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Marion City Zoning Code

ARTICLE V

District Use and Bulk Regulations

§ 340-5.1 Interpretation of permitted and prohibited uses; accessory uses in general.

A. 
Any use that is not specifically listed in a zoning district or overlay and that does not fall within a general land use definition of § 340-2.2 is prohibited within that district or overlay.
B. 
The accessory uses specifically listed in the tables of permitted and conditional uses for the zoning districts shall be allowed only as specified in the table. Accessory uses other than those specifically listed are permitted in all zoning districts, as indicated in the tables of permitted and conditional uses.

§ 340-5.2 Agricultural and Rural Residential Districts.

[Amended 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
AG Agricultural Holding District. The AG Agricultural Holding District is intended to preserve existing agriculture and other nonintensive uses to prevent premature development and nonorderly encroachment of intensive urban uses; and to help guide urban growth into suitable areas. The AG is characterized by a very rural environment consisting of primarily commercial agricultural activities and associated farmsteads. Density and intensity standards for this district are designed to ensure that development which requires even a minimum of urban services does not occur until such services are available. As such, the AG District shall either serve as a designation which preserves and protects agricultural activities, or as a holding zone which provides for an interim land use that will easily permit further development at the appropriate time.
(2) 
RR-1 Rural Residential District. The RR-1 Rural Residential District is intended to preserve low-density residential development which has been annexed into the City. The RR-1 is characterized by its semi-rural character, including large one-unit lots surrounded by ample open space and large setbacks. Lots are free from agricultural uses. Streets are not typically built to City standards and maintain a rural cross-section; some areas may be served with municipal sewer or water, but most are not. The RR-1 is a closed district; new zoning to the RR-1 would only be recommended in newly annexed areas.
B. 
Bulk regulations. Table 5.2-1 establishes bulk regulations for the residential districts. Article X of this chapter specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.2-2 lists permitted uses, conditional uses and permitted as accessory uses for the residential districts.
Table 5.2-1
Agricultural and Rural Residential District Bulk Requirements
Zoning District
AG
RR-1
Minimum lot area
35 acres
1 acre (43,560 square feet)
Minimum lot width
150 feet
150 feet
Maximum building height
35 feet or 2 1/2 stories, whichever is less
35 feet or 2 1/2 stories, whichever is less
Minimum front yard1
50 feet
50 feet
Minimum side yard (interior)
25 feet
25 feet
Minimum side yard (corner)
50 feet
50 feet
Minimum rear yard
50 feet
50 feet
Minimum open space
—
—
Notes:
1
Where 50% or more of the street frontage of the block has existing principal building setbacks less than the front or corner side yard required by the zoning district, the required front yard or corner side yard may be reduced to the average of the existing front or exterior side yard setbacks on that street frontage of the block. Only front yard setbacks shall be used to compute the reduced front yard setback; only corner side yard setbacks shall be used to compute the reduced corner side yard setback.
Table 5.2-2
Agricultural and Rural Residential District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
AG
RR-1
Specific Use Standards
Residential Uses
Artist live/work space
Y
Assisted-living facility
Dwelling unit, auxiliary (attached)
C
C
Y
Dwelling unit, auxiliary (detached)
C
C
Y
Dwelling, efficiency/micro
Dwelling, one-unit
P
P
Dwelling, townhouse
Y
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit
Y
Dwelling, upper level
Family home
P
P
Group home, large
C
C
Y
Group home, small
P
P
Y
Independent-living facility
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
Carnival (as temporary use)
Y
Convent/Monastery
A
A
Cultural facility
Golf course
Indoor recreation and amusement
Live entertainment
Lodge or private club
Outdoor dining
Outdoor amusement
Outdoor recreation
Outdoor entertainment, temporary
Park, neighborhood
P
P
Place of worship
C
C
Public plaza
Theater (small/large)
Other
Horse stables, private
P
Parking garage/structure
Parking lot, private
A
A
Parking lot, public
Transportation operations facility
Communications tower
C
C
Y
Communications antenna
A
A
Y
Composting
A
A
Y
Honeybees
P
C
Y
Rooftop greenhouse
P
C
Y
Urban farm, ground level, large
P
C
Y
Urban farm, ground level, small
P
P
Y
Urban farm, roof level, large
P
C
Y
Urban farm, roof level, small
P
P
Y
Utility, community/regional
C
C
Utility, local
P
P
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§ 340-5.3 Suburban Residential Districts.

[Amended 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
SR-E Suburban Residential Estate District. The SR-E Suburban Residential Estate District is intended to accommodate low-density one-unit residential development primarily occurring in the City. The SR-E District is characterized by its semi-rural character, including large one-unit lots surround by ample open space and large setbacks. The SR-E District may include developments annexed into the City after development but are generally built to City standards and do not maintain a rural cross-section; areas are generally served with municipal sewer and water.
(2) 
SR-1 Suburban Low-Density Single-Family Residential District. The SR-1 Suburban Low-Density Single-Family Residential District is intended and designed for lower-density one-unit areas of the City free from other uses except those which are both compatible with and convenient to the residents of such a district.
(3) 
SR-2 Suburban Medium-Density Single-Family Residential District. The SR-2 Suburban Medium-Density Single-Family Residential District is intended and designed for medium-density one-unit areas free from other uses except those which are both compatible with and convenient to the residents of such a district.
(4) 
SR-3 Suburban Medium-Density Single-Family Residential District (previously the "R-2 District"). The SR-3 Suburban Medium-Density Single-Family Residential District is intended and designed for medium-density one-unit areas free from other uses except those which are both compatible with and convenient to the residents of such a district.
(5) 
SR-4 Suburban Two-Family Residential District. The SR-4 Suburban Two-Family Residential District is intended and designed for certain medium-density residential areas of the City free from other uses except those which are both compatible with and convenient to the residents of such a district. The SR-4 District is characterized by two-unit dwellings, typically developed within a condominium regime, but does not include zero lot line development.
(6) 
SR-5 Suburban Three- and Four-Family Residential District. The SR-5 Suburban Three- and Four-Family Residential District is intended and designed for certain medium- to high-density residential areas of the City free from other uses except those which are both compatible with and convenient to the residents of such a district. The SR-5 District is characterized by three- or four-unit dwellings, typically developed within a condominium regime. This district is designed to serve as a buffer between lower density residential districts and more intensive districts such as medium- and high-density suburban multiple-unit residential or business districts.
B. 
Bulk regulations. Table 5.3-1 establishes bulk regulations for the residential districts. Article X of this chapter specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.3-2 lists permitted uses, conditional uses and permitted as accessory use for the residential districts.
Table 5.3-1
Suburban Residential District Bulk Requirements
Zoning District
SR-E
SR-1
SR-2
SR-3
(old R-2)
SR-4
SR-5
Minimum lot area
1/2 acre
(21,780 square feet)
10,000 square feet
8,000 square feet
6,000 square feet
One-unit: 8,000 square feet
Two-unit: 10,000 square feet
Three-unit: 12,000 square feet
Four-unit: 15,000 square feet
Minimum lot width
90 feet
80 feet
70 feet
60 feet
One-unit: 70 feet
Two-unit: 105 feet
One-unit: 70 feet
Two-unit: 105 feet
Three-unit: 120 to 140 feet
Four-unit: 150 feet to 175 feet
Maximum building height
40 feet or 2 1/2 stories, whichever is less
40 feet or 2 1/2 stories, whichever is less
35 feet or 2 1/2 stories, whichever is less
35 feet or 2 1/2 stories, whichever is less
35 feet or 2 1/2 stories, whichever is less
35 feet or 2 1/2 stories, whichever is less
Minimum front yard1
40 feet
30 feet
25 feet
25 feet
25 feet
25 feet
Minimum side yard (interior)
10 feet
7 feet
7 feet
7 feet
7 feet
7 feet
Minimum side yard (corner)
20 feet
12 feet
12 feet
12 feet
12 feet
12 feet
Minimum rear yard
50 feet
35 feet
25 feet3
25 feet3
25 feet4
25 feet4
Minimum open space
—
—
—
—
20%2
20%2
Notes:
1
Where 50% or more of the street frontage of the block has existing principal building setbacks less than the front or corner side yard required by the zoning district, the required front yard or corner side yard may be reduced to the average of the existing front or exterior side yard setbacks on that street frontage of the block. Only front yard setbacks shall be used to compute the reduced front yard setback; only corner side yard setbacks shall be used to compute the reduced corner side yard setback.
2
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
3
The rear yard setback shall be 25 feet or 20% of the depth of the lot, whichever amount is smaller, but in no event less than 15 feet.
4
The rear yard setback shall be 25 feet or 20% of the depth of the lot, whichever amount is smaller, but in no event less than 15 feet. This shall only apply to one- and two-unit dwellings within the SR-4 and SR-5 Districts.
Table 5.3-2
Suburban Residential District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
SR-E
SR-1
SR-2
SR-3
SR-4
SR-5
Specific Use Standards
Residential Uses
Artist live/work space
Y
Assisted-living facility
Dwelling unit, auxiliary (attached)
C
C
C
C
Y
Dwelling unit, auxiliary (detached)
Y
Dwelling, efficiency/micro
Dwelling, one-unit
P
P
P
P
P
P
Dwelling, townhouse
P
P
P
Y
Dwelling, two-unit (duplex)
P
P
Dwelling, three-unit (triplex)
P
Dwelling, four-unit
P
Dwelling, multi-unit
Y
Dwelling, upper level
Family home
P
P
P
P
P
P
Group home, large
C
C
C
C
C
C
Y
Group home, small
P
P
P
P
P
P
Y
Independent-living facility
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
Carnival (as temporary use)
Y
Convent/Monastery
A
A
A
A
A
A
Cultural facility
Golf course
Indoor recreation and amusement
Live entertainment
Lodge or private club
Outdoor dining
Outdoor amusement
Outdoor recreation
Outdoor entertainment, temporary
Park, neighborhood
P
P
P
P
P
P
Place of worship
C
C
C
C
C
C
Public plaza
Theater (small/large)
Other
Horse stables, private
Parking garage/structure
Parking lot, private
A
A
A
A
A
A
Parking lot, public
Transportation operations facility
Communications tower
C
C
C
C
C
C
Y
Communications antenna
A
A
A
A
A
A
Y
Composting
A
A
A
A
A
A
Y
Honeybees
C
C
C
C
C
C
Y
Rooftop greenhouse
C
C
C
C
C
C
Y
Urban farm, ground level, large
C
C
C
C
C
C
Y
Urban farm, ground level, small
P
P
P
P
P
P
Y
Urban farm, roof level, large
C
C
C
C
C
C
Y
Urban farm, roof level, small
P
P
P
P
P
P
Y
Utility, community/regional
C
C
C
C
C
C
Utility, local
P
P
P
P
P
P
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§ 340-5.4 Traditional Residential Districts.

[Amended 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
TR-1 Traditional Low-Density Single-Family Residential District. The TR-1 Traditional Low Density Single-Family Residential District is intended to stabilize and protect the characteristics of mature residential areas typically located near Uptown Marion or a part of the Original City. The district is designed for the preservation of low-density one-unit areas free from other uses except those which are both compatible with and convenient to the residents of such a district.
(2) 
TR-2 Traditional Medium-Density Single-Family Residential District. The TR-2 Traditional Medium-Density Single-Family Residential District is intended to stabilize and protect the characteristics of mature residential areas typically located near Uptown Marion or a part of the Original City. The district is designed for the preservation of medium-density one-unit areas free from other uses except those which are both compatible with and convenient to the residents of such a district.
(3) 
TR-3 Traditional Two-Family Residential District. The TR-3 Traditional Two-Family Residential District is intended to stabilize and protect the characteristics of mature residential areas typically located near Uptown Marion or a part of the Original City. The district is designed for the preservation of medium-density one- and two-unit residential homes free from other uses except those which are both compatible with and convenient to the residents of such a district. Generally, multi-unit dwellings are converted large one-unit homes.
(4) 
TR-4 Traditional Four-Family Residential District. The TR-4 Traditional Four-Family Residential District is provided to accommodate those older established areas of the City which contain a mix of one- to four-unit residential home development near Uptown Marion or a part of the Original City. Generally, multi-unit dwellings are converted large one-unit homes.
B. 
Bulk regulations. Table 5.4-1 establishes bulk regulations for the residential districts. Article X specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.4-2 lists permitted uses, conditional uses and permitted as accessory use for the residential districts.
Table 5.4-1
Traditional Residential District Bulk Requirements
Zoning District
TR-1
TR-2
TR-3
TR-4
Minimum lot area
6,000 square feet
5,000 square feet
5,000 square feet
5,000 square feet
Minimum lot width
60 feet
50 feet
50 feet
50 feet
Maximum building height
35 feet or 2 1/2 stories
35 feet or 2 1/2 stories
35 feet or 2 1/2 stories
35 feet or 2 1/2 stories
Minimum front yard2
15 to 20 feet
15 to 20 feet
15 to 20 feet
15 to 20 feet
Minimum side yard (interior)
7 feet
5 feet
5 feet
5 feet
Minimum side yard (corner)
12 feet
12 feet
12 feet
12 feet
Minimum rear yard3
25 feet
25 feet
25 feet
25 feet
Minimum open space
—
—
—
20%4
Landscape required
—
—
—
—
Notes:
1
(Reserved)
2
Where 50% or more of the street frontage of the block has existing principal building setbacks less than the front or corner side yard required by the zoning district, the required front yard or corner side yard may be reduced to the average of the existing front or exterior side yard setbacks on that street frontage of the block. Only front yard setbacks shall be used to compute the reduced front yard setback, only corner side yard setbacks shall be used to compute the reduced corner side yard setback; shall only apply to the TR-1, TR-2, TR-3 and TR-4 Zoning Districts.
3
25 feet or 20% of the depth of the lot, whichever amount is smaller, but in no event less than 15 feet; shall only apply to the TR-1, TR-2, TR-3 and TR-4 Zoning Districts.
4
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
Table 5.4-2
Traditional Residential District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
TR-1
TR-2
TR-3
TR-4
Specific Use Standards
Residential Uses
Artist live/work space
Y
Assisted-living facility
C
Dwelling unit, auxiliary (attached)
C
C
C
C
Y
Dwelling unit, auxiliary (detached)
C
C
C
C
Y
Dwelling, efficiency/micro
Dwelling, one-unit
P
P
P
P
Dwelling, townhouse
P
P
Y
Dwelling, two-unit (duplex)
P
P
Dwelling, three-unit (triplex)
P
Dwelling, four-unit
P
Dwelling, multi-unit
Y
Dwelling, upper level
Family home
P
P
P
P
Group home, large
C
C
C
C
Y
Group home, small
P
P
P
P
Y
Independent-living facility
C
Retail and Service Uses
Bank
Bed-and-breakfast
P
Y
Car wash
Y
Coffee or tea room
Day-care center
Deep discount store
Delayed deposit
Y
Drive-thru facility
Y
Financial institution
Firework sales
Funeral home/mortuary
Gas station
Y
Grocery
Grocery, medium
Grocery, neighborhood
Heavy retail and service
Home improvement center
Hotel/Motel
Kennel
Y
Liquor, tobacco and vape shop
Medical cannabidiol dispensaries (sales)
Y
Medical/Dental clinic
Medical/Dental clinic, not exceeding 3,500 square feet gross floor area
Micro-brewery/micro-distillery/micro-winery
Motor vehicle rental
Motor vehicle sales and leasing
Y
Motor vehicle service and repair, major
Y
Motor vehicle service and repair, minor
Y
Office, business and professional
Outdoor sales, permanent
Y
Outdoor sales, temporary
Y
Pawn shop
Y
Personal services
Professional training center
Restaurant
Retail sales not exceeding 2,500 square feet gross floor area
Retail sales, large
Retail sales, medium
Retail sales, small
Retail sales, specialty
Sexually oriented business
Chapter 263, Code of Ordinances
Tattoo parlor/body piercing studio
Tavern/Bar
Veterinary office/animal hospital
Y
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
Carnival (as temporary use)
Y
Convent/Monastery
A
A
A
P
Cultural facility
Golf course
Indoor recreation and amusement
Live entertainment
Lodge or private club
Outdoor dining
Outdoor amusement
Outdoor recreation
Outdoor entertainment, temporary
Park, neighborhood
P
P
P
P
Place of worship
C
C
C
C
Public plaza
Theater (small/large)
Governmental and Institutional Uses
Airport
Cemetery
College/University
Correctional facility
Emergency medical center
Fairground
Heliport
Homeless shelter
Hospice
Hospital
Library
Nursing home
C
Office, government
Post office
Police firearms training range
Public service facility
School, specialized instructional
School, primary or secondary
Other
Horse stables, private
Parking garage/structure
Parking lot, private
A
A
A
A
Parking lot, public
Transportation operations facility
Communications tower
C
C
C
C
Y
Communications antenna
A
A
A
A
Y
Composting
A
A
A
A
Y
Honeybees
C
C
C
C
Y
Rooftop greenhouse
C
C
C
C
Y
Urban farm, ground level, large
C
C
C
C
Y
Urban farm, ground level, small
P
P
P
P
Y
Urban farm, roof level, large
C
C
C
C
Y
Urban farm, roof level, small
P
P
P
P
Y
Utility, community/regional
C
C
C
C
Utility, local
P
P
P
P
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§ 340-5.5 Multiple-Family Residential Districts.

[Amended 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
MR-1 Medium-Density Multiple-Family Residential District. The MR-1 Medium-Density Multiple-Family Residential District is intended and designed for certain medium-density residential areas of the City. The MR-1 is characterized by medium-sized multi-unit buildings on a single lot or a multi-unit complex consisting of several multi-unit buildings on a single lot. The maximum density in the MR-1 is eight units per acre. The MR-1 also provides for limited institutional uses that are compatible with surrounding residential neighborhoods.
(2) 
MR-2 High-Density Multiple-Family Residential Density. The MR-2 High-Density Multiple-Family Residential District is intended and designed for certain high-density residential areas of the City. The MR-2 is characterized by large multi-unit buildings on a single lot or a multi-unit complex consisting of several multi-unit buildings on a single lot. The maximum density in the MR-2 is 20 units per acre. The MR-2 also provides for limited institutional uses that are compatible with surrounding residential neighborhoods.
B. 
Bulk regulations. Table 5.5-1 establishes bulk regulations for the Multiple-Family Residential Districts. Article X specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.5-2 lists permitted uses, conditional uses and permitted as accessory use for the Multiple-Family Residential Districts.
Table 5.5-1
Multifamily Residential District Bulk Requirements
Zoning District
MR-1
MR-2
Minimum lot area
8,000 square feet
2 acres (87,120 square feet)
Minimum lot width
100 feet
200 feet
Maximum building height
45 feet or 3 stories
45 feet or 3 stories1
Minimum front yard2
25 feet
25 feet
Minimum side yard (interior)
12 feet
12 feet
Minimum side yard (corner)
12 feet
12 feet
Minimum rear yard3
25 feet
25 feet
Minimum open space
20%2
20%2
Landscape required
Yes
Yes
Notes:
1
Whichever is less, except that the maximum height may increase by one foot for each 1/2 foot that the front, rear and interior and corner side yard setbacks are increased over the required minimums, up to a maximum of 100 feet in height with no limit on the number of stories.
2
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
Table 5.5-2
Multiple-Family Residential District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
MR-1
MR-2
Specific Use Standards
Residential Uses
Artist live/work space
Y
Assisted-living facility
P
P
Dwelling unit, auxiliary (attached)
Y
Dwelling unit, auxiliary (detached)
Y
Dwelling, efficiency/micro
Dwelling, one-unit
Dwelling, townhouse
P
P
Y
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit
P
P
Y
Dwelling, upper level
Family home
P
Group home, large
P
P
Y
Group home, small
P
Y
Independent-living facility
P
P
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
Carnival (as temporary use)
Y
Convent/Monastery
P
P
Cultural facility
Golf course
Indoor recreation and amusement
Live entertainment
Lodge or private club
Outdoor dining
Outdoor amusement
Outdoor recreation
Outdoor entertainment, temporary
Park, neighborhood
P
P
Place of worship
C
C
Public plaza
Theater (small/large)
Governmental and Institutional Uses
Airport
Cemetery
College/University
Correctional facility
Emergency medical center
Fairground
Heliport
Homeless shelter
Hospice
Hospital
Library
Nursing home
P
P
Office, government
Post office
Police firearms training range
Public service facility
School, specialized instructional
School, primary or secondary
Other
Horse stables, private
Parking garage/structure
Parking lot, private
A
A
Parking lot, public
Transportation operations facility
Communications tower
C
C
Y
Communications antenna
A
A
Y
Composting
A
A
Y
Honeybees
C
C
Y
Rooftop greenhouse
C
C
Y
Urban farm, ground level, large
C
C
Y
Urban farm, ground level, small
P
P
Y
Urban farm, roof level, large
C
C
Y
Urban farm, roof level, small
P
P
Y
Utility, community/regional
C
C
Utility, local
P
P
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§ 340-5.6 Business and Mixed-Use Districts.

[Amended 6-19-2025 by Ord. No. 25-16; 9-4-2025 by Ord. No. 25-24]
A. 
Districts.
(1) 
BL Local Business District. The purpose of the BL Local Business District is to provide locations for small-scale service and retail uses that primarily serve the convenience needs of residential neighborhoods. The BL District permits a mix of uses, but care must be taken to ensure that adequate access, parking and screening are provided so as not to negatively impact adjoining residential neighborhoods, and building design should be compatible with residential properties.
(2) 
BC Community Business District. The purpose of the BC Community Business District is to accommodate mid-size retail and service development along strategic regional arterial corridors such as Tower Terrace Road and Marion Boulevard. Uses in the BC District have the potential to generate significant automobile traffic and, therefore, care must be taken to properly design access and parking facilities. Since this district is located along the roads that serve as gateways into Marion, quality building architecture, landscaping and other site improvements are necessary to ensure this type of development enhances Marion's image.
(3) 
BR Regional Business District. The purpose of the BR Regional Business District is to provide locations along strategic regional arterial corridors for shopping centers and business uses that draw patrons from Marion's surrounding communities and the broader region. The BR District consists primarily of large-scale development that has the potential to generate significant automobile traffic. It should be designed in a coordinated manner with an interconnected street network that is consistent with the City's Comprehensive Plan. Uncoordinated, piecemeal development of small parcels that do not fit into a larger context are discouraged in the BR District. Compatible land uses, access, traffic circulation, stormwater management and natural features all should be integrated into an overall development plan. Because this district is primarily at high-visibility locations, quality building architecture, landscaping and other site improvements are required to ensure superior aesthetic and functional quality.
B. 
Bulk regulations. Table 5.6-1 establishes bulk regulations for the Business and Mixed-Use Districts. Article X specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.6-2 lists permitted uses, conditional uses and permitted as accessory uses for the Business and Mixed-Use Districts.
Table 5.6-1
Business and Mixed-Use District Bulk Requirements
Zoning District
BL
BC
BR
Minimum lot area
6,000 square feet
1 acre (43,560 square feet)
1 acre (43,560 square feet)
Minimum lot width
60 feet
0 feet
0 feet
Maximum building height
2.5 stories or 35 feet
3 stories or 45 feet
3 stories1 or 45 feet
Minimum front yard
25 feet
20 feet
20 feet
Minimum side yard (interior)
0 feet2
0 feet2
15 feet
Minimum side yard (corner)
12 feet
12 feet
15 feet
Minimum rear yard
0 feet3
0 feet3
0 feet3
Minimum open space
—
20%4
20%4
Landscape required
Yes
Yes
Yes
Notes:
1
Except that the maximum height may increase by one foot for each 1/2 foot that the front, rear and side yard setbacks are increased over the required minimums, up to a maximum of 150 feet in height with no limit on the number of stories.
2
Except when a lot abuts a Suburban Residential or Traditional Residential District, in which case there shall be a side yard setback of 7 feet.
3
Except when a lot abuts a Suburban Residential or Traditional Residential District, in which case there shall be a rear yard setback of 25 feet or 20% for the lot depth, whichever amount is smaller, but in no event less than 15 feet.
4
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
Ch. 340-5.6, Table 5.6-2
Zoning Districts — Permitted and Conditional Uses
P = Permitted Use
BL
BC
BR
Specific Use Standards
C = Conditional Use
A = Permitted as Accessory Use
RESIDENTIAL USES
Artist Work/Live
Y
Assisted Living Facility
C
P
Dwelling Unit, Auxiliary (attached)
Y
Dwelling Unit, Auxiliary (detached)
Y
Dwelling, Efficiency/Micro
Dwelling, One-Unit
Dwelling, Townhouse
Y
Dwelling, Two-Unit (duplex)
Dwelling, Three-Unit (triplex)
Dwelling, Four-Unit
Dwelling, Multi-Unit
C
C
C
Y
Dwelling, Upper Level
P
P
P
Family Home
Group Home, Large
Y
Group Home, Small
Y
Independent Living Facility
C
RETAIL AND SERVICE USES
Bank
P
P
P
Bed-and-Breakfast
Y
Car Wash
C1
P1
Y
Coffee or Tea Room
P
P
P
Day-Care Center
P
P
P
Deep Discount Store
P
P
P
Delayed Deposit
P
P
Y
Drive-Thru Facility
C
A
Y
Financial Institution
P
P
P
Firework Sales
P
P
P
Funeral Home/Mortuary
P
Gas Station
C
P
Y
Grocery
P1
P
Grocery, Medium
P
P
Grocery - Neighborhood
P
P
P
Heavy Retail and Service
P
Home Improvement Center
P
Hotel/Motel
C1
P1
Kennel
Y
Liquor, Tabacco and Vape Shop
P1
P1
P1
Medical Cannabidiol Dispensaries (Sales)
P1
Y
Medical/Dental Clinic
P
P
Medical/Dental Clinic, not exceeding 3,500 gross floor area
P
Microbrewery/Micro-Distillery/Micro-Winery
P
P
Motor Vehicle Rental
A
Motor Vehicle Sales and Leasing
P
Y
Motor Vehicle Service and Repair, Major
Y
Motor Vehicle Service and Repair, Minor
P1
P1
Y
Office, Business and Professional
P
P
P
Outdoor Sales, Permanent
CA
CA
Y
Outdoor Sales, Temporary
A
A
A
Y
Pawn Shop
CA
Y
Personal Services
P
P
P
Professional Training Center
Restaurant
C
P
P
Retail Sales not exceeding 2,500 gross floor area
P
P
P
Retail Sales, Large
P
P
Retail Sales, Medium
P
P
Retail Sales, Small
P
P
P
Retail Sales, Specialty
P
P
P
Sexually Oriented Business
C
Chapter 263, Code of Ord.
Tattoo Parlor/Body Piercing Studio
C
P
Tavern/Bar
C
P
Veterinary Office/Animal Hospital
P
P
Y
INDUSTRIAL/STORAGE USES
Crematory Retort
A1,2,3
Junk/Salvage Yard
Manufacturing, Heavy
Manufacturing, Light
Medical Cannabidiol Manufacturing
Y
Mini-Warehouse
Y
Self-Storage, Interior Access
P1,2
Y
Storage Units, Commercial
Y
Storage Units, Commercial, Temporary
A
A
Y
Motor Vehicle Storage, Permanent
Y
Motor Vehicle Storage, Temporary
P
Y
Outdoor Storage
Y
Recycling Facility
Research and Development Use
Warehouse/Distribution
CULTURAL, RELIGIOUS, RECREATIONAL AND ENTERTAINMENT USES
Art Gallery/Studio
P
P
P
Carnival (as temporary use)
P
P
Y
Convent/Monastery
Cultural Facility
P
P
Golf Course
Indoor Recreation and Amusement
P
P
Live Entertainment
A
A
Lodge or Private Club
P
P
P
Outdoor Dining
A
P
P
Outdoor Amusement
CA
Outdoor Recreation
P
P
Outdoor Entertainment, Temporary
A
A
A
Park, Neighborhood
P
Place of Worship
P
P
P
Public Plaza
A
A
A
Theater (Small/Large)
P
P
GOVERNMENTAL AND INSTITUTIONAL USES
Airport
Cemetery
College/University
P
P
Correctional Facility
Emergency Medical Center
P
Fairground
C
Heliport
AC
Homeless Shelter
Hospice
Hospital
P
Library
Nursing Home
C
P
Office, Government
P
Post Office
P
P
Police Firearms Training Range
Public Service Facility
P
P
School, Specialized Instructional
P
P
P
School, Primary or Secondary
OTHER
Horse Stables, Private
Parking Garage/Structure
A
Parking Lot, Private
A
A
A
Parking Lot, Public
Transportation Operations Facility
C
P
Communication Tower
C
C
Y
Communication Antenna
P
P
P
Y
Composting
A
A
A
Y
Honeybees
C
C
C
Y
Rooftop Greenhouse
P
P
P
Y
Urban Farm, Ground Level - Large
C
C
C
Y
Urban Farm, Ground Level - Small
P
P
P
Y
Urban Farm, Roof Level - Large
C
C
C
Y
Urban Farm, Roof Level - Small
P
P
P
Y
Utility, Community/Regional
C
C
C
Utility, Local
P
P
P
Small Wireless Facility Design and Review Guideline Policy
Notes:
1.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Tower Terrace Road right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
2.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 151, 10th Avenue east of 35th Street, or Marion Boulevard right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
3.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 13 and Highway 100 right-of-way within City limits. May be subject to additional locational and design standards in Article IX.

§ 340-5.7 Office/Service and Manufacturing Districts.

[Amended 8-3-2023 by Ord. No. 23-19; 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
OS Office/Service District. The OS Office/Service District is designed to accommodate office and certain service and research uses that require a percentage of lower building coverage and larger setbacks than those types of office and service uses found within the commercial districts. The OS District is designed to provide an open, landscaped appearance along public streets and to provide a buffer area between residential uses and other commercial or industrial uses.
(2) 
M-1 Light Manufacturing District. The purpose of the M-1 Light Manufacturing District is to accommodate a wide range of industries whose primary operations occur entirely within enclosed structures, and which pose limited potential for environmental impacts on neighboring uses. While the emphasis is on industrial, manufacturing and related uses, small-scale office and commercial uses intended to serve nearby industries and employees are permitted. The uses typically will include clean, nonobjectionable industries whose operating characteristics are either confined completely within the property or result in limited secondary impacts in terms of traffic, air emissions and hours of operation.
(3) 
M-2 General Manufacturing District. The purpose of the M-2 General Manufacturing District is to accommodate a wide range of manufacturing, assembly, processing and warehousing and office/research activities, both as individual users and in a business park setting. New development and redevelopment in this district shall focus on providing sufficient setbacks and adequate landscaping and buffering from adjacent nonindustrial uses and public rights-of-way. Outdoor storage and loading, and other outdoor activities, shall be adequately screened. Certain general industrial uses that may tend to be objectionable due to their odor, vibrations, smoke, glare, heat noise or similar characteristics are provided as conditional uses in this district.
B. 
Bulk regulations. Table 5.7-1 establishes bulk regulations for the Office/Service and Manufacturing Districts. Article X specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.7-2 lists permitted uses, conditional uses and permitted as accessory uses for the Office/Service and Manufacturing Districts.
Table 5.7-1
Office/Service and Manufacturing District Bulk Requirements
Zoning District
OS
M-1
M-2
Minimum lot area
21,000 square feet
—
—
Minimum lot width
None
None
None
Maximum building height
3 stories or 45 feet1
3 stories or 35 feet
3 stories or 45 feet1
Minimum front yard
25 feet3
25 feet3
25 feet3
Minimum side yard (interior)
15 feet
0 feet
0 feet
Minimum side yard (corner)
15 feet4
15 feet4
15 feet4
Minimum rear yard
25 feet
0 feet5
0 feet5
Minimum open space
20%2
—
—
Landscape required
Yes
Yes
Yes
Notes:
1
Maximum height may increase by one foot for every 1/2 foot that the front, rear and side yard setbacks are increased over the required minimums, up to a maximum of 150 feet in height with no limit on the number of stories.
2
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
3
Minimum front yard setback may decrease to a minimum of 12 feet for lots less than 1.5 acres.
4
Minimum corner yard setback may decrease to a minimum of 12 feet for lots less than 1.5 acres.
5
Except when the rear yard abuts a Suburban Residential or Traditional Residential District, in which case there shall be a rear yard setback of 25 feet.
Table 5.7-2
Office/Service and Manufacturing District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
OS
M-1
M-2
Specific Use Standards
Residential Uses
Artist live/work space
Y
Assisted-living facility
P
Dwelling unit, auxiliary (attached)
Y
Dwelling unit, auxiliary (detached)
Y
Dwelling, efficiency/micro
Dwelling, one-unit
Dwelling, townhouse
P
Y
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit
C
Y
Dwelling, upper level
P
Family home
Group home, large
Y
Group home, small
Y
Independent-living facility
P
Retail and Service Uses
Bank
P
Bed-and-breakfast
Y
Car wash
P1
P1
Y
Coffee or tea room
Day-care center
P
Deep discount store
Delayed deposit
Y
Drive-thru facility
A
Y
Financial institution
P
Firework sales
P
P
Funeral home/mortuary
P
Gas station
P
P
Y
Grocery
Grocery, medium
Grocery, neighborhood
Heavy retail and service
P
P
Home improvement center
Hotel/Motel
P
Kennel
P
P
Y
Liquor, tobacco and vape shop
Medical cannabidiol dispensaries (sales)
Y
Medical/Dental clinic
P
Medical/Dental clinic, not exceeding 3,500 square feet gross floor area.
Micro-brewery/micro-distillery/micro-winery
Motor vehicle rental
P
P
P
Motor vehicle sales and leasing
Y
Motor vehicle service and repair, major
C
P
Y
Motor vehicle service and repair, minor
P
P
Y
Office, business and professional
P
P
P
Outdoor sales, permanent
A
P
Y
Outdoor sales, temporary
A
A
Y
Pawn shop
Y
Personal services
P
Professional training center
P
Restaurant
Retail sales not exceeding 2,500 square feet gross floor area
Retail sales, large
Retail sales, medium
Retail sales, small
Retail sales, specialty
Sexually oriented business
Chapter 263, Code of Ordinances
Tattoo parlor/body piercing studio
Tavern/Bar
Veterinary office/animal hospital
P
P
P
Y
Industrial/Storage Uses
Crematory retort
A
P
P
Junk/Salvage yard
C
Manufacturing, heavy
C
Manufacturing, light
P
P
Medical cannabidiol manufacturing
P
P
Y
Mini-warehouse
P
P
Y
Self-storage, interior access
P
P
Y
Storage units, commercial
AC
AC
Y
Storage units, commercial, temporary
A
A
Y
Motor vehicle storage, permanent
P1,2,3
P1,2,3
Y
Motor vehicle storage, temporary
Y
Outdoor storage
A
A
Recycling facility
C
Research and development use
P
P
P
Warehouse/Distribution
P
P
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
P
P
Carnival (as temporary use)
Y
Convent/Monastery
Cultural facility
P
P
P
Golf course
Indoor recreation and amusement
P
C
P
Live entertainment
Lodge or private club
Outdoor dining
Outdoor amusement
A
A
C
Outdoor recreation
A
A
C
Outdoor entertainment, temporary
P
P
Park, neighborhood
Place of worship
P
C
C
Public plaza
Theater (small/large)
Governmental and Institutional Uses
Airport
P
Cemetery
College/University
P
Correctional facility
C
Emergency medical center
Fairground
Heliport
AC
Homeless shelter
Hospice
P
Hospital
P
Library
Nursing home
P
Office, government
P
P
P
Post office
P
Police firearms training range
C
Public service facility
P
P
School, specialized instructional
P
P
P
School, primary or secondary
Other
Horse stables, private
Parking garage/structure
A
A
A
Parking lot, private
A
A
A
Parking lot, public
P
P
P
Transportation operations facility
C
P
Communications tower
P
P
P
Y
Communications antenna
P
P
P
Y
Composting
A
A
A
Y
Honeybees
C
C
C
Y
Rooftop greenhouse
P
P
P
Y
Urban farm, ground level, large
C
P
P
Y
Urban farm, ground level, small
P
P
P
Y
Urban farm, roof level, large
C
C
C
Y
Urban farm, roof level, small
P
P
P
Y
Utility, community/regional
C
C
C
Utility, local
P
P
P
Small Wireless Facility Design and Review Guideline Policy
Notes:
1.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Tower Terrace Road right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
2.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 151, 10th Avenue east of 35th Street, or Marion Boulevard right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
3.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 13 and Highway 100 right-of-way within City limits. May be subject to additional locational and design standards in Article IX.

§ 340-5.8 Public Institutional and Recreation and Open Space Districts.

[Amended 6-19-2025 by Ord. No. 25-16]
A. 
Districts.
(1) 
PI Public Institutional District. The purpose of the PI Public Institutional District is to provide flexibility to the public and semi-public entities owned by the City, the school districts, public or private secondary educational institutions, and state or federal government agencies in the use of their land while protecting surrounding uses.
(2) 
ROS Recreation and Open Space District. The purpose of the ROS Recreation and Open Space District is to recognize and protect the environmental functions of certain natural and passive recreational areas, including large City greenways, parks, stormwater management areas, golf courses and similar areas. Development within the district is limited in order to protect natural drainageways and water retention areas, natural habitat for plant and animal life, steep slopes, woodlands and other resources beneficial to the community.
B. 
Bulk regulations. Table 5.8-1 establishes bulk regulations for the Public Institutional and Recreation and Open Space Districts. Article X specifies permitted encroachments in yards and setbacks applicable to accessory buildings and structures.
C. 
Permitted and conditional uses. Table 5.8-2 lists permitted uses, conditional uses and permitted as accessory uses for the Public Institutional and Recreation and Open Space Districts.
Table 5.8-1
Public Institutional and Recreation and Open Space District Bulk Requirements
Zoning District
PI
ROS
Minimum lot area
—
—
Minimum lot width
None
—
Maximum building height
3 stories or 45 feet1
35 feet or 2 1/2 stories, whichever is less1
Minimum front yard
25 feet
25 feet
Minimum side yard (interior)
25 feet
25 feet
Minimum side yard (corner)
25 feet
25 feet
Minimum rear yard
25 feet
25 feet
Minimum open space
20%2
—
Landscape required
Yes
—
Notes:
1
Maximum height may increase by one foot for every 1/2 foot that the front, rear and side yard setbacks are increased over the required minimums, up to a maximum of 150 feet in height with no limit on the number of stories.
2
Minimum open space is calculated using the buildable area and does not include that space within setbacks.
Table 5.8-2
Public Institutional and Recreation and Open Space Zoning District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
PI
ROS
Specific Use Standards
Retail and Service Uses
Bank
Bed-and-breakfast
Y
Car wash
Y
Coffee or tea room
Day-care center
A
Deep discount store
Delayed deposit
Y
Drive-thru facility
Y
Financial institution
Firework sales
Funeral home/mortuary
Gas station
Y
Grocery
Grocery, medium
Grocery, neighborhood
Heavy retail and service
Home improvement center
Hotel/Motel
Kennel
Y
Liquor, tobacco and vape shop
Medical cannabidiol dispensaries (sales)
Y
Medical/Dental clinic
Medical/Dental clinic, not exceeding 3,500 square feet gross floor area
Micro-brewery/micro-distillery/micro-winery
Motor vehicle rental
Motor vehicle sales and leasing
Y
Motor vehicle service and repair, major
Y
Motor vehicle service and repair, minor
Y
Office, business and professional
Outdoor sales, permanent
Y
Outdoor sales, temporary
A
Y
Pawn shop
Y
Personal services
Professional training center
P
Restaurant
Retail sales not exceeding 2,500 square feet gross floor area
Retail sales, large
Retail sales, medium
Retail sales, small
Retail sales, specialty
Sexually oriented business
Chapter 263, Code of Ordinances
Tattoo parlor/body piercing studio
Tavern/Bar
Veterinary office/animal hospital
Y
Industrial/Storage Uses
Crematory retort
Junk/Salvage yard
Manufacturing, heavy
Manufacturing, light
Medical cannabidiol manufacturing
Y
Mini-warehouse
Y
Self-storage, interior access
Y
Storage units, commercial
Y
Storage units, commercial, temporary
Y
Motor vehicle storage, permanent
Y
Motor vehicle storage, temporary
A
Y
Outdoor storage
A
Recycling facility
Research and development use
Warehouse/Distribution
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
A
A
Carnival (as temporary use)
P
P
Y
Convent/Monastery
A
Cultural facility
P
A
Golf course
P
Indoor recreation and amusement
A
A
Live entertainment
A
P
Lodge or private club
A
Outdoor dining
Outdoor amusement
C
CA
Outdoor recreation
P
P
Outdoor entertainment, temporary
P
P
Park, neighborhood
P
P
Place of worship
C
Public plaza
P
P
Theater (small/large)
P
Governmental and Institutional Uses
Airport
P
Cemetery
P
P
College/University
P
Correctional facility
P1
Emergency medical center
Fairground
P
P
Heliport
P1
Homeless shelter
P
Hospice
Hospital
Library
P
Nursing home
Office, government
P
Post office
P
Police firearms training range
P
Public service facility
P
School, specialized instructional
P
School, primary or secondary
P
Other
Horse stables, private
Parking garage/structure
P
Parking lot, private
A
A
Parking lot, public
P
A
Transportation operations facility
P
Communications tower
P
C
Y
Communications antenna
P
C
Y
Composting
A
A
Y
Honeybees
C
C
Y
Rooftop greenhouse
P
C
Y
Urban farm, ground level, large
C
C
Y
Urban farm, ground level, small
P
P
Y
Urban farm, roof level, large
C
C
Y
Urban farm, roof level, small
P
P
Y
Utility, community/regional
C
C
Utility, local
P
P
Small Wireless Facility Design and Review Guideline Policy
Notes:
1.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Tower Terrace Road right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
2.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 151, 10th Avenue east of 35th Street, or Marion Boulevard right-of-way within City limits. May be subject to additional locational and design standards in Article IX.
3.
Not permitted on lots that have any portion of the lot within 600 feet of the closest Highway 13 and Highway 100 right-of-way within City limits. May be subject to additional locational and design standards in Article IX.

§ 340-5.9 Central Corridor Districts.

[Amended 4-3-2025 by Ord. No. 25-06; 6-19-2025 by Ord. No. 25-16]
A. 
Purpose. The purpose of the Central Corridor Zoning Districts is to promote a built environment which is street-oriented while encouraging pedestrian activity, and residents living, working and shopping along the corridor.
B. 
Applicability. The zoning districts, design standards and permitted uses indicated within the Marion Central Corridor Districts Plan - 2019 are hereby adopted as an amendment to the Zoning Code and shall be illustrated on the Zoning Map. Where inconsistencies exist between the Central Corridor regulations and other provisions of the Code of Ordinances, the Central Corridor regulations shall apply.
C. 
District and subdistrict boundaries. The Central Corridor District is known as the area generally between 2nd Street and 31st Street and 5th Avenue and 9th Avenue. The District incorporates the subdistricts of the Uptown Marion Main Street District and locally and nationally recognized historic districts. Both subdistricts will have additional review processes outlined within this chapter, and said subdistrict boundaries shall be applied to the base district designation.
D. 
Uptown 1 (U-1) District standards. The U-1 Uptown District is the Central Business District, which includes the Central Business Historic District. The intent of the U-1 District is to preserve and promote the quality of life and historic business district. These regulations are intended to preserve the historic buildings and in turn ensure the continued commercial viability by maintaining the use of quality building materials, encouraging pedestrian traffic and preserving and enhancing community gathering spaces. The historic reference for this type of urban form is seen on the north side of 7th Avenue, between 10th Street and 13th Street. As such, new development and preservation of existing buildings are required to emulate this historic urban form.
Uptown 1 (U-1) District Standards
340 U-1 20230203-1.tif
Uptown 1 (U-1) District Standards (cont'd)
340 U-1 20230203-2.tif
E. 
Uptown 2 (U-2) District standards. The U-2 Uptown District is located adjacent to the U-1 District and in context with the roundabouts at 7th Street and 15th Street. The U-2 District is intended to be a more intensive use district than the U-1 District and allows for full block buildout and higher densities. The District encourages residential, service and retail uses to develop in a mixed-use environment that supports uptown living, shopping and working. Similar to the U-1 District, quality materials and pedestrian circulation and amenities are encouraged to provide community gathering spaces.
Uptown 2 (U-2) District Standards
340 U-2 20230203-1.tif
Uptown 2 (U-2) District Standards (cont'd)
340 U-2 20230203-2.tif
F. 
Urban Transition Residential 1 (UTR-1) District standards. The UTR-1 Urban Transition Residential District is a transitional zoning district located between 7th Avenue and 8th Avenue. This District is adjacent to exiting low-density residential areas north of 8th Avenue and generally shares a rear property line with more intense commercial development adjacent to 7th Avenue. The intent of the district is to promote residential development in medium densities to serve as a buffer between commercial development and primarily low-density residential neighborhoods. Lower density multi-unit development is encouraged in the district.
Urban Transition Residential (UTR-1) District Standards
340 UTR-1 20230203-1.tif
Urban Transition Residential (UTR-1) District Standards (cont'd)
340 UTR-1 20230203-2.tif
G. 
Urban Transition Residential 2 (UTR-2) District standards. The UTR-2 Urban Transition Residential District is located between 5th Avenue and 6th Avenue, east of 15th Street. It formerly contained warehouse and light industrial uses and is directly adjacent to existing medium-density residential areas. The intent of the district is to encourage medium- and high-density residential development with limited support commercial activities that would buffer the existing one-unit neighborhoods from more intensive commercial development along 6th Avenue. Development is encouraged to respect the relationship to the existing lower density residential neighborhoods south of 5th Avenue. Medium- and high-density developments are encouraged to orient to 6th Avenue.
Urban Transition Residential (UTR-2) District Standards
340 UTR-2 20230203-1.tif
Urban Transition Residential (UTR-2) District Standards (cont'd)
340 UTR-2 20230203-2.tif
H. 
Urban Transition Commercial 1 (UTC-1) District standards. The UTC-1 Urban Transition Commercial District is a transitional zoning district located on the north side of 7th Avenue south of the Pucker Street Historic District and on either side of 7th Avenue west of 6th Street. The District provides a buffer to residential areas north of the traditional Central Business District. The intent of the district is to promote commercial development which respects the relationship to adjacent residential neighborhoods. Development will be encouraged to orient entrances to the primary street frontage and respect and be compatible with adjacent residential uses.
Urban Transition Commercial (UTC-1) District Standards
340 UTC-1 20230203-1.tif
Urban Transition Commercial (UTC-1) District Standards (cont'd)
340 UTC-1 20230203-2.tif
I. 
Urban Transition Commercial 2 (UTC-2) District standards. The UTC-2 Urban Transitional Commercial District is located primarily between 6th Avenue and 7th Avenue east of the traditional Central Business District. There is a commercial focus to the district with an intent to encourage pedestrian-oriented development yet provide for limited off-street parking. Buildings are encouraged to be close to the front and side property lines, with parking being directed to the center of the lot. Development in the district is encouraged to provide frontage to 6th Avenue and 7th Avenue.
Urban Transition Commercial (UTC-2) District Standards
340 UTC-2 20230203-1.tif
Urban Transition Commercial (UTC-2) District Standards (cont'd)
340 UTC-2 20230203-2.tif
J. 
Urban Commercial 1 (UC-1) District standards. The UC-1 Urban Commercial District is similar to Marion's current C-3 General Commercial Zoning District. Located on the east end of Marion's Central Corridor, the district serves as a transition district to the standard zoning districts east of the Central Corridor.
Urban Commercial (UC-1) District Standards
340 UC-1 20230203-1.tif
Urban Commercial (UC-1) District Standards (cont'd)
340 UC-1 20230203-2.tif
K. 
District standards. In the interest of promoting the general welfare of the community and to protect the value of buildings and property, the image and character of a community is considered important.
District Standards
340 Dist Stds 20230203-1.tif
District Standards (cont'd)
340 Dist Stds 20230203-2.tif
L. 
Permitted uses.
Table 5.9-1
Central Corridor Zoning District Permitted and Conditional Uses
P = Permitted Use
C = Conditional Use
A = Permitted as Accessory Use
U-1
U-2
UTR-1
UTR-2
UTC-1
UTC-2
UC-1
Specific Use Standards
Residential Uses
Artist live/work space
P
P
Y
Assisted-living facility
P
Dwelling unit, auxiliary (attached)
P
P
Y
Dwelling unit, auxiliary (detached)
P
P
Y
Dwelling, efficiency/micro
P
P
Dwelling, one-unit
P
P
Dwelling, townhouse
P
P
Y
Dwelling, two-unit (duplex)
P
P
Dwelling, three-unit (triplex)
P
P
Dwelling, four-unit
P
P
Dwelling, multi-unit
P
P
P
Y
Dwelling, upper level
P
P
P
P
P
P
Family home
P
P
P
Group home, large
P
P
Y
Group home, small
P
P
Y
Independent-living facility
P
Retail and Service Uses
Bank
P
P
P
P
P
Bed-and-breakfast
C
Y
Car wash
C
Y
Coffee or tea room
C
Day-care center
C
C
C
Deep discount store
Delayed deposit
C
C
Y
Drive-thru facility
CA
CA
CA
A
Y
Financial institution
P
P
P
P
P
Firework sales
P
P
P
P
P
Funeral home/mortuary
Gas station
C
C
Y
Grocery
P
Grocery, medium
P
Grocery, neighborhood
P
P
P
P
P
Heavy retail and service
Home improvement center
Hotel/Motel
P
P
P
P
P
Kennel
Y
Liquor, tobacco and vape shop
Medical cannabidiol dispensaries (sales)
Y
Medical/Dental clinic
P
P
P
P
Medical/Dental clinic, not exceeding 3,500 square feet gross floor area
P
P
P
P
P
Micro-brewery/micro-distillery/micro-winery
P
P
P
P
Motor vehicle rental
Motor vehicle sales and leasing
Y
Motor vehicle service and repair, major
Y
Motor vehicle service and repair, minor
Y
Office, business and professional
P
P
P
P
P
Outdoor sales, permanent
Y
Outdoor sales, temporary
A
A
A
A
A
Y
Pawn shop
P
P
P
Y
Personal services
P
P
P
P
P
Professional training center
P
P
P
P
P
Restaurant
P
P
P
P
P
Retail sales not exceeding 2,500 square feet gross floor area
P
P
C
A
A
A
Retail sales, large
Retail sales, medium
P
P
Retail sales, small
P
P
P
P
P
Retail sales, specialty
P
P
P
P
P
Sexually oriented business
Chapter 263, Code of Ordinances
Tattoo parlor/body piercing studio
P
P
P
P
P
Tavern/Bar
P
P
P
P
P
Veterinary office/animal hospital
P
P
P
Y
Cultural, Religious, Recreational and Entertainment Uses
Art gallery/studio
P
P
P
P
P
Carnival (as temporary use)
Y
Convent/Monastery
C
Cultural facility
P
P
P
P
P
Golf course
Indoor recreation and amusement
P
A
P
P
P
Live entertainment
A
A
A
A
A
Lodge or private club
P
P
P
P
P
Outdoor dining
P
P
P
P
P
Outdoor amusement
Outdoor recreation
Outdoor entertainment, temporary
P
P
P
P
P
Park, neighborhood
Place of worship
C
C
C
C
C
C
C
Public plaza
P
P
P
P
P
Theater (small/large)
P
P
P
P
P
Governmental and Institutional Uses
Airport
Cemetery
College/University
P
P
P
Correctional facility
Emergency medical center
P
Fairground
Heliport
AC
Homeless shelter
C
Hospice
Hospital
P
Library
P
P
P
P
P
Nursing home
Office, government
P
P
P
P
P
Post office
P
Police firearms training range
Public service facility
C
C
C
C
C
School, specialized instructional
P
P
P
P
School, primary or secondary
C
C
Other
Horse stables, private
Parking garage/structure
P
P
C
C
C
Parking lot, private
C
C
A
A
A
Parking lot, public
P
P
P
P
P
Transportation operations facility
C
C
Communications tower
Y
Communications antenna
A
A
A
A
A
A
A
Y
Composting
A
A
A
A
A
A
A
Y
Honeybees
C
C
C
C
C
C
C
Y
Rooftop greenhouse
P
P
C
C
P
P
P
Y
Urban farm, ground level, large
C
C
C
C
C
C
C
Y
Urban farm, ground level, small
P
P
P
P
P
P
P
Y
Urban farm, roof level, large
C
C
C
C
C
C
C
Y
Urban farm, roof level, small
P
P
P
P
P
P
P
Y
Utility, community/regional
C
C
C
C
C
C
C
Utility, local
P
P
P
P
P
P
P
Small Wireless Facility Design and Review Guideline Policy
M. 
Site and building plan review process. Any proposed substantially improved or new building structure or development in a Central Corridor Zoning District must submit a detailed site plan, building plan and color renderings for review as established below:
(1) 
"Substantial improvement" includes the following:
(a) 
Any new building construction within the Central Corridor or any renovation of an existing structure that involves any modification of the exterior appearance of the structure by virtue of adding or removing exterior windows or doors or altering the color or exterior materials of existing walls.
(b) 
All facade improvements, changes, alterations, modifications or replacement of existing facade materials will be considered a substantial improvement.
(c) 
A substantial improvement also includes any increase or decrease in existing building height and/or alteration of the existing roof pitch or appearance.
(d) 
Routine repair or replacement of existing roof materials that does not materially change the appearance, shape or configuration of the existing roof will not be considered a "substantial improvement."
(e) 
Owner-occupied detached one-unit residences will not be subject to these regulations.
(f) 
Within the Uptown Marion Subdistrict "substantial improvement" also includes:
[1] 
New, modified or replacement awning structures or similar material extensions over the public sidewalk area.
[2] 
Demolition or removal of any portion of a building otherwise not specified by these regulations.
(2) 
Standard review. Any proposed substantial improvement or new building structure located in the Central Corridor boundary, including proposed residential facilities, must submit a detailed site plan, colored renderings, elevations, material list and building plan for review and approval by the Planning and Zoning Commission and the City Council.
(3) 
Uptown Marion Subdistrict review. Any proposed substantial improved or new building structure located within the Uptown Marion Subdistrict, including proposed residential facilities, must submit a detailed site plan, colored renderings, elevations, material list and building plan for review and recommendation by the Uptown Marion Street Board of Directors or their designee for consistency with the Uptown Marion Design Guidelines prior to the project being reviewed by the City Planning and Zoning Commission and City Council.
(4) 
Historic subdistrict review. Any proposed substantial improvement or new building structure located within any local or national historic district within the Central Corridor boundary, including proposed residential facilities, must submit a detailed site plan, colored renderings, elevations, material list and building plan for review and recommendation by the Historic Preservation Commission or its designee, and a report must be provided to determine whether the project would be consistent with the historic district. Any substantial improvement or new building structure located within the Historic Subdistrict that is determined to detract from the historic district shall be denied.
(5) 
Signage review. Typical business signage shall be permitted without mandatory site plan review by the Planning and Zoning Commission and City Council. All signage shall conform to requirements of § 340-8.3, Sign regulations, except as provided for below:
(a) 
Electronic message center signs shall not be permitted within the Central Corridor IDO.
(b) 
In the Uptown Marion Subdistrict and the Historic Subdistrict, signage shall be reviewed by the Uptown Marion Street Board of Directors or its designee for consistency with the Uptown Marion Design Guidelines adopted May 7, 2014, prior to approval of a sign permit.
N. 
Emergency repairs. In the case of emergency repairs needed as the result of unanticipated building or facade damages due to events such as fire, vandalism or weather-related damages, site plan review will not be required, provided that the needed repairs do not alter the appearance of the structure prior to the event causing the unanticipated damages.

§ 340-5.10 EU-1 Exclusive Use Zone 1: Sanitary Landfill.

A. 
Findings of fact. The following facts establish the need to place sanitary landfills into an Exclusive Use Zoning District.
(1) 
Characteristics of a sanitary landfill. A sanitary landfill is primarily a one-of-a-kind community facility which may be a necessary part of the community's waste disposal system. The high volume of heavy truck traffic and the potential for associated noise, odor and other nuisance-like characteristics suggest manufacturing zoning would be appropriate. However, a sanitary landfill has limited duration use, and the filled land may not be suitable for industrial uses that require substantial weight-bearing foundations. This limitation makes manufacturing zoning inappropriate for the location of subsequent uses on this land. Major factors in determining the proper site location for landfills are the suitability of the soil and underground drainage systems, neither of which is usually a factor in the location of manufacturing zones. Therefore, the site location criteria for a sanitary landfill must be defined separately.
(2) 
Need for specific standards. If proper sanitary landfill standards are not strictly adhered to, the operation may result in an open dump and create a serious health hazard. A completed landfill will settle and require periodic maintenance. Because of this settlement factor, special design and construction must be utilized for buildings constructed on a completed landfill.
(3) 
As a result of all these factors listed above, sanitary landfills must be placed in an exclusive use zone that includes specific design standards and appropriate protection for subsequent use.
B. 
General intent. The major purposes and objectives of this zone are to place sanitary landfills in an exclusive use zone in order to establish site location and design standards which will:
(1) 
Protect public health by preventing water pollution, rodent infestation, air pollution or other health hazards as would occur as a result of improper location, design or operation of a landfill.
(2) 
Protect public safety by requiring proper design of access roads to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes.
(3) 
Improve compatibility with adjacent uses by requiring adequate screening and setbacks, regular policing of access road and heavily traveled routes to the site and careful review of subsequent uses allowed on the landfill site.
(4) 
Promote public welfare by providing a suitable location for the disposal of the solid wastes generated by the community and preserve prime agricultural ground.
(5) 
Incorporate local siting approval as specified in Iowa Code § 455B.305A. This state code provision requires that, prior to siting of a proposed, new sanitary landfill, the City Council must approve the site based on meeting certain criteria. It is the intent of this section that, to the greatest extent possible, the local siting approval process and the zoning district reclassification process run concurrently.
C. 
Other applicable State of Iowa laws and Administrative Code requirements. Other State of Iowa laws and Administrative Code requirements may apply to an application, including, but not limited to, laws and rules related to: the issuance or renewal of permits for construction and operation of sanitary landfills, processing facilities, composting facilities, recycling facilities, solid waste management facilities, infectious waste incinerator projects and waste tire facilities; handling and disposal of hazardous waste and waste oil; and local approval.
D. 
Applicability. The requirements and performance standards as herein provided shall apply to all new or lateral expansions of lawful sanitary landfill projects.
E. 
Principal permitted uses: sanitary landfill.
F. 
Accessory uses:
(1) 
Transfer station.
(2) 
Recycling facility.
(3) 
Compost facility.
(4) 
Household hazardous waste facility.
(5) 
Agricultural uses.
(6) 
Wildlife refuge or similar public purpose uses.
G. 
Site and structure requirements.
(1) 
Minimum lot area. There shall be no minimum lot area requirement, except that a site must be of sufficient size to accommodate the amount of waste estimated for deposit during the planned life of the landfill.
(2) 
Minimum lot width: none.
(3) 
Setback requirements. The principal permitted use, including all activities related to operation of the principal permitted use, such as stockpiles, shall meet the following minimum setback requirements:
(a) 
Front yard setback: 200 feet.
(b) 
Rear yard setback: 200 feet.
(c) 
Side yard setback: 200 feet.
(d) 
Corner side yard setback: 200 feet.
(e) 
Maximum structure height: 100 feet.
(4) 
Accessory uses, buildings and/or structures. All accessory uses, buildings and/or structures, except those as set forth in Subsection F(5) and (6) herein, shall meet the same site and structure requirements as principal permitted uses and shall be set out in the application.
(5) 
Fencing. The footprint of the planned waste disposal area shall be enclosed with a substantial wall, chain-link fence or other adequate barrier, at least eight feet in height, designed to keep people, children and animals out of the active landfill area, or an alternative provision which will accomplish the same. The entrance gate must be capable of being locked and posted for non-entry.
(6) 
Sign and directions. Necessary identification and directional signs shall be provided. A sign shall be posted at the entrances to inform the public of the hours of operation, cost of disposal and rules and regulations regarding disposal. Interior signage shall be provided that directs users to the appropriate unloading area.
(7) 
Lighting. Lighting shall be provided in such a way as to not interfere with roadway traffic, spill over on adjacent properties and/or pollute the night sky.
(8) 
Parking. Two spaces per employee shall be required.
(9) 
Buffer. The landfill shall be adequately buffered on all sides between the footprint of the planned waste disposal area and perimeter boundaries of the property so as to offset fugitive dust, noise, vibration and visual impact to adjacent property. All screening and buffering shall be completed on site. The buffer areas shall be landscaped and graded consistent with the approved site plan prior to the acceptance of any solid waste.
H. 
Application for landfill siting and EU Exclusive Use District reclassification. The applicant shall submit an application for zoning district reclassification and local site approval to the City Council. The Council shall forward the application to the Community Development Department to review the completeness of the application. A complete application includes the following:
(1) 
A completed application form. The application must be on forms as provided by the Department which will include, but not be limited to, information required by Iowa law for local siting approval. The application form must be signed by the owner(s) of the property as such and, if applicable, the entity seeking the reclassification as applicant.
(2) 
The application fee for the specific review and processing of the rezoning reclassification shall be set by the Council.
(3) 
The applicant shall provide proof of written notice and proof of publication of notice of their intent to submit an application to the Council for local siting approval and zoning district reclassification in the manner as prescribed for in Iowa Code § 455B.305A(3). One complete paper copy and one complete electronic copy of the mailing list utilized to provide written notice to property owners shall be provided to the Council.
(4) 
The applicant shall demonstrate notice to the Iowa Department of Natural Resources (IDNR) that the local siting process has been initiated.
(5) 
Detailed plans, maps and reports shall be submitted in the numbers as indicated herein or as approved by the Department. The data in the following reports shall be prepared in a form which facilitates its use in proper engineering design of the landfill. Problem areas must be delineated and recommendations for proper solution included in the report. The following shall be submitted:
(a) 
Map or aerial photograph. The map or photograph shall be at a scale of not more than 400 feet to the inch. The map or photograph shall locate the boundaries of the site and identify the following:
[1] 
North compass point.
[2] 
Zoning and land use within one mile.
[3] 
Haul routes to and from the site with load limits or other restrictions.
[4] 
Residential structures and other buildings within at least one mile.
[5] 
Section lines and/or other legal boundaries.
[6] 
Nearby runway used or planned to be used by turbojet or piston-type aircraft at FAA-certified airports.
[7] 
Lakes, ponds, watercourses, wetlands, dry runs and/or rock outcroppings within one mile of the site.
[8] 
Topography and drainage patterns within one mile.
[9] 
All wells within one mile.
[10] 
A benchmark.
(b) 
A major site development plan. The plan shall be prepared in the following manner and with the following information:
[1] 
Number of copies and size: 10 copies on 8 1/2 inches by 11 inches sheet size minimum; larger as required (18 inches by 24 inches preferred). Ten copies of the same site development plan on 11 inches by 17 inches sheet size (must be legible).
[2] 
Scale: one inch equals 50 feet or as approved by the Zoning Official.
[3] 
Preparation: only by an engineer certified in the State of Iowa.
[4] 
Orientation: include North directional arrow and map scale indication.
[5] 
Location map showing relation to surrounding roads, streams and public facilities.
[6] 
Address and legal description of parcel or lot.
[7] 
Title block including the name, address and phone number of the petitioner and owner and the engineer's name, seal, the date, and the date of all revisions.
[8] 
Existing and proposed zoning classification, use of property, number of employees.
[9] 
Ownership, land use and zoning of all adjoining properties.
[10] 
Any anticipated planned systems for collection, storage, transport and disposal of leachate, methane or other by-products of the facility.
[11] 
Existing and proposed property lines (proposed property lines must be delineated in a heavier line weight). Provide dimension of existing and proposed lot boundaries.
[12] 
Existing and proposed right-of-way lines, setback lines and buffer areas.
[13] 
Existing contour lines at intervals of 10 feet.
[14] 
Proposed contour lines at intervals of five feet.
[15] 
Watercourses, floodways, floodplains and wetlands.
[16] 
Any unique natural feature.
[17] 
Location and dimensions of all existing and proposed structures. All structures shall be delineated in square feet, and dimensions to existing and/or proposed lot lines must be provided as well as dimensions between structures.
[18] 
Existing and proposed structures must be labeled as to their use (i.e., existing warehouse). Structures include wells, fences, septic, utility poles, LP tanks, etc. Existing roads must be shown.
[19] 
Existing and proposed parking spaces (number, type, dimension and class). Must provide notation of the number of spaces required and the number provided.
[20] 
All utility easements.
[21] 
Radius of curvature of ingress and egress drives.
[22] 
Circulation patterns of traffic.
[23] 
Access to all public and private streets.
[24] 
Location and size of existing or proposed freestanding and/or attached signs and their illumination techniques, if applicable.
[25] 
All existing and proposed locations, intensity, height, spacing, efficiency and shielding of all exterior lighting.
[26] 
Locations of outside refuse collection areas, and the type of screening to be provided. Refuse containers must be enclosed from public view.
[27] 
Estimate of increase in vehicle trips per day by type of vehicle.
[28] 
Any other information deemed necessary by the Zoning Official.
(c) 
Traffic routing plan. The plan must be prepared by a qualified traffic engineer. The plan must comply with the City's Major Street Ordinance and delineate the following:
[1] 
Major transportation routes.
[2] 
Overpasses with height limitations.
[3] 
Bridges with weight limitations.
[4] 
Railroad crossings.
[5] 
Flow of traffic to proposed site by type.
[6] 
Current and anticipated daily traffic flows to site.
(d) 
Preliminary hydrogeologic investigation report. The report must be prepared by a registered professional engineer licensed in the State of Iowa or qualified hydrogeologist. Information included in the report must include:
[1] 
General site description, including slope, topography, surface drainage and geologic setting.
[2] 
Description and characteristics of soils, including soil types, dominant soil texture, hydraulic conductivity and suitability of soil for cover and liner construction.
[3] 
Description and characteristics of bedrock, including type, thickness and physical characteristics (ease of excavation, fractures, sinkholes, direction of dip and solution holding capacity), porosity and hydraulic conductivity.
[4] 
Description of site hydrogeology, including distance to permanent streams, springs and lakes, depth to water table, flood hazard potential and underlying aquifer characteristics.
[5] 
An assessment of the impact on any existing hydrogeological conditions on the proposed or surrounding site.
[6] 
Specific recommendations as to site suitability for use of the property as a sanitary landfill.
(e) 
Habitat and wetland inventory. A listing of plant and animal species prepared from the records of the Iowa Department of Natural Resources. The applicant shall request that the Department search its records to determine the presence of or habitat for any threatened or endangered species or communities and any forest, prairies or wetlands or the potential thereof. The applicant shall submit a wetland delineation report prepared by a qualified consultant. An assessment of the impact on any habitat or wetland on the proposed or surrounding sites shall be completed by a qualified consultant.
(f) 
Impact report on archaeological, historical or architecturally significant properties. An assessment of the impact on any archaeological, historical or architecturally significant properties on the proposed or surrounding sites. The applicant is required to request review and comment from the State Historical Society of Iowa and the Marion Historic Preservation Commission.
(g) 
Report on compliance with solid waste planning documents. The applicant shall submit a report on how its proposed sanitary disposal project is consistent with the Cedar Rapids/Linn County Solid Waste Agency Integrated Solid Waste Management Plan and the East Central Iowa Council of Government's Regional Solid Waste Management Plan. A letter of compliance from each entity must accompany the report.
(h) 
Need. The applicant must provide a report that outlines the need for siting of the new or lateral expanded sanitary landfill. Current supporting data must accompany the report which substantiates the need as well as the type and size of sanitary landfill.
(i) 
Operations site plan(s) and report(s). The plans and reports shall indicate the following:
[1] 
The proposed fill area.
[2] 
Any borrow area.
[3] 
Access roads.
[4] 
On-site drives.
[5] 
Grading plan and cross sections to identify ultimate height above existing grade.
[6] 
Special drainage devices, if necessary.
[7] 
Location and type of fencing.
[8] 
Structures existing or to be located on the site.
[9] 
Existing wooded areas, trees, ponds or other natural features to be preserved.
[10] 
Existing and proposed utilities.
[11] 
Conceptual timetable and sequence of phasing of landfill operations on the site.
[12] 
Proposed method of operation, including weighing of wastes, cross-sectioning the site at definite time intervals, thickness of cover material, depth of cells and lifts, compaction, wet weather procedures, cold weather procedures, amount, type and size of equipment and personnel.
[13] 
Proposed methods to prevent surface water runoff of possible pollutants.
[14] 
Proposed systems for collection, storage, transport and disposal of leachate.
[15] 
Conceptual plan for control of methane gas, including recovery, collection, monitoring and disposal.
[16] 
Any other pertinent information to clearly indicate the orderly development and operation of the facility.
(j) 
Land value assurance program. The applicant shall submit a conceptual plan on how the proposed land value assurance program will operate and shall include the following at a minimum:
[1] 
Written description of overall program, goals, objectives, intent and schedule.
[2] 
Identification of property owners who may be eligible for the program and duration for eligibility.
[3] 
Number and type of appraisals to be conducted, how appraisals should be conducted and who pays for the appraisals.
[4] 
Period of time during which program exists.
[5] 
Explanation and example of how compensation could be calculated.
(k) 
Conceptual end use plan. The plan shall include the following:
[1] 
A proposed plan and schedule for site restoration and completion.
[2] 
A plan outlining the ultimate land use of the site, or a plan that demonstrates possible ultimate land uses.
[3] 
Any other pertinent information that would address final site restoration and possible future reuses of the property.
[4] 
The applicant must provide in a written report how maintenance after closure will be ensured in compliance with State Code requirements for closure and post-closure.
I. 
Procedure for zoning district reclassification and local siting approval. The following procedure shall be followed for review of the zoning district reclassification:
(1) 
The Council, upon receipt of a complete application, shall forward copies of the joint application for local siting approval and zoning reclassification to the Planning and Zoning Commission. The Commission and Council shall hold one joint public informational meeting within 30 days of receipt of a complete application. The purpose of the meeting is to provide an outline of how the City will process, review and make a decision on the application. The applicant shall provide a complete overview of the application submitted and address how compliance with all federal, state and local site and structure requirements and all performance standards are either being met or an alternative solution is being proposed.
(2) 
The Planning and Zoning Commission shall, within 30 days after the public informational meeting, hold a special meeting to consider the joint application and shall formulate and forward to the Council a recommendation regarding the zoning district reclassification.
(3) 
Notice of the special meeting to consider the joint application shall be published in the official newspapers in accordance with Iowa Code § 331.305 utilizing the same mailing list of property owners as provided by the applicant as prescribed in Iowa Code § 455B.305A(3). The Community Development Department shall notify property owners of the special Commission meeting by ordinary mail.
(4) 
The Council shall receive the recommendation of the Planning and Zoning Commission and hold a public hearing in conformance with Iowa Code § 455B.305A(5) and this section. The Council shall not make a decision on the joint application until the public has had an additional thirty-day opportunity to provide written comments on the application for zoning district reclassification.
(5) 
Notice of the public hearing shall be published in the official newspapers in accordance with Iowa Code § 331.305 utilizing the same mailing list of property owners as provided by the applicant as prescribed in Iowa Code § 455B.305A(3). The Community Development Department shall notify property owners of the public hearing by ordinary mail.
(6) 
At the conclusion of the thirty-day review period the Council shall determine upon first consideration the zoning district reclassification. The Council can approve, continue consideration or deny the application. If the reclassification is denied, the joint application shall be deemed concluded.
(7) 
Within 14 days after approval of first consideration the Council shall hold second consideration of the zoning district reclassification request. The Council may approve, continue or deny the application. If the reclassification is denied, the joint application shall be deemed concluded.
(8) 
Within 14 days after approval of second consideration the Council shall hold the third and final consideration of the rezoning district reclassification. The Council may approve or deny the application. If the reclassification is denied, the joint application should be deemed concluded. If the zoning district reclassification is approved, the Council shall have the joint application submitted to the Zoning Board of Adjustment for consideration of the local siting approval request.
(9) 
An applicant shall not file a request for zoning district reclassification and/or local siting approval which is substantially the same as a request which was denied within the preceding two years. The two-year time period starts from the date of issuance of the Council's written decision.
(10) 
Prior to final approval of the rezoning classification, the applicant and Council shall sign an agreement which binds the applicant to meeting local conditions of the rezoning classification.
J. 
City Council reclassification evaluation criteria. The following criteria shall be the basis upon which the Commission shall formulate its recommendation to the Council and upon which the Council shall render its decisions on reclassification.
(1) 
Need criteria. The project is necessary to accommodate the solid waste management needs of the area which the project is intended to serve. In addition, the following standards shall be met:
(a) 
The applicant's proposal conforms to the most currently approved East Central Iowa Council of Governments Regional Solid Waste Plan.
(b) 
The applicant's proposal conforms to the most currently approved Cedar Rapids/Linn County Solid Waste Agency's Integrated Solid Waste Management Plan.
(c) 
The applicant's proposal justifies the size and type of sanitary landfill proposed.
(2) 
Protection of the public health, safety and welfare criteria. The project is located and proposed to be operated so that the public health, safety and welfare will be protected. In addition, the following standards shall be met:
(a) 
Public health shall be protected by preventing water pollution, groundwater contamination, excessive noise, odor or dust, leachate contamination, methane gas exposure, rodent infestation, air pollution or other health hazards as would occur as a result of improper location, design or operation of a landfill.
(b) 
Public safety shall be ensured by requiring proper design of access roads to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes.
(c) 
Compatibility of land uses shall be assured by requiring adequate screening, buffering and setback, regular policing of access roads and heavily traveled routes to the site and careful review of subsequent uses allowed on the landfill site.
(d) 
Public welfare shall be protected by providing a suitable location for the disposal of the solid wastes generated by the community.
(3) 
Compatibility criteria. The project is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property. In addition, the following location and design standards must be met:
(a) 
The landfill cannot significantly impact a unique scenic, cultural or historic area. If unavoidable, the applicant will provide mitigation either in design provisions or host community benefits.
(b) 
The landfill cannot be located in a primary residential area as designated on the most recently adopted City of Marion Future Land Use Plan.
(c) 
The landfill cannot be located in park and open space areas as designated on the most recently adopted City of Marion Future Land Use Plan.
(d) 
The applicant shall provide a land value assurance program, as defined herein, for all privately owned properties within one mile of the landfill boundaries and to the host community and all other affected taxing bodies for loss of taxable valuation.
(4) 
Plan of operation criteria. The project is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents. To this end, the applicant must demonstrate in their site plan, operational site plan and plan of operations that the additional following standards can be met:
(a) 
An aggressive and effective vector and litter control program shall be provided.
(b) 
Solid waste will not be deposited in such a manner that material or leaching from the waste could cause pollution of ground- or surface waters.
(c) 
All fill areas are accessible for solid waste disposal during all weather conditions under which solid waste can be received.
(d) 
An aggressive soil erosion program and cover maintenance program are provided. To that end, the finished surface of the site must be kept in good repair, covered with soil and seeded with native grasses or other suitable vegetation immediately upon completion or promptly in the spring to areas terminated during winter conditions.
(e) 
The facility management and its employees are properly trained in landfill operations and an emergency response program is provided for.
(5) 
Traffic patterns and roadway provisions. The site should be easily reached by asphalt or concrete paved City or county trunk roads, state highways or federal interstates. All roads to the site should be of sufficient width and construction to safely handle all sizes of trucks when fully loaded during all weather conditions. Problems such as narrow bridges, low underpasses and steep grades on access routes must be avoided. The City may require the applicant to pay in whole or in part the cost to the City for providing roadway improvements necessary for the siting of a landfill. In addition, the following standards must be met:
(a) 
The traffic patterns to and from the project have been designed to minimize the impact on existing traffic flows.
(b) 
Safe design of entrances and exits, with provision for right-turn deceleration lanes, protected left turn lanes, acceleration lanes and, if needed, signalization of intersections.
(c) 
The site should be accessible at all times. Several access routes are planned so that if one route is temporarily unusable, the site can still be reached.
(d) 
The distance of a driveway entrance or exit from any adjacent lot line should be at least 125 feet. The landfill access drive, within 150 feet of the public street, shall be paved.
(e) 
The on-site roads to the unloading area should be of all-weather construction and wide enough to permit two-way truck travel. Road grades should be designed for the largest fully loaded trucks to travel at a reasonable rate.
(6) 
Previous operating experience of a private agency. A private applicant shall submit information regarding the previous operating experience of the agency and its subsidiaries or parent corporation in the area of solid waste management or related activities. Past performance shall be considered as an indicator of how the proposed landfill could likely affect the health, safety and welfare of area residents or businesses.
K. 
Zoning Board of Adjustment siting evaluation criteria. The following criteria shall be the basis upon which the Zoning Board of Adjustment shall formulate its decision. The following criteria are site location design standards and/or performance standards which shall be met. This listing of standards is not intended to be inclusive of all that may be required of the applicant to satisfy the evaluation criteria.
(1) 
Protection of the public health, safety and welfare criteria. The project is designed, located and proposed to be operated so that the public health, safety and welfare will be protected. In addition, the following standards shall be met:
(a) 
The fill area is to be located and designed so as to obviate any predictable lateral movement of significant quantities of leachate from the site to standing or flowing surface water or to shallow aquifers that are in actual use or are deemed to be of potential use as a water resource.
(b) 
The fill area is to be located and designed so that the base of the landfill is at least five feet above the high water table unless a greater separation is required to ensure that there will be no significant adverse effect on ground- or surface water or a lesser separation is unlikely to have a significant adverse effect on ground- and surface waters.
(c) 
The footprint of the planned waste disposal area is located outside of a delineated floodplain.
(d) 
The footprint of the planned waste disposal area is so situated as to ensure: i) no adverse effect on any well within 1,000 feet of the site and in existence at the time of application which is being used or could be used without major renovation for human or livestock consumption; or ii) at least 1,000 feet from any such well unless hydrologic conditions are such that a greater distance is required to ensure there is no adverse effect on the well; or an agreement between the owners has been provided for.
(e) 
The fill area is located so that the source of any community water system in existence at the time of application is within one mile of the site or is at least one mile from the source of any community water system in existence at the time of application. One mile shall be the minimum distance from the fill area unless hydrologic conditions are such that a greater distance is required to ensure no adverse effect on the water system.
(f) 
The footprint of the planned waste disposal area is not located in fragile land areas, including, but not limited to, wetlands, and/or karst terrain.
(g) 
The footprint of the planned waste disposal area is not located in areas with rare or valuable ecosystems or geologic formations or significant wildlife habitat.
(h) 
The footprint of the planned waste disposal area is not located in areas with slopes of greater than 25%.
(i) 
The design of the landfill shall be compatible with the natural terrain of the surrounding landscape.
(2) 
Plan of operation criteria. The project is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents. To this end the applicant must demonstrate in their site plan, operational site plan and plan of operations that the additional following standards can be met:
(a) 
An aggressive and effective vector and litter control program shall be provided.
(b) 
Solid waste will not be deposited in such a manner that material or leaching from the waste could cause pollution of ground- or surface waters.
(c) 
All fill areas are accessible for solid waste disposal during all weather conditions under which solid waste can be received.
(d) 
An aggressive soil erosion program and cover maintenance program are provided. To that end the finished surface of the site must be kept in good repair, covered with soil and seeded with native grasses or other suitable vegetation immediately upon completion or promptly in the spring to areas terminated during winter conditions.
(e) 
The facility management and its employees are properly trained in landfill operations and an emergency response program is provided for.
L. 
Post-construction of sanitary landfill.
(1) 
Inspection. An inspection of the entire site shall be made by the Iowa Department of Natural Resources, or its designee, to determine compliance with IDNR-approved plans and specifications prior to issuance of an occupancy permit by the Community Development Department. In addition, an inspection of the entire site shall be made by the designee(s) of the Council to determine compliance with all site and structure requirements or other standards to be met as outlined in the written decision of the Council prior to issuance of an occupancy permit by the Community Development Department. Any necessary correcting work as directed by IDNR or the county shall be performed before the landfill project is accepted as completed and ready for issuance of an occupancy permit by the Community Development Department.
(2) 
Subsequent zoning. The Exclusive Use District (EU) designation replaces the previous zoning classification, and, upon completion of the sanitary landfill operation, no other use shall be permitted without a rezoning and map amendment as provided in this chapter.
M. 
Waiver of requirements or standards. Whenever strict application of the requirements or standards of this section would result in substantial hardship or injustice, the Zoning Board of Adjustment, after recommendation by the Planning and Zoning Commission, may vary or modify such requirements or standards. Said waiver or modification may be granted so long as the applicant can demonstrate the public health, safety, welfare and interests of the City and the surrounding area are protected, and that the general intent and spirit of this section are preserved.

§ 340-5.11 Marion Airport Height overlay zoning.

[Amended 10-9-2025 by Ord. No. 25-26]
A. 
Title and introduction.
(1) 
"Marion Airport Height Overlay Zoning Ordinance Created by the City of Marion, Iowa."
(2) 
General. This section shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property located within the vicinity of the Marion Airport.
B. 
Authority.
(1) 
Iowa Code Section 329.3, Airport Zoning, empowers local municipalities to zone airports, including height restrictions and land uses. Every municipality having an airport hazard area within its territorial limits may adopt, administer, and enforce, in the manner and upon the conditions prescribed by this chapter, zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted, and regulate and restrict, for the purpose of preventing airport hazards, the height to which structures and trees may be erected or permitted to grow.
(2) 
The Marion Airport Height Zoning Map is incorporated into and made part of this section. This section also provides for the enforcement of the section, the establishment of a Board of Adjustment; and imposition of penalties related to the implementation of the section.
C. 
Statement of intent and purpose.
(1) 
The Marion Airport is a privately owned airport, for which the Iowa DOT Modal Transportation Bureau issued a public use certificate to its owners on June 23, 2025, to operate a public use airport.
(2) 
The prevention of hazards to the navigable airspace is a matter in the public interest, both to safeguard life and safety of people on the ground and occupants of aircraft and to preserve the viability of airport operations. Land use compatibility, including the air space around airports, is an important element in allowing aircraft to expeditiously and safely traverse the national airspace through local, general aviation airports.
(3) 
The creation or establishment of an airport hazard is a public nuisance. The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power.
(4) 
Any construction or alteration that exceeds an imaginary surface extending outward and upward at a slope of 100 to one for a horizontal distance of 20,000 feet from the nearest point of the nearest runway with its longest runway more than 3,200 feet in actual length (excluding heliports) prompts the proponent to ask if the proposed construction or alteration needs further study.
(5) 
Short title. This section shall be known and may be cited as the "Marion Airport Overlay Zoning."
D. 
Definitions. As used within the Marion Airport Zoning Ordinance, the following definitions shall have the following meanings:
ABOVE GROUND LEVEL (AGL)
AGL is the height above the ground or surface an aircraft flies over, or the height of a structure above the ground upon which it is built.
AERONAUTICAL STUDY
Process by which the FAA determines the impact of an object on the safe and efficient use of airspace (see 14 CFR Part 77), or the impact of an airport proposal (see 14 CFR Part 157).
AIRPORT
Means the Marion Airport as described by the "public use" certificate issued by the Iowa Department of Transportation.
AIRPORT ELEVATION
The established airport elevation based on the FAA 5010
Airport Master Record dated 6-12-2025 is 860.6 feet above mean sea level (AMSL) and represents as the highest point on an airport's usable landing area measured in feet above sea level.
AIRPORT HAZARD
Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstructs the airspace required for the flight of aircraft landing or talking off at the airport; or is otherwise hazardous to aircraft landing or taking off at the airport. (FAA FAR § 152.3).
AIRPORT HAZARD OVERLAY AREA
A mapped area imposing requirements in addition to those of the underlying zoning district. The overlay area is determined by the airport imaginary surfaces as defined by the FAA and extend out and up from the runway surface.
AIRPORT INSPECTION
Each registered public-use airport is subject to inspection by the Iowa Department of Transportation (IDOT) at any reasonable time, but the airport will be inspected no less than every three years. If the inspection by the IDOT reveals an unsafe condition or a failure to meet the minimum safety standards, the IDOT will record that fact and notify the airport in writing with necessary corrective actions. Failure to implement corrective actions may result in airport registration revocation or denial. IAC 761—720.3(328), Public-use airport.
AIRPORT LAYOUT PLAN (ALP)
A scaled drawing or set of drawings, in either hard copy or electronic form, of existing and future airport facilities that provides a graphic representation of the existing and long-term development plan for the airport.
AIRPORT LOCATION IDENTIFIER
The airport location identifier assigned to the Marion Airport is "C17."
APPROACH PROCEDURES WITH VERTICAL GUIDANCE (APV)
An instrument approach based on a navigation system that provides course and glidepath deviation information but does not meet the precision approach standards of International Civil Aviation Organization (ICAO) Annex 10. (FAA AC150/5300-13B)
CONSTRUCTION or ALTERATION REQUIRING NOTICE (FAA FORM 7460-1)
FAA Form 7460-1 is the Notice of Proposed Construction or Alteration form used to inform the Federal Aviation Administration (FAA) of potential obstructions that could affect navigable airspace, such as structures over 200 feet tall or projects near airports and navigational facilities. This form is submitted through the online Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) system at least 45 days before construction begins, and it triggers an FAA aeronautical study to determine if the proposed structure poses a hazard to air navigation. Its use as specified herein is to document the potential of any construction that potentially exceeds height restrictions as noted.
FEDERAL AVIATION ADMINISTRATION (FAA)
A federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promote the development of a national system of airports.
FEDERAL AVIATION REGULATIONS
Federal Aviation Regulations (FARs), officially known as the Code of Federal Regulations Title 14 (14 CFR), or its successor, are the rules established by the FAA to govern all aspects of civil aviation in the United States.
HEIGHT
Height is utilized for the purpose of determining the height limits in all zones set forth in this section and shown on the official Marion Airport Height Overlay Zoning Map; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified.
IMAGINARY SURFACES
Those areas established in relation to the airport and each runway consistent with FAR Part 77 in which any object extending above these imaginary surfaces, by definition, is an obstruction. (FAA FAR § 77.25)
INSTRUMENT FLIGHT PROCEDURE (IFP)
An instrument flight procedure is a series of predetermined maneuvers for aircraft operating under instrument flight rules, e.g., instrument flight rules (IFR) conditions, when visual flight is not possible due to weather or other visually restrictive conditions. These maneuvers allow for the orderly transition of the aircraft through a particular airspace. The term "instrument flight procedure" refers to instrument approaches, instrument departures, and instrument enroute operations.
IOWA AIRPORT LAND USE GUIDEBOOK
A planning resource published by the Iowa Department of Transportation (Iowa DOT), Office of Aviation, that provides best practices, standards, and tools for evaluating land use compatibility around airports. It includes recommended overlay zones, sample planning checklists, model deed restrictions, and relevant references.
IOWA CODE CHAPTER 720 IOWA AIRPORT REGISTRATION
This chapter establishes airport registration and airport closing requirements for airports open for use by the public.
IOWA DEPARTMENT OF TRANSPORTATION
MODAL TRANSPORTATION BUREAU
Iowa law requires that for an airport to be open for use by the public (without permission), it must apply to the Iowa DOT and meet minimum safety standards for runways, approach zones, obstruction-free areas, and general airport facility requirements.
MEAN SEA LEVEL (MSL)
The average level of the ocean's surface, used by the Federal Aviation Administration (FAA) as the reference point for measuring how high the land, buildings, or objects are. All heights in this section are measured in feet above mean sea level.
OBJECT
Includes, but is not limited to, aboveground structures, navigational aids, people, equipment, vehicles, natural growth, terrain, and parked aircraft. (FAA AC 150/5300-13)
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport. (FAA AC 150/5190-4A)
PUBLIC USE AIRPORT
"Public use" means available for use by the public without prior approval from the owner or operator. IAC 761—720.2(328) Definitions.
RUNWAY
The Marion Airport supports one hard asphalt-surfaced runway (RW 17/35) that is 3,776 feet in length and 60 feet in width, with a displaced threshold of 244 feet for RW 17.
RUNWAY PROTECTION ZONE (RPZ)
An area off the runway end designed to enhance the protection of people and property on the ground. (FAA AC 150/5300-13 B).
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. 14 CFR 77.3, "Utility runway."
ZONING OFFICIAL
For purposes of this section, the zoning official is the individual hired by the City Manager-City of Marion designated to administer enforce the Marion Airport Zoning Ordinance.
E. 
Airport imaginary surfaces/Airport Overlay Zones. Airport imaginary surfaces are imaginary, three-dimensional areas around runways that define airspace which must be kept clear of obstructions to ensure safe aircraft operations. These surfaces are defined by the FAA (specifically 14 CFR Part 77) and are used to evaluate potential obstructions to air navigation.
(1) 
Imaginary surfaces:
(a) 
Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is: 500 feet for non-precision instrument runways having visibility minimums greater than 3/4 of a statute mile.
[1] 
RW 17/35 primary surface width: 500 feet.
(b) 
Approach surface (Zone B). A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 3,500 feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater that three-fourths of a statute mile. The approach surface extends for a horizontal distance of 10,000 feet at a slope of 34 to 1 for all non-precision instrument runways other than utility.
[1] 
RW 17: The approach surface for RW 17 is 500 feet in width on the inner edge (elevation: 860.5 ft.) and extends out 10,000 feet to a width of 3,500 feet (elevation: 1,154.6 ft.). The approach slope is 34:1.
[2] 
RW 35: The approach surface for RW 35 is 500 feet in width on the inner edge (854.0 ft.) and extends out 10,000 feet to a width of 3,500 feet (1,148.1 ft.). The approach slope is 34:1.
(c) 
Transitional surface (Zone C). These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontal for one foot vertical from the sides of the primary surface (same elevation as any point on the runway centerline) and from the sides of the approach surfaces that extend outward and upward from each runway end.
(d) 
Horizontal surface (Zone D). A horizontal plane 150 feet above the established airport elevation (860.0 ft.), the perimeter of which is constructed by swinging arcs of a specified radius (10,000 ft.) from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs.
[1] 
The radius of the arc for each end of RW 17/35 will have the same arithmetical value (1,010.5 ft. MSL).
(e) 
Conical surface (Zone E). A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one horizontal for one vertical foot for a horizontal distance of 4,000 feet.
[1] 
From the edge of the horizontal surface (1.010.5 MSL), the outer elevation is 1210.5 ft MSL.
(2) 
Runway protection zone (RPZ) (Zone A).
(a) 
An area off the runway end designed to enhance the protection of people and property on the ground. (FAA AC 150/5300-13B) It is desirable that the airport owner have a sufficient property interest to discourage the concentration of persons within the runway protection zone. Where the property owner has not acquired or does not have the power of eminent domain to acquire the area, the City has addressed land use compatibility within the area defined by the RPZ in Marion's Comprehensive Plan and subsequent updates to the Comprehensive Plan or Future Land Use Map.
(b) 
The runway protection zone coincides with the primary surface extending out 1,000 feet to a width of 700 feet. The inner width is 500 feet.
F. 
FAR Part 77 Obstruction standard: FAR Part 77.9, Construction or alteration requiring notice (FAA Form 7460-1). To comply with FAR Part 77 and define when FAA Form 7460-1 needs to be submitted, the following recommendations are made:
(1) 
General requirements for filing FAA Form 7460-1. FAA Form 7460-1 must be filed with the FAA if requested by the FAA, or for the following types of construction or alteration:
(a) 
Any construction or alteration that is more than 200 feet AGL at its site.
(2) 
Specific considerations for Marion Airport.
(a) 
Since the Marion Airport has an existing published instrument approach procedure to Runway 17/35, FAA Form 7460-1 is required if the height of a proposed structure exceeds the height allowed within a zoning district regulation within the City of Marion.
(b) 
If a structure within the overlay imaginary surfaces exceeds the current district regulation height (generally 45 feet (AGL) or less), the zoning official will require FAA Form 7460-1 to be filed for an aeronautical determination.
(3) 
Exemptions from filing FAA Form 7460-1.
(a) 
A notice for construction or alteration does not need to be filed when an object is shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height. This applies if the shielded structure is located in the congested area of a city, town, or settlement and will not adversely affect safety in air navigation.
(b) 
If an existing structure has been studied by the FAA and received a "no hazard" determination, and the new proposed construction's highest point/elevation above mean sea level is equal to or less than that existing structure, a new FAA Form 7460-1 is not required.
(4) 
"Close-in" structures and exceptions. The City of Marion will require, without exception, FAA Form 7460-1 to be filed if the proposed construction is located within a rectangular area centered on the runway centerline that is 1,200 feet in width and 7,600 feet in length. This area extends 600 feet from the runway centerline and 1,900 feet beyond the runway end.
(a) 
This requirement applies even if new construction west of the runway would generally be shielded by existing structures.
(b) 
To the east of the runway, this requirement is applicable, especially for new construction having a height greater than existing structures or located closer to the runway, where a 7460-1 will be required without exception.
(5) 
Purpose of aeronautical study.
(a) 
The purpose of an aeronautical study is to determine whether the aeronautical effects of a specific proposal, and the cumulative impact when combined with other existing or proposed structures, would constitute a hazard to air navigation.
(b) 
The FAA conducts an aeronautical study to determine the impact of a proposed structure, an existing unstudied structure, or an alteration of an existing structure on aeronautical operations, procedures, and flight safety.
(c) 
The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation and will advise all known interested parties.
(d) 
An aeronautical study will be undertaken for proposed construction or alteration located within a defined rectangular area centered on the runway centerline, measuring 1,200 feet in width (600 feet on each side on the runway centerline) and extending 7,600 feet in length (1,900 feet beyond the end of each runway). This area represents the portion of airspace most critical to safe aircraft operations and requires detailed evaluation for potential hazards.
(6) 
The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact.
(7) 
The FAA will issue a Determination of No Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact on air navigation. A "substantial aeronautical impact" may, by way of example:
(a) 
Include a change to an existing IFR (Instrument Flight Rule) minimum flight plan.
(b) 
Require a VFR (Visual Flight Rule) operation to change its regular flight course or altitude.
(c) 
Restrict the clear view of the runway.
(d) 
Result in a change to the airport traffic pattern.
(8) 
A Determination of No Hazard to Air Navigation may include the following:
(a) 
Conditional provisions of a determination.
(b) 
Limitations necessary to minimize potential problems, such as the use of temporary construction equipment.
(c) 
Supplemental notices, when required.
(d) 
Marking and lighting recommendations, as appropriate. Lighting and marking requirements will be determined through an FAA 7460-1 aeronautical study. The owner of any structure or object shall be required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazard markers and lights shall be installed, operated, and maintained at the expense of the proponent, unless other contractual arrangements have been made and approved by the Marion Airport Zoning Official.
G. 
Land use compatibility.
(1) 
To protect the long-term safety and viability of the Marion Airport as a licensed public use facility, the City shall review all proposed development and redevelopment within the Airport Hazard Overlay for land use compatibility.
(2) 
In evaluating land use decisions affecting the RPZ and overlay zones, the City may use the most current version of the Iowa Airport Land Use Guidebook to inform its review to ensure consistency with best practices for airport safety and compatible development over time. In general, such review will focus on safety related issues such as:
(a) 
High concentrations of people;
(b) 
Tall structures;
(c) 
Visual obstructions, inclusive of dust, glare, light emissions, smoke, steam, and smog;
(d) 
Wildlife and bird attractants, as well as other factors.
H. 
Nonconformities.
(1) 
It is the intent of this section to permit legal nonconforming buildings, structures, or natural resources to continue until they are removed but not to encourage their continuance, unless the FAA determines such nonconforming use to be a hazard within one of the airport zones and must be altered or changed in accordance with FAA regulations. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded, or extended, nor should they be used to add other nonconforming structures prohibited elsewhere in the defined airport zones.
(2) 
In accordance with Iowa Code § 329.10, and as stated above, any preexisting nonconforming structure, tree or land use shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted so as to constitute a greater airport hazard than it was when the airport zoning regulations or amendments to the regulations were adopted. With that stated, where a lawful building or structure exists prior to the effective date of adoption or amendment of this section that cannot be built under the terms of this airport ordinance by reason of restrictions on height or land use compatibility, such structure may be continued so long as it remains otherwise lawful and in compliance with FAA regulations; subject to the following provisions:
(a) 
No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity. Such structure may be enlarged or altered in a way that does not increase its nonconformity.
(b) 
Should such nonconforming structure be destroyed by any means to an extent of more than 75% of its replacement cost, it should be reconstructed only in conformity with the current in-force provisions of this airport ordinance.
(c) 
On any nonconforming building or structure, work may be done on ordinary repairs or replacement of non-bearing walls not exceeding 75% of the assessed value of the building, provided the cubic content of the building shall not be increased.
(d) 
Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety upon orders of such official.
(e) 
There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, buildings, or structures.
I. 
Administration.
(1) 
As stated in Iowa Code § 329.13, all airport zoning regulations adopted under this section shall provide for the administration and enforcement of such regulations by an administrative agency. For purposes of the Marion Airport Height Overlay Zoning, the administration will be enforced by the City of Marion Zoning Official with consultation and cooperation from Linn County Planning and Development. However, in no case shall such an administrative agency be or include any member of the City of Marion or Linn County Board of Adjustment. The duties of any administrative agency designated pursuant to the Iowa Code or this section shall not include any of the powers herein delegated to the Marion Board of Adjustment. The Zoning Official for the City of Marion shall be recognized as the official Zoning Official since the operation of the Marion Airport falls within the jurisdiction of the City. If needed, Linn County Planning and Development may be called upon from time to time to consult with and/or confer with the City of Marion Zoning Official about the Marion Airport Height Overlay Zoning regulations.
(2) 
Applications for permits shall be made to the City of Marion Zoning Official or their designee upon forms furnished by the City of Marion. Permit applications shall be either granted or denied by the Zoning Official according to the regulations prescribed herein.
(a) 
It shall be the duty of the applicant (proponent) to provide the Zoning Official or their designee with sufficient information to evaluate the proposed action.
(b) 
The Zoning Official or their designee shall evaluate the proposal based upon information provided by the applicant.
(c) 
Where required, the applicant will also be required to provide the Zoning Official with a copy of FAA Form 7460-1 and the FAA determination stating whether the proposed construction or alteration would be a hazard to air navigation.
(d) 
The Zoning Official or their designee shall approve the permit if, after evaluation, the proposed project is found to be compatible. Should the proposed project be found to be incompatible after review, the Zoning Official or their designee shall deny the permit.
J. 
Variances. In accordance with Code of Iowa § 329.11, any person desiring to erect, alter or increase the height of any structure, object or to permit the growth of any natural vegetation, or otherwise use the person's property in violation of Marion Airport Height Overlay Zoning adopted under this section may apply to the City of Marion Board of Adjustment for a variance from such zoning regulations. Such variances shall be allowed where a literal application or enforcement of the regulations would result in an unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this section; provided, however, that any such variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this section.
K. 
Judicial review. Any person or persons, jointly or severally, aggrieved, or any taxpayer affected, by any decision of the Airport Board of Adjustment may appeal to the court of record as provided in Iowa Code § 414.15.
L. 
Penalty. Consistent with Chapter 55, Article I, of the Marion Code of Ordinances, any person, firm, corporation or agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this section or any amendment thereof, or who shall build or alter any building in violation of this section shall be guilty of a municipal infraction. Each day that a violation continues to exist constitutes a separate violation.
M. 
Conflicting regulations. In accordance with Code of Iowa § 329.8, where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict is with respect to height or structures, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.
N. 
Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.