Sec. 4-3.4. Specific requirements by land use.
Adult/child day care facility.
      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.
Automobile related business.
      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.
Automated teller machine (ATM) stand alone.
      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.
Automobile wrecking, junk, and salvage yard.
      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.
Bed and breakfast home.
      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.
Boarding kennel or animal shelter.
      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.
Campgrounds/recreational vehicle park. Refer to chapter six, article eight.
Carport.
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.
Columbarium.
   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.
Customary accessory building.
      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.
Customary incidental home occupation.
      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.
Duplex.
      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.
Family care home.
      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.
Fortune telling.
      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.
Gasoline service station.
   Provided that petroleum derivatives in excess of five hundred (500) gallons are not stored aboveground.
Group Home or family care home.
   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.
Indoor firing or archery range.
      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.
Live-Work residential.
      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.
Manufactured home.
      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.
Manufactured home park.
      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.
Multifamily dwelling in the R-1 Single Family Residential District.
      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.
Open storage.
   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.
Golf course, park, playground, swimming pool, recreational community center, country club, civic club and lodge.
   Operated on a noncommercial or nonprofit basis for recreational purposes only.
Parking lot
   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.
Patio Homes, cottage-style homes, townhomes, and other attached and detached single-family home development.
      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.
Pet grooming.
      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.
Planned Unit Development (PUD).
      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.
Private club.
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.
Professional and business office.
      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.
Public school and private school.
      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.
Public utility building, structure, and facility.
      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.
Radio and television broadcasting station.
      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.
Restaurant.
      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.
Shelter/mission.
      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.
Sports Complex.
      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.
Tobacco shop, vapor store, controlled substance retail dispensary, and like uses.
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.
Tattoo parlor and body piercing shop.
      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.
Thrift/retail store operated by a nonprofit organization.
      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.
Tire recapping centers and heavy duty truck repair.
      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.
Tobacco shop, vapor store, controlled substance retail dispensary, and like uses.
      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)