Because of their very nature, alternative financial services, including but not limited to collateral loan/exchange, payday loan, title loan/pawn businesses, pawn shops and check cashing establishments, are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 400 feet of each other, as measured between the nearest property lines.

(Ord. No. 2020-16, § 7.01, 3-16-2020)

Amateur radio towers may not exceed 60 feet in height, may be placed in the established rear yard only and must be set back a distance equal to the height of the tower from all property lines.

(Ord. No. 2020-16, § 7.02, 3-16-2020)

(a)

Site design.

(1)

A group of attached dwellings may not exceed eight dwelling units. Groups must be planned so that units on the same block frontage are either all front-loaded or all rear-loaded.

(2)

When an end unit of an attached dwelling does not front on a street, it must be separated from any adjacent dwelling by at least 20 feet.

(3)

Swimming pools are not permitted on individual lots unless the lot is of sufficient width to meet all applicable requirements.

(b)

Pedestrian access.

(1)

Sidewalks at least five feet wide must be provided across the applicable street frontage of attached dwelling lots.

(2)

An easement appurtenant across lots must be provided whenever a resident of an attached dwelling must cross an adjoining lot to reach his or her own lot.

(c)

Parking.

(1)

For front setbacks less than 25 feet, off-street parking must be within a front-loaded garage or within common or individual parking areas accessed at the rear of units by an alley or common drive.

(2)

No parking is permitted on a driveway less than 20 feet deep, as measured from the back of sidewalk to the front building line.

(Ord. No. 2020-16, § 7.03, 3-16-2020)

Accessory dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following:

(1)

Permit required. An accessory dwelling permit is required prior to the construction or occupancy of an accessory dwelling. Applications are reviewed and approved administratively, except when ZBA approval is required in the applicable district.

a.

Applications for accessory dwellings permits must include the following information:

1.

A scaled site drawing showing all existing structures and proposed structure, if any.

2.

An elevation drawing showing the proposed height of the structure.

3.

A rendering showing exterior materials and colors and/or samples of the same.

4.

A scaled foundation and interior floor plan.

b.

Any accessory dwelling permit automatically expires whenever:

1.

The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the city.

2.

Required off-street parking is no longer provided on the premises.

3.

The permittee ceases to own or reside on the premises (applies to R-2 District only).

(2)

Limitation in R-2 District. Because the R-2 District is intended for single-family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling.

(3)

Area and dimensional requirements.

a.

Accessory dwellings are permitted only on lots of at least 10,000 square feet, or larger when required by the district. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the authority having jurisdiction apply to each of the dwellings.

b.

If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling.

c.

The habitable floor area of an accessory dwelling must be at least 200 square feet but not more than 50 percent of the gross floor area of the principal dwelling or 1,000 square feet, whichever is more restrictive.

d.

Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling.

(4)

Additional requirements.

a.

No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling, regardless of the lot size.

b.

One parking space, in addition to that required for the principal dwelling, must be provided.

c.

Accessory dwellings must comply with the city building code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style.

d

Accessory dwellings may not have separate entrances from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley.

e.

An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district.

f.

If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion.

g.

An accessory dwelling may not be used as a short-term rental.

(Ord. No. 2020-16, § 7.04, 3-16-2020)

The following standards apply to bed and breakfast establishments in residential and agricultural districts:

(1)

Bed and breakfasts are permitted only in detached, single-family dwellings and must be operated by the owner and resident of the dwelling.

(2)

For each and every approved guest room, one parking space must be provided, in addition to the spaces required for the residence. Such additional required parking spaces must be screened from adjacent properties and arranged so that each space has direct access to a driveway. Recreational vehicle parking is prohibited except on lots one acre or larger in size. Where allowed, recreational vehicle parking must be located away from view from public rights-of-way and from neighboring properties to maximum extent practicable.

(3)

Food service is limited to overnight guests of the bed and breakfast and is subject to fire department regulations. Guest rooms may not contain cooking equipment.

(4)

One freestanding sign only and no larger than nine square feet is permitted, regardless of the number of street frontages.

(5)

Special events are only permitted in bed and breakfasts in agricultural districts (or on properties of two acres or more), subject to the following:

a.

Special events must be pre-booked and may not be open to the public. One special event is permitted per dining period. No more than two special events are permitted per day.

b.

Parking for special events must be provided on-premises.

(Ord. No. 2020-16, § 7.05, 3-16-2020)

(a)

The dwelling used as a boarding house must be the operator's permanent residence.

(b)

The living quarters of the permanent residents and boarders may be within the principal dwelling only.

(c)

No separate exterior doorways for individual boarding rooms are permitted.

(d)

Not more than two parking spaces are permitted forward of the front building line.

(Ord. No. 2020-16, § 7.06, 3-16-2020)

(a)

Intent.

(1)

To provide flexibility to achieve the most effective development on lands constrained by natural hazards that may limit the amount or type of development.

(2)

To promote the creation of accessible green space.

(3)

To protect sensitive, environmental land features to promote the public health and safety.

(4)

To reduce erosion, sedimentation, land disturbance, and removal of vegetation.

(5)

To promote development of walking and bicycling facilities and greenways within new developments that can be connected to adjacent neighborhoods and activity centers.

(6)

To reduce perceived density by providing access to and views of open space.

(b)

Applicability. The conservation subdivision option is available, upon approval by the commission, for single-family detached residential development of at least three acres in any residential district. The applicant must comply with all other provisions of this chapter and all other applicable regulations, except those incompatible with the provisions herein.

If held in multiple ownership, the site must be developed according to a single plan with common authority and common maintenance responsibility as approved by the city attorney.

(c)

Density determination.

(1)

The maximum number of lots is determined by dividing the total area of the proposed subdivision by the most restrictive of the following: Minimum lot size of the applicable district or by regulations as determined by city and/or county health department standards for septic tanks, or by other density limitations, such as watershed protection requirements, applicable to the site. In making this calculation, the following may not be included in the total area of the tract:

a.

Designated floodway.

b.

Bodies of open water over 5,000 square feet of contiguous area.

(2)

The above notwithstanding, the maximum permitted density is nine units per gross acre.

(3)

The minimum total area for front, rear and side yards is 2.5 times the ground floor area of the dwelling unit. A minimum 15 feet of space between dwellings must be provided.

(d)

Application requirements.

(1)

Site analysis map. The applicant must prepare and submit a site analysis map concurrently with the development plan and/or preliminary plat. The purpose of the site analysis map is to ensure that important site features have been identified prior to the creation of the site design, and that the proposed open space will meet the requirements herein.

(2)

Conservation subdivision plan. the applicant must prepare a conservation subdivision plan, which yields no more lots than identified under section 62-97(c), density determination. The conservation subdivision plan must identify open spaces to be protected and include an open space management plan (see section 62-97(f)), and must be submitted prior to the issuance of a grading permit.

(3)

Instrument of permanent protection. An instrument of permanent protection, as described in section 62-97(g), must be placed on the open space at the time of issuance of a grading permit.

(e)

Other requirements. The applicant must adhere to all other requirements of the applicable district and the subdivision regulations.

(f)

Open space management plan. For the purposes of this section, "open space" is defined as the portion of a conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of a legal instrument approved by the city attorney.

(1)

Standards.

a.

The minimum open space must comprise at least 25 percent of the gross tract area.

b.

The following priority conservation areas, when present, must be included within the open space, unless the applicant demonstrates that this would constitute an unusual hardship and be counter to the purposes of the conservation subdivision:

1.

The 100-year floodplain.

2.

Riparian zones of at least 75 feet width along all perennial and intermittent streams.

3.

Slopes above 25 percent of at least 10,000 square feet contiguous area.

4.

Wetlands, as defined by the corps.

5.

Existing trails that connect the site to neighboring areas.

6.

Archaeological sites, cemeteries and burial grounds.

c.

The following are considered secondary conservation areas and, when present, should be included within the open space to the maximum extent feasible:

1.

Important historic sites.

2.

Existing healthy, native forests of at least one-acre contiguous area.

3.

Individual existing healthy trees greater than eight inches caliper.

4.

Other significant natural features and scenic viewsheds, particularly those that can be seen from public roads.

d.

Utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 25 percent minimum area requirement (exception: Historic structures and existing trails may be counted). Large areas of impervious surface, such as portions of streets, parking and loading areas, are excluded from calculating open space.

e.

At least 25 percent of the open space must be suitable for passive recreational use.

f.

At least 50 percent of the open space must be in a contiguous tract, which may be divided by a local street whose area is excluded from the open space. The layout of open space should allow connection to neighboring areas of open space.

g.

The open space must be directly accessible to the largest practicable number of lots and/or buildings within the site. Non-abutting lots must be provided with safe, convenient access to the open space through sidewalks or off-street walkways.

(2)

Permitted uses of open space.

a.

Conservation of natural, archeological or historical resources.

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.

c.

Passive recreation areas, such as open fields, walking or bicycle trails.

d.

Active recreation areas, provided that they are limited to no more than 20 percent of the total open space and are not located within priority conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

e.

Landscaped stormwater management facilities, community and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities must be located outside of primary conservation areas.

f.

Easements for drainage, access, and underground utility lines.

g.

Other conservation-oriented uses compatible with the purposes of this section.

(3)

Prohibited uses of open space.

a.

Golf courses.

b.

Roads, parking lots and similar impervious surfaces, except as specifically authorized in the previous subsections.

c.

Agricultural and forestry activities not conducted according to accepted best management practices.

d.

Other activities as determined by the applicant and recorded on the legal instrument for permanent protection.

(4)

Ownership and management of open space. See section 62-37, common open spaces and facilities.

(g)

Legal instrument for protection of open space. The open space must be protected in perpetuity by a binding legal instrument recorded with the deed. The instrument for permanent protection must include clear restrictions on use of the open space, including all restrictions contained in this subsection, and any restrictions the applicant chooses to place on the open space. The instrument must be one of the following:

(1)

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

b.

A governmental entity with an interest in pursuing goals compatible with the purposes of this subsection, and if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the easement.

(2)

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

(3)

An equivalent legal tool that provides permanent protection, as approved by the city attorney.

(h)

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, the county tax assessor may be requested to reassess the open space at a lower value to reflect its more limited use.

(Ord. No. 2020-16, § 7.07, 3-16-2020)

Emergency care, family care and transitional care homes are subject to regulations of Code of Ala. 1975, § 11-52-75.1 and must be provided a fire protection system and equipment in accordance with city building and fire codes.

(1)

When approved as conditional uses, emergency care, family care and transitional care homes, are subject to the following and any additional conditions established by the commission.

(2)

No group care home may be located within 2,000 feet of another such facility, the distance to be measured in a straight line, and only one facility may be located on a single lot.

(Ord. No. 2020-16, § 7.08, 3-16-2020)

(a)

Exclusions.

(1)

Yard sales, garage sales and similar temporary activities are not considered home occupations.

(2)

Child day care group homes are not considered home occupations and must be approved as conditional uses by the commission.

(b)

[Not permitted.] The following activities are not permissible as home occupations:

(1)

Group instruction.

(2)

Swimming instructions.

(3)

Barber and beauty shops.

(4)

Public dining facilities or tea rooms.

(5)

Food services.

(6)

Pet shops.

(7)

Veterinarians.

(8)

Kennels or places keeping caged animals.

(9)

Fortunetellers or similar activities.

(10)

Photographic studios.

(11)

Wholesale or retail sales, other than online sales.

(12)

Outdoor sales or service.

(13)

Nursery schools, kindergartens, or similar uses involving seven or more children.

(c)

Standards. Home occupations must comply with the following:

(1)

No person other than those residing in the dwelling may be engaged in the occupation.

(2)

The use of the dwelling for the home occupation must be clearly incidental and subordinate to its residential use. No more than 25 percent of the floor area of the dwelling may be used in the conduct of the home occupation, and no part of the home occupation may be conducted in an accessory structure.

(3)

There may be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation, other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building. Signs or displays of goods on public property are prohibited.

(4)

Home occupations may not be conducted in any yards or open spaces, except that family day care homes may use yards and open spaces for children's play area, subject to any applicable state laws.

(5)

No traffic may be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation must be met off the street and other than in a required front yard or side yard.

(6)

Visitation by any patrons, customers or clients is permitted only during the hours 7:00 a.m. to 8:00 p.m. No more than one patron, customer or client is permitted on premises at the same time.

(7)

Vehicles providing pick-up or delivery may not exceed two-axle trucks. Pick-up and delivery is limited to the hours 7:00 a.m. to 7:00 p.m.

(8)

No activity, equipment or process that is part of the home occupation may create noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses beyond the property line. Noise level at the property line may not exceed 55 dBA. In the case of electrical interference, no equipment or process may be used that creates visual or audible interference in any radio or television receivers off the premises.

(9)

Fabrication of articles commonly considered "arts and handicrafts" is permitted as a home occupation, excluding any retail sales, wholesaling or warehousing of such articles for commercial use, sales or distribution.

(10)

All home occupations existing as of the effective date of the ordinance from which this chapter is derived must fully comply with this section 62-99 after one year or before the next licensing date, whichever is sooner.

(d)

Permit required. A home occupation permit is required for each home occupation prior to licensing, and expiration dates will be on the same day and may not exceed 12 months. A different period may be specified on uses permitted upon appeal by the ZBA. Home occupation permits are issued only after approval of the ZBA and subject to any conditions the ZBA requires to preserve and protect the character of the district.

(Ord. No. 2020-16, § 7.09, 3-16-2020)

(a)

No automobile wrecking yard, salvage yard or junkyard may be established closer than 300 feet to an established residential district.

(b)

All outdoor storage of salvage and wrecking operations must be completely contained within a fence or wall of not less than six nor more than ten feet in height. The fence or wall must be designed in accordance with section 62-125, design standards for fences.

(c)

The storage of wrecked automobile, junk, or salvaged materials may not exceed the height of the required screen fence or wall.

(Ord. No. 2020-16, § 7.10, 3-16-2020)

(a)

All corrals and stables for the keeping of livestock and fowl for gain must conform to the following:

(1)

Minimum area for animals. Corrals must have a minimum area of 10,000 square feet for the first livestock animal, and 1,000 square feet for each additional livestock animal, to every portion of which all livestock must have free and unrestricted access.

(2)

Minimum area for fowl. Corrals must have a minimum area of 15 square feet for each duck, goose, chicken, guinea, peacock, turkey, pigeon or other fowl.

(3)

Distance from dwellings. Corrals and stables established after the effective date of the ordinance from which this chapter is derived must be set back at least 200 feet from any dwelling other than that of the person keeping the livestock or fowl.

(b)

Where permitted in a residential district, the keeping of chickens as pets or for egg production solely for personal use and not for gain, is permitted subject to the following:

(1)

Chickens may be kept only on the premises of an occupied single-family detached dwelling and only in the rear yard.

(2)

Not more than six hens are permitted; roosters are prohibited.

(3)

Except when under the personal control of the resident, chickens must be confined within a coop or run at all times.

(4)

Coops and runs are subject to the setback requirements in section 62-36(b), accessory structures. No structure for the keeping of chickens may be located within 50 feet of the nearest dwelling other than that of the person keeping the chickens.

(5)

A coop may not exceed 120 square feet in area.

(6)

The activity and associated structures must be maintained in a condition such that no odors or noises are produced that create a nuisance for adjoining properties.

(Ord. No. 2020-16, § 7.11, 3-16-2020)

(a)

Generally.

(1)

Purpose. The purpose of these requirements is to prevent visual blight and assure compatibility of uses, optimum service by community facilities and adequate vehicular access and circulation.

(2)

Procedure. No manufactured home park may be developed, redeveloped, altered or expanded without conditional use approval by the commission. The application must be accompanied by a site plan showing the following:

a.

The name of the project and the names of the owner, engineer, architect, designer, or landscape architect.

b.

The north arrow point, scale, and date.

c.

A vicinity map showing the location of the project in relation to the surrounding community.

d.

Zoning classifications of the proposed manufactured home park and surrounding properties.

e.

The boundaries of the property involved, the general location of all existing easements, section lines, property lines, existing streets, buildings, and any other physical features in or adjoining the project.

f.

The names and current addresses of all adjacent landowners.

g.

The approximate location and size of all sanitary and storm sewers, water mains, gas lines, culverts, and any other underground facilities in or near the project.

h.

Total size of manufactured home project in acres.

i.

Location of manufactured homes on stands, dimensions of manufactured homes and dimensions of each stand.

j.

Location and number of sanitary conveniences including toilets, washrooms, laundries, and utility rooms to be used by the occupants of the manufactured home park.

k.

Internal streets and driveways including the width and surface treatment, curbs, and other physical characteristics.

l.

A typical stand detail showing all features such as, but not limited to, size and material of stand, parking, storage, any other structures, and utility connections.

m.

Location and type of required landscaping, screening and buffers.

n.

Location and type of recreation area.

o.

Any area within or adjacent to the proposed manufactured home park subject to periodic inundation by storm drainage, overflow, or ponding.

p.

Any and all other physical improvements as required by this section.

(b)

Minimum requirements. Any development, redevelopment, alternation, or expansion of a manufactured home park must comply with the following:

(1)

Standards. To protect the health and safety of the public and ensure quality construction, all manufactured homes must conform to standards approved by and bear the housing and urban development (HUD) certification and be anchored and installed by a certified installer as required by the state manufactured housing commission.

(2)

Any manufactured home park must be at least four acres in area.

(3)

Each stand must be at least 5,000 square feet in area, at least 50 feet wide, and at least 100 feet long.

(4)

A buffer must be provided as required by section 62-122, buffers.

(5)

Manufactured homes must be set back at least 15 feet from the front line of the stand.

(6)

Manufactured homes must be separated by at least 20 feet on the side and 15 feet in the rear.

(7)

Any manufactured home frame may not exceed three feet in height above grade level.

(8)

All parking and walkway areas must be paved. All yard areas must be planted and maintained with grass or similar ground cover and other landscaping.

(9)

All parts of the park must be graded and equipped to drain all surface water in a safe, efficient manner. The adequacy of drainage facilities must be certified by an engineer.

(10)

Storage facilities with a minimum capacity of 200 cubic feet per stand must be provided on the stand or in compounds located within 100 feet of each stand. Storage facilities must comply with city building and fire codes.

(11)

Every manufactured home stand must have two off-street parking spaces.

(12)

Manufactured home parks may not accept manufactured homes until all items shown on the approved site plan are in place.

(c)

Access and traffic circulation.

(1)

Internal streets must be privately owned, built, and maintained and must be designed for safe and convenient access to all stands, parking spaces and all common areas of the park.

(2)

All internal streets must have a clearance of at least 30 feet and a minimum pavement width of 24 feet, measured from face of curb to face of curb. Internal streets must be continuous or be provided with a cul-de-sac with a minimum radius of 60 feet. No internal street ending in a cul-de-sac may be longer than 400 feet.

(3)

Internal streets must comply with city street specifications except that a concrete extruded curb may be used in place of a standard street curb.

(4)

Internal streets must be maintained free of cracks, holes, and other hazards at the expense of the park operator.

(5)

Internal streets must be numbered or named as approved by the commission.

(6)

Internal streets must intersect adjoining public streets at 90 degrees, to the degree practicable, and at locations to eliminate or minimize interference with traffic on public streets.

(7)

At each entrance to the park, an 18-inch by 24-inch sign must be posted stating "Private Drive—No Thru Traffic." The operator must also post speed limit signs at appropriate places throughout the park.

(d)

Lighting. Adequate lighting along internal streets and in any common areas must be provided as approved by the commission. All electrical and telephone lines must be placed underground, when possible, in compliance with city electrical codes.

(e)

Recreation area. All manufactured home parks must have at least one recreation area located in an area free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. At least ten percent of the gross park area must be devoted to recreational facilities, which must be maintained in a usable, sanitary condition.

(f)

Utility requirements. Each manufactured home must be connected to the municipal water and sewage disposal system, if available. The design and specifications of interior utility systems must comply with city requirements. If the municipal sewage disposal system is not available, then an on-site central disposal system is required, until such time as a municipal sewage system is available. The on-site sewage disposal system must comply with the design and installation requirements of the health department or other authority having jurisdiction.

(Ord. No. 2020-16, § 7.12, 3-16-2020)

The following regulations apply to short-term rental of dwellings in residential districts only. For purposes of this section, "Short-Term Rental (STR)" means the rental of a dwelling unit for less than 30 days per rental period.

(1)

Licensing. The property owner must have a valid short-term rental license from the city before a property can be advertised or operated for short-term rental. An individual license must be obtained for each STR property.

a.

The property owner must provide with the STR license application the name and telephone number of an emergency contact that will respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must be able to respond on-site within 12 hours if requested by the city. The emergency contact must answer calls 24 hours a day, seven days a week for the duration of each short-term rental period. Prior to any change to the emergency contact, the owner must submit the revised contact information to the police and fire departments.

b.

Insurance. All STR licensees must obtain and maintain vacation rental property insurance that covers the commercial lodging use of the site. Proof of insurance must be provided within 30 days of approval of the STR license. Proof of insurance must be resubmitted each year for renewal of the STR license.

c.

Notice. Each owner must, upon issuance of an STR license, provide written notice to the city clerk and to all owners or property within a radius of 500 feet of the STR property, which includes the following information:

1.

The names of the owner and emergency contact (if not the owner), including telephone numbers.

2.

The city's code enforcement telephone number by which members of the public may report violations.

3.

The maximum number of renters permitted to stay in the unit.

4.

The maximum number of vehicles allowed to be parked at the property.

d.

Taxation. The licensee is responsible for collecting and reporting taxes from any rental arrangement that is not subject to an established collection agreement with the city.

(2)

Standards.

a.

The dwelling may only be rented for lodging use. It may not be rented for weddings, parties, concerts or similar events or used for such events during any short-term rental period.

b.

Occupancy. The dwelling may not be rented to more than one guest party simultaneously. Occupancy is limited to the most restrictive of the following:

1.

No more than two persons per bedroom plus two persons.

2.

No more than four persons per parking space.

The number of bedrooms and parking spaces are determined by the building official as part of the STR license. The building official may inspect the dwelling to verify information submitted with the STR license application.

The owner must, by written agreement with the renter, limit overnight occupancy of the STR to the maximum occupancy approved with the STR license.

c.

No on-premises signage legible from any right-of-way may advertise the STR.

d.

The short-term rental must comply with all applicable city regulations including but not limited to building construction, fire safety, noise, and garbage collection and disposal.

e.

There must be adequate off-street parking to accommodate all guest parking needs. No recreational vehicles, buses or trailers may be stored on the street or forward of the front building line.

f.

No food may be prepared or served to rental guests by the licensee.

g.

A copy of the STR license, emergency contact information and house rules that comply with this section must be posted in a conspicuous place in the dwelling.

h.

Upon notification that a renter or a renter's guest has violated any provisions of this section or any noise, garbage, or other applicable provision of the City Code of Ordinances, the owner or emergency contact must promptly notify the renter of the violation and take such action as is necessary to prevent a recurrence.

(3)

Violations. If, after investigation, the building official determines that any provisions of this section have been violated, the building official will notify the owner in writing stating the provisions violated, necessary corrective action, and a compliance due date, as applicable.

a.

Fines. In addition to the other remedies set out in this subsection, violations will be subject to fines as follows:

1.

Violation warning. The building official may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this section.

2.

First violation. The first time a person is found to have violated one of the provisions of this section, the person is subject to a fine of $150.00.

3.

Second and subsequent violations. Any second or subsequent time a person is found to have violated the provisions of this section, the person will be subject to a fine of $500.00 for each subsequent violation.

b.

If a violation of building, fire safety or property maintenance regulations has not been corrected by the compliance date, the building official may cause the STR license to be temporarily suspended. When the violation has been corrected, the license is re-instated for the remainder of its current approval period. The building official may approve an extension of the compliance date if substantial progress toward compliance has been made and provided that the public will not be adversely affected by the extension.

c.

Recurring violations. When noise, occupancy, parking or other violations concerning the conduct of the STR or its renters or their guests are found to have occurred during more than one rental period in the same license year or within any six-month period, the building official will request a hearing before the council. Following a public hearing on the matter, the council may revoke the STR license for the remainder of its current approval period and suspend the ability of the owner to renew the license for an additional year. No STR license may be renewed unless all outstanding penalties assessed against the licensee are paid in full to the city.

(Ord. No. 2020-16, § 7.13, 3-16-2020)

No tattoo facility may be located within 1,000 feet of any park, place of worship, public or private school, kindergarten, child day care facility, public pool, athletic facility, amusement park, miniature golf course, theater, library, place of amusement, or other facility which in the judgment of the commission, minors under the age of 18 years generally frequent or are encouraged to attend or are in the general spirit or intent of the above areas.

(Ord. No. 2020-16, § 7.14, 3-16-2020)

(a)

Definitions. As used in this section, the following words and terms have the meanings as defined herein:

(1)

Antenna. An electromagnetic device which conducts radio signals through an attached cable or wave guide, to or from a radio transmitter or receiver. "Antenna" includes devices commonly referred to as "whips," "panels" and "parabolic dishes." "Antenna" includes an antenna used in conjunction with microwave, cellular or personal communication service systems and any other type of telecommunication systems now or hereafter in use.

(2)

Co-location site. A parcel of land or other site on which the antennae and related equipment of more than one party are located.

(3)

Communication facilities. Towers, antennae and equipment, collectively.

(4)

Equipment. All equipment and facilities used in conjunction with one or more towers and/or antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel.

(5)

Fiber-optics. Light transmissions through very fine flexible glass, by internal reflection.

(6)

Monopole. Any self-supporting wooden pole or any self-supporting metal or concrete pole designed to support an antenna; provided, that the word "monopole" does not include a latticed steel or metal tower, a tower which requires guy wires for support or a tower which has more than one source of support, such as a tower with more than one leg.

(7)

Residential property. Any land located in a residential district.

(8)

Tower. Any telecommunication monopole (as defined hereinbefore) including monopoles used for microwave, cellular or personal communication service systems and any other telecommunication systems now or hereafter in use. As used in this article, "tower" includes any telecommunication tower installed or constructed within the city prior to the effective date of the ordinance from which this chapter is derived, regardless of whether such tower is a monopole or another type of tower.

(9)

Tower compound. A parcel of land or a building on which communication facilities are located.

(b)

Required approvals. No party may construct a tower or tower compound until the commission has approved it as a conditional use, unless permitted by right in the applicable district, and a building permit has been subsequently granted. Co-location of an antenna on an existing tower may be approved by the building official, except as otherwise provided herein.

(c)

Applicability. Communication facilities may be constructed and installed in any zoning district, provided they comply with the provisions of this section. All towers, antennae and equipment constructed or installed, whether on a new or existing tower compound, after the effective date of the ordinance from which this chapter is derived and any changes or additions to any tower or antenna in existence before the effective date of the ordinance from which this chapter is derived, are subject to this section. A tower which is proposed to be built on a co-location site is subject to the same requirements and conditions as all other towers. Routine maintenance of, and repairs to, the communication facilities, may be performed without the approval of the commission, though a permit may be required if applicable to the nature of the maintenance or repair activity.

(d)

Public hearing. The commission will hold a public hearing with respect to each application for the construction of a tower. The installation of any additional antenna on the same tower, and the equipment used in connection with such additional antenna, is subject to approval of the building official and does not require a hearing or approval of the commission unless:

(1)

The tower compound is to be enlarged or there is a change in the size or location of the existing tower; or

(2)

The building official considers it appropriate that such application be referred to the commission for review and consideration; in either case a public hearing will be held, subject to all the conditions and requirements of a public hearing on an application for the construction of the initial tower on a tower compound.

The city will provide public notice of the hearing as required by state law. If, at the meeting of the commission during which the public hearing is held or was scheduled to have been held, it is announced that the public hearing is continued or postponed to a certain specific date, no notice of the continued or postponed hearing must be given.

(e)

Co-location. A new tower may not be constructed if space is available, on an economically reasonable basis, on an existing tower which is structurally and technically able to support the proposed antenna. An affidavit that reasonable effort has been made by the applicant to locate the proposed antenna on an existing tower must be submitted with the application for the construction of a new tower. Such affidavit must comply with the provisions of section 62-105(j)(7). Each tower constructed must be designed to provide for the installation of additional antennae to the fullest extent practicable, taking into consideration the structural and technical limitations of the type of tower proposed to be constructed.

(f)

Review criteria. In considering whether to permit communication facilities to be constructed and/or installed at a certain location, the commission will consider the following public health, safety, and general welfare criteria:

(1)

Structural safety of towers. Towers must comply with wind-load and other structural standards contained in applicable building and technical codes adopted by the council, and the electronic industries associations code, so as not to endanger the health and safety of people in the event of the structural failure of a tower. The building official will determine whether towers comply with the requirement of this subsection.

(2)

Appearance of tower compounds. To the extent practicable, towers and tower compounds must be designed, through the use of building materials, colors, textures, screening and landscaping, so that their appearance is compatible with surrounding land uses. The commission may require that planting and a decorative fence or wall be constructed around a tower compound to help accomplish this end.

(3)

Compliance with rules and regulations. All communication facilities must comply with all applicable rules, regulations and other requirements of the FCC and other governmental agencies having jurisdiction over them, including but not limited to, the State of Alabama. The commission may require that satisfactory evidence of such compliance be furnished by the applicant.

(g)

Development criteria. The building official will review all applications for towers, antennae, or equipment for compliance with the provisions of this section. By a vote of at least two-thirds of the members of the commission present at the public hearing, the commission may waive any one or more of the following requirements if the circumstances justify such waiver and provided the reasons for such waiver are included in the minutes of the meeting of the commission at which such waiver was granted.

(1)

All towers must be monopoles.

(2)

Each tower compound must be large enough to provide room for a structure to contain the equipment for at least one additional antenna.

(3)

The centerline of a tower may not be located closer than 200 feet to the boundary line of any residential property. If the land on which a tower compound is located, and all land which abuts the tower compound, is in a nonresidential zoning district (including land in a planned development district used for nonresidential purposes) the centerline of the tower may not be closer than 50 feet to the boundary line of such property. The commission may reduce the foregoing setback requirements in exceptional cases where, due to unusual topographic conditions, the enforcement of the setback requirements would result in unnecessary hardship; provided that the setback may not be reduced to less than the minimum setback required in the applicable district and that the reduction of the setback requirements may not, in the opinion of the commission, be contrary to the health, safety and general welfare of the public.

(4)

Towers must be constructed of wood, galvanized steel or concrete and retain their natural finish so as to reduce their visibility. Towers must be properly maintained.

(5)

No signs or other forms of advertising, including signs displaying the name of the owner or user of the tower or antenna, may be attached to, or depicted on, a tower or antenna.

(6)

Towers may not be illuminated except for warning beacons and as provided herein. Lights for security and maintenance purposes may be installed on structures which contain equipment. Such light must be pointed downward from a height of not more than ten feet and may not exceed a maximum of 150 watts. Such lights must be located and directed so that they do not shine or reflect onto or toward any residential property.

(7)

Each tower compound must be surrounded and fully secured by a dark colored, vinyl-coated or galvanized steel chain link security fence or masonry wall or combination thereof, at least eight feet in height.

(8)

All tower compounds must be surrounded by a landscaped buffer which must, to a height of at least eight feet, effectively screen the view of the tower compound from adjacent public ways and residential property. The buffer, which may be located in the required setback area, must consist of a landscaped strip, at least four feet in depth, located outside of the security fence. The landscaped strip must be planted with a combination of trees, shrubs, vines, and/or ground covers capable of attaining, at maturity, a height as high as the security fence and which will enhance and partially screen the outward appearance of the security fence. For tower compounds located within 1,000 feet of residential property or areas of special aesthetic concerns, such as schools, the commission may require wider landscaped buffer areas and other items, such as decay-resistant, solid wood fences, earth beams and masonry walls. All fences, walls and landscaping must be kept in good condition and repair maintained in a neat manner by the owner or user of the tower.

In the application for permission to construct a new tower or to install an additional antenna on an existing tower, the applicant must include of the name and address of the party who will be responsible for maintenance and repair of the communication facilities, and any fences, walls and landscaped buffer areas. If a different person becomes responsible for such maintenance and repair, the owner of the tower must give the building official written notice of such person's name and address.

(9)

In isolated, nonresidential areas, alternative landscaping methods, such as the use of a dark colored, vinyl-coated or galvanized steel chain link security fence in combination with evergreen shrubs, trees, vines, and/or other plantings, may be permitted on the condition that if the areas surrounding such tower compounds become developed, the commission may require the owner of the tower compound to comply with the requirements of section 62-105(g)(8) above.

(10)

Existing mature tree growth and natural land forms must be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large wooded lots, preservation of a substantial amount of natural growth around the perimeter of the tower compound may be taken into consideration by the commission in determining the extent of the buffer required.

(11)

A parking area and driveway of asphalt, concrete or other all-weather surface approved by the building official must be provided for each tower compound for service access and for access by emergency services. Subject to the approval of the commission and to an appropriate agreement with the owner thereof, access may be by means of, and parking may be provided on, an adjoining property. Subject to the approval of the commission, one or more public streets adjoining the tower compound may serve as the parking area.

(h)

Removal of unused towers. Any tower which is no longer in use for its permitted purpose must be removed at the owner's expense. Within ten working days of sending notice to the FCC of the intent of the owner to cease use of the tower, the owner must provide the building official with a copy of such notice. The owner must remove the tower and all communication facilities used in connection with it within 90 calendar days from the day the tower ceases to be used or by such earlier date as may be required by the FCC. If the owner does not remove the tower from the tower compound within the 90-day period, or shorter period if prescribed by the FCC, the owner of the property on which the tower is located, if different from the owner of the tower, must remove it from such land within 90 calendar days of receiving written notice form the city to do so. If neither the owner of the tower nor the owner of the property removes the tower within the time prescribed, the city may, but is not obligated to, remove the tower. If the city removes the tower it is entitled to recover the cost of doing so from the owner of the tower and/or the owner of the property. Notwithstanding the foregoing, a tower used by more than one party may continue to be used for telecommunication purposes as long as the tower is used for such purposes by at least one party. Any party who ceases to use a tower used by more than one party must remove its antenna from the tower and must remove its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or within such shorter period as may be prescribed by the FCC, so that the tower and compound will be available for use by another party. If the tower is located on property owned by the City of Cullman or the Cullman Board of Education, the city or the board, respectively, has the right to purchase the tower for $100.00 when it ceases to be used for telecommunication purposes by all parties who have an antenna located on the tower. Such right to purchase must be exercised by the city or the board within 60 calendar days of the date the city receives notice that the owner of the tower intends to cease use of the tower for its permitted purpose.

(i)

Receiving antennae. A building permit is required for receiving antennae over 24 inches in diameter. A receiving antenna located in a residential zoning district is considered to be an accessory structure. A receiving antenna located in a nonresidential zoning district must be screened on at least three sides if it is located on the roof of a building or on the top of any other structure, and it must be screened on four sides if it is located at ground level.

(j)

Application. In addition to other items and information required by this chapter, all applications for a permit to construct a new tower or to locate an antenna or additional equipment on an existing tower compound, must include the following:

(1)

A list of the names and addresses of all owners of property adjoining the subject property. For the purpose of this section, the owner of property is considered to be the person shown as the property owner according to county tax assessor records. The application must be accompanied by the certification by the applicant, a surveyor or an attorney that the list of property owners was obtained from said tax assessor and that the list contains the names and addresses of all owners of property within 500 feet of such tower compound.

(2)

Statement of impact on health, safety, and welfare: A brief written statement concerning the steps the applicant has taken to comply with all applicable rules, regulations, and requirements concerning health and safety matters related to the proposed communication facilities.

(3)

Site plans. A site plan, prepared by a surveyor, scaled to not less than one inch equals 50 feet, showing the location and dimensions of the subject property, as well as the location of setback lines, driveways, parking areas, fencing, landscaping, and generators and the location, size and type of any fuel tanks. The site plan must be prepared by a licensed and must also show:

a.

All parcels located within 500 feet of any part of the tower compound.

b.

Zoning classification of the property and of all parcels within 100 feet of the subject property, including zoning classifications in an adjoining municipality.

c.

The latitude, longitude, section, township, range, tax parcel identification number, street address and the site identification number of the proposed tower compound. If any part of the tower compound is or will be located within 1,000 feet of a boundary line of the city, the following information must be clearly indicated:

1.

The distance from such boundary line.

2.

The name of the adjacent municipality.

d.

Such other information as may be required by the commission to determine compliance with the requirements of this chapter. If the proposed tower is to be located on a portion of a larger property, its location with respect to the boundary lines of such property must be shown on the site plan.

(4)

Elevation views. A silhouette and elevation view of the proposed or existing tower, as applicable, all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any fencing or walls. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines.

(5)

Frequency band and wattage. The frequency band and maximum wattage of proposed communication facilities.

(6)

The estimated life of the tower, the antenna and the equipment.

(7)

Affidavit. An affidavit of the applicant stating that: 1) there is no existing tower from which the area to be served from the proposed new tower can be served; or 2) the applicant has made good faith efforts to have its antenna installed on an existing or proposed tower (from which the area proposed to be served by the new tower could be served) and has been unable to do so and giving a detailed written narrative of the efforts made by the applicant to use such existing or proposed tower.

(8)

Certification of shared use design. If the tower to be used is one on which there is already one or more antennae, the application must be accompanied by a certification by an engineer, qualified to make such certification, certifying that the tower is able to accommodate the proposed antenna, as well as the antennae already located on the tower, in a safe and functional manner.

To help defray the costs of processing applications, reviews and otherwise administering the provisions of this section, the applicant must submit a non-refundable application fee, as set by the council, plus any costs incurred by the city for public notice.

(k)

Foundation survey, as-built certification. After the foundation for a tower is poured, a foundation survey, prepared by a surveyor, showing the location of the foundation of the tower, must be furnished to the building official, and no further work may be done with respect to the construction of the tower until the building official has approved, in writing, the foundation, including its location. Upon the completion of the tower and installation of an antenna, or upon the location of an additional antenna upon an existing tower, the tower and antenna or the antenna, as the case may be, may not be put into operation until a qualified engineer furnishes the city written certification that the tower and the antenna were built and installed, or the antenna was installed, if the antenna was installed on an existing tower, in accordance with the plans submitted to the city including the installation of any required buffers, fencing and walls.

(Ord. No. 2020-16, § 7.15, 3-16-2020)

(a)

General standards.

(1)

The combination of residential and nonresidential uses must strictly comply with city building and fire codes.

(2)

The principal use of the building must be a permitted use or approved conditional use in the applicable district.

(3)

Dwellings are not permitted on the ground floor. Space above or below the ground floor may be either business or residential use.

(4)

No nonresidential use may be located on the same floor in the same building with any dwelling units.

(5)

Dwelling units must be accessible from a shared exterior entrance or one interior entrance commonly shared between the uses housed in the upper floors of the building.

(6)

Dwelling units may not be accessible directly from another unit or use within the building.

(b)

Balconies. Balconies are permitted for approved dwellings only and subject to the following:

(1)

Balconies must meet the requirements of the fire official to be used as a rescue area or place of refuge for evacuation purposes.

(2)

Balconies may not extend more than 70 percent over public sidewalks (see Figure 7-1).

(3)

Neither balconies nor supports may encroach into ADA-required sidewalk areas.

(4)

Vertical clearance of at least nine feet must be maintained between the balcony and sidewalk or grade level, whichever is greater (see Figure 7-1).

(5)

All balcony support posts must be set back at least 24 inches from the back of curb and placed on concrete pedestals at least 18 inches above the sidewalk (see Figure 7-1).

(6)

All balconies must be constructed of noncombustible material acceptable to the fire official and comply with the city building code as determined by the building official.

(7)

Property owners must provide a hold harmless agreement, acceptable to the city, relieving the city from any liability relating to the structure.

(8)

All balconies must be designed by a state-registered structural engineer. Stamped drawings must be submitted to the building official. Drawings must not be older than 180 days.

(9)

Balconies may be open or covered, but may not be enclosed permanently or temporarily.

(10)

Satellite dish and antenna may not be mounted to a balcony or any portion of the structure supporting or covering the balcony.

(11)

No objects may be placed, hung, draped, or attached to any portion of the balcony including, but not limited to, sheets, towels, signs, merchandise, or lighting extending past the balcony, except approved, permanent signage complying with nine-foot vertical clearance.

(12)

Balconies must be approved by the commission before a building permit may be issued for its construction.

(Ord. No. 2020-16, § 7.16, 3-16-2020)