Special and Overlay Districts provide for modified base districts that are adapted to the specific needs of different parts of Marion County. These overlay districts are designed to recognize those special conditions which require specific regulation. Overlay districts are used in combination with base districts to expand the base district regulations, such that all parcels, uses and structures shall conform to the overlay district regulations where appropriate in addition to the applicable base zoning district regulations.
1. FP Flood Plain Overlay Zoning District (FP).
A. The Flood Plain is designed as a zoning overlay to identify the general location of areas within the floodway and/or having special flood hazards. The flood plain includes the floodway, flood hazard areas and the U.S. Army Corps of Engineers Flowage Easement area, whether or said Flood Plain Zone appears on the Official Zoning Map.
B. Additional regulations are imposed upon properties within the Flood Plain overlay district for the protection of life and property from losses and hazards caused by the occupancy and use of the floodplain by buildings, structures or activities that may increase the effects of flooding.
C. Marion County has adopted the regulations and flood maps of the Federal Emergency Management Agency (FEMA) in accordance with the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. The Flood Insurance Study and Flood Insurance Rate Maps for Marion County, Iowa, and the FEMA regulations are included in Chapter 61 of this Code of Ordinances.
D. No structure or land shall be used, and no structure or wastewater treatment facility (including septic systems) shall be located, extended, converted or structurally altered in designated flood hazard areas without full compliance of the regulations of Chapter 61 of this Code of Ordinances, the Corps of Engineers, the Natural Resources Council, and FEMA.
E. If there are any discrepancies between the flood plain as depicted on the Official Zoning Map and the flood hazard areas as depicted on the Flood Insurance Rate Map, the Flood Insurance Rate Map shall govern.
F. If any discrepancies between the flood plain as depicted on Official Zoning Map and the flowage easement area as defined by U.S. Army Corps of Engineers, the flowage easement shall govern.
2. Airport Height Limitation Overlay Zoning District. (AHL)
A. An Airport Height Limitation Zone (HLZ) is designed as a zoning overlay to identify the general location of areas having height restrictions based upon the proximity of the structure, tree or similar hazard to an official airport within Marion County whether or said Airport Height Limitation Zone appears on the Official Zoning Map.
B. Official airports within Marion County are as follows:
(1) Knoxville Municipal Airport as referenced in Chapter 62 of Marion County Code of Ordinances
(2) Pella Municipal Airport as referenced in Chapter 63 of Marion County Code of Ordinances
C. No structure or land shall be used or located, extended, converted, or structurally altered in a designated airport height limitations overlay zone without full compliance of applicable chapter of Marion Code of Ordinances.
D. Boundary lines for the airport height limitation zone for specific, official airports are indicated on the Official Zoning map for informational purposes only and are based on the following approved Airport Maps:
(1) Knoxville Municipal Airport Height Zoning Map as referenced in Chapter 62 of this Code of Ordinances.
(2) Pella Municipal Airport FAR Part 77 Surface map as referenced in Chapter 63 of this Code of Ordinances.
E. If there are any discrepancies between the airport height limitation overlay zone as depicted on the Official Zoning Map and any height restriction imposed by the approved Airport Map, the Airport Map shall govern.
F. Approval for Building Permits within the AHL.
(1) Zoning Administrator shall determine whether the Building Permit shall require approval of the appropriate airport authority. No Building Permits shall be issued without such approval if it is deemed necessary by the Zoning Administrator.
(2) The property owner, organization or applicant shall be responsible for obtaining approval from the appropriate airport authority if necessary.
G. The property owner, organization or applicant shall be responsible for notifying the FAA and obtaining all necessary approvals and permits from the FAA prior to construction.