A. Definitions: As used herein:
PORTABLE BUILDING OR STRUCTURE: Any structure which meets any of the following criteria:
1. Is originally designed to be moved from place to place by any means whatsoever, whether on wheels, skids or otherwise.
2. Any structure which is not originally designed to be permanently attached to the real property on which it sets by means of a permanent foundation.
3. Any structure constructed on site so as not to allow all inspections required of site built structures provided for or required by the Building Code of the City of Marion.
4. Any structure not having permanent water and sewer connections.
5. Any metal (50 percent or more) building or structure less than four hundred (400) square feet shall be presumed to be a portable building subject to the right of the person seeking to construct the same rebut said presumption by clear and convincing evidence of the permanency of said structure.
6. Is of a temporary nature including, but not limited to, sheds, tents, inflatable structures.
7. Is not built or constructed in compliance with Federal Housing and Urban Development Standards or approved pursuant to the Illinois Manufactured Housing and Mobile Home Safety Act.
B. Prohibited Portable Buildings: No portable building or structure, that is used or intended to be used for habitation shall be placed, located or assembled to be placed or located, on any property within the City of Marion.
C. Permitted Portable Buildings: Portable building or structures may be allowed as an accessory use to buildings or residences as set forth in the Zoning Ordinances of the City of Marion.
D. Applicability To Mobile Homes And Tents: This section shall not apply to mobile homes as defined and regulated by the Zoning Ordinances of the City of Marion or by Federal Housing and Urban Development or the Illinois Manufactured Housing and Mobile Home Safety Act or to tents for special sales or events of established retail businesses provided such use is consistent with any laws or City of Marion ordinances regulating such use.
E. Appeals: Any person aggrieved by a decision of the building official as to the classification of a structure as a "portable building or structure" as determined by the building inspector may appeal to the Mayor and City Council.
F. Penalties For Violation: Any person, firm or corporation violating any provision of this section shall be fined no more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 3104, 5-13-2013)