No viewing booth or room may be occupied by more than one (1) person at any time (see section 22-86 for restrictions).

   Adult bookstore: An establishment that satisfies one (1) or more of the following criteria is an adult bookstore:

      (1)   Floor area. A substantial or significant portion of the floor area or more than 225 square feet of the floor area of the establishment is devoted to the selling, renting, exhibiting, displaying or presenting of adult media, not including storerooms, stock areas, bathrooms, basements, or any other portion of the establishment not open to the public;

      (2)   Gross sales. A substantial or significant portion of the establishment's gross sales (including rentals) is derived, on a weekly basis, from the sale, rental or viewing of adult media;

      (3)   Inventory. A substantial or significant portion of the retail dollar value of all inventory at any one (1) time consists of adult media;

      (4)   Merchandise displayed. A substantial or significant portion of the retail dollar value of all merchandise displayed at any one (1) time consists of adult media;

      (5)   Stock in trade. A substantial or significant portion of all stock of the establishment (whether measured by retail dollar value or number of items) consists at any one (1) time of adult media; or

      (6)   Self-designation. Holds itself out to the public as a purveyor of adult media based upon its signage, advertising, displays, actual sales or exclusion of minors from the establishment's premises.

   Adult entertainment cabaret: A public or private establishment that regularly features strippers, dancers, or other entertainers for observation by patrons who:

      (1)   Display or focus their performance on "specified anatomical areas"; or

      (2)   By reason of their appearance or conduct perform in a manner that is designed primarily to appeal to the prurient interest of the patron; or

      (3)   Engage in, or are engaged in, explicit simulation of "specified sexual activities".

   Adult media: Any of the following, whether new or used, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or any combination thereof:

      (1)   Books, newspapers, magazines, periodicals, or other printed matter, pictures, drawings, photographs, or digitally stored materials; or

      (2)   Films, movies, motion pictures, videos, videotapes, video or audio cassettes, tapes, records, sound recordings, video reproductions, compact discs, digital video discs (DVDs), slides or other forms of visual or audio representations or recordings of any kind or computer displays, CD-ROMs or other devices used to record images, for sale or viewing (whether for viewing off the premises or on the premises); or

      (3)   Any other media, printed or written, or any electrical or electronic reproduction of anything that is or may be used as a means of communication.

   Adult motion picture theater: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for viewing therein by more than one (1) patron at a time. An "adult motion picture theater" is distinguished from an "adult arcade" as defined herein, in that patrons shall not be able to bring their own materials for viewing, the material available for viewing shall be preselected by the theater, and viewing of the material is available to more than one (1) individual simultaneously.

   Adult novelty: Novelty items including, but not limited to, clothing, dishware (cups, mugs, serving trays, etc.), posters, statues or figurines, or decorations and party goods (streamers, disposable dishware, balloons, etc.), that depict or relate to "specified sexual activities" or "specified anatomical areas" or any combination thereof.

   Adult novelty store: An establishment that satisfies one (1) or more of the following criteria is an adult novelty store:

      (1)   Floor area. Five (5) percent or more of the floor area of the establishment is devoted to the selling, renting, exhibiting, displaying or presenting of sexual devices, not including storerooms, stock areas, bathrooms, basements, or any other portion of the establishment not open to the public;

      (2)   Gross sales. Five (5) percent or more of the establishment's gross sales (including rentals) is derived, on a weekly basis, from the sale or rental of sexual devices;

      (3)   Inventory. Five (5) percent or more of the retail dollar value of all inventory at any one (1) time consists of sexual devices;

      (4)   Merchandise displayed. Five (5) percent or more of the retail dollar value of all merchandise displayed at any one (1) time consists of sexual devices;

      (5)   Stock in trade. Five (5) percent or more of all stock of the establishment (whether measured by retail dollar value or number of items) consists at any one (1) time of sexual devices;

      (6)   Self-designation. Holds itself out to the public as a purveyor of sexual devices based upon its signage, advertising, displays, actual sales or exclusion of minors from the establishment's premises;

Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services.

   Adult use: Adult arcades, adult bookstores, adult entertainment cabarets, adult motion picture theaters, adult novelty stores and other similar uses which are designed primarily to appeal to the prurient interest or sexual gratification of the patron by engaging in the sale or rental of materials or items distinguished or characterized by their emphasis on or use for "specified sexual activities" or "specified anatomical areas," or any combination thereof, or an establishment that holds itself out to the public as a purveyor of such materials or features entertainers who engage in, or are engaged in explicit simulation of "specified sexual activities" or frequently features entertainers who display "specified anatomical areas."

For the purpose of this paragraph "holds itself out" includes, but is not limited to, signage that uses, or by its configuration of letters, words or images depicts or portrays:

      (1)   The term "adult"; or

      (2)   The designation of one (1) or more "X" such as, but not limited to, "XXX"; or

      (3)   Human genital, or any portion thereof; or

      (4)   Pubic region, or any portion thereof; or

      (5)   Buttock; or

      (6)   Female breast.

   Agriculture: Agricultural cropping, the keeping, raising, and feeding of livestock or poultry including: dairying, poultry, swine, beef cattle, pony and horse productions, fish and wildlife farms, roadside stands, farm buildings for storing and protecting farm machinery and equipment from the elements and including the housing of livestock or poultry, and for other uses on the farm. Agriculture, as defined herein, includes all types of agricultural operations, but does not include industrial operations such as a grain elevator, a canning operation, or slaughterhouse, wherein agricultural products produced primarily by others are stored or processed. Nor does agriculture, as defined herein, include swine confinement operations; these are treated under the terms of this ordinance as an industrial use. In addition to the standards set forth for industrial uses in this ordinance, swine confinement operations shall also be subject to: the statutory requirements of the Livestock Management Facilities Act (510 ILCS 77/1 et seq.); the statutory requirements of the Illinois Administrative Procedure Act (5 ILCS 100/1-1 et seq.); the requirements of the Illinois Pollution Control Board as set forth under Livestock Waste Regulations 35 ILL. Adm. Code 506; R97-15 (A) (Rule Making-Land).

   Alterations: As applied to a building or structure, is a change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing height; or the moving from one (1) location or position to another.

   Area, building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

   Building: Is a structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property; including tents, lunch wagons, dining cars, camp cars, trailers, and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. For the purposes of this definition "roof", shall include an awning or other similar covering, whether or not permanent in nature.

   Building, front line of: The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.

   Building, height of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge of gable, hip and gambrel roofs.

   Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

   Code of Ordinances: The Code of Ordinances of the City of Marshall.

   Community living facility, category I: A community living facility with a basic group limited to not more than four (4) service dependent individuals plus a maximum of two (2) resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements and shall not be for crisis or short-term, transient placement.

   Community living facility, category II: A community living facility with a basic group limited to not more than eight (8) service dependent individuals plus a maximum of two (2) resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements and shall not be for crisis or short-term, transient placement.

   Community living facility, category III: A community living facility with a basic group limited to not more than sixteen (16) service dependent individuals plus a maximum of two (2) resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations. Said facility is intended for permanent placements and shall not be for crisis or short-term, transient placement.

   Coverage: That percentage of the plot or lot area covered by the building area.

   Daycare center/nursery school: A building or portion thereof, properly licensed by the State of Illinois or any other applicable government agency used solely to receive infants, preschool, or school age children, or combinations thereof, for short-term care, not providing for overnight occupancy, and used to provide the essential personal care, protection, supervision, training or programs to meet the needs of the children served but which shall not include school or day/night care home.

   Day/night care home: A dwelling unit actually occupied by a family and use throughout for family living, properly licensed by the State of Illinois or any other applicable governmental agency which is used or designed to be used for care of infants, preschool or school age children. In no case shall children be received for care for a period of greater than twenty-four (24) consecutive hours. A day/night care home is a home occupation.

   Dwelling: Any building, but not a travel trailer, which is exclusively designed for or used for one (1) or more dwelling units.

   Dwelling, farm: See "farm dwelling."

   Dwelling, multiple: A building used as a residence for more than two (2) families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, group houses and row houses.

   Dwelling, single-family: A building used as a residence exclusively by one (1) family.

   Dwelling, two-family: A building used as a residence exclusively by two (2) families.

   Dwelling unit: One (1) room or suite of two (2) or more rooms in a building designed for and used by one (1) family for living and sleeping purposes, containing its own kitchen and bathroom facilities, and having its own independent entry/access from the exterior of the structure or from a common interior hallway.

   Family: A group of one (1) or more persons occupying a dwelling unit and living and cooking together as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than five (5)persons.

   Farm dwelling: A dwelling unit located within the agricultural district occupied by farm owners, farm operators, tenant farmers or seasonal or year-round hired farm workers.

   Filling stations: Any building or premises used for dispensing, sale or offering for sale at retail of any automobile fuel or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage.

   Garage, private: An accessory building housing not more than four (4) motor vehicles, not more than one of which may be a commercial vehicle of not more than one and a half tons capacity, for the use of the occupants of the lot on which the private garage is located, or for others pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold.

   Garage, public: Any garage or other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, selling or equipping of automobiles or other motor vehicles.

   Historic preservation commission: The Marshall Historic Preservation Commission established in this ordinance.

   Historic preservation district: An area designated as a historic preservation district pursuant to the provisions of this ordinance.

   Home occupation: Any occupation for gain or support, carried on as an accessory use within a dwelling unit by a member or members of the immediate family residing on the premises.

   Incompatible use: The transfer over a property line of negative economic or environmental effects, including but not limited to, traffic, noise, vibration, odor, dust, glare, smoke, pollution, mismatched land uses or density, height or mass, mismatched layout of adjacent uses, loss of privacy, and/or unsightly views.

   Kennel: Any structure or premises on which three (3) or more domesticated animals are kept, maintained, boarded or offered for sale.

   Lot of record: A lot which exists as shown or described on a plat or deed which has been recorded in the office of the recorder of the county.

   Manufactured homes code: The Marshall Manufactured Homes Code (section 52-26 et seq.)

   Manufacturing 1, heavy: The converting of raw or partially processed materials into a product used for further processing or distribution. Examples of heavy manufacturing include lumber and paper mills, sewage treatment plants, stone, clay and glass product manufacturing, asphalt and concrete batch plants and similar operations. These uses may be conducted partially or wholly outdoors and usually create noxious by-products such as dust, fumes, hazardous waste products, noise, vibration and glare.

   Manufacturing 2, heavy: Including the same processes as heavy manufacturing 1 but these uses pose special health or safety hazards requiring special use review. Such uses include acid manufacture, cement, lime, gypsum manufacture, explosive manufacturing or storage, fertilizer manufacture petroleum refining or petrochemical plant, smelting of tin, copper, zinc, or iron ores, stockyards and other similar uses.

   Manufacturing, light: The assembling, altering, processing, converting, or finishing of pre-processed materials for food or consumer products. Operations are conducted mostly indoor with limited by products.

   Marshall design guidelines: Section 17.8(6) of this ordinance.

   Marshall sign code: The Marshall Sign Code (article XVI herein).

   Mobile home: Any vehicle either self-propelled or propelled by means of being attached to a motor vehicle, which may be used as a place of abode or residential dwelling, and which has no other foundation other than the wheels required for its movement from one place to another.

   Mobile home park: A tract of land or two (2) or more contiguous tracts of land upon which contain sites with the necessary utilities for five (5) or more independent mobile homes for permanent habitation either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use a part of the equipment of such mobile home park. Neither an immobilized mobile home nor a motorized recreational vehicle shall be construed as a being a part of a mobile home park (210 ILCS 115/2.5).

   Nonconforming lot: Any lot, outlot, or parcel of land which does not meet the land area or dimension requirements of this ordinance.

   Nonconforming structure: A structure lawfully existing at the time of adoption of this ordinance, or any amendment thereto, and which does not conform to the regulations of the district in which it is located.

   Nonconforming use: A use which lawfully occupied a structure or land at the time of adoption of this ordinance, or any amendment thereto, and which does not conform with the regulations of the district in which it is located.

   Parking space: An all-weather surfaced area within the lot lines, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is enclosed comprising an area of not less than one hundred forty (140) square feet; if unenclosed, at least twenty (20) feet by ten (10) feet, with an all-weather surface permitting satisfactory ingress and egress of an automobile.

   Permitted use: A use, including buildings and structures, allowed by right in a particular district, or specifically authorized by a valid special use permit; it is subject to the uniform regulations for such uses in that district and to the terms and conditions for such permit, if any, or of any variance applicable thereto. A nonconforming use is not a permitted use.

   Residential district or zone: Any one or all of the R-1, R-3 and R-4 districts.

   Service dependent population: Those persons, who by reason of mental or physical disability require supervision in a quasi-parental relationship but do not require medical or nursing care on-site. A service dependent population shall not include persons for whom such services are required of a sentence upon conviction of criminal offense or whose need for such services arises during or immediately following a sentence of incarceration for a criminal offence.

   Sexual device:

      (1)   Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or of others and shall include, but not be limited to, devices such as dildos, vibrators, penis pumps, physical representations of a human genital organ; or

      (2)   Toys, devices, lotions, adult novelties, and other items distinguished or characterized by their emphasis on or use for "specified sexual activities" or "specified anatomical areas" or any combination thereof, and clothing that:

         a.   Illustrates or simulates "specified anatomical areas" or "specified sexual activities"; or

         b.   Exposes or less than opaquely covers "specified anatomical areas".

      (3)   Items that use the term "adult" or use the designation of one (1) or more "X" such as, but not limited to, "XXX".

Nothing in this definition shall be construed to include condoms, contraceptive devices, spermicidal substances and lubricants, or other such products designed to prevent pregnancy or sexually transmitted diseases as well as devices designed or marketed for therapeutic or medical use by any pharmacy, drug store, medical clinic or any establishment primarily dedicated to providing medical or health care products or services.

   Special use: A use the character of which is not ordinarily permitted in a district but is appropriate under certain conditions spelled out by the zoning board of appeals.

   Specified anatomical areas:

      (1)   Less than completely and opaquely covered:

         a.   Human genitals;

         b.   Pubic regions;

         c.   Buttock;

         d.   Female breast below a point immediately above the top of the areola; and

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   Specified sexual activities:

      (1)   Human genitals in the state of sexual stimulation or arousal; or

      (2)   Acts of human masturbation, sexual intercourse or sodomy; or

      (3)   Holding, fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

   Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. The cellar shall not be considered a story for the purposes of height measurement, in determining the permissible number of stories.

   Story, half: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

   Street: A public or private thoroughfare which affords the principal means of access to abutting property.

   Structure: Structure means a combination of materials, other than a building, to form a construction that is safe and stable and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

   Substantial or significant portion: Twenty-five (25) percent or more.

   Telecommunications facilities: Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person needs to locate or has installed upon or near a tower of antenna support structure. However, telecommunications facilities shall not include:

      (1)   Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial; or

      (2)   Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.

   Use: The specific purpose for which land, a structure, or premises is designed, arranged, intended, or for which it is or may be occupied or maintained.

   Variance or variation: A deviation from the regulations or standards of the zoning ordinance but which does not vary the use regulations and which the zoning board of appeals, after a public hearing, is permitted to grant.

   Yard, front: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line (edge of city right-of-way) and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, which shall be considered as a part of the main building and fences over three (3) feet in height shall not project into a required front yard. See Figure One in section 2.2.

   Yard, rear: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot, or the centerline of the alley if there is an alley and the rear line of the building. See Figure One in section 2.2.

   Yard, side: An open unoccupied space on the same lot with a main building situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. See Figure One in section 2.2.

   Zoning lot: One (1) or more buildable lots which are designated as a tract to be used, developed, or built upon as a unit under single ownership or control. A zoning lot may or may not coincide with a lot of record.

(Ord. No. 05-16, § 1, 7-11-05; Ord. No. 07-2, § 2, 3-12-07; Ord. No. 10-3, §§ 1, 3, 3-26-10)

(Ord. No. 10-3, §§ 1, 4, 3-26-10)