1. Intent. To assure that the design and location of residential, commercial, and industrial areas will be in conformance with the zoning standards of this chapter and are properly related to and in harmony with the existing and future residential, business, and industrial development of the County. In rezoning, variance, and conditional use issues it is essential that new or expanding developments meet the established minimum standards to protect the existing built environment; to ensure adequate provisions for public/private utilities, such as sewer, water, and roads; and promote the health, safety, and general welfare of the public.
2. Application.
A. A site plan and corresponding review are required whenever a person, firm, corporation, or other group wishes to develop or redevelop a tract of land in Marion County. The following types of development are exempt from the site plan review process in any zoning district:
(1) Standalone single-family dwellings.
(2) Standalone two-family dwellings.
(3) Farms as outlined in 55.03
B. When a project is redevelopment, enlargement, or extension of the existing use or structure the review may be handled administratively through review by the Marion County Zoning Administrator, Marion County Road Department, and Marion County Environmental Health. The administrative review does not apply to the following situations:
(1) If the new structure or addition is larger than 10,000 square feet,
(2) If the development covers or will cover more than 80% of the lot,
(3) If the development includes the installation of utility scale solar or wind energy conversion system (WECS) or
(4) If the zoning administrator chooses to waive the administrative review.
3. Procedure.
A. The site plan shall be filed with the Zoning Administrator, who will determine if all the information is provided and adequate for review. Once all the required information is received, the Zoning Administrator may forward copies of the site plan to the Marion County Road Department, Marion County Environmental Health, and other entities such as the Iowa DOT for review and comment.
B. The Zoning Administrator shall then forward a copy of the site plan to each member of the Zoning Commission. The Zoning Commission shall, after receiving a report from county staff, review the site plan for conformity with the regulations and standards contained herein and may confer with the developer on changes deemed advisable.
C. The Commission may, in its discretion, hold a public hearing on the site plan of the proposed development and prescribe the notice thereof and to whom such notice shall be given.
D. The Zoning Commission shall forward its recommendation, either for approval or disapproval of the site plan to the Board of Supervisors in a timely manner after the date of the submission of said site plan. If the Commission does not take action within 60 days of the date of submission, the site plan shall be deemed to be approved by the Commission, unless the developer agrees to an extension of time.
E. The Board of Supervisors shall, upon receipt of the recommendation of the Commission, either approve or disapprove the site plan for the proposed development.
F. No building permit for any structure within any district in which a site plan is required shall be issued until the site plan has been approved as provided herein.
G. Upon final action by the Board of Supervisions on any site plan, a copy of said site plan, with the action of the Board of Supervisions included, shall be filed with the Zoning Administrator.
H. If the Zoning Administrator finds that any construction or proposed construction or occupancy of a development on a tract of land for which a site plan has been approved will not substantially comply with the site plan as approved, the Zoning Administrator shall suspend all building permits for the development and order all construction stopped until such time as the owner of the project, or the successors in interest, shall have provided satisfactory proof that the site plan will be complied with. Any person aggrieved by any decision or action of the Zoning Administrator under this section may appeal such action or decision to the Board of Adjustment.
I. If the owner or developer of a tract of land for which a site plan has been approved determines that an extension of time is necessary or that a modification of the site plan would provide for a more appropriate or more practicable development of the site, the owner may apply for an amendment of the site plan. The Zoning Commission may grant an extension of time or a modification of a previously approved site plan if it determines such modification of the site plan provides for a more appropriate development of the site.
J. Expiration of Approval. All site plan approvals shall expire and terminate one year after the date of Board of Supervisors approval unless a building permit has been issued for the construction provided for in the site plan. The Board of Supervisors may, upon written request by the developer, extend the time for the issuance of a building permit for 180 days. In the event the permit for the construction provided for in a site plan expires or is canceled, then such site plan approval shall thereupon terminate.
K. Application Fee. A non-refundable Application Fee for the Site Plan shall be paid in full to the Zoning Administrator at the time the application is made, with the amount of said fee in accordance with a Fee Schedule adopted from time to time by Resolution of the Board of Supervisors. Under no condition shall said fee or any part thereof be refunded for failure of said site plan to be approved.
4. Information on Site Plan.
A. The purpose of the Site Plan is to show the facts needed to enable the Zoning Commission to determine whether the proposed development complies with the standards of this Ordinance. Every site plan is expected to be prepared in a professional manner. The site plan shall contain such information and data as outlined herein:
(1) Location map showing relationship to surrounding roads, streams, and public facilities.
(2) Scale of Site Plan shall not be more than one (1) inch to equal fifty (50) feet. Scale shall be shown in legend.
(3) Contact information for property owner. Contact information for any engineer, architect, developer, or other similar party involved in the project is also required.
(4) Date, north marker, and name of proposed development.
(5) Property boundary lines, dimensions, and total area of proposed development.
(6) Existing buildings with size and square footage labels, utilities, railroads, loading facilities, rights-of-way, easements, existing road with labels, stands of trees, and drainage ways.
(7) Location and name of adjoining subdivisions, subdivision lots therein, and names of the adjoining landowners.
(8) Zoning district classification.
(9) Type of water supply, sewage disposal, and storm sewer disposal with locations.
(10) Proposed location of buildings, structures, parking lots, signage, lighting, etc.
(11) Determination of flood elevations and relationship of proposed development to flood prone areas, if applicable.
(12) Proof of Ground Water Discharge Permit application, if applicable. Proof of permit from the Iowa Department of Natural Resources is required before the building permit is issued.
(13) To ensure compliance with drainage laws and soil erosion control standards, Marion County may require the property owner to hire a licensed professional civil engineer to develop a storm water management plan and prepare plans for the improvements necessary to implement said plan if any of the following apply or any combination of the following cause reason to deem said plan to be required for proposed buildings, parking areas, or other impervious surfaces that:
a. Are larger than 10,000 square feet in size,
b. Represent more than 80% of the area of the lot,
c. Do not discharge directly into a natural drainage way, or
d. Discharge to a natural drainage way that is unstable or susceptible to erosion.
(14) Additional information as requested by the Zoning Administrator.
5. Site Plan Review Standards. The standards of the site design listed below are intended only as minimum requirements. The site plan review standards are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the standards contained in this chapter, other applicable chapters of this Zoning Ordinance, standard engineering practices, and County, State, and federal rules and laws.
A. Adequacy of information. The site plan must include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses(s) and structures.
B. Use of land. The site plan shall indicate all proposed uses are permitted in the zoning district in which the site is located.
C. Site design characteristics. All elements of site design must be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. The site must be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter. The site must be designed to conform to all provisions of this chapter. Redevelopment of existing sites must be brought into conformance with all site improvement provisions of this chapter which are relative to and proportionate to the extent of redevelopment, as determined by the Zoning Commission or Zoning Administrator.
D. Buildings. Principal building and accessory structures should be designed to meet setback standards, height and other dimensional standards, and be consistent with applicable building design standards. The purposed development shall be designed, and the buildings and improvements shall be located within the tract of the parcel in such manner as to not unduly diminish or impair the use and enjoyment of adjoining or surrounding property. The developer shall provide for such fences, landscaping and other improvements as are proper and necessary to buffer the proposed use from the existing or potential surrounding land uses.
E. Ingress and Egress. Internal roads and streets shall be adequately constructed to accommodate the traffic generated. Entrances and exits onto public streets shall not unduly increase congestion or traffic hazards on the public streets and the proposed site. All buildings or groups of buildings must be arranged so as to permit emergency vehicle access.
F. Drainage and Soil Erosion. The proposed development shall be designed with appropriate regard for topography, surface drainage, natural drainage ways and streams, wooded areas and other naturally sensitive areas that lend themselves to protection from degradation. It shall be the property owners’ responsibility to ensure there are no negative impacts to abutting or downstream properties due to development of the property, in accordance with Iowa drainage law. This includes impacts related to increased flows, longer duration of flows, erosion, and similar conditions.
G. Public Services. The proposed development shall be designed with adequate water supply and sewage treatment facilities and storm water drains and structures necessary to protect the public health and welfare by not overloading existing public utilities. Additionally, the proposed development shall be designed not to unduly increase danger of fire, explosion and other safety hazards on the general public and the persons residing or working in adjoining or surrounding property.