This document is Part IV of the Municipal Code of the City of Marion. It shall be officially known and cited as the "Unified Development Ordinance" and referred to internally in this document as the "UDO". The official map designating zoning districts and regulatory boundaries shall be titled and known as the "Official Zoning Map of the City of Marion".

(Ord. No. O-22-01-04-1, § 3, 1-4-22)

   The UDO was adopted and became effective on July 1, 2021 by Ordinance No. O-21-06-15-5.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Authority. The UDO is adopted pursuant to the authority granted by the City of Marion Municipal Charter and North Carolina General Statutes G.S. §160-D Local Planning and Development Regulations, as amended. The UDO also uses powers granted in other sections of the N.C.G.S. relating to particular types of development or particular development standards.

   Except as provided for in G.S. § 160D-913, these regulations apply to the development and use of all land and structures within the corporate limits of the City of Marion, North Carolina and within the extraterritorial jurisdiction exercised by ordinance and denoted on the zoning map as is digitally maintained and on file at the City of Marion planning and development department pursuant to G.S. 160D-105. This map and its boundaries are incorporated into and made part of the UDO.

   B.   General Applicability and Jurisdiction. Except as provided for in G.S. § 160D-913, the UDO shall apply to all development and use of land and structures located within the corporate boundaries of the City of Marion, North Carolina, and extraterritorial jurisdiction, as denoted on the official boundary map maintained in the office of the City Clerk, and as may be amended from time to time, as provided by law. This map and its boundaries are incorporated into and made part of the UDO.

   C.   Split Jurisdiction. If a parcel of land lies within the planning and development regulation jurisdiction of more than one local jurisdiction, for the purposes of the UDO and G.S. Chapter 160D, the local governments may, by mutual agreement pursuant to Article 20 of G.S. Chapter 160A and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this chapter and G.S. Chapter 160D for the entire parcel to any one of those local governments. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other non-regulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded in the McDowell County register of deeds within 14 days of the adoption of the last required resolution.

   D.   Pending Jurisdiction. When changes to the city's jurisdiction are formally proposed, the city may receive and process proposals to adopt development regulations and any application for development approvals that would be required in the city if the jurisdiction is changed. No final decisions shall be made on any development approval prior to the actual transfer of jurisdiction. Acceptance of jurisdiction, adoption of development regulations, and decisions on development approvals may be made concurrently and may have a common effective date.

   E.   Compliance Required.

      1.   No building, structure, or land shall be used for any purpose or in any manner other than as provided for in the regulations for the zoning district in which it is located, and no permit, certificate, or approval of any use that is subject to the UDO shall be issued or granted by any department, agency, City official, or City employee without a finding of substantial compliance with the UDO having been issued by the appropriate review authority.

      2.   Unless otherwise stated in the UDO, no building or structure shall be erected, converted, enlarged, reconstructed, or altered without a determination of substantial compliance with the UDO.

      3.   No lot of record that did not exist on the effective date of the UDO shall be created by subdivision or otherwise unless it complies with the UDO.

      4.   All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code, or the North Carolina Residential Code, whichever is applicable, or both if applicable. Where the provisions of this Chapter conflict with any of the technical codes listed above, the more restrictive provisions shall apply.

      5.   Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.

      6.   All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel-burning equipment, incinerators, and other energy-related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.

      7.   All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina Electrical Code.

      8.   All construction, alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances made or installed to any building or structure, other than one and two-family dwellings and townhouses, shall conform to the provisions of the North Carolina Accessibility Code.

      9.   The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.

      10.   All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the National Manufactured Housing Construction and Safety Standards Act and the State of North Carolina procedural and reference codes for mobile homes, modular dwelling units, and other factory building structures, and all regulations adopted pursuant thereto.

      11.   All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family dwelling and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.

      12.   The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.

      13.   All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform.to applicable provisions of the North Carolina Building Code Volume IX - Existing Buildings or other applicable technical codes.

   F.   Municipal Code and Municipal Charter.

      1.   Whenever any provision of the UDO conflict with any other provisions of the Marion city code, the stricter provision, as determined by the city attorney, shall govern.

      2.   If any provisions of the UDO conflict with the municipal charter, the charter shall govern.

   G.   Emergency Powers. The City Council may authorize any deviation from the UDO during a local emergency. Local emergencies shall be declared by resolution of the City Council. Any deviations from the UDO during such emergency shall be authorized by resolution of the City Council without a requirement for notice or public hearing, and shall be temporary and of set duration.

   H.   Public Agencies. To the extent allowed by law, the UDO shall apply to all land, buildings, structures, and uses owned and/or controlled by any municipal, county, state, or federal government agency in the City of Marion. Where the provisions of the UDO do not legally control such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of the UDO.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Purpose. The general purpose of the UDO is to preserve, protect, and promote the public health, safety, and general welfare and to implement the goals, policies, and programs adopted by the City of Marion, including those set forth in the City of Marion Comprehensive Plan and all technical documents adopted by reference as set forth in this chapter.

   B.   Intent. The UDO is specifically intended to achieve the following objectives:

      1.   Promoting orderly, efficient, and integrated development within the city;

      2.   Providing for a variety of housing and neighborhood types and densities at a range of housing costs, including affordable workforce housing;

      3.   Providing and protecting land, air, water, environmental, and cultural resources;

      4.   Regulating the development and use of land based upon the impact of such development or use on surrounding areas or the city;

      5.   Providing minimum standards for the design and improvement of land, subdivision, and development to ensure that each building site is capable of accommodating a structure devoted to the intended use of the land;

      6.   Guarding against loss from natural hazards such as flooding, landslides, fires, and unstable soils;

      7.   Ensuring equitable processing of development proposals by providing uniform procedures and standards;

      8.   Facilitating the adequate provision of multi-modes of transportation, water, sewage, parks, and other public requirements;

      9.   Supporting appropriately located commercial and industrial activity to sustain a healthy local economy; and

      10.   Encouraging development patterns that support greater health benefits.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The provisions of this chapter, technical codes and of the regulatory codes adopted herein shall apply to the following:

   A.   The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use, and occupancy of every building or structure or any appurtenances connected, attached, or used in connection with any such building or structure;

   B.   The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of building sewers, building drains, waste and vent systems, hot and cold-water supply systems, and all fixtures and appurtenances;

   C.   The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel burning equipment, and appurtenances; and

   D.   The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A. Comprehensive plan. The City of Marion Comprehensive Plan shall serve as the basic policy guide for the administration of the UDO. The City Council shall adopt and reasonably maintain the Comprehensive Plan in accordance with N.C.G.S. § 160D-5-1. The goals, policies, and strategic actions of the Comprehensive Land Use Plan may be amended from time to time to meet changing requirements of the City in accordance with the standards and procedures in Sec. 3-6.1. The map designating areas of future land use activity shall be titled the "Future Land Use Map (FLUM) of the City of Marion".

   Except as provided for in N.C.G.S. 160D-913, the UDO shall apply to all development and use of land and structures located within the corporate boundaries of the City of Marion, North Carolina, and extraterritorial jurisdiction, as denoted on the official boundary map maintained in the office of the City Clerk, and as may be amended from time to time, as provided by law. This map and its boundaries are incorporated into and made part of the UDO.

   B.   Technical documents. The City Council may adopt guidelines, handbooks, manuals, or other technical documents referenced in the UDO that provide technical guidance, standards, and specifications for typical development improvements. All development shall comply with the standards contained therein or with City approved alternatives prior to issuance of certificate of compliance, certificate of occupancy or release of performance or warranty bonds. The City may amend these technical documents as required to maintain them in conformance with industry best practices.

   C.   Building code regulations.

      1.   All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code, or the North Carolina Residential Code, whichever is applicable, or both if applicable. Where the provisions of this Chapter conflict with any of the technical codes listed above, the more restrictive provisions shall apply.

      2.   Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.

      3.   All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel-burning equipment, incinerators, and other energy-related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.

      4.   All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina Electrical Code.

      5.   All construction, alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances made or installed to any building or structure, other than one and two-family dwellings and townhouses, shall conform to the provisions of the North Carolina Accessibility Code.

      6.   The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.

      7.   All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the National Manufactured Housing Construction and Safety Standards Act and the State of North Carolina procedural and reference codes for mobile homes, modular dwelling units, and other factory building structures, and all regulations adopted pursuant thereto.

      8.   All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family dwelling and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.

      9.   The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.

      10.   All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform to applicable provisions of the North Carolina Building Code Volume IX - Existing Buildings or other applicable technical codes.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   An official copy of each regulatory code, technical code, plan, map, or manual adopted in this chapter, and official copies of all amendments, shall be kept on file with the City Clerk. Such copies shall be the official copies.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   The location and boundaries of zoning districts established by this UDO are shown and maintained as part of the city's geographic information system (GIS) under the direction of the Planning and Development Director. The "Zoning" layer constitutes the City of Marion's official zoning map, and is as incorporated as part of the UDO. All notations, references, and other information shown shall have the same force and effect as if fully set forth or described in the UDO.

      1.   The planning and development director must direct revisions to the official zoning map to reflect its amendment as soon as possible after the effective date of a zoning map amendment.

   B.   No unauthorized person may alter or modify the official zoning map.

   C.   The planning and development director may authorize printed copies of the official zoning map to be produced, and must maintain digital or printed copies of suspended versions of the official zoning map for historical reference and for public inspection pursuant to G.S. 160D-105.

   D.   Development regulations adopted pursuant to the UDO may reference or incorporate by reference flood insurance rate maps, watershed boundary maps, or other maps officially adopted or promulgated by State and federal agencies. For these maps a regulation text or zoning map may reference a specific officially adopted map or may incorporate by reference the most recent officially adopted version of such maps. When zoning district boundaries are based on these maps, the regulation may provide that the zoning district boundaries are automatically amended to remain consistent with changes in the officially promulgated State or federal maps, provided a copy of the currently effective version of any incorporated map shall be maintained for public inspection as provided in subsection (D) of this section.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Where the ordinance establishing a zoning boundary identifies the boundary as following a particular feature, or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it actually exists.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Where any uncertainty exists about a zoning boundary, the Planning Director is authorized to interpret the boundary's location using the following rules of interpretation:

      1.   A boundary shown on the zoning map as approximately following a lot line or parcel boundary is construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established.

      2.   A boundary shown on the zoning map as approximately following a river, stream, lake or other watercourse is construed as following the actual centerline of the watercourse.

      3.   A boundary shown on the zoning map as approximately following a street or alley is generally construed as following the right-of-way line of the street or alley.

      4.   A boundary shown on the zoning map as approximately following a railroad line is construed as following the centerline of the railroad.

      5.   A boundary shown on the zoning map as approximately following the boundary of a municipality or of its extraterritorial jurisdiction is construed as following that boundary.

      6.   A boundary shown on the zoning map as approximately parallel to, or as an apparent extension of, a feature described above is construed as being actually parallel to, or an extension of, the feature.

      7.   Past zoning maps may be consulted to aid in interpreting boundary lines.

      8.   Appeals of administrative interpretations of zoning boundaries may be taken to the Board of Adjustment in accordance with Sec. 3-7.5

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Interpretation by Zoning Administrator. The zoning administrator and/or an officer charged with enforcing the UDO is authorized to make interpretations concerning the provisions of the UDO.

   B.   Appeal. Appeals of official administrative interpretations of all other portions of this chapter may be appealed to the review authority in accordance with the appeal procedures of Sec. 3-7.5 .

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   No structure, land, or use thereof, shall hereafter be established, located, subdivided, extended, converted, altered, developed, or disturbed in any way without full compliance with the terms of the UDO and other applicable regulations.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The standards of the UDO are minimum requirements. The issuance of any permit, certificate or approval in accordance with the standards and requirements of the UDO shall not relieve the recipient of the responsibility for complying with all other applicable local, state, or federal requirements.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Conflict with state or federal regulations. If the provisions of the UDO are inconsistent with those of the state or federal government, the more restrictive provisions will control, to the extent permitted by law.

   B.   Conflicts with other city regulations. If the provisions of the UDO are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control, except that the provisions of an overlay district shall govern regardless of whether they are more restrictive or less restrictive than the conflicting provisions.

   C.   Conflict with private agreements and covenants. Where the provisions of the UDO impose a greater restriction than imposed by a private agreement, including but not limited to any easement, covenant, or deed restriction, the provisions of the UDO will control.

      1.   Where the provisions of a private agreement impose greater restriction than the UDO, the provisions of the private agreement may be enforced between private parties notwithstanding the provisions of the Code.

      2.   The existence of a private agreement shall not excuse any failure to comply with the UDO.

      3.   The City of Marion shall not be responsible for monitoring or enforcing private agreements.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Violations continue. Any violation of any previous ordinance of the City of Marion shall continue to be a violation under the UDO and shall be subject to the penalties and enforcement set forth at the time of the violation, unless the use, development, construction, or other development activity or land modification is consistent with the express terms of the UDO, except to the extent of collecting penalties for violations that occurred before the effective date of the UDO.

   The adoption of the UDO shall not affect or prevent any pending or future prosecution of, or action to abate, violations of the previous City of Marion Zoning Ordinance or other city land development ordinances that occurred prior to the effective date of the UDO.

   B.   Use, Building, Structures and Lot Rendered Conforming. A use, building, structure, or lot not lawfully existing at the time of the adoption of the UDO may be deemed lawful and conforming as the effective date of the UDO if it conforms to all of the requirements of the UDO.

   C.   Use, Building, Structure, and Lot Rendered Nonconforming. Any legal nonconformity under any previous ordinance of the City of Marion will also be a legal nonconformity under the UDO, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. A situation that did not constitute a lawful nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under the UDO merely by repeal of the previous ordinance.

   D.   Applications Submitted Before the Effective Date of the UDO. Any building, structure, subdivision of land, or other form of development for which a complete application was submitted to the city before the effective date of the UDO and pending approval on or after the effective date of the UDO may, at the applicant's option, be reviewed under the terms of the city's previous zoning, subdivision, or other applicable development regulations. If approved, such projects may be carried out in accordance with the development standards in effect at the time of application. Any re- application for an expired permit shall meet the standards in effect at the time of re-application.

   E.   Permits Issued Before the Effective Date of the UDO. Any building, structure, subdivision of land, or other form of development for which a permit was issued before the effective date of the UDO may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building, structure, or development does not fully comply with provisions of the UDO.

   If work on the building, structure, subdivision of land, or other form of development does not begin within time requirements established by prior ordinance or resolution or within any schedule included in the approval, the decision- making body may, upon receipt of a written request and payment of the required fee, grant a time extension for good cause shown.

   If the building, structure, subdivision of land, or other form of development is not commenced or completed within the time allowed under the original permit or any extension granted, then the building, structure, subdivision of land, or other form of development may be constructed, completed or occupied only in strict compliance with the requirements of the UDO.

   This section applies in addition to any established vested right a person may have, but in no case may a person add time acquired pursuant to this section to the time permitted by virtue of a vested right or vice versa.

   F.   Outstanding floodplain development permits. Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this UDO; provided, however, that when construction is not begun under such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Unless expressly provided otherwise, if any portion of the UDO or the application of the UDO is found to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining portions or applications of the UDO that can be given effect without the invalid portion or application.

   B.   If for any reason any specific condition or regulation of a conditional district zoning district is found to be invalid, it is the intention of this section that such invalidity shall not affect other provisions or applications of the conditional district zoning district ordinance. However, when any property owner or their tenants or agents challenge any specific condition or regulation of a conditional district zoning district ordinance, then the entire zoning district ordinance shall return to its prior zoning classification upon a finding of invalidity of any specific condition or regulation.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

ARTICLE II.

NONCONFORMITIES

   The regulations of this article govern lots, uses, buildings and structures, signs and other aspects of development that came into existence lawfully but do not conform to one or more requirements of the UDO. These are referred to as "nonconformities," which should not be confused with "illegal" uses or structures.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The regulations of this article are intended to:

   A.   Recognize the interests of property owners in continuing to use their property for lawful purposes;

   B.   Promote reuse and rehabilitation of existing buildings;

   C.   Place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole; and

   D.   Nothing herein shall preclude the adoption of an amortization period in which certain nonconforming uses or conditions are to be phased out.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   If the planning and development director cannot determine a property's nonconforming status, then the burden of proving that a lawfully established nonconformity exists, as opposed to an illegal one, rests with the landowner.

   B.   Where a copy of the approved plan for a project cannot be located, the landowner may provide reasonable evidence of the existing improvements. Such evidence may be offered by any reasonable means including but not limited to an affidavit signed by the owner or other party. After submission of evidence of the existing improvements, the planning and development director shall reasonably determine their status using the ordinances in effect at the time of the installation of the improvements.

   C.   Any building, lot, use, or structure deemed a nonconformity by state or federal law shall be removed immediately upon the effective date of such law, or at such time as designated by such law.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The value of property shall be presumed to be the property's tax value unless rebutted by competent evidence presented by the owner to the planning and development director. Competent evidence shall include a certified appraisal or comparable sales and purchase prices within 3 years of the damage.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Incidental repairs and normal maintenance of nonconformities are permitted unless the repairs are otherwise expressly prohibited by the UDO. For the purpose of this provision, repair or replacement of non-load bearing walls, fixtures, electrical or plumbing are considered incidental repairs if the total value of the repairs in any 12-month period does not exceed 50% of the tax value of the structure.

   B.   Nothing in this article is to be construed to prevent structures from being structurally strengthened or restored to a safe condition, in accordance with an official order of the chief building official or other duly authorized city official.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Nonconforming status "runs with the land" and is not affected by changes of tenancy, ownership, or management.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Nonconforming Lots Resulting from Public Acquisition. Lots of record that are rendered nonconforming or more nonconforming as a result of acquisition of a portion of the lot for public purposes by any public agency have the status of nonconforming lots of record.

   B.   Use of Nonconforming Lots. Nonconforming lots of record may be used in accordance with the UDO where the landowner does not own sufficient contiguous land to enable conformity to the minimum lot size requirements of the UDO, such lot may be used as a building site provided that:

      1.   Where the lot area and lot width are no more than twenty-five (25) percent below the minimum specified in the UDO, and other dimensional requirements are otherwise complied with, the planning and development director, or their designee, is authorized to issue a building permit; or

      2.   Where the lot area and lot width are more than twenty-five (25) percent below the minimum specified in the UDO, or other dimensional requirements cannot be met, the board of adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Continuation. A nonconforming use may continue, subject to the regulations of the UDO.

   B.   Expansion or Alteration of a Nonconforming Use.

      1.   The planning and development director may approve a minor modification allowing alteration of a nonconforming use that does not increase the degree of nonconformity, or have a greater adverse impact on the surrounding area. To make a determination, the planning and development director must consider all of the following criteria:

         a.   Parking requirements of each use;

         b.   Anticipated number of persons on the premises of each use at a time of peak demand;

         c.   Off-site impacts of each use, such as lighting, noise, glare, dust, odor, vibration, or smoke; and

      2.   A nonconforming use may not be relocated, in whole or in part, to another portion of the subject lot or parcel.

      3.   A nonconforming use may not be expanded, enlarged, or extended to occupy a greater area of land or floor area.

      4.   Expansion or alteration decisions may be appealed to the board of adjustment in accordance with Sec. 3-7.5.

   C.   Damage or Destruction. A nonconforming use that is damaged by fire, neglect, or natural causes may retain nonconforming status if the damage to the structure does not exceed 50% of its pre-damage tax value, according to bona fide repair estimates provided by the owner of property.

   D.   Change to a Conforming Use. The planning and development director may allow a nonconforming use to be changed to any use allowed in the subject zoning district provided compliance with all applicable UDO requirements is achieved. Administrative change of use decisions may be appealed to the board of adjustment in accordance with the procedures of Sec. 3-7.5 .

   E.   Change to Another Nonconforming Use. The board of adjustment may allow a nonconforming use to be changed to another nonconforming use that is in the same use category, pursuant to Sec. 4-3.2 or to another functionally similar use or less intensive use, if the board of adjustment determines that the proposed use will have no greater adverse impacts on the surrounding area. To make a determination, the board of adjustment must consider specific land use criteria in Sec. 4-3.4 for the proposed use, if applicable.

   F.   New Signs with Nonconforming Use.

      1.   The planning and development director may approve a minor modification allowing the replacement of a sign for a nonconforming use, provided the replacement of the sign is no larger or taller and does not use more intensive illumination or a different type of illumination than the sign being replaced. This approval must be conditioned upon removal of any existing nonconforming signs on the site.

      2.   An application for a new sign or a sign larger or taller than the sign being replaced shall require approval of a special use permit by the board of adjustment in accordance with Sec. 3-7.1.

   G.   Loss of Nonconforming Use Status.

      1.   A nonconforming use that ceases operations for any reason for a continuous period of more than one year may not be reestablished. Any subsequent use of such land must be a use permitted in the district.

      2.   The resumption of a nonconforming use is not permitted if the nonconforming use is replaced by an allowed use for any period of time.

   H.   Accessory Uses and Structures. A use that is accessory to a principal nonconforming use may not be continued after the principal use has been abandoned, unless the use is also an accessory use to other principal uses allowed in the general zoning district.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Nonconforming structures may remain, subject to the standards of this section.

   A.   Alterations.

      1.   The planning and development director may approve a minor modification allowing alterations to a nonconforming structure that does not increase the degree of nonconformity.

      2.   Any enlargement of a nonconforming structure must conform to the dimensional requirements of the zoning district unless the board of adjustment grants a variance in accordance with the variance procedures set forth in Sec. 3-7.2.

      3.   Any relocation of a nonconforming structure must comply with the dimensional requirements of the subject zoning district.

      4.   Any applicant proposing alterations to a nonconforming structure located within locally designated historic district or historic landmark located within the city of Marion must obtain a certificate of appropriateness pursuant to Sec. 8-3.9 from the historic preservation commission, as appropriate, prior to action by the planning and development director or board of adjustment as established in paragraph 1) or paragraph 2) above, as applicable.

      5.   Proposed alterations to nonconforming structures located within a National Register District or individually designated site must meet the Secretary of the Interior Standards for Rehabilitation as determined by the historic preservation commission, prior to action by the planning and development director or board of adjustment as established in paragraph 1) or paragraph 2) above, as applicable.

   B.   Damage or Destruction. A nonconforming structure, except as provided for in Sec. 1-2.10, that has been damaged by accidental causes beyond the control of the owner may be reconstructed if the damage to the structure is less than 50% of its pre-damage tax value or 75% of pre-damage tax value for any locally designated landmark or contributing structure in a national register historic district, provided that provisions are met:

      1.   It is constructed in the same location and up to the same dimensions as originally existed or it complies with dimensional requirements in effect at the time of replacement; and

      2.   A permit for reconstruction is obtained within two (2) years of the date of damage.

   C.   Nonconforming Manufactured Homes. A nonconforming manufactured home may remain, subject to the standards of this section.

   D.   Manufactured Home Constructed on or After June 15, 1976.

      1.   Provided that no new dimensional nonconformities are created;

      2.   The manufactured home replacement conforms with specific standards for a manufactured home in Sec. 4-3.4.

      3.   The manufactured home is replaced within three hundred sixty-five (365) days of the last day of occupancy of the original manufactured home.

   E.   Manufactured Home Constructed Before June 15, 1976.

      1.   Any manufactured home not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act that has been vacant for three hundred sixty-five (365) consecutive days; where active water, sewer, and power utilities have not been maintained at the home during that time, and is deemed by the City to be a public nuisance in accordance with Marion City Code, Chapter 9 Health and Sanitation and/or unfit for human habitation in accordance with Chapter 7 of the UDO shall not be reoccupied, and the property owner shall be required to remove the home within ninety (90) days of notice from the city of Marion.

      2.   A request for extension to the Housing Appeals Board pursuant to Sec. 3-7.5 is made in writing by the landowner providing a plan and date of removal or repair of the structure.

      3.   Failure to remove the manufactured home shall be deemed a violation of the Marion City Code and subject to civil action.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Policy. It is the policy of the City of Marion to encourage that all signs within the city be brought into compliance with the requirements of Chapter 6, Article II of the UDO.

   B.   Applicability. Unless otherwise expressly stated, the nonconforming sign regulations of this section apply to all signs, including outdoor advertising signs.

   C.   Continuation of Nonconforming Signs. A nonconforming sign may remain in place and be maintained indefinitely, except as provided for in Sec. 1-2.11 as a legal nonconforming sign subject to compliance with the following:

      1.   Normal maintenance of the nonconforming sign is allowed including changing of copy, nonstructural repairs such as repainting or electrical repairs, and incidental alterations that do not increase the degree or extent of the nonconformity.

      2.   Nonconforming signs and sign structures may not be structurally altered, enlarged or extended, or have additional lighting added.

      3.   Nonconforming signs and sign structures may not be relocated.

      4.   A nonconforming sign that has been damaged by any cause may be repaired if the cost of the repair does not exceed 50% of the original value or replacement value, whichever is greater.

      5.   If a nonconforming sign has been designated as a landmark sign by the historic preservation commission, the sign shall be considered a conforming sign.

   D.   Loss of Nonconforming Sign Status and Removal.

      1.   Discontinuance.

         a.   A nonconforming sign that is removed may only be replaced with a conforming sign.

         b.   A nonconforming sign shall lose nonconforming status and must be removed or brought into compliance if the business activity on the premises is discontinued for a continuous period of 365 days or more. This provision does not apply to outdoor advertising signs.

         c.   Sign removal shall include the entire sign and any or all supports and appurtenances.

   E.   Damage or Destruction. A nonconforming sign that has been damaged by any cause shall lose nonconforming status and must be removed or brought into compliance if the damage to the structure exceeds 50% of its original value or replacement value, whichever is less, except as provided for in Sec. 1-2.11.

   F.   Change of Conditions.

      1.   Except as outlined in subsection (2) below, all nonconforming signs, except outdoor advertising signs, which are subject to Sec. 1-2.11, must be brought into compliance or removed if any or all of the following occurs:

         a.   If the damage to the sign exceeds 50% of its original value or replacement value, whichever is less;

         b.   If the business or activity on the premises is discontinued for a continuous period of 365 days or more;

         c.   If additions, expansions, or alterations to the building or use occur that are greater than 50% of the original size or value of the building or use, whichever is greater;

         d.   If any change in the existing use of the property occurs; or

         e.   If an application for a sign permit is made to add new or additional signs to a property containing a nonconforming sign.

      2.   For lots which contain a nonconforming outdoor advertising sign, new attached signs in compliance with the standards of Chapter Six, Article Two of the UDO shall be permitted.

   G.   Prohibited Signs and Signs Allowed without Permits. A sign that is prohibited by the UDO and signs allowed without permits in accordance with Sec. 6-2.9 must be brought into compliance with the Chapter Six, Article Two Sign Regulations by December 31, 2021.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Damage or Destruction. Outdoor advertising signs must be brought into compliance or removed if the damage to the sign from any cause equals 50% or more of its replacement value according to bona fide repair and replacement cost estimates provided by the sign owner.

   B.   Replacement and Relocation Generally. Outdoor advertising signs may only be replaced with signs that comply with the standards set forth in Chapter Six, Article Two Sign Regulations.

(Ord. No. O-21-06-15-5, §1, 6-15-21)