The purpose of the regulations contained in this Article is to allow maximum utilization of land while insuring against detrimental impacts on the environment, neighboring properties, and the public interest. This insurance is provided by separating the incorporated area of the City of Arab into various zoning districts and permitting specified land uses within each, provided that a use meets all the additional criteria specified in this Ordinance.

Section 402 specifies which uses are permitted in each zoning district and defines the use categories used in this Ordinance. The purpose of this Section is to indicate which land uses may locate in each zoning district and which uses may not locate therein. A further distinction is made between uses that may locate in a given district only upon obtaining a conditional use permit to do so. The uses generally described in Section 402 are specifically listed in Sections 404 through 408.

Except as otherwise provided by law or in this Ordinance, no building, structure, or land shall be used or occupied except in the zoning districts indicated and for the purposes permitted in this Section. The general use categories specified by Table 4-1 are defined in Sections 404 through 408.

Uses permitted by right or as a conditional use shall be subject, in addition to use regulations contained in this Ordinance, to all other regulations governing yards, lot size, lot width, building area, easements, provisions of off-street parking and loading, and to such other provisions as are specified in other Articles herein. In particular, the laws of the State of Alabama and the regulations of the Marshall County Department of Health regarding water supply and waste disposal shall be adhered to. Further, no permits shall be issued until approval is obtained from the Marshall County Department of Health for water supply and sewage disposal, unless the premises are served by public water and/or sewage facilities.

402.01. Table of Uses.

All permitted uses and uses requiring conditional use approval pursuant to Section 903 are listed in Table 4-1. In addition, the table notes uses for which special development standards apply, regardless of whether such uses are designated as permitted or conditional. Special development standards are listed in Section 409.

A use listed in Table 4-1 in any district denoted by the letter "P" is a use permitted by right, provided that all other requirements of State law and this Ordinance have been met. A use listed in Table 4-1 denoted by the letter "C", may be permitted as a Conditional Use, provided that the requirements of Article IX have been met.

In any case where a requested use is not specifically listed in Table 4-1 or Sections 404—408, of this Ordinance, the Planning Commission shall review and determine the status of the requested use. Such determination should be by reference to the most clearly similar use or uses that are specifically referred to in the Table of Uses and/or Sections 404—408. When the status of a use has been so approved by the Planning Commission, such determination shall thereafter have general application to all uses of the same type.

Where any use or similar use has blank spaces under zoning districts listed in the headings of the Table of Uses, such use is specifically not permitted in such zoning districts either by right or as a conditional use.

In addition to Table 4-1, the following regulations regarding permitted uses are established:

A.

Existing Garage Apartments in the Residential (R), Office-Institutional (O-I), Urban Mix (UM) and Historic Downtown (HD) Districts are permitted uses and may be improved within the existing structure, but there shall be no increase in the number or size of dwelling units in the structure and may be required to conform to current standards. When existing Garage Apartments are improved, off-street, paved parking spaces shall be provided and any required buffer yards shall be installed. New Garage Apartments are allowed in the R1, R2, R3, UM, HD, & AG Districts and are considered as a Secondary Residence; please refer to Section 411 for conditions.

B.

Uses not listed in Table 4-1 or Sections 403-408 are not permitted in any district except pursuant to Article X, which provides for interpretation of uses, or Article VIII, which provides for nonconformities.

C.

Although a use may be indicated as permitted or conditionally permitted in a particular district, it does not follow that such a use is permitted or permissible on every parcel in such district. No use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the development standards and other regulations of this Ordinance applicable to the specific district, use and parcel in question.

Table 4-1
TABLE OF PERMITTED USES

(Ord. No. 2019-4, § 1, 9-3-19; Ord. No. 2021-1, § 1, 2-17-21; Ord. No. 2024-1, § 1, 2-5-24)

The categories of uses utilized by this Ordinance are defined in Sections 404 through 408. The uses not enumerated in these sections are not necessarily excluded. Article XI empowers the Administrative Officer to make interpretations of use.

404.01. Agriculture. Agricultural uses include farms (and farm residences); fish or poultry hatcheries; fur-bearing animal ranches; orchards; raising of livestock, horses, or poultry; truck farming; and all other agricultural uses. It does not include uses that may be accessory to agriculture, such as retail stores, nor does it include industries or businesses that support or are supported by agriculture.

404.02. Forestry. This use includes commercial logging and pulping operations, clearing or destruction of forested or woodland areas, selective cutting or clearing for commercial or other purposes, clearing for agriculture or other prospective land uses, and clearing of vegetation in reserved open space or resource protection areas. This does not include authorized clearing in accordance with plans approved pursuant to this Ordinance, removal of sick or dead trees, or removal of trees on non-contiguous lots of one (1) acre or less.

405.01. Conventional residential. Conventional residential uses consist of all single-family detached dwelling units. All conventional residential development approved after enactment of this Ordinance shall conform to the requirements of Section 410.

405.02. Alternative residential. Alternative residential uses consist of all residential developments, except those included within the conventional residential use category, approved after enactment of this Ordinance. This use category permits the residential builder considerable freedom by allowing varied types of dwellings, lot sizes, and design. It also insures adequate open space in each development. See Section 603.02

406.01. Outdoor recreational. Outdoor recreational uses include arboretums; areas for cycling, hiking, and jogging; commercial stables; golf courses; nature areas; parks (private); picnic areas; play fields; playgrounds; outdoor swimming pools; tennis courts; wildlife sanctuaries; and all other outdoor recreational uses. Specifically excluded are outdoor movie theaters, miniature golf courses, and golf driving ranges. This use is basically an open-space use.

406.02. Indoor recreational. Indoor recreational uses include aquariums, community or recreation centers; gymnasiums; indoor skating rinks (ice or roller); arcades or billiard parlors; indoor swimming pools; tennis, racquetball and handball courts.

406.03. Institutional Uses. These uses include boarding houses; day or youth camps; cemeteries; churches; convents or monasteries; dormitories; day care centers; group child care homes; day or nursery schools; group homes; private libraries or museums; nursing homes; or private schools; schools or facilities for the physically or mentally handicapped and all other institutional and special residential uses.

These uses are all supportive of the residential community. They provide indoor space for recreation, hobbies, meetings, education, and worship, as well as cultural facilities, group quarters for religious groups and the infirm or elderly. Some uses may be operated for private profit.

407.01. Office. Office uses include governmental offices, business or professional offices, medical offices or clinics, and all other office uses.

407.02. Commercial and entertainment. This use category includes general retail commercial uses, primarily occurring indoors and serving a wide range of customers and requiring high visibility locations. These uses include veterinary offices with indoor kennels; auto parts/accessory stores (no repairs); auto detailing; banks and other financial institutions (without drive thru windows); blueprint and copy stores; bowling alleys; commercial or trade schools (e.g., dance studios, schools for martial arts); currency exchanges; funeral homes; mortuaries; grocery stores and supermarkets (excluding convenience stores, e.g., "7-Eleven" stores); ice cream stores or stands; laundries and/or dry cleaners; light mechanical repair stores (e.g., watch, camera, bicycle, TV); stores selling liquor, or beer (in sealed containers, not for consumption on premises); lodges for fraternal orders; package stores; taverns, lounges and private clubs; restaurants (standard sit-down, not fast food); restaurant-lounges; restaurant pubs; retail sales or stores; service businesses or stores (e.g., catering, duplicating, photography, shoe repair, tailoring, travel agency, upholstering); shopping centers; theaters and auditoriums (indoor); upholstery stores; building materials sales (excluding asphalt or concrete mixing) with no outdoor storage; carpet and rug cleaning plants; extermination shops; equipment rentals (no outdoor display); automated free-standing walk-up facilities; barbershops and beauty shops; hotels and motels; and all other commercial and entertainment uses.

407.03. Commercial outdoor recreational use. These uses include amusement parks, drive-in theaters, fairgrounds, golf driving ranges (including miniature golf), outdoor theaters (or amphitheaters), race tracks (e.g., auto, dog, go-kart, harness, horse, motorcycle), archery ranges, sport arenas, stadiums, and all other commercial recreation uses. This group includes recreational uses that are greater nuisances than conventional outdoor recreational activities, because of their size and scale, traffic volumes, noise, light, or physical hazards such as flying objects or use of weapons.

407.04. Recreational rental dwelling uses. These uses include travel trailer parks, recreational vehicle parks, camps or campgrounds with overnight camping or vacation cottages, rental cabins, vacation cottages, and all other recreational rental uses. These uses are all short-term rental facilities oriented toward leisure activities for the vacationer or organized activities such as summer camps. The maximum length of stay for any user shall be 60 consecutive days.

407.05. Road service. This use category includes commercial uses having a high degree of customer turnover, outdoor activity or outside storage of merchandise. These uses include boat rental and/or storage facilities; body shops; convenience stores (e.g., "7-Eleven" stores); gasoline service stations; hotels or motels; retail sales with small engine repair as an accessory use, such as lawn mower stores; fast-food restaurants and any bank with drive thru tellers; parking garages/lots; vehicle rentals; vehicle repair (body) shops; vehicle sales, supplies, and service (new or used auto, boat, bus, equipment, motorcycle, truck); and all other road services.

407.06. Public service. These uses include hospitals, emergency services (e.g., ambulance, fire, police, rescue), service buildings or garages, utility or broadcasting stations or towers, utility service yards or garages, public schools, public libraries/museums/art centers, public parks, public animal shelters, and all other public utility and public service uses.

407.07. Agricultural support. These uses include farm equipment sales and repair, farm produce sales and supply (feed, grain, fertilizer), farm product processing (cider mill, dairies, poultry, or meat processing), and all other agricultural support uses.

407.08. Nurseries. This category includes nurseries with or without retail sales or greenhouses. A nursery is basically an open-space use, which generates little traffic and has few nuisances, such as late hours or customer or truck noise, associated with it. Nurseries are distinguished from more intensive garden center uses.

407.09. Regional shopping center. This category includes commercial land development consisting of 500,000 or more square feet of gross floor area.

407.10. Commercial support. This use category includes uses, which support the City's retail economy by providing merchandise distribution, storage, and repair services. These uses include beverage distributors; blacksmith shops; bulk materials or machinery storage (fully enclosed); large equipment rental/sales/service; contractors' offices and equipment storage yards; dry cleaning and laundry plants serving more than one (1) outlet; fuel, oil, ice, coal, and wood sales; furniture cleaning plants; furniture refinishing shops; manufacturing (including the production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs, and products in plants with less than 30,000 square feet of floor area or fewer than 100 employees on every shift); mirror supply and refinishing shops; monument works; ornamental iron workshops; printing plants; publishing plants; trade shops (including cabinet, carpentry, planing, plumbing, refinishing, and paneling); small engine repair as a principal use; veterinary offices with open or partially enclosed runs, yards, pens; and/or kennels; wholesale business and storage; warehouses, office-warehouse, and miniwarehouses; and all other commercial support uses.

407.11. Neighborhood Shopping Center. A commercial development site containing one or more commercial buildings, together with all required parking, landscaping, buffering, signs, drainage facilities, and other design features to accommodate the uses permitted on the site. The purpose of the neighborhood shopping center is to serve the limited commercial needs of nearby residential development. It is not intended to provide commercial services to customers from other areas of the City.

Permitted uses shall include branch banks; small garden supply stores; grocery stores or supermarkets; ice cream stores; laundries and/or dry cleaners; light mechanical repairs such as cameras, watches, or televisions; barber or beauty shops; standard sit-down restaurants (no fast food establishments); gasoline service stations; and similar retail stores and service businesses.

408.01. Industry. This use category includes asphalt or concrete mixing plants; bulk material or machinery storage (unenclosed); fuel/power generation plants; grain elevators; meat packing plants; recycling facilities; truck, motor, or rail terminals; dyeing plants; food processing and packing plants; lumber yards; pilot plants; scientific (e.g., research, testing, or experimental) laboratories; also, those uses listed above as commercial support, any industrial use having 30,000 or more square feet of floor area or having 100 or more employees on any shift, and all other industrial uses.

This group contains uses that have significant potential for negative impact on any uses that would locate relatively close to them. This group differs from commercial support uses in that it includes uses that require enclosed structures, which are large, tall, and unsightly, such as concrete batching plants. These uses also have significant potential for generation of odor and may involve large amounts of exterior storage; because of their scale, they are likely to have a regional impact.

408.02. Extraction and junkyard uses. This category includes junk, scrap, or salvage yards and all extraction uses. These uses create major disruptions to the area's environment, even when carefully regulated. Dust, dirt, noise, and unsightly conditions can be anticipated. None of these uses are an acceptable neighbor in an urban environment.

408.03. Airports, Landing Strips and Heliports. This category includes any facility used for take-off, landing, storage, maintenance, and/or repair of aircraft. It also includes aviation-related activities, such as radar and communications facilities, flight schools, and cargo loading and storage areas.

Certain uses have unique characteristics that require the imposition of development standards beyond those minimum standards which may pertain to the general group of uses encompassing the use. These uses are listed below, together with the specific standards that apply to the development and use of land for the specified activity. These standards shall be met in addition to all other standards of this Ordinance, unless specifically exempted.

A.

Agricultural Uses.

Agricultural Production—Farming/Crops

In AG District: May include the growing of crops, horticulture, plant nurseries, greenhouse, hydroponic garden, orchards, bee-keeping and aquaculture.

In R-1 & R-2 Districts: May include crops, horticulture, plant nurseries, greenhouse, hydroponic garden, and orchards provided that any structure used in the agricultural production shall be seventy-five (75) feet from the nearest adjacent principal structure not on the same property.

Agricultural Production—Livestock:

The following limitations shall be placed on the keeping of livestock and fowl within the City of Arab:

In the Agricultural District (AG) livestock and poultry must be located on lots of 5 acres or more and any animal enclosure (i.e., fences, paddocks, barns, or other forms of animal shelters) shall be setback at least seventy-five (75) feet from any principal structure not on the same property. There shall be no other limit on the keeping of livestock, poultry or other forms of fowl with the exception that no swine shall be allowed in the City Limits of Arab, nor shall any commercial poultry houses be allowed within the City Limits of Arab.

B.

Agricultural Support Uses.

Farm equipment sales/repair: All structures and equipment storage areas shall be located at least 200 feet from the nearest residential structure under different ownership. All repairs shall be performed within a fully enclosed structure.

Farm produce sales: Permitted in the Agricultural District (AG), provided that:

1.

Such use shall comply with required front yard setbacks.

2.

Such stands shall sell only products grown or produced on the premises.

Farm product processing in Agricultural (AG)

1.

All such uses must front on a road with a functional classification of Arterial, as designated in Appendix A.

2.

Minimum lot size: five (5) acres.

3.

The total floor area of all nonresidential structures shall be limited to 10,000 square feet. All machinery shall be kept within a fully enclosed structure.

4.

Outdoor pens or cages for animals shall be shall be set back 150 feet from all property lines.

5.

Processing facilities shall not operate between the hours of 11 p.m. and 7 a.m.

C.

Nurseries.

Retail sales of gardening supplies in AG district:

1.

Property must front on a road with a functional classification of arterial, as designated in Appendix A.

2.

Bufferyards shall be provided along all property lines as required.

D.

Residential Uses.

Bed and Breakfast Inn:

1.

Only an existing dwelling unit that meets the following standards may be used as a bed and breakfast establishment.

2.

The owner of the establishment must reside on the premises.

3.

The residence designated as a bed and breakfast establishment cannot contain more than eight (8) guest rooms.

4.

All guest rooms must be contained within the principal dwelling unit; except that when a bed and breakfast use is established in an historic district and the premises include accessory structure such as a carriage house, such accessory buildings may contain guest rooms provided that the total of rooms in the accessory and the main buildings does not exceed eight guest rooms.

5.

Breakfast must be provided daily on the premises for the guests.

6.

The owner of the establishment must obtain a business license from the City of Arab Revenue Department.

7.

A sign, not to exceed six (6) square feet, shall be permitted in a location to be determined by the Planning & Zoning Department. Such sign may be illuminated to an intensity not to exceed one (1) foot candle with lights that are focused on the sign in such a way that they do not create any glare to the surrounding area.

8.

In addition to the off-street parking required by the dwelling unit, one parking space shall be required for each guest room. This additional parking does not have to be paved but shall have a surface that is approved by the Planning & Zoning Department.

9.

In the absence of the resident owner(s) a resident manager(s) may be permitted to operate the inn. Such arrangement shall be limited to a maximum of three (3) months in any given calendar year.

Multi-Family Residential in Historic Downtown District: Residential uses are allowed in the Historic Downtown District only in accordance with the restrictions listed below:

1.

A mixed use facility in the Historic Downtown District may consist of any commercial use permitted in this District as set forth in Table 4-1 of this Ordinance; and

a.

One dwelling unit within the same structure as the commercial as in the case of a loft apartment; or,

b.

Three or more dwelling units within the same structure as the commercial use, as in the case of multiple unit development.

2.

Each living unit shall have a minimum floor area of 600 square feet, and shall be located on the second story or above.

3.

As many dwelling units may be constructed in a mixed commercial/residential facility as would be permitted if the floor area ratio for the Historic Downtown District (Table 4-2) were applied to the entire mixed commercial/residential facility.

4.

No off-street parking will be required for nonresidential uses in the Historic Downtown District (Section 614.06).

5.

Prior to construction of new structures or expansion of existing structures, a site plan shall be reviewed and approved pursuant to Article IX.

E.

Institutional and Special Residential Uses. All new institutional uses must front on a road with a functional classification of Collector or Arterial, as designated in Appendix A.

Daycare:

1.

Must meet all requirements of the State of Alabama

2.

All activities shall be carried out in an enclosed building or fenced yard.

Group Homes: Group Homes proposed to be located in residential zoning districts shall provide documentation of the following criteria to the Planning Commission or their designee prior to being issues a business license:

1.

An approved license or authorization from the State of Alabama, or other authorizing agency, to operate a group home facility must be presented along with an application for a business license.

2.

No more than four (4) unrelated persons may reside in the home; however, nonresident caretakers will be permitted.

3.

A parking plan showing sufficient off-street parking to accommodate residents and caregivers must be provided and approved by the Planning Commission. A garage may be counted toward off-street parking.

4.

When the applicant for a group home use is not the owner of the subject property, a letter from the property owner approving the operation of a group home on their property shall be provided.

5.

Waivers, exceptions or modifications of these standards may be requested through a request to the Planning Commission.

Place of Worship:

1.

Any new principal structure shall be set back no less than 50 feet from any adjoining property under different ownership.

2.

Related accessory uses, such as student centers, day care centers, dormitories, boarding houses, and recreation centers, shall be prohibited in Residential (R) Districts.

3.

For existing places of worship in Residential (R) districts, uses are limited to sanctuaries, educational buildings, fellowship halls and benevolence buildings. The addition of such uses shall require the installation of all required bufferyards and landscaping, as well as compliance with all other applicable regulations.

4.

All required parking shall be located on the development site, and not separated from the site of the principle structure by any public right-of-way.

F.

Office Uses:

In AG District: Incidental to permitted uses.

Urgent care/surgery center: Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

G.

Commercial and Entertainment Uses.

Auto accessory store: no repair work to be done on premises. Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Barber/beauty shop: Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Building material sales/home improvement centers: all building materials shall be kept within an enclosed structure or completely surrounded by a wood stockade or other opaque fence at least six (6) feet in height.

Convenience store (no fuel): Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

General retail, enclosed: Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Greenhouse: Commercial Greenhouses are allowed as a Conditional Use in the Agricultural District (AG) provided that no retail sales are made on the premises.

Home improvement center: Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Restaurant (eat in): Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Veterinary office/kennel: no outdoor pens, runs or cages shall be permitted. Outdoor exercise areas will be allowed and shall be designated as such on the site plan.

Wine bar/brew pub:

1.

Must meeting licensing requirement of the City of Arab, Alabama.

2.

Shall comply with all applicable regulations of the State of Alabama.

3.

Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center.

H.

Road Service Uses. Any outside display of vehicles, equipment or other merchandise for sale, lease or storage shall be on a paved surface. No display of merchandise shall be allowed on the right-of-way or in any required bufferyard.

Auto repair, paint/body work:

1.

Vehicles undergoing repair, painting or bodywork shall remain inside an enclosed structure at all times.

2.

Unlicensed, untitled vehicles shall not be permitted on the site at any time. No body or chassis shall be stored on the site at any time.

3.

All parts, including body parts, shall be stored within a completely enclosed structure.

Car Wash: Allowed as a Permitted Use in General Business District (GB) and

Manufacturing Districts (M-1 and M-2); and as a Conditional in Neighborhood Commercial (NC) subject:

1.

Meeting all requirements of site plan and engineering approval.

2.

All water used being recirculated for reuse in the facility.

Flea Market:

1.

Flea markets shall be permitted only on property fronting on an arterial road, as designated in Appendix A with all major points of ingress/egress connecting to that road.

2.

At least one enclosed building of 300 square feet or more in size shall be constructed on the property.

3.

Minimum lot size shall be five (5) acres, with a minimum width of 200 feet and a minimum depth of 300 feet.

4.

No merchandise shall be sold or displayed less than 100 feet from adjoining residential property or 50 feet from non-residential property.

5.

Parking shall be provided at the rate of one (1) space per 50 square feet of sales area, as designated on an approved site plan. Parking areas shall have a smooth, stabilized and dustless surface; provided that no more than 50 percent of the required parking spaces may be grass or other suitable material in overflow and remote locations. Unpaved spaces and driving aisles shall be organized for efficient traffic flow, using tire stops, railroad ties, or other objects approved by the City Engineer. Parking spaces within 150 feet of any structure on the development site shall be paved with asphalt, concrete or other rigid paving material.

6.

A bufferyard shall be provided along all property lines. General and parking lot landscaping shall be required.

Gasoline and/or auto service station:

1.

Site. The minimum frontage on an arterial street shall be 150 feet.

2.

Service Area. Pits, hoists, and all lubricating, washing, and repair equipment and workspace shall be enclosed within a building.

3.

Bulk Storage. Liquid petroleum fuels shall be stored in underground tanks.

4.

Structures. Structures shall conform to the following standards:

a.

Vehicular canopy structures shall abide by applicable building setbacks. Accordingly, the maximum height of all such structures shall be noted on the site plan. The area under such canopies shall not count against the permissible Floor Area Ratio (FAR) allowed for such developments but shall count toward the allowable Impervious Surface Ratio (ISR)

b.

Pump islands and underground fuel storage tanks shall be set back a minimum of 20 feet from any property line.

5.

No part of the premises shall be used for paint spraying, body or fender repair, storage of dismantled or wrecked vehicle parts, or tire recapping.

Hotel/motel: Permitted only as a conditional use on property fronting on an arterial roadway, or on a collector road, as designated in Appendix A.

Outdoor/Drive-in theatre: Accessory uses permitted shall be limited to a refreshment stand or booth, a souvenir stand or booth, and/or a children's playground, which are for the exclusive use of patrons of the drive-in theater.

Restaurant, fast food: Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Small Engine Repair: Equipment under repair or not operational shall be screened from public view or stored indoors at all times.

Vehicle sales, lease and rentals:

Permitted as an accessory use to an automobile service station in General Business (GB), Manufacturing (M-1 and M-2); and Conditional in Neighborhood Commercial (NC), provided that:

1.

The use shall not be established on a lot of less than twenty thousand (20,000) square feet;

2.

The use shall not occupy more than ten percent (10%) of the total lot area.

I.

Shopping Center Uses.

Neighborhood Shopping Centers shall meet the following requirements:

1.

A neighborhood shopping center shall be located only on an arterial roadway or at the intersection of an arterial road and a collector street, as designated in Appendix A. For this purpose each quadrant of such an intersection shall be considered a separate location.

2.

The total site area of a neighborhood shopping center shall be not less than three (3) acres.

3.

A combination of two or more natural materials such as wood, brick, stone, stucco shall be used on the exterior surface of all structures.

4.

The development shall consist of multiple structures or if less than 15,000 sq. ft. in size may be one structure, either of which shall have articulated roof lines and varying façade elevations. (See Figure 7)

5.

All utility meters, ground-mounted air conditioning and similar mechanical units shall be screened so as not to be visible beyond the boundaries of the site.

6.

A master signage plan for the overall proposed development shall be submitted and approved in conjunction with the required site plan.

7.

For Gasoline station in a neighborhood shopping center: See Gasoline and/or Auto Service Station under Road Service Uses.

J.

Commercial Support Uses.

Bottling plant/bakery:

1.

Minimum lot size shall be 80,000 square feet.

2.

Structures shall be set back 50 feet from all lot lines.

Contractor storage yard:

All equipment and building materials shall be screened from outside view by an opaque fence no less than six (6) feet in height.

Permitted in the General Business (GB) district subject to there being no outside storage of materials or equipment.

Permitted in Manufacturing (M-1 and M-2) districts with or without outside storage of materials or equipment.

Dry Cleaning/Laundry Plant:

Allowed as a Conditional Use in General Business (GB), and as a Permitted Use in Manufacturing Districts (M-1 & M-2) Districts subject to the following:

1.

Plant shall comply with all requirements of the City Fire Prevention Code

2.

Plant shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building which it occupies.

Mini-warehouse:

1.

After receiving conditional use approval, the mini-warehouse shall be the sole use of the structure(s) in which it is located. Other activities in place of or in addition to the mini-warehouse shall not be permitted within those structures. No sales, service, or repair activities, other than the rental of dead storage space, are permitted on the premises.

2.

Where an applicant proposes additional uses on the same development site, the mini-warehouse use shall be physically separated from all other uses. The conditional use approval shall be assigned to a specific portion of the site, established by an internal boundary shown on the site plan. Within that area, no use other than mini-warehouses shall be permitted.

3.

No storage bay or unit in a mini-warehouse shall be used as a place of business, and no business license shall be approved for the property other than that of the miniwarehouse owner/operator.

4.

No storage bay shall contain plumbing or more than one (1) electrical outlet.

5.

A minimum of three (3) and maximum of five (5) spaces shall be provided in the vicinity of the office and a 27 foot minimum drive aisle to all storage unit doors.

6.

The mini-warehouse facility shall be completely surrounded by a fence at least six (6) feet in height, such that access to the site can be restricted. A masonry wall or wood stockade fence shall be provided where required under Article V; otherwise, chain link may be substituted.

7.

Allowed as a Permitted Use in UM (Urban Mix) IF located in a shopping center. The use must be contained wholly within the walls of said shopping center.

Office-Warehouse:

1.

The office/showroom component of this use must comprise at least 25 percent of the total floor area of the use.

2.

No single building shall contain more than five (5) units.

3.

No equipment other than standard (2 axle) vehicles shall be parked long term in required parking and/or in front of the units.

4.

There shall be no exterior display or storage of equipment and materials. All equipment and materials shall be housed inside the structure, or behind an eight (8) foot privacy fence to the rear of the structure.

Printing/publishing:

1.

Minimum lot size shall be 80,000 square feet.

2.

Structures shall be set back 50 feet from all lot lines.

Recycled materials collection/storage:

1.

Materials collected for recycling purposes shall be limited to inert solids such as plastic, glass, paper and metal. No liquids, or objects containing liquids, shall be stored on the site. Toxic chemicals or hazardous materials of any kind shall be prohibited.

2.

All materials collected for recycling purposes shall be stored within a completely enclosed structure.

Sales/minor storage of gaseous fuels: No more than 500 gallons shall be stored on the site at any time.

Sales/rental/repair of heavy equipment:

1.

All repair work shall be performed within a completely enclosed structure.

2.

Equipment or vehicles under repair or not operational shall be screened from public view or stored indoors at all times.

Veterinary clinic or Animal hospital:

Allowed as a Permitted Use in the Agricultural District (AG) and as a Conditional Use in the General Business District (GB), provided that no enclosure for animals is located closer than one hundred (100) feet from any property line.

K.

Commercial Recreational Uses. All commercial recreational uses shall be subject to the following requirements:

1.

No commercial recreational use shall be located within 300 feet of existing residential development.

2.

No building, trailer, vehicle, or mechanical equipment supporting the use shall be located within 50 feet of any property line.

Archery or Shooting Range:

1.

Allowed as a Permitted Use in General Business (GB) and Manufacturing (M-2) Districts subject to being housed in a fully enclosed structure.

2.

Allowed as a Conditional Use in the Agricultural (AG) District.

Golf Driving Range/Miniature Golf: The following standards shall be met:

1.

The site plan required pursuant to Section 902 shall show the layout of the property and indicate the location of all driving ranges, putting greens, fences, and structures.

2.

Accessory uses permitted shall be limited to a clubhouse, refreshment stands, maintenance shed, a miniature golf course, and a pro shop.

3.

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

Riding Stable or Academy:

1.

Such stable shall be established on a lot having an area of not less than ten (10) acres.

2.

Any structure shall be located at least one hundred (100) feet from any property line.

3.

All animals shall be maintained at least one hundred (100) feet from any property line.

L.

Recreational Rental Dwellings.

Recreational vehicle park: All recreational vehicle parks shall be developed according to the following standards:

1.

Minimum lot requirements:

a.

Minimum size for development site: 100,000 square feet.

b.

The development site shall have at least 50 feet of frontage on an arterial road, as shown in Appendix A.

2.

Vehicle Site Requirements.

a.

The minimum vehicle site area shall be 1,200 square feet, with a minimum width of 20 feet and a minimum depth of 40 feet. All RV sites shall be shown on the site plan for the park.

a.[b.]

The minimum distance between recreational vehicles shall be 10 feet. The minimum distance between a recreational vehicle and any structure shall be 20 feet. The minimum allowable distance between recreational vehicles shall, for the purpose of this section, be measured from and between the outermost structural parts or attached accessory features.

b.[c.]

The addition or attachment of any accessory structures such as awnings, porches, carports, or individual storage facilities not specifically designed and included as a standard part of the original RV shall be expressly prohibited.

c.[d.]

The removal of wheels and/or the installation of skirting materials around the base of a RV shall be prohibited. A recreational vehicle shall not be permanently affixed to the ground or any structure.

3.

Allowable Accessory Uses.

a.

Clubhouse, bathhouse, camp store, laundry, swimming pool, and other shared facilities for the common use of the residents of a development.

b.

No more than one (1) dwelling unit of conventional construction, at least 600 sf in size, for the use of a resident manager.

4.

Bufferyards. There shall be a bufferyard along all property lines where the park adjoins a road, vacant property, or a different land use. (See Article V)

5.

Parks shall not exceed the following performance criteria:

For purposes of site plan review, it shall be assumed that impervious surfaces cover 60 percent of each designated RV site unless the site plan specifies a lesser amount. An open space area shall be provided which meets the requirements of Section 415 and which is easily accessible from all vehicle sites. The minimum size of such open space area shall be 20 percent of the entire tract area or 20,000 square feet, whichever is greater.

6.

Other Regulations:

a.

Site Plan. Any applicant for the required permits to establish, construct, alter or extend a recreational vehicle park shall prepare and submit a detailed site plan in accordance with the requirements of Section 902.

b.

Access and Internal Streets. RV sites within the park shall be served by internal roads and shall not have direct access to public streets. Maintenance of private roads within the park shall be the responsibility of the developer and/or owner of the property.

c.

Off-Street Parking and Maneuvering Space. The internal circulation system of a RV park shall be designed so that parking, loading or maneuvering of vehicles shall not necessitate the use of any public street, sidewalk, or right-of-way, or any private grounds not part of the designated parking area. Sufficient maneuvering space and off-street parking facilities shall be provided at each site to accommodate a towing vehicle.

d.

Duration of Stay. Vehicle sites shall be rented by the day or week only. No RV shall remain in a park longer than 60 consecutive days.

e.

Ground Cover. Exposed ground surfaces in all parts of every vehicle site area or other vehicle parking area shall be grassed, paved, or covered with gravel to prevent soil erosion.

f.

Drainage Requirements. Surface drainage plans for the entire tract shall be reviewed by the City Engineer, who shall determine whether the proposed plan is compatible with the surrounding existing drainage pattern and any relevant drainage plan of the City, prior to issuance of building permits.

g.

Ownership. RV parks may not be platted or otherwise divided by fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, shall be privately owned or owned in common by residents of the park, and shall not occupy parcels of land which are deeded separately from the rest of the park. The City of Arab shall not be responsible for maintenance and/or repair of common facilities within any recreational vehicle park.

h.

No RV shall be permanently affixed to the ground or any structure, whether in an approved RV Park or otherwise located.

M.

Recreational Uses.

N.

Public Service Uses.

Broadcasting and Telecommunication Towers: See Section 602.

Conditional Use in AG, NC, GB, and Permitted Use in M-1 and M-2 Districts; subject to:

1.

All towers in excess of one hundred (100) feet must be set back from any lot used or intended to be use for a residential structure a distance equal to one-half the height of the tower or five hundred (500) feet, whichever is greater.

2.

All towers in excess of one hundred (100) feet must be set back from any off-site structure a distance of one-third the height of the tower or one hundred (100) feet, whichever is greater.

3.

All towers less than one hundred (100) feet must be set back from all property lines a distance of one-third the height of the tower.

4.

The Planning Commission shall apply the Radio, Television and Communication Tower Standards in its consideration of applications for Conditional Use approval.

5.

All towers shall meet the requirement of Section 602 of this Ordinance.

Hospital: Development site shall have ready access to an arterial road, as designated in Appendix A.

Public Utility: In All Zones whether Conditional or Permitted:

1.

Utility facilities, such as distribution lines and transmission lines. Unless elsewhere permitted in the district, such facility shall not include a business office.

2.

Utility substations incidental to electrical when essential for service, provided:

a.

The structure(s) are located not less than fifty (50) feet from any property line;

b.

The structure(s) are enclosed by a fence or wall at least eight (8) feet high;

c.

The lot is suitably landscaped, including a buffer strip at least ten (10) feet wide along a side and rear property lines.

3.

Utility substations incidental to gas, water, sewage or telephone when essential for service, provided the premises are not used for vehicle or equipment storage.

O.

Industrial Uses.

Chemicals or fuels, manufacture, process or storage:

1.

Minimum lot size shall be 100,000 square feet.

2.

Storage tanks or structures shall be at least 100 feet from all property lines.

Commercial incinerator:

1.

Minimum lot size shall be 100,000 square feet.

2.

Structures shall be at least 100 feet from all property lines.

Extraction Uses—(mining/quarry/etc.)

1.

Minimum parcel size shall be 100 acres.

2.

The removal area shall be sealed by fencing, grading or other devices from general public access; all entrances shall be fenced and locked during non-business hours.

3.

Drainage plans and a plan for the redevelopment of the site when the removal is completed shall be submitted with the application for a development permit.

4.

The operational and removal area of such uses shall not be established within two thousand (2000) feet of a residential use or five hundred (500) feet of any other use.

5.

No structures, vehicles, equipment, or parking areas shall be located within 100 feet of a property line.

6.

A 300-foot buffer zone shall be established around the perimeter of the property. Within this area, the natural or existing vegetation shall be maintained or improved, and no digging, dredging, blasting, storage of tailings, or other mining-related activities shall be allowed. Where no natural vegetation exists the Planning Commission or their designee may require additional buffering as deemed necessary.

7.

No extraction shall be allowed except after advertisement of a public hearing by the Planning Commission for the purpose of determining whether or not any adverse effect would result to surrounding property owners and whether or not a nuisance, as defined by City Ordinances exists.

8.

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

Food processing/packaging:

1.

Minimum lot size shall be 100,000 square feet.

2.

Structures shall be at least 100 feet from all property lines.

Landfill:

Conditional Use in M-2 District subject to all applicable State and Federal laws and any conditions that might be imposed during the zoning approval process.

Manufacture of explosives:

1.

Minimum lot size shall be 150,000 square feet.

2.

Structures shall be at least 150 feet from all property lines.

Salvage or junkyards:

1.

Setbacks. No such activity may be conducted within one hundred (100) feet of any property line or two hundred (200) feet of any property zoned or used for residential purposes.

2.

Storage of Materials:

a.

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two (2) months.

b.

In no case shall material that is not salvageable be buried or used as fill.

c.

Items which can be recycled or salvaged, shall be accumulated in bins or containers to be sold to a recycling firm.

d.

Recyclable material, which cannot be stored in bins or containers, may be stored in the open, within screened area as described in [subsection 3.] below.

e.

Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations pertaining to the handling, storage, and disposal of waste fluids. In no case shall disposal of waste fluids be permitted on-site.

f.

In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar air-tight unit having an interior storage capacity of one and one- half (1.5) cubic feet or more, from which the door has not been removed.

g.

Facilities not having conditional use approval as a Junkyard Use will not be allowed to accumulate materials for more than 30 days.

3.

Screening. All auto salvage yards, junkyards and storage areas shall comply with the following screening requirements:

a.

All outdoor storage facilities shall be completely surrounded by a continuous fence or wall of masonry, wood or other opaque material, which shall be a minimum of eight (8) feet in height without openings of any type, except for one entrance and/or one exit which shall not exceed 25 feet in width.

b.

Gates at entrance or exit shall be of a material without openings.

c.

The screen shall be constructed of the same type of material throughout.

d.

No screen shall be constructed of metal that will rust.

e.

Screens shall be maintained and in good repair at all times.

Sand/Gravel/Blocks Storage: Stored materials shall be completely surrounded by an opaque fence no less than ten (10) feet in height. Said fence may be constructed along property lines, but shall be set back no less than 25 feet from the right-of-way of any abutting public roads.

(Ord. No. 2019-4, § 1, 9-3-19; Ord. No. 2021-1, § 1, 2-17-21)

[410.1.] No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area and height regulations of the district in which the building is located.

The minimum building lines, parking spaces, open spaces, and lot areas, required by this Ordinance for each existing building or for any building hereafter erected, shall not be encroached upon nor reduced.

No lot, even though it may consist of one (1) or more adjacent lots of record or lots in the same ownership, shall be reduced below the minimum dimensions required by this Ordinance. This section shall not be construed to prevent the purchase or condemnation of narrow strips of land or portion of a lot for public purposes.

No part of a yard, or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

The following table identifies the area, yard and height requirements for the various zoning districts established by this Ordinance.

Table 4-2: Standards for Nonresidential Uses by District

¹  No minimum lot size/width is required for public service distribution facilities for sewer, water, telephone, gas and electricity; minimum lot area for communication towers shall be determined by setbacks requirements as set out in Section 602.

²  For lots not meeting the minimum size requirement in any district, see Article VIII.

³  In cases where side lot lines are not parallel because the lot fronts on a curved right-of-way, minimum width at road frontage shall be as follows:

a. Curved right-of-way: 75 percent of normal width requirement

b. Subdivision cul-de-sac: 50 percent of normal width requirement

Width at road frontage shall be measured along a straight line connecting the foremost points of side lot lines.

⁴  See Section 606.

TABLE 4-3: Table of Dimensional Standards—Nonresidential Uses.

¹  See Table 6-1 and Section 603 for Residential Setbacks.

²  A side yard, which abuts a dedicated public street, shall adhere to the requirements for corner lots in Section 413.

³  Inhabited Structures Only.

⁴  No setbacks required for traditional downtown development. All other development types should be treated as conditional uses.

NOTE: See Table 4-2 for FAR, ISR, Lot Area and Lot Width Information.

410.02. Height Modifications.

The height limitations of this Ordinance shall not apply to barns, silos, or other farm structures when located on farms; church spires, belfries, cupolas and domes, monuments, water towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio or television towers, masts and aerials and similar structures not intended for human occupancy, except as otherwise restricted by other existing or hereafter adopted ordinances of the City of Arab.

(Ord. No. 2019-4, § 1, 9-3-19)

Every principal single family residential building or structure hereafter erected shall be located on one lot, tract or parcel, which may also include a Secondary Residence as defined and limited herein.

Secondary Residence.Occupancy Requirements: One of the Dwelling Units on a property shall be occupied by one or more owners of the property as the owner's permanent and principal residence. The owner(s) must have a 50 percent or greater ownership interest in the property and must live on the property for more than six months in each calendar year. The owner(s) may live in either the Principal Building or the Secondary Residence.

Secondary Residence Standards. While each residential property may only have one Principal Building, one (1) Secondary Residence may be constructed on the same parcel if the following requirements are met:

1.

A Single-Family Dwelling Detached may have no more than one Secondary Residence allowed per parcel/lot.

2.

Since there is always a reasonable possibility of the Secondary Residence being partitioned onto a separate parcel/lot in the future, it must satisfy all setbacks and other zoning and building requirements, including required separate connections, and as such shall be laid out to allow for such partitioning. The Secondary structure must separately maintain all setbacks, including lot width, size and road frontage and must not break the front plane of the primary structure.

3.

A detached Garage Apartment must meet all setbacks, including lot width, size and road frontage. A Garage Apartment may be considered a Principal Structure if it is the only Building containing livable space on the property.

4.

The Secondary Residence must be a permanent structure and meet all building codes and fire safety requirements.

5.

A separate sewer hook-up or septic tank is required.

6.

A separate electric meter is required.

7.

A separate 911 address is required for the secondary residence.

8.

If either residence is rented out, the owner must apply for an Arab City business license and pay any applicable taxes.

9.

Variances from the requirements applicable to the construction of a Secondary Residence are not intended to be available.

(Ord. No. 2024-1, § 1, 2-5-24)

On lots having frontage on two streets, the required front yard shall be provided on each frontage street.

On lots having frontage on more than two streets, the required front yard shall be provided on at least two of the frontage streets. The front yard setback on the other frontage or frontages may be reduced up to one-half (½) of the required front yard distance, provided that the setback shall not be reduced to less than fifteen (15) feet.

On commercially zoned lots divided by a public street, an ADA compliant crosswalk and any other pedestrian safety measure that the City/State indicates necessary will be required to be installed at the owner's expense.

(Ord. No. 2021-1, § 1, 2-17-21)

For any lot platted or re-platted after the effective date of this Ordinance that is adjacent to the intersection of two (2) public streets, each yard abutting a public street shall be considered a front yard and shall meet the front yard setback requirements for that particular district. Furthermore, corner lots shall also have one (1) side yard and one (1) rear yard that will meet those setbacks for the particular district. The rear yard shall be defined at the time a building permit is issued.

No building shall hereafter be erected on a lot that does not abut and have access to at least one (1) improved public right-of-way.

Whenever any street, alley or other public way is vacated or abandoned by official action of the City of Arab, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline of same. Thenceforth, all area included therein shall then be subject to all appropriate regulations of the extended zoning district(s).

Private roads within the City's three (3) mile planning jurisdiction shall be built to current city standards. Any future request for dedication of existing private roads or rights-of-way to the city shall require that said roads or rights-of-way be improved to current city standards prior to being considered for acceptance by the City Council.

A.

All development shall be preceded by the identification of any environmental or natural feature described below and shall meet the specified standards for environmental protection.

B.

Site alterations, re-grading, filling and clearing or planting vegetation prior to approval of the plans for development shall be a violation of this Ordinance. Reference in this section to "open space" is intended to mean the term as it is defined by Article II and described in Section 422.

C.

Perennial Streams—50' from top of stream bank on either side shall remain undisturbed unless otherwise permitted by the City Engineer.

D.

Steep slopes.

1.

Areas with slopes of 33 percent (3:1) or greater: not more than 15 percent of such areas shall be developed and/or re-graded and/or stripped of vegetation with the exception that no more than five (5) percent of such areas may be disturbed in the case of erosion-prone soils, as defined by the Natural Resources Conservation Service.

2.

When identifying "steep slope" areas of a development (rise/run > 33%) the engineer shall use a topographic map or site plan having a contour interval of not less than 2 feet to determine changes in elevation (rise). Unless otherwise approved by the Planning and Engineering staff a length (run) of not more than 100 feet shall be used to calculate the approximate slope of the area under consideration.

3.

When a proposed development will not meet the standards of Section 417.D.1. above, a development plan must be submitted for the review of the City Engineer and approval of the Planning Commission. Approval of this development plan shall be based on its consistency with the intent of this Ordinance.

In the event that construction of a development has not been completed within one year of date of approval of the preliminary plat or development plan; said development shall be reviewed by the Planning Commission to determine if reasonable progress toward completion of the development is being made. Evidence of reasonable progress may include, but shall not be limited to, installation of streets, utility lines and stormwater management facilities; laying structural foundations; and completion of any stage of a development approved under a staging plan. However, the clearing and grubbing of land, in the absence of other improvements, shall not by itself constitute evidence of reasonable progress.

Upon a determination that reasonable progress is not being made, the Planning Commission may require the owner of the development site to restore the land to the same condition that existed prior to the initiation of the development, and place a time limit on completion of said restoration.

If such restoration is not feasible, the City Engineer and the Administrative Officer shall work with the property owner to determine an acceptable condition or degree of reclamation; at the very least, the site shall be sodded or planted in grass, and appropriate measures shall be taken to prevent or eliminate soil erosion. In all cases, restoration activities shall be consistent with appropriate Best

Management Practices as recommended by the Alabama Forestry Commission, the Alabama Department of Environmental Management (ADEM) and/or the Natural Resources Conservation Service (NRCS).

The boundaries of special flood hazard areas shall be identified by referencing the most current FEMA Flood Insurance Rate Maps (FIRM), an approved Letter of Map Revision (LOMR) or an approved Letter of Map Amendment (LOMA).

The boundaries of any special flood hazard area shall be clearly denoted on all development plans for parcels subject to flooding. Said boundaries shall be determined using a site specific, topographic survey of the parcel and the appropriate FIRM, LOMR, or LOMA.

On those parcels for which no base flood elevation (BFE) has been developed, it shall be the responsibility of the owner to have a registered professional engineer or hydrologist to establish a BFE.

On-site topographic surveys shall be performed to locate the precise floodplain line on a parcel prior to any development. The survey shall use the flood profile contained in the sources listed above or, if no such profile exists, by performing standard runoff calculations such as those contained in Standards and Specifications for Soil Erosion and Sediment Control, prepared by the Natural Resources Conservation Service.

419.01. Permanent open space. All such areas shall be permanent open space. No uses or improvements other than those permitted herein shall be permitted in any area consisting of floodway as defined by this Ordinance.

419.02. Permitted uses. The following uses are permitted within the floodway fringe as a matter of right:

A.

All uses that are permitted in designated open spaces.

B.

All uses that are classified as agriculture, nurseries, and outdoor recreation.

C.

Piers, bridges and bridge approaches, picnic shelters, and stormwater detention facilities, so long as the building permit application shows that a licensed engineer has certified that such structures are designed to withstand the forces exerted by the 100-year flood event at that location.

419.03. Building Elevation. All other buildings or any residential, institutional, office, commercial and entertainment, commercial recreation, recreational rental dwelling, or nursery uses (other than those specifically named in this Section) may be permitted as conditional uses pursuant to Section 903, provided that all habitable floor area shall be raised so that no floor, or its structural supports, or any utility line has less than one (1) foot of clearance between its lowest point and the 100-year flood elevation. Any reduction of cross-sectional area due to vertical supporting members shall be offset by compensatory storage. Vehicular access to such structures shall be at or higher than the 100 year base flood elevation (BFE).

Exceptions to 419.03 above may be as follows subject to the approval of the City Engineer:

A.

A non-residential building may have its finished floor elevation below the BFE as long as it fully complies with FEMA requirements.

B.

A non-residential building may have parking or parking access below BFE as long as it fully complies with FEMA requirements.

Note: Evidence of full compliance with FEMA requirements must be provided at time of submission.

419.04. Installation of fill materials. Fill may be placed within the floodway fringe only when allowed as a conditional use pursuant to Section 903 and approved by the City Engineer. An application for such conditional use shall be accompanied by detailed fill plans, showing existing and proposed conditions. If a structure is to be placed on the fill, the plans shall show the structure as well. In considering the application, the Planning Commission, in consultation with the City Engineer, shall determine whether the proposed fill meets the general standards set forth in Section 903, and the following additional standards:

A.

The cross-sectional area of a riverine floodplain shall not be reduced by more than two and one-half (2 ½) percent on either side of the centerline of the watercourse; an inland depressional floodplain may have its location and contours altered through cut and fill over 30 percent of its surface area.

B.

Compensatory storage shall be provided to offset the storage lost through the filling.

C.

All changes in velocity, depth of flood elevation, or storage shall be limited to the property owners who have been granted flood or flow easements, provided that in no event shall an increase in flood elevation be permitted if it would affect any existing building or bring any building to within one (1) foot of the flood elevation.

D.

In no instance shall the depth of fill in a riverine floodplain exceed five (5) feet, nor shall any fill be placed within 50 feet of the top of the stream bank or in a location which might be endangered by or accelerate a meander. In an inland depressional floodplain the depth of fill measured from the natural grade to the new surface shall not exceed five (5) feet.

E.

Fill shall consist of soil or rock materials only; sanitary landfills shall not be permitted in the floodplain. Further, all fill areas shall be stabilized with material that will insure and protect against erosion hazards, undercutting, and undermining.

419.05. Filling in Floodway. No filling in the floodway shall be permitted except upon review and recommendation of the City Engineer and/or in conjunction with a future adopted Flood Damage Prevention Ordinance.

419.06. Structural anchoring. Any structure placed in the floodplain shall be anchored firmly to prevent floodwaters from carrying it downstream. Such anchoring shall be sufficient to withstand a flood velocity of six (6) feet per second. The Planning Commission shall require the applicant to submit the written opinion of a registered professional engineer that the proposed structural design meets this standard.

All such areas that serve a stormwater or flood retention purpose shall be permanent open space maintained by the developer, property owner or other legally bound and authorized agent. No development or diverting of these bodies of water shall be permitted without a development plan approved by the City Engineer. Alteration of lakes and ponds shall be permitted only if surface area and flood retention volumes remain unchanged or are enlarged.

Lake Shorelines: The shorelines of lakes [two (2) acres or greater in size], consisting of the area within 100 feet from the shorelines, shall contain no more than 15 percent impervious surfaces. At least 75 percent of all such areas shall be permanent open space.

Pond Shorelines: The shorelines of ponds [less than two (2) acres in size], consisting of the area within 50 feet from the shorelines, shall contain no more than 15 percent impervious surfaces. At least 75 percent of all such areas shall be permanent open space.

Re-grading, stripping of vegetation, or filling in drainageways is permitted only after review and written approval by the City Engineer, provided that the resultant drainageway has less velocity than existed previously or reduces stream bank erosion through the provision of erosion control measures.

Land that is required by this Ordinance to remain as open space may be used for the recreation, agriculture, resource protection, amenity and other purposes specified in this Section. Open-space land shall be freely accessible to all residents of a development, with the exception that agricultural land uses shall be permitted to restrict access to that land to those solely engaged in agricultural pursuits.

Open space shall have qualities making it useful to residents of the development for either passive or active recreation, and will be developed to serve that purpose. Open spaces shall serve an important environmental/resource protection or visual role in separating the development from existing public ways or from other existing or potential developments; or shall be of value in dividing the development into coherent sub-areas. Non-recreational buildings, except those related to agricultural uses permitted under Section 422.01(C) shall not occupy open-space land.

422.01. All developments required by this Ordinance to provide open space shall meet the following requirements.

A.

Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed, and no structures shall be built on such land, except as provided below. All such properties shall be owned and maintained by the developer, owner of the development site, homeowners association, or other private entity approved by the City Attorney.

B.

An open-space plan shall be submitted as a part of the application for a site plan or subdivision approval. This plan shall designate and indicate the boundaries of all openspace areas required by this Ordinance. The plan shall:

1.

Designate areas to be preserved as open space. The specific design of open-space areas shall be sensitive to the physical and design characteristics of the site.

2.

Designate the type of open space, as established in this Section, to be provided.

3.

Specify the manner in which the open space shall be perpetuated, maintained, and administered in accordance with Section 422.02.

4.

Include proof of a mandatory and functioning Home Owners Association and contact information for same. The Arab Department of Planning & Zoning shall be provided an annual update of said contact information

C.

The types of open space that may be provided to satisfy the requirements of this Ordinance, together with the maintenance required for each type, are as follows:

1.

Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Natural watercourses are to be maintained as free flowing and devoid of debris. Stream channels shall be maintained so as not to alter the base flood elevation.

2.

Agricultural uses specified in Section 404.01.

3.

Garden plots are the division of open space into plots for cultivation as community gardens. Any change of use for the open space must be with the approval of the adjoining land owners and the Home Owners Association.

4.

Recreational areas are areas designed for specific, active recreational uses having minimal requirements for structures, such as tennis courts, swimming pools, softball fields, and golf courses. An enclosed structure shall be permitted in a recreational area only where it directly supports a specific facility and does not require off-street parking. Recreational areas shall be accessible to all residents of the development.

5.

Greenways are linear green belts linking residential areas with other open-space areas. These greenways are encouraged to designate developed bicycle paths, footpaths, bridle paths, fitness trails, or other similar development. Inter-connecting the greenway system between residences and recreational areas is encouraged.

D.

Open space shall be appropriately located and large enough to address the open space characteristics cited throughout Section 422.

1.

No dwelling unit shall be located more than 750 feet from designated open space. The Planning Commission may waive this distance requirement where the developer proposes a major recreational facility which will occupy at least 50 percent of the required open space for the development. No more than ten (10) percent of the dwelling units in the development may be occupied before this facility is completed and available for use.

Where intervening non-recreational properties separate a dwelling unit from an open space area, the Administrative Officer may require an easement or other means of access for non-motorized traffic to avoid the need for pedestrians to cross or travel on roads carrying vehicular traffic.

2.

No parcel of property, or portion thereof, less than 40 feet wide and 7,500 square feet in size shall be counted toward the designated open space requirement. Open space areas containing paved or stabilized paths for pedestrians and/or bicycles shall be exempt from this requirement if such paths are part of a comprehensive circulation system serving a portion of the development or are included in connecting Greenways.

3.

All open space shall be easily visible and freely accessible.

4.

The following shall not count toward fulfillment of designated open space requirements:

a)

platted lots for residential use or designated sites for manufactured homes or recreational vehicles;

b)

easements for roads, driveways or any other use which is not consistent with the purposes of open space as established in this Section;

c)

parking areas, including adjacent areas containing required landscaping;

d)

public or private right-of-way;

e)

private roads and driveways;

f)

areas of required spacing between structures, manufactured homes or recreational vehicles;

g)

Commonly owned lawns consisting of grass with or without trees. (i.e. condominiums, townhouses, patio homes, etc.)

h)

areas which have been cleared of vegetation, excavated, filled, or otherwise altered from their natural state unless such alteration is consistent with the proposed use of the open space parcel approved as part of an overall development plan;

i)

any development site (as established by a site plan) containing a clubhouse or a non-recreational use including, but not limited to, office, restaurants, gift shops, and groundskeeper storage buildings;

k)

any other areas which the Administrative Officer finds to be inconsistent with the intent of this Section.

In addition, no lake, pond, or other permanent water body shall constitute more than 25 percent of the total open space required for the development. No golf course shall constitute more than 60 percent of the total open space required for the development.

422.02. Preservation of open space. Open-space areas shall be maintained so that their use and enjoyment as open space is not diminished or destroyed. Where open space is to be provided within a subdivision, such areas shall be designated by creating separate parcels within the perimeter of the plat. These parcels shall be given a sequential lot number, labeled as to their intended use, and the plat shall note the entity or entities having ownership and maintenance responsibility.

Where open space is provided within a development site, which is the subject of a site plan, and is under different ownership than the rest of the site, it shall nevertheless remain part of the development site pursuant to Section 902.12. Unless the site plan is amended or withdrawn in accordance with Section 902.10, the open space areas shall be used only as provided in Section 422. The site plan shall note the entity or entities having ownership and maintenance responsibility.

Open-space areas may be owned, preserved, and maintained as required by this Section by any of the following mechanisms or combinations thereof:

A.

Common ownership of the open space by a homeowner's association, which assumes full responsibility for its maintenance.

B.

Deed-restricted private ownership that shall prevent development and/or subsequent subdivision of the open-space land and provide the maintenance responsibility. This arrangement shall be noted on the site plan and/or subdivision plat. Full and proper written legal documentation of said ownership and maintenance responsibilities shall be submitted to the Administrative Officer and be approved by the City Attorney prior to commencement of development activities.

423.01. Purpose. The transportation impact report shall identify the traffic impacts of a proposed use. The report shall show improvements required to: insure safe ingress to and egress from a proposed development; maintain adequate street capacity, and eliminate hazardous conditions. The report also will be used to determine whether the proposed development is consistent with transportation-related policies of the City of Arab.

423.02. Applicability. The Planning Commission and/or the City Engineer, particularly in the following cases, may require a transportation impact report:

A.

Any development that proposes to take direct access to any collector or arterial road.

B.

Any residential development that proposes the construction of 30 or more dwelling units.

C.

Any use that will generate in excess of either 100 trips per acre per day or 250 trips per day. Trip generation rates for proposed uses shall be determined by consulting the latest edition of Trip Generation published by the Institute of Transportation Engineers, and/or the City Engineer.

423.03. Contents of transportation impact report. The transportation impact report shall contain, as a minimum, the following data and information:

A.

General site description. A detailed description of the highway network within one (1) mile of the site, a description of the proposed land uses, the anticipated stages of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (a) all major intersections, (b) all proposed and existing ingress and egress locations, (c) all existing roadway widths and rights-of-way, (d) all existing traffic signals and traffic-control devices.

In addition, any changes to the highway network within one-half (½) mile of the site, proposed by any governmental agency, shall be described. This description shall include the above items, as well as any proposed construction project that would alter the width and/or alignment of the present highway. Such information can be obtained from the City Engineer, County Engineer and Office of the Division Engineer, Alabama Department of Transportation.

B.

Description of existing traffic conditions. A report based on the following shall be provided: A 24-hour traffic count shall be conducted for a period of five (5) weekdays (Monday—Friday) on all roadways that have direct access to a proposed development site. The existing average daily traffic (ADT) volume and the highest average peak hour volume for any weekday hour between 3 PM and 6 PM shall be recorded. These traffic volumes shall be averaged to determine the average hourly peak traffic volume for the five days Monday through Friday.

C.

Transportation impact of the development. The average weekday trip generation rates (trip ends) and the highest average hourly weekday trip generation rate between 7 AM and 9 AM and between 3 PM and 6 PM for the proposed use shall be determined from the latest edition of Trip Generation published by the Institute of Transportation Engineers, or from figures provided by a qualified traffic engineer. A report shall be made detailing the nature and extent of the trip generation expected to result from the proposed development.

D.

Analysis of transportation impact. The projected total future peak hour traffic demand shall be calculated for all roads fronting on a proposed site and all major intersections within one-half (½) mile of the site. This demand shall consist of the anticipated traffic that will be generated by the proposed development, plus an assumed normal increase of traffic volume of one (1) percent per year, unless traffic-engineering studies indicate a different rate of change. An analysis shall be undertaken to determine if roadways and intersections will operate at the appropriate level of service following completion of the development given the future peak hour traffic that will be generated by the proposed development.

423.04. Traffic control devices. Whenever, as the result of additional traffic generated by a proposed development, it is determined that there is a need for a traffic signal, a regulatory sign, additional right-of-way or acceleration/deceleration lanes, the developer shall make such planned improvements a part of his development plans and shall propose a schedule to the Planning Commission for making such improvements Anticipated improvements required by future development, and the developer share in those improvements, are listed in the following paragraphs.

A.

Traffic signs. Include the normal stop, yield, caution, and street signs, but also may include special signs such as "watch for traffic entering", "blind hill" and "pedestrian crossing", may also be required. Such signs will be placed by the developer entirely at the developers' expense. These signs shall be specified, installed, and maintained in accordance with the Manual on Uniform Traffic Control Devices.

B.

Traffic signals. Include any and all lighted signals. Such installations will be placed at the direction of the agency having jurisdiction. This paragraph also applies to signalization and improvement of railroad crossings. Because of the timing of the actual installation of signals by authorized agencies, the developer will be required to post a bond guaranteeing the estimated cost of improvements covered by this paragraph.

To provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear vision formed by the two intersecting streets. The size of this triangular area is a function of traffic volume and speed and is depicted for right-angle intersections in Figure 8. At oblique intersections, in which two roads form an angle of 60 degrees or less, required clear areas shall be determined by the City Engineer, based on design criteria set forth in the most recent edition of A Policy on Geometric Design of Highways and Streets, prepared by the American Association of State Highway and Transportation Officials (AASHTO).

Where, in the opinion of the Planning Commission, there are unusual and/or specific circumstances relating to a street intersection such that the application of Figure 8 may not be appropriate, the intersection shall be referred to the City Engineer who shall recommend a triangular area of clear vision using the standards contained in the current edition of the Manual of Uniform Traffic Control Devices.

On any portion of a lot that lies within the triangular area defined according to this section, nothing shall be erected, planted, placed, or allowed to grow in such a manner as materially to impede vision between a height of two and one half (2.5) feet and ten (10) feet above the grade at the intersection of the street center lines.

425.01. Curb Cuts. Because frequent curb cuts and driveways providing access to numerous adjoining properties are a severe impediment to the proper functioning of major streets, on-site circulation and cross-access agreements between lots are required, to control the problem when land is subdivided. There shall be a minimum spacing of 300 feet for driveways and other curb cuts on arterial streets and 300 feet on collector streets. In areas where single-family detached homes abut collector streets, an average distance of 125 feet shall be allowed between curb cuts.

New single-family residential lots shall not be allowed direct access to collector and arterial roadways without approval of the City Engineer.

The following table summarizes required distances between curb cuts and street corner property lines:

Where an intersection contains a left-turn stacking lane, any driveway opposite such lane shall be designed to permit entrance and exit by right turn only. Such "right turn" entrances shall be constructed with raised islands to prevent left-turn movements. No left turns shall be permitted where such turning motions would cross an acceleration or deceleration lane in proximity to an intersection.

Required distances between curb cuts and between curb cuts and street corner property lines shall be measured from the edge of the curb cut.

425.02. Access for Lots of Record and Redevelopment. In the interest of public safety, lots of record, as defined by this Ordinance, shall be afforded vehicular access at the direction of the City Engineer and in accordance with the MUTCD. This access may take the form of a curb cut, or shared curb cut, directly onto a public right-of-way or may be limited to cross-access via an adjoining lot (see Section 425.04). The City reserves the right to adopt access plans for thoroughfares in rapidly redeveloping areas in order to facilitate traffic management and public safety. The Planning Commission and City Council shall approve such plans.

425.03. Acceleration/Deceleration Lanes. Acceleration/deceleration lanes shall be provided by the developer at the direction of the City Engineer. Such improvements must be designed and constructed to city, county or state standards. The cost of such improvements will be borne entirely by the developer.

425.04. Cross-Access Requirements. Adjoining lots with frontage upon collector or arterial roads may be required to provide crossaccess and permanent ingress/egress easements to adjacent properties in the interest of accommodating the curb-cut requirements, public safety and facilitating vehicular traffic. Such access shall be required at the discretion of the City Engineer.

425.05. Median Cuts. Center medians are designed and constructed both for traffic safety and aesthetic considerations. Such public improvements are constructed at great expense to the public and, therefore, any alteration of the existing or planned roadway medians shall be allowed solely at the discretion of the City Council, and/or ALDOT; and only where such alteration is in the interest of public safety. Where such alterations are allowed, the entire cost shall be borne by the applicant. The improvement of other medians or similar traffic control devices in proximity to the proposed development may be required in consideration for any allowed median alteration.

425.06. Additional Right-of-way. Additional right-of-way required by a specific governmental plan for the improvement of a given existing or proposed roadway shall, where possible, be divided equally between adjoining property owners on both sides of the existing roadway, and shall be dedicated to the City or other appropriate governing agency. Said right-of-way may be required at the time of subdivision or site plan review.