Marion City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 340-11.1 Zoning Board of Adjustment.
A.
Organization and operation. A Zoning Board of Adjustment is hereby established, which shall consist of five regular members and two alternates. The word "Board," when used in this section, shall mean the Zoning Board of Adjustment.
(1)
Membership of the Board shall be as follows:
(a)
Members of the Board shall be appointed by the Mayor and confirmed by the Council to serve staggered terms of five years. The terms of not more than 2/3 of the members may expire in any one year.
(b)
Alternate members shall be appointed by the Mayor and confirmed by the Council to serve terms of five years.
(c)
Vacancies shall be filled by the Mayor and confirmed by the Council for any unexpired term.
(d)
Members of the Board may be removed by the Mayor, with consent of the Council, for cause after written charges have been filed and after a public hearing has been held.
(e)
The Board shall hold a selection of officers annually at its first regular meeting and choose one of its members to act as Chairperson and another as Vice Chairperson; the Vice Chairperson shall perform all the duties of the Chairperson during the Chairperson's absence or inability to perform the task.
(2)
The Board shall adopt rules of procedure in accordance with the provisions of this chapter and the Code of Iowa.
(3)
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.
(4)
The Chairperson, or in their absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.
[Amended 8-17-2023 by Ord. No. 23-21]
(5)
All meetings of the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney.
(6)
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. Findings of fact and the reasons for approving or denying each question before the Board shall be included in the minutes. Any limitations or conditions imposed on any relief granted or work or use authorized shall be specifically set forth.
(7)
A copy of every rule or regulation, order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record.
(8)
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Official or to decide in favor of the applicant on any matter upon which it is required to pass under the zoning ordinance, or to effect any variance in such ordinance.
B.
Appeals to the Board. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Zoning Official. Such appeal shall be taken within a reasonable time, as may be provided by the rules of the Board, by filing with the Zoning Official and with the Board a notice of appeal specifying the grounds of such appeal. The Zoning Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(1)
Any person making application to the Board shall, at the time of application, pay a filing fee. The amount of the filing fees for various types of appeals and approval requests shall be set by City Council resolution. Said filing fees are not refundable.
(2)
The Board shall make no finding except to a specific case and after a public hearing conducted by the Board.
(3)
Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Official certifies to the Board, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in the opinion of the Zoning Official, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order, which may be granted by the Board or by a court of record in application on notice to the Zoning Official and on due cause shown.
C.
Notice of hearing.
(1)
Notice of the time and place of public hearings to be conducted by the Board shall be published in a Linn County publication of general circulation in the City, in accordance with § 362.3 of the Code of Iowa, The notice shall contain the address or location of the property for which the request is being made, the legal description of the property in question and a brief description of the nature of the request.
(2)
Each applicant requesting an appeal, variance, exception or conditional use from the Board shall secure notification signs from the Clerk, which shall be conspicuously posted by the applicant on the property for which application has been made. The signs shall be placed so that they may be seen from an adjoining street. In cases of double-frontage or corner lots, signs shall be posted on both sides of the lot. The signs shall include the date, time and place of the public hearing and a brief description of the request.
(a)
Notification signs shall be posted at least four days prior to the public hearing date and shall remain posted until the Board has made a determination on the request.
(b)
If the notification signs are not posted in accordance with the preceding requirements, no action shall be taken on the application by the Board.
D.
Powers. The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Official in the enforcement of this zoning ordinance.
(2)
To hear and decide by granting or denying an exception to this zoning ordinance in the following instances:
(a)
A request for the extension of a district where the boundary line of a district divides a lot of record held in single ownership.
(b)
Interpret the provisions of the zoning ordinance in such a way as to carry out the intent and purpose of the official Zoning District Map where the street layout actually existing on the ground varies from the street layout as shown on the map.
(c)
Permit the erection and use of a building or the use of premises for railroads or public utility purposes.
(d)
Permit the reconstruction of a nonconforming building which has been damaged by fire, explosion or act of God, to the extent of more than 65% of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the Board further finds that the public interest will best be served by permitting a continuance of the nonconforming use.
(e)
Waive or reduce the parking, loading or screening requirements in any of the zoning districts whenever the character or use of the building is such as to make unnecessary the full provisions of such requirements, or where such regulations would impose an unreasonable hardship on the lot as contrasted with merely granting an advantage or convenience.
(f)
Permit a use not specifically designated as a principal permitted use in a zoning district, provided that the Board determines that such use is similar and compatible to uses allowed as principal permitted uses in that district.
(3)
To authorize upon appeal in specific cases variances from the terms of the zoning ordinance when the following are made to appear by the property owner:
(a)
That a strict application of the terms of the zoning ordinance will impose upon the property owner unusual and practical difficulties or particular hardship.
(b)
That the variance granted is in harmony with the general purpose, intent and spirit of the zoning ordinance.
(c)
That the Board determines that the granting of the requested variance will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a deviation from the zoning ordinance.
(d)
That surrounding property will be protected.
(e)
That by granting the request for a variance substantial justice will be done.
E.
Standards for review in general. In considering all requests for appeals, variances, exceptions or conditional uses, the Board, before making any decision in a specific case, shall first determine:
(1)
That the granting of a request will not permit any use which is not allowed as a permitted use, or as a conditional use except in accordance with the provisions set forth in this section, in the zoning district in which a property is located, or any use expressly or by implication prohibited from the district.
(2)
That it will not materially diminish or impair an adequate supply of light and air to adjacent property.
(3)
That it will not materially increase the congestion in public streets.
(4)
That it will not materially increase the danger of fire or of the public safety.
(5)
That it will not unreasonably diminish or impair established property values within the surrounding area.
(6)
That it will not in any other respect materially diminish or impair the public health, comfort, safety, morals or welfare of the inhabitants of the City.
F.
Conditional uses.
(1)
Intent. Conditional uses are those uses having certain special or unique characteristics which require a careful review of their location, design, configuration and impacts to determine the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending upon consideration in each case of the public need, public benefit, local impact and specific site plan of the proposed conditional use, all within the context of the intent and purpose of this chapter and the Comprehensive Plan.
(2)
Application for conditional use. An application for a conditional use shall be filed with the Zoning Official and shall contain such information and documentation as the Board, by rule, may require Such application shall in all instances contain at least the following documents and information:
(a)
Petition. A written petition containing the following information:
[1]
Applicant's name and address and their legal interest in the subject property.
[Amended 8-17-2023 by Ord. No. 23-21]
[2]
The titleholder's name and address, if different than the applicant.
[3]
Street address or common description and complete legal description of the property.
[4]
The zoning district classification of the property.
[5]
A general description of the proposed conditional use.
(b)
Vicinity sketch map. A map of appropriate scale covering sufficient adjoining property to clearly indicate nearby street patterns, property lines and other significant features which will have a bearing upon the request. This map shall also identify existing zoning districts within 600 feet of the subject property.
(c)
Site development plan. A site plan at an appropriate scale containing the following:
[1]
Existing and proposed lot lines and property dimensions.
[2]
Location of such physical site conditions as watercourses, floodplains and unique natural features.
[3]
The location and dimensions of existing and proposed principal and accessory buildings and structures on site, including identity of building types by usage, floor area and number of units (if for residential purposes).
[4]
The location and dimensions of driveways, access points, off-street parking and loading areas, walkways and screening areas.
[5]
Such other information as may be requested by the Board to perform its review of the request.
(3)
Application review procedure.
(a)
The Zoning Official shall forward copies of the conditional use application to the Board and Commission.
(b)
Prior to the Board's scheduled public hearing on the application, the Commission shall review such application and return a written report of its findings and recommendations to the Board. In its review, the Commission shall consider each of the standards for review of conditional use requests as set forth in this section.
(c)
After receiving the report from the Commission, and after conducting the public hearing on the application, the Board shall consider the application and shall either grant the application for conditional use, grant it subject to conditions or modifications or deny the application. In its view, the Board shall consider each of the standards for review of conditional use requests as set forth in this section.
(4)
Conditions imposed. The Board may impose such conditions, including restrictions and safeguards, upon the proposed conditional use as considered necessary to prevent or minimize adverse effects upon other properties in the vicinity or upon public facilities and services. Such conditions shall include a requirement that development be in accord with a site development plan approved by the Board. Such conditions shall be expressly set forth in the approval of the conditional use. Violations of such conditions shall be a violation of this chapter.
(5)
Standards for review of conditional use requests. In addition to the standards for review applicable to all requests under consideration by the Board, approval of a conditional use shall be granted only if the Board first determines:
(a)
That the conditional use applied for is provided in the zoning district within which the property is located.
(b)
That the proposed use and development will be in accord with the intent and purpose of the zoning ordinance and the Comprehensive Plan.
(c)
That the proposed use and development will not have a substantial adverse effect upon adjacent property; the character of the neighborhood; traffic conditions; parking; utility and service facilities; and other factors affecting the public health, safety and welfare.
(d)
That the proposed development or use will be located, designed, constructed and operated in such a manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use, development and improvement of surrounding property.
(e)
That adequate measures have been or will be taken to assure adequate access designed to minimize traffic congestion and to assure adequate service by essential public services and facilities, including utilities, stormwater drainage and similar facilities.
(6)
Conformance to other regulations. Conditional uses shall in all respects conform to the applicable regulations of the zoning district in which they are located and all other applicable regulations provided in this chapter.
(7)
Preexisting uses. Any building or structure, or use of land, in existence prior to the effective date of the zoning ordinance which is classified as a conditional use under the provisions of such ordinance shall be considered a lawful conditional use, and may continue without approval of the Zoning Board of Adjustment. However, any expansion or extension of such preexisting use, or a change in use to another conditional use, shall be considered as a new conditional use and shall comply with the provisions of the zoning ordinance.
G.
Relief less than requested. An appeal, variance, exception or conditional use different than that requested may be granted when the record supports the applicant's right to some relief but not to the relief requested.
H.
Conditions imposed. The Board may impose such conditions, including restrictions and safeguards, upon the property benefited from the appeal, variance, exception or conditional use granted as considered necessary to prevent or minimize adverse effects upon other property in the vicinity or upon public facilities and services. Such conditions shall be expressly set forth in the grant of appeal, variance, exception or conditional use. Violation of such conditions shall be a violation of this chapter.
I.
Permits and approvals still necessary. The granting of an appeal, variance, exception or conditional use by the Board shall not necessarily authorize immediate action. As appropriate and as required by the codes and ordinances of the City and state, other permits and approvals shall be obtained.
J.
Failure to act. In case an appellant or applicant does not exercise their rights, act, begin construction or operation or occupancy, as the case may be, in accordance with any appeal, variance, exception or conditional use granted by the Board within six months after the matter has been acted upon by the Board, such variance, exception or conditional use shall become null and void.
[Amended 8-17-2023 by Ord. No. 23-21]
K.
Appeals. Decisions of the Board may be appealed to the District Court within 30 days by anyone objecting to the decision.
§ 340-11.2 Administration and enforcement.
A.
Zoning Official. The Zoning Official, and such deputies or assistants that have been or shall be duly appointed, shall have the responsibility and authority to enforce this chapter.
(1)
The Zoning Official shall issue all building permits and certificates of occupancy and make and maintain records thereof.
(2)
The Zoning Official shall conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter.
(3)
The Zoning Official shall forward to the Commission copies of all applications for conditional uses that are filed with their office.
[Amended 8-17-2023 by Ord. No. 23-21]
(4)
The Zoning Official shall forward to the Zoning Board of Adjustment applications for appeals, variances, conditional uses and other matters on which the Board is required to pass under this chapter.
B.
Certificates of occupancy.
(1)
General.
(a)
No building or addition thereto constructed, reconstructed or structurally altered after the effective date of this chapter shall be occupied or used until a certificate of occupancy has been issued by the Zoning Official stating that the building and use comply with all the provisions of this chapter applicable to the building, premises or use.
(b)
No land vacant on the effective date of the zoning ordinance shall be occupied or used until a certificate of occupancy has been issued by the Zoning Official stating that the use complies with all the provisions of the zoning ordinance applicable to the use or premises.
(2)
Buildings and additions.
(a)
Every application for a building permit shall be deemed to be an application for a certificate of occupancy.
(b)
A certificate of occupancy shall be issued by the Zoning Official within three days after the lawful construction, reconstruction or structural alteration of a building, addition or other improvement has been completed and the premises inspected and certified by the Zoning Official to be in conformity with this chapter and the plans and specifications upon which the building permit was based.
(c)
If the Zoning Official determines that a certificate of occupancy cannot be issued, the Zoning Official shall give written notice to the applicant stating the reasons why such certificate cannot be issued. Such written notice shall be given to the applicant not later than 14 days after the Zoning Official is notified, in writing, that the building and premises are ready for occupancy.
(3)
Vacant land.
(a)
Application for a certificate of occupancy for the use of vacant land or change in the use of land as herein provided shall be made to the Zoning Official before any such land shall be occupied or used.
(b)
A certificate of occupancy shall be issued by the Zoning Official within 10 days after the application has been made, provided such use is in conformity with the provisions of this chapter.
(c)
If the Zoning Official determines that a certificate of occupancy cannot be issued, the Building Official shall give written notice to the applicant stating the reasons why such certificate cannot be issued. Such written notice shall be given to the applicant not later than 14 days after the applicant has applied for, in writing, such certificate.
(4)
Temporary certificates of occupancy.
(a)
Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed six months from the date of issuance and to permit partial occupancy of the premises during completion of the construction.
(b)
Such temporary certificates of occupancy shall not be construed as in any way altering the respective rights, duties or obligations of any other matter covered by this chapter.
(c)
Such temporary certificate of occupancy shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
C.
Site plans.
(1)
General. Except for one-unit residential uses, every application for a building permit or a certificate of occupancy shall be accompanied by a site plan.
(2)
Contents. The site plan shall be drawn to scale and fully dimensioned and contain the following information:
(a)
The actual dimensions of the lot or tract to be built upon.
(b)
The location, size and dimensions of existing buildings or structures on the lot or tract to be built upon.
(c)
The location, size and dimensions of the building(s) or structure(s) to be erected.
(d)
The location, size and quantity of off-street parking and loading spaces.
(e)
The location of existing and proposed drives, aisles, access points and sidewalks.
(f)
The location and size of screening, landscaping and open space if required in the zoning district in which the property is located.
(g)
The location of any signs.
(h)
Such other information as may be required by the Zoning Official to enforce the provisions of this chapter.
(3)
Review. The Zoning Official may submit a copy of the site plan to other City departments for their review, evaluation and recommendations prior to issuing a building permit or certificate of occupancy.
D.
Inspection and enforcement.
(1)
General. In furtherance of the enforcement of this chapter, the Zoning Official shall undertake such regular and continuing programs of inspection of work approved and underway and of existing structures and uses as may be feasible and proper within the limits of staff and funds.
(2)
Complaints. The Zoning Official shall receive from any person complaints alleging, with particularity, violation of this chapter and, when appropriate, shall cause to be made such investigations and inspections as may be warranted by such complaints.
(3)
Violations. The Zoning Official shall, upon determination of any violation of this chapter, notify in writing the person responsible for such violation. Such written notification of violation shall indicate the nature of the violation and order the action necessary to correct it and specifically shall order one or more of the following actions:
(a)
The discontinuance of any illegal use of land, buildings or structures.
(b)
Order removal of illegal buildings, structures, additions or alterations.
(c)
Order discontinuance of illegal work being done.
(d)
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions, and in particular shall, where necessary or appropriate, recommend to the City Attorney the institution of legal or equitable actions that may be required for the enforcement of this chapter.
(4)
Relief. Nothing in this section shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure such relief.
§ 340-11.3 Amendments.
A.
Authority. The regulations and restrictions imposed and district boundaries created by this chapter may, from time to time, be amended, supplemented, changed, modified or repealed.
B.
Intent. The amendment process herein established is intended to provide a means for making changes in the text of this chapter and in the official Zoning District Map.
C.
Initiation of amendments. An amendment may be initiated by a motion of the Council or Commission, or by the filing of an application for such action by property owners within the area proposed to be changed or affected by the proposed amendment.
D.
Application for amendment. Each application requesting a change in the text of this chapter or the Zoning District Map shall contain at least the following information, when applicable:
(1)
Applicant's name and address and their legal interest in the subject property.
[Amended 8-17-2023 by Ord. No. 23-21]
(2)
The titleholder's name and address, if different than the applicant.
(3)
Street address or common description and complete legal description of the property.
(4)
Present zoning district of the property.
(5)
Proposed zoning district of the property.
(6)
A description of the amendment or change requested.
(7)
A statement describing the reasons for the request.
(8)
A vicinity sketch map of appropriate scale covering sufficient adjoining property to clearly indicate nearby street patterns, property lines and other significant features which will have a bearing upon the request. This map shall also identify existing zoning districts within 600 feet of the subject property.
E.
Notification signs.
(1)
Each applicant requesting an amendment to the official Zoning District Map shall secure notification signs from the Clerk which shall be conspicuously posted by the applicant on the property for which application has been made. The signs shall be placed so that they may be seen from an adjoining street; and in the case of double-frontage or corner lots, signs shall be posted on both sides of the lot. The signs shall include the date, time and place of the meeting or public hearing (as appropriate) and a brief description of the request.
(2)
Notification signs shall be posted at least four days prior to the public meeting or public hearing of the Commission regarding the request.
(3)
Notification signs shall be posted at least seven days prior to the public hearing of the Council regarding the request and shall remain posted until the conclusion of the public hearing.
(4)
In lieu of posting signs in accordance with Subsection E(1) through (3) above, the Planning and Zoning Commission may permit the posting of "Notices of Rezoning" in three publicly accessible buildings at least four days prior to the public meeting or public hearing of the Commission regarding the request and at least seven days prior to the public hearing of the Council regarding the request and shall remain posted until the conclusion of the public hearing.
F.
Commission review.
(1)
The Commission shall review each proposed amendment to the zoning ordinance and report its recommendations to the Council.
(2)
Before submitting its report to the Council, the Commission shall hold at least one public meeting thereon.
(a)
If an application for a change in the official Zoning District Map involves 10 acres or more of land, then the Commission shall not submit its report to the Council until the Commission has first held a public hearing thereon.
(b)
The Commission may, in its discretion, hold a public hearing on any proposed amendment to the zoning ordinance prior to submitting its recommendations to the Council.
(c)
Due notice of public hearings held by the Commission on proposed amendments to the zoning ordinance shall be given as follows: publication at least once in a newspaper published in Linn County and of general circulation in the City, which date of publication shall be in accordance with §§ 362.3 and 414.4 of the Code of Iowa.
(d)
Following the public meeting or public hearing, the Commission shall recommend to the Council that the proposed amendment be approved, approved with modifications or denied. These recommendations shall then be certified and submitted to the Council within 30 days of each public meeting or public hearing.
G.
Council action.
(1)
After receiving the Commission recommendations on proposed amendments, the Council shall hold a public hearing on said amendments and due notice thereof shall be given by publication in a legal newspaper of general circulation published in Linn County and of general circulation in the City in accordance with Section 362.3 and 414.4 of the Code of Iowa.
(2)
After holding such public hearing, the Council shall vote on the passage of the proposed amendment.
(3)
In case of a written protest against a change or repeal in zoning classification which is filed with the Clerk and signed by the owners of 20% or more of the area of the lots included in the proposed change or repeal, or by the owners of 20% or more of the property which is located within 200 feet of the exterior boundaries of such property, the change or repeal shall not become effective except by the favorable vote of at least 3/4 of all the members of the Council.
H.
Filing fee. Any person making an application or petition for amendment of the zoning ordinance or to change the zoning district classification of a parcel of land shall at the time of application or petition pay a filing fee. The amount of filing fee shall be set by resolution of the Council. The filing fee is not refundable.
I.
Limitation on successive applications.
(1)
Whenever any application requesting an amendment to the zoning ordinance has been denied by the Council, or when an application has been withdrawn by the applicant after consideration by the Commission and recommendation but prior to the Council action, another application requesting the same change on the same property shall not be considered by the Commission or Council during the succeeding 12 months since the time said application was denied by the Council or withdrawn by the applicant.
(2)
However, such new application may be considered within the twelve-month period if the Council determines that at least one of the following has occurred:
J.
Expiration. Whenever any application requesting an amendment to the zoning ordinance or Zoning District Map has been tabled at the request of the applicant for a period of six months, or the applicant has not taken affirmative action to process the application for a period of six months, said application shall be considered to be expired. The Council may, at its discretion, extend the expiration date for a period of three months upon request of the applicant.
§ 340-11.4 Violations and penalties.
Any person, firm or corporation who or which violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall be in violation of the Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City Council, in addition to other remedies, may institute any proper action or proceedings in the name of the City to prevent such unlawful erection construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violations, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises.
§ 340-11.5 Moratoriums and temporary ordinances.
The City Council by resolution may establish a temporary moratorium on the enforcement of any provision of the Code of Ordinances where it finds that enforcement of said provision will hinder reaction to or recovery from any natural or man-made disaster or emergency situation located in the City or the metropolitan area and that a moratorium is in the best interests of the public health, safety and welfare. The resolution establishing a temporary moratorium may establish such conditions and restrictions as the City Council deems appropriate in the circumstances then existing. The City Council may also enact temporary ordinances that are not a part of the permanent Code of Ordinances and enforce the temporary ordinances as provided in either § 1-6 or Chapter 55, Article I, of the Code of Ordinances. The establishment of a temporary moratorium shall not create any property interest or right in any person or entity benefiting from the moratorium, and a moratorium may be terminated by the City Council at such time as it deems expedient without prior notice. This section does not authorize the City Council to grant any permanent variance to any of the provisions of this chapter or to grant any conditional use permit.[1]