1. Construction of Accessory Building Before Principal Building. No certificate for an accessory building shall be issued until and unless a certificate has been issued for the principal building in any residential, commercial, or industrial zoning district. An accessory building shall not be occupied prior to the beginning of construction on the principal building.
2. Replacement Dwellings – Temporary Construction Occupancy of Original Structure. Whenever a zoning permit is issued for a new dwelling in an agricultural or residential zoning district to replace an existing dwelling, the existing dwelling may remain occupied during construction only if approved by the Zoning Administrator. Said approval shall limit the duration of such occupancy to no longer than eighteen (18) months after the date of the zoning permit. The original dwelling shall be removed and properly disposed of within 24 months of the date the zoning permit unless said structure conforms to all zoning regulations and has been so approved by the Zoning Administrator.
A. A parcel of land created by specific quantity description for agricultural purposes does not constitute a Lot of Record and shall not be considered a buildable lot for any use unless the Zoning Administrator determines said parcel meets all requirements for a lot, based upon the zoning of said parcel. The Zoning Administrator may require a survey to demonstrate the parcel meets all applicable requirements, including lot size, lot width, street frontage, and setbacks to all proposed and existing structures.
3. Water and Sewage. In all districts where a proposed building, structure or use will involve the use of sewage facilities, and public sewer and/or water is not available, the sewage disposal system and domestic water supply shall comply with all of the requirements and standards of the Marion County Board of Health.
4. Structure Permitted Above Height Limits. The building height limitations of the Zoning Ordinance shall be modified as follows:
A. Chimneys, cooling towers, elevator bulk-heads, fire towers, monuments, stage towers or scenery lofts, water towers, small wind energy conservation systems, churches, ornamental towers and spires, wireless communication towers, radio or television towers or necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted regulations of Marion County; provided, however, no such structure shall be permitted to extend into the approach zones, clear zones or other restricted air space required for the protection of any public airport.
B. Public, semi-public or public service buildings, hospitals, sanitariums, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples, when permitted in a district, may be erected to a height not exceeding seventy-five (75) feet, if the building is set back from each property line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is built.
5. Other Exceptions to Yard Requirements. Every part of a required yard shall be open to the sky unobstructed with any building or structure, except for a permitted accessory building in a rear yard, and except for ordinary projections not to exceed twenty-four (24) inches, including roof overhang.
6. Mixed Use Yard Requirements. In instances where buildings are erected containing two or more uses housed vertically, the required side yards for the first-floor use shall control.
7. Utility Outlot Exception. In any zoning district, outlots designated for public utility purposes shall not be required to meet the minimum lot size and frontage requirements if said outlot has been approved on a Plat of Survey or Plat of Subdivision. However, all above grade structures and appurtenances shall meet all setback requirements of the applicable zoning district.
8. Accessory Mobile Home Dwelling Regulations. In the A-1 district, one mobile home for use as a non-farm dwelling on a lot accessory to a principal farm dwelling having a permanent foundation may be permitted subject to approval by the Zoning Administrator. A permit for a temporary accessory mobile home dwelling for a period as determined by the Zoning Administrator shall be required under this section. The Zoning Administrator shall approve, conditionally approve, or deny such request for an accessory mobile home dwelling.