A. Authority. The UDO is adopted pursuant to the authority granted by the City of Marion Municipal Charter and North Carolina General Statutes G.S. §160-D Local Planning and Development Regulations, as amended. The UDO also uses powers granted in other sections of the N.C.G.S. relating to particular types of development or particular development standards.
Except as provided for in G.S. § 160D-913, these regulations apply to the development and use of all land and structures within the corporate limits of the City of Marion, North Carolina and within the extraterritorial jurisdiction exercised by ordinance and denoted on the zoning map as is digitally maintained and on file at the City of Marion planning and development department pursuant to G.S. 160D-105. This map and its boundaries are incorporated into and made part of the UDO.
B. General Applicability and Jurisdiction. Except as provided for in G.S. § 160D-913, the UDO shall apply to all development and use of land and structures located within the corporate boundaries of the City of Marion, North Carolina, and extraterritorial jurisdiction, as denoted on the official boundary map maintained in the office of the City Clerk, and as may be amended from time to time, as provided by law. This map and its boundaries are incorporated into and made part of the UDO.
C. Split Jurisdiction. If a parcel of land lies within the planning and development regulation jurisdiction of more than one local jurisdiction, for the purposes of the UDO and G.S. Chapter 160D, the local governments may, by mutual agreement pursuant to Article 20 of G.S. Chapter 160A and with the written consent of the landowner, assign exclusive planning and development regulation jurisdiction under this chapter and G.S. Chapter 160D for the entire parcel to any one of those local governments. Such a mutual agreement shall only be applicable to development regulations and shall not affect taxation or other non-regulatory matters. The mutual agreement shall be evidenced by a resolution formally adopted by each governing board and recorded in the McDowell County register of deeds within 14 days of the adoption of the last required resolution.
D. Pending Jurisdiction. When changes to the city's jurisdiction are formally proposed, the city may receive and process proposals to adopt development regulations and any application for development approvals that would be required in the city if the jurisdiction is changed. No final decisions shall be made on any development approval prior to the actual transfer of jurisdiction. Acceptance of jurisdiction, adoption of development regulations, and decisions on development approvals may be made concurrently and may have a common effective date.
E. Compliance Required.
1. No building, structure, or land shall be used for any purpose or in any manner other than as provided for in the regulations for the zoning district in which it is located, and no permit, certificate, or approval of any use that is subject to the UDO shall be issued or granted by any department, agency, City official, or City employee without a finding of substantial compliance with the UDO having been issued by the appropriate review authority.
2. Unless otherwise stated in the UDO, no building or structure shall be erected, converted, enlarged, reconstructed, or altered without a determination of substantial compliance with the UDO.
3. No lot of record that did not exist on the effective date of the UDO shall be created by subdivision or otherwise unless it complies with the UDO.
4. All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code, or the North Carolina Residential Code, whichever is applicable, or both if applicable. Where the provisions of this Chapter conflict with any of the technical codes listed above, the more restrictive provisions shall apply.
5. Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.
6. All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel-burning equipment, incinerators, and other energy-related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.
7. All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina Electrical Code.
8. All construction, alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances made or installed to any building or structure, other than one and two-family dwellings and townhouses, shall conform to the provisions of the North Carolina Accessibility Code.
9. The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.
10. All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the National Manufactured Housing Construction and Safety Standards Act and the State of North Carolina procedural and reference codes for mobile homes, modular dwelling units, and other factory building structures, and all regulations adopted pursuant thereto.
11. All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family dwelling and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.
12. The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.
13. All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform.to applicable provisions of the North Carolina Building Code Volume IX - Existing Buildings or other applicable technical codes.
F. Municipal Code and Municipal Charter.
1. Whenever any provision of the UDO conflict with any other provisions of the Marion city code, the stricter provision, as determined by the city attorney, shall govern.
2. If any provisions of the UDO conflict with the municipal charter, the charter shall govern.
G. Emergency Powers. The City Council may authorize any deviation from the UDO during a local emergency. Local emergencies shall be declared by resolution of the City Council. Any deviations from the UDO during such emergency shall be authorized by resolution of the City Council without a requirement for notice or public hearing, and shall be temporary and of set duration.
H. Public Agencies. To the extent allowed by law, the UDO shall apply to all land, buildings, structures, and uses owned and/or controlled by any municipal, county, state, or federal government agency in the City of Marion. Where the provisions of the UDO do not legally control such land, buildings, structures, and uses, such agencies are encouraged to meet the provisions of the UDO.
(Ord. No. O-21-06-15-5, §1, 6-15-21)