Marion City Zoning Code
ARTICLE I
Adoption, Intent and Purpose
§ 340-1.1 Adoption.
This chapter contains the Marion zoning ordinance, which is adopted to establish comprehensive zoning regulations for the City and to provide for the administration, enforcement and amendment of the zoning ordinance and to repeal any ordinances or resolutions in conflict herewith except as otherwise provided herein. The zoning ordinance is adopted by authority of and for the purposes set forth in the Code of Iowa and shall be known, cited and referred to as the "Marion zoning ordinance" or herein as "this chapter."
§ 340-1.2 Intent and purpose.
The zoning ordinance, as set forth in the text and map which constitute the zoning ordinance, is adopted for the purpose of promoting the public health, safety, morals and the general welfare of the people, and is intended to accomplish the following objectives:
A.
The lessening of congestion on the public streets.
B.
The securing of safety from fire, flood, panic and other dangers.
C.
The avoiding of undue concentration of population.
D.
The prevention of overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of slums and blight.
E.
The establishment of adequate standards for the provision of light, air and open spaces.
F.
The provision of adequate transportation and other public requirements and services such as water, sewerage, schools and parks.
G.
The encouragement of the coordinated optimum physical development of the community.
H.
The preservation and protection of existing property uses and values against adverse or unharmonious adjacent uses.
I.
The establishment of reasonable standards to which buildings and structures shall conform.
J.
The establishment of a rational pattern of relationships between residential, commercial and industrial uses for the mutual benefit of all.
K.
The prescription of penalties for any violation of the provisions of this chapter, or of any amendment thereto.
§ 340-1.3 Interpretation of regulations.
A.
Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public safety, health, morals, comfort, convenience, prosperity and general welfare.
B.
Greater restrictions. Where conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
C.
Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easements, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall prevail.
D.
Unlawful existing uses. Any building, structure or use which was not lawfully existing at the time of the adoption of this chapter shall not become or be made lawful solely by reason of the adoption of this chapter; and to the extent or manner that said unlawful building, structure or use is in conflict with the requirements of this chapter, said building, structure or use remains unlawful hereunder.
§ 340-1.4 Prior ordinances in effect.
The provisions of this chapter are deemed to be of a general statute nature and in the event of conflicts with a prior specific ordinance providing for rezoning of specific property which was passed after the effective date of the ordinance repealed by this chapter, the ordinances shall be construed, if possible, so that effect is given to both. If conflict between the two is irreconcilable, the prior special ordinance shall prevail as an exception to this chapter. This chapter shall not be construed so as to repeal or otherwise affect prior resolutions, memorandums of agreement or other official actions taken by the City with respect to regulation of subdivisions as provided in Chapter 284 of the Code of Ordinances. This chapter does not repeal prior ordinances providing for rezoning of specific property which were passed after the effective date of the zoning ordinance repealed by this chapter, except to the extent that the classification of said premises shall be as set forth on the Zoning District Map adopted by the ordinance, any other conflict shall be determined in a manner set forth herein.
