The following regulations apply to all developments provided for the accommodation of transient recreational vehicles, including travel trailers, campers, small mobile homes used for vacation purposes, motor homes and similar transient residential vehicles.

10.11  Recreation vehicle parks are uses permitted in R-5, B-2 and M-1 districts subject to the approval of the planning commission and the requirements of the following provisions.

10.12 No recreational vehicle park shall be located except with direct access to a county, state or federal highway, with a minimum lot width of not less than fifty (50) feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district.

10.13 The minimum lot area per park shall be two (2) acres.

10.14 Use of spaces in recreational vehicle parks shall be limited to travel trailers, mobile homes, motor homes, and campers with a maximum length, exclusive of hitch, of forty (40) feet.

10.15 Users of the spaces shall meet all other applicable laws. Spaces shall be rented by the day or week only, and an account of such space shall remain in the same trailer park for a period of not less than ninety (90) days.

10.16 Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided:

10.161 Such establishments and the parking area primarily related to their operations shall not occupy more than ten (10) percent of the area of the park.

10.162 Such establishments shall be used in compliance with local regulations determined by the park management.

10.163 Minimum sanitary facilities shall include one (1) toilet, one (1) shower, and one (1) lavatory basin per twenty-five (25) camp sites in the park.

10.17 No space shall be so located that any part intended for occupancy for sleeping purposes shall be within thirty (30) feet of the right-of-way line of any major, or collector street, or of any minor street.

10.18 In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval of the county health department.

Mobile home parks as defined herein are uses permitted in an R-5 mobile home park district subject to the provisions of this ordinance.

10.21 License. It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the City of Brewton, Alabama, unless such person shall first obtain a license therefor, except that the maintenance or operation of a mobile home park in existence on the effective date of this ordinance may be continued.

10.22 License Fees and Temporary Permit Fees.

10.221 The annual license fee schedule for mobile home parks shall be as adopted by the city council and reviewed periodically for amendment and updating.

10.222 The fee for transfer of a license shall be twenty-five dollars ($25.00).

10.23 Application for License.

10.231 Application for initial mobile home park license shall be filed with the City of Brewton, Alabama. The application shall be in writing, signed by the applicant and shall include the following:

(a)

The name and address of the applicant;

(b)

The location and legal description of the mobile home park;

(c)

The complete plan of the park in conformity with the requirements of this ordinance;

(d)

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

(e)

Such further information as may be required by the planning commission to enable it to determine if the proposed park will comply with legal requirements. Four (4) copies of the application and all accompanying plans and specifications shall be filed with the city clerk.

10.232 Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, the city shall issue a certificate renewing such license for another year, provided that the park is still in compliance with the requirements of this ordinance.

10.24 Location. Mobile home parks may be located in the R-5 mobile home park district as established in this ordinance. Where any boundary of a park directly abuts property which is improved with a permanent residential building located within twenty-five (25) feet of such boundary, or directly abuts unimproved property which may under existing laws and regulations be used for permanent residential construction, a 6-foot fence, wall, hedge or shrubbery screen shall be provided along such boundary.

10.25 Mobile Home Park Plan. The mobile home park shall conform to the following requirements:

10.251 The park shall be located on a well-drained site, properly graded to ensure rapid drainage and free from stagnant pools of water.

10.252 Each park shall provide mobile home spaces, and each such space shall be clearly defined or delineated. Each space shall have an area of not less than four thousand (4,000) square feet and a width of not less than thirty (30) feet, and the average width of all spaces shall be not less than forty (40) feet; provided, however, that mobile home parks which, at the time of the adoption of this ordinance, existed lawfully with mobile home spaces that do not comply with any of the foregoing minimum area and width or minimum average width requirements, may continue to operate and shall be excused from such compliance.

10.253 Mobile homes shall be so located on each space that there shall be at least a twenty-foot clearance between mobile homes. Mobile homes parked end to end, the end to end clearance may not be less than twenty (20) feet and shall not be less than twenty (20) feet to any building within the park or to any property line of the park which does not abut upon a public street or highway. No mobile home shall be located closer than twenty-five (25) feet to any property line of the park abutting upon a public street or highway, or such other distance as may be established by ordinance or regulation as a front yard or setback requirement.

10.254 All mobile home spaces shall abut upon a driveway of not less than twenty-four (24) feet in width, which shall have unobstructed access to a public street, alley or highway.

10.255 Walkways not less than two (2) feet wide shall be provided from the mobile home spaces to the service buildings.

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

10.257 All driveways and walkways within the park shall be hard-surfaced and lighted at night with electric lamps of not less than two hundred fifty (250) watts each, spaced at intervals of not more than one hundred (100) feet.

10.258 An electrical outlet that meets National Electric Code supplying at least 120/140 volts, 100 amperes shall be provided for each mobile home space.

10.26 Water Supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park, to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four (4) inches above the ground.

10.27 Sewage and Refuse Disposal.

10.271 Each mobile home space shall be provided with a sewer at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and home harbored in such space having any or all of such facilities. The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with any applicable ordinance or into a private sewer and disposal plant or septic tank system of such construction and in such a manner as will comply with the county health department requirements and present no health hazard.

10.272 Garbage receptacles. Garbage and trash disposal shall be in compliance with applicable city ordinances.

10.28 Fire Protection. Every park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the fire department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time. A six-inch water line with a fire plug shall be provided for each thirty (30) mobile homes (e.g. 31 [homes] require two (2) fire plugs).

10.29 Animals and Pets. Ownership and care of dogs, cats or other pet animals shall be in compliance with applicable city ordinances.

10.210 Tie-downs and Anchors. It shall be unlawful for any persons including, but without limitation, owners of mobile home parks and owners and/or occupants of mobile homes within the park, to place, maintain, or occupy any mobile home unless such mobile home is equipped with tie-downs and anchors meeting or exceeding standards of the state manufactured home code (24-532) in compliance with the state law.

10.211 Common Recreation Facilities. Not less than ten (10) percent of the total area of any mobile home park shall be devoted to common recreational areas and facilities, such as playgrounds and swimming pools. Ways for pedestrians and cyclists shall be away from streets, and play areas for small children or other recreational areas in block interiors.

Common recreational areas shall not include streets or parking areas, shall be closed to automotive traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.

10.212 Supervision. The licensee or permittee, or a duly authorized attendant or caretaker, shall be in-charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this ordinance to which the licensee or permittee is subject.

10.213 Revocation of License. The City of Brewton, Alabama, may revoke any license to maintain and operate when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this ordinance. After the correction of such condition and the payment of the penalties imposed by law and assurance given to the city council that such condition will not be repeated, then the city council may issue a new license.

All mobile homes, whether in mobile home parks or on individual lots, whether on wheels or on piers or other type foundation, shall be skirted and maintained to the degree that is compatible with the existing residences and lots in the neighborhood.

Within the R-4 district permitting apartments, townhouses and condominiums the following requirements shall apply:

10.41

No more than eight (8) continuous apartments, townhouses and condominiums per floor shall be built in a row with approximately the same front line.

10.42

No side yard is required except that on corner and interior lots the end of the building in any grouping shall conform to the side yard requirements of the district.

10.43

No more than thirty-five (35) percent of the lot area shall be occupied by buildings.

10.44

Insofar as practicable, off-street parking facilities shall be located under habitable floors of buildings or grouped in bays, either adjacent to streets or in the interior of blocks, and no off-street parking shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve.

10.45

All multifamily developments shall be in compliance with applicable city ordinances and/or health department regulations for public or private water and sanitary sewer systems.

10.46

All other requirements within the district in which the apartments, townhouses or condominiums are located shall prevail.

10.51

Accessory uses. Any use may be established as an accessory use to any permitted principal use in any district provided that such accessory use:

10.511

Is customarily incidental to and is maintained and operated as a part of the principal use;

10.512

Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated;

10.513

Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or pollutants, in a greater amount than customarily created by principal use;

10.514

Is not located in minimum exterior yard; and

10.515

In residential districts an accessory use will conform to the following requirements:

(a)

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore, such requirements applicable to the main building shall apply.

(b)

A detached accessory building shall not be closer than twenty (20) feet to the main building, nor closer than five (5) feet to the lot line.

(c)

A detached accessory building, not more than one (1) story in height, may be constructed on not more than thirty (30) percent of the rear yard.

(d)

No detached accessory building may be located on the front yard of a lot nor on a lot by itself.

(e)

Permanent attached or detached accessory structures less than one-third the area of the principal residence may be used for living quarters provided such structures do not contain kitchen facilities. Such accessory residences may also be constructed above a garage or other storage building provided they do not exceed the height limitation for the zoning district in which they are located.

(f)

Non-permanent, temporary, structures as defined in Article VII, Section 9.11 of the Code of Ordinances, City of Brewton shall not be used as habitable space.

10.52

Temporary Buildings. Temporary buildings or mobile type trailers used in conjunction with construction work only, may be permitted in any district and shall be removed immediately upon completion of construction.

10.53

Fall-Out Shelters. Fall-out shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

10.531

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the building inspector.

10.532

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

10.533

A fall-out shelter, underground or aboveground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

10.534

Fall-out shelters may contain or be contained in other structures or may be constructed separately.

10.54

Home Occupations. Home occupations shall be clearly incidental to the 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 occupation 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 condition which would constitute an objectionable use of residentially zoned property.

10.541

Limitations on types of home occupations are as follows:

(a)

Area used for a home occupation shall not exceed twenty (20) percent of the gross floor area in the principal building.

(b)

The home occupation shall be confined entirely to the principal building or to an accessory building or outside storage with the twenty (20) percent of gross floor area applying.

(c)

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 resident family. In no case shall more than two (2) persons be engaged in the home occupation.

(d)

No internal or external addition, alteration, or remodeling of the dwelling is permitted in connection with the home occupation.

(e)

Chemical, mechanical or electrical equipment that creates odors, light, glare, noises, or interference in radio or television reception detectable outside of the dwelling shall be prohibited.

(f)

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, which service shall be the principal use in the home occupation, may be sold on the premises.

(g)

Instruction in music, dancing, and similar subjects shall be limited to two (2) students at a time.

(h)

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

(i)

One (1) professional or announcement sign may be used to identify the customary home occupation. Such sign shall not exceed one and one-half (1½) square feet in area exposed to view and must be mounted flat to the main wall of the principal building. No such sign shall be directly illuminated.

(j)

Customary home occupations shall not include the following:

(1)

Uses which do not meet the provisions listed above.

(2)

Automobile and/or body and fender repairing.

(3)

Barber shops and beauty parlors.

(4)

Food handling on a large-scale basis, processing or packing.

(5)

Repair, manufacturing and processing uses; however, this shall not exclude the home occupation of a dressmaker where goods are not manufactured for stock, sale or distribution.

(6)

Restaurants.

(7)

Uses which entail the harboring, training, raising or treatment of dogs, cats, birds, or other animals.

10.55

Satellite Receiving Dishes. Satellite receiving dishes are permitted accessory uses in any district, provided they comply with set back, height, and other standards of this ordinance. In any district the dish antenna shall be located to the rear of the front building line and must be setback ten (10) feet from any interior or rear lot line. Special setbacks indicated herein apply on corner lots. The dish antenna together with the principal building and accessory building may not exceed the maximum lot coverage permitted in the district in which it is located. In residential districts where the antenna is detached from the main building, its maximum height may not exceed fifteen (15) feet. When roof mounted, it must conform to the zoning district's height limits and its installation must be checked for safety by the building inspector. Installation and construction must also comply with the building code. No form of advertising or identification is allowed on the dish or framework other than manufacturer's small identification plates.

10.56

Radio and TV Antennas. Private radio and TV antennas for individual homes or for amateur use are permitted as accessory structures in any district and may be placed on roofs or in rear or side yards so that they do not occupy more than fifty (50) percent of said yard, nor come closer than five (5) feet to any right-of-way or property line. Antennas in excess of the normal height limitations for the district in which they are located are subject to approval and permit by the building inspector. Said permit shall include a clause that shall indemnify, hold harmless and protect the city against any and all liabilities that may result from the erection and use of such radio and TV antennas. Antennas must be properly constructed in compliance with the requirements of the Federal Communications Commission (FCC), the American Radio Relay League, Inc. (ARRL), or equivalent standards and good engineering practices as determined by the city engineer.

(Ord. No. 20-0727-1, 7-27-2020)

Within the districts permitting automobile service stations, the following requirements shall apply:

10.62 Site Requirements. An automobile service station shall have a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum lot area of twenty-three thousand (23,000) square feet. All buildings shall be set back forty (40) feet from all street right-of-way lines, fifty (50) feet for major arterials, and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

10.63 Access to Site. Vehicular entrances or exits at an automobile service station:

10.631 Shall not be provided with more than two (2) curb cuts for the first one hundred twenty (120) feet of street frontage or fraction thereof.

10.632 Shall contain an access width along the curb line of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than ten (10) feet to the adjoining property.

10.633 Shall not have any two (2) driveways, or curb cuts, any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street.

10.64 Gasoline Pump Islands. All gasoline pump islands shall be set back at least fifteen (15) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line, and where pump islands are constructed perpendicular to the right-of-way line, they shall also be at least fifteen (15) feet from the right-of-way. However, the pumps shall be at least sixty (60) feet from the centerline of an arterial street, fifty-five (55) feet from the centerline of a collector street and forty-five (45) feet from the centerline of other streets.

10.65 Off-Street Parking. A minimum of two (2) off-street parking spaces are required with an additional off-street parking space for each lubrication or wash bay.

10.66 Other Site Improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

10.661 A raised curb of at least six (6) inches in height shall be erected along the street property lines, except for driveway openings.

10.662 A solid fence or wall not less than six (6) feet nor more than eight (8) feet in height plus a hedge or shrubbery screen shall be erected along all adjacent property lines facing any adjacent residential lot.

10.663 Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

10.664 Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

10.665 All driving, parking storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

10.67 Storage of Flammable Products. Outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gases shall be restricted to the requirements set forth in this ordinance and state regulations.

(Ord. No. 99-1026, § 3, 10-26-99)

Editor's note— Ord. No. 99-1026, § 3, adopted Oct. 26, 1999, deleted entirely § 10.61 which pertained to automobile service stations; location and derived from Ord. No. 92-0414, adopted July 14, 1992.

The provisions of this section, furthering the purpose stated in Article I, shall govern the location, size, setback, height, and other standards of signs in each of the use districts established in this ordinance in order to ensure safe construction, light, air, and open space, to reduce hazards at intersections, to promote public safety by eliminating confusing, distracting and unsafe signs, to prevent the accumulation of trash, to protect property values of the entire community, and to require a positive visual environment in harmony with the natural beauty of Brewton.

10.70 Purpose. The purpose of this section is to achieve balance among the following differing, and at times, competing goals:

10.701 To encourage the effective use of signs as a means of communication for businesses, organizations and individuals in the City of Brewton;

10.702 To provide a means of way-finding in the city, thus reducing traffic congestion;

10.703 To provide for adequate business identification, advertising and communication;

10.704 To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the City of Brewton;

10.705 To protect the safety and welfare of the public by minimizing hazards to pedestrian and vehicular traffic;

10.706 To preserve property values by preventing unsightly and chaotic development which has a blighting influence on the community;

10.707 To differentiate among those signs that, because of their location, may distract drivers on public streets and those that may provide information to them while they remain in their cars but out of active traffic;

10.708 To minimize the possible adverse effects of signs on nearby public and private property; and

10.709 To implement the goals and objectives of the comprehensive plan.

10.71 General provisions. The following shall apply:

10.711 Sign permits

10.7111 Permit required. No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated, until a permit has been issued by the building inspector.

10.7112 Permit application.

10.71121 Generally. Before any permit shall be issued, an application on official city forms, which shall indemnify and hold harmless the City of Brewton for all damages, demands, or expenses of every character which may in any manner be caused by the erection and use of said sign or sign structure, shall be filed together with such drawings and specifications as may be necessary to fully advise and acquaint the building inspector with the location, size, construction materials, manner of illuminating, and securing or fastening, and number of signs applied for.

10.71122

10.71123 Building code; Wind loads. A sign which is subject to the building code in effect in the city at the time of construction shall be constructed only in conformance with such building code. Each detached sign with a sign area larger than twenty-five (25) square feet shall be designed to withstand sustained wind loads of at least one hundred (100) miles per hour or such greater load as may be specified by the building code then in effect

10.71124 Electrical permits. All signs which are electrically illuminated by neon or by any other means shall require a separate electrical permit and inspection. Each sign requiring a permit shall be clearly marked with the permit number and the name of the person or firm placing the sign on the premises. The absence of a proper ID tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of this ordinance.

10.71125 Supplemental material for electronic changeable copy signs. Any application for a sign that will include an electronic changeable copy portion shall include an express representation as to how frequently the message on the proposed sign will change, and how the frequency will be controlled. If a permit is issued for a changeable copy sign, it shall be deemed to have been issued on the express condition that the sign will be operated in conformance with the representation on the application regarding the frequency of changes. If the message on the proposed sign will change more frequently than one time per minute, the application shall include a certification from a surveyor or professional engineer licensed by the State of Alabama that no part of the proposed sign will be located within eight hundred (800) feet of any existing changeable copy sign or changeable copy sign for which a permit has been issued, on which the message also changes more frequently than one (1) time per minute; the certification shall include a drawing showing the location of any existing or permitted electronically changeable copy signs (regardless of the frequency with which the message changes) located within one thousand (1,000) feet of the site of the proposed changeable copy sign. The supplemental application materials of this paragraph 10.7724 shall not affect a permit application for a sign that includes a changeable copy feature on which the copy can only be changed by the physical replacement of letters, numbers or other symbols.

10.7126. Supplemental materials for a sign with multiple panels to contain multiple messages. An application for a permit for a sign that will contain multiple panels or sections for the display of separate messages shall include a set of design standards which shall ensure that the separate panels or elements of the sign conform with at least two (2) of the following standards: (1) use of the same background color and two (2) other colors, which shall be the same on all panels or elements; (2) use of the same proportions for the panels: (3) use of the same proportions for the message within the panel; and/or (4) use of the same type face or font. The design standards may be amended by the sign owner at any time by filing an application for a permit under this section, provided that any amended set of design standards shall include a schedule to bring all panels and elements of the sign into conformance with the new standards within a period of not more than twelve (12) months from the date of issuance of the permit.

10.7113 Application completeness. The applicant shall be notified in writing within three (3) business days if an application is complete, and, if it is not complete, what additional information is needed.

10.7114 Review of application. A complete application shall be reviewed and a decision rendered within five (5) business days of its submission. If an application is denied, the reasons for denial shall be stated in writing.

10.7115 Expiration. A sign permit shall be null and void if the sign for which the permit was issued has not been completed and erected within a period of six (6) months from the date of issuance of the permit.

10.712 Any permitted sign shall be subject to the size and height limitations imposed by this ordinance for the use district in which said sign is located, except as otherwise provided herein.

10.713 No sign or sign structure shall be placed upon any street or highway right-of-way except as otherwise provided herein.

10.714 No portion of a sign shall obscure visibility between a height of three (3) feet and ten (10) feet within an area defined by a triangle extending from a street intersection by a distance of twenty-five (25) feet from the corner along the curb line of each street, with the third side of the triangle formed by connecting the other two (2) legs of the triangle.

10.715 No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form or character it may obstruct, impair, obscure, interfere with the view of, or may be confused with any authorized traffic sign, signal or device, or interfere with, confuse, or disrupt traffic safety or flow.

10.716 No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.

10.717 No portion of any projecting sign shall be less than eight (8) feet above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than fifteen (15) feet above the level of a public driveway, alley or street.

10.72 Nonconforming signs. Any sign in existence on the date of adoption of this ordinance that is not in conformance with the requirements of this ordinance shall be considered a nonconforming sign and shall be permitted to continue to exist subject to the following conditions:

10.721 No nonconforming billboard shall be changed or altered in any manner which would increase the degree of its nonconformity, increase its size, or prolong its useful life. Replacing any part of the support structure of the sign shall be considered as prolonging its useful life. No nonconforming billboard which has been removed or has become dilapidated or damaged to the extent that repair of the sign requires replacement of any part of its support structure shall be replaced, except that this sentence shall not prevent the issuance of a permit for a conforming sign at the same location as the former nonconforming sign.

10.722 No permits for additional signs shall be issued for any premises on which there are nonconforming signs, except that such a permit may be issued subject to the condition that the nonconforming sign(s) will be brought into conformance with the provisions of this section 10.7 as part of the work under the permit. No permit shall be issued for any permitted sign for any premises on which there exists an off-premises sign or billboard unless the off-premises sign or billboard is first permanently removed.

10.723 Any nonconforming sign prohibited under section 10.74 of this ordinance shall be removed or made to conform within ninety (90) days of the date of adoption of this ordinance.

10.724 The board of adjustment may, in special cases and for good reason, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary or unique hardship, permit the erection of a sign not in conformance with the requirements of this ordinance, and at its discretion, may require the posting of a bond in sufficient amount to protect the city against all liabilities that may result from the erection and use of such sign. A variance for a sign shall not affect the size of the sign but may allow for a reduced setback or greater height than otherwise permitted to provide reasonable visibility to a sign that would otherwise not be visible due to topographic or other physical conditions affecting the site and not under the control of the applicant for the variance.

10.725 No permits for additional signs shall be issued for any premises on which there are nonconforming signs, except that such a permit may be issued subject to the condition that the nonconforming sign(s) be brought into conformance with the provisions of this ordinance as part of the work performed under the permit.

10.73 Exemptions

10.731 Exempt signs. The following signs are entirely exempt from this ordinance.

10.7311 Any sign located entirely inside a building and not visible from the public right-of-way or from property other than the property on which the sign is located.

10.7312 Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation.

10.732 Partially exempt signs. The following signs may be erected or constructed without a permit, but may be subject to additional regulations under this section. Where a sign is erected pursuant to a state statute or a court order, the sign may exceed the size standards of this ordinance or otherwise deviate from the standards set forth in this ordinance to the extent that the statute or court order expressly required the larger size or other deviation. In all other respects, such signs shall conform to the standards of this ordinance:

10.7321 Signs conforming to the Alabama Manual of Uniform Traffic Control Devices and bearing no commercial message;

10.7322 Signs installed by employees or officials of a state or federal agency in the course of their governmental duties and bearing no commercial message;

10.7323 Signs required by a state or federal statute;

10.7324 Signs required by an order of a court of competent jurisdiction;

10.7325 Signs installed by public utilities in their rights-of-way or on their facilities and bearing no commercial message other than such message is necessary to identify the use; and

10.7326 Signs installed by a transit company with a franchise or other right to operate in the City of Brewton, where such signs are installed along its routes and relate to schedules or other information about the transit route.

10.733 Signs allowed without a permit. The following signs shall be exempt from the permit requirements of this ordinance but shall be subject to all other standards of this ordinance:

10.7331 Signs installed by employees or officials of the City of Brewton that do not fall under one (1) of the broader exemptions of this section;

10.7332 Detached signs smaller than two (2) square feet in area and less than four (4) feet in height, and containing no commercial message;

10.7333 Wall signs smaller than two (2) square feet in area and containing no commercial message;

10.7334 Window signs permitted by this ordinance, where such signs are not illuminated or otherwise electrified;

10.7335 Permanent signs smaller than seven (7) square feet and permitted in single-family residential districts;

10.7336 Any sign not legible from a public right-of-way or property other than the lot on which the sign is located;

10.7337 Routine maintenance of any sign, not involving structural changes to the sign;

10.7338 Changes of message, either manually or electronically, on an electronic message sign or changeable copy sign, subject to limitations of this ordinance on the frequency of message changes; and

10.7339 Changes of sign panels or letters that do not involve structural changes to the sign, subject to the design standards of paragraph 10.77224, where applicable.

10.74 Signs prohibited in all districts. The following signs are prohibited in all districts:

10.741 Any sign erected or painted upon a fence, tree, standpipe, rock, or other natural feature.

10.742 Any sign attached to or painted on a fire escape or utility pole, except the manufacturer's or installer's ID plate which shall not be legible from a distance of more than three (3) feet.

10.743 Any sign which uses a word such as "Stop" or "Danger" prominently displayed and/or which is a copy or imitation of official traffic control signs except where such words are a part of an attraction title for a theater or other similar event or purpose.

10.744 Signs which contain flashing or intermittent illuminations, except as required for traffic control. Changing the copy on a bulletin board, changeable copy or electronic message type sign in conformance with the provisions of paragraph 10.7724 shall not be considered a violation of this section.

10.744 Portable signs except as allowed under sections 10.7725 or 10.7726.

10.745 Signs that produce sound or noise; cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; are animated or produce any rotation, motion or movement. A sign on which the message is changed electronically shall not be considered to be an animated sign or a sign with movement.

10.746 Any new billboard or off-premise sign.

10.75 Maintenance and removal of signs.

10.751 All signs shall be maintained in good condition and appearance. The building inspector, after due notice in writing to the owner, may cause to be removed, at owners' expense, any sign which shows neglect or which is abandoned or which becomes dilapidated or dysfunctional, or where the area for a distance of ten (10) feet around such sign is not kept free of weeds, rubbish, debris, or uncut grass. If within ten (10) days after receipt of the notice, the owner begins efforts to cure the issues that gave rise to the notice and diligently continues such efforts, the city shall take no further action; provided, however, that if the sign which is subject to the notice is a nonconforming billboard that is dilapidated or that requires repairs to or replacement of structural parts, such sign shall be removed and not repaired or replaced.

10.752 Maintenance of nonconforming off-premise signs and billboards shall be subject to the limitations of section 10.721.

10.752 Any sign associated with premises that have been vacated shall be either removed from the premises by the owner or lessee within three (3) months of the time of the vacation, or said sign shall be altered or resurfaced by the owner or lessee within the same time period so that it does not display letters, numerals, symbols, figures, designs, or any other device for visual communication that would pertain to the activity formerly associated with the vacated premises.

10.753 Any sign erected in the public right-of-way or on public property except as allowed under this section 10.7 shall be deemed abandoned and may be removed by the building inspector without notice or compensation to the owner. Removal by the building inspector shall not affect the penalties applicable for the unlawful erection or placement of a sign in the public right-of-way or on public property.

10.754 The erection or maintenance of any sign in violation of this ordinance is a misdemeanor and shall be subject to the penalties set forth in Article XII, section 12.9 of this ordinance.

10.76 Traffic control devices on private property. When the owner of real property allows it to be used by the public for the purpose of vehicular traffic and/or as a public or quasi-public parking lot for the use of customers, tenants or employees of said property, the owner shall erect and maintain all traffic control signs and other devices in accordance with the Alabama Manual on Uniform Traffic Control Devices, and any revisions thereof. In addition, the owner shall meet the requirements of Section 32-5-31(a) of the Code of Alabama, 1975, with respect to local authorities in their respective jurisdictions.

10.77 Permitted signs.

10.771 Signs permitted in residential districts

10.7711 Wall Signs

10.77111 One (1) wall sign, not exceeding one (1) square foot in area, is permitted for each dwelling unit. Such sign may contain a noncommercial message or a commercial message related to an activity lawfully conducted on the premises, including a lawful home occupation. The sign may not be illuminated.

10.77112 For permitted uses other than single-family residences, one (1) wall sign not more than two (2) square feet in area and four (4) feet in height is permitted, provided that such sign contains no commercial message and is not illuminated.

10.7712 Detached signs

10.77121 Each occupied lot in a residential district shall be allowed a total of four (4) detached signs, including not more than one (1) permanent detached sign, and temporary detached signs (up to a total of four (4) detached signs at any time), each not exceeding six (6) square feet in area and not exceeding six (6) feet in height. Such signs may not be illuminated. The permanent sign may not contain a commercial message, and no more than two (2) signs on a lot in a residential district at any one time, including all wall signs, detached signs, temporary signs, and others, may contain a commercial message. The only commercial messages permitted on such signs are messages related to commercial activity lawfully conducted on the premises, including the lawful, occasional sale of personal property (such as through a garage sale or yard sale) or the sale, rental or lease of the premises.

10.77123 Signs related to the sale of personal property shall be removed within twenty-four (24) hours after the end of the sale. Signs related to the sale, lease or rental of the premises shall be removed no later than the date on which the deed, lease or other document representing the transaction is completed. Any such sign may contain any message other than a commercial message. If a message relates to an election or special event, such sign shall be removed within seven (7) days following the conclusion of such election or other event.

10.77124 Additional detached signs, permanent or temporary, of not more than two (2) square feet in area and four (4) feet in height are permitted, provided that such signs contain no commercial message and are not illuminated.

10.7713 Temporary subdivision signs. As a temporary use accessory to the permitted activity of lawful subdivision development, one (1) temporary sign at each principal entrance to a subdivision is permitted. There shall in no case be more than one such sign for each fifty (50) lots in a proposed subdivision. Such sign shall not be illuminated and shall not exceed thirty-two (32) square feet in area. Such sign shall be removed upon the earlier of the following: installation of a permanent neighborhood identification sign; sale of more than ninety (90) percent of the lots in the subdivision; or a period of two (2) years from the date of installation.

10.7714 Permanent entrance signs. Permanent neighborhood, multi-family or mobile home park monument signs, either illuminated or non-illuminated, are permitted. Such signs may include a masonry wall, landscaping or other similar materials or features. Such signs shall be located at the principal entrance(s) to the neighborhood. Such signs shall be approved for a subdivision or neighborhood with multiple property owners only if the applicant provides a written and enforceable commitment for long-term maintenance that is acceptable in form and substance to the city engineer and the city attorney. Such a sign may not be erected in the sight triangle as defined in section 10.714. Such signs may not exceed fifty (50) square feet in area per face, two (2) faces, and six (6) feet in height.

10.7715 Institutional signs

10.77151 Any school, house of worship, recreation center or other institutional use permitted in the zoning district may have one detached sign, not to exceed seventy-five (75) square feet in area. This may include changeable copy signs, not to exceed thirty (30) percent of the sign area. Such signs may be illuminated and may not be located closer than ten (10) feet from the pavement edge or edge of a street, nor within the sight triangle defined by section 10.714.

10.77152 Each such use shall also be allowed one sign for each public entrance to the institutional use; such wall signs shall not exceed four (4) square feet each and shall not be illuminated.

10.7716 Traffic control signs. Signs conforming with the Alabama Manual of Uniform Traffic Control Devices and containing no commercial message are permitted in required off-street parking areas.

10.772 Signs permitted in business and industrial districts

10.7721 Messages

10.77211 Any sign in this district may bear any noncommercial message or a commercial message other than an off-premise message.

10.77212 For purposes of this section, a message advertising the property on which it is located, or any part thereof, for sale, rent or lease shall not be considered an off-premise message.

10.7722 Permanent detached signs

10.77221 The permanent detached signs allowed under this section shall be allowed only on zone lots or other premises on which there is a building which is not a residence, which is occupied or which can be occupied under local codes, and which has a floor area of at least one hundred fifty (150) square feet.

10.77222 In the B-1 and B-H Districts, there shall be a maximum of one (1) detached sign per street frontage; said sign shall not exceed thirty (30) square feet in area or ten (10) feet in height.

10.77223 In the B-2, B-3, M-1 and M-2 Districts, there shall be a maximum of one (1) detached sign per street frontage, plus one (1) additional detached sign for any premises with a lot line abutting a public street totaling more than one thousand (1,000) feet in length; such signs shall not exceed seventy-five (75) square feet in area or twenty-one (21) feet in height.

10.77224 In the B-2, B-3, M-1 and M-2 Districts, the detached sign may contain multiple separate panels or elements to contain separate messages, subject to the following standards:

(a)

The sign owner shall maintain on file with the building official at all times a set of design standards which shall ensure that the separate panels or elements of the sign conform with at least two (2) of the following standards: (1) use of the same background color and two (2) other colors, which shall be the same on all panels or elements; (2) use of the same proportions for the panels: (3) use of the same proportions for the message within the panel; and/or (4) use of the same type face or font.

(b)

Replacement panels shall conform with the design standards on file with the building official.

10.77225 In all business and industrial districts, detached signs not more than four (4) square feet in area and four (4) feet in height are permitted, provided that such signs are not illuminated and contain no commercial message.

10.7723

Permanent Wall Signs. In the B-1, B-2, B-3, M-1 and M-2 Districts, wall signs are permitted according to the following standards:

10.77231

The size of all wall signs for an establishment shall not exceed the lesser of three hundred (300) square feet or twenty percent (20%) of the building wall to which the sign is attached.

10.77232

Signs mounted on mansards, marquees and awnings are deemed to be wall signs.

10.77233

For an establishment that is the sole occupant of a principal building, signs shall be allowed on no more than three (3) walls.

10.77234

In a shopping center or other multi-tenant building, each establishment with an exterior entrance used by the general public shall be allowed to have wall signs on the wall with such entrance.

10.77235

In a shopping center, office building or other multi-tenant building occupied by one (1) or more establishments without exterior entrances used by the general public, wall signs conforming with this subsection shall be allowed on one (1) wall, in addition to allowed for individual establishments with exterior entrances.

10.77236

In addition to other permitted wall signs, wall signs not more than two (2) square feet are permitted, provided that such signs are not illuminated and contain no commercial message.

10.7724 Changeable copy signs. Any permitted sign may include or consist entirely of changeable copy area. Copy in such area may be changed by a human. In the B-3 district only, such copy may also be changed electronically. Any changeable copy sign which will change its message more often than one (1) time per minute shall be located at least eight hundred (800) feet from the nearest portion of any other existing sign or sign for which a permit has been issued and remains valid if such sign also changes or will change its message more often than one (1) time per minute. The burden of proof of the separation distance shall be on the applicant.

10.7725 Window signs. In the B-1, B-H and B-2 districts, any establishment with windows on the first floor may display window signs covering not more than twenty-five (25) percent of the window area, provided that no such sign shall be illuminated or legible at a distance of more than six (6) feet.

10.7726 Temporary Signs.

10.77261 A temporary sign will be permitted on each premises for a new business or a business starting in a new location where the premises is without a permitted permanent sign. The temporary sign shall not exceed thirty-two (32) square feet in area or ten (10) feet in height, and may not be separately illuminated. Such sign shall be removed upon the earlier of the following: the expiration of sixty (60) days from the date of installation; or the mounting or installation of a permanent sign permitted by this ordinance.

10.77262 A combination of temporary decorative signs, pennants, banners, streamers, bunting, flying paraphernalia, and tethered inflatable signs may be permitted to a premises owner for no more than seven (7) continuous calendar days in any six-month period.

10.77263 In addition to all other signs permitted, each premises in the business and industrial districts shall be allowed one (1) temporary detached sign, which shall not exceed sixteen (16) square feet in area or eight (8) feet in height, shall not be illuminated, shall not be installed in the sight triangle area defined by section 10.714, and shall not contain any commercial message.

10.7727

Sandwich Board Signs.

10.77271

Sandwich Board Signs shall be permitted in the B-1 Business District and B-H Historical Business District, subject to the standards of this paragraph 10.7727;

10.77272

There shall be no more than two (2) such signs per business establishment;

10.77273

Corner lot businesses can use no more than one (1) such sign for each corner of the business with a street. A business that is not a corner business shall use no more than one (1) such sign on the front side of the business and rear side of the business and each sign must be within ten (10) feet of the entrance on the side it is located;

10.77274

Such signs may contain commercial messages related to goods and services offered at the business establishment or noncommercial messages;

10.77275

One (1) side of the sign shall not exceed five (5) square feet in area, and there shall not be more than two (2) sides to such a sign;

10.77276

The signs shall be taken inside the establishment when the business closes each night or at 9:00 p.m., whichever is earlier, and shall not be placed outside again until 7:00 a.m. or when the business opens each morning, whichever is later. Three (3) or more violations of this provision during any sixty-day period shall be grounds for the City to suspend or revoke the right of the violator to have a sandwich board sign; and

10.77277

The signs shall not block any required exit from a building and shall not impair movement on the sidewalk by persons on foot, with walkers, in wheelchairs or in strollers.

10.7729 Traffic control signs. Signs conforming with the Alabama Manual of Uniform Traffic Control Devices and containing no commercial message are permitted in parking areas.

10.78. Flags. The display of flags in the city is expressly permitted, subject to the following standards and conditions:

10.781 Residential districts. Flags and flagpoles shall be allowed in accordance with the following standards in residential districts for residential and permitted institutional uses in such districts:

10.8011 There shall be no more than one (1) flagpole on a lot;

10.8012 No flag shall bear a commercial message; and

10.8013 No flagpole shall exceed twenty (20) feet in height.

10.782 Business and industrial districts. Flags and flagpoles shall be allowed in accordance with the following standards business and industrial districts for permitted non-residential and industrial uses:

10.8021 There shall be no more than three (3) flagpoles per principal building on any development site;

10.8022 Each flagpole must be within thirty (30) feet of the principal entrance to the building to which it is oriented;

10.8023 No flag may contain a commercial message; and

10.8024 No flagpole in a nonresidential district shall exceed thirty (30) feet in height.

10.783 Conditions applicable in all zoning districts. The following conditions shall apply to the display of flags in all zoning districts:

10.8031 A flagpole shall be set back at least five (5) feet from any property line; and

10.8032 No rooftop flagpoles shall be permitted in any zoning district.

10.79 Substitution of message. Any sign allowed under this section or a predecessor ordinance, by sign permit, by conditional use permit, or by variance, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area, and other requirements of this ordinance.

10.79A Severability.

10.79A1 Generally. If any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section, except as limited by the following paragraphs of this sub-section.

10.79A2 Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in paragraph 10.79A1 of this section or elsewhere in this section of this Code, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section is declared unconstitutional, the finding shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

10.79A3 Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in paragraph 10.79A2 of this subsection, or elsewhere in this section or in this Code, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under subsection 10.74. Furthermore, if any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of section 10.7 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of section 10.7, except as expressly provided in this subsection 10.79A.

10.79A4 Severability of regulations on billboards. If any part, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section and/or an other provisions of the zoning ordinance or this Code are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the limitations on billboards as contained herein.

(Ord. No. 2000-0222, 2-22-2000; Ord. No. 02-0409-1, 4-9-2002; Ord. No. 08-0226, § 2, 3-11-2008; Ord. No. 13-1014, 10-14-2013; Ord. No. 13-1014-1, 10-14-2013)

Editor's note— At the city's instruction Ord. No. 08-0226, § 2, adopted Mar. 11, 2008 numbering will be numbered as ordinance.

Within the districts permitting cemeteries, the following requirements shall apply:

10.81 The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

10.82 Any new cemetery shall be located on a site containing not less than twenty (20) acres.

10.83 All structures shall be set back no less than twenty-five (25) feet from any property line or minor street right-of-way.

10.84 All graves or burial lots shall be set back not less than twenty-five (25) feet from any property line or minor street right-of-way lines, and not less than fifty (50) feet from any collector or arterial street.

10.85 The entire cemetery property shall be landscaped and maintained.

10.86 An application must be made to the board of adjustment for any extension of existing cemeteries.

10.91 General. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use set forth or as otherwise provided in this ordinance.

10.911 The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

10.912 Areas reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the planning commission.

10.913 Off-street parking existing on the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

10.914 For existing commercial uses in any business district and other similar areas desiring to expand but unable for good and sufficient reason to provide parking at the standard required in the following schedule, the board of adjustment may grant relaxation of the strict application of these requirements on appeal, subject to the regulations governing appeals and variances.

10.92 Parking Decks. Where business and multifamily unit developments require large numbers of parking spaces, such spaces may be accommodated in parking decks provided that no such parking deck shall exceed three (3) levels above ground or twenty-five (25) percent of the height of the principal structure, whichever is greater.

10.921 Parking deck design shall be compatible with the design of the principal structure. Parking deck plans must be submitted together with the building site plan and must be approved by the city engineer and the planning commission.

10.922 Required landscaping and additional parking, if required, shall be provided at ground level around the parking deck and principal structure so that the entire development is aesthetically pleasing. In no case shall the ratio of impervious surface to open space exceed one point five (1.5).

10.93 Off-Street Parking Schedule For Various Land Uses.

10.94 Design Standards and Improvement Requirements.

10.941 Definition. Any off-street parking space is an all-weather surfaced area not in a street or alley and having an area of not less than one hundred seventy-one (171) square feet and minimum dimensions of nine (9) feet by nineteen (19) feet (parking areas may include spaces eight (8) feet by eighteen (18) feet for small cars provided that not more than thirty (30) percent of the spaces in a parking area shall be for small cars), exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by an all-weather surfaced driveway which affords unobstructed ingress and egress to each space.

10.942 Permit. A parking area permit approved by the building inspector shall be required for any parking area with a design capacity for six (6) or more vehicles.

10.943 Parking area dimensions. The design and dimensions of the parking area shall be in accordance with the following dimensions table:

10.944 Width of two-way access driveways. The minimum width of two-way access driveways within parking areas shall be twenty-four (24) feet.

10.945 Paving standards. Parking spaces and driveways shall be paved to standards established by the City of Brewton.

10.946 Drainage. Off-street parking facilities shall be drained to prevent damage to abutting property and streets and to prevent pollutants from draining onto the adjacent lots. Landscaped areas and perimeter areas shall be so graded as to receive a reasonable portion of the rainfall from the surrounding pavement. Protective curbing around landscaped areas will leave openings for the flow of water onto unpaved areas.

10.95 Landscaping. The design and appearance of parking areas is intended to be compatible with the character of the community. Toward this objective the following standards shall be observed in the construction of off-street parking areas accommodating six (6) or more parking spaces.

10.951 At least ten (10) percent of the total interior area intended for off-street parking shall be suitably landscaped;

10.952 Such landscaping to include the placement of shade trees at intervals of approximately twelve (12) parking spaces; such trees shall be a minimum height of eight (8) feet at planting;

10.953 Interior portions of the parking area shall be broken by provision of landscaped islands;

10.954 A maximum of twelve (12) parking spaces in a row will be permitted without an island;

10.955 Each separate landscaped area must be a minimum of twenty-five (25) square feet if it is to be counted toward the minimum landscaped area requirements;

10.956 Landscaped areas shall be protected from vehicular encroachment by the use of curbing or wheel stops;

10.957 The owner, tenant and/or agent, if any, shall be jointly and severally responsible for watering and maintaining all landscaping in a healthy, neat, and orderly condition, replacing it when necessary, and keeping it free of refuse and debris.

10.96 Off-Street Loading and Unloading Space. Off-street loading/unloading spaces shall be provided as hereinafter required by this ordinance.

10.961 Size of spaces. Each off-street loading/unloading space shall have minimum dimensions of fourteen (14) feet in height, twelve (12) feet in width, and fifty-five (55) feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the planning commission may reduce the minimum length accordingly to as little as thirty-five (35) feet.

10.962 Connection to street or alley. Each required off-street loading/unloading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks.

10.963 Floor area over 10,000 square feet. There shall be provided for each hospital, institution, hotel, commercial, or industrial building or similar use requiring the receipt or distribution of materials or merchandise and having a floor area of more than ten thousand (10,000) square feet, at least one (1) off-street loading/unloading space for each ten thousand (10,000) square feet of floor space or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

10.964 Floor area less than ten thousand (10,000) square feet. There shall be provided for each commercial or industrial building requiring the receipt or distribution of materials or merchandise and having a floor area of less than ten thousand (10,000) square feet, sufficient off-street loading/unloading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

10.965 Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

10.966 Location. All required off-street loading/unloading spaces shall be located on the same lot as the building which they are intended to serve, or an adjacent lot when shared with the use occupying said adjacent lot.

10.967 Permanent reservation. Areas reserved for off-street loading/unloading in accordance with the requirement of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified except where equivalent loading/unloading space is provided and approved by planning commission.

10.97 Off-Street Parking, Loading/Unloading Spaces for Mini-warehouses.

10.971 All one-way driveways shall provide for one (1) ten-foot travel lane. Traffic direction and parking shall be designated by signing or painting.

10.972 All two-way driveways shall provide for one (1) 10-foot parking lane and two (2) twelve-foot travel lanes.

10.973 Whenever applicable, two (2) parking spaces shall be provided for the manager's quarters plus one (1) additional space for every twenty-five (25) storage cubicles to be located at the project office for use of clients.

10.98 Controlling Curb Cuts; Vision Clearance. The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

10.981 Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than fifty (50) feet to other curb cuts or closer than fifty (50) feet to any intersection of two (2) streets measured along the curb line.

10.982 Vision clearance. In all use districts, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of two and one-half (2½) and ten (10) feet from the street level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of a street intersection with a railroad line.

10.99 Storage and Parking of Trailers and Commercial Vehicles.

10.991 Small commercial vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

(a)

No more than one (1) small commercial vehicle per dwelling shall be permitted; and in no case shall any commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted nor shall tractor trailer rigs or tractors alone be permitted.

(b)

Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or stored behind the front building setback line.

(c)

A travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a trailer park authorized under this ordinance.

(d)

A junked vehicle, or one that cannot be moved under its own power, shall not be permitted to be located on or near lots with dwelling units. These junked autos shall be confined to junk yards.

The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following condition is met:

10.101 Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with the following table (exclusive of storage of finished products in original sealed containers).

TOTAL CAPACITY OF FLAMMABLE MATERIALS
PERMITTED—GALLONS*

*When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed three hundred (300) times the quantities listed above.

No operation shall discharge, or cause to be discharged, liquid or solid waste into public waters unless in conformance with the provisions of the Alabama Department of Environmental Management and the Alabama State Board of Health Statutes and any regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the county health department and appropriate permitting agency.

10.111 The user shall be responsible for meeting the above standards and shall on reasonable request supply the city/county/state/federal or other permitting authority with the information necessary to determine if the standards are being met.