The general zoning districts are hereby established, and intended to implement the City of Marion Comprehensive Plan. District titles are intended to convey general land use, maximum density, or development intensity, but the dimensional standards for each district determine the actual development regulations applicable to a specific site.

 

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The general use zoning districts contained in this chapter are intended to:

   A.   Provide appropriately located areas for development that are consistent with the city of Marion Comprehensive Plan and with standards of public health and safety established by the UDO;

   B.   Protect sensitive environmental and cultural resources;

   C.   Protect existing neighborhoods, residential property values, and community character;

   D.   Ensure adequate light, air, privacy, and open space for each residential dwelling, and protect residents from the harmful effects of excessive noise, traffic congestion, and other significant adverse environmental effects;

   E.   Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;

   F.   Ensure the provision of public services and facilities needed to accommodate planned population densities;

   G.   Provide sites for public, semi-public, and commercial land uses, such as schools, parks, and churches, that are needed to complement residential development or requiring a residential environment;

   H.   Provide appropriately located areas consistent with the Comprehensive Plan for a full range of office, commercial, and industrial uses needed to support economic development, and protect such uses from the adverse effects of incompatible uses;

   I.   Strengthen the city's economic base and provide employment opportunities for residents of the city and surrounding community; and

   J.   Minimize any negative impact of commercial and industrial development on abutting residential districts.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Land within the city of Marion and its extraterritorial jurisdiction may be classified into one (1) or more of the following:

   A.   A general use district set forth in Sec. 4-1.1; and

   B.   One (1) or more of the overlay districts set forth in Sec. 4-1.7.

   Where the property is classified in an overlay district as well as a general use district, then the regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying district. In the event of an express conflict between the standards set forth in the general district and the standards set forth in an overlay district, the standards set forth in the overlay shall control. In the event of an express conflict between the standards set forth in an overlay and the provisions set forth in a particular zoning district, then the more restrictive provision of either shall control.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   R-1 single-family residential district. The R-1 single-family residential zoning district implements the "Rural Residential" and "Urban Estate" policies of the 2012 City of Marion Comprehensive Land Use Plan. The R-1 district is established as a district in which the principal use of land is for low-density, single-family residential purposes. Characteristics of these areas include:

      1.   Large lot subdivision single-family subdivisions,

      2.   Conservation subdivisions,

      3.   Larger homes and lots, and

      4.   Auto-dependent.

   B.   R-2 neighborhood residential district. The R-2 neighborhood residential zoning district implements the "Suburban Residential", "Urban Residential", and "Historic Neighborhood" policies of the 2012 Comprehensive Land Use Plan. The R-2 district is established as a district in which the principal use of land is for medium-density, single-family residential purposes, and under special conditions allows nonresidential land-uses that by size, operation, and location accessibility provide direct access to goods and services that benefit residents living within the same district. Characteristics of these areas include:

      1.   Small, urban lot, and single-family subdivisions,

      2.   Conservation, cottage, townhome and patio home subdivisions,

      3.   Larger homes on smaller lots, and

      4.   Increased transportation options (pedestrian, and bicycle), and

      5.   Increased access to non-residential goods, services, cultural and civic areas.

   C.   R-3 mixed-use residential district. The R-3 mixed use residential zoning district implements the "Mixed- Use Neighborhood" policies of the 2012 Comprehensive Land Use Plan. The R-3 district is established to provide opportunities and flexibility in size, number and design of residential land uses that can provide affordable and workforce housing options for residents of the city, and allow for the emerging growth of non-residential uses that serve residents living within the city. This district is intended to serve as a transitional district that serves as a buffer between single- family residential districts and commercial districts to lessen the impact between residential and commercial land uses. Characteristics of these areas include:

      1.   Small, urban lots, and single-family subdivisions,

      2.   Conservation, cottage, townhome and patio home subdivisions,

      3.   Larger homes on smaller lots,

      4.   Increased access to pedestrian and bicycle transportation facilities, and

      5.   Close access to goods, services, employment, cultural and civic areas.

   D.   R-4 multi-family residential district. The R-4 multi-family residential zoning district implements the "High-Density Residential" policies of the 2012 Comprehensive Land Use Plan. The R-4 district is established to provide high density residential land use opportunities that require larger acreages for multi-family attached housing developments and other residential housing development that may include ancillary land uses for assisted or group living accommodations. Such districts should be located in close proximity to non-residential districts to provide convenient access to goods and services, as well as access to employment, education, civic, cultural, and recreational opportunities. This district is intended to serve as a transitional district that serves as a buffer between lower density residential districts and commercial districts to lessen the impact between residential and commercial land uses. Characteristics of these areas include:

      1.   Large acreage lots for multi-family attached housing,

      2.   Conservation, cottage, townhome and patio home subdivisions,

      3.   Increased access to pedestrian and bicycle transportation facilities, and

      4.   Close access to commercial goods, services, employment, cultural, and civic areas.

   E.   B-1 neighborhood business district. The B-1 neighborhood business zoning district implements the "Mixed-Use Neighborhood" policies of the 2012 Comprehensive Land Use Plan. The B-1 district is established to provide commercial and other non-residential land use opportunities that are not auto-dependent and provide access to goods and services that support daily residential needs. The B-1 district is a commercial district that serves the public located in residential districts within walking distance, and is intended to serve as a transitional district to lessen the impact between residential districts and auto-dependent commercial districts. Characteristics of these areas include:

      1.   Smaller lots located along minor thoroughfares that border or bisect larger residential districts, and at intersections of two or more thoroughfares.

      2.   Commercial and non-residential land uses that serve the needs of the surrounding residential neighborhoods by providing goods and services that support residential day-to-day needs, generally classed by merchants as convenience goods and services.

      3.   Commercial land uses located in a building or structure no greater than two thousand (2,000) square feet except for any purpose other than residential.

   F.   C-1 central business district. The C-1 central business zoning district implements the "Historic Downtown" policies of the 2012 Comprehensive Land Use Plan. The C-1 district is established to preserve and enhance downtown as the economic, civic, and social center of the community. In recognition of Marion's National Main Street status, two National Historic Districts, and number of buildings listed on the National Register of Historic Places, the district establishes guidelines for new development and redevelopment in a predictable building pattern that is consistent with the district's historic character. Characteristics of these areas include:

      1.   Mixed-use land uses including goods and services at street level with office and residential on upper floors, along with government and cultural single use buildings.

      2.   Grid style development pattern with two and three story circa 19th century buildings.

      3.   Multi-modal access with on-street parking and public parking located behind or adjacent to businesses on each block.

   G.   C-2 general business district. The C-2 general business zoning district implements the "Community Commercial" and "Regional Commercial" policies of the 2012 Comprehensive Land Use Plan. The C-2 district is established to provide for commercial activity along major thoroughfares that attract both local and regional consumers of goods and services. Locations along Sugar Hill Road and the North Main Street (Five-Lane) are designated C-2. Large commercial development requires efficient traffic pattern design to preserve vehicular carrying capacity on local streets. Strip commercial development is discouraged to prevent corridors of underutilized and vacant properties.

Commercial development with multiple commercial land uses or buildings shall establish onsite traffic management systems to improve access and public safety both onsite and from the public right-of-way. Characteristics of these areas include:

      1.   One acre and larger lots with one or more commercial buildings greater than 2,000 square feet

in size.

      2.   Land use is predominately goods and services oriented serving a regional population.

      3.   Auto-dependent access with growing connectivity to pedestrian and bicycle facilities to provide access to goods, services, and employment.

   H.   M-1 industrial district. The M-1 industrial zoning district implements the "Industrial" and "Regional Commercial" policies of the 2012 Comprehensive Land Use Plan. The M-1 district is established to provide areas for the development of land uses devoted to the assembly, manufacturing, processing, servicing, warehousing, wholesale, and similar activities. These areas are located to provide immediate access to major transportation corridors, minimize environmental impact, and minimize impact on adjacent property. Such areas Characteristics of these areas include:

      1.   Large acreage tracts and with large buildings.

      2.   Potential for generating significant amount of byproduct that requires special licensing and monitoring.

      3.   Requires adequate and immediate access to major transportation corridors and large utility capacity.

      4.   Bicycle and pedestrian connectivity to densely populated residential areas can provide multi- modal transportation options to access employment.

   I.   O-1 office and institutional district. The O-1 office and institutional zoning district implements the "Community Commercial" and "Regional Commercial" policies of the 2012 Comprehensive Land Use Plan. The O-1 district is established to provide areas for employment and community service activities. Some facilities may also include a residential land use component. Large office and institutional land uses require efficient onsite traffic pattern design to preserve vehicular carrying capacity on local streets, and proximity to major and minor thoroughfares that support higher traffic volumes. Characteristics of these areas include:

      1.   Large acreage tracts and with large buildings in a multi-building campus configuration.

      2.   Land uses health and medical, education, government, corporate business, and similar uses.

      3.   Requires adequate and immediate access to major and minor thoroughfares that can accommodate higher volumes of traffic.

      4.   Bicycle and pedestrian connectivity to densely populated residential areas can provide multi- modal options to access services and employment.

   J.   PR parks and recreation zoning district. The P-R parks and recreation zoning district implements the policies and objectives of the Parks and Recreation section of the 2012 Comprehensive Land Use Plan and the 2016 Parks and Recreation Master Plan. The intent of the PR district is to provide areas for recreational facilities and services and help to connect all other land uses together to support community-wide health and wellness initiatives. Characteristics of these areas include:

      1.   Land uses that provide for both passive and active recreational activity.

      2.   Designation that preserves environmentally sensitive lands vital to public health and safety.

      3.   Land areas can vary from less than a half-acre in size to very large tracts of land, and can include linear corridors such as greenways, trails, and other paths that offer bicycle and pedestrian access to parks, recreation, and open space.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Overlay districts are applied in combination with existing general zoning districts and contain standards applicable to certain areas in addition to the general zoning district standards in order to help development fit better with the site, surrounding properties, and conditions of the area. Where specified, overlay district standards modify general district standards.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The overlay districts are hereby established.

 

 

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The downtown overlay (DO) district is established to provide development and design standards for the entire downtown and Main Street corridor, which are in addition to underlying general use districts. Within the downtown overlay (DO) district there exist multiple general use districts. Each parcel retains the same requirements for its designated general use district in addition to the standards set forth in this section. Where noted, the uses and standards of the DO supersede those uses and standards of the underlying districts.

   A.   Purpose. The purpose for the downtown overlay (DO) is to enhance the aesthetic, functional and economic qualities of and emphasize the importance of the significant historic downtown area and to enhance and protect its significant characteristics despite their varying general-use zoning districts in:

      1.   Defining and protecting the historic downtown architectural, environmental and visual character;

      2.   Providing for the safe and efficient movement of vehicles and pedestrians; and

      3.   Contributing to the physical, social and economic well-being of downtown Marion.

   B.   Design standards.

      1.   Façades.

         a.   With the exception of existing single-family residential structures, no structure, addition, or façade improvement shall have metal or wood siding. The façade shall consist of brick (full thickness or thin-set), stone, stucco, cast or natural stone, or other traditional masonry materials.

         b.   Architectural trim on buildings located in the primary district shall be constructed of approved noncombustible materials or fire-retardant treated wood.

      2.   Awnings.

         a.   Awnings should have a clearing of at least nine (9) feet above ground level and may project over the sidewalk if properly anchored.

         b.   Awnings should fit the store front opening and emphasize building proportions.

         c.   Awnings should not obscure or damage important architectural building details.

         d.   Awnings should align with others on the block.

         e.   Awning should be mounted to align with the top edge of transom or fit framing between clerestory and display window.

         f.   Awnings should coordinate with the color scheme of entire building and surrounding structures.

         g.   Awnings shall be constructed of a fixed support frame, and have a flame-retardant textile fabric cover in accordance with the North Carolina Building Code.

         h.   Awnings create a visual interest to the building, provide shade and shelter and add variety to the streetscape.

         i.   Awnings shall be positioned to emphasize special shapes or details of the façade, draw attention to an entry, or emphasize a display window.

         j.   Awnings not meeting the design standards of this section shall first be approved by the Planning and Development Director and the Marion Business Association Façade Committee.

      3.   Windows. Boarding or bricking of windows is prohibited.

      4.   Decks and stairs. Wood decks less than 600 square feet and stairs accessing street level service entries are permitted, provided the structure is constructed of two (2)-inch nominal wood, pressure treated for exterior use and access. Wood decks and stairs are only permitted on the rear and side of the building, and in no case shall be affixed to the primary facing façade.

(Ord. No. O-22-03-15-3, § 3, 3-15-22)

   The district standards in the UDO establish lot sizes and certain restrictions for all residential and nonresidential development. These standards allow for variety in housing and building types while striving to maintain and enhance the overall character of neighborhoods and commercial areas within the city of Marion. Standards established in this chapter are based on recommendations made in Marion's 2012 Comprehensive Land Use Plan, and are specific to both the type of land use and the zoning district in which it is established. Separate standards are established to regulate residential and nonresidential development in each district. This approach to district development standards implements the Comprehensive Plan and has several public benefits:

   A.   It allows for development that is more sensitive to the environment and allows for the preservation of open and natural areas.

   B.   It promotes quality site layout and energy-efficient development.

   C.   It promotes affordable and life-cycle housing.

   D.   It promotes development intensities that match existing and proposed infrastructure investments.

   E.   It promotes infill development that is consistent in character and scale with established neighborhoods.

   F.   It promotes compact land development that supports alternative transportation, such as bicycling, walking, and public transit.

   G.   It promotes market-based development decisions while protecting shared public interests.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Maximum residential density.

      1.   All residential density and non-residential intensity shall meet the standards as set forth below.

      2.   The North Carolina Department of Health is authorized to require a larger minimum lot size when public water or wastewater service is not available or utilized.

      3.   No individual accessory structure shall exceed two thousand (2,000) square feet within the R-1 or R-2 single-family residential lot. All accessory structures shall meet the primary structure setback unless otherwise indicated in this chapter.

      4.   No building shall exceed fifty (50) feet in height unless written approval is provided by the city of Marion fire chief in order to determine the following:

         a.   If the height of the structure exceeds the fire-fighting capacity of the fire department; and

         b.   To determine if the structure meets fire safety standards per the North Carolina Building Code.

   B.   Street thoroughfare density bonus. An increase in the maximum residential density may be granted for exceptional residential projects that abut a major or minor street thoroughfare in an effort to encourage infill development while preserving traditional single-family neighborhoods.

   An increase of 20% maximum residential density is permitted in all residential zoning districts with the exception of the R-1 Single-Family Residential District, if the following conditions are met:

      1.   The residential project is of exceptional design and quality that enhances the aesthetic appearance of the roadway corridor;

      2.   It is located along a major or minor street thoroughfare with a right-of-way greater than 50 feet in width;

      3.   The parcel maintains at least 80 feet of street frontage along the said street thoroughfare;

      4.   There are no more than two centralized driveways per public roadway frontage that are constructed in a manner that provides direct access to all dwelling units within the development.

   C.   Steep slope dimensional standards. Where the average natural slope is between fifteen percent (15%) and twenty-five percent (25%) dimensional requirements are as follows:

 

 

   D.   Flag lot.

      1.   In exceptional cases City Council may approve flag lots where it is impractical to serve an isolated lot by a public street.

      2.   The street frontage of a flag lot shall have a minimum width of twenty-five (25) feet providing an access strip between two (2) regular lots to the isolated parcel.

      3.   The area of such strip shall be excluded in computing the lot area and width, and the length of such strip shall not exceed three hundred (300) feet.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   R-1 Single Family Residential District. R-1 single family residential dimensional standards. All residential development in R-1 shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed with a single-family residence provided all other provisions of the city code are met.

 

   B.   R-2 neighborhood residential dimensional standards. All residential development in R-2 shall meet the standards in the tables below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed with a single-family residence provided all other provisions of the city code are met.

 

   In addition to the standards above, any property located within the R-2 Neighborhood Residential District and identified as being located in a Mill Village Overlay as defined in the 2012 Comprehensive Land Use Plan may have reduced dimensional standards as identified in the table below.

 

 

   C.   R-3 mixed-use residential dimensional standards. All residential development in R-3 shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed with a single-family residence provided all other provisions of the city code are met.

 

   D.   R-4 multi-family residential dimensional standards. All residential development in R-4 shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed with a single-family residence provided all other provisions of the city code are met.

 

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   B-1 neighborhood business dimensional standards. All development in B-1 neighborhood business district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met.

 

   B.   C-1 central business dimensional standards. All development in C-1 central business district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met.

 

 

   C.   C-2 general business dimensional standards. All development in C-2 general business district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met. The total combined impervious ground area covered by principal structure and accessory structures shall not exceed fifty (50) percent of the total lot area.

 

 

   D.   M-1 industrial dimensional standards.

      1.   All development in M-1 industrial district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met.

 

 

      2.   If the industrial lot abuts a residential zoned lot the rear setback will be twenty-five (25) feet; otherwise there will be no setback requirements.

      3.   No building shall exceed fifty (50) feet in height unless written permission is first secured from the city fire chief in order to determine:

         a.   If the height of the structure exceeds the fire-fighting capacity of the fire department;

         b.   If the structure meets fire safety standards (including fire escapes, etc.); and

         c.   The depth of the front and total width of the side yards required are increased by five (5) for each additional story.

   E.   O-1 office and institutional dimensional standards. All development in O-1office and institutional district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met.

 

 

   F.   PR parks and recreation dimensional standards.

      1.   All development in PR parks and recreation district shall meet the standards in the table below, except that, any legally established lot of record created prior to the effective date of the UDO may be developed provided all other provisions of the city code are met.

 

      2.   No building shall exceed two thousand (2,000) square feet of gross floor space without special use approval by the board of adjustment.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The front yard setback requirements of this chapter for residential dwellings shall not apply on any lot where the average setback of existing buildings, located either wholly or in part within one hundred (100) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street, is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback but not less than the average of the setbacks of the aforementioned existing buildings.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Where a side or rear yard abuts a street, the setback requirement for said street yard shall be the same as the front yard setback requirements for abutting property on the side street. Where a side or rear yard abuts an alley, the setback requirement shall be the same as the side or rear yard setback requirement set forth in this Article and shall be measured from the edge of the alley right-of-way.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Every part of a required setback shall be open from its lowest point to the sky unobstructed, except as follows:

   A.   The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above shall project into a minimum side yard more than twenty-four (24) inches.

   B.   Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard not more than three and one-half (3) feet, and the ordinary projections of chimneys and flues may be permitted by the planning and development director where same are so placed as not to obstruct the light and ventilation.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Land use activity.

      1.   Permitted uses (P). A "P" indicates that a use is permitted by right in the respective zoning district, subject to compliance with all other applicable requirements within the City Code.

      2.   Accessory uses (A). The abbreviation "A" indicates that a use is permitted by right as an accessory use in the respective zoning district, provided that the use meets any additional requirements pursuant to 4-3.4 Specific Land Use Standards set forth below.

      3.   Limited use (L). An "L" indicates that a use is permitted by right, provided that the land use meets the additional requirements pursuant to 4-3.4 Specific Land Use Standards set forth below, and comply all other applicable requirements of this chapter.

      4.   Special use (S). An "S" indicates that a use is allowed only if reviewed and approved in accordance with the special use requirements of this chapter. Special use are subject to all other applicable requirements in this chapter, including 4-3.4 Specific Land Use Standards, except where expressly modified by the governing authority as part of a special approval defined in Chapter One, Article II.

      5.   Uses not allowed (blank cell). A blank cell (one that doesn't contain a "P", "A", "L" or "S") indicates that the listed land use is not allowed in the respective zoning district.

(Ord. No. O-23-07-18-4, § 5, 7-18-23)

 

(Ord. No. 22-01-18-3, § 3, 1-18-22; Ord. No. O-22-05-17-3, § 3, 5-17-22; Ord. No. O-23-07-18-4, § 6, 7-18-23)

   A.   Approach to Categorizing Land Uses.

      1.   The land use categories listed in Sec. 4-3.2 Land Use Table above, are set forth in this section. Land uses may also be more specifically defined in Sec. 10-1.1. Definitions or in other sections of the UDO. For the purpose of this section the more restrictive provisions within the UDO shall apply.

      2.   Any use not specifically set forth in the land use category in this section is expressly prohibited, unless the Planning Director, or his/her designee, determines that the use is similar to a permitted use in accordance with this section. Where such similar permitted use is subject to limited use standards or special use approval, the proposed use shall also be subject to such standards or approval.

      3.   Basis for classifications. Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.

      4.   Principal uses not specifically listed. Determination of the appropriate category for a proposed principal use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time-to-time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.

         a.   The description of the land use activity(ies) in relationship to the characteristics of each zoning district;

         b.   The relative amount of site or floor space and equipment devoted to the activity;

         c.   The relative amounts of sales from each activity;

         d.   The customer type for each activity;

         e.   The relative number of employees in each activity;

         f.   The hours and days of operation;

         g.   The building and site arrangement;

         h.   The number of vehicles used with the land use activity including but not limited to employee parking, consumer parking, number of vehicles used for the purpose of carrying out activity;

         i.   The relative number of vehicle trips generated by the activity;

         j.   How the use advertises itself;

         k.   Type and number of signs; and

         l.   Whether the activity would be likely to be found independent of the other activities on the site.

      5.   Developments with multiple primary uses. When all of the primary uses of a development fall within one land use category, then the development is assigned to that use category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the standards for that category.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

      1.   All outdoor activity areas are screened and/or are enclosed by six-foot high fence.

      2.   Facility has a primary entrance separate from any industrial or manufacturing land use activity located within the same building, and all accessible points of ingress or egress of the adult/child day care facility are equipped with security and safety features.

      3.   Located in a Traditional Redevelopment Overlay Area identified in the Comprehensive Land Use Plan, as may be amended, or where such land use is ancillary to and directly serves the employees of an approved use within the zoning district.

      1.   Open storage of junked or inoperable motor vehicles, auto parts or similar materials shall not be permitted. Tires may be temporarily stored for no longer than thirty (30) days in the side or rear yard and shall be neatly stacked at all times in an organized manner using the lacing techniques. Up to sixty (60) tires may be stored in the front yard provided the tires are also neatly stacked using the lacing technique. Tires in the front yard in excess of sixty (60) shall be enclosed in approved screening.

      2.   Junked or inoperable motor vehicles, auto parts or similar materials may be stored within an enclosed structure which visually conceals such objects or stored on a site that is the subject of an approved screening plan, as defined herein and approved by the planning and development director.

      3.   In order to maintain safety for pedestrian and vehicle traffic, vehicles associated with automobile repair shops, automobile sales, tire sales and services, towing and wrecking service businesses may not be parked, displayed, stored or repaired within four (4) feet of the curb or the edge of the road if no curb exists.

      4.   Junked or inoperable motor vehicles shall not be stored in the customer or employee parking spaces required per the off-street parking requirements set out in division (2).

      5.   All service, sales, storage or similar activities shall be conducted entirely on the premises.

      6.   All major repair work, if any, shall be conducted within a building capable of being completely closed.

      7.   Certain businesses claiming to be auto repair shops, automobile sales, tire sales and services or towing and wrecking service businesses that do not meet the definitions in chapter 10 of the UDO may be deemed gasoline service or filling stations and, therefore, subject to the regulations governing gasoline service or filling stations.

      8.   Certain businesses claiming to be automobile repair shops, automobile sales, tire sales and services, and towing and wrecking service businesses that do not meet the definitions in section 10-1.1 of the UDO may be deemed junk yards and, therefore, subject to the regulations governing junk yards.

      9.   The provisions contained in chapter 9, article III concerning abandoned, nuisance or junked motor vehicles continues to apply. Automobile repair shops and automobile sales businesses, tire sales and services and towing and wrecking service businesses must obtain a permit from the zoning office.

      10.   All automobile repair shops and automobile sales businesses, tire sales and services and towing and wrecking service businesses within the city limits of Marion not in compliance with this section within six (6) months after the adoption of the ordinance adopting or amending this section, shall be in violation.

      1.   An ATM terminal may be located within, as part of, or under an exterior canopy of a building occupied by a bank or other financial institution for which the occupant is responsible for the terminal's operation and maintenance;

      2.   As an accessory use and/or structure on a parcel of land with an existing principal commercial use so long as there is no more than one terminal located independently on the property; or where, with the exception of one independently-located terminal, all other terminals are "walk-up" pedestrian-oriented and located within or attached flush to a principal commercial building.

      3.   All ATM terminals independently located shall be constructed in a manner that provides users with a canopy for protection from adverse weather conditions.

      4.   All ATM terminals shall include a security camera.

      1.   All motor vehicles stored or kept in such yards shall be so kept that they will not catch and hold water in which mosquitoes may breed and so that they will not constitute a place or places in which rats, mice, or other vermin may be harbored, reared, or propagated.

      2.   Because of the tendency for salvage yards to promote the breeding of vermin, such operation shall be permitted no closer than two hundred (200) feet from any established residential zone.

      3.   All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence, screen, or wall, excepting driveway area, from eight (8) to twelve (12) feet in height. Storage between the road and street and such fence, screen, or wall is expressly prohibited. Any fence, screen, or wall for screening purposes shall be properly painted or otherwise maintained in good condition.

      4.   All such yards shall be so maintained as to be in sanitary condition and so as not to be a menace to the public health or safety.

      5.   The number of vehicular access driveways permitted on any single street frontage shall be limited to:

         a.   One driveway where the parcel to be used as a maximum road or street frontage of one hundred (100) feet or less.

         b.   Two (2) driveways where the road or street frontage exceeds one hundred (100) feet. Driveways used for ingress and egress shall be limited to twenty-five (25) feet in width.

      6.   For the purposes of this section, an inoperable or junked motor vehicle shall not be deemed to be viewed from a public roadway if it is stored on a site that is the subject of an approved screening plan, as defined herein and approved by the body issuing the permit, or within an enclosed structure which visually conceals the inoperable motor vehicles.

      7.   In order to maintain safety for pedestrian and vehicle traffic, vehicles associated with automobile repair shops, automobile sales, tire sales and services, towing and wrecking service businesses may not be parked, displayed, stored or repaired within four (4) feet of the curb or the edge of the road if no curb exists.

      8.   On-site traffic areas shall be provided and arranged in such a manner as to provide easily identifiable ingress and egress, adequate customer and employee parking, access for emergency vehicles, and adequate turnarounds such that backward movement onto the public roadways is avoided.

      9.   Inoperable motor vehicles shall not be stored in the customer or employee parking spaces required per the off-street parking requirements set out in chapter 6, article 1.

      10.   The provisions contained in chapter 6, article 1 concerning abandoned, nuisance or junked motor vehicles continue to apply.

      11.   Automobile graveyards, automobile wrecking, junkyards and salvage yards must obtain a permit from the zoning office.

      12.   Those junk yards or automobile graveyards lawfully existing at the time that subsection (6) through (12) of this subsection are adopted shall have five (5) years from the adoption of the ordinance to come into full compliance with the provisions of this subsection.

      1.   The business does not serve food or drink to the general public for pay.

      2.   The business serves only the breakfast meal, and that meal is served only to overnight guests.

      3.   The room rates include the price of the breakfast.

      4.   The business is the permanent residence of the owner or manager.

      5.   One (1) off-street parking space must be provided for each accommodation (rented bedroom) plus two (2) spaces for the owner/manager.

      1.   Property is located no less than five hundred (500) feet from any residential zoning district.

      2.   All activity is located on property no less than two (2) acres in size.

      3.   All kennels shall be contained within a fully enclosed building or designed in a manner that would prohibit outdoor access between dusk and dawn.

      4.   The setback requirement for any outdoor animal enclosure shall include the following:

         a.   The front yard setback shall be the same or greater than the principal building.

         b.   Side and rear yard setbacks shall have a minimum twenty (20) foot setback from the property line.

         c.   A solid twenty (20) foot wide landscape buffer yard utilizing a double row of evergreen trees no less than eight (8) feet in height at installation and no less than twenty (20) feet in height at maturity shall be installed and maintained in perpetuity between any outdoor enclosure and an adjacent property line, or no less than fifty (50) feet with a solid opaque fence.

      5.   All outdoor enclosures shall be screened by a solid or opaque fence a minimum of six (6) feet in height.

      6.   No outdoor animal enclosure shall be located any closer than one hundred fifty (150) feet from any structure occupied as a residential use existing at the time of approval.

      7.   The facility shall be maintained and operated in such a manner that all animal odors, noise, refuse and/or other onsite activities deemed as a public nuisance and/or hazard shall not be detectable beyond the property line in which the animal shelter or kennel is located.

      8.   A waste management plan that demonstrates compliance with applicable state and local regulations and which ensures sanitary handling of animal waste and prevents contamination or pollution of adjacent lands or water bodies shall be submitted to and approved by the administrator prior to establishment of such uses.

      9.   All animal waste shall not be stored within one hundred (100) feet or any property line.

      10.   Kennels shall at all times maintain a sanitary and humane environment pursuant to all applicable state and local regulations.

      11.   The facility operates in compliance with all other applicable city codes including but not limited to chapter 3 Animals as may be amended.

      12.   A sign clearly visible and located at the entrance of the building/facility shall be posted containing twenty-four (24) hour emergency contact information for the facility including no fewer than two (2) telephone numbers where the persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with regulations established for signs in chapter 6, article 2 of this UDO.

      13.   The approving authority may impose additional conditions upon the operation of any kennel, including but not limited to hours of operation, the size and scale of a kennel, or the number of animals to be housed within a kennel.

      14.   The city shall conduct an inspection as deemed necessary of a facility and shall report any violation to the approving authority. After reviewing the findings of the administrator and upon conclusion of the kennel operator's due process procedures as set forth in chapter one of the City Code, the approving authority may revoke permits for the operation of any kennel that has been found to be in violation of this section.

Allowed in the side or rear yard of the principal building but they shall not be allowed within one (1) foot of the side and rear property lines nor shall they be constructed so as to not drain onto adjoining property pursuant to Article X, Exceptions and Modifications.

   Permitted as an accessory use provided that such use is located on the same lot as a church and located a minimum of fifty (50) feet from adjacent residential property.

      1.   Such buildings shall be located in the rear yard and shall comply with all applicable setback requirements of article four of this chapter.

      2.   No accessory building on a corner lot shall extend beyond the front yard line required for abutting property on the side street.

      3.   No greenhouse heating plants shall be located within twenty-five (25) feet of any lot line.

      1.   No external evidence of such occupation except an announcement or professional sign not more than two (2) square feet in area.

      2.   No direct retail sales or permanent display on the premises.

      3.   No person not a resident on the premises is employed specifically in connection with the activity, except that not more than one (1) assistant may be employed in the following home occupations: lawyer, physician, optometrist, dentist, osteopath, private home shows, chiropractor, and insurance agent.

      4.   Provided further that no mechanical equipment is installed or used except such as is normally used for domestic or professional purposes.

      5.   Not over twenty-five (25) percent of the total floor space of any structure is used for home occupations.

      6.   No use defined as a special use in any zoning district shall be permitted as a customary incidental home occupation without prior approval by the board of adjustment.

      1.   Multifamily dwellings are created only within existing residential structure when use is defined as limited in the permitted use table in Sec. 4-3.2.

      2.   Adequate off-street parking shall be available as provided pursuant to the development standards in chapter six.

      3.   The owner of the multifamily dwelling must live on the premises.

      4.   There shall be no more than two (2) separate units created within any residential structure.

      5.   A zoning compliance certificate must be obtained from the planning and development director.

      1.   A family care home may be located no closer than one-half mile of an existing family care home.

      2.   In R-1 and R-2 Neighborhood Residential Districts, a family care home may have up to 6 resident persons.

      3.   In O-1 and R-3 districts, a family care home may have up to 9 resident persons.

      4.   A family care home is not permitted within a non-residential zoning district unless specifically noted in this section.

      Cannot be not located or operated within seven hundred (1000) feet of:

         a.   A church, synagogue, or regular place of worship;

         b.   A public or private elementary or secondary school;

         c.   A public library;

         d.   A park or playground with the exception of a greenway or other public trail;

         e.   A licensed child-care facility;

         f.   A licensed group-home facility; and

         g.   An entertainment business that is oriented primarily towards minors.

   Provided that petroleum derivatives in excess of five hundred (500) gallons are not stored aboveground.

   A group home or family care home with six or fewer occupants shall meet a distance separation of one-half mile from another existing group home in a residential district measured from the closest point of each lot property line in a straight line.

      1.   It is located five hundred (500) feet, measured form the closest point of the facility to the property line of a school or day care center, residential dwelling, place of worship, hospital or other health care facility offering overnight care.

      2.   Located in an enclosed building that absorbs and contains all sound from the discharge of a firearm through the use of sound deflection, absorbent baffles barriers, or other sound emission control devices.

      3.   Construction of interior and exterior walls, ceiling, and floor that is incapable of being penetrated or in any manner allow the ricochet or re-direction of a projectile that in doing so could inflict harm on a range user or member of the public.

      4.   Maintain filtration and disposal systems for the removal of lead and other heavy metals meeting OSHA.

      1.   Single-family or multifamily residential dwellings units in existing structures provided that all units are located on floor levels above or below the adjacent street level, or residential dwelling units located in the back forty (40) percent of the street level portion of the building when the front sixty (60) percent is commercial and provided that all live-work spaces are in compliance with the North Carolina Building Code.

      2.   There shall be no apparent evidence of residential living from within the commercial establishment, and the dwelling units shall have a separate ingress and egress.

      3.   In lieu of any other parking requirements of the UDO, the property owner shall provide each dwelling unit with one (1) off-street parking space. Such space may be located on property separate from the dwelling unit but shall be within a reasonable walking distance of such unit.

      1.   One (1) Class A manufactured home per residential lot in the R-2 Residential District; and one (1) Class A or Class B manufactured home per residential lot in the R-3 or R-4 Residential District subject to the following conditions:

         a.   Standards for manufactured home in the R-2 Zoning District.

            i.   The manufactured home shall have a minimum width of twenty-four (24) feet and a maximum length not to exceed four (4) times its width, and a minimum gross floor area of one thousand (1,000) square feet;

            ii.   The towing apparatus, wheels, axles, and transporting lights shall be removed after placement on the lot and before occupancy and shall not be included in the length and width measurements of the manufactured home;

            iii.   The longest axis dimension of the manufactured home shall be oriented parallel with the front property line along a street. The placement of a manufactured home on a corner lot shall be determined by the Planning and development director based on the orientation of existing single-family dwellings located on either side of the street on both intersecting streets; and

            iv.   The exterior siding shall consist predominantly of vinyl, aluminum, wood, hardboard, or other non-reflective material comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.

         b.   The following standards shall be met for the installation of any manufactured home within the City of Marion.

            i.   It is the principal structure on the lot, and no other residential structure is located on the same lot;

            ii.   The applicant shall demonstrate to the satisfaction of the building inspector that the manufactured home was built after June 15, 1976 in accordance with the National Manufactured Housing Construction and Safety Standards Act. The applicant may provide evidence of the construction date of the home and compliance with the National Manufactured Housing Construction and Safety Standards Act using one (1) of the following methods:

               a)   A HUD seal mounted on the outside of the home; or

               b)   An original HUD data plate on the inside of the home; or

               c)   A third-party inspection report by a state licensed engineer or architect; or

               d)   A verification letter from either the manufacturer or the United States Department of Housing and Urban Development demonstrating the home's compliance with this subsection.

               e)   A Certificate of Title issued by an official State Department of Motor Vehicles (DMV) office that indicates the date of manufacture of the home.

      2.   The manufactured home complies with all other municipal building and zoning codes, and is set up in accordance with the standards established by the North Carolina Department of Insurance;

      3.   The manufactured home shall be placed on a permanent masonry foundation that meets or exceeds the standards of the North Carolina Residential Building Code and such foundation walls shall be un-pierced except for normal ventilation and access openings. Exposed common concrete block shall be covered by brick, stone, stucco, or other masonry or exterior veneer façade commonly used in standard residential construction;

      4.   The roof shall have a vertical rise of at least three (3) inches for each twelve (12) inches of horizontal run, shall be a Class 'C' as defined by the North Carolina Building Code or better material that is commonly used in conventional residential construction, and shall provide an eave projection of no less than six (6) inches, which may include a gutter;

      5.   All attachments, including but not limited to stairs, steps, porches, decks, and/or other additions to the manufactured home, shall meet or exceed the standards of the North Carolina Residential Building Code;

      6.   Structural additions that alter the original shape of the structure shall be architecturally compatible with the original building, and have exterior siding and roofing with the color, material and appearance similar and complementary in appearance to the predominant materials used in the original manufactured home construction or materials commonly used in conventional residential construction. Unfinished metal roofing and/or siding shall be prohibited;

      7.   The manufactured home shall not be permitted within three hundred (300) feet of any structure listed as a locally designated historic landmark or U.S. Department of Interior's National Register of Historic Places; or located within a locally designated historic district, U.S. Department of Interior's National Register Historic District, or in an area listed as a Traditional Neighborhood on the Comprehensive Land Use Plan's Future Land Use Map, as may be amended.

      1.   Class A and Class B manufactured homes are permitted within a manufactured home park. Class C manufactured homes, travel trailers, park models, and/or any other vehicle that does not meet the U.S. Housing and Urban Development (HUD) Department Standards for manufactured home construction and not already existing at the time of the effective date of the UDO are prohibited. Each manufactured home within a park shall be located in a designated manufactured home site;

      2.   The minimum area for a manufactured home park shall be two (2) acres;

      3.   The maximum density shall be eight (8) manufactured home sites per acre;

      4.   No less than five (5) manufactured home sites shall be delineated on an approved site plan and made available at first occupancy;

      5.   The minimum lot size for individual manufactured home site shall be forty (40) feet by eighty

(80) feet;

      6.   Each manufactured home including structural additions shall be spaced no less than ten (10) feet apart except where the NC Department of Insurance requires greater separation, the stricter provision shall apply;

      7.   All manufactured home sites shall abut upon a driveway of not less than twenty (20) feet in width. All driveways shall have unobstructed access to a public street or highway and shall be hard surfaced, or of properly compacted gravel, well-marked and lighted by the mobile home park owner;

      8.   There shall be a minimum of two (2) off-street parking spaces for each manufactured home site, which shall be on the same site as the manufactured home served;

      9.   A densely planted buffer yard consisting of evergreen trees shall be located along all sides of the manufactured home park, but shall not extend beyond the established setback line along any street. The buffer yard shall include evergreen species that reach no less than twelve (12) feet at mature height. Minimum plant size and installation shall conform to the landscape standards of this chapter. This planting requirement may be modified by the board where adequate buffering exists in the form of vegetation and/or terrain;

      10.   Each manufactured home shall be set up and in accordance with regulations for the installation of manufactured homes adopted and published by the North Carolina Department of Insurance;

      11.   Each manufactured home or manufactured home site shall have a county-issued 911 address plaque or other city approved permanent address plaque identifying the home's physical address prominently displayed and visible from the driveway;

      12.   The towing apparatus, wheels, axles, and transporting lights shall be removed after placement on the lot and prior to the issuance of a Certificate of Occupancy and shall not be included in the length and width measurements of the manufactured home;

      13.   The applicant shall demonstrate to the satisfaction of the building inspector that the manufactured home was built after June 15, 1976 in accordance with the National Manufactured Housing Construction and Safety Standards Act. The applicant may provide evidence of the construction date of the home and compliance with the National Manufactured Housing Construction and Safety Standards Act using one (1) of the following methods:

         a.   A HUD seal mounted on the outside of the home; or

         b.   An original HUD plaque on the inside electrical panel of the home; or

         c.   A third party inspection report by a state licensed engineer or architect; or

         d.   A verification letter from either the manufacturer or the United States Department of Housing and Urban Development demonstrating the home's compliance with this subsection.

         e.   A Certificate of Title issued by an official State Department of Motor Vehicles (DMV) office that indicates the date of manufacture of the home.

      14.   Each manufactured home shall have a continuous underpinning of either masonry materials or other products suitable for the purpose of underpinning and installed under the perimeter, un-pierced except for required ventilation and access prior to receiving a certificate of occupancy;

      15.   Exterior siding shall consist predominantly of vinyl, wood, hardboard, or other nonreflective material comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction including but not limited to manufactured home construction;

      16.   All attachments, including but not limited to stairs, steps, porches, decks, and/or other additions to the manufactured home, shall meet or exceed the standards of the North Carolina Residential Building Code;

      17.   Structural additions that alter the original shape of the structure shall be architecturally compatible with the original building, and have exterior siding and roofing with the color, material and appearance similar and complementary in appearance to the predominant materials used in the original manufactured home construction or materials commonly used in conventional residential construction. Unfinished metal roofing and/or siding shall be prohibited; and

      18.   The grounds of a manufactured home park shall be kept free of trash, liter, and debris. Grounds, buildings, and storage areas shall be properly maintained to prevent the infestation of rodents, vermin, and insects. It shall be the responsibility of the manufactured home park owner to maintain the park in accordance with these standards and all other applicable Marion City Code requirements at all times standards and Chapter 20, Article IV sewerage and waste discharge standards of the Marion City Code.

      1.   Multifamily dwellings are created only within existing residential structure.

      2.   Adequate off-street parking shall be available as provided in development standards for off- street parking in chapter six.

      3.   The owner of the multifamily dwelling must live on the premises.

      4.   There shall be no more than two (2) separate units created within any residential structure.

      5.   A zoning compliance certificate must be obtained from the planning and development director.

   The storage of materials, either raw materials, partly or completely finished products, scrap or waste, shall be prohibited unless such materials are completely screened from view from all adjoining streets, alleys or properties.

   Operated on a noncommercial or nonprofit basis for recreational purposes only.

   A satellite parking lot location is permitted provided that the required parking spaces are located within five hundred (500) feet of the building entrance of the principal structure or use and meeting the requirements of the UDO Chapter Six Development Standards, Article One Off-Street Parking Standards.

      1.   A development consisting of individual lots having a minimum of three thousand (3,000) square feet in area or larger which are designed for either detached or attached single-family housing.

      2.   Prior to development each individual lot must be approved and platted in accordance with the subdivision regulations in the UDO and described by metes and bounds. The plats(s) for home developments must show the location of all proposed buildings and party walls to be located on each lot, driveway, utility easements, and common areas. The plat(s) and metes and bounds description(s) must be recorded in the office of the Register of Deeds for McDowell County, North Carolina, following final plat approval.

      3.   The ground floor area of principal and accessory buildings shall not exceed seventy (70) percent of the total lot area.

      4.   One (1) driveway approach, no greater than sixteen (16) feet in width per residential unit may be permitted, provided it is no less than twenty (20) feet from the edge of an adjacent driveway approach; except that one (1) driveway approach, not exceeding thirty-two (32) feet in width, may serve two (2) residential units.

      5.   When four (4) or more principal buildings are proposed, a reduction to internal setbacks between principal buildings may be reduced to no less than eight (8) feet to each other. A minimum twenty-five (25)-foot front yard setback is required from any public right-of-way and a minimum rear and side yard setback of fifteen (15) feet is required.

      6.   All other setbacks shall meet the provisions of UDO Chapter 4, Article 2 Dimensional Standards.

      1.   Day care and overnight boarding of animals is prohibited.

      2.   An outdoor area provided for the temporary containment of an animal is permitted provided all areas are fully screened, fenced to prohibit escape, and setback a minimum of ten (10) feet from any property line adjacent to a residential use.

      3.   All areas shall be maintained in a clean and sanitary condition at all times, and all refuse shall be removed and disposed of on a daily basis to prevent noxious odor associated with the land use activity.

      4.   Site has direct access to and fronts a thoroughfare, and does not require vehicular access through or within a residential neighborhood.

      1.   The land in a PUD shall be under single ownership or management by the applicant before final approval and/or construction, or proper assurances (legal title or execution of a binding sale agreement) shall be provided that the development can be successfully completed by the applicant.

      2.   There are no density requirements for nonresidential uses as long as the proposed project does not violate the intent of the district in which it is located. The proposed residential density of the planned unit development shall conform to that permitted in the district in which the development is located as indicated in chapter 4, article 2, Dimensional Standards and Article X Exceptions and Modifications. If the planned unit development lies in more than one (1) district, the number of allowable dwelling units must be separately calculated for each portion of the planned unit development that is in a separate district, and must then be combined to determine the number of dwelling units allowable in the entire planned unit development.

      3.   Planned unit developments shall have access to a highway or road suitable for the scale and density of development being proposed.

      4.   Minimum requirements:

         a.   Required distance between buildings. The minimum distance between buildings shall be twenty (20) feet or as otherwise specified by the board to ensure adequate air, light, privacy, and space for emergency vehicles.

         b.   Every dwelling unit shall have access to a public or private street, walkway or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.

      5.   Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants and adjacent properties for screening of objectionable views or uses, and for reduction of noise. Multi-level buildings shall be located in such a way as to dissipate any adverse impact on adjoining low rise buildings and shall not invade the privacy of the occupants of such low-rise buildings.

      6.   Structures located on the perimeter of the development must be set back from property lines and right-of-way of abutting streets in accordance with the provisions of the zoning ordinance controlling the district within which the property is situated.

      7.   Plans and accompanying documentation to ensure that the water and sewer systems proposed for the planned unit development have been approved by the appropriate local and state agencies shall be submitted as part of the application.

      8.   Preliminary plans shall include parking provisions for all proposed uses within the planned unit development in accordance with chapter six, article one off-street parking standards. When more than one use is located in the planned unit development, the minimum required parking shall be the sum of the required parking for each use within the development.

      9.   Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.

      10.   Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise or other potentially adverse influences shall be such as to protect the character within the zoning district and desirable character in any adjoining district.

      11.   Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Chapter 47-A) and/or any other appropriate mechanisms acceptable to the board.

A private club proposed on a floor level above or below the adjacent street level shall be permitted by administrative staff. All other proposed locations, including but not limited to locations adjacent to street level, shall be reviewed and approved as a special use.

      1.   The land use is located on a collector street, minor or major thoroughfare, and not located on a local residential street, except if located on a corner lot with a side yard contiguous to other said roadways.

      2.   All parking areas are located on the side of the property and setback equal to the front building line of the primary structure, or in the rear of the property.

      3.   With the exception of an approved driveway and/or pedestrian walkways, the front or side yard facing the residential street shall remain as open space and include a maintained lawn, landscaping, or combination of both in addition to all other landscaping requirements within this chapter.

      4.   All outdoor lighting shall be fully-shielded, compatible to outdoor lighting found within a residential area, and shall not direct light onto adjacent property.

      1.   Buildings designed to be mobile or equipped with hitch apparatus, wheels, axles, and transporting lights or other factory-assembled unit built on a chassis shall be prohibited.

      2.   All buildings and structures are in keeping with the residential character of the neighborhood.

      3.   Adequate landscaping, screening and/or buffering shall be provided to ensure compatibility with the neighborhood.

      1.   All buildings shall be located at least thirty-five (35) feet from side and front lot lines and ten (10) feet from rear lot lines.

      2.   Fences and/or other appropriate safety devices are installed to protect the public safety and welfare.

      3.   No vehicles or equipment are stored, maintained or repaired on the premises.

      4.   All structures are in keeping with the residential character of the neighborhood.

      5.   Adequate landscaping, screening and/or buffering shall be provided to insure compatibility with the neighborhood.

      1.   Such facilities shall be housed in structures which are in keeping with the character of the residential neighborhood.

      2.   No structure shall be located within thirty-five (35) feet of any lot.

      3.   Adequate landscaping, screening and/or buffering shall be provided to insure compatibility with the neighborhood.

      1.   R-2 Residential District provided:

         a.   Permitted only within an existing historic structure.

         b.   The structure shall be listed on the National Register of Historic Places at the time of the application.

         c.   All rehabilitation shall be done in accordance with the "Secretary of Interior's Guidelines for Historic Preservation."

         d.   All landscaping, parking and site improvements shall preserve the historic character of the structure.

         e.   All mechanical systems and solid waste storage facilities shall be properly screened so as not to be visible from adjacent property.

         f.   One (1) freestanding sign not to exceed nine (9) square feet in size and eight (8) feet in height shall be allowed.

         g.   Outbuildings should be preserved if of an historical significance.

         h.   The structure shall be located on a lot of at least ten (10) acres.

         i.   No outside lighting shall direct light on adjacent property.

         j.   All parking areas shall be properly screened so as not to be visible from adjacent property.

      2.   C-1 or B-1 Business Districts provided: no drive-thru service permitted.

      1.   Any shelter shall comply fully with the requirements of applicable state, county, and city codes, ordinances, and regulations; and

      2.   Any shelter shall be contained within the structure of, and operated by, a not-for-profit corporation and/ or charitable organization; and

      3.   All shelters must operate in a safe, clean and orderly manner.

      4.   The applicant must state maximum capacity for overnight stay at time of application. Such capacity shall be approved by the board of adjustment with recommendations from the Marion Fire Chief.

      5.   Three (3) parking spaces shall be required per ten (10) residents at maximum capacity.

      6.   A retail establishment may be included on the premises if the purpose and profit are to benefit the shelter and other nonprofits. Such retail establishment shall not exceed the size (square footage of gross floor area) of the shelter. In addition to required parking for the shelter, there shall be one (1) parking space per two hundred (200) square feet of gross floor space associated with the retail use.

      1.   A twenty (20) feet of undisturbed, natural buffer along the entire perimeter of the property is provided to protect surrounding property owners from noise and visual effects.

      2.   The total requirement of off-street parking spaces shall be the sum of the off-street parking requirements of the various uses computed separately as specified in chapter six, article one.

The ancillary sale of tobacco and vapor products, as well as retail sale of federal and state regulated schedule VI controlled substances is limited to no more than one percent of the gross floor area of a business or no more than ten square feet, whichever is less, within the C-1 Central Business District and permitted as of right within the C-2 Central Business District.

      1.   A tattoo parlor, body piercing shop, or a combination of the two shall be permitted under the provisions of Section 4-3.2 above when such land use activity complies with the regulations within the specific zoning district where the use is proposed.

      2.   A tattoo parlor, body piercing shop, or a combination of the two proposed within the C-2 General Business District not meeting the specific provisions below shall request a special use approval pursuant to UDO Section 3-7.1.

      3.   Requirements within the C-1 Central Business District.

         a.   Located within a multi-tenant commercial building having four (4) or more separate businesses offering unrelated goods and services occupying fifty (50) percent or more of the total building floor area;

         b.   Maintain a five hundred (500) foot separation from a church, synagogue, or regular place of worship located within a single-occupancy building, measured in a direct line from the closest point of each structure;

         c.   Locate within a multi-tenant commercial building on a floor above or below street-level or within no more than twenty-five (25) percent of the rear portion of a one (1)-story building or street-level floor of a multi-tenant commercial building; and

         d.   The physical space where such land use activity takes place shall be designed and constructed in a manner that there is no visual appearance that such land use activity is taking place within view of any public right-of-way.

      4.   Requirements within the C-2 General Business District.

         a.   Cannot be not located or operated within seven hundred (700) linear feet of:

            i.   A church, synagogue, or regular place of worship;

            ii.   A public or private elementary or secondary school;

            iii.   A public library;

            iv.   A park or playground, with the exception of a greenway or other public trail;

            v.   A licensed child-care facility;

            vi.   A licensed group-home facility; or

            vii.   An entertainment business that is oriented primarily towards minors.

         b.   And where such use is not located within the Mixed Use Neighborhood Land Use Category as identified on the Future Land Use Map (FLUM) adopted as part of the City of Marion Comprehensive Land Use Plan.

      1.   The nonprofit organization is expressly permitted in the R-2 district.

      2.   The store shall not be open from 7:00 p.m. to 7:00 a.m. and shall not be open for more than two (2) days per week.

      3.   Off-street parking is provided per chapter 6, article 1, off-street parking requirements.

      4.   Only one (1) on-premises freestanding sign shall be permitted and it shall not exceed four (4) square feet in area.

      1.   A Class 7 or greater rating (Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or greater).

      2.   All recapping and other repair activities are conducted completely within an enclosed building and in such a manner that noise, odor, smoke, and other debris associated with this type of operation will not be offensive to adjoining property owners.

      3.   There will be no outside storage of any materials, including tires, old or new. It is not the intent of this section to prohibit tire displays. Tire displays shall be limited to no more than ten (10) tires.

      4.   Tires may be temporarily located outside, only during business hours of the recapping operations, for the purpose of loading and unloading tires.

      1.   Permitted within the C-2 Central Business District.

      2.   Permitted within the C-1 Central Business District provided that it is ancillary to an approved principal retail use and the ancillary sale of such products is limited to no more than one percent of the gross floor area of a business or no more than ten square feet, whichever is less.

(Ord. No. 22-01-18-3, § 3, 1-18-22; Ord. No. O-22-05-17-3, § 3, 5-17-22; Ord. No. O-23-07-18-4, § 7, 7-18-23)

   A.   Purpose and intent. It is the purpose of this section to permit temporary uses and structures within the city on a controlled, time-limited basis to minimize adverse impacts on the community. The intent of this section is to establish specific regulations to allow temporary uses while eliminating to the greatest possible extent any problems, threats, or dangers to the public health, safety or welfare as may exist with any and all such uses.

   B.   Permitted temporary uses. Temporary uses shall be limited to a use or use of land, building, or structure not intended to be of a permanent duration. Such uses shall be limited to the following:

      l.   Circuses and/or carnivals.

      2.   Evangelistic and religious events.

      3.   Outdoor bazaars, cookouts and/or similar activities by churches or other nonprofit institutions or organizations.

      4.   Open lot sale area for farm produce made or grown by the farm producer or immediate family.

      5.   Open lot sales area for Christmas trees.

      6.   Contractors' office and/or construction shed including mobile offices during construction on the development site.

      7.   Temporary special sales, yard sale or "flea" markets in commercial or industrial zoned districts.

      8.   Yard sales conducted outdoors by a resident in their respective yard area.

      9.   Other temporary recreational or entertainment related events or activities such as fairs or concerts.

      10.   Temporary relocation of manufactured housing for displaced persons as a result of natural or manmade disaster.

      11.   Mobile food vendor, push cart, or similar temporary retail food sales.

   Itinerant merchants, as defined by the North Carolina General Statutes, shall not be considered a temporary use pursuant to this section. Itinerant merchants shall be subject to the regulations of chapter 10, article VII of the Marion City Code, rather than the regulations of this section.

   C.   Duration, frequency and permitted zoning districts. The following table defines the requirements for duration, frequency, and permitted zoning districts for which a temporary use may occupy a site:

 

   D.   Criteria. A temporary use permit may be issued to the owner, tenant or lessee of any property located within the city. A temporary use permit may be issued provided the proposed use meets the following criteria:

      1.   The temporary use must be compatible with the surrounding uses.

      2.   The temporary use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.

      3.   If the temporary use is anticipated to draw less than one hundred (100) people at any given time, then it shall be approved by the planning and development director.

      4.   If the temporary use is anticipated to draw more than one hundred (100) people at any given time, then it shall be approved by the city manager. If the event is anticipated to draw over one thousand (1,000) people, it must be approved by the city council and an application must be submitted no less than thirty (30) calendar days prior to the event.

      5.   No more than two (2) temporary use permits may be issued at any given time to the same applicant, unless approved by the city manager.

      6.   The city shall refuse to issue a permit when the activity or purpose stated in the application would violate any ordinance of the city or statute of the state, or when the activity or purpose would constitute a clear and present danger to public health or safety.

   E.   Permit required. Any person desiring to conduct a permitted temporary use, as defined in subsection (2) and (3) above with the exception of residential yard sales, must first obtain a permit from the city. Such permit will establish the requirements for the particular use set out in subsection (C) and (D) below.

      1.   Purpose. The purpose of this permit is to insure that a temporary use meets the requirements set out herein and to coordinate traffic, parking, and other inspections as necessary to the safe and healthful operation of the event.

      2.   Application. Application for a temporary use permit shall be made to the city of Marion at least five (5) business days prior to the start of such use with the exception of temporary uses requiring city council approval in which the application must be submitted no less than thirty (30) calendar days prior to the event.

      3.   Requirements. A temporary use permit shall not be issued until evidence is shown that the following requirements have been or will be complied with:

         a.   The temporary use is permitted under subsection (2) and (3) above.

         b.   Ample parking is provided for the temporary use, in addition to required parking for any permanent use or uses located on the same property as the proposed temporary use.

         c.   Written authorization is given from the property owner or his/her agent for the temporary use to take place.

         d.   Any temporary use held outside of a building and within five hundred (500) feet of any residence shall cease operation by 10:00 p.m.

         e.   Noise shall be controlled so that no adjoining property owner or occupant is unduly disturbed by the temporary use.

         f.   Restroom facilities are provided at a rate of not more than one hundred (100) persons per toilet seat unless otherwise approved by the county health officer. All facilities shall be located and screened in a manner not to be visible from the public right-of-way or adjacent to a residential use.

         g.   All solid waste, human waste and animal waste shall be removed off-site and transported to an approved sanitary facility pursuant to chapter 9, health and sanitation of the Marion City Code.

      4.   Additional requirements. The following additional requirements shall apply:

         a.   Where a tent or similar structure is to be used, the following requirements or documentation shall be met:

            i.   A limitation on the number of occupants in a structure shall be observed as per the fire inspector.

            ii.   If a tent is to be used for human occupancy, a certificate of insurance must be submitted which will cover liability on the part of the applicant or sponsor in the event of an accident.

            iii.   A certificate of flame resistance shall be submitted which will provide assurance that the structure has been properly treated with flame retardant and has been maintained as such.

         b.   Contractors' office and/or construction shed including mobile offices shall be removed prior to receiving a certificate of occupancy.

         c.   Any temporary use deemed by the chief of police to have a potential risk to health, safety or public order may require the applicant to provide private protective services.

         d.   Where a mobile food vending unit is to be established the applicant shall meet the provisions of Sec. 4-4.3.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A temporary structure not associated with an approved temporary use shall be permitted on a limited basis, provided that it meets the requirements of the zoning district it is located in and complies with the provisions of this section.

   A.   Placement.

      1.   Temporary structures shall be permitted within all nonresidential zoning districts, except the C-1 central business district;

      2.   There shall be no more than two (2) temporary structures per acre or three (3) temporary storage units per lot, whichever is less;

      3.   Temporary structures shall not be located within the front yard setbacks and shall be adequately screened from the public right-of-way and from all adjacent property;

      4.   Temporary structures shall not be stacked on top of one another;

      5.   Temporary structures shall not be modified by adding windows, electrical, plumbing or mechanical improvements and/or used for permanent occupancy or habitable space;

      6.   Temporary structures shall not be used to store solid waste, debris, hazardous or toxic materials, or used to store materials or goods for property other than at the site where the structure is located.

   B.   Time limit.

      1.   The maximum time for a temporary structure to remain on a property shall be thirty (30) consecutive days with a maximum of two (2) permits in a twelve-month period per lot if not in conjunction with an active building permit for construction as specified in this section.

      2.   Temporary structures shall be removed prior to any final inspections for the building permit or issuance of a certificate of occupancy.

      3.   Maintenance. The temporary structure shall remain in good condition, free from evidence of deterioration, rust, holes, cracks, or breaks. When not in use the temporary structure shall remain locked.

      4.   Existing structures. Temporary structures which existed prior to the effective date of Ordinance No. O-08-06-17-11, and have not received approval from the City of Marion, may continue subject to chapter one, article two, nonconformities, providing the following:

         a.   The structures are not located within any required setback, bufferyard or parking area;

         b.   The structures are not connected to electric or water utilities;

         c.   Existing structures are registered with the planning and development department within one hundred eighty (180) days of the effective date of the ordinance and renewed annually thereafter; and

         d.   This section shall not apply to structures that have received an official approval from the building inspector for the installation as a permanent structure.

   C.   Inspections. The city may inspect the contents of any temporary structure at any reasonable time to ensure that it is not in violation of this section or with all other applicable sections of the Code.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Application and approval to operate.

      1.   The mobile food vendor shall provide the City with a copy of written consent from the property owner or their designee on a form prescribed by the City of Marion granting permission to establish a mobile vending unit on the subject property. It shall be unlawful for any mobile food vendor to establish upon private property without consent by the property owner or their designee.

      2.   A mobile food vendor permit shall not be required when vending activities are secondary or accessory to an approved temporary event.

      3.   The vending unit shall receive all applicable state health and food safety permits or exemption in writing from the state health inspector prior to city approval.

   B.   Operation requirements.

      1.   The mobile food vendor shall be in attendance at the mobile food vendor unit at all times during operation.

      2.   All mobile food vendor equipment and merchandise shall be removed from the premises or stored from public view during non-operating hours.

      3.   The mobile food vendor shall remove all trash generated from mobile food operation at the end of each business day.

      4.   The mobile vending unit shall operate only at times concurrent with the operating hours of the existing business on which the vending unit is located.

      5.   The vending unit operator shall comply with all federal, state and local laws when operating the unit.

      6.   All signage associated with the mobile food operation shall be securely attached flush to the vending unit and shall not be attached to the ground.

      7.   All mobile food vending units shall be self-contained and not require the use of ancillary power from any secondary source in order to operate, and all generators shall come equipped with a sound dampening enclosure.

   C.   Location requirements.

      1.   The vending unit shall not obstruct at any time any trash container, fire hydrant, fire lane, ingress or egress to the property, or building entrance.

      2.   Extension cords, drop cords, wires, and/or other materials shall not obstruct pedestrian or vehicular movement.

      3.   The mobile food vending unit shall be located on property of an existing business having an active business license, and a minimum of one restroom open to the public.

      4.   Mobile food unit shall not take up more than one (1) designated parking space, or 10 foot by 10 foot area. Except that one portable tent may be erected in addition to the mobile food unit so long as the tent is flame retardant, adequately anchored and secured to prevent collapse, and is located in a manner that does not take up additional parking and meets all other requirements in this section.

      5.   No more than one (1) mobile food vendor shall be located on a site at any one time.

   D.   Additional requirements on public property. Where a mobile vending unit is placed on city-owned property or within a public right-of-way the following requirements shall apply:

      1.   Application requirements.

         a.   The mobile food vendor shall be required to sign and execute a hold harmless release and agreement for sidewalk and right-of-way obstruction.

         b.   The mobile food vendor shall be required to maintain active liability insurance and provide documentation of lender's receipt of signed and notarized release and agreement form at the time of application submission.

      2.   General requirements.

         a.   The mobile food vendor shall be responsible for removing equipment and merchandise when the mobile vending unit is not in operation.

         b.   The mobile food vendor shall be responsible for removing all trash at the close of each business day and shall not place trash associated with the vending operation in public trash receptacles.

         c.   Generators, noise generating devices, or any other attention getting device that may, by virtue of its design, create a distraction to motorists, pedestrians, or adjacent properties shall be prohibited.

         d.   The City of Marion shall not provide power to a mobile food unit as part of the approved mobile food vendor permit application unless authorized by the Marion City Council.

      3.   Use of a public parking space. A mobile food vendor operating in a self-contained motorized vehicle or mobile trailer is permitted to locate in a designated parking space in one of the City- owned public parking lots or approved loading zone where use of such space is specifically posted, provided the following conditions are met.

         a.   The designated public parking space shall not be set up or used for mobile food vending before 5:30 p.m. any day of the week, with operations ending no later than 10:00 p.m. Sunday through Thursday, and 12:00 a.m. Friday and Saturday.

         b.   Designated parking spaces shall be used on a first come first serve basis, and the mobile food vendor shall not occupy more than one designated space at any given time.

         c.   When located in an on-street parking space, the mobile vending unit shall be oriented toward the sidewalk to maintain the public's safety and prevent conflicts between pedestrians and motorists.

         d.   No other parking space beyond the designated mobile food vendor parking space shall be used by the vendor during operation. Vehicles used to tow mobile food vending units shall be moved to a secondary location prior to operation in order to maintain adequate public parking.

         e.   The following locations include a designated space for a mobile food vending unit to operate.

            i.   Mid-block loading zone on the 0-100 block of South Main Street next to the McDowell Arts Council Building.

            ii.   City Stage Parking Lot located on North Main Street.

            iii.   West Henderson Street Parking Lot outside of the Marion Tailgate Market Pavilion.

            iv.   Brown Drive parking lot behind City Stage.

            v.   Marion Community Building Park lower level.

      4.   Use of public sidewalk and other public space.

         a.   A mobile food vendor may operate a mobile pushcart on a public sidewalk or other approved public space provided that it is designed to be moved manually by no more than one (1) person, and when setup provides a minimum of five-foot sidewalk clearance to allow for adequate pedestrian passage.

         b.   A mobile food vendor operating on a sidewalk or other approved public space may operate on public property between the hours of 7:00 a.m. and 10:00 p.m. Sunday through Thursday and 7:00 a.m. and 12:00 a.m. Friday and Saturday unless otherwise posted.

   E.   Enforcement. A violation of this section or any other applicable City Code shall be cause for immediate revocation of any permit issued pursuant to this section.

(Ord. No. O-21-06-15-5, §1, 6-15-21)