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Marion moves to align zoning rules with state law, expands accessory dwelling unit allowances
Summary
City staff presented two state-driven code updates — one clarifying variance review standards under House File 652 and another to allow accessory dwelling units (ADUs) as a permitted right and increase the ADU size limit to 1,000 sq ft or 50% of the primary dwelling’s footprint. Council approved initial consideration of both ordinances.
City planning staff presented two state-driven updates to Marion’s zoning code at the Nov. 6 Marion City Council meeting and the council approved initial consideration to amend local rules.
Nicole, a city planner, told the council the first change responds to House File 652 and clarifies review criteria used by the zoning board of adjustment. The amendments replace the more stringent "hardship" language with a "practical difficulty" standard for variances and clarify that numerical reviews (area, setbacks, number of signs) are part of the variance analysis. Nicole said the changes are intended to align local practice with state law and to make the standard clearer for applicants and staff.
Nicole also presented amendments prompted by State File 592 governing accessory dwelling units (ADUs). Key changes described by staff include consolidating definitions for accessory buildings/uses; requiring that any residential zoning district that allows a single-family dwelling also allow an ADU as a permitted use (removing conditional-use requirements); prohibiting a local owner-occupancy requirement; and adjusting size limits so an ADU may be up to 1,000 square feet or 50% of the primary home’s footprint, whichever is larger (the city’s previous maximum had been 700 square feet). Nicole noted that ADUs still must comply with building, egress and driveway regulations and other applicable standards.
No written comments were received before the meeting on either code amendment; the council opened the public hearings, received staff explanation and then moved both ordinances to initial consideration (Ordinance No. 25-31 for zoning-board adjustments and Ordinance No. 25-32 for ADUs).
Nicole said legal review has been completed and staff are presenting the edits to ensure Marion’s code is consistent with state law. The council did not record further public testimony on these items during the meeting. Staff will prepare the final codified language for subsequent council action.
