The purpose of this Article is to specify the detailed regulations, including bulk, layout, setbacks and lot area, which apply to specific land uses. Standards over and above those imposed by other sections of this Ordinance are necessary for certain land uses which, although permitted as of right in certain districts, have characteristics that might have negative impacts on nearby uses without these additional regulations. This Article also specifies the regulations applicable to temporary and accessory uses, and it details the off-street parking and loading requirements of permitted land uses.

In addition to compliance with other regulations imposed by this Ordinance, the following standards are required of the specific uses enumerated below.

601.01. Renovation, Adaptive Reuse, and Preservation of Structures. Because there may be value to the community in the renovation, reuse and preservation of structures, and because these actions serve the public interest, renovation, reuse, and preservation of structures are encouraged in all zoning districts.

A.

In addition to a site plan required pursuant to Section 902, each proposed renovation, reuse or preservation of an existing structure shall include a floor plan showing the internal use of the structure.

B.

It is anticipated that the renovation, reuse, and preservation of existing structures will involve difficulties with maximum densities in some zoning districts, bufferyard requirements and off-street parking. Where these conditions occur, the Planning Commission or their designee may impose such standards as fencing, screening, and planting as he/she deems appropriate to buffer existing adjacent properties. The Planning Commission or their designee shall, in the case of higher densities and off-street parking, make such recommendations as deemed reasonable in supporting the concepts of renovation, reuse, and preservation of structures in the City of Arab.

601.02. Exceptions to Minimum Yard Requirements. The following structures shall be allowed to project into or be constructed in any minimum required yard as follows:

•

Awnings and canopies, roof overhangs and balconies not to exceed three (3) feet;

•

Bay windows, not to exceed two (2) feet;

•

Clotheslines; driveways and their curbs, fences, walls, and hedges may be constructed in minimum yard areas, provided that their installation does not violate any other provision of this Ordinance.

•

Uncovered decks of no more than 30 inches in height may extend to within five (5) feet of the property line.

Nothing contained in this Section shall be construed to allow encroachment of any feature into a required bufferyard.

601.03. Voluntary Dedication of Property for a Public Purpose. No existing lot shall be reduced in area or dimension below the minimum requirements applicable to such lot under the provisions of this Ordinance. Except that when a lot is reduced in dimension or total area by 20 percent or less by the voluntary dedication by the owner and acceptance of a portion of such lot by the City for a public use, the lot shall be considered to contain the dimensions and area it contained prior to such dedication. However, for purposes of measuring compliance with setback requirements of this Code, the dimensions and area of such lot as it exists after the voluntary dedication shall apply.

601.04. Limitations on Animals.—See Section 409.00 (A) of this Ordinance

601.05. Moving of Buildings. No structure shall be moved from one development site to another, whether on the same or a different parcel, unless such structure shall, at the new location, comply with all applicable provisions of this Ordinance.

The following standards shall apply to all communications or broadcast towers regardless of type, purpose or function constructed in the City of Arab. These standards shall be used by the Planning Commission in the granting of approval for towers and accessory communications facilities.

A.

General Regulations and Requirements. All requirements for site plan approval, as set out in Article IX, shall be met at the time of application for site of new towers.

B.

Safety/Structural Design of Towers. All broadcast towers must comply with requirements as set out in the latest edition of the EIA-222 code "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," as amended, published by the Electronic Industries Association and all other applicable structural safety standards, building and technical codes having jurisdiction, so as not to endanger the health and safety of residents, employees or travelers in the event of structural failure of the tower due to extreme weather conditions or other acts of God.

C.

Appearance and Landscaping. At a tower site, the design of the building and related telecommunication facilities shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunication facilities to the natural setting and built environment to reduce visual obtrusiveness.

If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunication facilities must be of a color that is identical to, or closely compatible with, the color of supporting structure so as to make the antenna and related facilities as visually unobtrusive as possible.

A landscaped buffer, reviewed and approved by the Planning Commission, shall effectively screen the view of the tower compound from adjacent public ways and residential properties.

D.

Lighting Restrictions. There shall be no lighting on any tower except when required by the Federal Aviation Administration (FAA) or Federal Communications Commission (FCC). In cases where the FAA or FCC does require a tower to be lighted, any such lighting shall be the minimum necessary to comply with federal regulations. Written documentation of any FAA or FCC directives to light a tower differently than provided herein must be submitted with the site plan application.

Any security lighting used at the facility shall be of low intensity, shall not be directed or reflected away from the site, and must not illuminate any portion of the site higher than ten (10) feet.

E.

No portion of any antenna array may extend beyond the property line.

F.

Accessory telecommunications facilities shall be no taller than fifteen (15) feet in height, and shall be compatible with the surrounding area.

G.

Security. A chain link fence shall be installed around the perimeter of the compound, with a minimum height of eight (8) feet as measured to the top of the fence (or barbed wire, if applicable). Such fence is to be located on the perimeter of the compound unless otherwise approved as part of the site plan submitted with the application of site plan approval. Guy anchors may be fenced separately from the main compound. Climbing pegs shall be removed from the lower 20 feet of all broadcast towers.

H.

Off-Street Parking and Access. Driveways and parking, consisting of an all-weather paved surface, shall be provided to assure access to the telecommunication facility for maintenance or emergency services. Provisions shall be made to provide access clearances for emergency vehicles. A copy of a recorded access easement or a copy of a lease granting access may be required in the absence of a dedicated right-of-way.

I.

Co-location Requirements. No new tower shall be established if space is structurally, technically and economically available on an existing tower which would serve the area that the new tower would serve. Documentation that reasonable efforts have been made to achieve co-location shall be submitted to the Planning Commission. Towers shall be designed to provide and maximize shared use to the extent possible, given the structural and technical limitations of the type of tower proposed. In any event, co-location shall be encouraged and preferred to new installation alternatives.

J.

Maintenance. The owner of a broadcast tower shall be responsible for maintaining the structural integrity, safety, appearance, screening, buffers, security and other installations required by this Section, and by any other applicable codes, ordinances, regulations, statutes or conditions of approval imposed by the City of Arab or its authorized representatives, in perpetuity for as long as said tower remains on a site.

K.

Abandoned Facilities. Any broadcast facility that ceases to be used for its original communications purpose shall be removed at the owner's expense. The owner of the facility shall provide the Planning Department with a copy of the notice to the FCC of the intent to cease operations, and shall have 120 days from the date of such ceasing to remove the obsolete tower and all accessory structures and to restore the site to its natural condition.

In the case of multiple providers sharing use of a single tower, notice will still be required from each provider as to their cessation of operations, and such provider will be required to remove its facilities within the one hundred and twenty (120) day period prescribed above. At such time as all providers sharing use of a tower cease operation of their facilities located thereon, the owner of the tower shall complete the removal and restoration process as set forth herein.

L.

Area and Dimensional Requirements. The following area and dimensional regulations shall apply to all facilities covered by this Section:

1.

Minimum Lot Area: Determined by setback requirement.

2.

Minimum Setbacks: Each tower shall be set back from all property lines a distance equal to 50 percent of its height (when site is a leased portion of a larger parcel, setbacks shall be measured from the property lines, not the leased site). Maintenance/equipment buildings must meet the setback requirements as specified for the zoning district in which they are to be constructed.

3.

All buildings, structures, facilities and accessories associated with the proposed tower are to be wholly contained within the required security fence. Guy anchors may be fenced separately from the main compound.

M.

Height and Location Restrictions. In regard to the height and sitting of all broadcast facilities and their associated structures the following regulations shall be observed:

1.

No broadcast tower site boundary shall be located closer than 200 feet to any residence.

2.

No tower shall be located less than a distance equal to its height, as measured from the base of the tower, from any Residential (R) District zoning boundary. Any new towers so located shall further be restricted to a monopole or selfsupporting design.

3.

No tower shall exceed a height of 300 feet.

4.

Where such facility is constructed in conjunction with a principal structure it shall be sited behind the front plane of said structure. Property located in the Agricultural District (AG) shall be exempt from this provision.

602.01 Colocation. To the extent practical, all facilities and associated accessory equipment that are placed in the city shall be attached to a pre-existing support structure that is owned, controlled or leased by a utility, franchisee, the city or other entity. If the applicant demonstrates that no colocation opportunities exist in the area where a technologically documented need for a facility exists, the applicant may request that a new pole or other support structure be installed in that area for purposes of constructing the facilities. Before any new support structure is permitted, each of the following must occur:

A.

The applicant must have provided the city written evidence that no practical colocation opportunity exists. This evidence shall include, but not be limited to, affidavits, correspondence, or other written information that demonstrates that the applicant has taken all commercially reasonable actions to achieve colocation in the requested location or area, that the applicant has pursued but been denied access to all potential colocation sites in the subject area (and the reasons any such denial(s)), and otherwise show that the applicant is unable to colocate on an existing support structure;

B.

When placed near a residential property, the new support structure must be placed in front of the common side yard property line between adjoining residential properties. In the case of a corner lot, the new support structure must be placed in front of the common side yard property line between adjoining residential properties, or on the corner formed by two (2) intersecting streets;

C.

The city engineer must recommend the placement of a new support structure in the right-of-way; and

D.

The building official or mayor's designee will approve the recommendation of the city engineer to allow the issuance of a permit that includes placement of a new support structure in the right-of-way as soon as practical after the recommendation is made.

(Ord. No. 2024-1, § 1, 2-5-24)

This Section specifies the minimum lot dimensions and other requirements for each type of residential unit permitted by this Ordinance, except in areas designated as Special District (SD).

When a lot size exceeds the minimum permitted area, all other standards applicable to the minimum lot area shall nevertheless apply. The figures specified in the tables of this Section are expressed in terms of square feet, feet, or a ratio, whichever applies.

Lot sizes and other requirements for residential lots within Special Districts (SD) shall be established through the review and approval of the required Master Development Plan, (See Section 605).

603.01. Conventional Residential Uses/Subdivisions. A conventional residential uses/subdivisions consists of single-family dwellings on individual lots and, unless otherwise required by Article V, requires no public or community open space, including resource protection and recreation land.

A conventional subdivision is characterized by division of the entire subject parcel into lots. Table 6-1 provides development standards for conventional subdivisions in the Residential (R) Districts.

Table 6-1: Lot Area, Setback, Bulk Regulations and Parking Requirements: Conventional Residential Uses/Subdivisions.

¹  Unless a Special District zoning is requested and a Master Plan submitted, lots must be sized and developed according to the zoning requested.

²  In cases where side lot line are not parallel because the lot fronts on a curved right-of-way, minimum width at road frontage shall be as follows:

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

2. 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 the side lot line.

603.02. Alternative Residential Development Styles. The purpose of this section is to provide innovative development types that make efficient use of land and public facilities, and/or to protect natural features.

Alternative residential developments may contain one or more of the housing types that are specified in this subsection subject to the overall density standards established through approval of a Master Development Plan. For purposes of calculating density, the development site shall include all platted lots, together with road, drainage facilities, utility sites and any other common property within the perimeter of the subdivision plat, regardless of whether or not such facilities will ultimately be dedicated to the City. Such developments shall contain the minimum amount of open space specified in the Master Development Plan. Prior to approval of the final plat, the Planning & Zoning Department shall verify that all parcels or tracts not intended for use as residential lots are clearly delineated on the plat as to size and dimension. The purpose, ownership, and responsibility for maintenance for each parcel or tract shall be noted on the plat.

Unless specifically accepted by the City Council, the City of Arab shall not be responsible for maintenance and/or repair of any common facility or properties.

Alternative residential developments shall be self-contained in terms of meeting the requirements of this Ordinance. In addition to other relevant requirements, site plans and subdivision plats shall designate and establish maintenance responsibility for all required recreation, resource protection, and other open space and common properties within the development site. Where an alternative residential development is to be built, Special District Zoning, along with the associated Master Development Plan may be required.

The following subsections specify the standards and requirements for each dwelling type in detail.

A.

Zero Lot Line. Under this development concept, each residential lot contains a dwelling unit placed along one side lot line in order to maximize usable open area within the lot. All zero lot line subdivision plats shall show driveways, walkways, patio slabs, and building envelopes for all structures. No windows, doors, air conditioning units or other openings or projections of any kind shall be permitted where the structure meets the zero side lot line. However, a window may face the zero side yard if it is recessed at least five (5) feet from the property line. (See Figure 13)

For each unit constructed along a side lot line, an easement of five (5) feet in width shall be created on the adjoining property. The purpose of this easement is to permit maintenance and repair of the portion of the structure bordering the zero side yard. All maintenance easements shall be shown on the final plat, along with an indication of the lot to which each easement is assigned. No fence, patio, deck, or structure of any kind shall be placed within a maintenance easement.

Zero lot-line units shall not take access from an arterial road.

In addition to the bufferyard requirements of Article V, zero lot-line subdivisions shall also meet the following development criteria:

* or width of any easement along a side lot line, whichever is greater.

B.

Town House. This development type consists of a subdivision, platted according to the requirements of the Subdivision Regulations, which is designed for town house dwelling units as defined in Article II. Each town house unit shares a common wall with another such unit on one or both sides, has individual entrances (not used by other units) in the front and rear, and may be place on its own lot within the subdivision or on common lots managed through a condominium association. Town house structures shall contain at least three (3) and not more than ten (10) dwelling units. Such units may have multiple stories or combinations of one- and two-story sections; however, in no case shall one unit be above or behind another. Front, side and/or rear yards may be enclosed by a masonry wall not exceeding six (6) feet in height provided that such walls do not prevent a clear view of intersecting streets. (See Section 424). (See Figure 14)

In addition to meeting all other requirements of the Subdivision Regulations, plats for town house development shall show driveways, walkways, patio slabs, and building envelopes for all structures. No more than ten (10) town house units shall be permitted in any structure.

Town house lots may be accessed via alley ways to the rear of the lots or from dedicated parking areas. In no case shall town house lots take direct access from any public road.

* or width of any easement along a side lot line, whichever is greater.

C.

Twin House. This development type consists of a subdivision, platted according to the requirements of the Subdivision Regulations, which is designed for twin house dwelling units as defined in Article II. Each twin house unit shares a common wall with another such unit on one side, has individual entrances (not used by other units) in the front and rear, and shall be place on its own lot within the subdivision. Twin house structures shall consist of two (2) dwelling units; such units may have multiple stories or combinations of one-and two-story sections; however, in no case shall one unit be above or behind another. Front, side and/or rear yards may be enclosed by a masonry wall not exceeding six (6) feet in height provided that such walls do not prevent a clear view of intersecting streets (see Section 424). (See Figure 15)

In addition to meeting all other requirements of the Subdivision Regulations, plats for twin house development shall show driveways, walkways, patio slabs, and building envelopes for all structures.

Twin house lots may be accessed via alley ways to the rear of the lots or from dedicated parking areas. In no case shall twin house lots take direct access from any public road.

C.

Duplex Subdivision. This development type consists of two-unit structures in which dwelling units may be constructed side-by-side, one above another, or one behind another. The development site shall be platted as a subdivision containing one (1) duplex structure per lot. In no case shall any duplex lot or development site be subdivided so as to create separate lots for dwelling units within a duplex structure. While ownership of the dwelling units may be separated on a condominium basis, the land on which the structure is built shall remain undivided common property.

Duplex lots shall not take access from an arterial road. Duplex lots may be accessed via alley ways to the rear of the lots or from dedicated parking areas.

Duplex developments shall be designed according to the following standards:

D.

Multiple Unit Development. This development type consists of four (4) or more dwelling units on an undivided lot.

All multiple unit developments shall be subject to site plan approval pursuant to Section 902. Separate ownership of the units is permitted on a condominium basis; however, in no case shall the development site be platted or otherwise divided for the purpose of assigning specific lots or parcels to particular dwelling units.

(Ord. No. 2017-4, § 1, 10-2-17; Ord. No. 2024-1, § 1, 2-5-24)

The purpose and intent of the MHP Manufactured Home Park District is to provide appropriate locations for the establishment of manufactured home parks within which space may be leased or rented. An application for Manufactured Home Park District (MHP) zoning shall require a site plan as specified in Section 604.05.

604.01. Definitions.

Manufactured Home. A home transportable in one or more sections, which in the traveling mode is eight body feet or more in width or forty body feet or more in length, or when erected on site is three hundred twenty or more square feet and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes plumbing, heating, air-conditioning and electrical systems. The home is built to the National Manufactured Housing Construction and Safety Standards Act.

Manufactured Home Space. Land within a manufactured home park that has been designated for the placement of one single or multi-sectional manufactured home for the exclusive use of its occupants.

Manufactured Home Park. A parcel of land under single ownership which has been planned for the placement of three (3) or more manufactured homes for residential occupancy. The lots in the community may be leased to residents to place their manufactured homes and in some cases the home and the lot may be leased by the owner to the resident.

Manufactured Home Pad. The hard surface part of an individual manufactured home space that has been reserved for the placement of the manufactured home, accessory structures or additions.

HUD Seal Required. Prior to installation, each manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act published by the U.S. Department of Housing and Urban Development. Any existing mobile home or trailer not bearing such a seal shall be deemed a non-conforming structure and shall be treated as a nonconforming structure and use in accordance with the regulations established in Article VIII of this Ordinance.

604.02. Permitted Uses. Within a MHP Manufactured Home Park district no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses.

A.

Manufactured Home Park.

B.

Manufactured Home Park Office.

C.

Recreation Buildings and Playground.

D.

Service facilities for the exclusive use of manufactured home park residents including self-service laundry.

E.

Structures and uses required for the operation of a public utility or the operation or maintenance of the manufactured home park.

F.

One identification sign meeting the requirements of the Arab Sign Regulations containing thereon only the name and address of the manufactured home park. Said sign may be lighted by indirect light only.

G.

One accessory storage building per manufactured home space is permitted. Said storage building shall meet all of the requirements of Section 604.04 U of this Article.

H.

Traffic control signs.

604.03. General.

A.

In manufactured home parks, recreational vehicles shall not be occupied as living quarters and manufactured home sales lots shall not be permitted, but manufactured homes may be sold on manufactured home parks spaces they occupy while in residential use.

B.

Prior to the placement of a manufactured home in a manufactured home park, a permit shall be obtained from the Administrative Officer, subject to compliance with all provisions of this Ordinance.

C.

Manufactured home units that do not bear a seal as defined in Section 604.01 shall not be permitted within a manufactured home park within the City of Arab.

604.04. Site Standards. The following site standards shall apply for all manufactured home parks hereinafter established or altered.

A.

Land Area Requirements. The minimum area for any manufactured home park shall be five (5) acres.

B.

Site Dimensions and Setbacks. The following standards for each manufactured home space shall apply for all manufactured home parks hereinafter established or altered.

1.

Each manufactured home space, to be occupied by a single wide unit, shall have a minimum area of four thousand (4,000) square feet with a width of not less than forty (40) feet. Each manufactured home space, to be occupied by a double-wide or multi-section unit shall have a minimum area of five thousand (5,000) square feet with a width of not less than fifty (50) feet.

2.

There shall be a minimum twenty (20) foot separation between each manufactured home and any adjacent manufactured home or structure. Said separation shall be measured to include all additions or attachments.

3.

The minimum front, side, and rear yard setback for each manufactured home space within the manufactured home park shall be as follows:

Front: 15 feet

Rear: 15 feet

Sides: 10 feet

C.

Peripheral Buffer Area. A buffer area twenty-five (25) feet wide shall be located along all manufactured home park property lines not bordering a public street. The buffer area shall be installed in accord with the requirements of Article V of this Ordinance. No building or structure of any kind shall be erected or maintained in the required buffer area.

D.

Minimum Frontage. All manufactured home parks shall have access to and a minimum frontage of fifty (50) feet on a dedicated, public street. The yard setback for all parts of the manufactured home park that abuts a public street shall be thirty-five (35) feet.

E.

Internal Roadways. All interior manufactured home spaces shall abut upon an internal roadway having a paved surface not less than thirty (30) feet in width. The internal roadway shall be continuous or shall be provided with a cul-de-sac having a minimum radius of sixty (60) feet. No internal roadway ending in a cul-de-sac shall exceed four hundred (400) feet in length. Such roadways shall be hard surfaced and shall meet the design standards and construction specifications for residential streets required by the Arab Subdivision Regulations. A concrete lay-down curb or acceptable substitute shall be used as approved by the Administrative Officer. Internal roadways and parking areas shall be maintained free of cracks, holes and other hazards at the expense of the operator/manager of the manufactured home park. All roadways shall be numbered or named in a manner approved by Marshall County 911.

F.

Future Rights-of-Way. The applicant/developer of a manufactured home park should be aware that any future development or subdividing of the parcel on which the manufactured home park is located will require rights-of-way widths as provided for by the Arab Subdivision Regulations. Therefore, future access through the manufactured home park could require redevelopment that might eliminate spaces or otherwise decrease the functional use of the site.

G.

Height. The height of any manufactured home, building or structure shall not be greater than thirty-five (35) feet. The height of the manufactured home frame above the ground elevation, measured at 90° to the frame, shall not be greater than three (3) feet.

H.

Required Pad. Each manufactured home space shall contain a cement or asphalt stand upon which the manufactured home will be situated.

I.

Common Recreation Area. Not less than ten percent (10%) of the gross land area of the manufactured home park shall be devoted to common recreational areas and facilities. Said open space shall be grassed and/or landscaped or otherwise designed and made available for recreational use and shall be maintained in a usable and sanitary condition. Such areas shall be consolidated into usable, central areas with minimum dimensions of not less than thirty (30) feet in any direction.

J.

Deck or Patio Requirements. Each Manufactured home space shall be provided with a deck or paved patio of at least one hundred twenty (120) square feet. No horizontal dimension of the deck or paved patio shall be less than eight (8) feet. Patios shall be surfaced with concrete, asphalt or other approved hard surface. Required parking areas may not be considered to meet the requirements for a deck or patio.

K.

Off-Street Parking. There shall be two (2) paved, all weather off-street parking spaces for each manufactured home space; two (2) spaces for the park office; one (1) space for every two (2) washing machines in a self-service laundry facility. All off-street parking shall have direct access to an interior street within the manufactured home park and there shall be no driveway access to an exterior street. The required off-street parking space shall meet all design and construction specifications of the City of Arab.

L.

Water and Sanitary Sewer Requirements. The entire area of the manufactured home park shall be adequately served by water and sanitary sewer facilities. Each manufactured home shall be connected to the municipal water system and to the municipal sewage disposal system, if available. The design and specifications of the utility systems shall meet all city specifications and shall be approved by the City of Arab. If a municipal system is not available, then a private central system shall be required until such time as the municipal system(s) become available. The design and specifications of any private system shall meet Marshall County Health Department specifications and shall be installed under inspection of the appropriate City of Arab Department.

M.

Electrical Facilities. All electrical lines, equipment and installation leading to each manufactured home space shall be designed, constructed and maintained in compliance with the National Electrical Code (NFPA 70). When separate meters are installed, each meter shall be located on a standard post on the lot line of each manufactured home space. Wiring shall comply with applicable local and state electrical codes. All required permits shall be obtained prior to hook-up or installation of electrical services.

N.

Lighting. Adequate lighting shall be provided and shown on the site plan for approval by the Arab Planning Commission. All electric and telephone lines must be placed underground when possible.

O.

Drainage. The ground surface in all parts of a manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy of drainage facilities shall be verified by a licensed professional engineer.

P.

Soil and Ground Cover. Exposed ground surfaces in all parts of every manufactured home park shall be protected with a vegetative growth that is capable of preventing soil erosion and eliminating dust.

Q.

Skirting. The installation of skirting shall be required for all manufactured homes in the manufactured home park. Installation shall be in accordance with the manufacturer's installation instructions. Acceptable materials may include masonry, stone, metal, vinyl, or other materials manufactured for the purpose of skirting.

R.

Storage Underneath Manufactured Home. There shall be no storage of any kind underneath any manufactured home.

S.

Tie-Downs. Each manufactured home shall have tie-downs, anchoring or other devices securing the stability of the manufactured home. The installation of tie-downs or anchoring shall be in conformance with standards set out by the Alabama Manufactured Housing Commission.

T.

Fencing. Fences, if provided, on individual manufactured home sites shall be uniform in height and shall not exceed thirty (30) inches in height and shall be constructed in such a manner as to provide firefighting personnel access to all sides of each manufactured home.

U.

Design and Location of Storage Facilities. One (1) storage building with a maximum capacity of one hundred fifty (150) square feet and a maximum height of fifteen (15) feet per manufactured home may be provided on the rear of the manufactured home space within two (2) feet of the space line. Storage buildings shall be designed in a manner that will enhance the appearance of the park and shall be faced with masonry porcelain steel, baked enameled steel or other material equal in fire resistance, durability and appearance, or of an equal material approved by the Administrative Officer. A storage building shall only be used by the occupants of the manufactured home.

604.05. Manufactured Home Park Site Plan Approval. An application for MHP Manufactured Home Park zoning shall be accompanied by a Site Plan, which, if approved, shall become a requirement of the zoning district. No building permit shall be issued for construction of any part of the manufactured home park unless the proposed development is in accord with the approved Site Plan.

A.

The site plan shall be drawn to a suitable scale not smaller than one-inch equals one hundred (100) feet and shall show the following information:

(1)

Scale, north arrow, location, total site acreage and acres to be developed, proposed title of the park, vicinity map showing the location of the project in relation to the surrounding community, and legal description of the proposed Manufactured Home Park.

(2)

The name of the owner and the designer (architect, engineer, or landscape architect) of the proposed manufactured park development.

(3)

Existing zoning of the project site and the zoning of adjacent land.

(4)

The boundaries of the property involved including the location of all existing easements, section lines, and property lines, existing streets, buildings, approximate location of all utilities on or near the project site and other physical features in or adjoining the project site.

(5)

Names and addresses of all adjacent landowners.

(6)

The proposed use of all building or structures and the proposed number, location, and dimensions of all manufactured home spaces along with a typical layout of a manufactured home space showing landscaping, location and type of stand, patio, walkways, parking area, curb and gutter location, storage building, if any, and other improvements.

(7)

The location and dimensions of proposed points of entry and exit for vehicles, roadways, parking facilities and walkways, location and width of proposed right-of-ways and easements, the location of buffer areas and landscaping, location and dimensions of recreational areas.

(8)

The location of all utilities and a description of their availability and capability to serve the proposed development.

(9)

All other significant information required by this Ordinance, and any other information which would assist in the Planning Commission's review of the request for MHP zoning.

604.06. Non-Conforming Manufactured Homes on Individual "Fee Simple" Lots. It is not the intent of this Ordinance to deprive a property owner of their homestead and thereby their right to restore or replace a non-conforming manufactured home, on a fee simple lot, should their home be destroyed by fire or natural disaster. In the event that a nonconforming manufactured home is destroyed by fire or natural disaster in excess of fifty [percent] (50%) of the appraised value as set out in Article VIII, restoration or replacement may be permitted provided that:

A.

The manufactured home was, and will continue to be, occupied by the owner of said property;

B.

The restoration or replacement does not result in a structure which appraises at a lesser value than that of the original structure.

C.

The restoration or replacement shall be approved by the City Council prior to any zoning certificates being issued.

D.

The restoration or replacement shall take place within twelve (12) months of being damaged.

E.

Noncompliance with Health Department or other governmental agency regulations shall prohibit the nonconforming use of the site, and

F.

Expansion of the site for additional nonconforming uses shall not be permitted.

Where any development site is to be developed in stages or phases, no plat or phase plan for any fraction of the site shall be accepted for review, unless a Master Development Plan is submitted. A Master Development Plan shall be required in connection with any request for Alternative Residential Development or Special District (SD) zoning. A Master Development Plan shall also be required for any development containing a mixture of residential and non-residential land uses, and/or more than one of the dwelling unit types described in Section 603.02.

The Master Development Plan shall be a conceptual plan showing the entire development site and all component stages or phases, and shall express the overall development concept for the site at build-out. The plan shall show all proposed streets and shall demonstrate compatibility between adjacent land uses. The plan has two additional purposes: to ensure that required amenities keep a reasonable pace with residential construction in a phased development; and to establish an outer perimeter for the purpose of calculating density and required open space.

The Master Development Plan shall include the following information:

A.

Outer boundary or perimeter of the overall development site, including a valid legal description;

B.

Approximate locations of all proposed streets;

C.

Type, number and approximate locations of all dwelling units;

D.

Overall gross density for the development site, as well as density for each individual stage or phase;

E.

Location and approximate acreage of all resource protection, recreation, and open space lands and other common properties;

F.

Location of all streets and drainage facilities;

G.

Required bufferyards; and

H.

Any other information which Planning and Development Services determines to be relevant.

Where a Master Development Plan is submitted in conjunction with a Special District (SD) zoning this plan shall include a written statement addressing design standards within the development, including minimum residential lot sizes and widths, building setbacks, building heights, signage, impervious surface and floor area ratios, and any other information Planning and Development Services determines to be relevant. Upon approval, this written statement shall become a component of the Master Development Plan and shall be binding upon all future development on the site.

When a Master Development Plan is required, such plan shall be reviewed and approved by the Planning Commission prior to or simultaneously with any regular site plan or subdivision plat submitted. Upon approval of the Master Development Plan, the developer may submit and, the Planning Commission may approve, subdivision plats or site plans for individual phases or stages.

The Master Development Plan shall include a schedule showing density and open space on a cumulative basis upon completion of each phase. All stage or phase plans shall be consistent with the approved Master Development Plan.

Once approved, the Master Development Plan shall become a binding condition of development on the site, and subsequent stages or phases of the development shall be substantially consistent with it. If Planning and Development Services finds that any stage or phase plan substantially deviates from the approved Master Development Plan, a revised master plan shall be required for Planning Commission review prior to approval of further site plans or subdivision plats within the development.

Any of the following changes shall constitute a "substantial deviation:"

A.

An increase or reduction in land area of the development.

B.

An increase in the total number of dwelling units.

C.

Provision of less than the required percentage of recreation, resource protection, or open space land.

D.

Proposal of single family attached, duplex, multi-family or zero lot-line development in place of approved single family detached housing.

E.

Any significant addition, removal or rearrangement of land uses and streets.

Master Development Plan approval shall expire 24 months after granted unless significant progress has been made toward implementation of the development. Such progress shall be commensurate with the scale of the project.

Special districts are hereby authorized for the purpose of providing optional methods of land development, which encourages imaginative solutions to environmental design problems. Areas so established shall be characterized by a unified building and site development program providing for coordinated open space and architectural treatment. The special districts authorized by this Article are also intended to provide means for the establishment of uses, which are generally considered to be incompatible with most other land usage.

606.01. Procedure. The procedure to be followed in the creation of special districts shall conform to the regulations for any other zone change with the following exceptions.

A.

Any petition for the establishment of a Special District shall be submitted to the Planning Commission for its review and action. Approval of the request shall be based on the Commission's consideration of the following:

1.

That the proposed development is consistent with the intent and purpose of this ordinance to promote public health, safety, and welfare.

2.

That the final plan for the proposed development meets the requirements of this ordinance as well as the requirements of all other regulating bodies.

3.

That an approved method of sewage disposal is available to the tract under consideration.

B.

The establishment of a Special District will be for the express purpose of improving the tract of land in accordance with the approved plan of development for the particular tract of land and for the uses set forth in the development plan.

C.

If, within two (2) years from the effective date of the zone amendment, construction has not commenced, the Planning Commission may, by appropriate action, repeal the amendment establishing the Special District. Once construction is started the improvements set forth in the plan of development must be completed within two years from date of issuance. Otherwise, the Planning Commission may repeal the amendment establishing the Special District. Extension of time may be granted as long as satisfactory progress is being made.

D.

Unless specific variations are noted on the development plan and approved by the Planning Commission, the most restrictive requirements for parking, loading, yards, and dimensional regulations for the proposed use shall be applicable to the Special District.

606.02. Shopping Center—Special District (SC-SD).

A.

A special district created for the purpose of establishing a planned shopping center may be allowed in any district except the R1, R2 and R3 districts.

B.

The Planned Shopping Center District shall be laid out, developed and used according to a plan prepared in compliance with the provisions of this article in order to provide for modern retail shopping facilities in appropriate locations to serve residential neighborhoods or regional areas. Any owner or owners of a tract of land may request that such tract of land be zoned as a Planned Shopping Center District by proceeding under the provisions of this article, but the failure of such owner or owners to apply under this article shall not prevent them from constructing or causing to be constructed a retail sales complex, customarily called a Shopping Center, upon such tract of land provided the same is zoned so as to permit its use for this purpose.

C.

The use of each building or premises shall be in accordance with the plan referred to in this Article, which use shall be limited to services, offices, clinics, parking, retail sale or merchandise, and similar activities ordinarily accepted as shopping center uses. No building shall be designed, constructed, structurally altered or used for residential purposes, except to provide within the buildings allowed, facilities for a custodian, caretaker, or watchman employed on the premises.

D.

The structures permitted in this article shall observe a maximum height of seventy-five feet.

E.

The owner or owners of a tract of land may submit to the Planning Commission a plan for the development and use of such tract for the purpose of and meeting the requirements set forth in this article. Said plan shall comply with all requirements of this article and shall be accompanied by evidence concerning the feasibility of the project and the effect of the proposed development on surrounding property and other physical conditions, which plan and supporting evidence shall include each of the following:

1.

A site plan defining the areas wherein buildings may be constructed, the areas which will be developed for parking and the proportionate amount thereof, the location of roads, driveways and walks and the points of ingress and egress, including access streets where required, the location and height of walls, the spaces for loading, the location, size, character and number of signs, the location and character of exterior lighting, and the character and extent of landscaping, planting and other treatment for protection of adjoining property.

2.

A drainage plan approved by the Planning Commission.

3.

A copy of any deed restrictions intended to be recorded.

4.

A professional report on the needs and extent of the market to be served, and general economic justification.

5.

A professional traffic analysis indicating the effect of the proposed shopping center on adjacent streets and roadways and also indicating the direction and amount of traffic flow to and from the shopping center.

F.

Before any action thereon, the proposed planned shopping center plan, together with the required supplementary information shall be referred to the Planning Commission for study and report. Reasonable additional requirements may be required by the Planning Commission for the protection of adjoining residential property.

606.03. Residential—Special District (RS-SD).

A.

The regulations established in this section are intended to provide optional methods of land development with provisions for commercial, religious, educational and cultural facilities, which are integrated with the total project by unified architectural and open space treatment.

B.

A planned residential development shall only be permitted in the AG, R-1, R-2, R-3 and MHP districts.

C.

The following uses are permitted:

1.

Single family attached and detached dwellings.

2.

Any alternative dwelling type shown in Section 603.02.

3.

Multiple family dwelling including condominiums and town houses.

4.

Commercial uses. For each one hundred (100) dwelling units to be established, four (4) acres may be set aside for commercial use provided that adequate protection of adjacent properties is afforded by the plan.

5.

Recreation uses. Recreation uses may include a community center, golf course, swimming pool, or parks, playground or other recreational uses. Any structure involved in such use shall have a thirty-five (35) foot setback from all property lines.

6.

The amount of land set aside for permanent open space shall be fifteen (15) percent of the gross development area.

7.

Educational uses.

8.

Community facilities such as churches and other religious institutions and nonprofit clubs such as country clubs, swim and/or tennis area.

D.

The following requirements are minimums and are intended to serve as a guide in plan formulation. The Planning Commission retains the authority to waive the provisions of this section or to impose greater requirements than herein stated. All buildings shall be set back from street right-of-way lines and from the periphery of the project to comply with the following requirements:

1.

There shall be a front yard for all detached single-family dwellings of not less than twenty-five (25) feet. The front yard setback for all other structures shall be as determined by the Planning Commission.

2.

Unless indicated elsewhere, all buildings shall have a setback of not less than twenty-five (25) feet.

3.

In no case shall a lot, for a single family detached structure, be created with an area of less than 4,000 square feet or a frontage of less than sixty (60) feet at the building line.

E.

In addition to other applicable regulations the following rules shall be observed.

1.

The application must be accompanied by a site development plan showing the use or uses, dimensions and locations of proposed streets, parks, play-grounds, other open spaces, residential buildings, commercial buildings and such other pertinent information as may be necessary to adequately determine that the proposed development meets the purpose of this ordinance.

2.

The Planning Commission shall review the conformity of the proposed development by employing recognized principles of design and land use planning. The minimum yard and maximum height requirements of the zoning district shall not apply except as set forth herein. The Planning Commission may impose conditions regarding layout, circulation, and other physical improvements.

3.

Where the planned residential development provides for single family attached (row houses) or single family detached housing to be held under individual ownership by the occupant, a plat of development shall be recorded and shall show building lines, common land, streets, easements and other applicable features.

4.

The proposed development must be designed to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood. It shall include provisions for recreation areas to meet the needs of the anticipated population.

(Ord. No. 2024-1, § 1, 2-5-24)

Developments, other than those within a Special District (SD) which include more than one use on the same site, and in which the uses fall into two or more different use categories, shall be treated as mixed-use developments; and are required to meet the standards of this Section in addition to any other regulations imposed by this Ordinance.

All uses proposed within a mixed-use development must be permitted under Table 4-1 in the district in which the development is to be located, or be approved as part of a Special District zoning and Master Development Plan. Uses shown in Table 4-1 as conditional must be approved under the provisions of Section 903.

For review purposes, a separate development site for each land use category shall be delineated within a mixed-use development wherever possible. For shopping centers and any other case in which the different land uses occupy a single structure, the most restrictive requirements relating to any of the individual uses will be applied to the entire site.

Except as otherwise provided in this Ordinance, accessory structures shall be permitted only in rear yards and shall meet the following requirements:

A.

Detached accessory buildings shall be permitted only in rear yards with the exception of detached automobile garages, which may be permitted behind the front plane of the principal structure in a side yard.

B.

Detached accessory buildings in residential districts shall not exceed a single story of fifteen (15) feet in height, measured from grade to eave, and shall not be nearer than five (5) feet to any side or rear lot line. Detached automobile garages located in a side yard must maintain the side yard and front yard setbacks for the applicable zoning district. A minimum rear yard setback of ten (10) feet is required.

C.

The total square footage of all detached, enclosed accessory structures in residential districts such as garages, barns, pool houses, etc. are counted toward the total allowable lot coverage for the zoning district in which they are located.

D.

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory, unless it meets the requirements of a Garage Apartment as defined herein.

E.

No mobile home, recreation vehicle, travel trailer or manufactured home may be used as an accessory structure in any zoning district unless otherwise permitted in this Ordinance.

F.

The total square footage of all detached, enclosed accessory structures in residential districts such as garages, barns, pool houses, carports, gazebos, greenhouses, etc. but excluding swimming pools, are counted toward the total allowable lot coverage which is a maximum building area of 25% of the parcel area. Lots under one (1) acre have a maximum building area of 35%. The Agricultural (AG) district shall be exempt from these limitations.

G.

Accessory structures shall be constructed of materials compatible with those of the principal structure.

H.

Accessory structures located in a commercial zone must be located in the side or rear yard and shall not be nearer than five (5) feet from any rear lot line

I.

If a detached Garage contains a shower/tub, it is considered a Garage Apartment or Secondary Residence, please refer to Section 411.

(Ord. No. 2017-4, § 1, 10-2-17; Ord. No. 2021-1, § 1, 2-17-21; Ord. No. 2024-1, § 1, 2-5-24)

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.

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.

Fences, walls, hedges or any other structure or continuous barrier (herein simply "Fence") may be permitted in any required yard, or along the edge of any yard with the following restrictions:

A.

No Fence along the perimeter of any front yard in a residential district shall exceed four and one-half (4½) feet in height.

B.

No Fence along the perimeter of any side yard or rear yard in a residential district shall exceed six and one-half (6½) feet in height except as required for a retaining wall or where authorized by the Board of Adjustment.

C.

In the case of corner lots, the provisions of Section 413 shall restrict the location of Fences.

(Ord. No. 2024-1, § 1, 2-5-24)

612.01. Home Occupations. It is the purpose of this Section to provide residents of the City of Arab a wide range of opportunities in the use of their residences in profitable activities. However, the character of the City's residential areas must also be preserved. Therefore, these regulations shall ensure that such activities remain limited in scope so as not to interfere with the principal use of any residential neighborhood or development.

A.

General Regulations. All home occupations shall meet the following criteria:

1.

The home occupation must be clearly secondary and incidental to the use of the dwelling unit as a residence. No more than 25 percent of the total floor area of the dwelling shall be used for the home occupation, to a maximum of 500 square feet. For the purposes of this Section, "total floor area" shall include all heated and ventilated areas within the dwelling. Garages, carports, outside storage rooms, and porches shall be excluded.

At the Administrative Officer's option, a floor plan of the residence may be required, indicating the specific location(s) and extent of the business activity.

2.

The exterior appearance of the dwelling unit and/or premises shall not be altered, nor the occupation within the dwelling unit conducted, in any manner that would cause the premises to differ from its residential character or from the character of the neighborhood.

3.

The home occupation shall be operated in the existing dwelling unit, which shall not be enlarged to accommodate the business activity.

4.

No new accessory structure shall be built, nor shall any existing accessory structure be used, for the purpose of operating the home occupation.

5.

There shall be no visible evidence that the dwelling is being used to operate a home occupation. Signs shall not be permitted.

6.

No more than two (2) company or commercial vehicles shall be parked at the premises at any time—including but not limited to cars, vans, trucks, and utility trailers. Off-street parking shall be provided on the premises, as required by Section 614. No parking of commercial or residential vehicles shall be permitted on the street or in the required front yard.

7.

A maximum of one (1) person not residing in the dwelling may engage in the operation of the home occupation.

8.

No merchandise shall be distributed to customers on the premises.

9.

All advertising material indicating the business hours, address and/or physical location of the business shall also state "By Appointment Only" and/or "No On Site Service".

10.

There shall be no outside display or storage of materials, goods, supplies, or equipment used in the home occupation on the premises.

11.

The operation of a home occupation shall not create any nuisance such as excessive traffic, on-street parking, noise, vibration, glare, odors, fumes, smoke, dust, heat, fire hazards, electrical interference or fluctuation inline voltage, or hazards to any greater extent than that normally experienced in the residential neighborhood, or be present or noticeable beyond the property boundaries of the home occupation premises.

12.

The on-site repair of vehicles shall be prohibited as a home occupation.

B.

Application Procedures. Any applicant for a home occupation permit shall pay a fee as established in Section 1007, and submit an application form, together with any required attachments, to the Administrative Officer. The Administrative Officer shall have five (5) business days to approve or deny the application, or inform the applicant that more information is needed to reach a decision.

Each applicant for home occupation approval shall submit a deed to the property on which the proposed business will be conducted. If the applicant does not own the property, he/she shall obtain from the owner a signed and notarized letter of authorization to apply for home occupation approval.

No more than one (1) home occupation shall be approved in any residential dwelling unit. A fraternity, sorority, or boarding house shall constitute a single dwelling unit.

If an applicant fails to provide required documentation, or provides insufficient information, to determine compliance with this Section, the application shall be denied.

C.

Other Provisions.

1.

Home-based businesses offering child or adult day- or nighttime-care services to more than two (2) persons shall not be considered home occupations under this Section, but shall be regulated under Section 612.02. These businesses, if previously approved as home occupations, may continue operating as such until the expiration of the current business license.

2.

Yard or garage sales shall be exempt from these regulations under the following conditions:

a)

sales shall last no longer than two (2) consecutive days;

b)

sales are held no more than four (4) times per year, with an intervening time period of at least 30 days;

c)

the property on which the sale is conducted shall be owned by one of the participants;

d)

no goods purchased for resale may be offered for sale;

e)

no consignment goods may be offered for sale;

f)

all directional or advertising signs shall be removed immediately upon completion of the sale.

3.

The Administrative Officer, or his/her designee, shall be permitted upon reasonable request to enter and inspect the premises of an approved home occupation at any time to verify compliance with these regulations.

4.

Any existing home occupation not in compliance with these regulations may continue operating as a nonconforming home occupation under the following conditions:

a)

the home occupation was approved prior to the effective date of these regulations;

b)

the home occupation is in compliance with all regulations in effect at the time of its approval;

c)

the business activity has continued since the effective date of these regulations without ceasing for a period in excess of 30 days;

d)

the home occupation holds a valid business license issued by the City of Arab Business License Office;

e)

the home occupation has operated in a lawful manner at all times prior to adoption of these regulations;

f)

all signs shall be removed immediately;

g)

Limitation on company vehicles and outside display/storage of materials shall become effective immediately upon adoption of this Ordinance.

612.02. Family Child Care Home. It is the intent of this Subsection to regulate the operation of family child care homes so that the average neighbor, under normal circumstances, will not be aware of their existence.

Any resident of a dwelling unit in the City of Arab providing family child care shall apply for and receive a permit from the Planning Commission or their designee subject to the following regulations:

A.

The childcare activity shall be licensed to and operated by a resident of the dwelling unit in which it is located.

B.

The childcare activity must be clearly incidental to the use of the structure as a residence.

C.

Child care services shall be provided to a maximum of six (6) non-resident children at any one time.

D.

The appearance of the dwelling unit, structure, and/or premises shall not be altered, nor the child care activity within the structure conducted, in any manner which would cause the premises to differ from its residential character or from the character of the neighborhood.

E.

The family child care home shall be operated in the existing dwelling unit. No new or existing accessory structure shall be built or used for the purpose of the child care activity.

F.

No sign shall be permitted in connection with the family child care home.

G.

The total number of persons engaged in the operation of the family child care home shall not exceed four (4). Up to two (2) persons other than those residing in the dwelling may engage in the operation of the business, provided that there is sufficient off-street parking space to accommodate the vehicles of such non-resident employees.

H.

Off-street parking spaces shall be provided on the premises, as required by Section 610, or as otherwise necessary.

I.

The operation of a family child care home shall not create any nuisance such as excessive traffic, on-street parking, or noise to any greater extent than that normally experienced in the residential neighborhood, or be present or noticeable beyond the property boundaries of the child care premises.

J.

The family child care home shall at all times possess an appropriate license issued by the State of Alabama. A copy of such license shall be furnished to the Planning Commission or their designee upon request. Revocation or expiration of the State license shall automatically void any permit issued by the City.

612.03. Subdivision Amenities. It is the intent of this Section to allow the provision of recreational amenities within a subdivision as uses, which are secondary and incidental to the principal residential use. Such features are intended to be low in intensity, have minimal impacts on neighboring properties, and serve only residents of the subdivision in which it is located or other developments that are directly adjacent. Amenities approved under this Section may not be subject to the parking requirements, nor shall they generally require conditional use approval by the Planning Commission.

Upon submission of a scaled drawing showing all proposed improvements, the Planning Commission or their designee shall approve subdivision amenities if they meet the requirements listed below. Those not meeting the provisions of this Section shall be evaluated as principal uses and shall be subject to all applicable regulations.

A.

Amenities that may be approved under this Section include swimming pools, playgrounds, parks, and courts or fields for particular sports such as tennis, shuffleboard, softball, basketball, and volleyball. Specifically excluded are golf courses, golf driving ranges, and miniature golf.

B.

All amenities shall be located on lots or parcels whose recreational purpose is clearly identified on the recorded subdivision plat. Where an amenity is proposed on an existing lot, which is not designated for recreational purposes, it shall be processed by the Planning & Zoning Department as a conditional use under Section 903.

C.

Structures shall be limited to one (1) per parcel, shall be set back 25 feet from all lot lines and shall not exceed 1000 square feet in size inclusive of restroom facilities. Any recreational parcel containing a structure shall have frontage on a public road within the development.

D.

If required for the overall development, bufferyards and landscaping shall be prorated for the amenity site.

E.

A minimum of three (3) and a maximum of five (5) off-street parking spaces shall be provided. Vehicles and/or equipment used by employees shall be stored in an enclosed structure.

F.

Amenities that occupy required open space within a Master Planned and/or a Special District Development shall be limited to those uses that are allowed under Section 422.

(Ord. No. 2017-4, § 1, 10-2-17)

Temporary uses are permitted only as expressly provided in this Section. No temporary use shall be established unless a permit evidencing the compliance of such use with the provisions of this Section and other applicable provisions of this Ordinance shall have first been issued, as provided in Article X.

613.01. General Regulations. Temporary uses as detailed below shall be subject to the following, unless otherwise provided for in this Section:

A.

Notarized, written authorization from property owner with deed to property attached.

B.

Documentation from the Marshall County Health Department must be provided that adequate arrangements for temporary sanitary facilities have been made.

C.

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

D.

All uses shall be confined to the dates specified in the permit.

E.

Hours of operation shall be confined to those specified in the permit.

F.

The site shall be cleared of all debris at the end of the special event and cleared of all temporary structures within five (5) days after the closing event.

G.

Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking.

H.

Traffic control arrangements required by the Arab Public Safety Department, Police Division, in the vicinity of or at major intersections shall be the responsibility of the applicant.

I.

Property owners shall be responsible for restitution and/or repair of any damage resulting to any public right-of-way or property as a result of the event.

J.

Serving of alcoholic beverages shall not be permitted without approval from the Arab City Council.

613.02. Use Limitations.

A.

The principal use or structure, together with any temporary uses or structures, shall not jointly exceed the impervious surface ratio (ISR) or any standard contained in Article IV.

B.

No signs in connection with a temporary use shall be permitted except as specified in Section 613.03.

613.03. Particular Temporary Uses Permitted. The following are temporary uses, which are subject to the specified regulations and standards, in addition to the other requirements specified in this Ordinance.

A.

Carnival or circus.

1.

Permitted only in General Business Districts (GB).

2.

Maximum length of permit shall be 15 days.

3.

No structure or equipment shall be permitted within 500 feet of any residential property line.

4.

Permitted sign shall have a maximum size of 32 sq. ft.

B.

Christmas tree sales.

1.

Permitted only in Agricultural (A-1), Neighborhood Commercial (NC) and General Business (GB) districts.

2.

Maximum length of permit for display and open-lot sales shall be 45 days.

3.

Permitted sign shall have a maximum size of 32 sq. ft.

C.

On-Site Contractor's office and construction equipment sheds.

1.

Permitted in any district where use is incidental to a construction project. Office or shed shall not contain sleeping or cooking accommodations.

2.

Maximum length of permit shall be one (1) year.

3.

Office or shed shall be removed upon completion of construction project.

4.

Signs shall be permitted only in accordance with the Arab Sign Regulations.

D.

Events of public interest.

1.

Permitted only in Agricultural (A-1), General Business (GB) and Historic Downtown (HD) districts..

2.

Events may include but are not limited to outdoor concerts, auctions and athletic events and associated concessions and activities.

3.

Permitted sign shall have a maximum size of 32 sq. ft.

E.

Fireworks Stand.

1.

Permitted only in General Business (GB), and Manufacturing (M-1 and M-2) districts.

2.

Front setback requirements shall be waived.

3.

Side and rear yard setbacks shall conform to the minimum required for the zoning district.

4.

A minimum of five (5) off-street parking spaces per fireworks stand. Improved parking areas shall not be required.

5.

Advertising signs on the site shall conform to the requirements of the Arab Sign Regulations.

6.

Maximum length of permit shall be 30 days.

F.

Modular Buildings as Temporary Uses.

1.

Business Establishments:

a)

Permitted only while a permanent structure is actively being constructed.

b)

Must be a modular building, subject to "d" below.

c)

Permitted only in Neighborhood Commercial (NC) and General Business (GB) districts.

d)

Maximum length of permit shall be six (6) months. Subsequent 90 day extensions may be granted by request to the Planning Commission

e)

Any proposed sign for the temporary location shall be approved by the Planning Commission or their designee and have a maximum size of 32 sq. ft.

2.

School Classrooms (Public or Private):

a)

Temporary location shall be treated as a conditional uses and shown on a site drawing filed with the Planning & Zoning Department.

b)

Must be underpinned and kept free from weeds and debris.

c)

Maximum length of permit shall be three (3) years. Further extensions will require recommendation of the Commission and approval by the City Council.

d)

May be a manufactured building if placement is for one year or less; must be modular if planned placement is for more than one year.

e)

Must be placed upon a temporary foundation.

f)

Must meet all State & Federal Regulations.

G.

Real estate sales office.

1.

Permitted in any district for any new subdivision approved in accordance with Arab Subdivision Regulations. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office for the duration of the temporary use permit.

2.

Maximum length of permit shall be one (1) year. Additional permits may be requested through approval of the Planning Commission.

H.

Religious tent meeting.

1.

Permitted only in Agricultural (A-1), Office & Institutional (O-I), and General Business (GB), districts.

2.

Maximum length of permit shall be 15 days.

3.

Permitted sign shall have a maximum size of 32 sq. ft.

I.

Sale of farm produce.

1.

Permitted in Agricultural (A-1), Neighborhood Commercial (NC), General Business (GB) and Historic Downtown (HD) districts. Prohibited in Manufacturing (M-1 and M-2), and all Residential (R) districts.

2.

Sales areas, including the produce stands, shall be set back a minimum of 20 feet from the nearest right-of-way of any street or highway.

3.

No permanent structures shall be permitted without an approved site plan meeting all the requirements of Section 902.

4.

Permitted sign shall have a maximum size of 32 sq. ft.

J.

Temporary shelter.

1.

When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a manufactured home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations:

1.

Appropriate building permits must be issued prior to location of temporary shelter on the site.

2.

Required water and sanitary facilities must be provided.

3.

Maximum length of permit shall be one (1) year, but the Chief Building Inspector may extend the permit for a period or periods not to exceed 60 days in the event of circumstances beyond the control of the owner. Requests for the extension shall be made in writing at least 15 days prior to expiration of the original permit. In no case shall the length of the original permit plus all extensions exceed eighteen (18) months.

4.

The manufactured home shall be removed from the property within 14 days of issuance of the Certificate of Occupancy for the new or rehabilitated residence, or in one (1) year, whichever is less.

K.

Tent sale/outdoor sales activity.

1.

The outdoor storage or display of merchandise shall be exempted from these requirements under either of the following conditions:

a)

merchandise occupies an outdoor display area, which is permanent in nature and designated as such on an approved site plan;

b)

merchandise is located in a temporary display area which does not occupy required parking spaces, driveway aisles, or required bufferyards, and customers must enter the building to make a purchase.

2.

Tent sales and similar activities are permitted only in Business (B) Districts, on property developed with a principal commercial use, with proper pedestrian and vehicular access. They shall be prohibited on vacant property.

3.

Where the temporary sales activity constitutes a conditional use on the site, it shall not be permitted unless conditional use approval has been recommended by the Planning Commission and granted by the City Council.

4.

The applicant shall submit a site plan specifying the location of all tents, temporary structures, equipment, and merchandise on display.

5.

Permitted sign shall have a maximum size of 32 sq. ft.

6.

All electrical connections shall be inspected and approved by the Building Inspections Department.

7.

The Planning Commission or their designee may establish additional requirements as necessary to minimize hazards and promote efficient traffic circulation on the site.

8.

The maximum duration of the permit shall be 15 days. A maximum of four (4) permits per calendar year may be authorized, and at least 30 days shall elapse between the expiration of one permit and the approval of another.

(Ord. No. 2017-4, § 1, 10-2-17)

There shall be provided at the time of creation or enlargement of any use or of any main building or accessory structure, off-street parking and loading spaces, as required in this Article, for motor vehicles with adequate access to all spaces. No certificate of occupancy will be issued upon completion of any building or group of buildings unless and until all off-street parking and loading requirements shall be in place and ready for use. The use of any required parking space for the storage of any motor vehicle for sale, or for any other purpose other than the temporary parking of motor vehicles, is prohibited.

614.01. Location of Parking Spaces. Parking spaces for all uses or structures shall be located on the same lot with the principal use unless offsite parking facilities are approved by the Planning Commission. Offsite parking facilities shall not be located more than two hundred (200) feet from the lot on which the principal use to be served is located. Offsite parking must be located in a zoning district where off-street parking facilities for employees and customers are permitted. Where required parking spaces are not located on the same lot as the principal use, a written agreement assuring the continued availability of such offsite facilities to serve the principal use shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and shall be filed with the application for a building permit.

614.02. Combined Parking Spaces. The required parking space for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time, except that one-half (½) of the parking space required for places of worship, theaters, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

614.03. Design Standards. An off-street parking space shall be a paved asphalt or concrete surfaced area not located in a street or alley, permanently reserved for the temporary storage of motor vehicles and connected with a street or alley by an all-weather surfaced driveway which affords unobstructed ingress and egress to each space. The driveway and required off-street parking spaces shall meet all City of Arab design standards for parking space size and driveway widths, according to parking space angles shown on the site plan. Paved asphalt or concrete surfaces shall comply with City of Arab parking lot construction standards.

614.04. Off-street Parking, General Requirements.

A.

The requirements listed in this Section specify the minimum number of off-street parking spaces.

B.

For all required off-street parking, the minimum size of each standard parking stall shall be nine (9) feet by twenty (20) feet, exclusive of aisle width, which shall be delineated by striping or other similar means. Parking other than perpendicular parking shall comply with the standards set out in the International Building Code.

C.

Unless otherwise noted, all parking spaces required herein, including adequate driveways and maneuvering areas shall be improved with a suitable, hard surface, permanent type of pavement.

D.

If the required number of spaces is not a whole number, the number of required spaces shall be rounded up to the next higher whole number.

E.

Except as provided in Section 614.02, all required parking spaces shall be provided on the same development site for which they are required; location of required spaces on adjoining property or across a public right-of-way shall be prohibited.

F.

All parking spaces shall be delineated by appropriate fixed curbing, painted lines (a minimum of four inches (4") wide), or other fixed markers.

G.

Alternate forms of parking (i.e. compact spaces) other than that defined as "standard" above shall be considered by the staff on a case by case basis. Under no circumstances shall such parking comprise more than fifteen (15) percent of the overall required parking.

H.

Queuing Spaces shall be nine feet (9') by twenty-four feet (24')

I.

Truck loading spaces shall be an accessible rectangle having a width of twelve (12) feet and a length of seventy (70) feet. Any overhead obstructions shall have a vertical clearance of fifteen (15) feet.

J.

In all applicable districts, the following off street loading requirements shall apply:

614.05. Residential Parking.

A.

See Section 603 for the off-street parking requirements for residential uses.

B.

Reduction in number of off-street parking spaces. When a development is specifically designed to be used for senior citizens, all such units shall be required to provide a minimum of one (1) parking space for each such unit.

C.

Required parking for any residential dwelling unit within a subdivision shall be provided within the boundaries of the lot on which it is located.

D.

Parking for single-family detached dwellings on fee simple lots is exempt from the striping requirements set forth in Section 614.

614.06. Non-residential Parking. On-site parking will not be required for nonresidential uses in the Historic Downtown (HD) district. For all other district, the following minimum number of parking spaces shall be required of the nonresidential uses specified below.

Reference herein to "employee(s) on the largest work shift" means the maximum number of employees employed at the facility regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater.

A.

Parking Requirements by Land Use Category. The following criteria shall be used when no Specified Use Standard has been provided in Section 614.02 B. below.

1.

Agricultural uses: one (1) space per employee on the largest shift. The Planning Commission may, based upon the type and intensity of the agricultural use, waive the requirement for parking to be of hard surface pavement.

2.

Agricultural support uses: one (1) space per 750 square feet of gross floor area.

3.

Commercial and entertainment uses: one (1) space per 250 square feet of gross floor area; for uses exceeding 100,000 square feet, one (1) space per 300 square feet of gross floor area.

4.

Commercial/recreational uses: one (1) space per four (4) patrons to the maximum design capacity of the facility.

5.

Commercial support uses: one (1) space per 750 square feet of gross floor area.

6.

Extraction uses: one (1) space per employee on the largest shift.

7.

Industrial uses: one (1) space per 1000 square feet of adjusted gross floor area, plus one (1) space per company vehicle normally stored on premises.

8.

Institutional, indoor recreational, and special residential uses: one (1) space per four (4) patrons to the maximum capacity.

9.

Nursery uses: one (1) space per 300 square feet of gross floor area. Plus one (1) space per 2000-sq. ft. of outdoor display area.

10.

Office uses: one (1) space per 250 square feet of gross floor area.

11.

Outdoor recreational uses: one (1) space per four (4) patrons at design capacity.

12.

Public services uses: one (1) space per employee on the largest work shift, plus one (1) space per company vehicle normally stored on the premises.

13.

Recreational rental uses: one and one-half (1.5) spaces per rental site; plus one space per 250 square feet of office area.

14.

Road service uses: one (1) space per 150 square feet of gross floor area. Road Service uses utilizing a drive-in window shall provide queuing space for at least six (6) vehicles from the start of the stacking lane to the service window; and at least one and one half (1.5) vehicles from the service window to the exit to a public right-of-way.

B.

Parking Requirements for Specified Uses.

1.

Airport: one (1) space for each four (4) aircraft that can be parked or stored at the facility, whether indoors or outdoors; plus one (1) space for each four (4) seats in waiting areas and restaurants; plus one (1) space for each 250 square feet of office and other administrative or support uses.

2.

Amusement center: one (1) space for each 100 square feet of gross floor area.

3.

Assembly, Places of: one (1) space per four (4) seats of maximum capacity.

4.

Assisted living facilities: one (1) space per dwelling unit.

5.

Athletic field: 20 spaces for every diamond or athletic field, or one (1) space for every four (4) seats of design capacity, whichever is greater.

6.

Auction house: one (1) space for each four (4) seats of design capacity, whether indoors or outdoors.

7.

Auto parts store: one (1) space per 300 square feet of gross floor area.

8.

Auto rental: one (1) space per 400 square feet of gross floor area.

9.

Automated, freestanding walk-up facility: one (1) space per facility. If accessory to another use, no additional spaces are required.

10.

Banks: one (1) space per 300 square feet of gross floor area, plus four (4) stacking spaces per drive-in lane.

11.

Beauty and barber shops: two (2) spaces per chair or one (1) space per 150 square feet of gross floor area, whichever is larger.

12.

Bicycle sales and repair shop: one (1) space per 300 square feet of gross floor area.

13.

Boarding house: one (1) space per room.

14.

Bowling alley: four (4) spaces per lane, plus any additional space required for restaurant facilities, game rooms and other accessory uses on the site.

15.

Car wash (full service): five (5) employee spaces; plus four (4) stacking spaces for each wash stall.

16.

Car wash (self-serve): one (2) stacking spaces per stall (including stall); plus one drying space per stall.

17.

Carpet store: See Furniture Store.

18.

Church: See Assembly, Places of

19.

Community, civic or recreation center: one (1) space per 250 square feet of gross floor area.

20.

Contractor's office/storage yard: one (1) space per 250 square feet of office area; plus one (1) space per 1,500 square feet of indoor storage area; plus one (1) space per 4,000 square feet of outdoor storage area.

21.

Convenience store and/or self-service gas station (no vehicle repairs): one (1) space per 150 square feet of gross floor area. Service areas at pumps may be counted toward required parking spaces. In no instance shall a required parking space conflict with vehicles being fueled or awaiting fuel. Convenience stores with on-site or attached eating establishments shall also meet requirements for restaurant parking. (See Section 614.07 "Shared Parking")

22.

Day care center or nursery school: one (1) space per 250 square feet of gross floor area; plus one (1) off-street parking or loading space per ten (10) children. Maximum enrollment and number of employees shall be noted on the site plan. Parking or loading spaces designated for children shall be located such that there is direct pedestrian access into the facility without crossing streets or driveways.

23.

Drive-in theater: one (1) space per automobile station, plus one (1) space per employee.

24.

Drug and alcohol treatment center: one (1) space per two (2) beds and one (1) space per staff member, based on state licensing requirements and maximum design capacity.

25.

Dry cleaning facility: one (1) space per 1,000 square feet of gross floor area, but in no case less than three (3).

26.

Employment agency: one (1) space per 250 square feet of gross floor area.

27.

Exterminator: one (1) space per 800 square feet of gross floor area, plus one space per company vehicle.

28.

Funeral home: one (1) space per four (4) patron seats in each chapel or viewing area, plus one (1) space per 300 square feet of office space.

29.

Furniture store: one (1) space for each 750 square feet of gross floor area.

30.

Gas station, full-service: one (1) space per 150 square feet of retail area, plus one (1) space per service bay, plus one (1) space per 250 square feet of office space. In no instance shall a required parking space conflict with vehicles being fueled or awaiting fuel. Service areas at pumps may be count toward parking spaces.

31.

Golf courses (nine and eighteen hole): 35 spaces per nine (9) holes. Parking shall be provided for other uses accessory to a golf course (e.g., restaurants, pro shops, driving ranges) at the rate of 50 percent of normal requirements.

32.

Golf driving range: one and one-half (1.5) spaces per tee.

33.

Golf, par three: 25 spaces per nine (9) holes.

34.

Grocery or supermarket (stand-alone): one (1) space per 250 square feet of gross floor area.

35.

Health club/spa/gymnasium: one (1) space per 275 square feet of gross floor area.

36.

Hospital: two (2) spaces per patient bed, plus two (2) spaces per emergency room examination table or bed

37.

Hotel or motel: one and one quarter (1.25) spaces per room. Parking shall be provided for other uses accessory to a hotel or motel (e.g., restaurants, bars, meeting rooms, etc.) at the rate of 65 percent of normal requirements.

38.

Junkyards: two (2) space per acre of land area.

39.

Kennel: one (1) space per 500 square feet of floor area, but not less than three (3) spaces.

40.

Laundromat: one (1) space per 250 square feet of gross floor area.

41.

Lumberyard or Home Improvement Center: one (1) space per 500 square feet of gross floor area, plus one (1) space per 1,500 square feet of outdoor storage/display area.

42.

Machinery sales (includes cars, boats, RVs, Heavy Equipment, tractors, etc.): one (1) space per 400 square feet of gross floor area, plus two (2) spaces per service bay, plus one (1) space per 2,500 square feet of outdoor display/storage area. (See Also Vehicle Sales & Service)

43.

Medical offices: one (1) space per 250 square feet of gross floor area.

44.

Miniature golf: one and one half (1.5) space per hole.

45.

Mini-warehouse: 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.

46.

Movie theatre: See Assembly, Places of

47.

Nursing homes: one (1) space per three (3) beds.

48.

Office Warehouse: one (1) space per 250 square feet of office area, plus one (1) space per 1,500 square feet of gross warehouse floor area.

49.

Outdoor theater: one (1) space per four (4) patrons to the maximum capacity of the facility inclusive of both indoor and outdoor capability.

50.

Parcel delivery service: one (1) space per 750 square feet of gross floor area.

51.

Plumbing and heating supply: one (1) space per 750 square feet of gross floor area. See Also Contractors office.

52.

Printing and publishing plant: one (1) space per 1,000 square feet of gross floor area.

53.

Private clubs: one (1) space per four (4) persons to the maximum capacity of the facility.

54.

Public assembly hall: See Assembly, Places of

55.

Radio/television station: one (1) space per 1,000 square feet of gross floor area.

56.

Recreational vehicle park: one (1) space per recreational vehicle site, plus one (1) space per 250 square feet of gross floor area of permanent habitable structures on the development site.

57.

Restaurant, fast food: one (1) space per 100 square feet of gross floor area. Sufficient space on-site shall be provided to accommodate queuing vehicles.

Such space shall at a minimum provide capacity for four (4) vehicles from the start of the stacking lane to the order board; two (2) vehicles from the order board to the service window; and one and one-half (1.5) vehicles from the service window to the exit to a public right-of-way. In no instance shall stacked vehicles block primary ingress/egress to the site.

58.

Restaurant, standard: one (1) space per four (4) patron seats or one (1) space per 150 square feet of gross floor area, whichever is greater. (Including Outdoor Seating)

59.

Schools:

a)

Elementary/Primary: five (5) spaces, plus one (1) space per classroom or one (1) space per six (6) seats of largest assembly room, whichever is greater.

b)

Junior high: five (5) spaces, plus one (1) space per classroom or one (1) space per six (6) seats of largest assembly room, whichever is greater.

c)

Senior high: ten (10) spaces, plus one (1) space per classroom, plus one (1) space for each five (5) students or one (1) space per ten (10) seats of largest assembly room, whichever is greater.

d)

College: one (1) space for each five (5) students (based on the maximum design capacity) plus two (2) spaces per three (3) employees.

60.

School, commercial or trade: one (1) space for each five (5) students (based on the maximum design capacity) plus two (2) spaces per three (3) employees.

61.

Shopping center: one (1) space per 250 square feet of gross floor area. In a shopping mall, common pedestrian areas, except food courts, may be excluded from the calculation. Shopping centers over 650,000 square feet shall have one (1) space per 300 square feet of gross floor area.

62.

Skating rink, ice or roller: one (1) space per four (4) patrons to maximum capacity.

63.

Swimming facility: one (1) space per 200 square feet of gross water area.

64.

Taverns, dance halls, nightclubs, and lounges: one (1) space per 75 square feet of gross floor area.

65.

Telecommunications tower: one (1) off-street parking space to accommodate a maintenance vehicle for unoccupied structure. Occupied structures must comply with parking requirements as set out under Public Service uses.

66.

Tennis, racquetball, and handball courts: two (2) spaces per court.

67.

Theaters and auditoriums: See Assembly, Places of

68.

Truck terminal: one (1) space per truck normally parked on the premises, plus one (1) space per 500 square feet of office floor area.

69.

Vehicle sales and service accessory to vehicle sales: One (1) space per 2,000 square feet of interior or exterior sales, display, or storage area up to a total of 20 spaces.

70.

Vehicle repair and maintenance services: one (1) space per 400 square feet of office and indoor display area, plus one (1) space per service bay (excluding bay).

71.

Veterinary office: one (1) space per 500 square feet of gross floor area.

72.

Warehouse: one (1) space per 2,000 square feet of gross floor area, plus one (1) space per company vehicle normally stored on the premises.

614.07. Shared Parking. In order to reduce impervious surface and resulting stormwater runoff, establishments may be allowed to share up to 20 percent of the required parking spaces. In all cases where parking is to be shared by uses on different lots, the subject parcels or lots shall be adjacent to one another, have adequate cross access, and in no case shall properties bound under a shared parking agreement, or plan, be separated by a public right-of-way. (See Figure 16)

The intention to share parking facilities must be represented to the Planning Staff prior to site plan approval by means of a written agreement between the various property owners, or in the case of a single owner, an overall shared parking plan for the properties or development sites. Said agreement or plan shall be binding upon all subsequent purchasers, inheritors, subjects and assigns. Should there be a change in the use within any individual structure or location which is bound by a shared parking agreement or plan, the transfer of the shared parking agreement shall be subject to the review and approval of the Planning Commission or their designee, or at his/her discretion, the review and approval of the Planning Commission and City Attorney.

614.08. Reduction in the Number of Required Off-Street Parking Spaces for Large Uses (over 500,000 square feet of gross floor area). In order to prevent the establishment of a greater number of parking spaces than are actually needed to meet the particular needs of a development site containing between 200,000 to 500,000 square feet of gross floor area, a reduction in the number of required off-street parking spaces may be permitted. The applicant may apply for a personal exception (which will not run with the land and only apply for the applicant) dependent on just and good cause due to the special nature or characteristics of the business or land. This reduction shall be permitted subject to the following conditions:

A.

A maximum reduction of one (1) parking space per every 1,000 square feet of gross floor area or 20 percent of the total spaces required can be permitted. The site plan shall indicate the location and dimensions of the parking area provided, and shall include calculations showing the number of parking spaces eliminated pursuant to this Section which otherwise would have been required.

B.

Sufficient area must be reserved to provide for the total number of off-street parking spaces required by Section 614. The purpose of this reservation is to insure adequate area to meet any future need for additional parking spaces. Prior to site plan approval, the applicant shall sign a written statement agreeing to provide additional spaces up to the full amount required by Section 614 upon notification by the Planning Commission or their designee and/or the Planning Commission that such spaces are needed. This statement shall be provided to the Planning & Zoning Department and City Attorney in letter form and shall be reproduced on the site plan.

C.

The reserved parking area shall be shown on the site plan and shall be grassed, landscaped or otherwise covered in vegetation. It shall not include signs or other structures, drainage or percolation fields for sewage disposal, areas exceeding 12 percent slope, required bufferyards, areas of general or off-street parking landscaping required under Article V, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance.

614.09. Parking, Storage or Use of Major Recreation Equipment. For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, used for transporting recreational equipment whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district for a period of time not to exceed forty-eight (48) hours during loading or unloading unless the following conditions are met:

A.

All such vehicles shall be placed in a carport or enclosed building or located behind the front building line or lines in the case of a corner lot, but no closer than five (5) feet to any side or rear lot line.

B.

Storage or parking shall be limited to a lot or parcel of land upon which is located an inhabited dwelling unit and the vehicle or equipment is owned by the occupant.

C.

In the case of multi-family structures, all such recreation vehicles or equipment shall be stored at one (1) location and be screened from view by a fence or vegetation adequate to conceal the vehicles or equipment from view.

D.

Trailer coaches and other vehicles or equipment intended or adaptable for sleeping purposes shall remain unoccupied and not used for living, sleeping or housekeeping purposes and shall not be connected to sanitary sewer facilities, or have a fixed connection to electricity, water or gas when parked or stored on a residential lot, or in any location not approved for such use.

(Ord. No. 2024-1, § 1, 2-5-24)

All lighting must be directed and/or shielded so as to focus lighting onto the use as established and away from adjacent property and areas of pedestrian and vehicular traffic including, but not limited to, sidewalks and streets.

All lighting fixtures incorporated into non-enclosed structures (i.e. gas pump canopies, car washes, etc.) must be fully recessed into the underside of such structures.

Light or glare from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed or located in such a manner as to focus lighting onto the use and away from adjacent property and areas of pedestrian and vehicular traffic including, but not limited to, sidewalks and streets. (See Figure 17)

A lighting plan must be provided with all development plans (i.e. site plans and subdivision plats) showing, at a minimum, placement of all lighting structures, height of structures, and illumination levels taking into account landscaping and other possible obstructions.

A flag lot is a lot that has minimal frontage on a publicly owned and maintained street, whose width some distance back from the street boundary line meets all Ordinance requirements. (See Figure 5)

The purpose of flag lots is to reduce the number of direct access points to arterial and collector roads. Flag lots may be permitted, even though they do not meet the minimum lot width requirements at the street boundary line, subject to the following conditions:

A.

Flag lots shall be limited to single family residential use only. No more than one (1) dwelling unit shall be authorized for any one (1) flag lot access strip.

B.

A flag lot may be used within a subdivision to provide a lot fronting on an arterial or collector road with access to an internal subdivision street. In such cases, vehicular access to the lot from the arterial or collector shall be prohibited. In any event, no more than 10 percent of the lots in any subdivision may be approved as flag lots.

C.

Flag lots providing access to arterial or collector roads shall be prohibited.

D.

Flag lot "stems" or access strips shall be at least 25 feet in width as measured at the road frontage. The land area within the access strip shall not count toward the required minimum lot size.

E.

Where otherwise consistent with the provisions of this section, flag lots may be created in groups not exceeding two (2); in such cases, access strips shall be adjacent to each other and form a total width of 50 feet. A distance of 500 feet shall separate non-adjacent flag lot access strips on the same side of the road. All access strips shall be at least 25 feet from an intersection.

F.

The Administrative Officer shall identify the front, side and rear lot lines of a flag lot for determining yard requirements, allowable locations of accessory structures, and other purposes.

G.

Flag lots shall meet the minimum allowable lot size for the zoning district in which they are proposed, not including the area contained within the flag lot "stem."