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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)
(A) Purpose. The historical heritage of City of Albemarle is one of our most valued and important assets. The conservation of and preservation of historic districts and landmarks stabilize and increase property values in their areas and strengthen the overall economy of the city. The purpose of establishing a local historic preservation program is:
(1) To safeguard the heritage of the city by preserving any district or landmark therein that embodies important elements of its culture, history, architectural history, or prehistory; and
(2) To promote the use and conservation of such district or landmark for the education, pleasure and enrichment of the residents of the city and the state as a whole.
(B) Historic district and landmark establishment. Historic districts and landmarks are established through the application of an overlay district which are zoning districts that are applied only in conjunction with other zoning districts, and may grant additional use or development requirements upon the underlying zoning controlling the use and development of a lot to ensure the compatibility and appropriateness of exterior design within the historic district or for the landmark. Overlay districts can be applied to any zoning districts and the boundaries of such overlay shall be shown on the official zoning map of the city. An overlay district can be initiated as an amendment by City Council, Planning Board, Historic Resources Commission, or a property owner.
(C) Designation of historic districts. The City Council may adopt, amend, reject, or repeal ordinances designating historic districts when adoption or amendment is pursuant to the following procedure:
(1) An investigation and report describing the historical, architectural, or archaeological significance of the area included in any such proposed district, and the description of the boundaries of such district has been prepared; and
(2) The North Carolina Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, shall make an analysis of and recommendations concerning such report and description of proposed boundaries. Failure of the Department to submit its written analysis and recommendations to the City Council within 30 calendar days after a written request for such analysis has been received by the Department of Cultural Resources shall relieve the city of any responsibility for awaiting such analysis, and the City Council may at any time thereafter take any necessary action to adopt or amend its zoning ordinance.
(3) Historic districts shall consist of areas which are deemed to be of special significance in terms of their history, prehistory, architecture and/or culture, and to possess integrity of design, setting, materials, feeling, and association. The conservation of such a district will provide for the education, pleasure and enhancement of the quality of life of all residents of the city.
(4) The City Council shall designate the boundaries of a historic district in accordance with the procedures set forth in § 92.140, Amendment Procedures.
(5) Following the City Council designation and approval of a historic district, the area so designated shall be labeled as an overlay district on the official zoning map with HDO/Historic District Overlay.
(6) With respect to any changes in the boundaries of such district subsequent to its initial establishment or the creation of additional districts within the city, the investigative studies and reports shall be prepared by the Historic Resources Commission and shall be referred to the Planning Board for its review and comment. Changes in the boundaries of an initial district or proposals for additional districts shall also be submitted to the Department of Cultural Resources in accordance with the provisions as stated in division (C)(2) above.
(D) Designation of landmarks. The City Council may adopt, amend, reject, or repeal ordinances designating historic landmarks that meet the following criteria, when those ordinances contain the following elements and when adoption or amendment is pursuant to the following procedure:
(1) Criteria for designation. No building, structure, site, area, or object shall be recommended for designation as an historic landmark unless it is deemed and found by the Historic Resources Commission to be of special significance in terms of its historical, prehistorical, architectural, archaeological, and/or cultural importance, and to possess integrity of design, setting, workmanship, materials, feeling and/or association.
(2) Elements of ordinances designating historic landmarks. Ordinances designating historic landmarks shall contain the following elements which shall:
(a) Describe each property designated in the ordinance, including the approximate area of the property so designated.
(b) List the name or names of the owner or owners of the property.
(c) Describe those elements of the property that are integral to its historical, prehistorical, architectural, archaeological and/or cultural significance.
(d) Describe the nature of the Commission's jurisdiction over the interior, if any, and those interior features of the property to be reviewed for certificates of appropriateness if they are to be changed.
(e) Require, for each building, structure, site, area, or object designated as an historic landmark that the waiting period set forth in G.S. 160D-949A specifically be observed prior to its demolition.
(f) Recite any other information the City Council deems necessary within the authority conferred by the General Statutes.
(3) Procedure for adopting or amending historic landmark ordinances. Ordinances designating historic landmarks shall be adopted and amended according to the following procedure:
(a) The Historic Resources Commission shall make, or cause to be made, an investigation and report on the historical, prehistorical, architectural, archaeological and/or cultural significance of each building, structure, site, area, or object proposed for designation. Applications prepared by owners will be judged by the same criteria as those prepared by the Commission. Such reports shall contain the following information:
1. The name of the property to be considered for designation, both common and historic names, if they can be determined.
2. The name and address of the current property owner.
3. The location of the property proposed to be designated historic, including the street address and tax map and parcel numbers.
4. The date of construction and of any later alterations, if any.
5. An assessment of the significance of the site or structure pursuant to this section.
6. An architectural or archaeological description of the area of the site or structure proposed to be designated. If outbuildings or other appurtenant features are proposed to be designated, the report shall contain a description of those features.
7. An historical discussion of the site or structure within its type, period, and locality.
8. Photographs that clearly depict the property proposed to be designated, including views of all facades, pertinent details and siting.
9. A map showing the location of the property, including any outbuildings and appurtenant features.
10. A clear description of the boundaries.
(b) The Commission shall forward its recommendation to the City Council. The Commission shall refer the report to the State Department of Cultural Resources, Division of Archives and History.
(c) The Department of Cultural Resources, acting through the State Historic Preservation Officer or his or her designee, may make an analysis of and recommendations concerning the report. If the Department does not submit its written comments or recommendations in connection with any proposed designation within 30 calendar days after a written request for such analysis has been received by the Department, the Commission and the City Council shall be relieved of any responsibility to consider such comments.
(d) The Historic Resources Commission and the City Council shall each hold a public hearing on the proposed ordinance. Written notice of the hearings shall be mailed by the Resources Commission to all owners and occupants of properties with standing in the hearing. For the purposes of this section, owners of property within 100 feet of the location of the subject property(s) shall be considered to have standing, unless evidence is presented at the hearing by the owners of additional properties which with valid claims of substantial impacts exceeding the impact to the district as a whole. The identity and current mailing address of owners shall be ascertained by the exercise of reasonable diligence, including the use of readily available County property records. All such notices shall be published or mailed not less than ten nor more than 25 days prior to the date set for the public hearing. The mailed notices in this division are for the convenience of property owners and occupants, and any defect or their omission therein shall not impair the validity of the public hearing or any action following therefrom.
(e) Following the public hearings, the City Council may adopt the ordinance as proposed, adopt the ordinance with any amendments it deems necessary, or reject the proposed ordinance.
(f) Upon adoption of the ordinance or any amendments thereto, the owners and occupants of each designated historic landmark shall be given written notification of such designation insofar as reasonable diligence permits. One copy of the ordinance and each amendment thereto shall be filed by the Historic Resources Commission in the office of the County Register of Deeds. Each property designated as an historic landmark in the ordinance shall be indexed according to the name of the owner of the property in the grantee and grantor indexes in the Register of Deeds office, and the Historic Resources Commission shall pay a reasonable fee for filing and indexing. A second copy of the ordinance and of each amendment thereto shall be kept on file in the City Clerk's office and shall be made available for public inspection at any reasonable time. A third copy of the ordinance and each amendment thereto shall be given to the County Building Inspector.
(g) Upon adoption of the ordinance or any amendments thereto, it shall be the duty of the Historic Resources Commission to give notice thereof to the County Tax Assessor. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the Assessor in appraising it for tax purposes. The fact that a building, structure, site, area, or object has been designated an historic landmark shall be clearly indicated on all tax maps maintained by the county for such period as the designation remains in effect.
(E) Jurisdiction of Historic Resources Commission. The City of Albemarle Historic Resources Commission, with assistance from city staff, shall be responsible for preserving the city's historic resources within its limits and its extraterritorial jurisdiction on the city's official zoning map. The Commission's composition, procedures and duties shall comply with §§ 21.77 through 21.80 and any other pertinent sections of this code.
(F) Certificates of appropriateness required.
(1)(a) No exterior portion of any building or other structure (including masonry, walls, fences, light fixtures, steps and pavement, or other appurtenant features), nor above-ground utility structure, nor any type of outdoor advertising sign, nor any tree larger than 18 inches in diameter at four and one-half feet above the ground shall be erected, altered, restored, moved or demolished on a landmark, or within the historic district, until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic Resources Commission, or its designee.
(b) However, in the case where a tree may be diseased, severely damaged or undermining property without posing an immediate danger, it can be removed and shall be replaced with a similar type plant material contained on the plant list of the Design standards with a minor works approval. In addition, nothing in this section would prevent the immediate removal of a tree that the Historic Preservation Commission Administrator, Building Inspector or emergency responders deem to be an immediate danger to life or property.
(c) Exterior features shall include the architectural style, general design and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. In the case of outdoor advertising signs, exterior features shall be construed to mean the style, material, size and location of all such signs.
(2) Such a certificate shall be issued by the Commission prior to the issuance of a zoning permit or other permit granted for purposes of constructing, altering, moving or demolishing structures. A certificate of appropriateness shall be required whether or not a zoning permit is required. Therefore, a certificate of appropriateness is a prerequisite to the issuance of such a zoning permit or such other permits. Any such zoning permits or such other permits not issued in conformity with this section shall be invalid.
(3) The landmark or historic district regulation may provide, subject to prior adoption by the Preservation Commission of detailed standards, for staff review and approval as an administrative decision of applications for a certificate of appropriateness for minor work or activity as defined by the regulation; provided, however, that no application for a certificate of appropriateness may be denied without formal action by the Preservation Commission. Other than these administrative decisions on minor works, decisions on certificates of appropriateness are quasi-judicial and shall follow the procedures of G.S. 160D-406.
(G) Criteria to determine appropriateness.
(1) The following review criteria, along with companion design standards found and the standards of the Secretary of the Interior, shall be considered, where relevant, to make findings of fact indicating the extent to which the application for a certificate of appropriateness is or is not congruous with the special character of the designated landmark or district:
(a) Building height.
(b) Walls.
(c) Proportion of width to height of the total building facade.
(d) Proportion, shape, positioning, location, pattern and sizes of any elements of fenestration.
(e) Spacing of buildings, defined as the distance between adjacent buildings.
(f) Building materials.
(g) Surface textures.
(h) Expression of architectural detailing.
(i) Roof shapes.
(j) Scale.
(k) Orientation of the building to the street.
(l) Ground cover or paving.
(m) Signs.
(n) Exterior lighting and appurtenant features.
(2) The Commission shall adopt principles and standards interpreting these criteria for new construction, alterations, additions, moving and demolition of landmarks or properties in the historic district.
(H) Demolition.
(1) An application for a certificate of appropriateness authorizing the relocation, demolition or destruction of a designated landmark or a building, structure or site within the historic district not designated as a local landmark, may not be denied except as provided in division (H)(2) below. However, the effective date of such a certificate may be delayed for a period of up to 365 days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the Commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the Commission shall negotiate with the owner and with any other parties in an effort to find a means of preserving the building or site for cause.
(2) An application for a certificate of appropriateness authorizing the demolition or destruction of a building, site or structure determined by the state Historic Preservation Officer as having statewide significance, as defined in the criteria of the National Register of Historic Places, may be denied except where:
(a) The Commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial; or
(b) The property has been found, after proper inspection, to be a threat to public safety, and the city has adopted a demolition ordinance under the minimum housing code.
(3) If the Commission has voted to recommend designation of a property as a landmark or designation of an area as a district, and final designation has not been made by the City Council, the demolition or destruction of any building, site or structure located on the property of the proposed landmark or in the proposed district may be delayed by the Commission for a period of up to 180 days or until the City Council takes final action on the designation, whichever comes first, per G.S. § 160D- 949, Section A.
(I) Land use, interior arrangement, maintenance, emergency repairs not considered.
(1) Nothing herein shall be construed to prevent a property owner from making any use of his or her property not prohibited by other statutes, ordinances or regulations.
(2) The Commission may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey thereof. However, no member, employee, or agent of the Commission may enter any private building or structure without express consent of the owner or occupant thereof.
(3) Except as provided in division (I)(4) below, the Commission shall have no jurisdiction over interior arrangement and shall take no action except to prevent the construction, reconstruction, alteration, restoration, moving or demolition of buildings, structures, appurtenant features, outdoor advertising signs, or other significant features which would be incongruous with the special character of a landmark or of the district.
(4) Notwithstanding division (I)(3) above, the jurisdiction of the Commission over interior spaces shall be limited to specific interior features of architectural, artistic or historical significance in publicly owned designated landmarks; and of privately owned historic landmarks for which consent for interior review has been given by the owner. The consent of any owner for interior review shall bind future owners and/or successors in title, provided such consent has been filed in the office of the Register of Deeds, and indexed accordingly to the name of the owner of the property in the grantee and grantor indexes. The landmark designation shall specify the interior features to be reviewed and the specific nature of the Commission's jurisdiction over the interior.
(5) The ordinary maintenance or repair of any exterior architectural feature of a landmark or in the historic district which does not involve a change in design, material, or outer appearance thereof, shall not be prevented by the requirements pertaining to the designated landmark or historic district.
(6) Nothing in this section shall be construed to prevent:
(a) The maintenance, or
(b) In the event of an emergency, the immediate restoration of any existing aboveground utility structure without approval by the Commission.
(7) The construction, reconstruction, alteration, restoration, moving or demolition of any exterior architectural features, which the City Code Inspector or similar official shall certify is required for public safety because of an unsafe or dangerous condition, shall not be prevented by the requirements pertaining to the landmark or the historic district.
(J) Hearing procedures.
(1) The Historic Resources Commission shall receive applications for certificates of appropriateness as required under division (F) above. The Commission shall review such application according to the review criteria, the design standards and the Secretary of the Interior's Standards for Rehabilitation & Illustrated Standards for Rehabilitating Historic Buildings, and shall approve or disapprove such application as provided in division (J)(5) below.
(2) The Historic Resources Commission shall follow the procedures for a quasi-judicial hearing as outlined in § 21.011, except in the case of minor works.
(3) Prior to issuance or denial of a certificate of appropriateness, the Commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. A written notice of the proposal shall be sent to the applicant and to owners of property (i.e., lots, parcels or tracts of land) within 100 feet of the property for which an application for a certificate of appropriateness has been applied for.
(4) The Historic Resources Commission's final action on an application for a certificate of appropriateness shall be by the passage of a motion to take one of the following actions:
(a) Approve the application for a certificate of appropriateness, as proposed;
(b) Approve the application for a certificate of appropriateness, subject to specific conditions and/or modifications of the proposal presented in the application for a certificate of appropriateness;
(c) Disapprove the application for a certificate of appropriateness as proposed or modified.
(5) An appeal of the Commission's action in granting or denying any certificate:
(a) May be taken to the Zoning Board of Adjustment by any aggrieved party;
(b) Shall be taken within times prescribed by the Historic Resources Commission by general rule; and
(c) A petition for review shall be filed with the Clerk of Superior Court by the later of 30 days after the decision is effective, or after a written copy thereof is given in accordance with G.S. 160D-1405. When first-class mail is used to deliver notice, three days shall be added to the time to file the petition.
(K) Minor works.
(1) "MINOR WORKS" are defined as those exterior changes that do not involve substantial alterations, additions or removals that could impair the integrity of the landmark or property in the historic district. A list of all minor works shall be kept within Commission's historic preservation standards and otherwise made readily available to the public. Any amendments to Commission's designated list of minor works shall be promptly updated in the standards document and anywhere else displayed.
(2) A certificate of appropriateness application, when determined to involve a Commission- designated minor work, may be reviewed and approved by the Historic Preservation Commission Administrator, or other staff member designated to this task by the Director of Planning and Development Services. No official meeting nor advertisement or notification of property owner(s) shall be required prior to approval.
(3) Administrator approvals of applications for minor works shall be based upon Commission's standards. If the Administrator does not issue a certificate of appropriateness because they do not believe the proposed alterations in the application to be congruous with design standards, the applicant will be advised to make a formal application to the Historic Resources Commission for its approval. In such a case, the application shall be procedurally treated as a proposal for a major exterior alteration, added to an agenda and advertised for as required. No application, for either major or minor works, may be denied a certificate of appropriateness without formal action by the Historic Resources Commission.
(L) Certificate of issuance; expiration; enforcement.
(1) Passage of a motion to approve an application, with or without modification, shall constitute the issuance of a certificate of appropriateness by the Historic Resources Commission. The application and the duly approved minutes of the Commission shall constitute the written documentation of such issuances. Following the meeting, a certificate shall be mailed to the property for which a certificate has been issued. The certificate shall be posted on the premises, in a location visible from the street, while the work is in progress. Minutes of a Historic Resources Commission meeting shall be approved before the end of the next meeting.
(2) A certificate of appropriateness shall be valid for a period of six months from the date of issuance for the purpose of obtaining a zoning permit or other permit for constructing or altering structures. A certificate of appropriateness shall expire six months after the date of issuance if the work authorized by the certificate has not been commenced. If after commencement the work is discontinued for a period of six months, the permit therefor shall immediately expire.
(3) Compliance with certificates of appropriateness shall be enforced by the Zoning Administrator or other party as assigned by the Planning director. Failure to comply with a certificate of appropriateness shall be a violation of the zoning ordinance. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(4) In case any building, structure, site, area or object designated as a landmark or located within the historic district is about to be demolished, whether as a result of deliberate neglect or otherwise, materially altered, remodeled, removed or destroyed, except in compliance with the ordinance, the Commission or other party aggrieved by such action may institute any appropriate action or proceeding to prevent such unlawful action.
(M) Establishment of Historic District Overlay.
(1) In addition to the use of districts heretofore established under the Zoning Ordinance, a historic overlay district, labeled HDO/Historic District Overlay, is hereby established to include the properties encompassing the historic downtown core generally from Market Station to the west, Five Points to the east, South Street to the south and North Street to the north, more particularly described as follows:
Note: References to the Tax Record numbers identify lots as shown on the GIS MAP of Stanly County effective as of November 15, 2006.
Bounded on the North (1) Beginning with the southwestern corner of Tax Record 3723, which is in the eastern line of N. Depot St., and following the southern property lines of Tax Records 3723 and 23706 to the southeastern corner of Tax Record 23706, which is in the western line of N. First St.; thence (2) crossing North First St. in a northeasterly direction to the southwestern corner of an opened alley on the east line of N. First St.; thence (3) following the southern line of the alley and then crossing the alley in an easterly direction to the western line of Tax Record 23101; thence (4) following the western property line of Tax Record 23101 south to the southwest corner of the aforesaid lot; thence (5) following the southern line of Tax Record 23101 and crossing N. Second St. in an easterly direction to the western property line of Tax Record 28268; thence (6) following the western property line of Tax Record 28268 in a northerly direction to the northwestern corner of Tax Record 28268; thence (7) following the northern property line of Tax Record 28268 and crossing N. Third St. in an easterly direction to the western line of Tax Record 28274; thence (8) following the western line of Tax Record 28274 in a northerly direction past the northwest corner of Tax Record 28274 to the centerline of Montgomery Ave; thence (9) following the centerline of Montgomery Ave. in an easterly direction until it intersects with N. Fourth St.
Bounded on the East (10) Beginning at the northeast corner of Tax Record 28274 and following the western line of N. Fourth St. in a southerly direction to the northeastern corner of Tax Record 28540; thence (11) following the northern line of Tax Record 28540 west to the northwestern corner of the aforesaid lot; thence (12) following the western property lines of Tax Records 28540, 28539, 26031, 25542 in a southerly direction to the southwestern corner of Tax Record 25542; thence (13) following the southern property line of Tax Record 25542 east to the northwestern corner of Tax Record 18329; thence (14) following the western property lines of Tax Records 18329, 9354, 20660, 26521 in a southerly direction to the southeastern corner of Tax Record 28274, which is in the northern line of North St.; thence (15) following the southern property line of Tax Record 28274 for fifty feet in a westerly direction to a point on the northern line of North St.; thence (16) crossing North St. and following the western property lines of Tax Records 25248, 13641, 6433, 24430, 16475 in a southerly direction to the southwestern corner of Tax Record 16475; thence (17) following the southern property line of Tax Record 16475 and crossing N. Fourth St. in an easterly direction to the western property line of Tax Record 18000, which is in the eastern line of N. Fourth St.; thence (18) following the eastern line of N. Fourth St. in a northerly direction to the southern line of a partially opened alley; thence (19) following the southern line of the partially opened alley easterly to the northeastern corner of Tax Record 11755; thence (20) crossing N. Fifth St. and Pee Dee Ave. in an easterly direction to the northeastern corner of Tax Record 35245; thence (21) following the southern line of Pee Dee Avenue northeast to the northwestern corner of Tax Record 13556; thence (22) following the western property line of Tax Record 13556 in a southeastern direction to the southwest corner of the aforesaid lot; thence (23) following the northern edge of Tax Record 10713 in a southwesterly direction to the northwest corner of the aforesaid lot; thence (24) following the western property line of Tax Record 10713 in a southeasterly direction to the southwest corner of the aforesaid lot, which is in the northern line of E. Main St.; thence (25) following the southern property line of Tax Record 7885 in a southwesterly direction to the southwest corner of the aforesaid lot, thence (26) following the southern property line of Tax Record 35245 in a westerly direction for 365 feet to a point which is located along the northern line of E. Main St.; thence (27) crossing E. Main St and following the western property line of Tax Record 17849 in a southerly direction to the southwestern corner of the aforesaid lot; thence (28) following the southern property line of Tax Record 17849 easterly to the southeast corner of the aforesaid lot; thence (29) following the western property lines of Tax Records 17335 and 6513 to the northeastern corner of Tax Record 20582.
Bounded on the South (30) Beginning at the northeast corner of Tax Record 20582 and following the northern property line in a westerly direction to the northwestern corner of the aforesaid lot; thence (31) crossing S. Fourth St. in a northwesterly direction to the northeast corner of Tax Record 33436; thence (32) following the northern property line of Tax Record 33436 westerly to the northwest corner of the aforesaid lot; thence (33) following the western property line of Tax Record 33436 to the southwestern corner of the aforesaid lot, which is on the northern line of an unopened alley; thence (34) following the northern line of the unopened alley in a westerly direction to the southeastern corner of Tax Record 23381; thence (35) following the eastern property line of Tax Record 23381 in a northerly direction to the northeastern corner of the aforesaid lot; thence (36) following the northern property line of Tax Record 23381 and crossing S. Third St. in a westerly direction to the eastern property line of Tax Record 22795, which is in the western line of S. Third St.; thence (37) following the eastern property lines of Tax Records 22795 and 28510 in a southerly direction to the southeastern corner of Tax Record 28510 (excluding the part of Tax Record 28510 where the Stanly County Jail is located); thence (38) following the northern line of Tax Record 28506 in a westerly direction to the northwest corner of the aforesaid lot; thence (39) following the western property line of Tax Record 28506 in a southerly direction to the northeast corner of Tax Record 11387; thence (40) following the northern property line of Tax Record 11387 and crossing S. Second Street in a westerly direction to the eastern property line of Tax Record 28498, which is in the western line of S. Second St.; thence (41) following the western line of S. Second St. in a southerly direction across South St. to the northeast corner of Tax Record 20382, thence (42) following the northern property line of Tax Record 20382 in a westerly direction to the northwestern corner of the aforesaid lot; thence (43) following the western property line of Tax Record 20382 to the southwest corner of aforesaid lot; thence (44) following the northern line of an open alley seventy-eight feet in a westerly direction to a corner in an eastern property line of Tax Record 18289; thence (45) following that eastern property line of Tax Record 18289 in a northerly direction for twenty-three feet to another corner in the northern property line of Tax Record 18289; thence (46) following the northern line of Tax Record 18289 to the northwestern corner of the aforesaid lot, which is in the eastern line of S. First St; thence (47) following the eastern line of S. First St in a northerly direction crossing South St. to the southwest corner of Tax Record 6994; thence (48) crossing S. First St. in a westerly direction to the southeastern corner of Tax Record 9959; thence (49) following the northern line of South St. in a southwesterly direction and crossing S. Depot St. to the southeast corner of Tax Record 2067; thence (50) following the eastern property lines of Tax Records 2067 and 10902 in a northerly direction to the northeast corner of Tax Record 10902; thence (51) following the northern property line of Tax Record 10902 in a westerly direction to the northwest corner of the aforesaid lot; thence (52) following the eastern property line of Tax Record 139 in a southerly direction to the southeastern corner of the aforesaid lot; thence (53) following the southern property line of Tax Record 139 and crossing Railroad St. in a westerly direction to the eastern property line of Tax Record 31117; thence (54) following the eastern property line of Tax Record 31117 in a southerly direction to the southern most corner of Tax Record 31117, which is on the eastern line of the Winston Salem Southbound Railroad right-of-way.
Bounded on the West (55) Beginning at the southern most corner of Tax Record 31117, following the eastern line of the right-of-way of the Winston Salem Southbound Railroad in a northerly direction to the northwestern corner of Tax Record 28491; thence (56) following the northern property line of Tax Record 28491 in an easterly direction to the northeast corner of the aforesaid lot; thence (57) following the eastern property line of Tax Record 28491 in a southerly direction to the northwest corner of Tax Record 2476; thence (58) following the northern property line of Tax Record 2476 in an easterly direction to the northeast corner of the aforesaid lot; thence (59) following the eastern property line of Tax Record 2476 in a southerly direction to the northwest corner of Tax Record 33265; thence (60) following the northern property line of Tax Record 33265 and crossing Harris St., a railroad right-of-way and N. Depot St. in an easterly direction to the northwest corner of Tax Record 22788, which is in the eastern line of N. Depot St; thence (61) following the eastern line of N. Depot St. in a northerly direction to the southwestern corner of Tax Record 3723, which is the point of Beginning.
(2) The above is depicted on a map entitled Proposed Downtown Albemarle Local Historic District, which is attached to Ordinance No. 06-27, passed December 18, 2006, and incorporated by reference herein, and is on file with the city at the Office of Planning and Community Development located at 144 N. Second Street, Albemarle NC.
(Ord. 05-41, passed 11-7-05; Am. Ord. 06-27, passed 12-18-06; Am. Ord. 12-24, passed 8-6-12; Am. Ord. 16-28, passed 8-15-16; Am. Ord. 17-05, passed 3-6-17; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Ord. 22-27, passed 5-16-22; Am. Ord. 24-03, passed 1-8-23)
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