City of Marion, IA District Use and Bulk Regulations

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.

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.

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.

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:

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 unit
Dwelling, one-unit	P	P
Dwelling, townhouse
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit
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	Small Wireless Facility Design and Review Guideline Policy

§ 340-5.3 Suburban Residential Districts.

Districts.

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.

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.

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.

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.

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.

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.

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.

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 unit
Dwelling, one-unit	P	P	P	P	P	P
Dwelling, townhouse				P	P	P
Dwelling, two-unit (duplex)					P	P
Dwelling, three-unit (triplex)						P
Dwelling, four-unit						P
Dwelling, multi-unit
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	Small Wireless Facility Design and Review Guideline Policy

§ 340-5.4 Traditional Residential Districts.

Districts.

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.

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.

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.

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.

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.

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 unit
Dwelling, one-unit	P	P	P	P
Dwelling, townhouse			P	P
Dwelling, two-unit (duplex)			P	P
Dwelling, three-unit (triplex)				P
Dwelling, four-unit				P
Dwelling, multi-unit
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
Delayed deposit					Y
Drive-thru facility					Y
Financial institution
Firework sales
Funeral home/mortuary
Gas station					Y
Grocery
Grocery, neighborhood
Heavy retail and service
Home improvement center
Hotel/Motel
Kennel					Y
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
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	Small Wireless Facility Design and Review Guideline Policy

§ 340-5.5 Multiple-Family Residential Districts.

Districts.

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.

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.

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.

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 unit
Dwelling, one-unit
Dwelling, townhouse	P	P
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit	P	P
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	Small Wireless Facility Design and Review Guideline Policy

§ 340-5.6 Business and Mixed-Use Districts.

Districts.

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.

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.

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.

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.

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 feet	15 feet
Minimum side yard (corner)	12 feet	12 feet	15 feet
Minimum rear yard	0 feet³	0 feet	0 feet
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.

Table 5.6-2 Business and Mixed-Use District Permitted and Conditional Uses
P = Permitted Use C = Conditional Use A = Permitted as Accessory Use
	BL	BC	BR	Specific Use Standards
Residential Uses
Artist live/work space				Y
Assisted-living facility		C	P
Dwelling unit, auxiliary (attached)				Y
Dwelling unit, auxiliary (detached)				Y
Dwelling, efficiency/micro unit
Dwelling, one-unit
Dwelling, townhouse
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit
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		C	P	Y
Coffee or tea room	P	P	P
Day-care center	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	P
Gas station		C	P	Y
Grocery		P	P
Grocery, neighborhood	P	P	P
Heavy retail and service			P
Home improvement center			P
Hotel/Motel		C	P
Kennel				Y
Medical cannabidiol dispensaries (sales)			P	Y
Medical/Dental clinic		P	P
Medical/Dental clinic, not exceeding 3,500 square feet gross floor area	P
Micro-brewery/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		P	P	Y
Office, business and professional	P	P	P
Outdoor sales, permanent		CA	CA	Y
Outdoor sales, temporary	A	A	A	Y
Pawn shop			CA
Personal services	P	P	P
Professional training center
Restaurant	C	P	P
Retail sales not exceeding 2,500 square feet 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 Ordinances
Tattoo parlor/body piercing studio		C	P
Tavern/Bar		C	P
Veterinary office/animal hospital		P	P	Y
Industrial/Storage Uses
Crematory retort		A	A
Junk/Salvage yard
Manufacturing, heavy
Manufacturing, light
Medical cannabidiol manufacturing				Y
Mini-warehouse				Y
Self-storage, interior access			P	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
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
Communications tower		C	C	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	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

§ 340-5.7 Office/Service and Manufacturing Districts.

Districts.

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.

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.

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.

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.

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 [Amended 8-3-2023 by Ord. No. 23-19]
	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 feet	25 feet³	25 feet³
Minimum side yard (interior)	15 feet	0 feet	0 feet
Minimum side yard (corner)	15 feet	15 feet⁴	15 feet⁴
Minimum rear yard	25 feet	0 feet	0 feet
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.

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		C		Y
Assisted-living facility	P
Dwelling unit, auxiliary (attached)				Y
Dwelling unit, auxiliary (detached)				Y
Dwelling, efficiency/micro unit
Dwelling, one-unit
Dwelling, townhouse	P
Dwelling, two-unit (duplex)
Dwelling, three-unit (triplex)
Dwelling, four-unit
Dwelling, multi-unit	P
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		P	P	Y
Coffee or tea room
Day-care center	P
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, neighborhood
Heavy retail and service		P	P
Home improvement center
Hotel/Motel	P
Kennel		P	P	Y
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
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		P	P
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		P	P	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

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

Districts.

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.

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.

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.

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
Delayed deposit			Y
Drive-thru facility			Y
Financial institution
Firework sales
Funeral home/mortuary
Gas station			Y
Grocery
Grocery, neighborhood
Heavy retail and service
Home improvement center
Hotel/Motel
Kennel			Y
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
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	P
Emergency medical center
Fairground	P	P
Heliport	P
Homeless shelter	P
Hospice
Hospital
Library	P
Nursing home
Office, government	P	A
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

§ 340-5.9 Central Corridor Districts.

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.

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.

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.

340 Central Corridor Zoning Districts.tiff

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

Uptown 1 (U-1) District Standards (cont'd)

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

Uptown 2 (U-2) District Standards (cont'd)

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

Urban Transition Residential (UTR-1) District Standards (cont'd)

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

Urban Transition Residential (UTR-2) District Standards (cont'd)

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

Urban Transition Commercial (UTC-1) District Standards (cont'd)

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

Urban Transition Commercial (UTC-2) District Standards (cont'd)

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

Urban Commercial (UC-1) District Standards (cont'd)

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

District Standards (cont'd)

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 unit	P	P
Dwelling, one-unit			P	P
Dwelling, townhouse			P	P
Dwelling, two-unit (duplex)			P	P
Dwelling, three-unit (triplex)			P	P
Dwelling, four-unit			P	P
Dwelling, multi-unit				P	P	P
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
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 - neighborhood	P	P			P	P	P
Heavy retail and service
Home improvement center
Hotel/Motel	P	P			P	P	P
Kennel								Y
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
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
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								Y
Outdoor storage
Recycling facility
Research and development use
Warehouse/Distribution
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

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:

"Substantial improvement" includes the following:

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.

All facade improvements, changes, alterations, modifications or replacement of existing facade materials will be considered a substantial improvement.

A substantial improvement also includes any increase or decrease in existing building height and/or alteration of the existing roof pitch or appearance.

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."

Owner-occupied detached one-unit residences will not be subject to these regulations.

(f)

Within the Uptown Marion Subdistrict "substantial improvement" also includes:

New, modified or replacement awning structures or similar material extensions over the public sidewalk area.

Demolition or removal of any portion of a building otherwise not specified by these regulations.

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.

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.

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.

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:

Electronic message center signs shall not be permitted within the Central Corridor IDO.

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.

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.

Findings of fact. The following facts establish the need to place sanitary landfills into an Exclusive Use Zoning District.

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.

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.

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.

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:

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.

Protect public safety by requiring proper design of access roads to accommodate the heavy equipment necessary for collection, transportation and disposal of solid wastes.

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.

Promote public welfare by providing a suitable location for the disposal of the solid wastes generated by the community and preserve prime agricultural ground.

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.

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.

Applicability. The requirements and performance standards as herein provided shall apply to all new or lateral expansions of lawful sanitary landfill projects.

Principal permitted uses: sanitary landfill.

Accessory uses:

Transfer station.

Recycling facility.

Compost facility.

Household hazardous waste facility.

Agricultural uses.

Wildlife refuge or similar public purpose uses.

Site and structure requirements.

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.

Minimum lot width: none.

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:

Front yard setback: 200 feet.

Rear yard setback: 200 feet.

Side yard setback: 200 feet.

Corner side yard setback: 200 feet.

Maximum structure height: 100 feet.

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.

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.

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.

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:

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.

The application fee for the specific review and processing of the rezoning reclassification shall be set by the Council.

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.

The applicant shall demonstrate notice to the Iowa Department of Natural Resources (IDNR) that the local siting process has been initiated.

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:

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:

North compass point.

Zoning and land use within one mile.

Haul routes to and from the site with load limits or other restrictions.

Residential structures and other buildings within at least one mile.

Section lines and/or other legal boundaries.

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.

A major site development plan. The plan shall be prepared in the following manner and with the following information:

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).

Scale: one inch equals 50 feet or as approved by the Zoning Official.

Preparation: only by an engineer certified in the State of Iowa.

Orientation: include North directional arrow and map scale indication.

Location map showing relation to surrounding roads, streams and public facilities.

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.

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:

Major transportation routes.

Overpasses with height limitations.

Bridges with weight limitations.

Railroad crossings.

Flow of traffic to proposed site by type.

Current and anticipated daily traffic flows to site.

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:

General site description, including slope, topography, surface drainage and geologic setting.

Description and characteristics of soils, including soil types, dominant soil texture, hydraulic conductivity and suitability of soil for cover and liner construction.

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.

Description of site hydrogeology, including distance to permanent streams, springs and lakes, depth to water table, flood hazard potential and underlying aquifer characteristics.

An assessment of the impact on any existing hydrogeological conditions on the proposed or surrounding site.

Specific recommendations as to site suitability for use of the property as a sanitary landfill.

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:

The proposed fill area.

Any borrow area.

Access roads.

On-site drives.

Grading plan and cross sections to identify ultimate height above existing grade.

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:

Written description of overall program, goals, objectives, intent and schedule.

Identification of property owners who may be eligible for the program and duration for eligibility.

Number and type of appraisals to be conducted, how appraisals should be conducted and who pays for the appraisals.

Period of time during which program exists.

Explanation and example of how compensation could be calculated.

(k)

Conceptual end use plan. The plan shall include the following:

A proposed plan and schedule for site restoration and completion.

A plan outlining the ultimate land use of the site, or a plan that demonstrates possible ultimate land uses.

Any other pertinent information that would address final site restoration and possible future reuses of the property.

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.

Procedure for zoning district reclassification and local siting approval. The following procedure shall be followed for review of the zoning district reclassification:

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.

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.

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.

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.

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.

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.

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.

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:

The applicant's proposal conforms to the most currently approved East Central Iowa Council of Governments Regional Solid Waste Plan.

The applicant's proposal conforms to the most currently approved Cedar Rapids/Linn County Solid Waste Agency's Integrated Solid Waste Management Plan.

The applicant's proposal justifies the size and type of sanitary landfill proposed.

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:

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.

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.

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.

Public welfare shall be protected by providing a suitable location for the disposal of the solid wastes generated by the community.

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:

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.

The landfill cannot be located in a primary residential area as designated on the most recently adopted City of Marion Future Land Use Plan.

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.

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.

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:

An aggressive and effective vector and litter control program shall be provided.

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.

All fill areas are accessible for solid waste disposal during all weather conditions under which solid waste can be received.

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.

The facility management and its employees are properly trained in landfill operations and an emergency response program is provided for.

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:

The traffic patterns to and from the project have been designed to minimize the impact on existing traffic flows.

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.

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.

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.

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.

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.

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.

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:

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.

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.

The footprint of the planned waste disposal area is located outside of a delineated floodplain.

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.

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.

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:

An aggressive and effective vector and litter control program shall be provided.

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.

All fill areas are accessible for solid waste disposal during all weather conditions under which solid waste can be received.

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.

The facility management and its employees are properly trained in landfill operations and an emergency response program is provided for.

Post-construction of sanitary landfill.

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.

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.

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 Municipal Airport land use and height overlay zoning.

General. The Marion Municipal Airport land use and height overlay zoning is created by the City of Marion as a result of the adoption of this section. This section shall regulate and restrict the height of structures, objects and growth of natural vegetation, as well as land uses, within the vicinity of the Marion Municipal Airport and the projected growth of the Airport as detailed in the Airport Layout Plan as amended from time to time. The creation of appropriate overlay zoning and establishing the boundaries of the individual zones, as well as providing for changes in the restrictions and boundaries of such a district, is vested in this section. The Marion Municipal Airport Land Use and Height Overlay Zoning Map is incorporated into and made part of this section.[1] This section also provides for the enforcement of the section, the establishment of the Airport Board of Adjustment and the imposition of penalties related to the implementation of this section.

Editor's Note: The Map is on file in the City offices.

Authority. Iowa Code § 329.3, Airport Zoning, empowers local municipalities to zone airports, including height and land use restrictions.

Statement of intent and purpose.

The Marion Municipal Airport is acknowledged as an essential public facility to the State of Iowa and the local community.

The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding individuals and businesses served by the Marion Municipal Airport.

It is the responsibility of the City of Marion to ensure that there shall be no creation or establishment of a hazard that endangers public health, safety, welfare and impacts an individual's quality of life or prevents the safe movement of aircraft at the Marion Municipal Airport.

For the protection of the public health, safety and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.

The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of police power.

AIRPORT LAND USE AND HEIGHT OVERLAY ZONING MAP

The prevention of new airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards, is considered to be a public purpose for which the City of Marion may raise and expend public funds, as an incident to the operation of the Marion Municipal Airport, or to acquire property interest in such airport hazards.

Short title. This section shall be known and may be cited as the "Marion Municipal Airport Land Use and Height Overlay Zoning," and it is referred to as "this section" within the following subsections.

Applicability. This section encompasses a general area around the Marion Municipal Airport. Specific dimensions associated with the zoning boundary are shown in the Marion Municipal Airport Land Use and Height Overlay Zoning Map.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AIRPORT

Any area of land or water that is used, or intended for use, for the landing and takeoff of aircraft; any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. The Marion Municipal Airport is owned by the City of Marion, Iowa. (FAA FAR § 152.3)

AIRPORT ELEVATION

The highest point on an airport's usable landing area measured in feet from sea level. (FAA AC 150/5190-4A)

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)

The Marion Municipal Airport Land Use and Height Overlay Zoning Map is compiled from the criteria in FAR Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. It shows the area affected by the Marion Municipal Airport Land Use and Height Overlay Zoning, and includes the layout of runways, airport boundaries, elevations of overlay zones. Applicable height limitation areas are shown in detail.

AIRPORT LAYOUT PLAN (ALP)

The plan of an airport showing the layout of existing and proposed airport facilities. (FAA FAR § 152.3)

AIRPORT OVERLAY ZONES

A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and FAA Advisory Circular 150/5300-13 defined Runway Protection Zones have been combined to create five airport zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports.

ZONE A (RUNWAY PROTECTION ZONE)Intended to provide a clear area that is free of aboveground obstructions and structures. This zone is closest to the individual runway ends.

ZONE B (APPROACH SURFACE)A critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, nonprecision or precision) that a specific runway has and the type/size of aircraft utilizing the runway.

ZONE C (TRANSITIONAL SURFACE)Includes those areas that are parallel to the runway pavement and extend from the edge of the primary surface.

ZONE D (HORIZONTAL SURFACE)Typically elliptical in shape, depending upon the runway types and configurations at an individual airport.

FEDERAL AVIATION ADMINISTRATION (FAA)

ZONE E (CONICAL SURFACE)The outermost zone of the overlay areas and has the least number of land use restriction considerations. Zone E begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface.

AIRPORT ZONING PERMIT

An airport zoning permit allowing new development or alteration or expansion of a nonconforming use.

AIRSPACE

The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations.

APPROACH SLOPE

The ratio of horizontal to vertical distance indicating the degree of inclination of the approach surface. The ratio is 34:1 for all runways extended from the primary surface a distance of 10,000 feet. (FAR Part 77)

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this section. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. (FAA AC 150/5190-4A)

COMPATIBILITY

The degree to which land uses or types of development can coexist or integrate.

CONICAL SURFACE

The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically for a horizontal distance of 4,000 feet.

EASEMENT

The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document. (FAA AC 5020-1)

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 promoting the development of a national system of airports.

FEDERAL AVIATION ADMINISTRATION ADVISORY CIRCULAR (FFA AC)

Advisory circular (AC) refers to a type of publication offered by the Federal Aviation Administration (FAA) to provide guidance for compliance with operational standards.

FEDERAL AVIATION REGULATIONS (FAR)

(FAA FAR) Regulations established and administered by the FAA that govern civil aviation and aviation related activities.

FAR PART 36Regulation establishing noise standards for civil aviation fleet. (FAA FAR § 36.1)

FAR PART 91Regulation pertaining to air traffic and general operating rules, including operating noise limits. (FAA FAR § 91.1)

FAR PART 150Regulation pertaining to airport noise compatibility planning. (FAA FAR § 150.1)

FAR PART 161Regulation pertaining to notice and approval of airport noise and access restrictions. (FAA FAR § 161.1)

FAR PART 77(FAA FAR § 77.1)

Subpart A establishes standards for determining obstructions in navigable airspace;

Subpart B defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration;

Subpart C provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace;

Subpart D provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and

LIGHTING AND MARKING OF HAZARDS TO AIR NAVIGATION

Subpart E provides for establishing antenna farm areas.

GENERAL AVIATION AIRPORT

Any airport that is not an air carrier airport or a military facility.

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 Municipal Airport Land Use and 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.

HORIZONTAL SURFACE

The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.

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)

INCOMPATIBLE LAND USE

The use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals and libraries). (FAA FAR § 150.7)

LAND USE COMPATIBILITY

The coexistence of land uses surrounding the airport with airport-related activities.

Installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation.

MITIGATION

The minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action.

NOISE IMPACT

A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area.

NOISE-SENSITIVE AREA

An area where noise interferes with normal activities associated with the area's use. Examples of noise-sensitive areas include residential, educational, health and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. (FAA AC 91-36D)

NONCONFORMING USE

Any preexisting structure, tree or use of land that is inconsistent with the provisions of the local land use or airport master plans. (FAA website)

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)

OVERLAY ZONE

A mapped zone imposing requirements in addition to those of the underlying zoning district.

PRIMARY RUNWAY

The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. (FAA AC 150/5325-4B)

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; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. (FAA AC 150/5190-4A)

PUBLIC USE AIRPORT

Either a publicly owned airport or a privately owned airport open for public use. (FAA AC 150/5190-6)

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)

STRUCTURE

Any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines, including the poles or other structures supporting the same.

TRANSITIONAL SURFACE

The transitional surface extends outward and upward at right angles to the runway center line and extends at a slope of seven feet horizontally for each one foot vertically from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation.

VARIANCE

An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land that is prohibited by a zoning ordinance. A lawful exception from specific zoning ordinance standards and regulations predicated on the practical difficulties and/or unnecessary hardships by the petitioner being required to comply with the regulations and standards from which a variance is sought.

VISUAL APPROACH

An approach to an airport conducted with visual reference to the terrain.

VISUAL RUNWAY

A runway without an existing or planned straight-in instrument approach procedure. (FAA AC 150/5300-13)

WILDLIFE HAZARDS

Wildlife (birds, mammals, reptiles), including feral animals and uncontrolled domesticated animals associated with aircraft strike problems, and capable of causing structural damage to airport facilities or attractants to other wildlife that pose a strike hazard.

Airport Land Use and Height Overlay Zoning Map. The Marion Municipal Airport Land Use and Height Overlay Zones established by this section are shown on the Marion Municipal Airport Land Use and Height Overlay Zoning Map attached as Exhibit A. Such official Marion Municipal Airport Land Use and Height Overlay Zoning Map may be amended, and all notations, references, elevations, data, zone boundaries and other information included in the maps are adopted as part of this section.[2]

Editor's Note: The Map is on file in the City offices.

Airport zoning requirements. In accordance with Iowa Code § 329.10, there are three principal airport zoning requirements supported by additional information contained within the following remaining sections of this chapter. These basic zoning requirements state:

All airport zoning regulations adopted under this section shall be reasonable and none shall impose any requirement or restriction that is not necessary to make effective the purposes of this section.

Airport zoning regulations adopted under this section may require the following:

The removal, lowering or other change or alteration of any structure or tree, or a change in use, nonconforming to the regulations when adopted or amended.

A property owner to permit the City of Marion to install, operate and maintain on the property markers and lights as necessary to indicate to operators of aircraft the presence of the airport hazard, when adopted or amended.

All such regulations may provide that a preexisting nonconforming structure, tree or 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.

The City of Marion will be responsible for the initial removal of trees, structures or other natural or man-made obstructions that are not conforming to the regulations of this section when adopted or amended. Any subsequent alterations or removal of any natural or man-made obstructions to the Marion Municipal Airport or its airspace will be the responsibility of the property owner.

Nonconformities.

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 such nonconforming use is determined by the FAA 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 be used to add other nonconforming structures prohibited elsewhere in the defined airport zones.

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:

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.

Should such nonconforming structure be destroyed by any means to an extent of more than 75% of its replacement cost, it shall be reconstructed only in conformity with the provisions of this airport ordinance.

Should any nonconforming structure be moved within the boundaries of any of the five airport zones for any reason or for any distance whatsoever, it shall thereafter conform to the regulations of this airport zoning ordinance.

Discontinuance. In the event a nonconforming building, structure or use is discontinued for a period of one year, the height or land use compatibility shall conform thereafter to the provisions of this airport zoning ordinance.

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.

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.

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, buildings or structures.

Establishment of Airport Overlay Zones.

FAR Part 77 Surfaces and the Runway Protection Zones have been combined to create five Airport Overlay Zones. These five zones are designed to maintain compatible land uses around the Marion Municipal Airport. Specific dimensions for the individual zones for each runway end are noted in the following tables and text. The Marion Municipal Airport Land Use and Height Overlay Zoning Map should be consulted to determine the specific area of the impact associated with each zone.

Airport Overlay Zone A: Runway Protection Zone (RPZ). Zone A is intended to provide a clear area that is free of aboveground obstructions and structures. This zone is closest to the individual runway ends. The dimensional standards for Zone A are shown in Table 1.

Table 5.11-1 Runway Protection Zone Dimensions
Approach Visibility	Approach Visibility Minimums	Dimensions
Approach Visibility	Approach Visibility Minimums	Length L (feet)	Inner Width W₁ (feet)	Outer Width W₂ (feet)	RPZ (acres)
Visual and not lower than 1 mile	Aircraft Approach Categories A and B	1,000	500	800	14.92

Notes:
¹	The RPZ dimensional standards are for the runway end with the specialized approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet (60 m) beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13 Change 11, Appendix 14 for approach and departure RPZs.

Notes:

The RPZ dimensional standards are for the runway end with the specialized approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet (60 m) beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13 Change 11, Appendix 14 for approach and departure RPZs.

Airport Overlay Zone B: Approach Surface. Zone B is a critical airport zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ. This district is centered on the extended runway center line and extend outward and upward from the end of the runway primary surface at a slope 34 horizontal to one vertical (34:1) for the ultimate approach surface. Table 5.11-2 illustrates the size of Zone B.

Airport Overlay Zone C: Transitional Surface. Zone C provides an area, relatively free of obstructions, that is in closest proximity, laterally, to the runway environs. Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface parallel to the runway and extended runway center line until they reach the end of Zone A at a 90° angle and extend to intersect with Zone B. This zone extends outward and upward at right angles to the runway center line and extends at a slope of seven feet horizontal for one foot vertical from the sides of the primary and approach surfaces. Table 5.11-2 illustrates the size of Zone C based upon the specific runway criteria.

The west side of Zone C shall extend from 125 feet west of the runway center line to 1,091 feet west of the runway center line; the east side of Zone C shall extend from 250 feet east of the runway center line to 1,216 feet east of the runway center line.

Airport Overlay Zone D: Horizontal Surface. Zone D follows horizontal surface plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. This zone is elliptical in shape, the radius of which is 10,000 feet from the edge of the primary surface. Table 5.11-2 illustrates the size of Zone D based upon the specific runway criteria.

Airport Overlay Zone E: Conical Surface. Zone E has the least number of land use restrictions. This zone extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontal for one foot vertical for a horizontal distance of 4,000 feet from Zone D. Table 5.11-2 illustrates the size of Zone E based upon the specific runway criteria.

Table 5.11-2 Airport Overlay Zones Size and Configuration
Item	Runway Dimensional Standards (feet)
Item	Runway 17	Runway 35
Primary surface width	500	500
Zone B - inner width	500	500
Zone B - end width	3,500	3,500
Zone B - length	10,000	10,000
Zone C - width	1,050	1,050
Zone D - radius	10,000	10,000
Zone E - width	4,000	4,000

Airport Overlay Zone land use compatibility.

The underlying zoning district classifications shall dictate permitted and conditional land uses. Table 5.11-3 identifies land uses within the underlying zoning districts which are compatible, not compatible or require additional review:

Uses identified as "compatible" shall be considered permitted uses and shall not require additional review.

Uses found to be "not compatible" shall be considered prohibited uses and shall be precluded from development within the specific zones.

Uses found to require "additional review" shall be evaluated for general compatibility by the Airport Zoning Official for potential conflicting land uses or potential negative effects that may need to be mitigated. If after review by the Airport Zoning Official all conditions have been addressed, the zoning permit shall be issued. Consideration should be given to the following five areas when additional review is required:

Noise-sensitive related issues.

High concentrations of people.

Tall structures.

Visual obstructions.

Wildlife and bird attractants.

Table 5.11-3 Airport Land Use Table
Land Uses	Zone A	Zone B	Zone C	Zone D	Zone E
C = Compatible AR = Additional Review Required NC = Not Compatible
Residential Activities
Detached one-unit dwelling (i.e., farm dwelling, detached one-unit house, manufactured/modular/mobile homes if converted to real property and taxed)	NC	AR	NC	C	C
Two-unit uses (i.e., two principal dwelling units within one building on the same parcel)	NC	AR	NC	C	C
Multi-unit uses (i.e., three or more principal dwelling units within a single building on the same parcel, apartments such as condominium, elder, assisted-living, townhouse-style)	NC	NC	NC	C	C
Group living uses (i.e., assisted-living, group care facilities, nursing and convalescent homes, independent group living)	NC	NC	NC	C	C
Manufactured housing parks	NC	NC	NC	C	C
Commercial Activities
General office (i.e., professional office, financial, business, government offices)	NC	AR	AR	C	C
Sales-oriented (i.e., appliances, convenience stores, bakeries, electronics, furniture, garden supplies, gas stations, groceries, hardware, malls, strip malls, videos)	NC	AR	AR	C	C
Personal-service-oriented (i.e., retail service-banking establishments, laundromats/dry cleaning, quick printing services, beauty/tanning salons, funeral homes)	NC	AR	AR	C	C
Repair-oriented (i.e., consumer goods-electronics, office equipment, appliances)	NC	AR	AR	C	C
Hospitality-oriented (hotels, motels, convention centers, meeting halls, event facilities)	NC	NC	NC	C	C
Outdoor storage and display-oriented (i.e., outdoor storage-lumber yards, vehicle sales, landscape material and nursery product sales, farm supply and equipment sales)	NC	AR	AR	C	C
Industrial/Manufacturing Activities
Industrial service uses (i.e., machine shops, tool repair, towing and vehicle storage, building supply yards, heating/plumbing/electrical contractors, exterminators, janitorial services, fuel oil distributors, solid fuel yards)	NC	AR	AR	C	C
General manufacturing (i.e., manufacturing, compounding, assembling or treatment of most articles, materials or merchandise)	NC	AR	AR	C	C
Heavy manufacturing (i.e., concrete and asphalt plants, meat packing plants, wet corn milling, manufacturing of animal feed, paper/paperboard mills, ethanol plants)	NC	NC	NC	AR	C
Mining and extraction uses	NC	NC	NC	AR	C
Salvage operations (i.e., firms that collect, store and dismantle damaged or discarded vehicles, machinery, appliances and building material)	NC	NC	AR	C	C
Warehouse and freight uses (i.e., major wholesale distribution centers, general freight storage, railroad switching yards, bus/rail car storage lots, parcel service, grain terminals)	NC	AR	AR	AR	C
Waste-related uses (i.e., recycling centers, sanitary landfills, waste transfer stations, composting, energy recovery plants, sanitary and water treatment facilities, sanitary collection/pumping facilities, hazardous waste collection sites)	NC	NC	NC	AR	C
Warehouse and freight uses (i.e., major wholesale distribution centers, general freight storage, railroad switching yards, bus/rail car storage lots, parcel service, grain terminals)	NC	C	AR	C	C
Wholesale sales uses (i.e., sale, lease or rental of products to retailers for industrial, institutional or commercial business users)	NC	AR	AR	AR	C
Institutional Activities
Basic utility uses (i.e., utility substation facilities, electrical substations, water and sewer lift stations, water towers)	NC	AR	NC	C	C
Colleges and universities (i.e., public or private colleges and universities, technical colleges, seminaries)	NC	NC	NC	C	C
General community service (i.e., libraries, museums, transit centers, park-and-ride facilities, senior/community/neighborhood centers, community service centers, police and fire stations)	NC	AR	AR	C	C
Day-care uses (i.e., child-care centers, adult day care, preschools, after-school programs)	NC	NC	NC	C	C
Detention facilities (i.e., prisons, jails, probation centers, juvenile detention homes, halfway houses)	NC	NC	NC	C	C
General educational facilities (i.e., public and private elementary, middle, junior and senior high schools, including religious, boarding, military schools,)	NC	NC	NC	C	C
Specialized education facilities (i.e., specialized trade, business or commercial courses, non-degree-granting schools)	NC	NC	NC	C	C
Hospitals (i.e., hospitals, medical centers)	NC	NC	NC	C	C
Religious assembly uses (i.e., churches, temples, synagogues, mosques, Masonic, eagles, moose or elk lodges)	NC	NC	AR	C	C
Infrastructure activities
Communications transmission facility uses (i.e., broadcast, wireless, point-to-point, emergency towers and antennas)	NC	NC	NC	AR	AR
Parking uses (i.e., ground lots, parking structures)	AR	C	AR	C	C
Transportation uses (i.e., highways, interstates, local and county roads)	AR	C	C	C	C
Utility uses (i.e., solar power generation equipment, wind generators, wind farms)	NC	NC	NC	AR	AR
Agricultural Activities
Plant-related (i.e., crop farming, vegetable, fruit, and tree, wholesale plant nurseries)	AR	C	AR	C	C
Animal-related (i.e., livestock operations, dairy farms, horse farms)	AR	C	AR	C	C
Resident-related (i.e., one-unit home, mobile home if converted to real property and taxed)	NC	AR	NC	C	C
Facility-related (i.e., fuel bulk storage/pumping facility, grain elevator, livestock/seed/grain sales)	NC	AR	NC	C	C
Water Bodies
Man-made resources (i.e., mining and extraction, standing bodies of water, wetlands)	NC	AR	AR	C	C
Parks and Recreation Activities
Outdoor amusement (i.e., theme parks, fairgrounds, racetracks, sports arenas)	NC	NC	NC	C	C
Indoor (i.e., physical fitness centers, health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor theaters)	NC	AR	NC	C	C
Golf (i.e., golf driving ranges, outdoor miniature golf, 9+ hole courses)	NC	AR	NC	C	C
Parks (i.e., aquatic, mini, private, sports, neighborhood, school, community)	NC	AR	NC	C	C

Administration.

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 Municipal Airport Land Use and Height Overlay Zoning, the administration will be enforced by the Airport Zoning Official with consultation and cooperation from Linn County Planning and Development. However, in no case shall such administrative agency be or include any member of the Airport 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 Airport Board of Adjustment. The Zoning Official for the City of Marion shall be recognized as the official Airport Zoning Official since the operation of the Marion Municipal 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 Airport Zoning Official about the Marion Municipal Airport Land Use and Height Overlay Zoning regulations.

Applications for permits and variances shall be made to the Airport Zoning Official or their designee upon forms furnished by the City of Marion. Applications for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport Zoning Official should an applicant request review. Permit applications shall be either granted or denied by the Airport Zoning Official according to the regulations prescribed herein.

Airport overlay zoning permits.

It shall be the duty of the applicant to provide the Airport Zoning Official or their designee with sufficient information to evaluate the proposed action.

The Airport Zoning Official or their designee shall evaluate the proposal based upon information provided by the applicant. The Airport 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 Airport Zoning Official or their designee shall deny the permit. Should the permit be denied, the applicant shall have the right to request a variance or an appeal as prescribed in this section.

Hazard markings and lighting.

Lighting and marking requirements will be determined through an FAA 7460-1 airspace analysis. The owner of any structure, object, natural vegetation or terrain 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 property owner, unless other contractual arrangements have been made and approved by the Marion Municipal Airport Committee.

Height limitations.

No structure, object, natural vegetation or terrain shall be erected, altered, allowed to grow or be maintained within any Airport Overlay Zone established by this section to a height in excess of the applicable height limitations set forth in this section. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the Marion Municipal Airport Land Use and Height Overlay Map within the various airport overlay districts encompassed by this section.

An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate height impacts. However, it shall not be the sole source of review. In order to carry out the provisions of this section, there shall be created and established certain airport overlay zones which are depicted on the Marion Municipal Airport Land Use and Height Overlay Zoning Map. A parcel located in more than one Airport Overlay Zone shall be considered to be in the Airport Overlay Zone with the more restrictive height and use limitations. The various Airport Overlay Zones shall be established and defined as detailed in Table 5.11-2 above.

Airport Board of Adjustment. Any person, property owner or taxpayer impacted by any decision of this section may appeal to the Airport Board of Adjustment. According to Code of Iowa § 329.12, the governing body of any municipality seeking to exercise powers under Chapter 329 shall, by ordinance, provide for the appointment of an Airport Board of Adjustment, as provided in Iowa Code § 414.7 for a city, or as provided in Iowa Code § 335.10 for a county. The Airport Board of Adjustment has the same powers and duties and its procedures and appeals are subject to the same provisions as established in Iowa Code §§ 414.9 to 414.19 for a city, or Iowa Code §§ 335.12 to 335.21 for a county.

The Airport Board of Adjustment shall consist of two members each from the City of Marion and Linn County, selected by the governing body thereof, and one additional member to be selected by the Marion Municipal Airport Committee.

The five appointed members will select a Chairperson amongst themselves. Airport Board of Adjustment members may be removed for cause by the appointing authorities (either the City of Marion or Linn County) upon written charges and after a public hearing.

Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected. The terms of the Airport Board of Adjustment members shall be for five years; except when the Board is first created, one of the members appointed by each participating governmental jurisdiction shall be appointed for a term of two years and one for a term of four years.

The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any regulations adopted pursuant to this section or to effect any variance therefrom.

(7)

Variances.