Albemarle City Zoning Code
ZONING DISTRICTS
§ 92.090 USE DISTRICTS.
(A)(1) The city has divided its territorial jurisdiction into districts that have been deemed best suited to carry out the purposes of this part; and within those districts it regulates and restricts the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land. Such districts include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general districts; and conditional use districts in which uses are permitted only upon approval of their proposed use and design, for which site plan is required.
(2) Property may be placed in a conditional zoning district only in response to a petition by the owners of all the property to be included. Specific conditions to those defined in each conditional zoning district section herein may be proposed by the petitioner or the city or its agencies, but only those conditions approved by the city and consented to by the petitioner in writing may be incorporated into the zoning regulations or permit requirements. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, the city may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b) driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to city ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
(3) A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a conditional use district or other rezoning. Except as authorized by the foregoing, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.
(B) For the purpose of this subchapter, the city and its extraterritorial zoning jurisdiction are hereby divided into 16 districts and 2 overlay designated as follows.
Residential Districts
R-15 Conservation Residential District - Low Density.
R-10 General Residential District-Low Density.
R-8 Neighborhood Residential District - Medium Density.
R-6 Urban Residential District - High Density.
Mixed Use Districts
R-O Residential-Office Re-Use District.
R-4 Traditional Neighborhood Design District - Conditional Use.
NBD Neighborhood Business District.
CBD Central Business District.
Non-Residential Districts
NS Neighborhood Shopping District.
GHBD General Highway Business District.
SCD Shopping Center District.
MUSCD Mixed Shopping Center District.
HMD Hospital-Medical Center District.
LID Light Industrial District.
HID Heavy Industrial District.
I-O Institutional and Office District.
Overlay Districts
NEC Northeast Corridor Overlay District.
Downtown Albemarle Local Historic District
(‘58 Code, § 19-70) (Ord. 79-12, passed 8-20-79; Am. Ord. 90-10, passed 8-6-90; Am. Ord. 98-01, passed 1-20-98; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-03, passed - - ; Am. Ord. 21-26, passed 7-12-21)
§ 92.091 DISTRICT BOUNDARIES.
The boundaries of the districts designated in this chapter are hereby established as shown on a map entitled "Official Zoning Map, City of Albemarle, North Carolina," adopted by the City Council and certified by the City Clerk. The map and all explanatory matter thereon accompany and are hereby made a part of this chapter. The map shall be retained in the office of the Director of Planning and Development Services or as otherwise designated by the Director.
(‘58 Code, § 19-71) (Am. Ord. 87-1, passed 1-19-87; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.092 RULES GOVERNING BOUNDARIES.
Where uncertainty exists with respect to the boundaries of any of the districts designated in this chapter as shown on the official zoning map, the following rules shall apply.
(A) Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or railroad right-of-way lines, or those lines extended, the center lines, street lines, or railroad right-of-way lines shall be construed to be the boundaries.
(B) Where district boundaries are so indicated that they approximately follow lot lines, the lot lines shall be construed to be the boundaries.
(C) Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways, or railroads, or rights-of-way of them, the district boundaries shall be construed as being parallel thereto and at a distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by use of the scale shown on the zoning map.
(D) Where a district boundary line divides a lot in single ownership, the district requirements for the least restricted portion of the lot shall be deemed to apply to the whole thereof, provided that the extensions shall not include any part of a lot more than 35 feet beyond the district boundary line.
(E) Each permitted use shall conform to the dimensional requirements of the district in which it is located. For example, within an R-10 Single-Family Residential District, rest homes are permitted uses. The rest homes shall meet the dimensional requirements set forth for that district.
(‘58 Code, § 19-72) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.093 R-15 CONSERVATION RESIDENTIAL DISTRICT.
(A) The R-15 Conservation Residential District is intended to emphasize the conservation of sensitive environmental areas such as critical watersheds, large lot and estate type subdivisions and areas on the edge of the city where only low levels of development is desirable, and developments in which the design and placement of structures is less impactful on neighboring properties than elsewhere in the city. This is a low-density district of less than three units per acre, consisting primarily of single family detached dwellings along with limited home occupations and private and public community uses. This district will accommodate residences with access to both public water and sewerage and those without when deemed appropriate by City Council and Planning and Zoning Board.
(B) The following uses are permitted by right:
(1) Accessory buildings or structures.
(2) Single family detached dwellings.
(3) Manufactured homes, not including mobile home parks.
(4) Accessory dwelling units.
(5) Residential cluster developments as provided for in Chapter 91.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing.
(1) Churches and their customary related uses, including cemeteries, provided that all accessory buildings and graves shall be set back at least 20 feet from any property line. Services to be conducted temporarily in a tent shall be allowed on church property as a customary related use when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(2) Colleges, universities, public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools, provided, however, a special use permit is not required for new additions thereto not in excess of 10% of the total building square footage for the campus, and the addition is not closer than 50 feet of an adjoining property line. Including dormitories when located on the campus of any of the above.
(3) Golf courses, parks, playgrounds, community centers, libraries, swimming pools, and similar recreational uses.
(4) Public safety facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers, provided that all vehicles are stored indoors.
(5) Public works and public utility facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:
(a) The facilities are essential to the service of the immediate area.
(b) No vehicles or materials shall be stored on the premises, and no offices shall be permitted.
(c) All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped in such a way as to blend in with the surrounding area.
(d) All dangerous apparatus shall be enclosed by a chain-link fence at least eight feet in height.
(6) Nursery schools and kindergartens, provided that at least 100 square feet of outdoor play area is provided for each child; adult day care centers.
(7) Telecommunication towers and facilities complying with the provisions of § 92.075.
(8) Funeral homes, excluding crematoriums.
(9) Camps and retreats.
(D) Unless otherwise provided herein, all uses and structures shall comply with the area, yard and height requirements of this chapter. When not expressly stated herein or otherwise determined by Board approval, all principal uses and structures in this section requiring special use approval shall use area, yard and height requirements of the least intense by-right use.
(Ord. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.094 R-10 GENERAL RESIDENTIAL DISTRICT.
(A) The R-10 General Residential District is intended to emphasize a priority on quiet residential neighborhoods well outside of the urban core of the city and outside of watershed and other environmentally sensitive areas, but still well connected to collector streets with easy access to the larger city. This low density district features some small variation in housing types, but overall maintains a predominantly low intensity residential character consisting of single family detached and two family dwellings along with limited home occupations and private and public community uses. This district will accommodate residences with access to both public water and sewerage.
(B) The following uses are permitted by right:
(1) Accessory buildings or structures.
(2) Single family dwellings.
(3) Two-family dwellings.
(4) Accessory dwelling units.
(5) Residential cluster developments as provided for in Chapter 91.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing.
(1) Churches and their customary related uses, including cemeteries, provided that all accessory buildings and graves shall be set back at least 20 feet from any property line. Services to be conducted temporarily in a tent shall be allowed on church property as a customary related use when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(2) Colleges, universities, public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools, provided, however, a special use permit is not required for new additions thereto not in excess of 10% of the total building square footage for the campus, and the addition is not closer than 50 feet of an adjoining property line. Including dormitories when located on the campus of any of the above.
(3) Golf courses, parks, playgrounds, community centers, libraries, swimming pools, and similar recreational uses.
(4) Public safety facilities such as fire and police stations, rescue headquarters, ambulance service, and civil defense centers, provided that all vehicles are stored indoors.
(5) Public works and public utility facilities such as transformer stations, transmission lines, pumping stations, water towers, and telephone exchanges, provided:
(a) The facilities are essential to the service of the immediate area.
(b) No vehicles or materials shall be stored on the premises, and no offices shall be permitted.
(c) All buildings shall be set back at least 20 feet from all property lines and shall be designed and landscaped in such a way as to blend in with the surrounding area.
(d) All dangerous apparatus shall be enclosed by a chain-link fence at least eight feet in height.
(6) Nursery schools and kindergartens, provided that at least 100 square feet of outdoor play area is provided for each child; adult day care centers.
(7) Telecommunication towers and facilities complying with the provisions of § 92.075.
(8) Funeral homes, excluding crematoriums.
(9) Camps and retreats.
(D) Unless otherwise provided herein, all uses and structures shall comply with the area, yard and height requirements of this chapter. When not expressly stated herein or otherwise determined by Board approval, all principal uses and structures in this section requiring special use approval shall use area, yard and height requirements of the least intense by-right use.
(‘58 Code, § 19-81) (Ord. 80-28, passed 11-17-80; Am. Ord. 92-30, passed 12-7-92; Am. Ord. 94-20, passed 9-19-94; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 98-27, passed 8-3-98; Am. Ord. 99-27, passed 8-2-99; Am. Ord. 99-43, passed 9-7-99; Am. Ord. 04-02, passed 1-20-04; Am. Ord. 04-43, passed 9-20-04; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 08-17, passed 5-19-08; Am. Ord. 09-29, passed 9-21-09; Am. Ord. 10-21, passed 6-8-10; Am. Ord. 17-24, passed - - ; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.095 R-8 NEIGHBORHOOD RESIDENTIAL DISTRICT.
(A) The R-8 Neighborhood Residential District is intended to emphasize a more standard, medium-density district like those found in Albemarle's early suburbs in closer proximity to the downtown core. The principal use of land is devoted to a wider mix of housing types while still promoting an overall residential character. The R-8 Neighborhood Residential District is commonly found outside of walking distances to downtown and commercial areas, but is still well connected and is a good district for infill development in such areas. This district allows for single-family detached and attached dwellings and two-family dwellings along with limited home occupations and private and public community uses.
(B) The following uses are permitted by right.
(1) All uses permitted in the R-10 Residential District, including special uses subject to City Council approval, except camps and retreats.
(2) Single-family attached dwellings.
(C) Unless otherwise provided herein, all uses and structures shall comply with the area, yard and height requirements of this chapter. When not expressly stated herein or otherwise determined by Board approval, all principal uses and structures in this section requiring special use approval shall use area, yard and height requirements of the least intense by-right use.
(‘58 Code, § 19-82) (Ord. 79-12, passed 8-20-79; Am. Ord. 86-25, passed 11-3-86; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 98-27, passed 8-3-98; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.096 R-6 URBAN RESIDENTIAL DISTRICT.
(A) The R-6 Multi-Family Residential District is intended to emphasize a high-density district similar to Albemarle's oldest neighborhoods, areas adjacent to downtown and in close proximity to its neighborhood and commercial centers. The district remains residential in character, but allows for a broad range of housing types and densities allowing for easy access to amenities and services and a community for those persons desiring small residences and multi-family structures in relatively high-density, but functional neighborhoods.
(B) The following uses are permitted.
(1) All uses permitted in the R-8 Residential District, including special uses subject to City Council approval.
(2) Multi-family dwellings; provided, however, that the site plan for eight or more multi-family units must be reviewed by the Planning and Zoning Board and approved and City Council; that two driveways are required where property fronts on two public streets or is deemed otherwise necessary; and that a traffic study is required for all properties over four acres lying in R-6 District.
(C) The following additional special uses are permitted subject to city Council approval.
(1) Bed and breakfast homes when located not less than 500 feet from the same use.
(2) Battered group care facilities.
(3) Fraternity and sorority houses when located not less than 500 feet from the same use.
(D) Unless otherwise provided herein, all uses and structures shall comply with the area, yard and height requirements of this chapter. When not expressly stated herein or otherwise determined by Board approval, all principal uses and structures in this section requiring special use approval shall use area, yard and height requirements of the least intense by-right use.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.097 R-4 TRADITIONAL NEIGHBORHOOD DESIGN DISTRICT.
(A) Purpose. The purpose of the R-4 district is to provide for a greater variety of housing options similar to those traditionally found in and adjacent to the downtown core of the city. This district is intended to help promote the development of more complete, interconnected and walkable neighborhoods and to bolster the economic vitality of Albemarle's downtown and activity centers by encouraging medium to high density neo-traditional, mixed-use neighborhoods and the infill of underdeveloped urban areas with a variety of housing options alongside walkable amenities and retail.
(B) Location. When not otherwise indicated on city plans, the R-4 Neo-traditional Residential District shall be located on infill or redevelopment parcels of at least one acre in size in close proximity to the downtown central business district; in close proximity to designated neighborhood centers in officially adopted city plans; elsewhere in the city at or near the intersection of least one minor collector or higher order street with at least one minor collector or local street when there is an adjacent small-scale commercial or mixed use node and other amenities; adjacent to existing R-4 Districts or development of a similar scale and in other undeveloped areas that can support medium to large neo-traditional, mixed-use neighborhoods with a well-connected hierarchy of streets. In all cases in the R-4 District a large portion of daily amenities, including small scale restaurants, neighborhood oriented shops, professional offices, schools, parks and other recreational opportunities shall be in close walking distance, typically within one quarter to one half mile or less for the majority of residents within the development.
(C) Permissible uses.
(1) Residential. Whenever not explicitly permitted in this section, R-4 developments shall allow for all residential types and uses in all other residential districts, with the exception of mobile homes and modular housing. This shall include single family attached and detached dwellings, accessory dwelling units, two-family duplex, triplex and multifamily and vertical mixed-use dwelling options and residential cluster developments as provided for in Chapter 91. Residential uses and overall densities shall conform with the provisions of this section, but may be reviewed and adjusted by Planning and Zoning Board and City Council to ensure that adequate infrastructure and life-safety measures are in place to maintain quality of life and provision of services for all residents in and immediately adjacent to development.
(2) Non-residential. Non-residential uses are also allowed in the R-4 district with approval. Generally, uses found in other residential districts as well as NBD and RO Districts not requiring drive-thrus or a majority of developed area dedicated to vehicle use and not being detrimental to the residential nature of the district should be deemed permissible. Other small to medium scale neighborhood and pedestrian oriented uses found in other districts may be allowed when such non-residential uses fit the above requirements. To the greatest extent possible, non-residential uses in the R-4 district shall be located along collector or minor arterial streets, near neighborhood entrances or otherwise centrally located as easily accessible, small-scale, mixed use nodes that encourage walkability and better meet the needs of residents within the development and the larger neighborhood. It is the intent, however, that the R-4 district shall remain primarily residential in character, as a whole. Non-residential uses are encouraged in vertical mixed-use structures. Single use commercial structures and uses shall not utilize the majority of a block. In no case shall individual R-4 parcels or larger contiguous development within the district have a predominantly non-residential use, measured by a ratio of the total developed areas or square footage allocated to each use.
(D) Site design and intent of development. The R-4 is a conditional district. Both new development in the R-4 District and redevelopment of existing properties within in the R-4 District shall be innovative in design and achieve higher standards of functionality than those typically required in residential districts within the city. Prior to approval the applicant shall provide a statement of intent of the development, a site plan and additional detailed documents as deemed by City Staff, Planning Board and City Council as sufficient to show that the following criteria are met:
(1) A mix of housing types typically found downtown and throughout the city is permissible and may include vertical mixed-use multi-family dwellings traditional apartments, duplexes and triplexes, single family attached dwelling, small-lot single family detached dwellings and accessory dwelling units.
(2) Density matching or exceeding that traditionally found downtown and immediately adjacent.
(a) Densities in the R-4 district shall be in accordance with § 92.128 of this chapter.
(b) Single family attached and detached housing may utilize the cluster subdivision and reduce lot sizes and dimensions by up to 50% by creating larger neighborhood amenities and additional open spaces.
(3) A mix of uses, including residential and small scale office and neighborhood retail uses that are complimentary and supportive of neighborhood residents is allowed.
(a) Auto-oriented uses and designs and other uses not complimentary to the residential character of the neighborhood shall not be permitted.
(4) An emphasis and priority of walkability along streets and in public spaces.
(a) Five(5) foot minimum paved sidewalks shall be included along both sides of all primary streets, connecting all residences and all non-residential uses as well as parking lots.
(b) Sidewalks and walking paths shall be included in all public areas and amenities.
(c) Parking and off-street vehicular access shall be secondary to pedestrian mobility with non-residential parking lots and residential driveways to the rear of structures to the greatest extent possible.
(d) When deemed to be necessary, curb cuts for front-loaded residential driveways shall not exceed 40% or 12 feet, whichever is less, of the front lot line of any lot and shall be built adjacent to one another to maximize the amount of undisturbed pedestrian streetscape.
(e) Streets shall be designed with narrower travel lanes and lower speeds of around 20 - 25 miles per hour except along existing thoroughfares. The use of speed tables, chicanes and other speed mitigation devices is encouraged.
(f) Intersections shall feature lower curb radii, striped crosswalks, bulb-outs and pedestrian refuges where practical and mid-block crosswalks including these features on longer blocks.
(5) Landscaping and trees to enhance the streetscape.
(a) All primary streets shall feature landscaped areas such as grassed medians and planting strips between sidewalks and curb. Dimensions of such features may vary, but shall be designed to adequately accommodate all proposed plantings. In areas of high pedestrian activity these features may be replaced by wider paved walkways and planting wells similar to those found in downtown.
(b) Small to medium shrubs and medium to large species of street trees shall be planted along both sides of all primary streets such that a semi-continuous canopy is created once fully mature. At a minimum, plantings near the ends of each block and the approximate center of each block shall be required and placed in accordance with required site distance triangles.
(c) All off-street parking areas shall be paved and landscaped in accordance with this chapter, however paving and landscaping exemptions for size of lots shall not apply in this district.
(d) All other requirements of this section shall be in in accordance with § 92.122 of this chapter.
(6) A well-connected and functional street network that compliments and extends the traditional gridded street network of downtown.
(a) To the greatest extent possible, blocks shall be regularly spaced and shorter in length, approximating those found downtown and in adjacent neighborhoods.
(b) To the greatest extent possible a grid or modified grid network of primary streets shall be utilized.
(c) Existing streets and rights-of-way shall be connected to and built to city standard or higher. Logical placement of new streets creating interconnected blocks with the surrounding area and ensuring high levels of connectivity shall be required.
(d) When necessary, streets shall be extended beyond the property boundaries to connect to the existing network or, when deemed impractical, these streets shall be stubbed out the property line to allow for connection in the future.
(e) Culs-de-sac and dead end streets shall be avoided except when there is no other alternative. In such cases culs-de-sac should be of minimum length as possible. In no case shall the number of culs-de-sac to 3 and 4-way intersections exceed a ratio of 1:4.
(f) Exceptions may be made to street widths on blocks utilizing parallel alleys and interior block parking areas when adjacent non-residential uses and high density multi-family are not proposed, off street residential parking lots are provided and on-street parking is otherwise not deemed to be a necessity.
(g) Rights-of-way widths may be reduced when all other requirements of the district can still adequately be met.
(7) Structures shall be placed to frame the street and be at a scale conducive to pedestrian activity.
(a) Building placement and scale for development in the R-4 district shall be in accordance with associated dimensional standards found in this chapter.
(b) Both residential and non-residential structures should be built at or close to the front property line. Small front yards, spaces for proposed trees and setbacks for small porches, stoops and steps are acceptable, but front setbacks larger than 10 feet or more shall be avoided whenever possible.
(c) Parking shall not be located in the front yard of properties in this district except when necessary for emergency and accessibility purposes. When necessary, short driveways off primary streets meeting all other applicable requirements of this district may be included to access front-loaded garages or parking areas in side and rear yards, however this shall not be predominant throughout any development. Parking lots immediately adjacent to street intersections shall be avoided.
(d) Rear loaded garages, alley carriage houses and driveways, and shared parking in rear and side yards are encouraged.
(e) Detached accessory dwelling units and other accessory structures meeting all other requirements of this chapter are permissible and encouraged in rear yards.
(f) All primary structures shall be placed facing primary streets in the interior of the development and along external boundary streets in the R-4 District or along pedestrian plazas and open spaces to the greatest extent possible. When necessary, single family attached and detached homes may face and have access exclusively by public alleyways and any residential structures may be accessed by small centralized parking areas with looped, public drives. However, in no case shall any of these make up the majority of building orientations of any R-4 development.
(8) Easily discernable neighborhood center or centers within a short walk of all residences.
(a) Such centers may consist of, public plazas, parks and open spaces and may be bordered by higher intensity residential, commercial and mixed use structures or when deemed wide enough for practical and safe use, in between two parallel primary streets or in conjunction with an avenue or boulevard.
(b) In all cases such features shall be on developable land, located at or near the approximate center of the development unless deemed to be of benefit to the larger community or to future development and still easily accessible by foot from all points within.
(c) All centers shall, at a minimum, feature passive use amenities for residents and users including such features as playgrounds, walking trails, benches and landscaping. When deemed to be consistent with the intensity of development and practical for the use of residents other more high intensity recreational amenities should be included.
(d) Public plazas, parks and open spaces shall count towards required open space minimums of the subdivision and zoning chapters of city ordinance and may be increased in size with additional land through the cluster ordinance.
(e) All public areas and open space shall be deeded to and maintained by a homeowners' association, other private organization or the city when approved. Plan for long term maintenance and management of these areas shall be approved with the development plan.
(E) Conditional approval of plans. All development within the R-4 District shall require approval of a detailed site and development plan including proposed uses, site layout, management plan, anticipated phasing and other documents as deemed necessary by Planning and Zoning Board and City Council and consistent with §§ 92.090
and 92.141
. Said plans shall be reviewed by Planning and Zoning Board and approved as part of a public hearing by City Council prior to or at the time of the required land use map amendment rezoning the subject property or properties to the R-4 District, as well as prior to significant changes to properties within the R-4 District. The initial review and approval of said plans shall follow all state and local public hearing requirements consistent with land use map amendments. The Planning and Development Services Department shall maintain record of all approved plans for future reference. All subsequent subdivision phases and individual site plans shall adhere to the approved plans.
(F) Changes to approved plans and existing development. The Director of Planning and Development Services, or his or her designee, shall require that proposed changes to design or use within an existing development, in whole or in part, or to individual properties in the R-4 District be reviewed and approved by the Planning and Zoning Board when meeting the following criteria: increases in the square footage or intensity of non-residential uses, a significant reduction to on-site amenities or open space, reduction or major changes in functionality of parking, vehicular or pedestrian circulation, reductions in approved landscaping, other changes in design or use not consistent with the original intent of the approved development. Planning and Zoning Board may, at its discretion, approve such changes or, when deemed a significant change to the original intent of the development may defer it's decision and recommend that City Council consider the approval. Small changes to approved residential types and densities, but not affecting the overall design or functionality of the development, must meet the use and dimensional requirements of this chapter, but do not require additional approvals.
(G) Applicability. Where not otherwise stated, all development within the R-4 district shall be in compliance with all other sections of the city zoning and subdivision ordinances including area, yard and height requirements of this chapter. Where there is deemed to be conflict between this section and others, this section shall apply.
(Ord. 99-43, passed 9-7-99; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.098 R-O RESIDENTIAL-OFFICE RE-USE DISTRICT.
(A) The regulations of the R-O Residential-Office District are intended to provide for the preservation of older homes and structures in areas experiencing high demand for multi-family residential and other office and non-residential uses by providing increased flexibility in both residential density and allowed uses within existing structures. Also allowed is infill development meeting existing urban densities. This district may also be used to provide a buffer between the uses of purely business and purely residential areas, however the district should maintain an overall residential character.
(B) The following uses are permitted.
(1) All uses permitted in the R-6 Urban Residential District, including special uses.
(2) Adult day care center.
(3) Automobile parking lots and structures.
(4) Banks and other financial institutions including loan and financial companies.
(5) Barber and beauty shops.
(6) Business colleges, barber and beauty colleges, art schools, music and dance studios, and similar facilities, but excluding industrial trade schools.
(7) Clubs, lodges, social, civic, and other similar organizations operated on a nonprofit basis as evidenced by an Internal Revenue Service tax exemption granted under the provisions of § 501(C)(3) and (4) of the Internal Revenue Code.
(8) Customary accessory uses and structures when located on the same lot as the principal structure, excluding, however, open storage. Furthermore, accessory structures may be used for home occupations or other permitted uses in this district.
(9) Floral and gift shops, but excluding commercial greenhouses.
(10) Funeral homes and mortuaries.
(11) Libraries, museums, and art galleries.
(12) Mental health clinics and outpatient rehabilitation facilities.
(13) Assisted living and nursing homes.
(14) Offices, business, professional, and public.
(15) Opticians and optical goods stores.
(16) Orthopedic supply houses.
(17) Pharmacies and apothecary stores, without fountains.
(18) Photographic studios.
(19) Physical culture and reducing salons.
(20) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing. Permitted special uses in the district include telecommunication towers, facilities complying with the provisions of § 92.075 of the City Code of Ordinances, battered group care facilities, and recycling collection points, tea houses, orphanages and adoption care facilities, boarding houses and rooming houses with management and operation plans approved by Council and when located at least 500 feet from other establishments of either use, and fraternity and sorority houses when located not less than 500 feet from the same use.
(D) Unless otherwise provided herein, all uses and structures shall comply with the area, yard and height requirements of this chapter. When not expressly stated herein or otherwise determined by Board approval, all principal uses and structures in this section requiring special use approval shall use area, yard and height requirements of the least intense by-right use.
(‘58 Code, § 19-85) (Ord. 79-4, passed 6-25-79; Am. Ord. 79-12, passed 8-20-79; Am. Ord. 81-3, passed 3-16-81; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 01-18, passed 4-16-01; Am. Ord. 05-31, passed 7-18-05; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 08-03, passed 2-4-08; Am. Ord. 14-22, passed 7-7-14; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-25, passed 8-19-24) Penalty, see § 10.80
§ 92.099 NBD NEIGHBORHOOD BUSINESS DISTRICT.
(A) The regulations of the NBD Neighborhood Business District are intended to provide for the retailing of goods and services for convenience to the nearby residential neighborhoods in such a way as to protect abutting areas from blighting influences.
(B) The following uses are permitted.
(1) Bakeries, where the products are sold exclusively at retail on the premises.
(2) Banks and other financial institutions, including loan and finance companies.
(3) Barber and beauty shops.
(4) Bicycle sales and repair shops.
(5) Churches and their related uses, except cemeteries. Services to be conducted temporarily in a tent shall be allowed on church property as a customary related use when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(6) Clubs, lodges, social, civic, and other similar organizations operated on a nonprofit basis as evidenced by an Internal Revenue Service tax exemption granted under the provisions of § 501(C)(3) and (4) of the Internal Revenue Code.
(7) Customary accessory uses and structures when located on the same lot as the principal structure, excluding open storage.
(8) Dairy bars and ice cream manufacturing for retail sales on the premises only.
(9) Dry cleaning and laundry pick-up stations and dry cleaning plants operated in conjunction with a retail service counter, provided there is no processing of clothes collected at other stations, and that only noninflammable liquids are used in the cleaning processes.
(10) Floral and gift shops, but excluding commercial greenhouses.
(11) Food stores, retail only, but excluding the killing and dressing of any flesh and fowl.
(12) Jewelry repair shops.
(13) Launderettes and laundromats.
(14) Libraries, museums, and art galleries.
(15) Locksmiths and gunsmiths.
(16) Nursery schools and kindergartens.
(17) Offices, business, professional, and public.
(18) Photographic studios.
(19) Public safety facilities such as fire and police stations, rescue squad headquarters, and civil defense centers, provided that all vehicles are stored indoors.
(20) Public works and public utility facilities, subject to conditions listed under § 92.093(C)(6) relating to public works and public utility facilities.
(21) Radio and TV repair shops, electric shops.
(22) Service stations, but not including major repair work, provided that gasoline pump islands shall be located at least 15 feet behind the property line, and that pump island canopies may be constructed to extend to the street right-of-way. On all sides where the stations abut residential districts, a six-foot high fence and suitable landscaping shall be provided.
(23) Shoe repair and shine shops.
(24) Tailor, dressmaker, and millinery shops.
(25) Adult day care centers.
(26) Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, books and stationary, magazine, candy, tobacco, pet, and hobby and craft stores but not excluding similar retail outlets.
(27) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: colleges, universities, technical institutes, public elementary and secondary schools, private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above, and single-family dwellings, two-family dwellings and multi-family dwellings not to exceed four units, telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances, restaurants, orphanages and adoption care facilities, halfway houses and sober living facilities when located not less than one half mile from the same use, bed and breakfast homes when located not less than 500 feet from the same use, and boarding houses and rooming houses with management and operation plans approved by Council and when located at least 500 feet from other establishments of either use, and fraternity and sorority houses when located not less than 500 feet from the same use.
(‘58 Code, § 19-86) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-4, passed 6-25-79; Am. Ord. 79-12, passed 8-20- 79; Am. Ord. 81-3, passed 3-16-81; Am. Ord. 86-26, passed 11-3-86; Am. Ord. 87-8, passed 5-11-87; Am. Ord. 91-1, passed 1-22-91; Am. Ord. 93-21, passed 5-17-93; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 98-26, passed 7-20-98; Am. Ord. 05-11, passed 3-21-05; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 14-34, passed 11-3-14; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-09, passed 3-1-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-25, passed 8-19-24) Penalty, see § 10.80
§ 92.100 CBD CENTRAL BUSINESS DISTRICT.
(A) The regulations of this district are intended to permit the convenient performance of functions requiring a location near the transportation and population center of a large trade area and to provide the City of Albemarle with a compact and efficient retail shopping, consumer services, financial and governmental center.
(B) The following uses are permitted:
(1) Accessory buildings and uses.
(2) Alcoholic beverages, packaged, retail sales.
(3) Assembly halls, armories, and similar facilities.
(4) Automobile parking lots and structures.
(5) Automobile parts and supplies, new.
(6) Bakeries, where the products are sold exclusively at retail on the premises.
(7) Banks and other financial institutions, including loan and finance companies.
(8) Barber and beauty shops.
(9) Bicycle shops.
(10) Bowling alleys and skating rinks.
(11) Building material outlets.
(12) Bus stations.
(13) Business colleges, barber and beauty colleges, art schools, music and dance studios, and similar uses.
(14) Churches and their customary related uses, except cemeteries. Services to be conducted temporarily in a tent shall be allowed on church property as a customary related use when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(15) Clubs and lodges operated on a nonprofit basis as evidenced by an Internal Revenue Service tax exemption granted under the provisions of § 501(C)(3) and (4) of the Internal Revenue Code and which cater exclusively to their members and their guests.
(16) Chiropractic and dental clinics.
(17) Curio and souvenir shops.
(18) Customary accessory uses and structures when located on the same lot as the principal structures, except open storage.
(19) Dairy bars and ice cream manufacturing for retail sales on the premises only.
(20) Dry cleaning and laundry pick-up stations and dry cleaning plants, having less than 2,000 square feet of floor space, provided the emission of steam and other obnoxious by-products is controlled.
(21) Farm and industrial equipment sales and display of new equipment.
(22) Farm machinery dealers.
(23) Feed and seed stores.
(24) Floral shops.
(25) Food stores and meat markets, retail only, but excluding the killing or dressing of flesh or fowl.
(26) Freezer lockers.
(27) Fruit stands.
(28) Furriers and fur storage.
(29) Glass and awning shops.
(30) Golf courses, parks, playgrounds, swimming pools, and community centers.
(31) Greenhouses and truck gardens (private).
(32) Greenhouses, commercial.
(33) Hotels/motels.
(34) Industrial supply houses.
(35) Industrial trade schools.
(36) Jewelry repair and pawn shops.
(37) Laundromats.
(38) Libraries, museums, and art galleries.
(39) Locksmiths and gunsmiths.
(40) Medical and dental clinics and laboratories.
(41) Multi-family dwellings.
(42) Newspaper offices and printing plants incidental to the offices.
(43) Nursery schools and kindergartens.
(44) Office supplies and equipment, sales and service.
(45) Offices, business, professional and public.
(46) Opticians and optical goods stores.
(47) Orthopedic supply houses.
(48) Photographic studios and camera supply stores.
(49) Physical culture and reducing salons, or similar establishments, excluding massage parlors and related businesses subject to the provisions of Chapter 63 of this Code.
(50) Plumbing and heating supply houses.
(51) Printing, publishing, and reproducing establishments.
(52) Public safety facilities, subject to the conditions listed under § 92.093(C)(5) relative to public safety facilities.
(53) Public works and public utility facilities, subject to the conditions listed under § 92.093(C)(6) relative to public utility facilities.
(54) Radio and television repair shops, electric shops.
(55) Research labs.
(56) Restaurants, both drive-ins and those which are not drive-ins.
(57) Retail establishments such as department, clothing, fabric, shoe, variety, notions, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby, and craft stores, but not excluding similar retail outlets.
(58) Saw shops and the like (contained in building).
(59) Schools and colleges, public and private, elementary and secondary.
(60) Secondhand stores.
(61) Service stations, but not including major repair work, provided the stations have a minimum lot area of 6,000 square feet with a frontage of not less than 100 feet. No portion of a service station building nor any of its equipment shall be nearer than 15 feet to the street right-of-way. A canopy may be erected over the pump island which may extend to the street right-of-way. Minor engine repairing, tune-up, and tire repairing shall be permitted if conducted wholly inside a structure.
(62) Shoe repair and shine shops.
(63) Single-family dwellings, attached and detached.
(64) Tailoring, dressmaking, and millinery shops.
(65) Taxicab stands.
(66) Telephone and telegraph offices.
(67) Theaters housed in a permanent indoor structure.
(68) Tire shops, but excluding recapping establishments.
(69) Two-family dwellings.
(70) Vending companies.
(71) Adult day care centers.
(72) Funeral homes and mortuaries.
(73) Pilot plant manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and not employing more than 50 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses; provided, that off-street parking is provided for all employees, visitors, and loading operations.
(74) Farmer's markets and related uses.
(75) Inflatables (indoor).
(76) Fitness gyms (indoor).
(77) Batting cages (indoor).
(78) Skateboarding (indoor and outdoor except upon any public sidewalk or street as prohibited by G.S. 82-37.1).
(79) Laser-tag (indoors).
(80) Rock climbing (indoor).
(81) Specialty food and drink shop. Coffee or tea shop, smoothie bar, ice cream or frozen yogurt shop.
(82) Microbrewery.
(83) Tasting room (accessory use for retail beer or wine store - indoors, if allowed by state regulations).
(84) General gaming establishment.
(85) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing:
(1) Colleges, universities, technical institutes, public elementary and secondary schools, and private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above.
(2) Light manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and provided that the operation be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the uses; and further provided that the manufacturing process has been operated as a pilot plant operation as a special use as provided in division (3) below, and not employing more than 50 people; that an environmental impact report is prepared at the expense of the applicant based upon the pilot operation. The manufacturing process may not be changed to any other than that used during the pilot project and covered by the environmental impact report, nor shall this permit be transferable to another owner. Off-street parking shall be provided for all employees, visitors, and loading operations.
(3) Pilot plant manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and not employing more than 150 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses. The permit granted under this division shall be for no longer than two years; provided that off-street parking is provided for all employees, visitors, and loading operations.
(4) The collection of non-hazardous recyclable materials such as aluminum cans, glass, and paper provided that: adequate parking is provided; no litter or trash is allowed; and there is no outside storage.
(5) Bed and breakfast homes when located not less than 500 feet from the same use.
(6) Telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances.
(7) Bars, when located at least 200 feet from other bars.
(8) Billiard halls and they shall be at least 1,500 feet from any other existing bar and/or billiard hall. Measurements of location shall be a straight line from the nearest point of the property line to the nearest point of the property line.
(9) Off-street parking lots without structures.
(10) Indoor, climate-controlled storage facilities which are accessory to and secondary in both location and size to the primary uses of pre-existing buildings with on-site parking to accommodate projected visitors and employees. Signage and exterior changes to the building shall not significantly alter the building or site and shall be approved by the Historic Preservation Commission, or City Council when not located in the local historic district.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-52, passed 11-15-21; Am. Ord. 24-05, passed 2-19-24)
§ 92.101 N-S NEIGHBORHOOD SHOPPING DISTRICT.
(A) The N-S Neighborhood Shopping District is established to provide an aesthetically attractive environment in which a limited number of businesses can provide goods and services for nearby neighborhoods.
(B) (1) The following uses are permitted:
(a) Auto parts store.
(b) Banks and savings and loan companies.
(c) Camera shops and photographic studios.
(d) Child care facilities.
(e) Clothing stores.
(f) Drug stores.
(g) Fitness centers.
(h) Gift shops and floral shops.
(i) Hair stylist shops (includes barber and beauty shops).
(j) Hardware stores.
(k) Jewelry stores.
(l) Optical services.
(m) Pet supply stores.
(n) Professional offices.
(o) Restaurants (no drive-throughs or fast food).
(p) Specialty stores.
(q) Sporting goods stores.
(r) Toy stores.
(s) Travel agencies.
(t) Video stores.
(2) Note: None of these uses can occupy more than 10,000 square feet within a single building.
(C) Procedure for rezoning to neighborhood shopping district. The owner or owners of the tract(s) must present at a minimum a five acre tract (exclusive of road right-of-way) for consideration.
(Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-52, passed 11-15-21; Am. Ord. 24-05, passed 2-19-24; Am. Ord. 24-25, passed 8-19-24)
§ 92.102 GHBD GENERAL HIGHWAY BUSINESS DISTRICT.
(A) The GHBD General Highway Business Districts are designed to serve those commercial activities which function relatively independent of intense pedestrian traffic and which should not be located in the Central Business District or in the Neighborhood Business District. The General Highway Business Districts shall be located along state and federal highways or other highways designated as major streets, and should be established in zones of two acres or larger.
(B) The following uses are permitted.
(1) Alcoholic beverages, packaged, retail stores.
(2) Veterinary facilities, provided no pens or kennels are located closer than 20 feet to any property line, and there are no open kennels.
(3) Assembly halls, coliseums, ballrooms, and similar structures.
(4) Auction houses where all sales are conducted within an enclosed structure and no goods or wares are stored or displayed on the premises outside the auction house and there is provided one space of off-street parking for each four seats of patron use plus one space for each 100 square feet of floor space not containing seats.
(5) Automobile parking lots and structures.
(6) Automobile parts and supplies, new.
(7) Automobile repair garages, including body works.
(8) Automobile sales, new and used, including related repair services.
(9) Automobile washing establishments.
(10) Bakery product distributing facilities.
(11) Banks, drive-in.
(12) Barber and beauty shops.
(13) Bicycle sales and repair
(14) Boat works and sales.
(15) Bottling works.
(16) Bowling alleys, skating rinks, baseball and golf driving ranges, miniature and par-3 golf courses, mechanical rides, riding stables, and other commercial recreation facilities.
(17) Building materials and equipment sales, including open storage when fenced.
(18) Bus repair and storage terminals.
(19) Bus stations.
(20) Business colleges, barber and beauty colleges, art schools, music and dance studios, and similar uses.
(21) Cabinet, woodworking, and upholstery shops.
(22) Chiropractic and dental clinics.
(23) Churches and their related uses.
(24) Clubs and lodges operated on a nonprofit basis as evidenced by an Internal Revenue Service tax exemption granted under the provisions of § 501(c)(3) and (4) of the Internal Revenue Code and which cater exclusively to members and their guests.
(25) Contractor's offices and storage yards.
(26) Crematories, as defined in G.S. § 90-210.121(11), to wit:
"CREMATORY" or "CREMATORIUM." The building or buildings or portion of a building on a single site that houses the cremation equipment, the holding and processing facilities, the business office, and other parts of the crematory business. A crematory must comply with all applicable public health and environmental laws and rules and must contain the equipment and meet all of the standards established by the rules adopted by the Board.
(27) Curio and souvenir shops.
(28) Customary accessory uses and structures, including open storage, provided the areas devoted to open storage are enclosed by a solid fence not less than eight feet in height.
(29) Dairy bars and ice cream manufacturing for retail sales on the premises only.
(30) Dairy products processing and distributing facilities.
(31) Developmental group care facility, defined as a facility licensed by the state, or operated by a nonprofit corporation chartered pursuant to G.S. Ch. 55, which provides personal care and rehabilitation services for persons having developmental disabilities. Such facilities may have accessory uses conducted on the premises, including but not limited to daycare schooling of residents, training programs in occupational fields, and production of goods and crafts to be sold off premises.
(32) Dry cleaning and laundry plants.
(33) Electrical supplies and equipment, sales and service.
(34) Farm machinery assembly, sales, and repairs.
(35) Feed and seed stores.
(36) Floral shops.
(37) Food stores and meat markets, retail only, but excluding the killing or dressing of flesh or fowl.
(38) Freezer lockers and ice plants.
(39) Fruit stands and grocery stores housed in reasonably permanent structures.
(40) Funeral homes and mortuaries.
(41) Furriers and fur storage.
(42) Glass and mirror shops, venetian blind and awning shops, tile companies, and similar building specialties outlets.
(43) Greenhouses and horticultural nurseries.
(44) Industrial supplies and equipment, sales, and service.
(45) Industrial trade schools, research laboratories.
(46) Jewelry repair and pawn shops.
(47) Launderettes and Laundromats.
(48) Libraries, museums, and art galleries.
(49) Locksmiths and gunsmiths.
(50) Lumberyards, building materials storage and sales, including open storage when fenced.
(51) Machine and welding shops.
(52) Medical and dental clinics and laboratories.
(53) Manufactured and mobile home and recreation equipment display lots.
(54) Monument works and sales.
(55) Hotels/motels.
(56) Motorcycle, lawnmower, and power saw sales and service.
(57) Newspaper offices and printing plants incidental to the offices.
(58) Offices, business, professional, and public.
(59) Opticians and optical goods stores.
(60) Photographic studios and camera supply stores.
(61) Physical culture and reducing salons excluding massage parlors and related businesses subject to the provisions of Chapter 63 of this code.
(62) Plumbing and heating supply houses.
(63) Printing, publishing, and reproducing establishments.
(64) Bars, any structure in which a bar is in operation shall be at least 400 feet from any residential use, residential district, place of worship, school, or licensed child day care and located not less than 1,500 feet from any other existing bar and/or billiard hall. Measurements of location shall be a straight line from nearest point of property line to nearest point of property line.
(65) Public safety facilities, subject to the conditions of § 92.093(C)(5) relating to public safety facilities.
(66) Public works and public utility facilities, subject to the conditions of § 92.093(C)(6) relating to public works and public utility facilities.
(67) Radio and television repair shops, electric shops.
(68) Radio and television stations and towers.
(69) Railroad stations and yards.
(70) Restaurants, including drive-in restaurants, provided the drive-in restaurants are fenced on all sides which abut residential districts. The fences shall be solid from the ground to a height of six feet.
(71) Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliances, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, books and stationery, magazine, candy, tobacco, pet, hobby, and craft stores, but not excluding similar retail outlets.
(72) Secondhand stores and swap shops.
(73) Service stations, provided that gasoline pump islands shall be located at least 15 feet behind the property line; provided that pump island canopies may be constructed to extend to the street right-of-way; provided further that on all sides where such stations abut residential districts, a six foot high fence and suitable landscaping shall be provided.
(74) Sexually oriented business subject to the following conditions and restrictions:
(a) Spacing from other sexually oriented business. No such business shall locate within 1,200 feet of any other adult oriented business, as measured in a straight line from property line to property line;
(b) Spacing from other uses. No sexually oriented business shall be located within 1,000 feet of a church, public or private elementary school, child day care, nursery school, public park or residentially zoned property, or within 250 feet of any establishment with an on premises ABC license, as measured in a straight line from property line to property line;
(c) Maximum area. The gross floor area of any adult oriented establishment shall not exceed 3,000 square feet;
(d) Prohibition of sleeping quarters. Except for an adult motel/hotel, no adult oriented business may have sleeping quarters;
(e) Restriction of uses on the same property or in the same building, structure, or portion thereof. There shall not be more than one adult oriented business in the same building, structure or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any adult oriented business;
(f) No exceptions from the location requirement of sexually oriented businesses. The Albemarle Zoning Board of Adjustments shall have no authority to grant a variance from the separation standards set forth in (a), (b), (c), (d), and (e) above.
(75) Sheet metal, roofing, plumbing, heating, and refrigeration shops.
(76) Shoe repair and shine shops.
(77) Shops for grooming pet animals, provided that there are no open kennels.
(78) Sign painting and fabricating shops.
(79) Tailoring, dressmaking, and millinery shops.
(80) Tattoo parlors.
(81) Taxicab stands.
(82) Telephone and telegraph offices.
(83) Tent services conducted by church. Church services conducted temporarily in a tent when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(84) Theaters, drive-in, subject to the following conditions.
(a) No part of any theater screen, projection booth, or other building shall be located closer than 500 feet to any residential district or closer than 50 feet to any property line of the public right-of-way; and no parking space shall be located closer than 100 feet to any residential district.
(b) The theater screen shall not face a major street or highway, and reservoir parking space off the street shall be provided for patrons awaiting admission in an amount of not less than 30% of the vehicular capacity of the theater.
(85) Theaters housed in permanent indoor structures.
(86) Tire recapping shops.
(87) Trucking terminals, transfer companies.
(88) Vending companies.
(89) Wholesale storage of gasoline and oil products, including bottled gas and oxygen.
(90) Winery and tasting room.
(91) Pilot plant manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and not employing more than 50 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses; provided that off-street parking is provided for all employees, visitors, and loading operations.
(92) Nursery schools and kindergartens; provided that at least 100 square feet of outdoor play area is provided for each child.
(93) Skateboarding (indoor and outdoor except upon any public sidewalk and street as prohibited by G.S. § 82-37.1).
(94) Inflatables (indoor and outdoor).
(95) Paintball (indoor and outdoor).
(96) Fitness gym (indoor).
(97) Batting cages (indoor and outdoor).
(98) Zip-line (indoor and outdoor).
(99) Rock climbing (indoor and outdoor).
(100) Laser-tag (indoor and outdoor).
(101) Micro-brewery.
(102) Brewery.
(103) Tasting room (accessory use for retail beer or wine store - indoors, if allowed by state regulations.
(104) Automotive rental (car and truck).
(105) Boarding kennel, provided no outdoor kennels are allowed.
(106) General gaming establishment.
(107) Extended stay hotel/motels when located not less than one half mile from the same use.
(108) Inpatient rehabilitation facilities when located at least one half mile from the same use.
(109) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing.
(1) Wholesale and warehousing establishments.
(2) Pilot plant manufacturing not involving chemical processes, noise, odor, smoke, or any other environmental pollution and not employing more than 150 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses. The permit granted shall be for no longer than two years, and off-street parking shall be provided for all employees, visitors, and loading operations.
(3) Coal and wood sales.
(4) A building or group of buildings that contain varying sizes of individual, compartmentalized, controlled, and exterior-accessed stalls or lockers for the dead storage of non-hazardous materials; provided, however, that the storage units shall be enclosed by a fence not less than six feet in height. No business activities other than the rental of storage units shall be conducted on the premises.
(5) Light manufacturing not involving chemical processes, noise, odor, smoke, or other environmental pollution and not employing more than 50 people. The operation shall be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for those uses; and provided that the manufacturing process has been operated as a pilot plant operation as a special use as provided in division (2) above and an environmental impact report is prepared at the expense of the applicant based on the pilot operation. The manufacturing process may not be changed to any other than that used during the pilot project and covered by the environmental impact report, nor shall this permit be transferable to another owner. Off-street parking shall be provided for all employees, visitors, and loading operations.
(6) The collection of nonhazardous recyclable materials such as aluminum cans, glass, and paper, provided that adequate packing be provided, no litter or trash be allowed, and there be no outside storage.
(7) Beach bingo as defined in G.S. § 309.6(6), provided that at each establishment where operated there shall be one parking space for each four seats provided for patron use, plus one parking space for each 100 square feet of floor or ground area used for amusement or assembly, but not containing fixed seats.
(8) Telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances.
(9) Billiard halls provided that they shall be located not less than 1,500 feet from any other existing bar and/or billiard hall. Measurements of location shall be a straight line from nearest point of property line to nearest point of property line.
(10) Go-cart tracks.
(11) Flea market - outdoor.
(12) Emergency temporary housing when located not less than one half mile from the same use.
(13) Donation drop boxes, trailers, accessory buildings or any other method of collection for donated items including but not limited to clothing that is located outside the principal structure on the property shall meet all of the following:
(a) Operated by a nonprofit group [IRS § 501(c)(3)];
(b) Display the owner's name and phone number in prominent location on the donation drop box and a list of charitable activities that will benefit from donation;
(c) Located on a developed lot that is owned or leased by the nonprofit group who maintain the boxes;
(d) Located no closer than 20 feet to any public street right-of-way;
(e) Constructed of noncombustible material and be watertight and properly maintained;
(f) Removal of any donations left outside the box within 36 hours;
(g) Not be located within any parking space or within any landscaped area required by regulations of the City of Albemarle Code;
(h) Obtain a City of Albemarle special use permit prior to placement.
(14) Colleges, universities, technical institutes, public elementary and secondary schools, and private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above.
(D) Any donation box placed in the zoning jurisdiction of the city without an approved special use permit will be impounded on city property and the owner of the box must pay an impoundment fee of $100 per box. If boxes have a telephone number or email information on them, city staff will attempt to make contact and advise that contact that they will have 72 hours from the time of contact to remove the box prior to impoundment.
(E) After a box is impounded, the owner must contact the Planning Department to arrange payment and show proof of ownership before the box is returned. Boxes left in impoundment over 60 days will be disposed of by the city.
(‘58 Code, §§ 19-87 and 19-91) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-4, passed 6-25-79; Am. 79-12, passed 8-20-79; Am. Ord. 80-9, passed 5-19-80; Am. Ord. 81-3, passed 3-16-81; Am. 81-8, passed 4-21-81; Am. Ord. 83-28, passed - - ; Am. Ord. 86-8, passed 5-19-86; Am. Ord. 87-8, passed 5-11-87; Am. Ord. 88-9, passed 4-18-88; Am. Ord. 88-17, passed 6-12-88; Am. Ord. 89-4, passed 4-3-89; Am. Ord. 89-15, passed - -89; Am. Ord. 93-23, passed 6-21-93; Am. Ord. 94-17, passed 8-15-94; Am. Ord. 94-30, passed 12-19-94; Am. Ord. 97-08, passed 3-17-97; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 99-23, passed 6-21-99; Am. Ord. 00-36, passed 10-16- 00; Am. Ord. 00-47, passed 12-18-00; Am. Ord. 17-01, passed 4-16-01; Am. Ord. 01-34, passed 7-16-01; Am. Ord. 02-48, passed 10-21-02; Am. Ord. 06-06, passed 2-6-06; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 07-21, passed 7-16-07; Am. Ord. 08-21, passed 6-16-08; Am. Ord. 08-27, passed 7-21-08; Am. Ord. 11-35, passed 12-19-11; Am. Ord. 12-09, passed 3-19-12; Am. Ord. 12-14, passed 4-16-12; Am. Ord. 12-33, passed 10-15-12; Am. Ord. 13-23, passed 6-17-13; Am. Ord 14-28, passed 10-6-14; Am. Ord. 17-15, passed - - ; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Ord. 22-49, passed 7-11-22; Am. Ord. 24-05, passed 2-19-24; Am. Ord. 24-25, passed 8-19-24) Penalty, see § 10.80
§ 92.103 SCD SHOPPING CENTER DISTRICT.
(A) The purpose of a Shopping Center District is to provide an orderly arrangement of convenience and comparison shopping outlets along with adequate off-street parking and other amenities.
(B) In a Shopping Center District, land shall be used hereafter, and buildings when constructed, altered, extended, or used, shall be used for one or more of the following uses, and according to the conditions herein specified for approval prior to use.
(1) Accessory and related uses.
(2) Adult gaming establishment.
(a) Adult gaming establishments shall not be located in the same building or property where any place of worship, any public or private school, any licensed child day care facility, or any other existing adult gaming establishment is located. Adult gaming establishments shall also not be placed on properties within 500 feet of any of the aforementioned uses, measured by a straight line from nearest point of property line to nearest point of property line.
(b) Access. All adult gaming establishments shall be open and visible from the front interior of the establishment. At all times while open for business and while patrons are on the premises, adult gaming establishments shall be open for direct, unobstructed access by police officers, fire department personnel, development services department staff and emergency response personnel. Entrance doors shall remain unlocked at all times while patrons are on the premises. Police officers, fire department personnel, development services and emergency response personnel shall have direct access to the premises without requiring assistance from an employee, agent, or owner of the establishment.
(c) Hours of operation. No person or entity engaged in adult gaming establishments shall engage in the business before 10:00 a.m. or after 12:00 midnight Monday through Saturday and shall not engage in business before 1:00 p.m. or after 12:00 midnight on Sundays. No playing on any device shall be allowed during the times when computer gaming establishments are required by this chapter to remain closed.
(d) Age restrictions. No adult gaming establishment shall allow, permit, or condone any person under the age of 18 to engage in adult gaming operations or supervise operation of machines.
(e) Signage. Adult gaming establishments shall prominently post the rules of their games.
(f) Maximum number. The maximum number of terminals/computers/ machines/gaming stations or total number of patrons using gaming apparatus at one time within an adult gaming establishment is 20.
(g) In addition to all applicable enforcement procedures permissible by city code, any violation of the aforementioned conditions shall be punishable by a fine of up to $1,000 for the first violation and $5,000 for each subsequent violation. Each successive day a particular violation occurs shall be considered a unique violation incident. Notice of violation and citation shall be sent to parties in accordance with notification procedures in Chapter 10. When more than five violation incidents occur in any calendar year the use shall be terminated and shall be prohibited anywhere on the property for one year from date of closure. Closure shall be enforceable by the Albemarle Police Department.
(3) Alcoholic beverages, packaged, retail sales.
(4) Automobile parking lots and structures.
(5) Bakeries, where the products are sold exclusively at retail on the premises only.
(6) Banks and other financial institutions, including loan and finance companies.
(7) Barber and beauty shops.
(8) Bowling alleys.
(9) Dairy bars and ice cream manufacturing for retail sales on the premises only.
(10) Dry cleaning and laundry pick-up stations and dry cleaning plants as described in § 92.099(B)(9).
(11) Floral shops, but not commercial greenhouses.
(12) Food stores, retail only, but excluding the killing and dressing of any flesh or fowl.
(13) General gaming establishment.
(14) Jewelry repair shops.
(15) Launderettes and laundromats.
(16) Libraries, museums, and art galleries.
(17) Medical and dental clinics and laboratories.
(18) Offices, business, professional, and public.
(19) Office supplies and equipment, sales and service.
(20) Opticians and optical goods stores.
(21) Photographic studios and camera supply stores.
(22) Physical culture and reducing salons or similar establishments, excluding massage parlors and related businesses subject to the provisions of Chapter 63 of this code.
(23) Printing and reproduction establishments.
(24) Radio and television repair shops.
(25) Restaurants, but not drive-in restaurants.
(26) Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, books and stationery, magazine, candy, tobacco, pet and hobby, and craft stores, but not excluding similar retail outlets.
(27) Service stations, but not including major repair work, provided that gasoline pump islands shall be located at least 15 feet behind the property line, and that pump island canopies may be constructed to extend to the street right-of-way.
(28) Sexually oriented business subject to the following conditions and restrictions:
(a) Spacing from other sexually oriented business. No such business shall locate within 1,200 feet of any other adult oriented business, as measured in a straight line from property line to property line;
(b) Spacing from other uses. No sexually oriented business shall be located within 1,000 feet of a church, public or private elementary school, child day care or nursery school, public park, residentially zoned property, or any establishment with an on premise ABC license, as measured in a straight line from property line to property line;
(c) Maximum area. The gross floor area of any adult oriented establishment shall not exceed 3,000 square feet;
(d) Prohibition of sleeping quarters. Except for an adult motel/hotel, no adult oriented business may have sleeping quarters;
(e) Restriction of uses on the same property or in the same building, structure, or portion thereof. There shall not be more than one sexually oriented business in the same building, structure or portion thereof. No other principal or accessory use may occupy the same building, structure, property, or portion thereof with any sexually oriented business;
(f) No exceptions from the location requirement of sexually oriented businesses. The Albemarle Zoning Board of Adjustments shall have no authority to grant a variance from the separation standards set forth in (a), (b), (c), (d), and (e) above.
(29) Shoe repair and shine shops.
(30) Skating rinks.
(31) Tent services conducted by church. Church services conducted temporarily in a tent when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(32) Tailoring, dressmaking, and millinery shops.
(33) Theaters.
(34) Churches and related uses.
(35) Pilot plant manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and not employing more than 50 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses, provided, that off-street parking is provided for all employees, visitors, and loading operations.
(36) Drop-in short-term child care.
(C) Area requirements for shopping center districts are as follows.
(1) No SCD shopping center shall contain less than four acres.
(2) No land in an SCD category shall be across a street from the commercially-zoned land to which it is added.
(3) Where a planned shopping center is proposed for a location not already designated as a Shopping Center District, the procedure for obtaining a rezoning of the area to SCD shall require the submission of a development plan as described in division (D) below, as well as the regular amendment procedure set forth in § 92.100.
(D) In a Shopping Center District, the owner or developer shall submit a development plan at a scale of not less than one inch to 100 feet, to the Planning Board, showing the following.
(1) Dimensions of the property and adjacent lots and streets.
(2) Location and proposed use of all buildings with dimensions and ground area thereof.
(3) The parking area with spaces, channelization, and ratios shown.
(4) Service areas, off-street loading facilities, service drives, and dimensions thereof.
(5) All pedestrian ways and canopies.
(6) Title, giving the names of the developers, the date, scale of the plan, and the person or firm preparing the plan.
(7) Landscaping and proper buffers between adjacent uses.
(E) No building permit shall be issued for any building in a Shopping Center District until a development plan is approved by the City Council. No building permit shall be issued for any building not shown first on the approved development plan unless changes have been submitted to the Planning Board and the Council for approval, at which time the Building Inspector may issue building permits based on the revised development plan. Actual construction shall begin within one year from the date final approval is granted. In the event the Planning Board and the Council find that the intent of this section has not been met or construction has not begun within one year, resubmission of the development plan shall be required. It is not the intent of this section to prohibit a reasonable extension of the one year limit by the Council.
(F) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: colleges; universities; technical institutes; public elementary and secondary schools; private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above; the collection of nonhazardous materials such as aluminum cans, glass, and paper, provided that adequate packing is provided, no litter or trash is allowed, and there is no outside storage; beach bingo as defined in G.S. § 309.6(6), provided that at each establishment where operated there shall be one parking space for each four seats provided for patron use plus one parking space for each 100 square feet of floor or ground area used for amusement or assembly, but not containing fixed seats; auto sales, new and used; telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances, and billiard halls and they shall be located not less than 1,500 feet from any other existing bar and/or billiard hall measured in a straight line from the nearest point of the property line to nearest point of the property line; and battered group care facilities.
(‘58 Code, § 19-88) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-4, passed 6-25-79; Am. Ord. 79-12, passed 8-20- 79; Am. Ord. 80-9, passed 5-19-80; Am. Ord. 87-16, passed 7-20-87; Am. Ord. 88-9, passed 4-18-88; Am. Ord. 88-17, passed 6-12-87; Am. Ord. 89-4, passed 4-3-89; Am. Ord. 91-3, passed 1-28-91; Am. Ord. 92-24, passed 8-19-92; Am. Ord. 93-23, passed 6-21-93; Am. Ord. 97-08, passed 3-17-97; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 98-24, passed 6-15-98; Am. Ord. 99-40, passed 8-2-99; Am. Ord. 00-47, passed 12-18-00; Am. Ord. 01-18, passed 4-16-01; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 17-15, passed - - ; Am. Ord. 18-31, passed 9- 4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-05, passed 2-19-24) Penalty, see § 10.80
§ 92.104 MUSCD MIXED USE SHOPPING CENTER DISTRICT.
(A) The purpose of a Mixed Shopping Center District is to provide an adaptive reuse for existing shopping centers in single ownership.
(B) In a Mixed Use Shopping Center District, land shall be used hereafter, and buildings when constructed, altered, extended, or used, shall be used for one or more of the following uses:
(1) All uses permitted in SCD Shopping Center District.
(2) Bowling alleys, skating rinks, and other commercial recreation facilities.
(3) Business colleges, barber and beauty shops, art schools, music, and dance studios.
(4) Electric shops.
(5) Pawn shops.
(6) Secondhand stores and swap.
(7) Pilot plant manufacturing not involving chemical process, noise, odor, smoke, or other environmental pollution, and not employing more than 50 people, to be conducted in an existing building originally constructed for other permitted uses in this district but no longer suitable for the commercial uses; provided, that off street parking is provided for all employees, visitors, and loading operations.
(8) Drop-in short-term child care.
(C) Area requirements for Mixed Use Shopping Center Districts are as follows: where a planned Mixed Use Shopping Center is proposed, the procedure for obtaining a rezoning of the area to MUSCD shall require the submission of a development plan as described in division (D) below, as well as the regular amendment procedure set forth in § 92.140.
(D) In a Mixed Use Shopping Center District, the owner or developer shall submit a development plan drawn to scale, to the Planning Board, showing the following:
(1) Dimensions of the property.
(2) Location of all buildings with dimensions.
(3) Parking area with spaces and ratios.
(4) Internal traffic flow.
(5) Current and proposed driveways.
(E) No building permit shall be issued for any building in a Mixed Use Shopping Center District until a development plan is approved by the City Council. No building permit shall be issued for any building not shown first on the approved development plan unless changes have been submitted to the Planning Board and the Council for approval, at which time the Building Inspector may issue building permits based on the revised development plan. Actual construction shall begin within one year from the date final approval is granted. In the event the Planning Board and the Council find that the intent of this section has not been met or construction has not begun within one year, resubmission of the development plan shall be required. It is not the intent of this section to prohibit a reasonable extension of the one-year limit by the Council.
(F) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: all special uses permitted in the GHBD/General Highway Business District and the SCD/Shopping Center Districts and according to the conditions therein specified for approved prior to use, including telecommunication towers and facilities complying with the provisions of § 92.075 of the City Code of Ordinances.
(Ord. 90-10, passed 8-6-90; Am. Ord. 93-23, passed 6-21-93; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 00-47, passed 12-18-00; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-25, passed 8-19-24)
§ 92.105 HMD HOSPITAL-MEDICAL CENTER DISTRICT.
(A) The regulations of the HMD Hospital-Medical Center District are intended to provide for a restricted Hospital-Medical Center District and related facilities.
(B) The following uses are permitted.
(1) Accessory and related uses.
(2) Churches and their customary related uses, except cemeteries. Services to be conducted temporarily in a tent shall be allowed on church property as a customary related use when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(3) Floral shops.
(4) Hospitals, sanitariums, and health centers, and their related uses.
(5) Medical and dental clinics and laboratories.
(6) Opticians and optical services.
(7) Optometrists and chiropractors.
(8) Pharmacies, and apothecary stores with fountains.
(9) Level IV treatment facilities for mental rehabilitation for minor children up to 17 years of age.
(10) Specialized community residential center for individuals with developmental disabilities, with lodging facilities for visitors.
(11) Restaurants.
(12) Event center/assembly hall.
(13) Inpatient rehabilitation facilities when located at least one half mile from the same use.
(14) Orphanages and adoption care facilities.
(15) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: colleges, universities, technical institutes, public elementary and secondary schools, and private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above; and telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances.
(‘58 Code, § 19-89) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-4, passed 6-25-79; Am. Ord. 79-5, passed 4-23-79; Am. Ord. 79-12, passed 8-20-79; Am. Ord. 87-8, passed 5-11-87; Am. Ord. 97- 58, passed 1-5-98; Am. Ord. 05-11, passed 3-21-05; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 92-082, passed 8-17-09; Am. Ord. 16-09, passed 4-4-16 ; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22; Am. Ord. 24-25, passed 8-19-24) Penalty, see § 10.80
§ 92.106 LID LIGHT INDUSTRIAL DISTRICT.
(A) The LID Light Industrial District is designed to accommodate industries and warehousing operations which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential and business districts.
(B) The following uses are permitted.
(1) A building or group of buildings that contain varying sizes of individual, compartmentalized, controlled, and exterior-accessed stalls or lockers for the dead storage of non-hazardous materials. No business activities other than the rental storage units shall be conducted premises; provided however, that storage units shall be enclosed by a fence not less than six feet in height.
(2) Aluminum can and glass bottle collection, crushing, and distribution.
(3) Automobile sales, new and used.
(4) Automobile parking lots and structures.
(5) Bakeries and other establishments manufacturing prepared food products for wholesale distribution.
(6) Boat works and sales.
(7) Bottling works.
(8) Building materials and equipment sales, including open storage when fenced.
(9) Cabinet, woodworking, and upholstery shops.
(10) Circuses and carnivals.
(11) Clothing and textile manufacturing.
(12) Contractors' offices and storage yards, provided open storage is enclosed by a fence of at least eight feet in height.
(13) Customary accessory uses and structures including open storage, provided the area devoted to open storage is enclosed by a fence at least eight feet in height.
(14) Dairy products processing and distributing facilities including dairy bars.
(15) Dry cleaning and laundry plants.
(16) Electrical appliances and electronic equipment manufacturing.
(17) Electrical supplies and equipment sales, and service.
(18) Farm machinery, assembly, sales, and repairs.
(19) Furniture manufacturing.
(20) Glass and mirror shops, venetian blind and awning shops, tile companies, and similar building specialties outlets.
(21) Greenhouses and horticultural nurseries.
(22) Industrial supplies and equipment, sales, and service.
(23) Industrial trade schools, research laboratories.
(24) Light manufacturing or processing not otherwise named herein, provided no operations are carried on, or are likely to be carried on which will create smoke, fumes, noise, odor, or dust which will be detrimental to the character of the district or to the health, safety, or general welfare of the community.
(25) Leather products and luggage manufacturing.
(26) Lumberyards, building materials storage, and sales, including open storage when fenced.
(27) Paper goods manufacturing and distributing.
(28) Pharmaceutical manufacturing and distributing.
(29) Plumbing and heating supply houses, including open storage when fenced.
(30) Precision instrument manufacturing.
(31) Printing, publishing, and reproducing establishments.
(32) Public safety facilities, subject to the conditions listed under § 92.093(C)(5), relative to public safety facilities.
(33) Public works and public utility facilities subject to the conditions listed under § 92.093(C)(6), relative to public utility facilities.
(34) Railroad stations and yards.
(35) Service stations and automobile repair garages, including body works, but excluding open storage of wrecked vehicles. However, no portion of a service station building nor any of its equipment shall be nearer than 15 feet to the street right-of-way.
(36) Sign painting and fabricating shops.
(37) Trucking terminals, transfer companies.
(38) Vending companies.
(39) Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives.
(40) Wholesale storage of gasoline and oil products, including bottled gas and oxygen.
(41) Church services conducted temporarily in a tent when off-street parking is provided and a permit is obtained from the City Fire Department as required by § 29.1 of the Fire Prevention Code. Any person or organization desiring to conduct tent services shall first file an application with the City Clerk stating the location, date, time, duration, and size and capacity of the tent.
(42) Bowling alleys.
(43) Skating rinks.
(44) Baseball and golf driving ranges.
(45) Miniature and par-three golf courses.
(46) Mechanical rides.
(47) Riding stables.
(48) Commercial recreational facilities.
(49) Offices, business, professional and public.
(50) Auction houses where all sales are conducted within an enclosed structure and non goods or wares are stored or displayed on the premises outside the auction house and there is provided one space of off-street parking for each four seats of patron use plus one space for each 100 square feet of floor space not containing seats.
(51) Feed and seed stores.
(52) Garden centers and produce markets.
(53) Secondhand stores and swap shops.
(54) Skateboarding (indoor and outdoor except upon any public sidewalk and street as prohibited by G.S. § 82-37.1.
(55) Inflatables (indoor and outdoor).
(56) Paintball (indoor and outdoor).
(57) Batting cages (indoor and outdoor).
(58) Zip-line (indoor and outdoor).
(59) Rock climbing (indoor and outdoor).
(60) Laser tag (indoor and outdoor).
(61) Micro-brewery.
(62) Brewery.
(63) Tasting room (accessory use for retail beer or wine store - indoors, if allowed by state regulations).
(64) Automotive rentals (car and truck).
(65) Boarding kennel, provided no outdoor kennels are allowed.
(66) Crematory.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: colleges, universities, technical institutes, public elementary and secondary schools, and private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above; automobile towing and temporary storage services; go-cart tracks; flea market - outdoor; and telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances.
(‘58 Code, § 19-92) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-12, passed 8-20-79; Am. Ord. 80-3, passed 3-3-80; Am. Ord. 81-3, passed 3-16-81; Am. Ord. 87-8, passed 5-11-87; Am. Ord. 90-13, passed 7-17-90; Am. Ord. 94-30, passed 12-19-94; Am. Ord. 96-23, passed 9-16-96; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 00-36, passed 10-16-00; Am. Ord. 06-06, passed 2-6-06; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 07-15, passed 5-21-07; Am. Ord. 09-35, passed 10-19-09; Am. Ord. 12-33, passed 10-15-12; Am. Ord. 14-28, passed 10-6-14; Am. Ord. 14-38, passed 12-1-14; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.107 HID HEAVY INDUSTRIAL DISTRICT.
(A) The HID Heavy Industrial District is designed to accommodate all but the most obnoxious industries. However, it is expected that industries permitted here by right will minimize their emission of smoke, dust, fumes, glare, noise, and vibrations.
(B) The following uses are permitted.
(1) Any use permitted in the LID Light Industrial District.
(2) A building or group of buildings that contain varying sizes of individual, compartmentalized, controlled and exterior-accessed stalls or lockers for the dead storage of nonhazardous materials. No business activities other than the rental of storage units shall be conducted on the premises.
(3) Airports.
(4) Aluminum can and glass bottle collection, crushing, and distribution.
(5) Veterinary facilities.
(6) Automobile junkyards and scrap metal dealers, provided that the premises are enclosed by a solid fence not-less than ten feet in height.
(7) Automobile repair garages, including body works, but excluding open storage of wrecked cars unless they are enclosed by a fence not less than ten feet in height.
(8) Bedding and carpet manufacturing and cleaning establishments.
(9) Brick, tile, and pottery yards.
(10) Bus repair and storage terminals.
(11) Chemical manufacturing, household or industrial.
(12) Coal and wood yards, pole treating plants.
(13) Cotton gins, cotton waste, and rag processing.
(14) Customary accessory uses and structures including open storage.
(15) Feed and seed stores.
(16) Fertilizer manufacturing.
(17) Flour and feed mills.
(18) Foundries producing iron, steel, copper, brass, and aluminum products.
(19) Hatcheries.
(20) Ice and cold storage plants, freezer lockers.
(21) Livestock sales barns.
(22) Machine and welding shops.
(23) Machine tool manufacturing.
(24) Manufacturing uses not otherwise named herein upon the review by the Planning Board and approval by the City Council, provided that no use shall be permitted in this district which is likely to be dangerous, offensive, or detrimental to the health, safety, welfare, or general character of this zoning district, or of the community by reason of the emission of dust, smoke, gas, noise, fumes, odors, vibration, glare, or usual threat of fire or explosion. However, potentially obnoxious uses may be allowed in this district, provided the applicant submits detailed plans indicating proposed control methods.
(25) Meat packing and poultry processing plants.
(26) Metal fabricating plants, including boiler and tank works.
(27) Mixing plants for concrete or paving materials, the manufacturing of concrete products.
(28) Monument works and sales.
(29) Plastics, rubber, and glass products manufacturing.
(30) Public works and public utilities facilities, including service and storage yards.
(31) Quarries.
(32) Radio and television stations and towers.
(33) Sawmills, planing mills, and wooden box factories.
(34) Sheet metal, roofing, plumbing, heating, and refrigeration shops.
(35) Tire recapping shops.
(36) Crematory.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: colleges, universities, technical institutes, public elementary and secondary schools, and private schools having curricula substantially the same as offered in public schools and including dormitories when located on the campus of any of the above; automobile towing and temporary storage services; flea market - outdoor; and telecommunication towers and facilities complying with the provision of § 92.075 of the City Code of Ordinances.
(‘58 Code, § 19-93) (Ord. 79-1, passed 1-15-79; Am. Ord. 79-12, passed 8-20-79; Am. Ord. 81-3, passed 3-16-81; Am. Ord. 97-58, passed 1-5-98; Am. Ord. 06-06, passed 2-6-06; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 07-15, passed 5-21-07; Am. Ord. 14-28, passed 10-6-14; Am. Ord. 14-38, passed 12-1-14 ; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.108 NORTHEAST CORRIDOR OVERLAY DISTRICT.
(A) Purpose and intent. The Northeast Corridor (NEC) Overlay District (defined as a set of zoning requirements, described in the text, mapped, and imposed in addition to those of the underlying district) provides additional requirements along the Northeast Corridor which are designed to promote, preserve, and protect the health, safety, and welfare of residents and property owners, enhance the aesthetics of subsequent development, and move vehicular traffic around the City of Albemarle. These provisions are based, in part, on the following findings:
(1) Corridor development should not detract from development opportunities downtown;
(2) The standards will encourage new buildings, promote landscaping intended to beautify the corridor, and add a source of pride to the community's development efforts; and
(3) The standards will help to ensure that travelers and residents who use this corridor will find the view aesthetically pleasing while enjoying minimal traffic disruptions, note the added landscaping helps beautify the corridor, and appreciate the tree preservation efforts in conjunction with development, all in an effort to promote neighborhood pride.
(B) The Northeast Corridor Area.
(1) Existing development. Existing single-family homes with access to the NEC are exempt from these regulations; moreover, expansions and reconstruction after demolition or destruction of residential uses are also exempt. Expansions and reconstruction after demolition or destruction of any other uses with comparable access must comply with the standards.
(2) New development.
(a) All new development shall submit site plans, landscaping plans, and buildings plans for review by the Staff Review Committee prior to being forwarded for a recommendation by the Albemarle Planning Board and approval by the City Council. The Staff Review Committee will evaluate the design of new structures in terms of the degree to which they enhance the attractiveness of development and preserve the view along the corridor. Particular attention shall be paid to projects proposed in heavily wooded existing areas to ensure that subsequent development is compatible with tree preservation efforts.
(b) Projects that lie within the corridor, that are more than 200 feet from the corridor centerline, and are provided with access from properties to the rear of the proposal are exempt from these provisions. Projects that lie within the corridor, are less than 200 feet from the corridor centerline, and are provided with access from properties to the rear of the proposal shall come under these provisions. Projects that lie within the corridor, have some portion of the development within 200 feet of the corridor centerline and the remainder beyond 200 feet, and are provided access to the corridor, shall come under these provisions.
(3) Permitted uses.
(a) Permitted uses in the underlying R-10 General Residential District are allowed. However, potential new individually sited single-family residential development with possible access to the corridor is strongly encouraged to consider the merits of only one entrance/exit way (i.e., a modest sized subdivision) so as to control the number of curb cuts along the corridor and thus contribute to the unimpeded movement of traffic. Otherwise, single-family residential development is exempt. More intensive development, as in the possible rezoning to N-S Neighborhood Shopping District (available to the developer with certain developmental intentions) is required to meet minimum acreage requirements to create a campuslike development with access unavailable off the corridor. Property owners contemplating property development near an existing or possible intersection of the NEC are encouraged to consolidate landholdings to quality for the N-S (Neighborhood Shopping) zoning classification.
(b) Permitted uses in the underlying HI and LI Districts are allowed. However, due to the nature of this type of development, the Staff Review Committee may make any reasonable departure recommendations from this section to the Planning Board.
(4) Special uses. The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: The special uses allowed the underlying R-4 High Density Residential Districts.
(5) Architectural design.
(a) Building scale. Buildings shall promote the following architectural characteristics:
1. Display windows on ground level;
2. The use of cornice canopies, balconies, and arcades to delineate between the ground level and upper levels; and
3. Medium sized buildings to be broken into smaller scale components at the ground level.
(b) Building materials. Brick, wood, stone or substantially complementary materials; shingles are the preferred roofing materials;
(c) Roofs. New construction shall have sloped or pitched roofs. The roof shape may be gable, hip, gambrel, or mansard. Flat roofs are prohibited.
(d) The front facade. It shall enhance the pedestrian environment and scale by use of features as porches, columns, and cornices. Solid walls and blank exteriors are prohibited.
(e) Windows. Reflective glass and band windows are prohibited. The sidewalls of buildings on corner lots shall have windows similar to the front facade.
(f) Maximum building height. Two and a half (two 1/2) stories except for churches, which must comply with the underlying district requirements.
(g) Entrances. The main entrances to all buildings shall be oriented to the street frontage. Where impractical, the front facade is expected to be "welcoming" in appearance, i.e., attractive windows, canopies, awnings, cornices, and other architectural details. Solid walls and blank exteriors are prohibited.
(h) Color. The predominant color of the building shall be of a tone which is compatible with surrounding buildings. Earth tones are encouraged and bright colors shall only be used as accents to the overall buildings, unless the company theme utilizes contrasting colors.
(5) Landscape features and exterior structures.
(a) Exterior improvements. Features such as decorative fences, utilities, outdoor furniture, signs, and displays shall be compatible with the mass and scale of such other improvements elsewhere in the area. Chain link fences are expressly prohibited except where adequately screened.
(b) Service areas and utilities. Service areas are to be to the rear or side of buildings in a visually unobtrusive location and are to be appropriately screened by decorative fencing, walls, or landscape materials.
(c) Parking. All parking must be located to the side or rear of buildings. The NEC shall be considered as the "front" for where such is oriented toward the corridor; otherwise, development far enough off the NEC shall be considered to "front" on another street. For landscaping, see City of Albemarle's Landscaping of Parking Lots ordinance.
(d) Utilities. All service lines to new structures shall be placed underground except where prohibited by the utility provider. Should that be the case, every effort will be made to have the service lines placed along the rear of the buildings so as to minimize their visual impact.
(e) Signs prohibited:
1. Exterior neon signs;
2. Off-premises signs; and
3. Flashing or moving message signs.
(f) Neighborhood shopping district restrictions:
1. Only one shopping center identification sign, not to exceed 200 square feet (on which the names of all businesses within are placed) is permitted; the sign height (from ground level to the upper most dimension), shall not exceed 15 feet;
2. Only one of the following signs is permitted for each tenant per each exposed wall, awning, projecting, or wall;
3. Total face of wall sign area shall not exceed 125% of the area of the copy area; and
4. The material and design of a sign shall be in keeping with the character of the principal use of the site.
(g) Driveway connections. Where practicable, shared driveway connections to new residential and commercial properties along the NEC with cross access agreements are encouraged. When, in the subsequent purchase of lots along the NEC, two or more contiguous lots are created, accessibility shall be provided by one curb cut. Any subsequent sale of a portion of the tract shall encompass a shared driveway. Note: This is intended to ensure that due diligence will be paid to the desired standard of 500 feet between new curb cuts.
(h) Stub street connections to adjacent properties may be required.
(i) Lighting. Free standing exterior lights, higher than 12 feet in height shall be of the "shoe box" type or otherwise shielded to eliminate direct glare to adjacent properties.
(j) Parking lots. All offstreet parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area, in accordance with the design standards of the City of Albemarle Engineering Department. For landscaping requirements, see the City of Albemarle's Landscaping of Parking Lots ordinance.
(k) Building setbacks. Applicable properties within the corridor overlay zone that are under the NS District provisions must maintain front building setbacks equal to or greater than ten feet; all other setbacks are the same as the underlying zoning district.
(l) Acceleration and deceleration lanes. Depending upon the size of the project and its expected impact upon traffic flow along the corridor, the Staff Review Committee may require of the developer the addition of a deceleration lane approaching the project and/or an acceleration lane leaving.
(6) Tree preservation and care during construction.
(a) Existing trees shall be preserved whenever feasible. Prior to any clearing of the property, a grading permit must be obtained from the Enforcement Officer. A tree preservation plan (required to be submitted by the developer prior to grading of the site and reviewed by the Staff Review Committee) must show that there will be no disturbance in the Critical Root Zone (CRZ). A disturbance is considered trenching, placing backfill in the CRZ, driving or parking equipment in the CRZ, and dumping of trash, oil, paint or other materials detrimental to plant health in close proximity of the tree(s). When selecting which trees to preserve, the following shall be considered: existing and proposed grading; age, condition, and type of tree; and location of site improvements and utility connections. Minimum size requirement to qualify for tree preservation is four inches in diameter at breast height (DBH).
(b) Should any tree designated for preservation in the tree preservation plan which is removed without a tree removal permit or which dies at anytime after approval of the plan or issuance of a Certificate of Occupancy, the owner shall replace the removed tree(s) 60 days, in accordance with the schedule below. In the event of a restricted site, the owner shall request review by the Staff Review Committee as to the most appropriate action to take.
1. Trunk Size:
Trunk Size of Removed Tree (in inches) | Number of Replacement Trees | Trunk Size of Replacement Tree at DBH |
4-9 | 3 | 2 1/2" |
10-15 | 5 | 2 1/2" |
16-21 | 7 | 2 1/2" |
22-27 | 9 | 2 1/2" |
28-33 | 11 | 2 1/2" |
34+ | 13 | 2 1/2" |
2. Replacement trees. Replacement trees shall be healthy and of a quality and species approved by the Department of Public Works and planted in accordance with accepted landscaping practice or in accordance with planting guidelines adopted by the city from time to time. A list of approved species of trees shall be kept and made available by the Department of Public Works.
(c) Failure to replace trees.
1. If replacement trees are not planted within 60 days after the removal of a tree without a permit, or in violation of a permit, the city may, at its option, replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the unpermitted removal of the tree. Any such charge to a property owner which remains unpaid 60 days after the invoice date shall constitute a lien against the property, which may be recorded and foreclosed in accordance with standard procedures;
2. In addition to the replacement requirements above, for each tree which is preservable or designated for preservation which is removed without, or in violation of a tree removal permit, the person or entity removing the tree shall pay compensation to the city in the amount of the assessed value of the tree. If the property owner replaces the tree, the assessed value payment, shall be reduced by the costs associated with replacing the tree. The money shall be used by the city to plant trees on parkways or elsewhere within the city; and
3. In addition to providing or paying for trees, violators of this section may be fined up to $500 for each tree removed without, or in violation of, a permit or preservation plan.
(d) Fees. A fee to be established by the City Council shall be charged for each tree removal permit to cover the cost of staff review and prior identification. A single permit may authorize the removal of more than one tree, but shall only apply to a single parcel of land.
(7) Landscaping and design standards for street yards.
(a) A street yard consists of the buffer area parallel to the NEC designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a pleasing view from the road. The planting of trees within this yard shall be the responsibility of the property owner.
(b) Street yards shall have a depth of 30 feet from the NEC R-O-W.
(c) Street yards shall contain one shade tree/35 linear feet or one ornamental tree/25 linear feet, except in the case of a conflict with utility lines. These trees shall be generally equally distributed along the street frontage, but they are not required to be at absolute equal intervals. This will allow for some flexibility in design while discouraging long intervals without trees.
(d) Shrubbery may be planted in clusters where trees are not practical.
(e) Not more than 20% of the street yard may be used for walkways.
(f) Parking, merchandise display and off-street loading are prohibited in the street yard.
(g) No tree or shrub shall be planted within the sight triangle without the prior approval of the City Engineering Division.
(8) Site plan submittal requirements. In order for a plan to be reviewed, a site plan at no greater than 1" = 20' scale, containing the following information must be submitted to the Staff Review Committee:
(a) General location, type, and quantity of existing plant materials;
(b) Existing plant materials and areas to be left in natural state;
(c) Methods and details for protecting existing plant materials during construction and the approved erosion control plan, if required;
(d) Locations, size and labels for all proposed plants;
(e) Plants lists with common name, quantity, and spacing and size of all proposed landscape material at the time of planting;
(f) Location and description of other landscape improvements, such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courtyards or paved areas;
(g) Planting and installation details as necessary to ensure conformance with all required standards;
(h) Location and type of irrigation system, if applicable;
(i) Location of any proposed buildings;
(j) Layout of parking and traffic patterns;
(k) Location of overhead and underground utilities;
(l) Location of signage;
(m) Connections to exiting streets;
(n) Zoning designation of adjacent properties; and
(o) Site plan shall be drawn to scale and include a North arrow and necessary interpretive legends.
(9) Landscaping definitions. The following definitions shall apply to the regulation and control of landscaping within this article:
(a) Caliper. A standard trunk diameter measurement for nursery grown trees taken six inches above the ground up to and including four inch caliper size, and 12 inches above the ground for larger sizes.
(b) Critical root zone (crz). A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The critical root zone is one foot of radial distance for every inch of tree DBH, with a minim of eight feet.
(c) DBH. Diameter-at-breast height is the tree trunk diameter measured in inches at a height of four and one-half feet above the ground.
(d) Deciduous. Those plants that annually lose their leaves.
(e) Drip line. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
(f) Landscaping. The process or product of site development including grading, installation of plant materials, and seeding of turf.
(g) Ornamental tree. A small to medium tree, growing 15 to 40 feet in height at maturity, that is planted for aesthetic purposes such as colorful flowers, interesting bark, or fall foliage.
(h) Planting area. The area prepared for the purpose of accommodating the planting of trees, shrubs, and goundcovers.
(i) Planting yard. The required installation of landscaping and screening material between zoning district and sometimes individual uses.
(j) Shade tree. A large tree growing to over 40 feet in height at maturity, usually deciduous, that is planted to provide canopy cover shade.
(k) Staff Review Committee. A committee consisting of a minimum of three staff members, designated by the City Manager, to review and approve plans submitted for alternate methods of compliance.
(l) Street tree. A tree planted along the street behind the right-of-way.
(m) Street yard. A buffer area parallel to the NEC designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a pleasing view from the road.
(10) Landscape standards and specifications.
(a) The developer shall furnish and install all plant materials listed on the plan schedule.
(b) Plant materials shall conform to the requirements described in the latest edition of American Standard for Nursery Stock, which is published by the American Association of Nurserymen.
(c) Plant materials must be from an approved species list or approved by the City of Albemarle Director of Public Works or his designee.
(d) Shade trees must be a minimum of two inches in caliper. Ornamental trees must be a minimum of six feet in height at the time of planting (six feet from top of root ball to top of tree).
(e) No tree may be planted in the sight triangle without the prior approval of the Director of Public Works.
(f) Do not use staking materials unless it is absolutely necessary. If staking is necessary, then the developer/property owner must remove the staking material after one growing season.
(g) Property owners will ensure the survival and health of required trees in perpetuity. If any plant material dies, it must be replaced by the property owner within 60 days. The City of Albemarle Director of Public Works or his designee may be consulted to determine the proper time to move and install plant material so that stress to the plant is minimized. A temporary Certificate of Occupancy may be issued when extremes in weather or soil conditions are not favorable to landscaping.
(h) The developer shall ensure that all plant pits, vine pits, hedge trenches, and shrub beds are excavated as follows:
1. All pits shall be generally circular in outline, with vertical sides. The tree pit shall be deep enough to allow one-eighth of the ball to be above existing grade. Soil within the planting areas shall be free of rock, debris, inorganic compositions and chemical residues detrimental to plant life. Soil shall be compatible with the composition of the existing sub-soil and sufficiently blended to ensure adequate exchange of air and water between the planting area and the adjacent soil strata. Plants shall rest on well-compacted surface. The tree pit shall be a minimum of nine inches larger on every side than the ball of the tree; and
2. If areas are designated as shrub beds or hedge trenches, they shall be cultivated to at least 18 inches in depth. Areas designated for ground covers and vines shall be cultivated to at least 12 inches in depth.
(i) Each tree, shrub, or vine shall be pruned in an appropriate manner, in accordance with accepted standard practice.
(j) All trenches and shrub beds shall be edged and cultivated to the lines shown on the drawings. The areas around isolated plants shall be edged and cultivated to the fall diameter of the pit.
(k) Existing trees shall be preserved whenever possible.
(l) All planting areas shall be mulched with a two-to-three inch layer of bark, pine needles or other similar material to cover the complete planting area.
(11) Overlay boundary. Being the area lying within the corporate limits of the City of Albemarle,
(a) Bounded on the north side and on the south side by lines measuring the lesser distance of 400 feet or the rear lot line of the parcels of land abutting on the north side and abutting on the south side of the Northeast Connector, of the centerline herein below described; and
(b) Bounded at the beginning point and at the ending point by lines perpendicular to the center line and intersecting the north boundary and the south boundary at a right angle, said center line being described as follows:
Beginning at a point 539.02 feet east of the point of intersection of the center line of U.S. Highway 52 North with the center line of the Northeast Connector and runs eastwardly with the centerline of the Northeast Connector to the point of intersection of the aforesaid center and the Badin Road in the City of Albemarle (See a copy of the Official Zoning Map of the City of Albemarle).
(Ord. 99-43, passed 9-7-99; Am. Ord. 02-01, passed 1-22-02; Am. Ord. 06-08, passed 4-3-06; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
§ 92.109 HISTORIC DISTRICTS AND LANDMARK PRESERVATION.
(A) Purpose. The historical heritage of City of Albemarle is one of our most valued and important assets. The conservation of and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the city. The purpose of establishing a local historic preservation program is:
(1) To safeguard the heritage of the city by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory; and
(2) To promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city and the state as a whole.
(B) Historic district and landmark establishment. Historic districts and landmarks are established through the application of an overlay district which are zoning districts that are applied only in conjunction with other zoning districts, and may grant additional use or development requirements upon the underlying zoning controlling the use and development of a lot to ensure the compatibility and appropriateness of exterior design within the historic district or for the landmark. Overlay districts can be applied to any zoning districts and the boundaries of such overlay shall be shown on the official zoning map of the city. An overlay district can be initiated as an amendment by City Council, Planning Board, Historic Resources Commission, or a property owner.
(C) Designation of historic districts. The City Council may adopt, amend, reject, or repeal ordinances designating historic districts when adoption or amendment is pursuant to the following procedure:
(1) An investigation and report describing the historical, architectural, or archaeological significance of the area included in any such proposed district, and the description of the boundaries of such district has been prepared; and
(2) The North Carolina Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, shall make an analysis of and recommendations concerning such report and description of proposed boundaries. Failure of the Department to submit its written analysis and recommendations to the City Council within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the city of any responsibility for awaiting such analysis, and the City Council may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.
(3) Historic districts shall consist of areas which are deemed to be of special significance in terms of their history, prehistory, architecture and/or culture, and to possess integrity of design, setting, materials, feeling, and association. The conservation of such a district will provide for the education, pleasure and enhancement of the quality of life of all residents of the city.
(4) The City Council shall designate the boundaries of a historic district in accordance with the procedures set forth in § 92.140, Amendment Procedures.
(5) Following the City Council designation and approval of a historic district, the area so designated shall be labeled as an overlay district on the official zoning map with HDO/Historic District Overlay.
(6) With respect to any changes in the boundaries of such district subsequent to its initial establishment or the creation of additional districts within the city, the investigative studies and reports shall be prepared by the Historic Resources Commission and shall be referred to the Planning Board for its review and comment. Changes in the boundaries of an initial district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions as stated in division (C)(2) above.
(D) Designation of landmarks. The City Council may adopt, amend, reject, or repeal ordinances designating historic landmarks that meet the following criteria, when those ordinances contain the following elements and when adoption or amendment is pursuant to the following procedure:
(1) Criteria for designation. No building, structure, site, area, or object shall be recommended for designation as an historic landmark unless it is deemed and found by the Historic Resources Commission to be of special significance in terms of its historical, prehistorical, architectural, archaeological, and/or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
(2) Elements of ordinances designating historic landmarks. Ordinances designating historic landmarks shall contain the following elements which shall:
(a) Describe each property designated in the ordinance, including the approximate area of the property so designated.
(b) List the name or names of the owner or owners of the property.
(c) Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological and/or cultural significance.
(d) Describe the nature of the Commission's jurisdiction over the interior, if any, and those interior features of the property to be reviewed for certificates of appropriateness if they are to be changed.
(e) Require, for each building, structure, site, area, or object designated as an historic landmark that the waiting period set forth in G.S. 160D-949A specifically be observed prior to its demolition.
(f) Recite any other information the City Council deems necessary within the authority conferred by the General Statutes.
(3) Procedure for adopting or amending historic landmark ordinances. Ordinances designating historic landmarks shall be adopted and amended according to the following procedure:
(a) The Historic Resources Commission shall make, or cause to be made, an investigation and report on the historical, prehistorical, architectural, archaeological and/or cultural significance of each building, structure, site, area, or object proposed for designation. Applications prepared by owners will be judged by the same criteria as those prepared by the Commission. Such reports shall contain the following information:
1. The name of the property to be considered for designation, both common and historic names, if they can be determined.
2. The name and address of the current property owner.
3. The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers.
4. The date of construction and of any later alterations, if any.
5. An assessment of the significance of the site or structure pursuant to this section.
6. An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features.
7. An historical discussion of the site or structure within its type, period, and locality.
8. Photographs that clearly depict the property proposed to be designated, including views of all facades, pertinent details and siting.
9. A map showing the location of the property, including any outbuildings and appurtenant features.
10. A clear description of the boundaries.
(b) The Commission shall forward its recommendation to the City Council. The Commission shall refer the report to the State Department of Cultural Resources, Division of Archives and History.
(c) The Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, may make an analysis of and recommendations concerning the report. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 calendar days after a written request for such analysis has been received by the Department, the Commission and the City Council shall be relieved of any responsibility to consider such comments.
(d) The Historic Resources Commission and the City Council shall each hold a public hearing on the proposed ordinance. Written notice of the hearings shall be mailed by the Resources Commission to all owners and occupants of properties with standing in the hearing. For the purposes of this section, owners of property within 100 feet of the location of the subject property(s) shall be considered to have standing, unless evidence is presented at the hearing by the owners of additional properties which with valid claims of substantial impacts exceeding the impact to the district as a whole. The identity and current mailing address of owners shall be ascertained by the exercise of reasonable diligence, including the use of readily available County property records. All such notices shall be published or mailed not less than ten nor more than 25 days prior to the date set for the public hearing. The mailed notices in this division are for the convenience of property owners and occupants, and any defect or their omission therein shall not impair the validity of the public hearing or any action following therefrom.
(e) Following the public hearings, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
(f) Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic landmark shall be given written notification of such designation insofar as reasonable diligence permits. One copy of the ordinance and each amendment thereto shall be filed by the Historic Resources Commission in the office of the County Register of Deeds. Each property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Resources Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the City Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the County Building Inspector.
(g) Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Resources Commission to give notice thereof to the County Tax Assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the Assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the county for such period as the designation remains in effect.
(E) Jurisdiction of Historic Resources Commission. The City of Albemarle Historic Resources Commission, with assistance from city staff, shall be responsible for preserving the city's historic resources within its limits and its extraterritorial jurisdiction on the city's official zoning map. The Commission's composition, procedures and duties shall comply with §§ 21.77 through 21.80 and any other pertinent sections of this code.
(F) Certificates of appropriateness required.
(1)(a) No exterior portion of any building or other structure (including masonry, walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure, nor any type of outdoor advertising sign, nor any tree larger than 18 inches in diameter at four and one-half feet above the ground shall be erected, altered, restored, moved or demolished on a landmark, or within the historic district, until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Resources Commission, or its designee.
(b) However, in the case where a tree may be diseased, severely damaged or undermining property without posing an immediate danger, it can be removed and shall be replaced with a similar type plant material contained on the plant list of the Design standards with a minor works approval. In addition, nothing in this section would prevent the immediate removal of a tree that the Historic Preservation Commission Administrator, Building Inspector or emergency responders deem to be an immediate danger to life or property.
(c) Exterior features shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, exterior features shall be construed to mean the style, material, size and location of all such signs.
(2) Such a certificate shall be issued by the Commission prior to the issuance of a zoning permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. A certificate of appropriateness shall be required whether or not a zoning permit is required. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any such zoning permits or such other permits not issued in conformity with this section shall be invalid.
(3) The landmark or historic district regulation may provide, subject to prior adoption by the Preservation Commission of detailed standards, for staff review and approval as an administrative decision of applications for a certificate of appropriateness for minor work or activity as defined by the regulation; provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Preservation Commission. Other than these administrative decisions on minor works, decisions on certificates of appropriateness are quasi-judicial and shall follow the procedures of G.S. 160D-406.
(G) Criteria to determine appropriateness.
(1) The following review criteria, along with companion design standards found and the standards of the Secretary of the Interior, shall be considered, where relevant, to make findings of fact indicating the extent to which the application for a certificate of appropriateness is or is not congruous with the special character of the designated landmark or district:
(a) Building height.
(b) Walls.
(c) Proportion of width to height of the total building facade.
(d) Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration.
(e) Spacing of buildings, defined as the distance between adjacent buildings.
(f) Building materials.
(g) Surface textures.
(h) Expression of architectural detailing.
(i) Roof shapes.
(j) Scale.
(k) Orientation of the building to the street.
(l) Ground cover or paving.
(m) Signs.
(n) Exterior lighting and appurtenant features.
(2) The Commission shall adopt principles and standards interpreting these criteria for new construction, alterations, additions, moving and demolition of landmarks or properties in the historic district.
(H) Demolition.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the historic district not designated as a local landmark, may not be denied except as provided in division (H)(2) below. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site for cause.
(2) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the state Historic Preservation Officer as having statewide significance, as defined in the criteria of the National Register of Historic Places, may be denied except where:
(a) The Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial; or
(b) The property has been found, after proper inspection, to be a threat to public safety, and the city has adopted a demolition ordinance under the minimum housing code.
(3) If the Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the City Council, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever comes first, per G.S. § 160D- 949, Section A.
(I) Land use, interior arrangement, maintenance, emergency repairs not considered.
(1) Nothing herein shall be construed to prevent a property owner from making any use of his or her property not prohibited by other statutes, ordinances or regulations.
(2) The Commission may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the Commission may enter any private building or structure without express consent of the owner or occupant thereof.
(3) Except as provided in division (I)(4) below, the Commission shall have no jurisdiction over interior arrangement and shall take no action except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs, or other significant features which would be incongruous with the special character of a landmark or of the district.
(4) Notwithstanding division (I)(3) above, the jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned designated landmarks; and of privately owned historic landmarks for which consent for interior review has been given by the owner. The consent of any owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the office of the Register of Deeds, and indexed accordingly to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission's jurisdiction over the interior.
(5) The ordinary maintenance or repair of any exterior architectural feature of a landmark or in the historic district which does not involve a change in design, material, or outer appearance thereof, shall not be prevented by the requirements pertaining to the designated landmark or historic district.
(6) Nothing in this section shall be construed to prevent:
(a) The maintenance, or
(b) In the event of an emergency, the immediate restoration of any existing aboveground utility structure without approval by the Commission.
(7) The construction, reconstruction, alteration, restoration, moving or demolition of any exterior architectural features, which the City Code Inspector or similar official shall certify is required for public safety because of an unsafe or dangerous condition, shall not be prevented by the requirements pertaining to the landmark or the historic district.
(J) Hearing procedures.
(1) The Historic Resources Commission shall receive applications for certificates of appropriateness as required under division (F) above. The Commission shall review such application according to the review criteria, the design standards and the Secretary of the Interior's Standards for Rehabilitation & Illustrated Standards for Rehabilitating Historic Buildings, and shall approve or disapprove such application as provided in division (J)(5) below.
(2) The Historic Resources Commission shall follow the procedures for a quasi-judicial hearing as outlined in § 21.011, except in the case of minor works.
(3) Prior to issuance or denial of a certificate of appropriateness, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. A written notice of the proposal shall be sent to the applicant and to owners of property (i.e., lots, parcels or tracts of land) within 100 feet of the property for which an application for a certificate of appropriateness has been applied for.
(4) The Historic Resources Commission's final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one of the following actions:
(a) Approve the application for a certificate of appropriateness, as proposed;
(b) Approve the application for a certificate of appropriateness, subject to specific conditions and/or modifications of the proposal presented in the application for a certificate of appropriateness;
(c) Disapprove the application for a certificate of appropriateness as proposed or modified.
(5) An appeal of the Commission's action in granting or denying any certificate:
(a) May be taken to the Zoning Board of Adjustment by any aggrieved party;
(b) Shall be taken within times prescribed by the Historic Resources Commission by general rule; and
(c) A petition for review shall be filed with the Clerk of Superior Court by the later of 30 days after the decision is effective, or after a written copy thereof is given in accordance with G.S. 160D-1405. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
(K) Minor works.
(1) "MINOR WORKS" are defined as those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the landmark or property in the historic district. A list of all minor works shall be kept within Commission's historic preservation standards and otherwise made readily available to the public. Any amendments to Commission's designated list of minor works shall be promptly updated in the standards document and anywhere else displayed.
(2) A certificate of appropriateness application, when determined to involve a Commission- designated minor work, may be reviewed and approved by the Historic Preservation Commission Administrator, or other staff member designated to this task by the Director of Planning and Development Services. No official meeting nor advertisement or notification of property owner(s) shall be required prior to approval.
(3) Administrator approvals of applications for minor works shall be based upon Commission's standards. If the Administrator does not issue a certificate of appropriateness because they do not believe the proposed alterations in the application to be congruous with design standards, the applicant will be advised to make a formal application to the Historic Resources Commission for its approval. In such a case, the application shall be procedurally treated as a proposal for a major exterior alteration, added to an agenda and advertised for as required. No application, for either major or minor works, may be denied a certificate of appropriateness without formal action by the Historic Resources Commission.
(L) Certificate of issuance; expiration; enforcement.
(1) Passage of a motion to approve an application, with or without modification, shall constitute the issuance of a certificate of appropriateness by the Historic Resources Commission. The application and the duly approved minutes of the Commission shall constitute the written documentation of such issuances. Following the meeting, a certificate shall be mailed to the property for which a certificate has been issued. The certificate shall be posted on the premises, in a location visible from the street, while the work is in progress. Minutes of a Historic Resources Commission meeting shall be approved before the end of the next meeting.
(2) A certificate of appropriateness shall be valid for a period of six months from the date of issuance for the purpose of obtaining a zoning permit or other permit for constructing or altering structures. A certificate of appropriateness shall expire six months after the date of issuance if the work authorized by the certificate has not been commenced. If after commencement the work is discontinued for a period of six months, the permit therefor shall immediately expire.
(3) Compliance with certificates of appropriateness shall be enforced by the Zoning Administrator or other party as assigned by the Planning director. Failure to comply with a certificate of appropriateness shall be a violation of the zoning ordinance. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(4) In case any building, structure, site, area or object designated as a landmark or located within the historic district is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the ordinance, the Commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.
(M) Establishment of Historic District Overlay.
(1) In addition to the use of districts heretofore established under the Zoning Ordinance, a historic overlay district, labeled HDO/Historic District Overlay, is hereby established to include the properties encompassing the historic downtown core generally from Market Station to the west, Five Points to the east, South Street to the south and North Street to the north, more particularly described as follows:
Note: References to the Tax Record numbers identify lots as shown on the GIS MAP of Stanly County effective as of November 15, 2006.
Bounded on the North (1) Beginning with the southwestern corner of Tax Record 3723, which is in the eastern line of N. Depot St., and following the southern property lines of Tax Records 3723 and 23706 to the southeastern corner of Tax Record 23706, which is in the western line of N. First St.; thence (2) crossing North First St. in a northeasterly direction to the southwestern corner of an opened alley on the east line of N. First St.; thence (3) following the southern line of the alley and then crossing the alley in an easterly direction to the western line of Tax Record 23101; thence (4) following the western property line of Tax Record 23101 south to the southwest corner of the aforesaid lot; thence (5) following the southern line of Tax Record 23101 and crossing N. Second St. in an easterly direction to the western property line of Tax Record 28268; thence (6) following the western property line of Tax Record 28268 in a northerly direction to the northwestern corner of Tax Record 28268; thence (7) following the northern property line of Tax Record 28268 and crossing N. Third St. in an easterly direction to the western line of Tax Record 28274; thence (8) following the western line of Tax Record 28274 in a northerly direction past the northwest corner of Tax Record 28274 to the centerline of Montgomery Ave; thence (9) following the centerline of Montgomery Ave. in an easterly direction until it intersects with N. Fourth St.
Bounded on the East (10) Beginning at the northeast corner of Tax Record 28274 and following the western line of N. Fourth St. in a southerly direction to the northeastern corner of Tax Record 28540; thence (11) following the northern line of Tax Record 28540 west to the northwestern corner of the aforesaid lot; thence (12) following the western property lines of Tax Records 28540, 28539, 26031, 25542 in a southerly direction to the southwestern corner of Tax Record 25542; thence (13) following the southern property line of Tax Record 25542 east to the northwestern corner of Tax Record 18329; thence (14) following the western property lines of Tax Records 18329, 9354, 20660, 26521 in a southerly direction to the southeastern corner of Tax Record 28274, which is in the northern line of North St.; thence (15) following the southern property line of Tax Record 28274 for fifty feet in a westerly direction to a point on the northern line of North St.; thence (16) crossing North St. and following the western property lines of Tax Records 25248, 13641, 6433, 24430, 16475 in a southerly direction to the southwestern corner of Tax Record 16475; thence (17) following the southern property line of Tax Record 16475 and crossing N. Fourth St. in an easterly direction to the western property line of Tax Record 18000, which is in the eastern line of N. Fourth St.; thence (18) following the eastern line of N. Fourth St. in a northerly direction to the southern line of a partially opened alley; thence (19) following the southern line of the partially opened alley easterly to the northeastern corner of Tax Record 11755; thence (20) crossing N. Fifth St. and Pee Dee Ave. in an easterly direction to the northeastern corner of Tax Record 35245; thence (21) following the southern line of Pee Dee Avenue northeast to the northwestern corner of Tax Record 13556; thence (22) following the western property line of Tax Record 13556 in a southeastern direction to the southwest corner of the aforesaid lot; thence (23) following the northern edge of Tax Record 10713 in a southwesterly direction to the northwest corner of the aforesaid lot; thence (24) following the western property line of Tax Record 10713 in a southeasterly direction to the southwest corner of the aforesaid lot, which is in the northern line of E. Main St.; thence (25) following the southern property line of Tax Record 7885 in a southwesterly direction to the southwest corner of the aforesaid lot, thence (26) following the southern property line of Tax Record 35245 in a westerly direction for 365 feet to a point which is located along the northern line of E. Main St.; thence (27) crossing E. Main St and following the western property line of Tax Record 17849 in a southerly direction to the southwestern corner of the aforesaid lot; thence (28) following the southern property line of Tax Record 17849 easterly to the southeast corner of the aforesaid lot; thence (29) following the western property lines of Tax Records 17335 and 6513 to the northeastern corner of Tax Record 20582.
Bounded on the South (30) Beginning at the northeast corner of Tax Record 20582 and following the northern property line in a westerly direction to the northwestern corner of the aforesaid lot; thence (31) crossing S. Fourth St. in a northwesterly direction to the northeast corner of Tax Record 33436; thence (32) following the northern property line of Tax Record 33436 westerly to the northwest corner of the aforesaid lot; thence (33) following the western property line of Tax Record 33436 to the southwestern corner of the aforesaid lot, which is on the northern line of an unopened alley; thence (34) following the northern line of the unopened alley in a westerly direction to the southeastern corner of Tax Record 23381; thence (35) following the eastern property line of Tax Record 23381 in a northerly direction to the northeastern corner of the aforesaid lot; thence (36) following the northern property line of Tax Record 23381 and crossing S. Third St. in a westerly direction to the eastern property line of Tax Record 22795, which is in the western line of S. Third St.; thence (37) following the eastern property lines of Tax Records 22795 and 28510 in a southerly direction to the southeastern corner of Tax Record 28510 (excluding the part of Tax Record 28510 where the Stanly County Jail is located); thence (38) following the northern line of Tax Record 28506 in a westerly direction to the northwest corner of the aforesaid lot; thence (39) following the western property line of Tax Record 28506 in a southerly direction to the northeast corner of Tax Record 11387; thence (40) following the northern property line of Tax Record 11387 and crossing S. Second Street in a westerly direction to the eastern property line of Tax Record 28498, which is in the western line of S. Second St.; thence (41) following the western line of S. Second St. in a southerly direction across South St. to the northeast corner of Tax Record 20382, thence (42) following the northern property line of Tax Record 20382 in a westerly direction to the northwestern corner of the aforesaid lot; thence (43) following the western property line of Tax Record 20382 to the southwest corner of aforesaid lot; thence (44) following the northern line of an open alley seventy-eight feet in a westerly direction to a corner in an eastern property line of Tax Record 18289; thence (45) following that eastern property line of Tax Record 18289 in a northerly direction for twenty-three feet to another corner in the northern property line of Tax Record 18289; thence (46) following the northern line of Tax Record 18289 to the northwestern corner of the aforesaid lot, which is in the eastern line of S. First St; thence (47) following the eastern line of S. First St in a northerly direction crossing South St. to the southwest corner of Tax Record 6994; thence (48) crossing S. First St. in a westerly direction to the southeastern corner of Tax Record 9959; thence (49) following the northern line of South St. in a southwesterly direction and crossing S. Depot St. to the southeast corner of Tax Record 2067; thence (50) following the eastern property lines of Tax Records 2067 and 10902 in a northerly direction to the northeast corner of Tax Record 10902; thence (51) following the northern property line of Tax Record 10902 in a westerly direction to the northwest corner of the aforesaid lot; thence (52) following the eastern property line of Tax Record 139 in a southerly direction to the southeastern corner of the aforesaid lot; thence (53) following the southern property line of Tax Record 139 and crossing Railroad St. in a westerly direction to the eastern property line of Tax Record 31117; thence (54) following the eastern property line of Tax Record 31117 in a southerly direction to the southern most corner of Tax Record 31117, which is on the eastern line of the Winston Salem Southbound Railroad right-of-way.
Bounded on the West (55) Beginning at the southern most corner of Tax Record 31117, following the eastern line of the right-of-way of the Winston Salem Southbound Railroad in a northerly direction to the northwestern corner of Tax Record 28491; thence (56) following the northern property line of Tax Record 28491 in an easterly direction to the northeast corner of the aforesaid lot; thence (57) following the eastern property line of Tax Record 28491 in a southerly direction to the northwest corner of Tax Record 2476; thence (58) following the northern property line of Tax Record 2476 in an easterly direction to the northeast corner of the aforesaid lot; thence (59) following the eastern property line of Tax Record 2476 in a southerly direction to the northwest corner of Tax Record 33265; thence (60) following the northern property line of Tax Record 33265 and crossing Harris St., a railroad right-of-way and N. Depot St. in an easterly direction to the northwest corner of Tax Record 22788, which is in the eastern line of N. Depot St; thence (61) following the eastern line of N. Depot St. in a northerly direction to the southwestern corner of Tax Record 3723, which is the point of Beginning.
(2) The above is depicted on a map entitled Proposed Downtown Albemarle Local Historic District, which is attached to Ordinance No. 06-27, passed December 18, 2006, and incorporated by reference herein, and is on file with the city at the Office of Planning and Community Development located at 144 N. Second Street, Albemarle NC.
(Ord. 05-41, passed 11-7-05; Am. Ord. 06-27, passed 12-18-06; Am. Ord. 12-24, passed 8-6-12; Am. Ord. 16-28, passed 8-15-16; Am. Ord. 17-05, passed 3-6-17; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Ord. 22-27, passed 5-16-22; Am. Ord. 24-03, passed 1-8-23)
§ 92.110 I-O INSTITUTIONAL AND OFFICE DISTRICT.
(A) This district is intended to provide for institutional development and, where appropriate, to serve as a transitional buffer between residential and non-residential districts. To ensure that conflict in land use is kept to a minimum, strict development controls are employed, such as limits on retail uses, buffers, height and signs. This district is intended to be easily accessible, and therefore, placed adjacent to or accessible from a thoroughfare of not less than 60 feet right-of-way.
(B) The following uses are permitted:
(1) Adult day care centers.
(2) Colleges, universities, public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools and including dormitories when located on the campus of any of the above.
(3) Libraries, museums, and art galleries.
(4) Nursery schools and kindergartens, provided that at least 100 square feet of outdoor play area is provided for each child.
(5) Assisted living and nursing homes.
(6) Offices, business, professional, and public.
(7) Public-private partnership facilities.
(8) Public safety facilities, including armories.
(9) Independent living facilities.
(10) Specialized community residential center for individuals with developmental disabilities, with lodging facilities for visitors.
(11) Restaurants.
(12) Event center/assembly hall.
(13) Orphanages and adoption care facilities.
(14) Drop-in short-term child care.
(C) The following special uses are permitted when authorized by the City Council after the Council holds a public hearing: battered group care facilities, camps and retreats, and inpatient rehabilitation facilities when located at least one half mile from the same use.
(Ord. 11-24, passed 7-18-11; Am. Ord. 15-34, passed 11-2-15; Am. Ord. 16-09, passed 4-4-16; Am. Ord. 18-31, passed 9-4-18; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-25, passed 8-19-24)
§ 92.120 AREA, YARD, AND HEIGHT REQUIREMENTS.
Each permitted use shall conform to the dimensional requirements of the district in which it is located. Additional requirements and exceptions are listed below the chart.
District & Use Category | Lot Size per Unit | Max Densit y (units / acre) | Front Set back (feet) | Side Set back (feet) | Rear Set back (feet) | Max. Height (feet) |
District & Use Category | Lot Size per Unit | Max Densit y (units / acre) | Front Set back (feet) | Side Set back (feet) | Rear Set back (feet) | Max. Height (feet) |
RESIDENTIAL DISTRICTS | ||||||
R-15 - Conservation Residential | ||||||
Single Family Detached Unit | 15,00 0 | 2.9 | 40 | 12(a) | 40 | 35 |
Manufactured Homes | 15,00 0 | 2.9 | 40 | 12(a) | 40 | 35 |
Detached Accessory Dwelling Unit | 100(j) | 12(a) | 12 | 25 | ||
Accessory Structures | 100(j) | 10(a) | 10 | 25 | ||
R-10 - General Residential | ||||||
Single Family Detached Unit | 10,00 0 | 4.35 | 30 | 10(a) | 30 | 35 |
Duplex or 2nd Detached Unit | 7,500 | 5.8 | 30 | 10(a) | 30 | 35 |
Detached Accessory Dwelling Unit | (k) | 10(a) | 10 | 25 | ||
Accessory Structures | 75(j) | 5(a) | 5 | 25 | ||
R-8 - Neighborhood Residential | ||||||
Single Family Detached Unit | 8,000 | 5.44 | 20 | 8(a) | 25 | 35 |
Duplex or 2nd Detached Unit | 6,000 | 7.26 | 20 | 8(a) | 25 | 35 |
Single Family Attached Unit | 4,000 | 10.89 | 20 | 8(a)(m) | 25 | 35 |
Detached Accessory Dwelling Unit | (l) | 8(a)(n) | 8(o) | 25 | ||
Accessory Structures | (k) | 5(a)(n) | 5(o) | 25 | ||
R-6 - Urban Residential (former R-8A) | ||||||
Single Family Detached Unit | 6,000 | 7.26 | 10 | 8(a)(p) | 25 | 35 |
Duplex or 2nd Detached Unit | 4,500 | 9.68 | 10 | 8(a)(p) | 25 | 35 |
Single Family Attached Unit | 3,000 | 14.52 | 10 | 8(a)(g) | 25 | 35 |
Multi-Family Unit | 1,500 | 29.04 | 10 | 10(a)(r ) | 35 | 50 |
Detached Accessory Dwelling Unit | (l) | 5(a)(n) | 5(o) | 25 | ||
Accessory Structures | (k) | 5(a)(n) | 5(o) | 25 | ||
MIXED USE DISTRICTS | ||||||
R-4 - Traditional Neighborhood Design | ||||||
Single Family Detached Unit | 4,000 | 10.89 | 0 | 8(a)(p) | 20 | 45 |
Duplex or 2nd Detached Unit | 3,000 | 14.52 | 0 | 8(a)(p) | 20 | 45 |
Single Family Attached Unit | 2,000 | 21.78 | 0 | 8(a)(s) (t) | 20 | 45 |
Multi-Family Unit | 1,000 | 43.56 | 0 | 10(a)(s ) | 30 | 60 |
Non-residential & Mixed-use | 1000( u) | 43.56 | 0 | 10(a)(s ) | 30 | 60 |
Detached Accessory Dwelling Unit | (l) | 5(a)(n) | 5(o) | 25 | ||
Accessory Structures | (k) | 3(a)(n) | 3(o) | 25 | ||
R-O - Residential Office Re-Use | ||||||
Single Family Detached Unit | 6,000 | 7.26 | 10 | 8(a)(p) | 25 | 35 |
Duplex or 2nd Detached Unit | 4,500 | 9.68 | 10 | 8(a)(p) | 25 | 35 |
Single Family Attached Unit | 3,000 | 14.52 | 10 | 8(a)(g) | 25 | 35 |
Multi-Family Unit | 1,500 | 29.04 | 10 | 10(a)(r ) | 35 | 35 |
Non-residential & Mixed-use | 1,500 (u) | 29.04 | 10 | 10(a)(r ) | 35 | 35 |
Detached Accessory Dwelling Unit | (l) | 5(a)(n) | 5(o) | 25 | ||
Accessory Structures | (k) | 5(a)(n) | 5(o) | 25 | ||
NBD - Neighborhood Business District | ||||||
Single Family Detached Unit | * | * | 30 (b)(f) | 10(e)(f ) | 20(f) | 50 |
Duplex or 2nd Detached Unit | * | * | 30 (b)(f) | 10(e)(f ) | 20(f) | 50 |
Multi-Family Unit | * | * | 30 (b)(f) | 10(e)(f ) | 20(f) | 50 |
Non-residential | 30 (b)(f) | 10(e)(f ) | 20(f) | 50 | ||
Accessory Structures | ||||||
CBD - Central Business District | ||||||
Single Family Detached Unit | ||||||
Duplex or 2nd Detached Unit | ||||||
Single Family Attached Unit | ||||||
Multi-Family Unit | ||||||
Non-residential & Mixed-use | ||||||
Accessory Structures | ||||||
Detached Accessory Dwelling Unit | ||||||
NON-RESIDENTIAL DISTRICTS | ||||||
N-S - Neighborhood Shopping District | ||||||
Non-residential Structures | 30 (b)(f)(h ) | 10(e)(f )(h) | 20(f) | 65 | ||
Accessory Structures | ||||||
GHBD - General Highway Business District | ||||||
Non-residential Structures | 30 (b)(f)(h) | 10(e)(f)(h) | 20(f) | 50 | ||
Accessory Structures | ||||||
SCD - Shopping Center District | ||||||
Non-residential Structures | 5(c)(f) | 20(f) | 20(f) | 50 | ||
Accessory Structures | ||||||
MUSCD - Mixed Use Shopping Center District | ||||||
Non-residential Structures | 30 (b)(f)(h) | 10(e)(f) (h) | (f) | 50 | ||
Accessory Structures | ||||||
HMD - Hospital Medical Center District | ||||||
Non-residential Structures | 30 (b)(f) | 10(f) | 20(f) | |||
Accessory Structures | ||||||
LID - Light Industrial District | ||||||
Non-residential Structures | 30 (b)(f)(h) | (d)(f)(h) | 20(f)(h) | |||
Accessory Structures | ||||||
HID - Heavy Industrial District | ||||||
Non-residential Structures | 30 (b)(f)(h) | (d)(f)( h) | 20(f) (h) | |||
Accessory Structures | ||||||
I-O - Institutional and Office District | ||||||
Non-residential Structures | 30 (a)(b)(c) | 30(a) | (f)(h) | 50 | ||
Accessory Structures | ||||||
(A) Corner lots must have an additional ten feet along the side street line. Accessory buildings must comply with the requirement.
(B) May be used for parking except in case of HID, Heavy Industrial District, where it must be landscaped.
(C) No building shall be less than 50 feet from any street right-of-way line.
(D) Where a lot abuts any residential district, there shall be a side or rear yard clearance of at least ten feet. However, 20 additional feet must be provided when an industrial district abuts any residential district.
(E) Side yard may be eliminated on one side of lot to permit a building wall not less than 12 inches thick and not less than 75% solid masonry to be built on the property line or, if not on the property line, then not less than five feet from the property line. After elimination of the side yard on one side of the lot, there shall remain a side yard on the other side of the lot not less than 15 feet to permit access to the rear yard area; and the elimination of a side yard shall not be permitted in any business zone where it will reduce the side yard adjacent to a lot with a residential building thereon being used solely for residential purposes.
(F) Upon any front, side, or rear lot line which abuts on the right-of-way of a major thoroughfare as it is shown on the latest adopted thoroughfare plan posted at the city hall, the yard requirement for the front, side, or rear yard shall be 50 feet from the proposed right-of-way as it is shown on the major thoroughfare as noted above. No sign structure shall project closer than 25 feet to the curb line where curb and gutter have been installed, and, where not installed, the ditch line on a major thoroughfare as noted above; however, in no event shall the sign structure project onto the right-of-way.
(G) Areas comprising Group Business Developments, as defined in § 92.008, shall meet the exterior requirements of this section; however, the individual interior lots in a Group Business Development shall be exempt from minimum side yard setback requirements.
(H) Upon any rear lot line, street or alley right-of-way line as shown on the latest adopted thoroughfare plat posted at the city hall, the yard requirement shall be 20 feet from the lot line or street or alley right-of-way line.
(I) Except for projects involving rehabilitation of existing structures for which increased density is necessary to make redevelopment and/or revitalization of a site financially feasible, in which case the requirement shall be 4,000 square feet for the first unit, and 1,900 square feet for each additional unit. For such a project, the primary goal will be rehabilitation of the existing structure(s) with local significance, but some new construction compatible with the existing structure can be allowed with the approval of City Council.
(J) Unless located entirely in rear or sideyard.
(K) Only located entirely in the rear or sideyard.
(L) Only located entirely in the rearyard.
(M) May be reduced to zero feet along shared lot lines.
(N) May be reduced to zero feet when primary structures have no side setback.
(O) May be reduced to zero feet if on alley.
(P) May be reduced to five feet with alley access to rearyard.
(Q) Zero feet shared lot lines, End unit reduced to five feet with rearyard alley access.
(R) May be reduced to zero feet if abutting non-residential or multifamily with 12-inch masonry.
(S) May be reduced to zero feet on shared lot lines with adjacent single family attached or more intense uses with 12-inch masonry.
(T) End unit setbacks adjacent to lower intensity uses may be reduced to five feet with rearyard alley access.
(U) Calculated after subtracting non-residential area from total parcel area unless part of vertical mixed use. No max size on non-residential.
(‘58 Code, § 19-94) (Ord. 79-30, passed 1-21-80; Am. Ord. 80-16, passed 6-16-80; Am. Ord. 86-5, passed 1-27-86; Am. Ord. 87-20, passed 8-17-87; Am. Ord. 89-6, passed 6-15-89; Am. Ord. 89-15, passed - -89; Am. Ord. 90-10, passed 8-6-90; Am. Ord. 04-14, passed 4-19-04; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 14-12, passed 4-7-14; Am. Ord. 16-20, passed 6-6-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-51, passed 11-15-21; Am. Ord. 22-01, passed 1-3-22) Penalty, see § 10.80
§ 92.121 BUFFERYARD REQUIREMENTS.
(A) General Purpose. The bufferyard is a precisely defined yard together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of Chapter 92
of the Code of Ordinances are designed to lessen incompatibilities between adjacent land uses or screen a use from a public road. It is intended that bufferyards will separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. The planting units required have been calculation to insure that they do, in fact, function as "buffers."
(B) General provisions.
(1) Initial determination. An initial determination of the proposed use and adjacent uses shall be made using the following:
(a) Single Family Residential is equivalent to R-15, R10, and R-8 districts.
(b) Multi-Family Residential is equivalent to the R-6 and R4 and R-O districts.
(c) High Intensity Commercial is equivalent to the CBD, SCD, GHBD, MUSCD, and I-O districts.
(d) Light Intensity Commercial is equivalent to the NBD, R-O and HMD districts.
(e) Industrial is equivalent to LID and HID districts. These specific uses shall be classified as industrial zoning types for bufferyard purposes only:
1. Banking and financial services, with drive-through facilities;
2. Car wash;
3. Convenience store with gasoline sales;
4. Implement sales and services;
5. Kennels;
6. Outdoor display retail;
7. Motor vehicle repair and maintenance;
8. Motor vehicle storage yard;
9. Outdoor display retail;
10. Recreational vehicle park;
11. Recreational services, outdoor; yard;
12. Restaurants (with drive-through service); and
13. Storage and salvage.
(2) Determine the bufferyard (Type I, II, III, or IV). Determine the required bufferyard for adjacent zoning type of project (impending use) from the following:
(a) Type I Bufferyard. A type I bufferyard is a low density screen designed to partially block visual contact and create spatial separation between adjacent uses.
(b) Type II Bufferyard. A type II bufferyard is a medium density screen designed to partially block visual contact and create spatial separation between adjacent uses.
(c) Type III Bufferyard. A type III bufferyard is a high density screen designed to eliminate visual contact and create spatial separation between adjacent uses.
(d) Type IV Bufferyard. A type IV bufferyard is a higher density screen designed to eliminate visual contact and create spatial separation between adjacent uses.
Bufferyard Requirements
Zoning Type of Project | Zoning Type of Adjacent Property | ||||
SFR | MFR | LIC | HIC | IN D | |
MFR | II | * | * | I+ | I+ |
LIC | II | I | * | * | * |
HIC | III | II | * | * | * |
IND | IV | IV | I | * | * |
* No bufferyard requirement + Type I bufferyard required if no bufferyard is provided on developed adjacent property designated as HIC or IND zoned types provided on developed adjacent property designated as high intensity commercial (HIC) or industrial (IND) zoning types. | |||||
(3) Bufferyard Selection. Select the desired bufferyard option for the required bufferyard type from those described below.
(a) Type I Bufferyard. There are four design options that may be used to satisfy this requirement.
Type I Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
10 feet | 2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 8 primary evergreen plants |
30 feet | 2 deciduous trees; 5 primary evergreen plants |
50 feet | 2 deciduous trees; 3 primary evergreen plants |
(b) Type II Bufferyard. There are four design options that may be used to satisfy this requirement.
Type II Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 8 primary evergreen plants; 20 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs |
30 feet | 2 deciduous trees; 8 primary evergreen plants |
100 feet | 2 deciduous trees; 4 primary evergreen plants |
(c) Type III Bufferyard. There are five design options that may be used to satisfy this requirement.
Type III Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 8 primary evergreen plants; 20 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 18 primary evergreen plants |
30 feet | 3 deciduous trees; 13 primary evergreen plants |
40 feet | 3 deciduous trees; 10 primary evergreen plants |
50 feet | 3 deciduous trees; 5 primary evergreen plants |
(d) Type IV Bufferyard. There are six design options that may be used to satisfy this requirement.
Type IV Bufferyard Design options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
Type IV Bufferyard Design options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 18 primary evergreen plants; 20 supplemental evergreen shrubs |
30 feet | 2 deciduous trees; 18 primary evergreen plants; 10 supplemental evergreen shrubs |
40 feet | 3 deciduous trees; 18 primary evergreen plants |
50 feet | 3 deciduous trees; 14 primary evergreen plants |
100 feet | 3 deciduous trees; 10 primary evergreen plants |
200 feet | 3 deciduous trees; 5 primary evergreen plants |
(C) Additional requirements.
(1) Fractional calculations. Fractional planting requirement calculations shall be rounded to the next higher whole number.
(2) Existing plant material. Existing plant material within the required bufferyard may be included in the computation of the required plantings with approval of the Zoning Enforcement Officer.
(3) Fence or wall option. An opaque fence or wall may be used in lieu of not more than 50% of the required evergreen bufferyard planting with the approval of the Zoning Enforcement Officer and providing the following conditions are met, where applicable.
(a) Fence height for industrial zoning. The minimum required fence height shall be eight feet above ground level when the proposed project zoning type is classified as an industrial zoning type.
(b) Fence height for zoning types except industrial. The minimum required fence height shall be six feet above ground level when the proposed project zoning type is classified as any zoning type except those classified as industrial.
(c) Vegetation planted on exterior sides. Where a fence or wall is used as part of the required screening, all required vegetation shall be planted on the exterior side of the fence or wall.
(d) Screening multi-family residential zoning type. Where the fence option is used to screen multi-family residential zoning types from more intense zoning types, the required vegetation may be planted on the interior side of the fence or wall.
(e) Remaining vegetation distribution. Where a fence is used in lieu of not more than 50% of the required vegetation, the remaining percentage of vegetation to be used in conjunction with the fence or wall shall be evenly distributed in the bufferyard.
(4) Bufferyard locations. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line, with the following exceptions.
(a) On adjacent property. All or part of the bufferyard may be located on adjacent property within a permanent easement dedicated for such purpose with approval of the Zoning Enforcement Officer.
(b) Portion of site proposed for development. If only a portion of a site is proposed for development, the required bufferyard may be located at the limit of the construction perimeter with approval of the Zoning Enforcement Officer.
(c) Topographic irregularities. Where topographic irregularities require a different location to meet the intent of this section, the location of the bufferyard may be varied with approval of the Zoning Enforcement Officer.
(d) Rights-of-way and streets. Bufferyards shall not be located on any portion of an existing, dedicated, or proposed right-of-way, or a private street.
(5) Size of plant material.
(a) Deciduous trees in bufferyards 30 feet in width or less may be either medium or large varieties as described in the appendix, provided, however, at least one-half of the required trees shall be large variety. Deciduous trees in bufferyards or greater than 30 feet in width shall be large variety trees. Suggested plant materials are listed in the office of the Zoning Enforcement Officer.
(b) All deciduous trees used for bufferyard screening must be a minimum of eight feet in height at installation and shall be at least two inches in diameter measured six inches above ground level.
(c) All primary evergreen plants shall be a minimum of six feet in height at the time of installation unless combined with an approved earthen berm, and shall not be less than ten feet in height at maturity.
(d) All supplemental evergreen shrubs shall be a minimum of 18 inches in height at the time of installation and shall attain a minimum height of 36 inches three years after installation.
(6) Spacing of plant material.
(a) All deciduous trees shall be installed with tree trunks spaced a minimum distance of 30 feet apart and a maximum distance of 60 feet apart.
(b) All primary evergreen plants shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit. Primary evergreen plants shall be installed with tree trunks spaced a minimum of seven feet apart and a maximum of 15 feet from other primary evergreen plants and from any required deciduous tree.
(c) All supplemental evergreen shrubs shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit.
(Ord. 98-01, passed 1-20-98; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24; Am. Ord. 24-48, passed 11-18-24)
§ 92.122 LANDSCAPING AND PAVING OF PARKING LOTS.
(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare by requiring the landscaping and paving of parking areas which will serve to control access, enhance safety, reduce radiant heat from surfaces, reduce wind and air turbulence, reduce noise, reduce the glare of motor vehicles and surfaces, ameliorate storm water drainage problems, filter automotive exhaust, and protect and preserve the appearance, character, and value of adjacent properties.
(B) Applicability.
(1) The landscaping requirements of this section shall apply to all parking lot development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses. It is the intent of this section to require compliance with these standards with all new parking lots and parking lot expansions; with the repaving of existing parking lots of at least 50 spaces or 25,000 sq. ft., whichever is less; and when existing structures or uses have been expanded or improved by at least 25% in area or taxable value, whichever is less.
(2) Each new, improved or expanded off-street parking lot shall be constructed in such a manner that its surface material shall be dust free. This is to be accomplished by concrete or blacktop (if another non-dust producing surface is proposed, it must be approved by the Planning Board). Each automobile parking space shall be provided with adequate access and maneuvering area on-site to each space. Each parking lot shall be provided with vehicular access to a street or alley. Each parking space shall be designed so as to be fully entered and exited safely, without interference with pedestrian or business activities or the use of adjacent public rights-of-way.
(3) All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area in accordance with city design and specifications standards and of the City of Albemarle Planning and Development Services Department.
(C) Pre-development site review. Site plans for proposed development shall comply with the requirements of this section prior to issuance of a zoning permit. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions.
(1) "LANDSCAPING.” The existing and/or proposed features of real estate which are intended to enhance and/or buffer a development, including but not limited to trees, shrubs, lawns, and rocks.
(2) “PARKING LOT.” Any open portion(s) of a property or properties which are regularly used for the on-site navigation and temporary storage and of ten or more motor vehicles or are at least 5,000 square feet in area, collectively.
(3) “PARKING SPACE.” A marked area, intended to accommodate a single parked vehicle. If unmarked, each 500 square feet of any parking lot or area shall constitute a parking space.
(4) “PARKWAY.” The unpaved portion of a public road or street right-of-way abutting a parcel.
(5) “PRESERVABLE TREE.” Any tree for which tree removal requires a tree removal permit.
(6) “PROPERTY OWNER.” Includes the owner of an easement.
(7) “REMOVE(D) OR REMOVAL.” The physical removal or effective removal through cutting, chopping, sawing, damaging, topping, poisoning, or other direct or indirect action intended to result in the death of a tree. It shall not mean normal pruning or trimming of a tree.
(8) “SITE PLANS.” Plans to be submitted by the property owner or developer depicting and describing the changes that will occur as the parking lot is developed; particular attention should be paid to identifying preservable trees.
(9) “TURF GRASS.” Areas of mown ground cover grasses primarily consisting of bluegrass, fescue and rye grass.
(E) Landscaping requirements.
(1) Interior areas of parking lots. The area(s) within the property used for parking and movement shall provide landscaping as follows:
(a) A small shrub (mature height of 2-4 feet) shall have a planting area of nine square feet. Minimum size at installation shall be a three gallon container with roots filling the container.
(b) A medium shrub (mature height of 4-15 feet) shall have a planting area of 25 square feet. Minimum size at installation shall be a seven gallon container with roots filling the container.
(c) A small tree (mature height of less than 20 feet) should have a planting width of at least eight feet and an open area of at least 100 square feet. Minimum planting area is an 8 by 12.5 foot rectangle.
(d) Medium tree (mature height less than 35 feet) should have a planting width of at eight feet and an open space of at least 150 square feet. Minimum planting area is an 8 by 18.75 foot rectangle.
(e) Large tree (mature height greater than 35 feet) should have a planting area of at least 200 square feet. Minimum planting area dimension is a 10 by 20 foot rectangle.
DIAGRAM 92.091 (1): Minimum Planting Areas
(F) Plants required.
(1) One small tree shall be required for every ten parking spaces or one medium tree shall be required for every 15 or fewer parking spaces; or one large tree for every 20 or fewer spaces; or a combination of tree sizes based on the number of parking spaces and the size of the planting area.
The following example is given for illustrative and guidance purposes in the application of this section:
A parking lot having 38 parking spaces would require a minimum of four small trees or three medium trees, or two large trees or two small and one large tree or two small and two medium trees, or one small, one medium, and one large tree.
(2) One small shrub shall be required for every five or fewer parking spaces; or one medium shrub for every ten parking spaces; or a combination of small and medium shrubs based on the number of parking spaces, the amount of planting spaces available and any sight elevation problems that may be encountered in the parking lot.
(3) The minimum size of the planting area will be based on the total minimum square foot area required by each shrub and tree to be planted in that area.
The following example is given for illustrative and guidance purposes in the application of this section:
One medium tree and four small shrubs are to be planted in a traffic island. The minimum size of the planting area will be:
(1) medium tree: 150 square feet
(4) small shrubs: 36 square feet Total area needed: 186 square feet
(4) Required trees and shrubs shall be distributed throughout the vehicular area and be placed as landscaped islands at each end of parking aisles so that no parking space is located more than 60 feet from a parking lot tree so as to assist in traffic delineation and control.
(5) Planting areas shall comply with the specified calculations at a minimum and shall be protected from vehicular encroachment by curbing or wheel stops at least six inches in height.
(6) All tree planting areas not affected by turf grass or low growing ground cover shall be adequately mulched to a minimum depth of two inches with organic material such as shredded bark or pine needles to conserve moisture and discourage growth of noxious weeds.
(7) Separation from structures. All parking areas, unless located on or within a structure, shall be separated from the exterior wall of a structure exclusive of paved pedestrian entrance ways or loading areas by a buffer strip of at least five feet in width which shall be landscaped with mulch, pine straw, or shrubs.
(G) Maintenance. It shall be the responsibility of the property owner, or in the event of a property transfer, the subsequent property owner's responsibility to maintain and ensure the survival of the plant material and planting areas in perpetuity. Plants and trees that do not survive planting or for some reason succumb to injury, disease and/or insect infestation must be replaced during the first planting season following the death of the plant(s) in accordance with the specifications of this section.
(H) Performance guarantee. Landscape and tree planting requirements may be deferred to an appropriate planting season, based on a decision made by the Planning Director in order to facilitate a property owner's desire to obtain a certificate of occupancy. This provision is meant to allow for seasonal extremes in weather and soil conditions which may be incompatible to landscaping. It is not, however, meant to be used in any way to circumvent the intent and purpose of this section. No certificate of occupancy shall be approved until:
(1) The required landscaping is completed in accordance with approved plans; or
(2) A bond or certified check, payable to the city, in the amount of 100% of the estimated cost to assure installation of the required landscaping. The amount of the bond shall be submitted by the developer and reviewed and determined by the city staff to be acceptable; or
(3) An irrevocable letter of credit issued by a bank in a form approved by the City Attorney may be accepted in lieu of bond under the terms and conditions applicable to bonds in subdivision (b) above; and
(4) No surety or portion thereof, as provided for in this section, shall be released by the city until all landscaping has been installed, inspected and approved.
(I) Exceptions. When parking is provided underground or within a building, the above requirements shall not apply. Additionally, automobile dealerships and other businesses with parking lots larger than 50 spaces or 25,000 square feet that demonstrate a real and substantial need, particular to their business, for exception to the above requirements, may be permitted to relocate required landscaping for up to one half of the parking lot to another location within the parking lot or otherwise cluster it within the exempted area. Display areas and other areas requested for exemption shall be indicated on site plans for approval. It is not the intent of this section for this exemption to be applied to regular customer and employee parking areas.
DIAGRAM 92.091 (2): Parking Lot Landscaping Requirements
(J) Street tree front and side line landscaping facing city or DOT streets.
(1) Street tree planting requirements.
(a) The required planting strip must be comprised of a row of canopy or ornamental trees planted an average of 35 feet on center and located at least five feet behind the street, utility right-of-way, underground water line, sewer line, transmission line or other utility.
(b) When such plantings are demonstrated to interfere with visibility of signage or otherwise obstruct vehicular visibility, infrastructure or utility access, the spacing between trees may be reduced or subject trees may be relocated or otherwise clustered on-site. Such exception shall be applied as minimally as is needed so as to address conflicts and still maintain the row or canopy of trees to the greatest extent possible.
DIAGRAM 92.091 (3): Street Tree Placement Requirements
(c) Medium and large trees must be a least two and one-half inches in caliper and no less than eight feet in height at the time of installation and shall have an expected mature height of at least 30 feet.
(d) Small trees must be at least one and one-half inches in caliper and no less than six feet in height and an expected height of no more than 20 feet and shall be required under overhead utility lines.
(e) The above size and height standards shall apply to interior landscaping of parking lots.
(2) Tree and shrub species. The following is a list of recommended trees and shrubs by common name:
Upper-story or canopy trees | |
Species name | Common name |
Upper-story or canopy trees | |
Species name | Common name |
Acer floridanum (barbatum) | Sugar Maple |
Acer rubrum | Red Maple |
Acer saccharum | Sugar Maple |
Betula nigra | River Birch |
Celtis laevigata | Sugarberry |
Celtis occidentalis | Hackberry |
Fagus grandifolia | American Beech |
Ginkgo biloba | Ginkgo, Maiden Tree |
Liquidambar styraciflua | Sweetgum |
Liriodendron tulipiflera | Tulip Poplar |
Metasequoia glyptostroboides | Dawn Redwood |
Nyssa sylvatica | Black Gum, Tupelo |
Platanus occidentalis | American Sycamore |
Populus deltoides | Eastern Cottonwood |
Quercus bicolor | Swamp White Oak |
Quercus falcata | Southern Red Oak |
Quercus lyrate | Overcup Oak |
Quercus michauxii | Swamp Chestnut Oak |
Quercus nuttallii | Nuttal Oak |
Quercus palustris | Pin Oak |
Quercus phellos | Willow Oak |
Quercus shumardii | Shumard Oak |
Quercus velutina | Black Oak |
Taxodium ascendens | Pond Cypress |
Taxodium distichum | Bald Cypress |
Tillia americana | American Linden |
Tillia cordata | Little Leaf Linden |
Ulmus alata | Winged Elm |
Ulmus americana | American Elm (Dutch elm disease resistant variety) |
Juniperus virginiana | Eastern Red Cedar |
Magnolia grandiflora | Southern Magnolia |
Pinus eliiotti | Slash Pine |
Pinus palustris | Longleaf Pine |
Pinus taeda | Loblolly Pine |
Quercus hemisphaerica | Laurel Oak |
Quercus virginiana | Southern Live Oak |
Understory or medium trees | |
Species name | Common name |
Understory or medium trees | |
Species name | Common name |
Amelanchier arborea | Downy Serviceberry |
Amelanchier x grandiflora | Apple Serviceberry |
Carpinus carolinana | American Hornbeam |
Cercis canadensis | Eastern Redbud |
Chionanthus virginicus | American Fringe Tree |
Cladrastis kentukea | American Yellowwood |
Cornus florida | American Dogwood |
Cornus kousa | Kousa Dogwood |
Cotinus obovatus | American Smoketree |
Crataegus phaenopyrum | Washington Hawthorn |
Crataegus virdis | Green Hawthorn |
Diospyros virginiana | American Persimmon |
Hamamelis virginiana | American Witch- hazel |
Ilex decidua | Possumhaw Holly |
Lagerstroemia species | Crape Myrtle |
Magnolia stellata | Star Magnolia |
Ostrya virginiana | Ironwood, Hop-Hornbeam |
Oxydendrum arboretum | Sourwood |
Parrotia persica | Parrotia Tree |
Prunus 'yedoensis' or subhirtella | Flowering Cherry |
Styrax americana | American Snowbell |
Ilex cassine | Dahoon Holly |
Ilex opaca | American Holly |
Ilex 'Nellie Stevens' | Nellie Stevens Holly |
Ilex vomitoria | Yaupon Holly |
Magnolia virginiana | Sweetbay Magnolia |
Shrubs or understory plants | |
Species name | Common name |
Shrubs or understory plants | |
Species name | Common name |
Salvia lyrate | Lyreleaf Sage |
Sisyrinchium angustifolium | Blue-eyed Grass |
Carex laxiculmis | Creeping Sedge |
Carex plantaginea | Broadleaf Sedge |
Hypericum stragulum | Dense St. Johnswort |
Juniperus horizontalis | Creeping Juniper |
Phlox subulate | Moss Phlox |
Aesculus pavia | Red Buckeye |
Callicarpa americana | American Beauty Berry |
Cornus racemose | Gray Dogwood |
Cyrilla racemiflora | Ti-ti |
Fothergilla gardenia | Dwarf Fothergilla |
Fothergilla major | Witch-Alder |
Hamamelis x intermedia | Hybrid Witchhazel |
Hydrangea arborescens | Smooth Hydrangea |
Hydrangea quercifolia | Oakleaf Hydrangea |
Hypericum densiflorum | Dense St. Johnswort |
Hypericum prolificum | Shrubby St. Johnswort |
Ilex verticillata, winterberry | Winterberry |
Itea virginica | Virginia Sweetspire |
Lindera benzoin | Spice Bush |
Magnolia soulangeana | Saucer Magnolia |
Rhododendron (native deciduous) | Rhododendron (native) |
Rhus aromatica | Fragrant Sumac |
Rhus glabra | Smooth Sumac |
Rhus typhina | Staghorn Sumac |
Rosa Carolina | Carolina Rose |
Sambucus canadensis | Elderberry |
Sassafras albidum | American Sassafras |
Viburnum acerifolium | Mapleleaf Viburnum |
Viburnum dentatum | Arrowood Viburnum |
Viburnum nudum | Possum Haw Viburnum |
Viburnum prunifolium | Blackhaw Viburnum |
Zenobia pulverulenta | Dusty Zenobia |
Abelia x grandiflora | Glossy Abelia |
Agarista populifolia | Fetterbush |
Aucuba japonica | Acuba |
Buxus microphylla var. japonica | Japanese Boxwood |
Camellia sasanqua | Camellia, sasanqua varieties |
Cephalotaxus harringtonia | Plum Yew |
Gardenia jasminoides | Creeping Gardenia |
Ilex cornuta | Dwarf Burford Holly varieties |
Ilex glabra | Inkberry Holly |
Ilex vomitoria 'Nana' | Dwarf Yaupon Holly |
Ilex x attenuate 'Fosteri' or 'Savannah' | Foster or Savannah Holly |
Illicium parviflorum | Anise Tree |
Juniperus chinensis | Chinese Juniper |
Juniperus davurica 'Expansa' | Parson's Juniper |
Myrica cerifera | Wax Myrtle |
Osmanthus americanus | American Tea Olive |
Osmanthus x fortune | Fortunus Osmanthus |
Podocarpus macrophyllus | Chinese Podocarpus, 'Maki', Yew |
Rhododendron (evergreen) | Southern Indica Rhododendron |
Sarcococca hookeriana var. humilis | Sarcocca |
Viburnum obovatum | Dwarf Viburnum, Walter's viburnum |
Yucca filamentosa | Needle Yucca |
Bignonia capreolata | Crossvine |
Campsis radicans | Trumpet Vine |
Parthenocissus quinquefolia | Virginia Creeper |
Passaflora incarnata | Passion Flower, Maypop |
Gelsemium sempervirens | Carolina Jessamie |
Lonicera sempervirens | Trumpet Honeysuckle |
(3) The use of other species shall only be allowed by written permission of the Director of Planning and Development Services or his or her designee.
(Ord. 99-43, passed 9-7-99; Am. Ord. 10-03, passed 2-1-10; Am. Ord. 19-41, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24; Am. Ord. 24-48, passed 11-18-24)
§ 92.123 SIDEWALKS AND PEDESTRIAN AMENITIES.
(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare through the creation and preservation of a pedestrian network throughout the city that provides for the safe and convenient movement of pedestrians, separate from the movement of vehicular traffic, through both residential and non-residential areas, as well as public places. Pedestrian network shall include the installation of sidewalks, shared-use/multi-use pathways, greenways and similar amenities as included herein.
(B) Applicability. Unless otherwise specified by city ordinance, the sidewalk and pedestrian amenity requirements of this section shall apply to and be required at the time of any new development and/or redevelopment of existing lots within the city. Said requirements shall also apply to and be required at the time of subdivision of both residential and non-residential parcels, with the exception of minor and exempt subdivisions prior to their development. For the purpose of this section, development shall hereafter be used interchangeably to refer to the act of subdivision, construction of new buildings and parking lots, as well as the enlargement or expansion of existing non-residential structures requiring building permits, changes in intensity of use on residential parcels, and the enlargement, or expansion of parking areas.
(C) Pre-development site review. Site plans for proposed development and major subdivisions shall comply with the requirements of this section prior to issuance of all permits. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EASEMENT." A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
"GREENWAY." A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas.
"RIGHT(S)-OF-WAY." A strip of land acquired by reservation, dedication, prescription, or condemnation for use by the public or other specified group and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.
"SHARED-USE/MULTI-USE PATH." A paved path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within tract, or easement. Such a path is used for two-way travel by bicyclists, pedestrians, joggers, skaters, and other non-motorized travelers.
"SIDEWALK." An improved pedestrian surface that is typically located adjacent to a roadway.
(E) Sidewalks required. Sidewalks and pedestrian infrastructure shall be required as follows:
(1) Along all portions of existing public right-of-way immediately adjacent to non-residential or multi-family parcels. New streets in non-residential and multi-family developments shall include sidewalks along both sides of the right-of-way.
(2) Along one side of the right-of-way in all new residential streets, unless specified otherwise in city ordinance. Residential development fronting along only one side of existing right-of-way shall install sidewalks on that side. This shall apply to all frontage of new subdivisions along existing streets as well, including lots and shared open or HoA space.
(3) Permanent easements or dedications of land to the city for the future installation of pedestrian infrastructure are required with the development of any property designated for such improvements on city adopted plans. Easements shall be a minimum of 20 feet in width and shall be located as close as possible as designated in plans, provided that the Planning Director or his or her designee, or other assigned city staff may work with the owner on minor adjustments to exact locations so long as the intent of applicable plans is met.
(F) Sidewalks exempt. Sidewalks and pedestrian infrastructure is not required in:
(1) Industrially zoned properties.
(2) Cul-de-sac turnarounds.
(3) All pedestrian infrastructure shall comply with ADA standards for accessibility. Optimal design of shared-use paths is ten feet minimum width and sidewalks is five feet minimum width. Mandatory maximum cross slope is 2% and the horizontal grade is generally no more than the adjacent street. Sidewalks shall extend the length of the right-of-way with breaks of no more than 50 feet where driveway entrances occur. Sidewalks shall be installed flush with asphalt parking lots or driveway aprons and continue uninterrupted across any single spans greater than 50 feet. All breaks in sidewalks shall feature ADA compliant ramps with truncated domes. When site constraints as cited in above sections exist, it is encouraged to use small curb walls and other design features to maintain ADA requirements for grade. Where extreme site constraints exist that make the continuity of the pedestrian network otherwise impractical, the Planning Director may authorize the most minimal reduction to width or increase in slope as is deemed necessary and in keeping with all state and federal requirements.
(4) On one side of the right-of-way in developments requiring them on both sides, when a wider, paved, shared-use path has been agreed upon by the Planning Director and Public Works Director as an acceptable alternative and designs for which are included on an approved site plan(s).
DIAGRAM 92.092(1): Required Pedestrian Amenities
(G) Sidewalk location, orientation, design and materials.
(1) Optimal sidewalk placement is within public right-of-way, immediately adjacent to property line, with a grassed planting strip of at least seven feet between the outer edge of sidewalk and the back of the street curb to provide for a buffer and separation from vehicles. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the location may be changed in any area which contains constraints such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making installation impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Installation of sidewalks inside public right-of-way, adjacent to property line.
(d) Maintaining minimum width for grassed planting strip.
(e) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(f) When necessary to place sidewalks inside the property line of the subject property the city shall secure an easement granting perpetual access and maintenance to the city and the public prior to approval of site plans.
(2) Optimal orientation of sidewalks is running horizontally along the property boundary in a straight line. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the orientation of sidewalks may be adjusted and sidewalks may be curvilinear to the minimum extent deemed necessary in order to avoid severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making straighter orientations impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Avoiding of removal or altering of buildings and existing infrastructure.
(d) Avoiding of removal or altering of mature trees, and other natural features.
(e) Avoiding of removal or altering accessory structures, signs, mailboxes, etc.
(f) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(3) All pedestrian infrastructure shall comply with ADA standards for accessibility. Optimal design of shared-use paths is ten feet minimum width and sidewalks is five(5) feet minimum width. Mandatory maximum cross slope is 2% and the horizontal grade is generally no more than the adjacent street. Sidewalks shall extend the length of the right-of-way with breaks of no more than 50 feet where driveway entrances occur. Sidewalks shall be installed flush with asphalt parking lots or driveway aprons and continue uninterrupted across any single spans greater than 50 feet. All breaks in sidewalks shall feature ADA compliant ramps with truncated domes. When site constraints as cited in above sections exist, it is encouraged to use small curb walls and other design features to maintain ADA requirements for grade. Where extreme site constraints exist that make the continuity of the pedestrian network otherwise impractical, the Planning Director may authorize the most minimal reduction to width or increase in slope as is deemed necessary and in keeping with all state and federal requirements.
(4) Sidewalks shall be made of concrete unless another hardened surface is deemed by the Public Works Director to meet current city standards. Shared-use paths in public rights-of-way shall be of concrete, asphalt or another hardened surface approved by the Public Works Director. All other shared-use paths or greenways located outside of public rights-of-way shall consist of a material approved by the Public Works Director or Parks and Recreation Director. All specific material mixes, thickness and installation methods for pedestrian improvements shall comply with current city standards and shall be approved by the Public Works Director prior to both approval of plans and completion of development.
(5) Pedestrian infrastructure shall be provided for to the greatest extent possible for all required developments. Where extreme site constraints exist or upcoming plans for alterations to right-of-way or adjacent infrastructure exist that make complete installation impractical or cost prohibitive such areas shall be delineated on approved site plans and accompanied by documentation from the Planning Director, or his or her designee, detailing the reason for exclusion. In such cases the linear distance of such exclusions shall be documented and the current market rate price per linear foot for more typical improvements shall be used to determine a more appropriate figure that can be applied as part of the fee-in-lieu of installation program below.
(H) Fee in lieu of installation.
(1) In order to ensure that the intent of this section is met; to provide for the continuous, practical and economically efficient installation of a pedestrian network; to maximize the use of this infrastructure; and make future maintenance routines easier to manage, the city has developed an optional fee-in-lieu program for property owners to defer the prompt installation of sidewalks as a required part of their approved development and instead pay to into a city fund for the installation of public sidewalks elsewhere. This program is applicable for those properties with demonstrated site constraints, residential developments of less than ten lots which front on existing public right-of-way, as well as other non-residential property owners wishing to use it. The requirements for participation are as follows:
(a) Property owner shall submit and receive approval of site plans with sidewalks meeting all requirements of this section.
(b) Following final approval, property owner may submit an application to the city to pay the fee-in-lieu. Application shall be accompanied by the property owner's market rate estimate for materials, labor, site prep and all other installation costs or they may accept the estimate provided by the Public Works Director.
(c) As part of the program, property owner shall agree to keep clear the approved sidewalk location in their adjacent right-of-way to the best of their ability and shall be required to keep clear and provide recorded easements to the city for any areas within their property designated for sidewalk installation on the approved site plan.
(d) The Public Works Director, or his or her designee, shall review the application and the estimate for installation and shall approve it or else revise it and send it back to the property owner for subsequent review and approval.
(e) Once the application has been approved the property owner must pay 75% of the approved cost to the city prior to development being completed and certificates of occupancy and other permits being issued. Receipt of approved application, agreements and payment shall constitute the completion of sidewalk requirements for said development.
(2) Once the city has accepted payment for the fee-in-lieu of installation it is responsible for the following:
(a) Maintaining clear records for each application in the program including dates approved, available funds and dates and locations of funds used.
(b) Holding all funds in a separate account or otherwise ensuring their designation and continued availability only on projects applicable herein.
(c) Funds from each specific property must be spent within the corresponding pedestrian improvement zone they are located in at the time of application, a map of these zones must be adopted by Council prior to commencing with the fee-in-lieu program and formally amended before future funds may be spent in any area outside of the existing corresponding zones.
(d) Using funds for pedestrian network improvements only. Funds from separate applications for properties within the same pedestrian improvement zone may be combined together and used on larger projects or used in conjunction with city designated funding sources or as matches on grants so long as these are also for pedestrian improvements as defined in this section.
(I) Failure to comply. Failure to adhere to the requirements of this section shall constitute a violation of city zoning ordinance and shall be enforceable as detailed in this chapter.
(Ord. 19-26, passed 8-5-19; Am. Ord. 19-37, passed 10-7-19; Am. Ord. 19-42, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24; Am. Ord. 24-48, passed 11-18-24)
§ 92.124 CURB CUTS AND VEHICULAR ACCESS.
(A) Purpose. It is the intent of this section to permit functional vehicular access to private lots; maintain both pedestrian and vehicular safety and maneuverability; maintain the efficient use of city rights-of-way for multiple functions; and maintain and improve the overall aesthetic of city streetscapes.
(B) Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
"CURB CUT." That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of- way/ property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space(s). A physical break or cut of a curb may be necessary to create a drive access. For the purposes of this section, curb cut width shall be measured from the back of sidewalk or property line in straight lines perpendicular to the street or edge of curb, and shall not include the width of the apron curb radii at the edge of street. In all cases the total width of the apron shall be kept to a minimum amount necessary for turning when entering or exiting the street.
(C) Standards. Vehicular access to private properties shall be limited as follows:
(1) Curb cuts shall be installed no less than 20 feet from edge of pavement at any intersection.
(2) Curb cuts shall not be installed where there is less than 18 feet of usable space for maneuvering and/or parking vehicles between or within structures and the property line and/or sidewalks. If vehicles are being parked within structures less than 18 feet from the property line there shall be at least 18 feet between the structure opening and the edge of the curb/street for temporary maneuvering while accessing the structure. With the exception of areas approved for on- street parking, parked vehicles shall not be permitted to encroach into public rights-of-way. In no case shall curb cuts be installed where vehicles will be required to park on public sidewalks, landscaped areas or where they would otherwise interfere with pedestrian and vehicular traffic.
(3) Single curb cuts for any residential lot or for vehicular access to any individual lot or multi-family unit on a lot shall total no more than 18 feet in width continuously at any point, measured horizontally along the property line or along the front of each individual unit.
(4) Multiple curb cuts for a single lot or multi-family unit shall be separated by a minimum of 30 feet. Total combined length of curb cuts for any single residential lot or any individual multi-family unit shall total no more than 24 feet measured at the property line or no more than 50% of the total lot or unit frontage on public rights of way, whichever is less.
(5) When adjacent lots or units each have 45 feet or less of road frontage at the property line, curb cuts shall be installed adjacent to each other along adjoining side property lines for one continuous cut every two lots or units or otherwise side-by-side along side setback lines with minimal separation between them as is needed.
(D) Applicability.
(1) Divisions (C)(2) through (C)(5) shall apply only to public streets. Private alleys or drives shall be exempt from this requirement, but may be limited by other life safety regulations.
(2) Divisions (C)(3) through (C)(5) shall not apply to commercial development or to shared residential parking lots.
(3) This section shall not apply to pre-existing curb cuts for driveways, which may continue to be used and re-paved at their existing widths as needed.
(4) Nothing in this section shall otherwise regulate driveway dimensions, location or materials and design on private property.
(E) Exceptions.
(1) Large, single-family residential lots with over 200 feet of total road frontage may be granted additional curb cuts exceeding the aforementioned thresholds to the amount deemed necessary for adequate internal circulation when also adequately spaced to meet the intent of this section and not exceeding total width of 50% of the lot frontage.
(2) The Planning and Development Services Director, or his or her designee, may make exceptions when pre-existing site conditions require such exception on smaller residential lots or individual units. In such cases these exceptions shall be permissible to the minimum degree necessary to ensure typical levels of functionality and access to the lot and compliance with city code and life safety standards. Exceptions shall not be made due to other design preferences such as building design, placement or orientation of building features.
DIAGRAM 92.124(1): Curb Cuts and Vehicular Access Requirements
(Ord. 22-17, passed 2-21-22)