Marion City Zoning Code

A maximum choice of design alternatives by allowing a variety of land use and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements.

A development where a variety of building forms and exterior facade materials are used to create a well-integrated mix of visual interest where under conventional land development procedures may result in monotonous design patterns.

A development pattern which preserves and utilizes natural, topographic and geologic features, scenic vistas, trees and other vegetation, and other natural features, and prevents the disruption of natural drainage systems.

A more efficient use of land than is generally achieved through conventional development, resulting in substantial savings through shorter utilities and streets.

A more useful pattern of open space and recreation areas and other public and common facilities than would otherwise be provided under conventional land development procedures.

A site development plan in harmony with the objectives of the City's Comprehensive Plan with respect to land use, transportation, open space and community facilities.

Residential: a planned unit development occupying any quantity of land area in which all buildings to be included in the district are used for residential or accessory purposes customarily related to residential uses. A variety of dwelling types are desired to assist with the creation of a neighborhood through the planned unit development.

Commercial/Office: a planned unit development occupying a land area of not less than two acres in which all the interior floor space to be included in the development is used for commercial or office purposes or accessory uses customarily related to commercial or office uses.

Manufacturing: a planned unit development occupying a land area of not less than 10 acres in which more than 80% of the interior floor space of all buildings to be included in the development is used for industrial purposes or accessory uses customarily related to industrial uses.

Mixed-use: a planned unit development not otherwise distinguishable under the previous classifications, or containing a mix of residential, commercial, industrial and/or other uses. This classification may occupy any quantity of land area.

Manufactured/Mobile home community or tiny home community: a planned unit development in which the principal use will be residential occupancy of manufactured or mobile housing units. This planned unit development classification is intended to accommodate manufactured/mobile home communities in those areas of the City where they will be compatible with existing and projected development. This zoning classification will generally be located in outlying areas of the City and must be served with adequate sewers, water, stormwater facilities, streets, police and fire protection and other necessary public facilities and services as more fully specified in Chapter 206, Manufactured/Mobile Home Communities, of the Code of Ordinances. Notwithstanding §§ 340-6.1, 340-6.4 and 340-6.7A of this article, the preliminary and final development plans and plan of improvements required pursuant to §§ 340-6.8, 340-6.9 and 340-6.11 of this article must comply with the standards for development of a manufactured/mobile home community established in Chapter 206.

Coordination with Chapter 284, Subdivision of Land. It is the intent of this article that subdivision review, when applicable, be carried out simultaneously with the review of the proposed planned unit development. The development plans required under this article may be submitted in a form which will satisfy the subdivision filing requirements set forth in Chapter 284, Subdivision of Land, of the Code of Ordinances, provided that such development plans also satisfy the requirements of this article.

Building permits. No land may be used or building permits issued on land within the Planned Unit Development District until all procedural and regulatory provisions set forth in this article are complied with.

Open space. All common open space shall either be conveyed to a municipal or public corporation, conveyed to a corporation or entity established for the purpose of benefiting the owners and residents of the planned development or retained by the owner or owners with legally binding guarantees that the common open space shall be permanently preserved and maintained as an open area. All land conveyed to a corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement for the common space.

Subdivision. If the planned unit development involves the subdivision of land as governed by Chapter 284 of the Code of Ordinances, no building permits may be issued until the procedural provisions of said Chapter 284 are satisfied.

Conditions and guarantees. Prior to the approval of any planned unit development, the Council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned development as deemed necessary for the protection of the public interest, protection of the adjacent area and to secure the compliance with standards set forth in this article. In all cases in which planned developments are granted, the Council may require such evidence and guarantees, in addition to the guarantees of performance required under this article, that the Council may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

Lot dimensions, lot area, building setbacks, building height, building size, off-street parking and loading, landscaping, density and similar bulk and design standards are not subject to specific regulations or limits, but rather shall be subject to approval during the review process of such development as set forth in this article.

The planned unit development must conform with the spirit and intent of the City's Comprehensive Plan, and with the intent of this article.

The planned unit development must not adversely affect the existing character of the neighborhood in which it is to be located. Adequate safeguards must be provided to minimize possible detrimental effects on adjacent properties, the neighborhood and the community.

The planned unit development must have ample provision for sanitary sewage disposal, storm- and surface water drainage, water supply and other utilities.

The planned unit development must allow for adequate availability to police and fire protection and other appropriate public services and community facilities.

The planned unit development must provide for safe pedestrian circulation.

The planned unit development must provide for safe and effective vehicular access and circulation to and within the site. Traffic circulation patterns must be designed so as to minimize traffic congestion.

The planned unit development must provide for adequate and well located off-street parking and loading spaces tailored to the specific needs of the development.

The planned unit development must provide a beneficial relationship between vehicular traffic, pedestrian circulation and other proposed uses and activities.

The planned unit development must provide a beneficial and efficient use of such natural characteristics as topography, geography, soil conditions, trees and other vegetation, watercourses, natural drainage systems, soil conditions and similar characteristics.

The location, height and bulk of buildings and structures on the site must be in proportion to each other and relate well to other structures and visual perspectives in the area.

The planned unit development must provide for effective use and design of open spaces, landscaping, amenities and natural land features.

The planned unit development must provide that the installation of landscaping, driveways, recreational facilities and other site details are generally in harmony with the proposed development, adjacent properties and with the rights and interests of the general public.

A petition for a zoning change to a Planned Unit Development District as identified in this article shall be submitted in accordance with all applicable provisions of the zoning ordinance and rules of procedure of the City Planning and Zoning Commission.

A preliminary site development plan may, at the option of the petitioner, accompany the petition for rezoning. If no preliminary site development plan is submitted, the petitioner shall submit a concept plan adequate to describe the proposed land uses and street patterns which the petitioner intends to develop within the planned unit development. Notwithstanding, the Commission or the Council may require some or all portions of the preliminary site development plan to be submitted in the course of review of a planned unit development rezoning petition in order to resolve specific development concerns.

The filing fee for the petition to change from a conventional zoning district to a Planned Unit Development District classification shall be the same as for any other petition for a zoning district classification change as provided in § 340-11.3H of this chapter.

Commission review and approval. The Commission shall review the request for the zoning district reclassification and make its recommendation to the Council based upon the broad type of land use indicated for the Planned Unit Development District requested. If the proposed rezoning area is 10 acres or more, the Commission shall hold a public hearing upon the request prior to submitting its recommendation to the Council. The Commission may, in its discretion, hold a public hearing on any proposed planned unit development prior to making a recommendation.

Council review and approval. After receiving the Commission's recommendation regarding the proposed change to a Planned Unit Development District classification, the Council shall hold a public hearing in accordance with state and local codes. Following the public hearing, the Council shall consider an ordinance approving, or approving with conditions, the proposed change to a Planned Unit Development District classification. The effect of approval of a petition to establish a Planned Unit Development District classification shall be equivalent to a moratorium on development until such time as the required preliminary and final site development plans have been reviewed and approved pursuant to this article.

A preliminary site development plan shall be submitted by the petitioner either concurrently with or subsequent to the petition for rezoning.

The filing fee for a preliminary site development plan shall be accompanied by a filing fee in accordance with the schedule of filing fees as adopted by the Council.

The Commission shall review and make a recommendation to the Council on the preliminary site development plan in accordance with the following provisions:

The preliminary site development plan shall contain the following:

Within 18 months following the approval of the preliminary site development plan, a final site development plan shall be submitted to the City. In its discretion and for good cause, the Council may extend for six months the period for the filing of the final site development plan upon request of the applicant.

The final site development plan may be in stages, with each stage reflecting the approved preliminary site development plan, provided such stage conforms to these regulations.

The final site development plan shall be submitted to the Commission, which shall review such plan and make a recommendation to the Council within a reasonable period of time after receiving the plan. The Commission shall evaluate the final site development plan in terms of its conformity with the preliminary site development plan and the provisions of this article and recommend that the final site development plan either be approved, approved with minor modifications or disapproved.

If the final site development plan contains substantial changes from the approved preliminary site development plan as determined by the Council upon recommendation of the Commission, then the final site development plan shall not be approved until a revised preliminary site development plan has first been approved in accordance with the procedures set forth in this article.

In no event shall a final site development plan be approved without a revised preliminary site development plan if the final site development plan varies from the preliminary site development plan as follows:

After receiving the recommendation of the Commission, the Council shall approve, approve with minor modifications or disapprove the final site development plan.

All conditions, modifications, documents and plans required by the Council must be delineated in the final site development plan or agreed to in writing prior to the Council approval.

Final site development plan content. The final site development plan shall include, but not be limited to:

Recording the final site development plan. The approved final site development plan and, when applicable, final plat, and all agreements, provisions or restrictive covenants which govern the use, maintenance, protection, performance and/or design of the development and any of its common open space shall be recorded with the County Recorder and evidence of such recording shall be furnished to the Building Official before any building permits may be issued for such development. The recording of all final site development plans shall be accompanied by the recording of a restrictive covenant which shall provide that no lot, tract, parcel or other division of land shall be subdivided into two or more lots, tracts or other division of land for the purpose of sale, transfer or building development, whether immediate or future, including the resubdivision or replatting of land or lots, except in conformance with Chapter 284, Subdivision of Land, of the Code of Ordinances.

Changes in the final site development plan.

Before the final site development plan is approved and recorded, the development shall contain the required improvements or have such improvements assured by the posting of a bond as set forth in this article. All improvements shall conform to the standard specifications as set forth in this article.

Required plan of improvements. The following drawings, prepared by an Iowa registered professional engineer, shall be submitted by the owner to the Council prior to the approval of the final site development plan:

The required plans and profiles shall conform to the provisions set forth in Chapter 284, Subdivision of Land, of the Code of Ordinances.

Permission to construct improvements. Following Council approval of the plan of improvements and before construction of each improvement, the owner shall have submitted an application to the City Engineer requesting permission to construct the improvement. The City Engineer shall then be notified as set forth under Chapter 284, Subdivision of Land, regarding inspection of improvements.

Required improvements. The improvements in the planned unit development shall conform to the provisions of Chapter 284, Subdivision of Land, of the Code of Ordinances, unless otherwise approved by the Council in the preliminary site development plan and/or plan of improvements.

Guarantees of performance. If, at the time of the presentation of the final site development plan, the required improvements are not completed or accepted before the final site development plan is approved, the owner shall enter into a contract with the City to make such improvements at such time as may be therein stated, and in accordance with detailed engineering plans and specifications, contained in the plan of improvements which has been approved by the City Engineer and Council. The performance of the contract shall be secured by the filing of a surety bond or cash equal to the cost of the improvements as estimated by the City Engineer. The owner shall be the principal on any such surety bond. Although one bond covering all improvements is anticipated, separate bonds may be submitted and a contractor may be listed as an additional principal on any such bonds so long as the bond clearly states that the owner and such contractor are jointly and severally liable on the bonds as obligors and so long as the only obligee on the bond is the City of Marion. In those cases where none of the lots or areas in the final site development plan are improved with structures, the guarantees of performance provided for in this subsection may be waived, where the only required improvement that has not been installed and accepted by the City consists of sidewalks. It shall be sufficient if the owner promises the installation of such sidewalks in accordance with the terms set out in the memorandum of agreement or contract with the City with respect to improvements and such sidewalks are to be completely installed by a date not later than two years from the date of the approval of the final site development plan. The performance bond guaranteeing the construction of improvements in the planned development shall be drawn on a standard form as approved by the City Attorney. If the improvements are not completed within the time specified, the Council may use the security or any necessary portion thereof to complete said improvements. The Council may allow an extension of time for completion of improvements. The performance bond or certified check shall not be released until the maintenance bonds, as may be required in the specifications, are on file and the improvements have been satisfactorily completed and accepted by the City.