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In the case of two or more buildings to be constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this chapter may be varied by the Zoning Board of Adjustment in a manner that will be in harmony with the neighborhood, provided the following conditions exist.
(A) The uses are limited to those permitted within the zoning district in which the project is located. In no case shall the Board authorize a use not permitted in the district in which the project is to be located.
(B) The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located.
(C) The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located.
(D) The building heights do no exceed the height limits permitted in the district in which the project is located.
(E) If the property lies within or abuts on a residential district, and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least ten feet in height along the rear or side lot lines abutting the residential properties. No buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
(‘58 Code, § 19-104) (Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
Any building, structure, or use of land existing at the time of the enactment of this chapter or any amendment thereto may be continued subject to the following provisions of § 92.023, provided, however, they shall not be:
(A) Changed to another nonconforming use.
(B) Enlarged or extended except in conformity with this chapter.
(C) Reestablished use after discontinuance of 180 days.
(D) Rebuilt, altered, or repaired after damage exceeding 60% of its fair market value immediately prior to damage.
(E) Replacements of any Class C or Class D manufactured home unit in a manufactured home park existing at the time of Ord. 98-27 or any amendment thereto that does not meet the Wind Zone 1 and the Thermal Zone 2 standards which is hereafter replaced shall be with a unit meeting the Class A or Class B definition (with the exception of foundation walls).
(F) Manufactured home parks in existence at the time of Ord. 98-27 shall be considered nonconforming and shall not be allowed to expand.
(Am. Ord. 91-19, passed 8-19-91; Am. Ord. 98- 27, passed 8-3-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of a nonconformity situation.
(B) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may be extended to additional buildings or to land outside the original building only in accordance with division (E) of this section.
(C) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming only in accordance with division (E)of this section.
(D) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other divisions of this section occur.
(E) Subject to division (F) of this section, the following special use is permitted when authorized by the City Council after the Council holds a public hearing. Each request must be reviewed by the Planning Board and the Board's recommendations and comments will be presented in writing at the public hearing and included in the minutes of the meeting.
(1) A structure within which a nonconforming use is conducted to be enlarged; or
(2) Additional structures to be built on the lot where the non-conforming use is located, within which structures the nonconforming use can be enlarged; or
(3) A nonconforming use of land to be extended beyond geographical bounds in which it has been conducted.
(F) The City Council may issue the permit described in division (E) only if it finds that:
(1) The action authorized would not adversely affect the health or safety of persons residing or working in the neighborhood of the nonconforming use; and
(2) The action authorized would not substantially impair the value of nearby properties; and
(3) No useful purpose would be served by the strict application of the provisions or requirements of this chapter to which the use does not conform.
(Ord. 91-19, 8-19-91; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
(A) During emergencies, whenever the principal occupied structure located on a lot in a residential district has been rendered uninhabitable by fire, flood, or other natural disaster thereby displacing the occupants, recreational vehicles or campers for which the Stanly County Inspection Department has issued a permit may be located, whenever possible, in the rear yard of the lot on which the residence is under repair or construction; provided however, the Stanly County Inspection Department permit shall expire upon issuance of a certificate of occupancy for the residence or within one year from the date of issuance of the permit, whichever event shall first occur.
(B) Keeping unoccupied recreational vehicles, campers, and/or watercraft on a residential lot.
(1) These vehicles cannot be used as temporary dwelling units except during emergencies as set forth in division (A) above.
(2) For a single-family residential property, a maximum of two unoccupied recreational vehicles, campers, and watercraft may be stored in the rear or side yard and shall not encroach further into the front yard than the principal dwelling.
(3) For duplexes, a maximum of one unoccupied recreational vehicle camper, and/or watercraft for each dwelling unit may be stored in the rear or side yard, and shall not encroach further into the front yard than the principal dwelling.
(4) For developments with three or more dwelling units per parcel, a maximum of one unoccupied recreational vehicle camper, and/or watercraft per dwelling unit may be allowed if the property has a designated parking area with gravel or pavement.
(Ord. 08-31, passed 9-15-08; Am. Ord. 16-10, passed 4-4-16; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-09, passed 3-1-21; Am. Ord. 21-26, passed 7-12-21)
SIGNS
(A) In pursuance of authority granted by the General Assembly of North Carolina in G.S. 160A-381-192, the following regulations are hereby adopted as a supplement to the existing regulating ordinance. The purpose of this subchapter is to adapt policies and regulations concerning the placement of outdoor signs in the zoning jurisdiction of the city.
(B) The city recognizes that signs are a legitimate use of private property, and in order to maximize their advertisement potential for local businesses, promote driving safety, encourage orderly and effective display of advertising, and maintain uncluttered roads and visually attractive streetscapes, the placement of such signs should be regulated.
(C) The intent of such regulation is to increase local property values, protect the natural environment, and enhance the image of the community.
(Ord. 01-44, passed 12-17-01; Am. Ord. 02-06, passed 2-16-02; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
The following terms shall apply to this subchapter as written unless context indicates or requires a different meaning:
"AWNING." A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building, but not a canopy.
"BANNER." A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentation applied to plastic or fabric of any kind excluding flags and emblems of political, professional, religious, educational, or corporate organizations.
"CANOPY. SERVICE STATION." A structure made of metal, aluminum, or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station.
"GRADE." The height of the top of the curb or, if no curb exists, the height of the edge of pavement in the lane of travel adjacent to the sign.
"HISTORICAL SIGN." An existing or the replacement of a once existing sign installed or existing more than 30 years ago, which does not or would not meet the standards set forth in this subchapter, can be maintained and/or replaced upon a finding by the Albemarle Community Appearance Commission that the historic significance of the sign outweighs the intent of this subchapter. The City Council shall have final approval of all historic signs. Examples are the Morgan Motor's Pontiac sign and Whispering Pines BBQ.
"OUTPARCEL." A parcel of land associated with and located within a shopping center or multi-tenant nonresidential development, which is designated on an approved site plan as a location for a structure with an intended use, such as but not limited to banks, savings and loans, dry cleaners, service stations, vehicle repair garages, offices, restaurants, retail establishments, or combination of uses thereof.
"PARAPET." That portion of a building wall or false front that extends above the roofline.
"PREMISES." A parcel of real property with a separate and distinct number and designation shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established pursuant to applicable zoning. Outparcels of shopping centers shall be considered on the premises of the shopping center for the purpose of these regulations.
"ROOF LINE." The highest point of a flat roof and mansard roof and the highest point of a pitched roof, excluding any cupolas, chimneys, or other minor projections.
"SETBACKS, SIGN." The shortest horizontal distance from the line or right-of-way to the nearest point (leading edge) of the sign or its supporting member, whichever is nearest to the property line or right-of-way.
"SIGHT DISTANCE TRIANGLE." The restrictions set forth shall apply to all of the following triangles of land:
(1) That triangle bounded by the curb edges (or edges of pavement where there is no curb) 50 feet from the midpoint of the radius of the curb edge (or edge of pavement where there is no curb) in each direction and the diagonal line connecting the further ends of such 50-foot lengths: and
(2) That triangle bounded by the right-of-way lines measured 35 feet from the point of their intersection in each connecting the further ends of such 35-foot lengths.
(3) The North Carolina Department of Transportation standard 10 feet 70 feet sight distance triangle.
"SIGN." Any object, display, or structure or part thereof situated outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious, or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols.
"SIGN, ADVERTISING." A sign, other than a directional sign, which directs attention to or communicates information about a business, commodity, service, or event that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located. Advertising signs are not allowed.
"SIGN, ARM." A sign whose face is suspended from a support arm at a right angle from a ground-mounted pier, pillar, column, or pole. The face of such sign shall not be more than three feet from the ground.
"SIGN, CAMPAIGN OR ELECTION." A sign that advertises a candidate or issue to be voted upon on a definite election day.
"SIGN, CANOPY OR AWNING." A sign attached to or painted or printed onto a canopy or awning. For the purposes of this subchapter, the permitted size of a canopy or awning sign will be calculated on the basis of the size of the building wall to which the canopy is attached. It will, for measuring purposes, be considered a wall sign.
"SIGN, CONSTRUCTION." A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
"SIGN, DIRECTIONAL." A sign fronting on a road that contains only the name of the principal use, directional arrow, and mileage to the principal use. Such principal use shall not be visible to the motorist at the location at which the sign is placed.
"SIGN, DIRECTORY." A sign on which the name and location of occupants or the use of a building or property are identified.
“SIGN, ELECTRONIC CHANGEABLE FACE SIGN (ECF).” A sign, display or device, or portion thereof, which electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LED's) fiber optic, or other similar new technology where the message change sequence is accomplished immediately. ECF signs include computer programmable, microprocessor controlled electronic if digital displays that display electronic, static images, static graphics, or static pictures, with or without textural information. EFC signs do not include animated or scrolling images, graphics, or video active images (similar to television images). ECF signs (1) continuously show one message a minimum of five seconds in time before switching to other message, (2) do not dim, flash, fade or scroll messages, (3) has no moving, rotating, fluttering, blinking or flashing elements, (4) has no animation, video, audio, pyrotechnic components, or blue casting technology. The maximum percentage of total sign area for ECF signs shall not exceed 30% under § 92.043
or the maximum allowance for ground mounted signs under § 92.041
for non-residential uses.
"SIGN, FLASHING." A sign that uses an intermittent or flashing light source or windblown and/or mechanically moved reflective material to attract attention is prohibited, except, for messages, which shall continuously show one message a minimum of five seconds in time before switching to another message.
"SIGN, FREE-STANDING." Any sign that is not affixed to a building and is securely and permanently mounted in the ground. Such sign may include a ground, pole, or monument sign.
"SIGN, GOVERNMENT." Any temporary or permanent sign erected and maintained for any government purposes other than signs placed on the premises of a publicly owned building, structure, or other land use, designed to identify to the public and land use. Examples of government signs include speed limit signs, city limit signs, street name signs, and traffic signs. Conversely a sign placed on a public building such as library, school, or public safety building which identifies the building shall not be considered a government sign.
"SIGN, GROUND MOUNTED." Any sign which extends from the ground or which has supports which places the bottom thereof less than two feet from the ground directly beneath the sign.
"SIGN, IDENTIFICATION." A sign which displays only the name, address, and/or crest, or insignia, trademark, occupation, or profession of an occupant, or the name of any building on the premises.
"SIGN, INCIDENTAL." A sign used in conjunction with equipment or other functional elements for a use or operation. These shall include but not be limited to drive-through window menu boards, and signs on automatic teller machines, gas pumps, vending machines, or newspaper delivery boxes.
"SIGN, INSTRUCTIONAL." An on- premises sign designed to guide [vehicles] and/or pedestrian traffic by using such words as "Entrance," "Exit," "Parking," "One Way," or similar directional instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
"SIGN, LIGHTED." A sign illuminated only by light cast upon the sign from an external light source.
"SIGN, LOGO." A sign used by the North Carolina Department of Transportation on limited access highways that directs motorists to nearby businesses and services.
"SIGN, LUMINOUS." A sign illuminated through the use of phosphorescent or luminescent paint or materials.
"SIGN, MONUMENT." A nonmetallic sign in which the bottom of the sign is flush with the ground and the vertical dimension is greater than the horizontal dimension.
"SIGN, OFF-PREMISES." A sign that draws attention to or communicates information about a business, service, or commodity, that exists or is conducted, sold, offered, maintained, or provided at a location other than the premises where the sign is located. Off-premises signs are not allowed.
"SIGN, ON-PREMISES." A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
"SIGN, PEDESTAL." A sign supported by an architectural support or base and not permanently attached to the ground.
"SIGN, POLE." A detached sign erected and maintained on a freestanding frame, mast, or pole and not attached to any building but not including ground-mounted or monument signs. The bottom of such signs shall be greater than three feet from the ground directly beneath the sign.
"SIGN, PORTABLE." A sign not permanently attached to the ground or other permanent structure, including those signs which may be transported to the site on wheels or a truck; signs constructed as or converted to an A-frame sign; streams of flags, pennants, streamers, umbrellas, box type signs, or banners used for advertising purposes. Such sign, whether or not bolted to the ground, shall nonetheless be deemed to be a portable sign. Portable signs are not allowed except where specifically provided for elsewhere in this chapter.
"SIGN, PROJECTING." Any sign other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.
"SIGN, PUBLIC INTEREST." A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public, such as "Warning" and "No Trespassing" signs.
"SIGN, REAL ESTATE." Signs that are used to offer for sale, lease, or rent the premises upon which such sign is placed.
"SIGN, ROOF." A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.
"SIGN, SPECIAL PROMOTION." A temporary sign erected to inform the public about events such as grand openings, going out-of-business, annual membership drives, pledge drives, new program announcements and other similar situations as determined by the Planning Director or his designee.
"SIGN, VEHICULAR." Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property and road. The vehicle is not used in the normal day-to-day operations of the business. For the purposes of this subchapter, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other transportation purposes.
"SIGN, WALL." Any sign directly attached to an exterior wall of a building or dependent upon a building for its support, with its exposed face parallel or approximately parallel to the plane of the building or structure on which it is placed. Signs directly painted on walls shall be considered wall signs.
(Ord. 01-44, passed 12-17-01; Am. Ord. 04-52, passed 11-15-04; Am. Ord. 08-14, passed 4-21- 08; Am. Ord. 13-01, passed 1-22-12; 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
(A) Districts established. For the purposes of sections related to signage in this chapter, the use districts established in § 92.090
shall apply.
(B) Sign illumination.
(1) All lighted signs shall have their lighting directed in such a manner as to illuminate only the face of the sign. All lighted signs shall meet North Carolina Electrical Codes.
(2) No commercial sign (other than a ground-mounted sign) within 100 linear feet of a preexisting residential structure may be illuminated between the hours of 12:00 midnight and 6:00 a.m. A residence shall be deemed "pre-existing" for purposes of this section if it has a valid building permit in effect for construction of the structure or if construction of the structure was complete on or prior to the effective date of this provision.
(C) Unsafe signs. Its owner shall immediately remove any sign determined by the Director of Planning and Community Development or his or her designee to be insecure, in danger of falling, or otherwise endangering the public safety, unless it is repaired and made to otherwise comply with the requirements of this subchapter.
(D) Sign area.
(1) (a) Sign surface area: The area of a geometric shape enclosing any message, logo, symbol, name, photograph, or display face.
(b) Sign frame area: the dimensions of a geometric shape formed by all supports, frames, braces, bordering, and embellishments, which extend beyond the sign surface area and which enclose the sign surface area.
(2) All area provisions in this subchapter are calculated from the following sign surface area dimensions as defined in division (D)(1) of this section.
(3) All height provisions in this subchapter are calculated from the sign frame area dimensions as defined in division (D)(1) of this section.
(4) In the case of signs mounted back-to-back, only one side of the sign is to be used for computation of the area. Back-to-back signs shall be defined as double-faced signs. Otherwise, the surface area of each sign is to be separately computed. In the case of cylindrical signs, signs in the shape of cubes, or other signs which are substantially three-dimensional with respect to their display surfaces, the entire display surface or surfaces is included in computations of area. If a sign is attached to an entrance wall or fence, only that portion of that wall or fence onto which the sign face or letters are placed shall be calculated in the sign area onto which the sign face or letter.
(E) Sign height. The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it.
(F) Construction standards. All signs shall be constructed and installed in accordance with the applicable standards of the North Carolina State Building Code.
(G) Maintenance of signs. All signs shall be maintained in good structural and aesthetic condition. Deficiencies such as chipped paint, broken plastic, missing letters and exposed light bulbs shall be evidence of a lack of maintenance.
(Ord. 01-44, passed 12-17-01; Am. Ord. 10-02, passed 11-15-10; 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
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