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(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
(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
(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)
(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)
(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
(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
(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)
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