(1)

The following regulations shall provide supplemental requirements or standards within zone districts per this ordinance.

(1)

Application.

(a)

Each application for approval of a mobile home park shall be accompanied by three copies of the plot plan drawn to scale and prepared by a registered engineer in a mobile home park district. The following information shall be shown on each plan:

1.

The location and legal description of the proposed mobile home park.

2.

Plans and specifications of all building, improvements, and facilities constructed or to be constructed within the mobile home park.

3.

The proposed use of buildings shown on the site.

4.

The location and size of all mobile home spaces.

5.

The location of all points of entry and exit for motor vehicles and internal circulation pattern.

6.

The location of all landscaping to be provided.

7.

The location of all lighting standards to be provided.

8.

The location of all walls and fences and the indication of their height and the materials of their construction.

9.

The location of all off-street parking facilities.

10.

The name and address of the applicant.

11.

Such other architectural and engineering data as may be required to permit the department of buildings and inspections, the planning and zoning commission, or the city engineer to determine if the provisions of this ordinance are met.

(b)

A time schedule for development shall be prepared, which shall demonstrate the applicant's ability to provide the proposed services within one year of plan approval.

(2)

Review process.

(a)

The planning and zoning commission shall conduct a public hearing on the proposed mobile home parking in accordance with establishment of a MF zone district.

(b)

The planning and zoning commission shall also review the recommendations of the city engineer, the building inspection officer, the Jefferson County Health Department, and any other officials as deemed appropriate before action on the proposed mobile home park is taken.

(3)

Development standards.

(a)

No parcel of land containing less than two and one-half acres and less than 15 mobile home spaces, available at the time of first occupancy shall be used for a mobile home park, however, the plans submitted for approval shall be designed for a minimum of 25 mobile home units.

(b)

The mobile home park shall be subject to the density provisions of the district in which it is located, provided, however, there shall be not less than 3,000 square feet of lot area for each space provided on the site. This space ratio shall include access roads, automobile parking, accessory building space, and recreational area.

(c)

The mobile home park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

(d)

Each mobile home park shall have a front yard of 25 feet extending for the full width of the parcel devoted to said use.

(e)

Each mobile home park shall have a rear yard and a side yard on both sides of the parcel devoted to said use of not less than 10 feet.

(f)

Where a side or rear yard abuts a street, the yard shall be not less than twenty-five feet (25) feet and all yards shall be landscaped and maintained.

(g)

No building or structure erected or stationed in this park shall have a height greater than one story or 15 feet.

(h)

A mobile home park shall be entirely enclosed, exclusive of driveways, at its external boundaries by a solid wall, fence, or evergreen hedge not less than seven feet in height. Such wall, fence, or hedge shall not be constructed or planted within the required front yard setback.

(i)

Each mobile home park shall be permitted to display on each street frontage, one identifying sign of a maximum size of nine square feet. Said sign shall contain thereon only the name and address of the mobile home park and may be lighted by indirect lighting only.

(j)

Each mobile home space shall be of sufficient size that, in addition to the trailer, the following areas shall be provided.

1.

Each mobile home space shall be at least 30 feet wide and such space shall be clearly defined by permanent markers.

2.

There shall be a front yard setback of 10 feet from all access roads within the mobile home park.

3.

Mobile homes shall be so harbored on each space so that there shall be at least a twenty (20) foot clearance between mobile homes, provided, however, with respect to mobile homes parked end-to-end, the end-to-end clearance shall be not less than ten (10) feet. No mobile home shall be located closer than twenty (20) feet from any building within the mobile home park.

4.

There shall be at least two paved, off-street parking spaces for each trailer space, which shall be on the same site as the trailer served, and may be located in the rear or side yard of said trailer space.

5.

Each mobile home space shall be provided with a paved patio of a least two hundred (200) square feet and having a storage locker of at least one hundred (100) cubic feet. Storage lockers may be located in locker compounds.

(4)

General provisions.

(a)

There shall be established and maintained within each mobile home park an automobile parking area for the use of guests. The number of spaces within this area shall be equal to one for each four trailer sites.

(b)

Access roads within a mobile home park shall be paved to a width of not less than 25 feet. Where access roads are paved to a width of 32 feet or more, the required guest parking area shall be waived.

(c)

Mobile home spaces may abut upon a driveway of not less than twenty (20) fee tin width, which shall have unobstructed access to the access roads within the mobile home park. The sole vehicular access shall not be by alley, and all dead-end driveways shall include adequate vehicular turning space or cul-de-sac.

(d)

A minimum of six inches of compacted gravel, or other suitable pavement material, shall be installed for each trailer space. Size of pads shall be as follows:

1.

5% - 10' × 40' or larger

2.

90% - 10' × 45' or larger

3.

5% - 1-' × 50' or larger

(e)

Walkways not less than two feet wide shall be provided from the mobile home spaces to service buildings.

(f)

Each mobile home space shall be provided with a connection to a sanitary sewer line or to a sewer system approved by the health department.

(g)

There shall be provided a park and recreation area having a minimum of 150 square feet for each mobile home space. Areas shall be consolidated into usable areas with minimum dimensions of not less than 30 feet.

(h)

Each mobile home park shall be provided with a management office and such service buildings as are necessary to provide facilities for mail distribution, storage space for supplies, maintenance materials and equipment, and laundry facilities equipped with washing machines and dryers. Outside drying yards shall be enclosed with a six foot high solid fence.

(i)

Trailers, with or without toilet facilities, that cannot be connected to a sanitary sewer line shall not be permitted in a mobile home park.

(j)

Cabanas and other similar enclosed structures are prohibited.

(k)

Mobile homes shall not be used for commercial, industrial, or other nonresidential uses within the mobile home parks.

(l)

A use permit fee of $15.00 per mobile home space shall be payable to the city by the applicant upon approval of the mobile home park.

(1)

Application.

(a)

Each application for mobile home subdivision shall be accompanied by three copies of the proposed plan drawn to scale and prepared by a registered engineer. The following information shall be shown on each plan:

1.

A description of the site location.

2.

Location and width of all streets, parking facilities and walkways.

3.

Area and dimensions of the site.

4.

Number, layout and dimension of all lots.

5.

Location, size and layout of all utilities.

6.

Assessment of drainage conditions by a registered engineer, including all proposed measures needed to rectify problems, where needed.

(2)

Review process.

(a)

The planning and zoning commission shall conduct a public hearing on the proposed mobile home subdivision, in accordance with establishment of MS zoning district.

(b)

The planning and zoning commission shall review the recommendations of the city engineer, the department of building and inspections, the Jefferson County Health Department, and any other officials as deemed appropriate before action on the proposed mobile home subdivision is taken.

(3)

Site standards.

(a)

The minimum lot width shall be 50 feet.

(b)

The minimum lot area or size shall be 7,500 square feet.

(c)

The minimum yard size shall be as follows:

Note— Corner lot: setback shall be same on both streets, roads or highways.

(a)[(d)]

All lots shall be individually owned.

(b)[(e)]

All required yards shall be permanently landscaped and maintained.

(c)[(f)]

All mobile home sites shall abut upon a roadway which is hard surfaced, and which meets city specifications pertaining to streets.

(d)[(g)]

Access points shall be controlled through the review of plans submitted to the board of adjustments on each mobile home subdivision plan.

(e)[(h)]

The entire area shall be adequately served by water, sanitary facilities, and adequate drainage provisions.

(f)[(i)]

All public improvements shall conform to the requirements of the Bessemer Subdivision Regulations.

(4)

Mobile home standards.

(a)

The minimum mobile home floor area shall be 500 square feet.

(b)

Each mobile home shall be provided with two off-street parking spaces.

(c)

All mobile homes shall be individually owned.

(1)

Modular buildings may be allowed in industrial districts and a temporary structure in other districts upon review and approval by the zoning board of adjustment.

(2)

Modular homes are allowed in residential zone districts, subject to compliance with all other zone district standards.

(3)

Mobiles homes are only allowed in mobile home parks or subdivisions.

(4)

Mobile home structures or modular home structures are allowed in I-2, Heavy industry districts, for office and security purposes. One such structure may be allowed on tracts of 10 acres or greater. Said structures may be occupied by security personnel, overnight, subject to all city codes and regulations relative to living quarters. Such mobile homes or modular structures may be allowed under the same conditions in other industrial district subject to zoning board of adjustment approval.

(5)

Manufactured homes in residential districts subject to zoning board of adjustment approval.

(1)

Application. Each application for a cemetery shall be accompanied by three copies of the proposed plan drawn to scale and prepared by a registered engineer. The following information shall be shown on each plan:

(a)

General topography.

(b)

Property lines.

(c)

Scale.

(d)

Storm drainage facilities.

(e)

Utility easements. Plus the location and dimensions of all.

(f)

Buildings and structures.

(g)

Exterior lighting.

(h)

Buffer strips and fences.

(i)

Outside storage areas.

(j)

Parking and loading areas.

(k)

Points of ingress and egress.

(l)

Signs.

(2)

Public hearing. The planning and zoning commission shall conduct a public hearing on the proposed cemetery in accordance with establishment of CEM-1 or CEM -2 zone district.

(3)

Requirements.

(a)

Any new cemetery shall be located on a site containing not less than 20 cres.

(b)

A six-foot-high protective wall or fence shall be located on all property lines.

(c)

The principal entrance or entrances to a cemetery shall be located not closer than 500 feet from the boundary of a residential zone.

(d)

Mausoleums, crematoriums, or any other building or structure accessory to or incidental to a cemetery shall not be closer than 200 feet to any property line and shall not exceed 35 feet in height.

(e)

No burial plots shall be located closer than 50 feet from any property line, nor 150 feet from any water pipe, main, or well.

(1)

A private swimming pool shall be any pool or open tank not located within a completely enclosed building, and containing water to a depth at any point greater than one and one-half feet. Private swimming pools are permitted in any residential district provided:

(a)

The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests.

(b)

No swimming pool or part thereof, excluding aprons, walks, and equipment rooms, shall protrude into any required front or side yard.

(c)

The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than four feet in height and maintained in good condition.

(d)

Lighting fixtures may not be higher than 10 feet.

(2)

A community club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools shall comply with the following conditions and requirements.

(a)

The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.

(b)

The pool and accessory structures thereto, including the areas used by bathers, shall be not closer than 50 feet to any property line of the property on which located.

(c)

The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall be not less than a nominal four feet in height and maintained in good condition. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees, and maintained in good condition.

(1)

All tennis courts constructed in a residential district shall meet the following minimum requirements:

(a)

The tennis court must be located in the rear yard.

(b)

The tennis court may not be located any closer than 25 feet from any property line and residential structure.

(c)

All exterior lighting fixtures shall be constructed to direct the beam below the horizontal plans of the fixture and shall reflect away from any adjacent property.

(2)

Tennis courts for multi-family and commercial uses shall meet standards seemed by the zoning board of adjustment to be appropriate upon review of the specific proposal.

(1)

General restrictions. The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property. (Subject to approval of the zoning board of adjustments.)

(2)

Limitation on type of home occupation. Customary home occupations should be limited to an office or a business of a personal service nature.

(3)

Confinement to building. The home occupation shall be confined to 25% of the principal building; however, no outside storage shall be used in connection with the home occupation.

(4)

Employment limitations. Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment of help other than members of the residential family.

(5)

Sale of products. No display of products shall be visible from the street and only articles made on the premises may be sold, except that nondurable articles (consumable products) that are incidental to a service, shall be the principal use in the home occupation, may be sold on the premises.

(6)

Limitation of students. Instruction in music, dancing and similar subjects should be limited to two students as a time.

(7)

Time restrictions. The activity carried on as a home occupation shall be limited to the hours between 7[:00] a.m. and 10[:00] p.m.

(8)

Inspection. The City of Bessemer reserves the right to inspect the areas of the building to be used as a home occupation before the issuance of a license to ensure that said building or part thereof is in compliance with city ordinances and codes.

(1)

Permit required.

(a)

No adult establishment, as defined by this subsection, shall be constructed, established, or operated by any person without first obtaining a permit from the director of buildings and inspection, which permit shall certify that such adult establishment complies with the requirements of this section.

(2)

Locational requirements. No adult establishment shall be constructed, established, or operated within:

(a)

Fifteen hundred (1500) feet of a residential or dwelling district.

(b)

Fifteen hundred (1500) feet of a school.

(c)

Fifteen hundred (1500) feet of a public park situated in a residential dwelling district.

(d)

Fifteen hundred (1500) feet of a church.

(e)

Fifteen hundred (1500) feet of another adult establishment.

(1)

Airport development must conform to FAA and other flight safety requirements.

(2)

Structures in other zone districts must comply with FAA requirements.

(1)

Other zoning provisions notwithstanding, all construction must be in conformance with federal flood hazard requirements and all regulations, ordinances, etc. of the City of Bessemer.

(1)

No communal living facility shall be located less than 1,000 feet from the nearest other such facility.

(1)

Purpose. The purpose of these guidelines is to establish minimum considerations and criteria for the zoning board of adjustment review of variance and special exception proposals for communications towers. It is the board's express intent that the construction of new towers be an option of last resort: to the extent feasible, location of antennae on existing towers, building rooftops, and other suitable structures should first be sought. These guidelines are designed to ensure the compatibility of towers with and avoid adverse impacts to nearby properties.

(2)

Communications tower. Defined a structure, such as a self-supporting lattice tower, guy tower, monopoly tower, or building, on which transmitting or receiving antennae are located, including accessory facilities for equipment storage and operations. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and the like, but excludes accessory structures to a permitted use such as, ham radio towers, receive-only antennae, radio dispatch systems, transportable telecommunications devices, and the like.

(3)

Applicability. All communications towers subject to approval as a variance or special exception, in residential districts, subject to these guidelines. Towers are allowed in commercial, industrial districts, subject to these standards.

(4)

Objectives. The proposed location and design of all communications towers shall duly consider the following public health, safety, and general welfare objectives:

(a)

Structural safety. The proposed tower will comply with wind loading and other structural standards contained in applicable building and technical codes (including sec. 1205 of the Standard Building Code and the Electronic Industries Association RS 222 code) 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.

(b)

View protection. The proposed tower facility will be designed to minimize adverse visual impacts to surrounding properties and the public right-of-way, given the topography of the proposed site and surrounding area.

(c)

Land use compatibility. The proposed tower facility will be compatible with the surrounding land uses, given the character of use and development of the location.

(d)

Design harmony. The proposed tower facility will be designed in harmony with the natural setting and the surrounding development pattern.

(e)

Existing communications services. The proposed tower facility will comply with FCC and other applicable agency standards so as not to interfere with existing communications services to the area.

(f)

Health effects. The proposed tower will comply will all applicable federal and state health standards so as not to cause detrimental health effects to persons in the surroundings.

(5)

Development criteria. The zoning board of adjustment, where required, shall review all communications towers on case-by-case basis for compliance with applicable criteria listed below, however, any of these criteria may be waived or adjusted by the board if a particular case may so warrant. in any event, these criteria are considered the necessary minimum to protect the public health, safety, and general welfare. The board may impose higher standards it may deem necessary to further the objectives of these guidelines.

(a)

Setbacks.

1.

All towers, including guys, and accessory facilities shall meet minimum district yard and setback requirements.

2.

When located within or adjacent to a residential district or dwelling, the minimum standard setback from all adjoining residential property boundaries shall be equal to one foot of setback for each four feet of tower height.

3.

The board may reduce the standard setbacks in exceptional cases where a hardship would result due to unusual conditions on the site or other impracticalities. However, the board shall not reduce setbacks to the detriment of affected residential properties.

(b)

Appearance.

1.

Tower shall either maintain a galvanized steel finish or be painted sky blue so as to reduce the visibility of the structure, unless other standards are required by the FAA.

2.

The design of the tower compound shall, to the extent possible, maximize use building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.

3.

Where communications towers are appropriate for a given location, the type of tower shall be restricted to monopolies in or near residential area and other urban areas of special aesthetic concern, such as downtown, commercial revitalization areas, historic districts, and scenic corridors.

(c)

Lighting. Tower shall not be lighted unless required by the FAA or other authority for safety purposes. Where required, the board shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. "Dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Security lighting may be permitted in accordance with E-5 below.

(d)

Landscaping.

1.

A landscaped buffer shall effectively screen the view of the tower compound from adjacent public ways and residential properties.

2.

The standard buffer shall consist of a minimum four foot wide landscaped strip outside the perimeter of the compound. Security fencing shall be screened to its full height by a decay-resistant, solid wood fence: earth berms and brick or masonry walls may also be appropriate screens. The buffer strip shall be planted with an attractive combination of trees, shrubs, and/or groundcovers that enhances the outward appearance of the screening fence.

3.

In isolated non-residential areas, alternative landscaping methods may be accepted, such as the use of earth-toned colored, vinyl-coated steel security fencing in combination with evergreen shrubs, trees, vines, and/or other plantings.

4.

In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waved.

5.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, preservations of substantial natural growth around the property perimeter may be sufficient buffer.

(e)

Security devices.

1.

The facility shall be fully secured. A minimum eight feet high, galvanized steel, chain link fence shall be installed around the perimeter of the compound (measured to top of the fence of barbed wire, if applicable). Security fencing shall require screening in accordance with E-4 above. Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted, if deemed necessary to fully secure the tower compound.

(f)

Access.

1.

Driveways and parking shall be provided to assure the operator's access to the facility for maintenance or emergency services. In some cases, parking/access may be from an adjoining alley, public street, or off-street parking area.

(g)

Shared use.

1.

No new tower shall be established if space is structurally and technically available on an existing tower which would serve the area that the new tower would serve. Towers shall be designed to 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. If feasible, each tower shall, at a minimum, be designed for double its initially intended use for all transmitting and receiving antennae other than microwave dish antennae.

(h)

Removal of obsolete towers.

1.

Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the city with a copy of the notice to the FCC of intent to cease operations and shall be given 90 days from the date of ceasing operations to the obsolete tower and accessory structures. In the case of multiple operators sharing use of single tower, this provision shall not become effective until all users cease perations.

(6)

Application.

(a)

Any application submitted for variance or special exception approval shall submit the following items, in addition to the standard board application, to show compliance with the board's review guidelines:

1.

Statement of impact on health, safety and welfare. A brief written statement shall address conformance with health, safety and welfare objectives of these guidelines.

2.

Site plan. A scaled site plan shall show the location and dimensions of all improvements, including setbacks, drives, parking, fencing, landscaping, and other information necessary to assess compliance with development criteria of these guidelines.

3.

Rendering. A rendering or sketch of the tower, accessory facilities, and compound shall show colors, materials, and treatment. If lighting or other FAA requirement for tower color is proposed, evidence of such requirement shall be submitted.

4.

Justification for new tower. A proposal for a new tower shall be documented by the applicant that the planned equipment for the proposed tower cannot be accommodated on an existing tower within the proposed service area. The applicant shall submit a written affidavit that attempts to share an existing tower have been attempted but failed or that no such tower exists.

5.

Certification of shared use design. A qualified professional engineer shall certify that the proposed tower design can ultimately accommodate the maximum number of shared users, in accordance with section E-7, Development Criteria.