Marion City Zoning Code
ARTICLE IV
Zoning Districts
§ 340-4.1 Compatibility with Comprehensive Plan.
The standards and requirements contained in this chapter and the district mapping reflected on the Zoning District Map have all been made in accordance with the officially adopted Comprehensive Plan of the City of Marion, Iowa.
§ 340-4.2 Establishment of districts and map.
The City is hereby classified and divided into the following zoning districts:
A.
General zoning districts.
(1)
Agricultural and Rural Residential Districts:
AG Agricultural Holding
RR-1 Rural Residential
(2)
Suburban Residential Districts:
SR-E Suburban Residential Estate
SR-1 Suburban Low-Density Single-Family Residential
SR-2 Suburban Medium-Density Single-Family Residential
SR-3 Suburban Medium-Density Single-Family Residential
SR-4 Suburban Two-Family Residential
SR-5 Suburban Three- and Four-Family Residential
(3)
Traditional Residential Districts:
TR-1 Traditional Low-Density Single-Family Residential
TR-2 Traditional Medium-Density Single-Family Residential
TR-3 Traditional Two-Family Residential
TR-4 Traditional Four-Family Residential
(4)
Multiple-Family Residential Districts:
MR-1 Medium-Density Multiple-Family Residential
MR-2 High-Density Multiple-Family Residential
(5)
Business and Mixed-Use Districts:
BL Local Business
BC Community Business
BR Regional Business
(6)
Office/Service and Manufacturing Districts:
OS Office/Service
M-1 Light Manufacturing
M-2 General Manufacturing
(7)
Public Institutional and Recreation and Open Space Districts:
PI Public Institutional
ROS Recreation and Open Space
B.
Central Corridor Districts:
U-1 Uptown 1
U-2 Uptown 2
UTR-1 Urban Transition Residential 1
UTR-2 Urban Transition Residential 2
UTC-1 Urban Transition Commercial 1
UTC-2 Urban Transition Commercial 2
UC-1 Urban Commercial
C.
Planned unit developments.
D.
EU Exclusive Use District.
EU-1 Exclusive Use Zone 1, Sanitary Landfill
§ 340-4.3 Zoning District Map.
The boundaries of the zoning districts are shown on the Zoning District Map, as amended, which accompanies the zoning ordinance and is hereby declared to be a part of this chapter. The Zoning District Map and all notations, references, indications and other information shown thereon are as much a part of this chapter as if they were fully described herein. The Zoning District Map is not set out in the Code of Ordinances but shall remain on file in the office of the Clerk and shall constitute a part of the zoning ordinance and this chapter the same as if set out therein and herein.[1]
[1]
Editor's Note: See also the Table of Zoning Map Amendments included as an attachment to this chapter.
§ 340-4.4 Determination and interpretation of district boundaries.
Where uncertainty exists as to the exact boundaries of any district as shown on the official Zoning District Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines.
C.
Boundaries indicated as approximately following corporate limits shall be construed to follow such corporate limits.
D.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
E.
Boundaries indicated as following shorelines, and in the event of change in the shoreline, shall be construed to move with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
F.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the official Zoning District Map shall be determined by dimensions shown on the map, or in the absence of dimensions, by the scale of the map.
G.
All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such alleys, streets, public ways and railroad rights-of-way. The center line of a street, alley, public way or railroad right-of-way, unless otherwise specifically designated, shall be deemed to be the zoning district boundary.
H.
In the case of further uncertainty, the Zoning Board of Adjustment shall interpret the intent of the Zoning District Map as to the location of the boundary in question, and the scale of the Zoning District Map shall be referred to in this question.
§ 340-4.5 Annexed or vacated areas; underwater areas.
A.
Annexed or vacated areas.
(1)
Annexed areas. Any territory hereafter annexed shall, upon annexation, automatically retain the zoning classification and regulations pertaining to such territory prior to the annexation. If, within 60 days after annexation, no application for rezoning or reclassification of the property has been received by the City, the Commission shall schedule a public hearing on the advisability of the zoning classification of the property and thereafter make recommendation to the Council as to the zoning classification of such property. The Council shall then consider such matter in accordance with the provisions of this chapter regarding amendment of the Zoning District Map.
(2)
Vacated areas. Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the zoning districts adjoining each side of such street, alley, public way, railroad right-of-way or similar area shall be extended automatically to the center of such vacation, and all areas included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended district. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all the vacated area.
B.
Underwater areas. All areas which are underwater and not shown as included within a zoning district shall be subject to all of the regulations of the zoning district which immediately adjoins the area.
§ 340-4.6 Exclusive use zones.
A.
General intent. Activities placed in an exclusive use zone are those uses that cannot be readily classified as agricultural, residential, business, professional office or industrial uses; however, such activities are generally intense uses of property and shall be directed to areas of land use designated for industrial purposes. To this end, the exclusive use zone:
(1)
Establishes specific standards. Classification of these activities within exclusive use zones will enable specific site location, design and performance standards to be enumerated and applied for the basis of evaluation criteria. Such standards will protect the public health, safety and welfare more adequately, and will assure more equal treatment of the same or similar uses.
(2)
Avoids confusion concerning requirements. By specifically delineating the standards to be applied to these activities, perception, understanding and enforcement of these standards will be enhanced.
(3)
Increases compatibility with adjacent uses. Exclusive use zones are intended to make the considered activities more compatible with adjacent uses, allow greater flexibility in site selection for the activity and require the zoning of the site to be re-examined upon termination of the permitted activity within such an exclusive use zone.
B.
Regulations in exclusive use zones. The regulations adopted in this section relating to each exclusive use zone shall include but not be limited to the following:
(1)
Definition. A detailed definition of the specific use or uses to be permitted.
(2)
Site design and location standards. Specific site design and location standards may be established prior to reclassification of property.
(3)
Operational standards. Performance standards may be established relating to those aspects of the activity that must be controlled to protect the public health, safety or welfare.
(4)
Bonding requirements. Performance bonds or letters of credit may be required, and the amount, duration and supervisory agency should be established.
(5)
Reference to other applicable laws. A listing of local, state and federal requirements applicable to such use may be included to facilitate effective coordination between the various agencies having jurisdiction over the particular use. Such a list shall not be considered exhaustive but is merely to be available to assist persons requesting such zoning.
C.
Procedures and standards for approval. The procedures and standards for approval of an exclusive use zone are as follows:
(1)
Creation of new exclusive use zone(s). A proposal for creation of an exclusive use zone shall be processed as an amendment to the zoning regulations. Each new exclusive use zone adopted shall be designated "Exclusive Use Zone (Number) (Name of Use)" in order of adoption. The abbreviated designation shall be EU-1, EU-2, etc. A "Findings of Fact" shall be included in the Exclusive Use Zone Ordinance to ensure that the spirit and intent of exclusive use district regulations are met.
(2)
Zoning district reclassification to an exclusive use zone. Any activity that must be conducted within an exclusive use zone shall be permitted only upon approval of the zoning district reclassification by the City Council. Requests for reclassification shall be made according to the procedures set forth in the proposed Exclusive Use Zone Ordinance.