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(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)
(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
(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
(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
(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)
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