(1)

Generally.

(a)

To reserve areas for agriculture, low density residential and other recreational uses without permitting an intensity of development which would require the provision of urban facilities and services.

(2)

Permitted uses.

(a)

Single-family dwelling unit.

(b)

Raising of crops, plants, flowers and trees.

(3)

Uses permitted on review.

(a)

Mobile home park, subject to the provisions of section.

(b)

Mobile home subdivision, subject to the provisions of section.

(c)

Travel trailer park/campground.

(d)

Airport.

(e)

Botanical gardens.

(f)

Cemetery, subject to the provisions of section.

(g)

Church.

(h)

Community center, YMCA YWCA.

(i)

Fire station, police station.

(j)

Health care facility.

(k)

Outdoor recreation facilities such as park, golf course, tennis courts, swimming pool, and camps.

(l)

Public elementary or high school, or parochial or private school having comparable curriculum, not including dormitories.

(m)

Automobile, motorcycle or other tracks used for competitive racing.

(n)

Commercial livestock feed and sales yard.

(o)

Home occupation, subject to the provisions of section.

(p)

Livery stable or riding academy, fish raising and the breeding of fur-bearing animals.

(q)

Lodge, fraternal organizations, non-commercial club not operated for a profit.

(r)

Plant nursery.

(s)

Roadside stand for the sale only of products produced on the same lot, not to exceed 200 square feet in area or be located nearer than 35 feet from a street.

(t)

Veterinarian or dog kennel operations.

(u)

Extraction or storage of natural mineral resources.

(v)

Sawmill for the purpose of cutting, sawing, milling, drying, treating and processing timber (logs) into lumber for building purposes.

(w)

Fowl and livestock, which is permitted only in an A-1 district, shall conform to the following provisions:

1.

Horses, cows, sheep and goats shall be housed not less than 150 feet from any use permitted in any residence or business district, other than the residence of owner, with at least 15,000 square feet of lot area for each animal.

2.

Fowl, rabbits and other small animals shall be housed not less than 100 feet from any use permitted in any residence or business district, other than the residence of the owner, with a maximum of 20 such fowl or animals for every 7,000 square feet of lot area.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See off-street parking and loading requirements section.

(c)

See sign regulations section.

(1)

Generally.

(a)

To provide for a compatible and complementary mixture of residential, office, commercial, cultural, institutional, governmental, and industrial uses. The purpose of this section is: (1) to encourage flexible, creative and imaginative approaches to a range of urban development opportunities; (2) to provide flexible and creative solutions to transportation and parking problems, public or private, motorized and pedestrian; (3) to promote citizen interaction and a sense of community; (4) to provide opportunities for affordable housing; (5) to provide economic, convenient and efficient provision of sufficient public services; (6) to ensure the provision of public spaces and activities; (7) to preserve significant natural features of the land; and (8) to develop in a manner complementary with other land in the vicinity.

(2)

Mixed use district definitions. For the purposes of this section the following words, terms and phrases shall have the meaning ascribed to them as specified herein.

(a)

Civic use areas - Land areas intended to contain public/quasi-public buildings and uses (such as churches, schools, libraries, fire stations, and other similar uses) for the use, enjoyment and benefit of the public.

(b)

Common open space - The land area which is accessible and available to all occupants of specific dwellings or subdivisions for whose use the space is intended and reserved. This space is owned and managed by a property owners association.

(c)

Conceptual plan - A plan consisting of several maps and narratives laying out existing conditions and proposing MXD subareas and a general land use group plan for an MXD or phase thereof.

(d)

Development guidelines - Regulations for development within an MXD which are established by the developer and approved by the planning committee that govern location, character, and extent of proposed site plans and design features.

(e)

Development plans - Detailed maps and narratives, based on approved conceptual plans and development guidelines, delineating a proposed development or phrase of development and providing the basis for a preliminary subdivision.

(f)

Golf courses, private - Golf courses privately owned and not open to the general public.

(g)

Golf courses, public - Golf courses owned by a government agency or privately owned but open to the general public on a daily fee basis.

(h)

Gross land area - Total land area of a site of district inclusive of dedicated street rights-of-way, civic use area and open space area.

(i)

Land use groups - Uses permitted in varying proportions under the MXD subarea plans.

(j)

Mixed use district (MXD) - A mixed use district is a zone district wherein a compatible mixture of office, commercial, residential, industrial and civic uses and open space may be combined.

(k)

MXD subareas - Areas enumerated below which may be developed under an MXD zoning classification. The boundaries of these areas are required to be delineated on conceptual plans.

(l)

Mixed use district/residential (MXD/R) - A mixed use development subarea comprehensively planned for residential community development.

(m)

Mixed use district/employment (MXD/E) - A mixed use development subarea comprehensively planned for employment based development.

(n)

Mixed use district/community center (MXD/CC) - A mixed use development subarea comprehensively planned to concentrate civic, cultural, commercial, residential and employment activities into a cohesive center.

(o)

Net acres - The total land area of a site less proposed public rights-of-way, easements, required civic use areas and required open space.

(p)

Performance bonus - A method for allowing additional land use options and/or densities when the development plan's net acres establish additional open space beyond that required.

(q)

Property owner's association - A private corporation or other legal entity established by the developer to provide for the ownership, maintenance, and management of the common open space areas, and other community area improvements of a development, as well as enforcement of its covenants.

(r)

Public open space - Land dedicated for leisure and/or recreation, including but not limited to: pedestrian paths, parks, athletic fields and courts assigned to a public agency which is responsible for its operation and maintenance.

(s)

Required open space - Percentage of a proposed development that must be restricted to common and/or public open space as specified in the area, dimensional, and design requirements.

(t)

Steering committee - A committee which may include private sector and governmental representatives which may be formed to provide oversight to a development.

(u)

Required civic use space - Percentage of a proposed development that must be dedicated to publicly owned civic use activities as specified in the area, dimensional and design requirements.

(3)

[Submittal requirements.] Submittal requirements for MXD Zoning and Conceptual Plan Approval.

(a)

Process for rezoning to MXD (owner/developer initiated).

1.

The minimum gross land area required for an application for rezoning to MXD is 10 acres. Smaller areas my be considered for rezoning to MXD when contiguous to a larger tract of land that is already zoned MXD and is under the same ownership as the larger tract and using the same development guidelines.

2.

The applicant shall submit six (6) copies of a "draft" conceptual plan, with payment of the rezoning fee. The building at inspections department shall schedule a pre-application conference within fifteen (15) days to review the draft proposal. This informal conference may include the applicant, city engineer, community development department, buildings and inspections department, and other private and public entities which may have interests in the vicinity of the project.

3.

The applicant should incorporate staff recommended changes to the "draft" conceptual plan. Upon the applicant submitting six (6) copies of a completed conceptual plan, the zoning official shall process a rezoning case and request the planning and zoning commission to hold a public hearing at their next meeting.

4.

After the planning and zoning commission public hearing, the building and inspections department will set a public hearing for rezoning with the city council.

(b)

Process for conceptual plan approval in an existing MXD zone (where zoning has been established by the city).

1.

Six (6) copies of a "draft" conceptual plan shall be submitted to the building and inspections department which will convene a pre-application conference within fifteen (15) days. This conference will be lead by the chairman of the steering committee, should one exist, for the area in which the MXD zone is being implemented, or by the building and inspections department where such a steering committee is not in place.

2.

After the pre-application conference, the applicant should incorporate staff recommended changes to the "draft" conceptual plan. upon applicant submitting six (6) copies of a completed conceptual plan, the building and inspections department shall process public hearings before the planning and zoning commission and city council.

(c)

Requirements for a conceptual plan submittal — The conceptual plan submittal shall consist of maps and written material as detailed below. Maps should include title block and include date, north arrow, legend, and scale. Scale should be compatible between comparable maps and large enough to fully understand the proposed development concept.

1.

Existing environmental features map:

a.

Geologic features;

b.

Soils map;

c.

Topographic features (with contour intervals not greater than five (5) feet);

d.

Flood maps (showing Federal Emergency Management Act floodways and 100 year flood plains);

e.

Wetlands identification where US Army Corps of Engineers approvals are required;

f.

Large tree stands, water features, significant scenic areas or identified endangered species habitat.

2.

Existing manmade features map:

a.

Location of existing land uses on site and within 500 feet of the site boundaries;

b.

Location of existing roads and rights-of-way and the volume/capacity ratios of existing contiguous freeways, arterial, and major collector roadways;

c.

Location and size of existing accessible water lines and sanitary sewer lines, their rights-of-way or easements and their capacities and current demand;

d.

Location of other utilities and their rights-of-way or easements such as natural gas, electrical, telephone, and cable television;

e.

Historical sites listed or eligible for listing in the National Register of Historic Places.

3.

Existing legal features map:

a.

Existing zoning on-site and within 500 feet of site boundaries;

b.

Property lines and dimensions of site;

c.

Municipal and county jurisdictional boundaries, where applicable.

4.

Conceptual plan map:

a.

Boundaries of the proposed MXD zone and proposed boundaries of MXD subareas;

b.

Proposed on-site arterial and collector street system showing approximate locations and access to off-site roadways;

c.

General location and size of projected water lines and sanitary sewer lines, their rights-of-way or easements and their capacities and point of connection;

d.

Generalized location of proposed land use groups including required open space and required civic use areas.

5.

Conceptual plan written submittal:

a.

A narrative discussing how the proposed project addresses the eight purposes of an MXD zone outlines in subsection 1 of this section;

b.

Projected built-out resident population and employment population;

c.

Quantitative geographic data in acres: (1) gross land area; (2) net land area; (3) approximate acreage of areas dedicated to various land use groups within each proposed MXD Subarea including approximate percentages of each; (4) approximate acreage of open space area, (including acres for public or private golf courses, public open space, common open space), including approximate percentages of each (5) approximate acreage of civic uses areas, including approximate percentages;

d.

Estimates of demands and provisions for supplying adequate drinking water and sanitary sewage disposal to meet the needs of a projected built-out population per phase;

e.

A traffic impact analysis indicating that the traffic generated when each phase of the proposed project is built out can be accommodated without causing excessive congestion or safety hazards on existing or proposed roads.

6.

Minor amendments to conceptual plans:

a.

Any minor or non-substantive change in the approved conceptual plan may be made after approval of such change by the building and inspections department. Any proposed change in an approved conceptual plan shall be clearly portrayed on all copies of the approved plan and submitted to the building and inspections department for review and determination. The proposed change may be referred to a steering committee for review or to the planning and zoning commission and city council for a public hearing and action. No amendment shall be made without public hearings which would cause any of the following to occur:

1.

Proposed changes in MXD subarea boundaries which increase the acreage of more intense subareas by more than five percent (5%) of the council approved conceptual plan.

2.

Proposed land use group changes which could increase the overall densities or intensity of uses by more than ten percent (10%) of the council approved conceptual plan.

3.

Proposed land use group changes which could alter the MXD's relationships to adjacent developed property or relationships to planned uses.

4.

Any reduction in the total acreage of required open space or required civic use space or any reduction of 10% or more of the total acreage of open space or civic use areas in the city council approved conceptual plan.

5.

Major realignment of arterial or collector streets.

(4)

Development requirements.

(a)

Development guidelines. The applicant shall submit six (6) draft copies of development guidelines to the building and inspections department for review. Within thirty (30) days after receiving said documents, the building and inspections department shall call a meeting with the applicant and a steering committee, where applicable, to discuss staff comments. If agreement cannot be reached on the sufficiency of this submittal, appeals may be filed with the zoning board of adjustment. proposed development guidelines shall include minimum standards for site and project development and amendment procedures, subject to the approval of the building and inspections department and a steering committee, where applicable. These guidelines shall include but are not limited to the following:

1.

Area, dimensional, and design requirements of this ordinance as baseline standards.

2.

Building materials and colors and architectural features.

3.

Buffers and screening requirements between different land use groups and between different land use groups and existing residentially zoned districts.

4.

Landscaping for off-street parking lots, solid waste and recycling containers, utility equipment, and for the development as a whole.

5.

Pedestrian amenities and pedestrian circulation plans and requirements, such as for bike lanes, equestrian trails, sidewalks or pedestrian paths as appropriate.

6.

Building and parking lot set back lines.

7.

Methods to limit the number of parking lot access points to public streets and to link parking areas with adjacent properties.

8.

Fences and walls including size, material and placement.

9.

Public right-of-way amenity plans, including street trees, street furniture, lighting and landscaping.

10.

Overhead utility location and height.

11.

Site clearing and preservation procedures for trees and other natural vegetation.

12.

Signs.

13.

Exterior lighting.

14.

Zero lot line housing layout and design features.

15.

Design guidelines for MXD/CC subareas, in addition to the above, shall address the following design features:

a.

Vehicular and pedestrian circulation systems that promote a comfortable and pleasant walkway environment, including materials, landscaping, lighting, street furniture, and permitted parking lot layouts and location.

b.

Open space plan, showing how required open space amenities relate to other activities to promote an appropriate atmosphere.

c.

Building placement, facade design, entrance and window location and placement, provisions for any visible utilities or accessory structures, heights, materials, colors, signage and lighting.

16.

Right-of-way improvement standards where not in compliance with City of Bessemer Subdivision Regulations and where modification of these Regulations are expected to be requested of the planning and zoning commission.

(b)

Development plans. Development plans in an approved MXD subarea must be: (1) submitted to the building and inspections department and (2) conform to the approved conceptual plan and development guidelines and (3) consist of mapped or plotted information and written information.

The building and inspections department and other city staff as well as a project steering committee, where applicable, shall review these plans and respond to the applicant within fifteen (15) days with comments. The applicant, after consideration of staff comments, will make appropriate revisions, if necessary, and submit the development plans for the approval of the building and inspections department. Appeals of any provisions on the development plan approval may be filed with the zoning board of adjustment.

1.

Development plan maps. Detailed development plans shall be prepared at a scale sufficient for detailed review and delineate: (1) MXD subareas for the development; (2) land use groups for all parcels; (3) required open space and civic use area; (4) additional open space which is proposed, if applicable; (5) phasing of development. In addition, data should be submitted delineating conformance with the development guidelines as well as the following:

a.

Topographic contours not greater than two (2) foot intervals.

b.

Approximate height of all buildings.

c.

Use(s) of all buildings.

d.

Approximate location of all utilities.

e.

Approximate total site acreage.

f.

Approximate total site impervious (manmade) surfaces.

g.

Lot lines within 100 feet of development site boundaries.

h.

Location of all structures within 100 feet of site, their use and heights.

i.

Location of all private roads, drives, and parking lots within 100 feet.

j.

Buffer and screening provisions.

k.

Parking lot design specifying layout and landscaping in detail.

l.

All walls and fences.

m.

Lighting plan.

2.

Development plan written submittal:

a.

Legal description of project property.

b.

Quantitative geographic data in acres: (1) gross land area; (2) net land area; (3) areas dedicated to various land use groups within each proposed MXD subarea including percentages of each; (4) open space area, (including acres for public or private golf courses, public open space, common open space, and required open space including percentages of each); (5) civic uses areas, including percentages.

c.

Documentation from developer committing provision of adequate drinking water and sanitary sewage disposal to meet the need of the projected built-out population.

d.

A traffic impact analysis indicating how each phase of the proposed development will relate to streets and roadways and that the traffic generated when built out can be accommodated without causing excessive congestion, hazards, or objectionable volumes of traffic on existing or proposed roads.

(c)

Preliminary subdivisions and draft covenants.

Preliminary subdivisions in an approved MXD subarea must be submitted to the building and inspections department, conform to the approved conceptual plan, development guidelines and development plans and consist of mapped or plotted information and written information, including draft covenants, where applicable, governing relationships between the developer and property owners.

The building and inspections department and other city staff as well as a project steering committee, where applicable, shall review these plans and respond to the applicant within fifteen (15) days with comments. The applicant, after consideration of staff comments, will make appropriate revisions, if necessary, and submit the following:

1.

Preliminary subdivision plats: Preliminary subdivision plats shall be submitted as provided for in the city's subdivision regulations for planning and zoning commission review and action.

2.

Covenants - Covenants shall be between applicant and deed holders of all property in the area covered by this application. Covenants shall include articles which include, but are not limited to the following:

a.

Articles of incorporation and by-laws for a property owners association.

b.

Provision for the establishing of a procedure for turning over management of open space and other amenities from applicant to the property owners association.

c.

Provision for an account to fund maintenance and operational expenses of common or open public space.

(d)

Covenants and final subdivision plat.

After receiving approval of the development guidelines, the development plan and preliminary subdivision plat, the applicant shall submit final covenants and file an application with the planning and commission board for approval of a final subdivision plat.

Upon approval of the final covenants by the building and inspections department, the final plat will be submitted as provided for in the city's subdivision regulations for planning and zoning commission review and action.

After the final plat has been recorded, building permits may be applied for. A condition of building permit issuance is review and approval by the building and inspections department for compliance with the approved plans. Appeals of the decision on compliance by the building inspections officers are to the zoning board of adjustment.

(6)[(5)]

Permitted uses, use groups, and use percentages.

(a)

Permitted uses. Any use not specifically listed in these land use groups may be allowed in groups with similar uses as determined by the building and inspections department. uses specifically listed for the first time in a uses restrictive land use group cannot be interpreted to be allowed in a more restrictive land use group.

(b)

Use groups.

1.

Open space uses - except as noted these uses are allowed in all subareas.

a.

Parks.

b.

Athletic fields and courts.

c.

Pedestrian paths (See Subsection 6, A, 3).

d.

Golf courses, boat clubs, marinas, and swimming pools.

e.

Natural undisturbed areas.

f.

Public recreation centers.

g.

Village greens and town squares.

h.

Natatorium, gymnasium, velodrome.

i.

Stadiums and athletic coliseums (permitted in MXD-E subareas only).

j.

Other like uses.

2.

Civic uses - Except as noted these uses are allowed in all subareas.

a.

Library.

b.

School, grades K-9.

c.

Municipal services and buildings.

d.

Police and fire stations.

e.

Post offices.

f.

Day care centers.

g.

Non-profit civic or cultural societies (no office building).

h.

Churches, synagogues, and other places of worship.

i.

High schools, grades 9-12, colleges, and universities (not allowed in MXD/R).

j.

Museums and art galleries (not allowed in MXD/R).

k.

Music center, symphony halls, and amphitheater (not allowed in MXD/R).

l.

Performing arts theater (not allowed in MXD/R).

m.

Hospitals (not allowed in MXD/R).

n.

Public conference center (not allowed in MXD/R).

o.

Other like uses.

3.

Residential use groups.

a.

Residential use Group 1 Single-family detached dwelling units not to exceed seven (7) dwelling units per net acre.

b.

Residential Use Group 2 All uses allowed in Residential Use Group 1 and single-family attached and semi-attached dwelling units, single family detached zero lot line dwellings and multi-family units not to exceed twelve (12) dwelling units per net acre.

c.

Residential Use Group 3 All uses allowed in Residential Use Group 2 and multi-family dwelling units not to exceed 29 dwelling units per net acre and communal living facilities with zoning board of adjustment approval.

4.

Commercial use groups.

Commercial Use Group 1 - Neighborhood business users.

a.

All uses allowed in Residential Use Group 2.

b.

Residential uses in mixed use building.

c.

Artist studio.

d.

Greenhouse.

e.

Restaurants without drive through or drive-in capabilities.

f.

Offices not exceeding 5,000 square feet per building.

g.

Neighborhood retail, sales and services of exceeding 5,000 square feet per building.

h.

Auto service station limited to one (1) facility per intersection.

i.

Private club or lodge.

j.

Commercial health club, spa or recreation facility.

k.

Tourist home.

l.

Other like uses.

Commercial Use Group 2 - General commercial users.

a.

All uses allowed in Residential Use Group 3.

b.

All uses allowed in Neighborhood Businesses, Commercial Use Group 1.

c.

General office.

d.

Retail sales and services.

e.

Restaurants.

f.

Hotels or motels.

g.

Conference centers.

h.

Non-industrial research and development.

i.

Parking garages.

j.

Cinemas.

k.

Taverns.

l.

Funeral homes.

m.

Other like uses.

Commercial Use Group 3 - Commercial/limited industrial use.

a.

All uses allowed in Commercial Use Group 2, except residential uses.

b.

Building contractors.

c.

Light industrial use - provided uses do not create any danger to health or safety in surrounding areas and which do not create any objectionable noise, vibration, smoke, dust, odor, heat or glare, or release any pollutant which would require a permit from a state or federal agency.

d.

Wholesale sales.

e.

Shipping/receiving, warehousing and self storage.

f.

Auto repair.

g.

Auto sales, new or used.

h.

Animal hospitals and veterinarians.

i.

Broadcasting stations.

j.

Other like uses.

5.

Uses permitted upon review (with zoning board of adjustment approval).

a.

Public utilities - (with adequate screening provision).

b.

Outdoor storage - (in MXD/E only, finished or packaged goods only and with adequate screening provisions).

c.

Horse stables, barns and corrals - (only when contiguous to equestrian trails, on ten (10) acre sites or larger and adequately buffered from neighboring uses).

d.

Broadcasting and communication antennas (in MXD/E only).

e.

Cemeteries.

f.

Appeals for more intensive uses than are allowed under proposed land use groups.

(c)

Mix of uses. The following sets forth the proportions of permitted uses for arranging acreage's of MXD subareas. Unless otherwise noted, all MXD zones have provisions for required open space and civic use areas. (See area, dimensional and design regulations).

1.

MXD/R - Residential uses with complementing commercial uses.

a.

Sites less than twenty (20) net acres.

(1)

Allowed uses and proportions:

Residential Use Group 1 - maximum 100%

Residential Use Group 2 - maximum 10%

(2)

Performance bonus: Allowed Uses and proportions:

Residential Use Group 1 - maximum 100%

Residential Use Group 2 - an additional 1.5% for every 1% of additional open space up to a maximum of 25%

b.

Sites between twenty (20) to forty (40) net acres.

(1)

Allowed uses and proportions:

Residential Use Group 1 - maximum 90%

Residential Use Group 2 - maximum 15%

Commercial Group 1 - maximum 5%

(2)

Performance bonus: allowed uses and proportions:

Residential Use Group 1 - maximum 90%

Residential Use Group 2 - an additional 1.5% for every 1% of additional open space up to a maximum of 30%

Commercial Use Group 1 - maximum 5%

c.

Sites over forty (40) net acres.

(1)

Allowed uses and proportions:

Residential Use Group 1 - maximum 80%

Residential Use Group 2 - maximum 25%

Residential Use Group 3 - maximum 5%

Commercial Use Group 1 - maximum 5%

Commercial Use Group 2 - maximum 2%

(2)

Bonus: Allowed uses and proportions:

Residential Use Group 1 - maximum 80%

Residential Use Group 2 - an additional 1% for every 1% of additional open space up to a maximum of 35%

Residential Use Group 3 - an additional ½% for every 1% of additional open space up to a maximum of 10%

Commercial Use Group 1 - maximum 5%

Commercial Use Group 2 - maximum 3%

2.

MXD/E with complementary commercial and residential uses.

a.

Allowed uses and proportions:

Commercial Use Group 2 - maximum 90%

Commercial Use Group 3 - maximum 40%

b.

Bonus: Allowed uses and proportions:

Commercial Use Group 2 - maximum 90%

Commercial Use Group 3 - 2% for every 1% of additional open space up to a maximum of 60%

3.

MXD Community Center uses with complementing residential and commercial uses arranged and located in a manner to provide a defined and pedestrian oriented business and service center for a larger MXD area.

Application may be made for the MXD/CC subarea designation, where part of a larger MXD zoned property, for sites between 10 and 80 net acres.

Allowed uses and proportions:

Residential Use Group 1 - maximum 30%

Residential Use Group 2 - maximum 30%

Residential Use Group 3 - maximum 25%

Commercial Use Group 1 - combined maximum 50%

Commercial Use Group 2 -

(6)

Other regulations.

(a)

MXD overall minimum standards.

1.

Required open space.

The minimum requirement for open space in the conceptual plan shall be 15% of the gross land area. Each development plan submittal shall include a minimum of 5% of the gross area as open space or the amount of open space approved in the corresponding conceptual plan, whichever is greater. Not more than 75% of the required open space may be satisfied by the provision of public golf courses and not more than 50% of the required open space may be satisfied by the provision of private golf courses. All the listed public or common open space uses may count 100% toward satisfying this requirement.

2.

Required civic uses.

A minimum percentage depending on subarea designation of the proposed development uses shall be dedicated to listed publicly owned civic uses. This minimum requirement shall be 3% for MXD/R and MXD/E and 5% for MXD/CC.

3.

Pedestrian paths.

A pedestrian pathway system generally continuous throughout the district, is required and shall consist of dedicated public rights-of-way or easements, which may include bike lanes or equestrian trails. The path system specifications must be included as a part of the development guidelines submittal.

(b)

Within MXD/R and MXD/E Subareas the following requirements shall apply:

1.

Height.

a.

Residential Use Groups 1 and 2 shall have a maximum height of 35 feet.

b.

Residential Use Group 3 shall have a maximum height of 75 feet.

c.

Commercial Use Group 1 shall have a maximum height of 35 feet in MXD/R and 75 feet in MXD/E.

d.

Commercial Use Group 2 shall have a maximum height of 35 feet in MXD/R and 75 feet in MXD/E.

e.

Commercial Use Group 3 shall have a maximum height of 75 feet.

2.

Separation of residential buildings.

Unless provided for in approved development guidelines, the minimum separation for residential buildings (except accessory structures) shall be:

- 40 feet front of one building to back of another building

- 25 feet front of one building to side of another building

- 35 feet front of one building to front of another building

- 30 feet back of one building to back of another building

- 20 feet side of one building to back of another building

- 15 feet side of one building to side of another building

For all buildings exceeding 35 feet in height, the minimum separation between buildings shall increase 1 additional foot for each additional foot the building exceeds 35 feet in height.

3.

Impervious surfaces.

The maximum man made impervious surfaces (roof top, paved parking, and like surfaces) for parcels of property shall depend on its use as specified below. Interpretation of a use as it applies to impervious surface ratios shall be made by the director of urban planning with appeals of this decision to zoning board of adjustment.

a.

Retail sales or services and light industrial or warehousing maximum 80%.

b.

Office or Research maximum 65%.

c.

All other uses maximum 50%.

For attached single family dwellings this ration shall apply to the composite site, not each individual parcel.

(c)

Within MXD/VC subareas the following requirements apply.

1.

Height - the maximum height for all structures is 45 feet.

2.

Open space - a minimum of one (1) village green or town square between one (1) and five (5) acres shall be provided.

3.

All utilities shall be underground.

4.

Off-street parking shall be prohibited at street intersections.

5.

Off-street parking shall be in the rear or side of buildings unless special development guidelines are established.

(7)

Parking requirements.

(a)

Off-street parking requirements - Off street parking spaces shall be provided in accordance with the requirements for specific uses set forth in other Articles.

(b)

On-street parking - Generally continuous parallel or angle parking shall be provided along streets where commercial uses are predominant. Except where narrower streets are provided through subdivision variance, parallel parking is permitted along all other neighborhood streets.

(1)

Generally. To provide for the orderly arrangement of recreational facilities and associated commercial uses.

(2)

Permitted uses. The use of each building and/or premises shall be in accordance with the plan referred to in subsection 7 of this section. The Bessemer Planning and Zoning Commission and the City of Bessemer shall determine that each approved use is compatible with other uses within, adjacent to and in the vicinity of the PRD Planned Recreational District. The uses listed below are permitted in this district only when approved, which uses shall be limited to:

(a)

Archeries.

(b)

Amusement Parks.

(c)

Athletic fields and stadiums (baseball, football, tennis, etc.).

(d)

Carnivals.

(e)

Circuses.

(f)

Drive-in or enclosed theater (excluding adult entertainment).

(g)

Fairgrounds.

(h)

Golf courses (full size, miniature and putting greens).

(i)

Merry-go-rounds.

(j)

Miniature railroads.

(k)

Picnic or camp grounds including mobile home parks. All sanitary facilities must be in conformity with the City of Bessemer code, with the density and location subject to the approval of the Bessemer Planning and Zoning Board.

(l)

Pony riding tracks.

(m)

Practice golf driving range.

(n)

Race tracks (automobile, stock cars, motorcycles, horses and dogs).

(o)

Riding stables and trails.

(p)

Roller and ice-skating rinks.

(q)

Skeet, rifle or trap shooting ranges, provided that such use is not located nearer than 1,000 feet to any residence other than owner or lessor of the site or such facility is totally enclosed with materials to contain any munitions discharged therein.

(r)

Sport arenas.

(s)

Swimming pools, boating or water parks.

(t)

Theme parks.

(u)

Zoos & aquariums.

(v)

Other similar recreational or tourist facilities.

(w)

Accessory structures and uses, including but not limited to apartments and/or dormitories.

(3)

Uses permitted upon review. Associated commercial activities excluding adult establishments, and including but not limited to, the following:

(a)

Ambulance or helistops for emergency service only.

(b)

Banks.

(c)

Hotels-motels.

(d)

Office buildings.

(e)

Restaurants with or without tavern combinations.

(4)

District regulations.

(a)

Maximum height of buildings shall be 40 feet, and no structure shall exceed two hundred (200) feet in height.

(b)

Minimum structure setbacks.

1.

Front yards. No building or structure shall be closer to any abutting street than fifty (50) feet.

2.

Side yards. No building or structure shall be closer than twenty-five (25) feet to any adjoining side property line, except as provided in item "d [4]" below.

3.

Rear yard. No building or structure shall be closer than fifty (50) feet to any rear property line, except as provided in item "d [4]" below.

4.

District setback. No building or structure shall be closer than one hundred (100) feet to a PRD Planned recreational district boundary line.

(c)

Open space between buildings.

Open space between buildings, measured at the closest point, shall not be less than twenty-five (25) feet for one-story buildings, thirty-five (35) feet when one or both are two story buildings, and fifty (50) feet when one or both are three-story or taller buildings.

(d)

Buffers.

Additional setbacks, buffers or restraints may be required where determined necessary.

(5)

Development plan application—Review and approval. A petition for the establishment of a PRD Panned recreational district on a tract of land containing a minimum of twenty (20) acres may be submitted by:

(a)

The owner(s) of the subject land, or

(b)

The Bessemer Planning and Zoning Commission of the City of Bessemer to assure the compatibility of uses within a PRD Planned recreational district.

The petitioner shall submit a plan for the development of the property for review and approval in accordance with the provisions of subsection (7) of this section before any action is taken upon the petition. The Bessemer Planning and Zoning Commission or the City of Bessemer shall determine that each approved use is compatible with other uses within, adjacent to and in the vicinity of the PRD Planned recreational district.

The development plan and application shall be submitted to the Bessemer Planning and Zoning Commission for rezoning considerations or to the City of Bessemer for initial zoning considerations.

(6)

Development plan and other information—Contents. The development plan and application shall be submitted to the Bessemer Planning and Zoning Commission for rezoning considerations or to the City of Bessemer for initial zoning considerations, for review and approval in accordance with the provisions of this section before any action is taken upon the petition. Building permits will be issued only for structures which are in strict conformity with the development plan. Said plan shall comply with all requirements of this section and shall be accompanied by evidence concerning the feasibility of the project, the relationship of the proposed development on surrounding property and other physical conditions. When required by the City of Bessemer, said plan and supporting evidence may include each of the following:

(a)

A site plan defining the areas wherein buildings may be constructed; the locations and extent of parking and the proportionate amount thereof; the location of all roads, driveways and walks and the points of ingress and egress, including access streets where required; the location, height and character of walls, fencing or other forms of screening; the space for loading; the location, size, character and number of signs excluding trailer or portable signs of any type; the location and character of exterior lighting; and the character and extent of landscaping, planting and other treatment for protection of adjoining properties.

(b)

A drainage and grading plan including an environmental analysis of the site and its environs.

(c)

A copy of any acceptable deed restrictions intended to be recorded.

(d)

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

(e)

A professional traffic analysis indicating the effect of the proposed development on existing adjacent streets specifying the direction and amount of traffic flow to and from the development. Said analysis of any project shall include:

1.

Traffic congestion or causes;

2.

Projected volumes of traffic in adjacent residential areas; and

3.

Adequate improvements to accommodate the projected volumes, determined necessary by the City of Bessemer or the Bessemer Planning and Zoning Commission as part of the development plan required herein.

(f)

A professional land use study of the existing and proposed land uses in the area surrounding the subject property and projection of the relationship of proposed development to existing and future uses.

(g)

Schematic drawings of buildings and other improvements that illustrate the character of development shall be submitted for review and approval. The city or planning and zoning commission may request that said plans be reviewed.

In addition to the above, the design and land development controls should be addressed by the plan in areas surrounding the proposed facility and particularly its major access ways to assure a high level of quality not just for the proposed facility but for the journey to and from the facility and for spin-off or associated development that the major facility spawns.

(7)

Recommendation to City of Bessemer.

(a)

The Bessemer Planning and Zoning Commission may approve the development plan and recommend to the City of Bessemer the rezoning based on conditions requiring the applicant to submit sufficient information addressing problems relative to requirement of subsection 7, subject to final approval by the City of Bessemer following the establishment of the district.

(8)

Delay in construction.

(a)

In the event that construction in accordance with the originally approved development plan has not begun within two years from the date of its approval, the development plan shall expire and become null and void. If less than 25% of the site improvements have been installed within 18 months after issuance of a permit to begin construction, the site development plan shall expire and become null and void.

(9)

Amendments to plan.

(a)

After adoption of a PRD Planned recreational district, amendments or changes to the development plan shall be submitted to the Bessemer Planning and Zoning Commission for approval or disapproval. Such submission shall include the same plans or studies required for the initial application. Any change in the development plan that includes changes in the approved uses of the district shall also be approved to assure the compatibility of the changed use with other uses within, adjacent to and in the vicinity of the PRD Planned recreational district.

(1)

Generally. To provide for community facilities.

(2)

Uses permitted.

(a)

Churches, including all structures normal and incidental to such use.

(b)

Public schools.

(c)

Public playgrounds and parks.

(d)

On premise[s] signs are permitted only in accordance with the regulations contained in the ordinance.

(3)

Uses permitted upon review.

(a)

Private or parochial schools having curricula approximately the same as ordinarily given in public schools.

(4)

District regulations.

(a)

See district development criteria section

(b)

See parking and loading section.

(c)

See signage regulation section.

(5)

Other.

(a)

Change of ownership. When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified in another zoning district.

(1)

Generally. To provide for larger scale institutional uses.

(2)

Permitted uses.

a)

Business colleges and trade schools, high schools.

b)

Charitable and philanthropic organizations.

c)

Colleges and universities.

d)

Convalescent and nursing homes and homes for the aged.

e)

Convents and monasteries.

f)

Day nurseries and kindergartens.

g)

Government buildings used exclusively by the federal, state, county, or municipal government for public purposes except for garages, repair or storage yards warehouses and buildings used or intended to be used as correctional or penal institutions for housing prisoners, for industrial type operations, or for operations requiring heavy and frequent movement of trucks.

h)

Transitional homes.

(3)

Uses permitted upon review.

(a)

Hospitals.

(b)

Libraries, community centers, private parks, museums, art galleries, legitimate theaters, etc.

(c)

Lodges, fraternal and social organizations, headquarters for scout and other youth organizations, YMCA and YWCA facilities.

(d)

Membership clubs not operated for profit.

(e)

On-premise[s] signs are permitted only in accordance with the regulations contained in article 11, section 117 of the resolution.

(f)

Stadiums, coliseums and assembly halls owned by non-profit organizations or by the state, county or municipal government.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading section.

(c)

See signage regulation section.

(5)

Other.

(a)

Change of ownership. When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified in another zoning district.

(1)

Generally. To provide for major institutional uses.

(2)

Uses permitted.

(a)

Government buildings used exclusively by federal, state, county or municipal government for public purposes.

(b)

Helistops. (permitted on appeal only)

(c)

Mental health care or treatment facilities.

(d)

Penal and correctional institutions.

(3)

Uses permitted upon review.

(a)

Uses permitted in INST-1 or INST-2

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See signs requirements section.

(5)

Other.

(a)

Change of ownership. When land in an institutional district is sold or leased to a party other than a public institution, no construction, alteration, or change of use shall be permitted on said land until it shall have been reclassified in another zoning district.

(1)

Generally. To provide for major utility facilities such as substations, etc.

(2)

Permitted uses.

(a)

Public utilities such as sewage pumping or lift stations, power substations, gas peak shaving stations, and water pumping stations, etc.

(3)

Uses permitted upon review.

(a)

Radio, television stations and cellular towers, etc.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See signage requirements section.

(1)

Generally. To provide for municipal a private/airport or airstrip operations.

(2)

Permitted uses.

(a)

Airports, airport terminals and customary related facilities on airport property.

(b)

Air freight and air cargo operations.

(c)

Aircraft repair shops.

(d)

Aerial survey companies.

(e)

Automobile parking lots and garages.

(f)

Automobile rental.

(g)

Heliports.

(h)

Warehousing, as related to air freight.

(i)

Motels.

(j)

Offices.

(k)

Other accessory uses as may be related to airport operation.

(3)

Uses permitted upon review.

(a)

Industrial development allowed in I-1.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements.

(c)

See signage requirements.

(1)

Generally. To provide for development of individually owned mobile home sites.

(2)

Permitted uses. Within a mobile home subdivisions district a building or land shall be used only for the following purposes:

(a)

Mobile home subdivision.

(b)

Customary accessory buildings or structures.

(3)

Uses permitted upon review.

(a)

Uses permitted in R-2 district.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking requirements section.

(c)

See signage requirements section.

(5)

Development plan required.

(a)

Development shall be allowed within site of development plan approved as provided for essence in ordinance.

(1)

Generally. To provide for unified mobile home park with leased sites.

(2)

Permitted uses. Within a mobile home park district a building or land shall be used only for the following purposed:

(a)

Mobile home park provided that such mobile home park meets the following site standards and regulations.

(b)

Customary accessory building or structures in accordance with article 1000 and 1001.

(3)

Uses permitted upon review.

(a)

Uses permitted in R-4 district.

(4)

District regulations.

(a)

The minimum area for any mobile home park is five (5) acres.

(b)

The maximum density is ten (10) mobile home sites per acre.

(c)

The mobile home park site shall be designed and developed to be completely surrounded by a buffer strip having a width of thirty-five (35) feet which shall have the characteristics of a yard as defined in this resolution. The buffer strip shall be landscaped and maintained.

(d)

Access points shall be controlled through review of plans submitted to the roads and transportation department on each mobile home park.

(e)

All mobile home sites shall abut a roadway. All roadways shall be hard surfaced.

(f)

The entire area shall be adequately served by water and sanitary facilities.

(g)

No accessory buildings or structure shall be erected or maintained in the required buffer strip.

(h)

Each mobile home park should be provided with a park and recreational area having a minimum are of one hundred (100) square feet per mobile home space. Such areas shall be consolidated into usable areas.

(i)

The minimum mobile home space shall not be less the 3,600 square feet.

(j)

The minimum front, side, and rear yard setbacks will be:

(k)

All required yards should be permanently landscaped and maintained with ground cover, trees, and shrubs.

(l)

Each mobile home space should be provided with a deck or patio of at least two hundred (200) square feet.

(m)

Each mobile home space shall be provided with two (2) off-street parking spaces.

(n)

All mobile home lots are to be leased or rented only and are not be sold individually.

(o)

See also district development criteria, parking and loading and sign regulations sections.

(5)

Development plan required.

(a)

Prior to issuance of building permits, a development plan shall be required as prescribed in ordinance. The development plan should include the following:

1.

The area and dimensions of the site.

2.

Number, location, and dimensions of all mobile home lots.

3.

The location and width of roadways, automobile parking facilities, and walkways.

(1)

Generally. To provide for the orderly location and operation of adult entertainment facilities.

(2)

Permitted uses. Within [a] commercial adult entertainment district, a building or land shall be used only for the following purposes:

(a)

Adult establishments.

(b)

Accessory structure and uses.

(3)

Uses permitted upon review.

(a)

Uses allowed in C-1.

(4)

District regulations.

(a)

Adult entertainment establishment operating within this zoning district shall not be permitted within (1,500) feet of any religious institution, school and/or residential district, kindergarten or child-care facility, public or private park or playground, or other adult entertainment facility. The distance provided herein shall be measured from zoning district/line of the facility authorized to the nearest zoning district/line of the above listed use.

(b)

No visible exposure to the general public of activities within the establishment (all windows and doors to be covered or blacked out).

(1)

Generally. To provide for varying types of private recreation/amusement facilities.

(2)

Permitted uses. Within [the] outdoor amusement district, a building or land shall be used only for the following purposes:

(a)

Archeries.

(b)

Amusement parks.

(c)

Athletic fields such as baseball, football, etc.

(d)

Carnivals.

(e)

Circuses.

(f)

Drive-in theaters.

(g)

Golf courses, both commercial and miniature.

(h)

Merry-go-rounds.

(i)

Miniature railroads.

(j)

Other commercial amusement establishments.

(k)

Picnic grounds or groves.

(l)

Pony riding tracks provided.

(m)

Practice golf driving tees.

(n)

Public swimming pools.

(o)

Riding stables.

(p)

Roller and ice-skating rinks.

(q)

Skeet, rifle or trap shooting range, provided that such use is not located nearer than 1,000 feet to any residence other than owner or lessor of the site.

(r)

Shooting galleries.

(3)

Uses permitted upon review.

(a)

Uses allowed in C-1, C-2, C-3, C-4 districts.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking requirements section.

(c)

See signage requirements section.

(1)

Generally. To provide for orderly location and operation of cemetery.

(2)

Permitted uses. Within a CEM-1 Cemetery district, a building or land shall be used only for a cemetery use provided that the site shall consist of not less than forty (40) acres, and that the following requirements are met:

a)

No interments shall be made closer than 35 feet to any adjoining property lines;

b)

No interments shall be made within 150 feet of any well used for drinking water purposes;

c)

Building or structures, including materials, shall be set back from adjoining property lines a distance of thirty-five (35) feet;

d)

No interments shall be made until paved streets have been completed, basic landscaping completed and all drainage problems eliminated; and

e)

No approval for cemetery use will be issued until final approval has been obtained from the County Health Department.

(3)

Uses permitted upon review.

(a)

Accessory structure.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking requirements section.

(c)

See signage requirements section.

(1)

Generally. To provide for proper location and operation of pet cemeteries.

(2)

Permitted uses. Within CEM-Z district, A building or land shall be used only for a pet cemetery, provided that:

(a)

The area of the pet cemetery site shall be a minimum of five (5) acres;

(b)

All buildings and interments shall be located a minimum of 35 feet from all property lines;

(c)

No well shall be within 150 feet of any interment;

(d)

Twenty (20) feet wide roads, chert or gravel, shall be provided within the cemetery;

(e)

Entrance roads and drainage shall be subject to approval of City Engineer; and

(f)

The cemetery shall be subject to the approval of the county health department.

(3)

Uses permitted upon review.

(a)

Accessory uses.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking and loading requirements section.

(c)

See sign regulations section.

(1)

Generally. To provide temporary zoning provisions for properties annexed to the city.

(2)

Permitted uses.

(a)

Uses allowed under previous existing county zoning.

(3)

Uses permitted upon review.

(a)

Uses which are similar to those allowed under county zoning.

(4)

District regulations.

(a)

See district development criteria section.

(b)

See parking requirements section.

(c)

See signage requirements section.