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Marion City Zoning Code

CHAPTER 10

OVERLAY DISTRICTS

11-10A-1: GENERAL REQUIREMENTS:

The city participates in the national flood insurance program as administered by the federal emergency management agency (FEMA). FEMA has prepared a set of maps entitled "City Floodway - Flood Boundaries (Effective September 15, 1983)" which depicts the extent of the 100-year flood. The maps are incorporated into this title by reference, and the extent of the 100-year flood boundaries constitute the boundaries of the floodplain overlay district. No development is permitted in the floodplain overlay district, regardless of the underlying zone district, except in conformity with title 13, chapter 1 of this code. The administrator will interpret the extent of the floodplain overlay district at the time of zone clearance (see section 11-3-2 of this title). (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-10B-1: PURPOSE:

The purpose of the APO airport overlay district is to coordinate the land use control functions of the city and the county regional airport. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-10B-2: CITY ZONING REGULATIONS AND COUNTY AIRPORT ZONING ORDINANCE APPLY:

Uses proposed in areas designated as APO airport overlay district on the official zoning map are additionally subject to the provisions of the county regional airport zoning ordinance as enabled by the airport zoning act of 1945. In this regard, all requests for development permits, including building permits, planned unit development permits, or special use permits, or requests for zone changes, amendments, or variances within the APO district shall receive the concurrent review of the city and the county airport authority. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-10B-3: REQUEST FOR ZONING ACTION; REVIEW BY CITY AND COUNTY:

   A.   Upon receipt of a request for a development permit of any kind, zone change, amendment, or variance under the provisions of this title located within the APO district by the city, the city will forward a copy of the request in its entirety to the airport authority. The airport authority will be extended up to fifteen (15) days to review the request for conformity with the provisions of the airport zoning ordinance, during which period the city will take no further action.
   B.   A statement of consistency from the airport authority or a lapse of fifteen (15) days without comment will release the city to continue the routine processing of the request.
   C.   Should the airport authority determine, upon review, that the request is not in compliance with the airport zoning ordinance, an objection may be filed with the city. Upon receipt of an objection, the administrator will arrange a timely joint meeting of the zoning board of appeals and duly authorized representatives of the airport authority which will investigate the circumstances of the objection and seek alternative approaches to the requested action, if any, that could be employed to satisfy the objection.
   D.   All parties affected by the request, including counsel, may attend and participate in said joint meeting. The zoning board of appeals will record all comments and will attach said comments to an advisory report, including findings of fact, to be forwarded to the city council.
   E.   Should the objection not be resolved by this method, the city council will uphold the objection and deny the request if the objection is based on a more restrictive regulation. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

11-10B-4: INTERPRETATION:

In all cases of interpreting any differences between the two (2) ordinances, the more restrictive regulations will apply so long as the regulations are based on safety hazards or noise considerations as identified by the airport zoning ordinance. (Ord. 1148, 4-27-1987, eff. 6-1-1987)