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OFF-STREET LOADING AND STORAGE
Every building or structure used for business, trade, or industry hereafter erected shall provide space as indicated below for the loading and unloading and maneuvering space of vehicles off the street or public alley. The space shall have access to an alley or, if there is no alley, to a street. For the purposes of this section, an off-street loading space (exclusive of adequate access drives and maneuvering space) shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade. Space requirements are as follows.
Retail | One space for each 5,000 square feet of gross floor area. |
Wholesale | One space for each 10,000 square feet of gross floor area. |
(‘58 Code, § 19-64; 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
TELECOMMUNICATIONS
Telecommunication towers and facilities are permitted as a special use in all zoning districts established under the City Zoning Ordinance provided the following conditions are met in addition to any applicable regulations set forth for the district:
(A) All telecommunication towers must be of a monopole design and construction. All monopoles must be designed to "telescope" or collapse inward unless documentation can be provided to prove such design is not feasible. Towers of the lattice variety may be used if documentation is provided by the applicant that demonstrates that a monopole tower cannot adequately serve the area.
(B) The maximum allowable height of a tower is 199.9 feet. No variance to the height may be granted unless the applicant can prove the maximum height will not allow for the provision of adequate service levels (i.e. cannot meet reasonable service coverage area). The maximum tower height may be increased by a ratio of one foot for every one linear foot of distance beyond 1,000 linear feet between the base of the proposed tower and any residential districts or platted subdivisions. In such instances, the maximum tower height shall be 240 feet.
(C) The placement of telecommunication towers on existing public utility structures such as water towers whenever feasible is encouraged. No tower may be located within 3,000 linear feet (as measured using the shortest straight line distance between each tower) of a water tower unless the applicant can prove that locating on the water tower is not feasible.
(D) Towers which are completely concealed within an architectural feature of a building or structure so that the tower is architecturally indiscernible as a separate entity are encouraged. Height and setback requirements may be waived when placed on public utility structure or built as concealed towers.
(E) Providers are encouraged to co-locate facilities in an effort to reduce the number of telecommunication towers in the city. The city may require telecommunication providers to negotiate in good faith with other telecommunication providers space at a reasonable lease cost, and to publicize the fact that space is available on a lease basis as part of the special use process. No tower may be located within 1,500 lineal feet of an existing tower unless the applicant can prove co-location is not a viable option.
(F) Where a telecommunication tower is located on a lot with an existing non-residential principal use. The tower must be located in the rear or side yards. If the principal use is residential, the tower must be located in the rear yard only.
(G) An applicant must provide documentation establishing that the proposed tower complies with the Federal Radio Frequency Emission Standards.
(H) Wherever feasible, all accessory structures on the ground which contain switching equipment or other related equipment must be designed to closely resemble the neighborhood's basic architecture or the architecture and style of the principal use on the property.
(I) Screening is required along all sides of the perimeter of the telecommunication tower site as defined in § 92.008 under "Buffer Strip". In addition, a minimum eight foot high fence is required immediately around the tower and any equipment building(s), with the screening to be located on the outside of the fenced area. The telecommunication provided is to be responsible for keeping all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where screening is required, shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the screening shall be replaced in the event it dies. Applicants that are building new towers with co-location opportunities shall plan the fence and screening to accommodate future telecommunication providers on the site such that the fence and screening surrounds all future structures and the tower.
(J) Telecommunication towers may be denied on the basis of negative influence on property values or on aesthetic concerns provided that there is evidence to prove the impact on adjacent property owners will be significant. If a request is denied because of negative influence on property values or on aesthetic concerns, the city must clearly state the reasoning and available evidence of the impact on adjacent property values.
(K) A minimum setback requirement, on all sides of the property shall be one foot for every one foot of actual tower height. For the purpose of establishing setbacks, the measurements shall be from the perimeter fencing which surrounds the equipment shelters, and tower base. No habitable structures shall be within the required setback area. Minimum setback requirements may be reduced by the city if warranted.
(L) Towers having a height of 200 feet or less, shall not contain lights or light fixtures at a height exceeding 15 feet. Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce the effect of glare.
(M) Towers and related facilities no longer used for its original intent for a period of 90 consecutive days shall be abandoned and must be removed by the applicant and/or property owner. It shall be the responsibility of the applicant to notify the city when the tower has been abandoned for greater than 90 days.
(N) A telecommunication provider must apply for a new review and approval process by the Planning Board and City Council of any planned increase in tower height to an existing telecommunication tower. Normal maintenance and repair of the structure can be completed without the issuance of a new permit at the discretion of the Zoning Officer. Co-location of additional telecommunication providers to an existing, approved tower requires review and approval by the Zoning Officer, unless an increase in tower height is proposed, which would require the telecommunication provider to apply for a special use permit, which includes review and approval by the Planning Board and the City Council.
(O) Free-standing signs are prohibited. Wall signs limited to identification area allowed on equipment structures on fences surrounding the telecommunication tower provided it does not exceed nine square feet in size. Any signage must be specifically addressed in the special use permit.
(P) The telecommunication provider must show proof of adequate insurance coverage for any potential damage caused by or to the tower prior to the issuance of a special use permit. Once approved, documentation of adequate insurance must be provided to the city every 12 months.
(Q) Outdoor storage of equipment or other related items is prohibited.
(R) All applications for a special use permit for a telecommunication tower must include the following information in addition to any other applicable information required in the Zoning Ordinance:
(1) Identification of intended telecommunication provider(s);
(2) Documentation by a professional engineer that the tower has sufficient structural integrity to accommodate more than one user, if applicable;
(3) A statement from the provider indicating intent to allow shared use of the tower and how others will be accommodated, if applicable;
(4) Evidence that the property owners of residentially zoned property within 300 feet of the site in addition to adjacent property owners if applicable, have been notified by the applicant of the proposed tower height and design;
(5) Documentation that the telecommunication tower complies with the Federal Radio Frequency Emission Standards;
(6) Documentation that towers over 199.9 feet are necessary for a minimal level of service;
(S) The provisions of 92-60 shall not apply to radio transmission facilities having a height of 100 feet or less and which, at a height of 50 feet above the base, have a maximum horizontal measurement of 18 inches, nor to towers erected and maintained by a public authority for public safety or emergency communication purposes, nor to antennas or antenna structures used by individuals or groups licensed in the Amateur Radio Service by the Federal Communication Commission.
(Ord. 97-58, passed 1-5-98; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)
ZONING 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)
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)
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