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Marshall Village City Zoning Code

ARTICLE 1

B General Provisions


(Revised Ord. 2010-04, May 11, 2010)

13-1-10 Jurisdiction And General Provisions

  1. Jurisdiction. The jurisdiction of this Chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Marshall.
  2. Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without full compliance with the provisions of this Chapter and all other applicable local, county and state regulations. It shall be the responsibility of all persons who make such changes to comply with any and all provisions of this Zoning Code.
  3. District Regulations to be Complied With. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
  4. One Principal Building per Lot. Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building on one (1) lot, unless otherwise approved by the Village Board (see Section 13-1-12(b)).

13-1-11 Use Regulations

Only the following uses and their essential services may be allowed in any district:

  1. Permitted Uses. Permitted uses, being the principal uses, specified for a district.
  2. Accessory Uses. Accessory uses and structures as specified are permitted in any district but not until their principal structure is present or under construction.
  3. Conditional Uses.
    1. Conditional uses and their accessory uses are considered as special uses requiring for their authorization: review, public hearing and approval by the Village Board in accordance with Article E of this Chapter excepting those existent at time of adoption of the Zoning Code.
    2. Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this Code require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
    3. Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article E of this Chapter.
    4. Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article E of this Chapter.
    5. Limited conditional uses authorized by the Village Board shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
HISTORY
Amended by Ord. 2025-04 on 7/8/2025

13-1-12 Site Regulations

  1. Street Frontage. All lots shall abut a public street or other officially approved means of access, as prescribed in Section 14-1-73(c) of the Code.
  2. Principal Structures. All principal structures shall be located on a lot. More than one principal building is allowed on any one lot, except that more than one principal building on any lot within one of the R-1 districts shall require a conditional use permit unless within an approved condominium or planned unit development.
  3. Dedicated Street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
  4. Site Suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety,, prosperity, aesthetics and general welfare of this community. The Plan Commission and Village Board, in applying the provisions of the Section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Village Board may affirm, modify or withdraw its determination of unsuitability.
  5. Preservation of Topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than three (3) horizontal to one (1) vertical, within a distance of twenty (20) feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
  6. Decks. For purposes of this Chapter, decks (both attached and detached) and porches shall be considered a part of a building or structure.
  7. Building Grades. Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. When a new building is constructed on vacant land between two (2) existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit concentrated runoff of surface water that will cause damage to adjoining properties. Grades shall be approved by the Village Engineer.
  8. Ground Water. The lowest finished floor elevation which includes the crawl space or basement floor shall be a minimum of two (2) feet higher than the highest ground water elevation as determined by a process approved by the Village Plan Commission.
  9. Two Unit -- Water Laterals. All two-unit residences shall be served by two (2) water laterals.
HISTORY
Amended by Ord. 2023-05 on 10/25/2023
Amended by Ord. 2025-04 on 7/8/2025

13-1-13 Building Permits

It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural changes in any existing building or structure, or new use or change in the use of land, water and air without first obtaining a building permit from the Building Inspector. No permit shall be issued for the construction, alteration or remodeling of any building or structure until such application has been submitted in accordance with the provisions of this Chapter, showing that the construction proposed is in compliance with the provisions of this Chapter and other regulations of the Village (see Titles 14 and 15.)

HISTORY
Amended by Ord. 2025-04 on 7/8/2025

2025-04

2023-05