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Brewton City Zoning Code

ARTICLE IX.

ZONING DISTRICT REQUIREMENTS

The following limitations and requirements are placed on uses in each district established by this ordinance, in accordance with the intent of this ordinance.


9.1 - General residential district requirements.

The following provisions apply, unless provided for elsewhere in this ordinance, to all residential districts:

9.11 Uses Permitted. Customary accessory structures; satellite receiving dishes, gardens, playgrounds, parks; public buildings including schools and libraries; agriculture or farming, including horticulture. Home occupations as defined in Article X, section 10.54.

9.12 Uses Permitted by Special Exception. Certain public and semi-public uses are essential and desirable for the general convenience and welfare but may not fit compatibly within residential neighborhoods. The following public and semi-public uses may be permitted within residential districts by special exception when it is established through site plan review that the location, design, and proposed activities will not adversely affect the public health, safety, morals, and general welfare of the surrounding neighborhood. Uses permitted by special exception in residential districts are:

9.121 Plant nurseries, market gardening, field crops and orchards.

9.122 Church schools and private or parochial elementary and high schools having a curriculum approximately the same as ordinarily given in public elementary and high schools and meeting all standards of the state board of education for instruction and site size.

9.123 Churches, synagogues, and other places of worship including parish houses, rectories, and other facilities normally incidental to places of worship but excluding funeral homes.

9.124 Cultural activities not carried on as a gainful business, including art galleries, libraries, and museums.

9.125 Convalescent and nursing homes for the aged.

9.126 Recreation facilities, country clubs, community centers, and clubs drawing substantial numbers of users from the immediate neighborhood in which they are located, excluding residential accommodations and any activity carried on as a gainful business other than incidental concessions.

9.13 Uses Prohibited. Any use not permitted or permitted by special exception except as otherwise determined under section 9.27; commercial and industrial uses such as garages, repair or storage yards, warehouses, buildings used as correctional institutions, and industrial type operations of any kind.

9.14 Requirements for Lot Area, Lot Width, Coverage and Other Factors.

9.141 Public and semi-public buildings.

(a)

Minimum lot area and lot width. None specified only that the lot be large enough to provide the yards specified herein.

(b)

Yard regulations.

(1)

Front yard. Each lot shall provide a front yard with a minimum depth of forty (40) feet.

(2)

Side yard. Each lot shall have a side yard of a minimum of thirty-five (35) feet on each side.

(3)

Rear yard. Each lot shall have a rear yard with a minimum depth of thirty-five (35) feet.

(c)

Maximum building height. No structure shall exceed a height of thirty-five (35) feet, except a church may have a maximum height of fifty (50) feet, provided that one (1) foot shall be added to all minimum yard requirements for each additional foot of height in excess of thirty-five (35) feet. (Does not apply to church sanctuary.)

(d)

Maximum building coverage. The maximum land covered by a building shall be fifty (50) percent of the total lot area; a minimum of twenty (20) percent of the lot area shall be maintained as a landscaped open area.

9.142 Accessory buildings.

(a)

Minimum lot area and lot width. None specified, only that the lot be large enough to accommodate the principal building plus the accessory building or buildings and meet the yard and other requirements specified in this ordinance.

(b)

Yard regulations.

(1)

Front yard. Detached accessory buildings shall not be located or extended into the front yard.

(2)

Side yard. Detached accessory buildings shall maintain a side yard of not less than five (5) feet.

(3)

Rear yard. Detached accessory buildings shall maintain a rear yard of not less than five (5) feet.

(c)

Maximum building height. Detached accessory buildings shall not exceed one (1) story or fifteen (15) feet in height.

(d)

Maximum building coverage. None specified, only that the principal building together with accessory buildings must comply with the requirements applicable to maximum building coverage specified in this ordinance.

(e)

Accessory buildings must be compatible with the main structure and with the general character of the neighborhood.

(f)

A detached accessory building shall not be located on a lot by itself.

9.143 Off-street parking regulations. See Requirements, Article X, Section 10.9.

9.2 - Table of permitted uses.

Permitted uses are listed in the Permitted Use Table of this Article.

9.21

Uses by Right. Uses in the Table identified by (R) are permitted by right, subject to the conditions specified in the Table or elsewhere in this Ordinance.

9.22

Uses Requiring Planning Approval. Uses in the Tables identified by (P) are permitted upon approval by the Planning Commission of the location and site plan as being appropriate with regard to transportation, access, water supply, waste disposal, fire and police protection and other public facilities; as not causing undue traffic congestion or creating traffic hazards; and as being in harmony with the orderly and appropriate development of the district in which the use is located.

9.23

Special Exceptions. Uses in the Tables identified by (S) are subject to the same approval of location and site plan as uses requiring planning approval, and, in addition, these uses are subject to approval by the Board of Zoning Adjustment in accordance with the provisions of Article XII, sections 12.3 and 12.4 of this Ordinance.

9.24

Conditional Uses. The nature of these uses is such that when properly regulated, they are appropriate in several zones. In order to bring about the proper integration of these uses into the community's land use pattern, a special set of standards is provided for each use. Conditional uses, as stipulated within the zone district regulations, are permitted only after review and recommendation by the Planning Commission, and approval by the City Council. Conditional Uses identified by (C) in the Tables are subject to the terms of this section and Ordinance.

9.25

Compliance with District Requirements. Any use permitted in any district whether by right, with planning approval, or as a special exception, must comply with the requirements of the district in which it is located unless a Variance from such requirements is specifically requested and approved by the Board of Zoning Adjustment; or unless approved under the Planned Unit Development (PUD) with modification as required by the Planning Commission.

9.251

The review of oil and gas exploration and production activities under the requirements of this Ordinance shall not duplicate the regulatory activities of the Alabama Department of Environmental Management, the Army Corps of Engineers, or the Alabama State Oil and Gas Board. The Planning Commission shall permit oil and gas exploration and production in any zoning district following administrative review and assurance that all required federal and state permits have been obtained and that adequate environmental safeguards and guarantees required under the permits have been addressed.

9.252

Other provisions of this ordinance notwithstanding, any tracts of Farmland under cultivation or pastureland and timberland presently being used for such purposes, may continue to be used for such purposes regardless of the zoning district in which they may be located.

9.26

Any use requiring planning approval is subject to review and approval of the Planning Commission. Each application to the Planning Commission for approval must be accompanied by a site plan prepared by the applicant or his agent. The Planning Commission shall review the application at its next meeting and take into consideration all existing regulations and ordinances of the city as well as recommendations from the zoning administrator, the city engineer, the building inspector, the health officer and any other such local officials. The Planning Commission may approve the use request as is; it may approve it with conditions; or it may deny it.

9.27

Any use permitted by Special Exception is subject to review and approval of the Board of Adjustment. Each application to the Board of Adjustment for approval of a use permitted by Special Exception shall be accompanied by a site plan which shall first be reviewed by the Planning Commission. The Board of Adjustment shall make all information on each case a part of the record of any public hearing held on an application for a Special Exception, prior to making a decision on the application.

9.28

In any case where a requested use is not specifically referred to in the Table of Permitted Uses, section 9.3 of this ordinance, its status shall be determined by the planning commission by reference to the most clearly analogous use or uses that are specifically referred to in the Table of Permitted Uses. When the status of a use has been so determined by the planning commission, such determination shall thereafter have general application to all uses of the same type and shall be added to the Table of Permitted Uses.

9.29

In general, any higher use may be permitted with planning commission approval in a lower use district, but no lower use shall be permitted in a higher use district, except as otherwise noted in the Table of Permitted Uses or where such use exists at the time of enactment of this ordinance, in which case it is subject to the requirements of section 7.3 nonconformance of this ordinance.

Every use in any district shall be conducted entirely within a completely enclosed structure unless expressly exempted from enclosure requirements in this ordinance.

It shall be the responsibility of the owner/developer to show/prove compliance with the requirements of this ordinance.

9.291

A site plan shall be required for all residential projects involving the construction of three (3) or more dwelling units; all commercial structures having floor space in excess of two thousand five hundred (2,500) square feet; all industrial structures having floor space in excess of ten thousand (10,000) square feet; and other uses as required by the planning commission.

9.292

Uses Prohibited. Where any use or analogous use has blank spaces under any zones listed in the headings of the Tables of Permitted Uses, such use is specifically prohibited in such silence.

(Ord. No. 99-1026, § 1, 10-26-99; Ord. No. 13-0909-1, § 1, 9-9-2013)

Sec. 9.3 - Permitted uses and conditions.

TABLE 9.3. PERMITTED USES AND CONDITIONS

Use Districts
R-1R-2R-3R-4R-5B-1B-2B-3B-HM-1M-2
Accessory buildings and uses, including home occupations and home swimming pools, when located on the same lot or parcel as the principal structure or use and customarily incidental thereto, provided the requirements in all pertinent sections of this ordinance are met R R R R R R R R R
Agriculture and related farming operations, including horticulture, plant nurseries, market gardening, field crops, orchards and home gardens S S S S S R R
Air conditioning sales and service R R
Ambulance/EMS service P P R R
Amusement and recreation services: must be so arranged that noise, vibration, lights, and all other possible disturbing aspects are enclosed, screened, or otherwise controlled so that operation of the establishment will not unduly interfere with the use and enjoyment of properties in the surrounding areas:
 Amusement park S S S S S S S
 Amusement arcade, kiddie land S
 Archery range S S
 Baseball batting range S S S S S S S
 Billiard or pool hall R
 Bowling alley S R
 Fairgrounds, circus or carnival S S
 Golf course S S S S S S S
 Golf course, miniature S R R
 Golf driving range S S S S S S S S
 Racquetball or tennis courts, indoor S S S S S P P P P
 Skating rink S R P
 Tennis courts, outdoor; need not be enclosed within a structure S S S S S S P P
 Theatre, indoor S R R
 Theatre, outdoor/drive-in; need not be enclosed within a structure P
Animal clinic/kennels for small animals need not be enclosed within a structure R R
Antique store, not including repairing and refinishing S S S R R R
Antique store, including repairing, restoration and refinishing S S S
Apparel and accessory store R R R
Appliance store R R R
Armory S S S S S R R
Art gallery or museum S S S S S S P R R
Art supplies R R R
Auditoriums, stadiums, coliseums, dance halls, and other such places of public assembly S S S S S R R
Automobile laundry, where the primary function is washing automobiles, but not including trucks or trailers; operations shall be conducted only within a completely enclosed structure, and all wastes shall be discharged directly into the sewer R
Automobile parts sales, except used parts R R
Automobile wrecking and salvage; need not be enclosed within a structure but must be enclosed within a solid fence sufficiently high to obstruct noise and view; chain link or similar open fence may be permitted if a screen planting adequate to obstruct view is provided S
Automobile, travel trailer, camper, farm equipment and implements and mobile home sales (new and used); need not be enclosed within a structure, but any mechanical or body repair must be done entirely within a structure which shall not have any opening, other than a stationary window, within 100 feet of a residential district R
Automobile and truck laundry, including steam cleaning R
Automobile and truck repair garage, mechanical and body; must be conducted in a structure which shall not have any opening, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste materials outside such structures S
Automobile and truck sales and service; but not including commercial wrecking, dismantling, or auto salvage yard; need not be enclosed within a structure provided the unenclosed part shall comply with the requirements for maintenance of off-street facilities R
Automobile sales, new and used R R P
Automobile and truck service station including minor repair, subject to the requirements listed under special provisions, where the primary function is retail sale of gasoline, oil, grease, tires, batteries and accessories and where services are limited to installation of the items sold, washing, polishing, tire changing, greasing and minor repairs, but not including commercial wrecking, dismantling, or auto salvage yard, major mechanical overhauling or body work; fuel pumps need not be enclosed within a structure P P
Bakery, retail R R R
Bakery, wholesale R R
Bank, including drive-in bank R R R R
Barber shop or beauty parlor S R R R
Barber and beauty supplies and equipment sales R R
Bicycle, lawnmower sales, service and repair S R R
Blueprinting and photo stating shop R R R
Boat construction, storage, service and repair, wet and dry, major; need not be enclosed within a structure P
Boat docking only of pleasure boats as an accessory use to a permitted principal use; maximum of 3 slips per unit; boat service is prohibited R R R R R R R
Boat dry storage; pleasure boats having lengths not greater than 31 feet R
Boat sales, accessories and service R
Boat storage, service and repair, minor; a marina for docking pleasure boats and providing services thereto and the occupants thereof, including minor servicing and minor repair to boats while in the water, sale of fuel and supplies, and provision of lodging, food, beverages, and entertainment as accessory uses; may include dry storage in an enclosed structure R
Book store S R R R
Bottling works S
Building materials supply, provided that major storage areas are screened from view and that any machine operations are conducted entirely within an enclosed structure with no opening other than a stationary window within 100 feet of a residential district R
Bus and railroad terminal facilities R R
Business machines sales and service P R R
Business school or college S S S S S S P P R
Butane or other liquefied petroleum gas products storage and sales; need not be enclosed within a structure S
Cabinet or carpenter shop S
Cafes, grills, lunch counter and restaurant, night club, bar, tavern, but not drive-in restaurant R R R
Camera and photographic supply store R R R
Candy, nut and confectionery store S R R R
Canvas products manufacture S
Carting, express, crating hauling, storage S
Catering shop or service S R R R
Cemetery, subject to requirements of the special provisions S S S S S S S S
Churches and related accessory buildings S S S S S R R R R
City hall, police station, fire station, court house, federal office building and similar public building R R R R R R R R
Clay and clay products manufacture; need not be enclosed within a structure S
Clinic, dental, medical or psychiatric for humans S S S S S R R R R
Club or lodge, fraternal, civic, charitable or similar organization, public or private, but not including any such club, lodge or organization, the chief activity of which is a service or product customarily carried on as a business S S S S S S R R R
Club, country club, golf, swimming or tennis club or the like, privately owned and operated community club or association, athletic field, park, recreation area, and similar uses of a recreational nature, provided that no building for such purposes is located within 100 feet of any property line S S S S S P P P
Cold storage plant S
College or university, provided that they are located on a lot fronting on an arterial street or road and that no building is located within 100 feet of any property line S S S S S P P P
College sorority or fraternity house S S S S S P P P
Concrete and concrete products manufacture; need not be enclosed within a structure S
Contractor's storage and yard for vehicles, equipment, materials and supplies; need not be enclosed within a structure but must be enclosed within a solid fence to screen view; chain link or similar open fence may be permitted if a screen planting adequate to obstruct the view is provided R
Convenience store R R
Correctional, detention or penal institution S
Dairy equipment sales S
Dairy products sales R R R
Delicatessen S R R R
Department store R R
Dog pound; need not be enclosed within a structure S
Drive-in restaurant S P R
Drug store S P R R
Dry cleaning shop, including self-service S R R R
Dry goods or fabric store P R R
Dwelling, one-family R R R R P P P P P
Dwelling, two-family R P P P P P
Dwelling, multifamily R P P P P P
Electric power generating plant S
Electric power substation; need not be enclosed within a structure but must be secured by a chain link or similar fence, or raised above ground so as to be inaccessible to unauthorized persons; requires visual screening in most districts P P P P P P P P R
Electric repair shop P R R
Electric supply store P R R
Elevator maintenance service (Office Only) S R
Employee credit union office S S S P R R
Exterminator service office P R R
Farm and garden equipment and supply store R
Farmers' markets P P R
Fix-it shop, including small appliance repair R R R
Fixture sales R R R
Floor covering sales and service R R R
Floral shop S P R R R
Food locker plant including rental of lockers for the storage of food; cutting and packaging of meats and game, but not the slaughtering of animals or fowl R
Food products processing plant S
Food products, wholesale storage and sales S
Freight depot, railway or truck S
Fruit and produce, retail R R R
Fruit store R R R
Funeral home, mortuary or undertaking establishment R
Furniture and home furnishing store, including office furniture and refinishing equipment R R
Furniture repair, including upholstering and refinishing S R
Gas regulator station P P P P P P P P P
Gift shop S R R R
Grocery store, retail R R
Gun sales and repair shop R R R
Gymnasium, commercial P R
Hardware store, retail R R R
Hatchery, poultry or fish S
Heating and plumbing equipment, supplies and service R
Hobby shop and supply store S R R R
Home occupation R R R R R R R R
Hospital, clinic, convalescent or nursing home, extended care facility or sanitarium for humans S S S S S P P P
Hotel, motel, or tourist home S S P P P
Ice cream parlor S R R R
Ice plant S
Industrial park S
Institution for children or the aged, day care S S S S S R R
Interior decorating shop S R R R
Junk yard including storage, baling or sale of rags, paper, iron or junk; need not be enclosed within a structure but must be enclosed within a fence of sufficient height to obstruct view and noises; chain link or similar fence may be permitted if screen planting is provided S S
Kindergarten, playschool or day care center, public or private, provided that all activities are carried on in an enclosed building or fenced yard and that all applicable federal, state and local requirements are met S S S S S P P
Laboratory, scientific S S S S S
Laboratory, medical or dental S R R R R R
Landscape garden sales; need not be enclosed within a structure S S S S
Laundry, self-service S R R R
Laundry and dry cleaning pickup station S R R R
Laundry and dry cleaning plant S S R
Laundry, linen supply or diaper service R R R R
Leather goods or luggage store S R R R
Library R R R R R R R R
Liquor, wine and beer sales not to be consumed on-premises and meeting local and state requirements R R R
Loan office S R R
Locksmith P R R R
Lodging, boarding or rooming houses S S S S
Lumber yard and building materials; need not be enclosed within a structure R R R
Machine shop R R R
Machinery, tools and construction equipment, sales and service S R R
Mail order house S R
Manufacturing, repair, assembly or processing establishments of a light industrial nature, including but not limited to, the following:
 Automobile assembly R
 Clothing and garment manufacturing R R
 Food products processing and packaging R R
 Glass products manufacturing R R
 Laboratories for testing materials, chemical analysis and photographic processing R R R
 Metal products manufacturing R R
 Millwork and similar wood products manufacturing R R
 Musical instrument and parts manufacturing R R
 Paper products manufacturing R R
 Plastics manufacturing R R
 Scientific, optical and electronic equipment assembly and manufacturing R R
 Shipbuilding and repair yard; need not be enclosed within a structure R R
 Souvenirs and novelties manufacturing R R
 Surgical and dental supplies manufacturing R
 Toys, sporting goods and athletic goods manufacturing R R
Marina, minor: see boat storage, service and repair, minor R
Marina, major: see boat construction, storage, service and repair, wet and dry, major; may also include boat sales, accessories and service P
Marine stores and supplies R
Mini-warehouse S R R
Mobile home R
Mobile home park R
Mobile home subdivision R
Modular structure P P P
Motorcycle sales, service and repair R
Music store S R R R
Natural preservation areas including bird and wildlife sanctuaries, nature and hiking trails, outdoor camping sites and similar uses S S S S S R
Newsstand S R R R
Nightclub, bar, tavern and cocktail lounge when separate from restaurant S S S
Nursery
Office buildings, general R R R
Office buildings, professional R R R R
Office equipment and supplies, retail R R R
Oil and gas exploration and production activities S S S S S S S S S S
Optician S P R R R
Outdoor general advertising structure; need not be enclosed within a structure S
Paint and wallpaper store S R R
Painting and decorating contractor S R
Paper supplies, wholesale S
Park or playground including recreation centers; need to be enclosed within a structure P P P P P P P P P
Passenger depot, railway or bus S R
Pawn shop S R
Pet shop S R R
Photographic studio and/or processing P P P P P S S R R
Picture framing and/or mirror silvering S R R
Planned unit development, fixed dwelling P P P P P P P
Planned unit development, mobile home P
Plastic fabrication S
Plumbing shop S
Police substation, including highway patrol P P P P P P P P P
Post office P P P P P P P P P
Printing, blueprinting, bookbinding, photostating, lithographing and publishing establishment P R R
Public utility production and maintenance buildings with proper screening P P
Public utility substation with proper screening P P P P P P P P
Radio and television antenna (amateur) R R R R R R R R
Radio and television station and transmitting tower (commercial) P P
Radio and television sales, service and repair store R R R
Reception hall, banquet hall P P R
Recreational vehicle parks P P P
Reducing, exercise, karate, gymnastic or other body fitness-type salon S R R R
Restaurant S R R R
Restaurant supplies and sales S R
Riding academy; need not be enclosed within a structure S
Roofing and sheet metal shop S
Rooming house and boarding house S S S S R
Rug and/or drapery cleaning service P
Sand and gravel storage yard; need not be enclosed within a structure S S R
Sawmill or planing mill S S R
Schools, public and/or private, elementary and/or secondary meeting the requirements of the education laws of the State of Alabama S S S S S S S S
Seafood store, retail S R R
Sewage disposal plant; need not be enclosed within a structure S
Shoe repair shop S R R R
Shoe store, retail S R R R
Sign shop P R
Specialty food shops R R R
Sporting goods store S R R R
Stone monument sales, retail; may include cutting and processing merchandise sold at retail on the site; need not be enclosed within a structure S R R
Studio for professional work or teaching of fine arts, such as photography, drama, speech, painting S R R R R
Studio for dance or music S R R R R
Surgical or dental supplies retail R R
Tailor shop S R R R R
Tatoo store, artist or parlor P P P P
Taxi dispatching station R R R
Taxi terminal; storage and repair of vehicles R
Taxidermy shop R R
Teen club or youth center S S S S S P R R
Telephone exchange P P P P P P P P P
Telephone equipment storage including shops and garage; need not be enclosed within a structure but must provide adequate screening S R
Temporary uses, including revival tents, sale of Christmas trees, carnivals, sale of seasonal fruit and vegetables from roadside stands, and similar uses, for a period not to exceed 2 months in any calendar year S S S S S S R R
Tires, batteries and other automotive accessories sales establishments R
Tobacco store S R R R
Toy store S R R R
Trade school or college S S S S S S S S
Transit vehicle storage and servicing; need not be enclosed within a structure P R R
Utility company storage facility; need not be enclosed within a structure but must provide adequate screening P R R
Variety store P R R
Veterinary service R P
Warehouse and storage facilities, major P R
Warehouse and storage facilities, minor; minitype do-it-yourself storage facilities P P
Water storage; need not be enclosed within a structure P P P P P P P P P P
Water or sewage pumping station P P P P P P P P P P
Welding shop S R R
Well drilling company S S R
Wireless telecommunication facilities C C C
YMCA, YWCA and similar institutions S S S S S S S S
Zoo; need not be enclosed within a structure S S S

 

(Ord. No. 99-1026, § 2, 10-26-1999; Ord. No. 04-0914-1, § 2, 9-14-2004; Ord. No. 06-0110, 1-10-2006; Ord. No. 06-0214, 2-14-2006; Ord. No. 08-0513, 5-13-2008; Ord. No. 13-0909-1, § 2, 9-9-2013; Ord. No. 14-1208-1, 12-8-2014; Ord. No. 16-0328, 3-28-2016; Ord. No. 19-0211, 2-11-2019; Ord. No. 21-0830-4, 9-13-2021)

9.4 - Requirements for lot area, lot width, coverage, density and other factors.

9.41 The following shall apply in each residential district as listed:

Minimum
Lot
Area
(Sq. Ft.) 		Minimum
Lot
Width
At
Building
Line 		Maximum
Lot
Coverage
(%)O a 		Maximum
Density b
R-A rural, residential and agricultural c c c c
R-1 low density residential
 Single-family 15,000 75 25 2.0
R-2 medium density residential
 Single-family 12,000 75 25 3.5
R-3 limited density multifamily residential
 Single-family 8,000 60 30 4.0
 Two-family 10,000 60 35 8.0
R-4 high density multifamily residential
 Single-family 7,500 60 30 5.5
 Two-family 10,000 60 35 8.0
 Multiple-family 7,500 d 60 35 15.0

 

a  Does not apply to lots of record smaller than required in the district in which they are located.

b  Dwelling units per gross acre to be developed.

c  None specified.

d  For one (1) unit plus two thousand five hundred (2,500) square feet for each additional unit.

9.5 - Minimum setbacks.

The following front, rear and side yard setbacks shall apply in districts as listed, except in planned unit developments:

Front
Yard 		Rear
Yard 		Side
Yard 		Corner Lot
Side Yard
R-A a a a a a a
R-1 35 35 40 10 30 20
R-2 35 35 30 10 30 20
R-3 30 30 30 10 30 20
R-4 30 30 30 b 30 20
R-5 See Article X, section 10.2
B-H 30 20 c c 20 10
B-1 30 20 c c 20 10
B-2 30 20 c c 30 25
B-3 30 20 c c 20 10
M-1 50 30 d d 50 30
M-2 50 30 d d 50 30

 

a—None specified.

b—Ten (10) feet plus two (2) additional feet for each floor above two (2) stories, but not exceeding twenty (20) feet; and when dwelling unit faces side yard, the dwelling unit must not be less than twenty-five (25) feet from the side lot line.

c—None, except it will be five (5) feet if abutting an alley, and when abutting a residential district it shall be not less than twenty (20) feet.

d—None, except it will be five (5) feet if abutting an alley, and when abutting a residential district it shall be not less than fifty (50) feet.

9.6 - Maximum building height.

Except as provided for elsewhere in this ordinance, no structure shall exceed three (3) stories or thirty-six (36) feet in any R-l, R-2, R-3, or R-5 residential district or more than four (4) stories or fifty (50) feet in any R-4, business or industrial district. Structures greater than these height limits may be permitted as special exceptions subject to the approval of the board of adjustment.

9.7 - Performance standards for nonresidential districts.

In all nonresidential districts where facilities are permitted, they shall comply with the following minimum standards:

9.71 Lots shall be of sufficient size to accommodate the intended use, including adequate parking and loading facilities in addition to space required for the conduct of other operations of the business, and to otherwise comply with the provisions of this ordinance.

9.72 Where a business district abuts any part of a residential district, a buffer zone ten (10) feet wide shall be required; where an industrial district abuts any part of a residential or business zone, a buffer zone of twenty (20) feet shall be required. Said buffer zones shall be in addition to the yard requirements and shall be fenced or screened subject to the following regulations:

9.721 Wall or fence. If a wall or fence is provided as a protection buffer, it shall be six (6) feet high and of a construction and a design approved by the planning commission. Said wall or fence shall be maintained in good repair by the owners of the property.

9.722 Screen planting strip. If a screen planting strip is provided as a protection buffer, it shall be at least ten (10) feet in width, shall be planted with materials in sufficient density and of sufficient height (but in no case less than six (6) feet high at the time of planting) to afford protection to the residential or business district from the glare of lights, from blowing papers, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition and in such manner as to accomplish its purpose continuously.

9.73 No primary entrances or exits shall direct traffic into adjacent residential or business districts.

Adequate parking as required in Article X, section 10.9 shall be provided. Adequate space for service and supply vehicles to get in and out or turn around shall also be provided.

9.74 Noise, air pollutants including dust emissions, and surface runoff shall not exceed background levels by more than ten (10) percent.

9.8 - Special exceptions.

More stringent design and landscape standards may be required by the planning commission for special exceptions permitted in any district.

9.9 - Landscaping.

A landscape plan may be required for any development within the City of Brewton, but is mandatory for all multifamily developments including apartments, townhouses, condominiums and planned unit developments, and for all business and industrial developments. Such plan shall be submitted to the building inspector prior to commencing any stripping of land or construction activities. The plan shall clearly show what existing trees, shrubbery and other vegetation will be retained; and what trees, shrubbery and other vegetation will be added to complete the final landscaping of the property. No trees greater than six (6) inches in diameter shall be removed unless it can be shown that the tree is a safety hazard to pedestrians, property or vehicular traffic; that it is diseased or weakened by age, storm, fire or other injury; that it is absolutely necessary to construct proposed improvements without incurring significant additional costs; or that it is necessary for the installation of solar energy equipment. In such case, the developer's landscape plan shall indicate replacement trees at least six (6) feet tall and one (1) inch in diameter for each tree removed and the landscaping plan shall show the placement of the proper number of required new trees. The plan shall include renderings by a landscape architect and any other documentation required by the planning commission.

9.91 All new developments along major arterials shall be set back thirty (30) feet from the right-of-way and shall maintain a minimum of five (5) feet of the required thirty-foot setback as a greenbelt along the entire front width of the property except where curb cuts provide ingress and egress. Said greenbelt shall be planted with trees, shrubs and grass or other ground cover so that an attractive appearance is presented as detailed in the developer's required landscape plan.

9.92 All existing developments along major arterials that presently have no landscaping along the front property line shall present an acceptable landscape plan to the building inspector or comply with the requirements of section 9.91 within three (3) years of the date of adoption of this ordinance.

9.93 A minimum of five (5) feet side and rear landscaping may be required in the landscape plan depending on the topography and arrangement of parking facilities. If required, such areas shall be planted with a combination of trees, shrubs and grass or other ground cover adequate to break the expanse of contiguous parking areas and to present an attractive appearance as determined by the building inspector. Adjacent property owners may jointly agree on the establishment of a common landscaped area between their properties that meets the requirement of this section; provided that such agreement and the planting and maintenance of the common area shall be binding upon both parties and their successors, interests and assigns.

9.94 All new businesses related to car, truck or other vehicle service and repair shall be so designed and constructed that no service or repair bays shall be visible from the roadway on which the building fronts; and so that cars, trucks or other vehicles stored on the premises prior to and after service or repair are properly screened from view. All existing businesses related to car, truck or other vehicle service and repair, regardless of orientation of the service and repair bays, shall have in place within three (3) years of the adoption of this ordinance adequate screening so that cars, trucks or other vehicles stored on the premises prior to and after service or repair are not visible from the roadway.

9.10 - [Compliance requirements.]

Uses in all business districts must comply with all applicable health and safety standards, including sanitary facilities, paved and landscaped parking areas, and other requirements of this ordinance and of state and federal regulations.

9.11 - Nonpermanent structures.

Nonpermanent structures, including but not limited to, trailers, sheds, mobile homes, commercial cargo/storage containers and other structures not attached to a permanent foundation, that are used for business purposes may be permitted in business districts on a temporary basis pending construction of a fixed dwelling with a permanent foundation in compliance with all related Building Code requirements. Said nonpermanent structures may be permitted for three-month periods, renewable upon written request from the business owner, up to a maximum of one (1) year. Such nonpermanent structures shall be used solely by the resident/owner of the property on which such structures are located. Such nonpermanent structures shall not be allowed as permanent principal use structures in any zoning district, except mobile homes are allowed as permanent principal use structures per the permitted uses codified in Table 9.3. Such nonpermanent structures, excepting said mobile homes, shall not be used as habitable space. Such nonpermanent structures may be permitted for accessory uses per Article VII, Section 10.5 of the Code of Ordinances, City of Brewton.

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

9.12 - [Appearance.]

All business structures shall be so designed as to present an aesthetically pleasing appearance, as determined by city officials, that is generally compatible with existing buildings in the district, except those less desirable in appearance that have been grandfathered under section 7.9 of this ordinance.

9.13 - Metal buildings.

Metal buildings may be used for any purpose in the B-3, M-1, and M-2 districts. All metal buildings shall be subject to review as special exceptions in the other zoning districts, except that mobile homes are permitted by right in the designated mobile home districts. Metal buildings being used as accessory structures shall be allowed by right, provided that the building is in conformance with other provisions of this ordinance.

(Ord. No. 23-0410-1, 4-24-2023)