Marion City Zoning Code
ARTICLE X
Supplemental Lot and Bulk Regulations
§ 340-10.1 Lots.
A.
Lot of record; establishment of use. Every structure or group of structures, and every use or group of uses, shall be located on a lot of record.
B.
Lot frontage and access. Hereafter, no lot shall be created, nor shall any principal building be constructed or placed, on any lot or tract of land unless such lot or tract has frontage on or direct access to a public street or to a private street which has been specifically approved by the Council for that purpose.
C.
Number of principal buildings permitted on a lot. More than one main institutional, public or quasi-public, multi-unit, commercial or industrial building may be located on a zoning lot, provided that no such buildings or portion thereof is located outside the buildable area of the lot. Except in planned development and cluster development district areas, no more than one detached one-unit building shall be located on a zoning lot, nor shall either such type of building be located on the same lot with any other principal building.
D.
Division of lot. No improved zoning lot shall hereafter be divided into two or more lots unless all lots resulting from each such division shall conform with the applicable regulations of the zoning district in which the property is located, and provided that such division complies with the provisions of Chapter 284, Subdivision of Land, of the Code of Ordinances.
E.
Nonconforming lots. Where two or more contiguous substandard lots of record are in common ownership and are of such size as to constitute at least one conforming lot, such lots or portions thereof may be so joined, developed and used for the purpose of forming an effective and conforming lot.
§ 340-10.2 Yards and open space.
A.
Location of yard. All yards and other open spaces allocated to a building or group of buildings shall be located on the same lot or lots as such building or group of buildings.
B.
Provision of open space. The provision of open space as required in this chapter shall be a continuing obligation of the owner of such building or property on which it is located as long as the building is in existence. Such open space, except for walkways, shall be completely landscaped with such materials as grass, shrubbery and trees, and continuously maintained. The storage of motor vehicles in the required open space areas is specifically prohibited.
C.
Permitted encroachment in yards.
(1)
Every part of a required yard shall be open to the sky except where accessory buildings are permitted and except for the ordinary projections from principal buildings of sills, belt courses, cornices, fireplace chimneys, gutters and downspouts, and ornamental features projecting not to exceed 24 inches.
(2)
A roof or deck may project into a required side yard, provided that every part of such structure is unenclosed and is removed at least five feet from the nearest side lot line.
(3)
A covered porch or a paved terrace, including a roof, roof extension or canopy associated therewith, may project into a front yard for a distance not exceeding five feet, provided that the sides of such porch or terrace are unenclosed. A balcony located about the ground floor may project into a front yard a distance not exceeding five feet, provided that no steps associated with the balcony are located in the front yard.
(4)
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may project not more than five feet into the rear yard, provided that such projection does not obstruct light and ventilation.
(6)
Air-conditioning units, furnaces, solar energy collectors and heat storage units to supply the building may project into the required side yard not to exceed 36 inches, but shall not project into the required front yard.
§ 340-10.3 Exceptions to height limitations.
Except as otherwise provided in this section, the height limitations in this chapter shall not apply to tanks, water storage facilities, fire towers, cooling towers, ornamental towers and spires, radio and television towers, antennas, aerials, chimneys, elevator bulkheads, flagpoles or necessary mechanical appurtenances. Buildings that are only to be used for storage purposes may exceed the maximum number of stories permitted in the district in which they are located, provided no such buildings exceed the height limit otherwise provided in such district. No tank or liquid storage facilities exceeding six feet in height, except municipal water towers or tanks, shall be located within 100 feet of a residential district, unless approved by the Zoning Board of Adjustment.
§ 340-10.4 Corner visual clearance.
In all zoning districts, except the U-1 and U-2 Districts, nothing shall be erected, placed, planted or allowed to grow on a corner lot in such a manner as to significantly impede the vision of drivers or obscure or physically interfere with an official control device described as follows: that triangular-shaped area bounded by the street right-of-way lines of a corner lot or tract and a straight line joining points on said right-of-way lines that are 30 feet from the point of intersection of said right-of-way lines. Signs are permitted subject to the provisions of § 340-8.3 of this chapter.
§ 340-10.5 Fences and walls.
A.
Fences or walls not exceeding six feet in height may be erected in a required yard or along the lot line, except as follows:
(1)
No opaque fence or wall may be located in a required front yard. In the context of this section, a rear yard of a double-fronted lot is not considered a "front yard."
(2)
An opaque fence or wall may be located in a corner side yard or rear yard of a double-fronted lot in any R Zoning District, provided such fence or wall is at least 12 feet from any driveway, alley or back of street curb.
(3)
All solid fences shall comply with the provisions of § 340-10.4 regarding corner visual clearance.
(4)
In the context of this section, "opaque" is defined as a structure which blocks or otherwise prevents the passage of light through 50% or more of its surface area.
B.
In the M-1 and M-2 Zoning Districts, fences or walls may be installed to a height not to exceed eight feet; except when such fence or wall abuts an AG, RR-1, SR, TR, OS, ROS or PI District, in which case such fence or wall shall not exceed a height of six feet, except:
(1)
In all zoning districts, public or quasi-public buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulator stations, water storage facilities and similar uses, may be surrounded by a fence having a height above grade not more than 12 feet.
C.
Fences or walls that are installed on a corner lot shall comply with the provisions regarding corner visual clearance as described in § 340-10.4.
D.
Fences or walls may be erected in utility easements in accordance with the provisions of this chapter, except that no fence or wall may be erected without the prior approval of the City Engineer, and as a condition of that approval the City Engineer may require that the applicant acknowledge the rights of the City as an easement holder and waive any and all damages that might be otherwise accrued if the City shall need to remove the fence or wall in the exercise of its rights under the easement.
E.
Barbed wire. Barbed wire is permitted to be used only under the following circumstances:
(1)
In the M-1 and M-2 Districts, barbed wire may be used only in connection with nonresidential uses. In these zoning districts, barbed wire may only be used when installed atop a fence or wall having a height above grade of at least six feet.
(2)
In the AG District, barbed wire may be used only in connection with general agricultural activities.
(3)
In zoning districts other than M-1 or M-2, or in the AG Zoning District for uses other than general agricultural activities, barbed wire may only be installed upon specific approval by the Zoning Board of Adjustment.
(4)
When barbed wire is installed atop a fence or wall, the height of that fence or wall shall be determined as the distance between grade and the uppermost strand of barbed wire. The height regulations for fences and walls established in Subsection B of this section shall govern the maximum height of such fences and walls.
(5)
Installation of barbed wire must meet the following standards:
(a)
Barbed wire shall not be located within seven feet of any property zoned RR-1 Rural Residential; SR Suburban Residential; TR Traditional Residential; MR Multifamily Residential; BL Local Business; OS Office/Service; ROS Recreation and Open Space; or PI Public Institutional.
(b)
Barbed wire shall not be installed within 25 feet of an exterior wall of any building used for residential, religious or recreational purposes.
(c)
The barbed wire shall have barbs spaced no closer than at three-inch intervals.
(d)
The barbed wire fence or wall shall have not more than four strands, except for barbed wire fencing used for agricultural activities.
(6)
In all zoning districts, quasi-public buildings and facilities essential to the physical welfare of an area, such as electrical distribution substations, pipeline pumping stations, gas regulator stations, water storage facilities or similar uses, fences may have one foot of barbed wire atop a fence having a minimum height of eight feet above grade, with barbs tipped inward or outward.
§ 340-10.6 Setbacks for double-frontage lots.
Double-frontage lots shall have front yards on both street frontages. Front yard requirements and restrictions included in the district regulations within which the lot is located shall apply on both frontages.
§ 340-10.7 Private light poles.
Private light poles (that is, light poles not regulated under the utility franchises granted by the City) may be located in the required front or corner side yards, provided such poles are located at least 12 feet from the back of the curb.