The City of Daphne, Alabama, a municipal corporation (the "city") hereby adopts the following provisions for the establishment of the Eastern Shore Park Overlay District (the "district"), said provisions to constitute Article XXXVII (the "District Regulations") of the Land Use and Development Ordinance of the city (the "Land Use Ordinance"). No building, other improvements or land shall hereafter be used or occupied, and no building or other improvements shall be erected, constructed, moved, or altered in the district, except in conformity with the district regulations as the same may be amended from time to time.

The land constituting the district is described in Schedule "A" attached hereto. In the event Malbis Properties, L.L.C. (the "owner/developer") acquires any portion of that land adjacent to the district and described in Exhibit "B" attached hereto, on or before January 1, 2006, then any such additional acquired land described in Exhibit "B" shall become part of the district and subject to the district regulations without further action by the city or the owner/developer. (See also section 37-16.)

Notes:

1

Culs-de-sac shall not be longer than six hundred (600) feet measured from the centerline of the intersecting street to the center of the turnaround.

2

Minimum pavement width is measured from back of curb to back of curb.

3

Maximum grade may vary with topography subject to planning commission approval based on recommendation of director of community development.

All streets in the district, whether private or dedicated for public use, shall be paved and adequately drained.

The full width of any public road improvements in the district shall be graded, including the subgrade of the areas to be paved. This requirement may be modified for the purpose of preserving the natural beauty of an area. A base course consisting of at least eight (8) inches of a sand-clay mixture with one hundred (100) percent standard compaction shall be laid on a soundly prepared subgrade. A prime coat shall be sprayed uniformly over the base course. An approved type wearing surface in conformance with State Highway Standard 416-A one and one-half (1½) inches thick compacted shall be laid over the prime coat. If curbs and gutters are required, they must be in conformity with approved state and county highway department standards.

All grading in the subdivision shall be related to the topography and environmental features of the surrounding area. Unpaved areas within a dedicated street right-of-way shall also be graded and shall be seeded in a manner that enhances the appearance of the environment.

All water mains, sanitary sewers and laterals, and storm sewers shall be installed as necessary to prevent the future cutting of the pavement of any street, sidewalk, or other required pavement.

Each person, firm, corporation, utility, entity, or agent thereof engaged in any site preparation and/or construction activities shall acquire a site disturbance permit from the planning department prior to commencement of such activities pursuant to the provisions of this article and no such activity shall commence prior to the approval of a preliminary plat by the planning commission. Fees for said permit shall be as more specifically enumerated in Article XXXIV of the Land Use Ordinance, entitled "Schedule of fees."

When all required improvements are installed, the developer/owner shall call for a final inspection. The public work director or his duly authorized representative shall inspect the site to determine if the required improvements are satisfactorily installed according to the plans and specifications.

To determine if the streets are installed to minimum design standards, the city shall select an independent testing laboratory to make the necessary tests. These tests shall be conducted at the expense of the developer/owner.

It is the intent of this section to require sidewalks to be installed on both sides as a part of the improvement of all streets prior to the issuance of certificate of occupancy.

Construction of sidewalks shall comply with the following standard:

Developments, individual lots, or parcels shall be properly connected to a public community water and public sanitary sewer system.

(a)

Utility placement: Water, sewer, gas, electric power, telephone, cable television, and other utility lines shall be installed underground by the developer and/or owner in all new commercial or industrial developments, expansions and/or renovations of existing development. Said developments shall be connected to a central distribution system, unless for good reasons other than cost, the planning commission approved a modification or waiver of this requirement in part or in whole, or if a special condition requires otherwise.

(b)

Location of roadway fire hydrants: Roadway fire hydrants shall be installed along each street at the center of each block and at one corner of each roadway intersection, provided, however, that in no event shall fire hydrants be spaced so that any fire hydrant is located more than five hundred feet from another fire hydrant. The water supply and pressure shall be sufficient to provide adequate fire protection and the future needs of the intended land use. Additional fire hydrant placement may be required on the interior of developed lots pursuant to local ordinance and fire regulations as adopted by the city.

(c)

Location of street lighting: Lighting shall be installed at all intersections, curves, and culs-de-sac. If additional lighting is consistent with safety and other community needs is deemed necessary, the director of community development shall require the developer to present a street lighting plan developed in conjunction with the appropriate utility company having jurisdiction within the area.

(d)

Placement of street signs: Appropriate permanent type street name signs shall be placed at all intersections within the subdivision. The developer may select signs which will be in keeping with the theme of the development, subject to approval of the director of community development.

The following limitations and requirements are hereby placed on uses in the district.

(a)

Table of Permitted Uses, compliance with district requirements and setbacks: The permitted uses in the district are as provided in sections 13-2, 13-3, and 13-6 of Article XIII, Minimum District Requirements of the Land Use Ordinance. Furthermore, the outdoor display of merchandise is permitted by the operator of a store, provided that the outdoor areas for such activities are limited to off-street parking areas and sidewalks in the district. Any outdoors sales for special events shall require a special permit issued by the city.

(b)

Maximum building height: Structures of more than five (5) stories or sixty-five (65) feet are not permitted.

(c)

Performance standards for the district: All lots in the district, and improvements thereon, shall comply with the following minimum standards:

1.

Lots shall be of sufficient size to be used for the purpose intended, provide adequate parking and loading facilities in addition to space required for conduct of other operation of the business, and otherwise comply with the provisions provided herein.

2.

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

3.

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

4.

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, as well as, state and federal regulations.

5.

Non-permanent structures such as trailers, sheds, and other such buildings used for business purposes may for business purposes may be permitted in business districts, provided, however, that such structures may only be located at the rear and side of permanent structures and must be adequately screened by landscaped buffers or opaque fencing.

USE AND APPLICABILITY

The district regulations shall be complied with for all development in the district, regardless of whether such development involves the construction of business and commercial structures, additions thereto, construction of a park, public rights-of-way, open space, public building or structure, or public utility, whether publicly or privately owned, and other uses as required by the planning commission.

SPECIAL PROVISIONS

The following shall apply:

(a)

A site plan review shall be accomplished by the recommendation of the director of community development and approval of the planning commission to assure compliance with the provisions of these district regulations, as well as applicable building and fire codes.

(b)

Said approval shall be authorization to begin work, subject to the issuance of a site disturbance permit. Such approval shall become void upon one (1) year from the date of approval if a site disturbance permit has been acquired and no building or construction activities have occurred on the permitted site.

(c)

When all required improvements are installed, the developer/owner shall call for a final inspection. The director of community development or his duly authorized representative shall inspect the site to determine if the required improvements are satisfactorily installed according to the plans and specifications.

(d)

Reserved.

PLAN CONTENT

The plan shall contain all information as reflected on the current departmental checklist for a site which may be modified at the discretion of the director of community development when applicable.

WAIVER

The director of community development may waive certain requirements contained in this article if, in his opinion, the requirements are not essential to a proper decision on the proposed development; or, he may supplement the list with other requirements deemed necessary to clarify the nature of the proposed development.

ISSUANCE OF SITE DISTURBANCE PERMIT

Each person, firm, corporation, utility, entity or agent thereof engaged in any site preparation and/or construction activities shall acquire a site disturbance permit from the planning department prior to commencement of such activities as established pursuant to the provisions of this article and no such activity shall commence prior to the approval of a site plan by the planning commission. Fees for said permit shall be as more specifically enumerated in Article XXXIV of the Land Use Ordinance, entitled the Schedule of Fees.

REQUIREMENT OF BOND

Whenever a person, firm, corporation, developer or other entity proposes to develop a commercial site that, in the opinion of the director of community development, constitutes a land disturbing activity which may pose a risk of drainage and/or siltation damage outside the boundaries of the project, such person, firm, corporation, developer or other entity conducting the land disturbing activity shall be required to submit a performance bond to the city prior to the issuance of a site disturbance permit.

At the time of approval of the site plan by the planning commission, the bond shall become effective and shall extend for a period of at least two (2) years following the issuance of the certificate of occupancy by the city. The bond shall be in the amount of ten (10) percent of the total cost for the performance of all site work on the said location with bond to cover such drainage, erosion and siltation damage, if any.

The director of community development or other administrative official as designated by the city council shall determine the prescribed bond, as well as the adequacy and the security thereon.

RELEASE OF BOND

At the expiration of two (2) years from the issuance of the certificate of occupancy, the director of community development shall determine if the drainage design implementation of the project has:

(a)

Been performed in accordance and functions within the parameters of the design standards as set forth by the project engineer;

(b)

Received from the project engineer a certificate of performance which states the drainage functions have been constructed in substantial accordance with the plans, specifications, and engineering guidelines;

(c)

Had any material adverse impact on any streams, waterways or third parties; and,

(d)

Complied with all ADEM regulations in effect at the time of said completion.

Upon the director of community development's receipt and evaluation thereof of the criteria as enumerated above and upon recommendation of the planning commission, the city shall release the developer and/or the bondholder from further obligations under said bond.

If it is determined that the requirements have not been met then the bond may be extended for one (1) six-month interval to allow the developer and/or bondholder additional time to correct the deficiencies which prohibited the release of bond. If a site contractor is unable and/or unwilling to satisfy the deficiencies as enumerated by the director of community development, the bond shall be forfeited with the bond being payable to the city for the direction of such work and/or activities necessary for the completion of the improvements. The developer and/or bondholder of the property thereof shall be liable for any additional cost incurred.

ISSUANCE OF BUILDING PERMIT

Upon approval of the site plan, either as submitted or with changes and/or special conditions required by the planning commission, the building official may issue a building permit for a portion or all of the proposed development provided the application is in compliance with all applicable city, county, as well as state and federal requirements.

(Ord. No. 2022-74, § 7, 1-3-23)

GENERAL

Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley. Parking shall comply with the minimum requirements noted.

PARKING SCHEDULE

_____

DESIGN STANDARDS

(a)

Definition: An off-street parking space is an all-weather surfaced area not in a street or alley, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by an all-weather surfaced driveway which affords unobstructed ingress and egress to each space.

(b)

Parking area dimensions: The design and dimensions of the standard parking area shall have a minimum nominal dimension of eighteen (18) feet in depth and nine (9) feet in width.

The design and dimension of handicap parking areas shall be in accordance with the Americans with Disabilities Act.

(c)

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

(d)

Paving standards: Parking spaces and driveways shall be paved to the standards established by the city.

(e)

Drainage: Off-street parking facilities shall be drained to prevent damage to abutting property and streets and to prevent pollutants from draining onto such streets and the adjacent lots. Landscape and perimeter areas shall be so graded as to direct runoff to the storm drainage system. The storm drainage system shall be designed to include water quality measures for the first one (1) inch of rainfall.

(f)

Off-street loading and unloading space: Off-street loading/unloading spaces shall be provided as hereinafter required by these district regulations.

(1)

Size of spaces: Each off-street loading/unloading space shall have minimum dimensions of fourteen (14) feet in height, twelve (12) feet in width, and fifty-five (55) feet in length.

However, upon sufficient demonstration a particular loading space will be used exclusively by shorter trucks, the planning commission may reduce the minimum length accordingly to as much as thirty-five (35) feet.

(2)

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

(3)

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

(4)

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

Article XVII, Procedures for Subdivision Review, of the Land Use Ordinance is incorporated herein by reference.

Article XVIII, Drainage and Stormwater Management Facilities and Erosion/Sediment Control, of the Land Use Ordinance is incorporated herein by reference.

PURPOSE

The intent of this section is to establish minimum standards for the provision, installation, and maintenance of landscape plantings and trees in order to achieve a healthy, beautiful, and safe community.

APPLICABILITY AND USE

(a)

Applicability: The provisions of this article apply to all projects within the district involving the construction of business and commercial structures, all existing structures which increases the gross floor area by thirty (30) percent or more, and other projects as required by the planning commission.

(b)

Use or ownership provision: In the event of a change in: (a) use of property, (b) occupancy, or (c) ownership regardless of name change to any business, commercial, or industrial development, it shall be the responsibility of the owner to comply with the provisions of this article within one hundred and eighty (180) days from the date in which the change occurs.

LANDSCAPE STANDARDS

(a)

Site plan review: A site plan shall not be approved by the planning commission without an acceptable landscape and irrigation plan.

(b)

Subdivision review: A subdivision shall not be approved by the planning commission without an acceptable landscape and irrigation plan, as the same is defined pursuant to the provisions of this section of the district regulations.

All subdivisions shall require a landscape plan for the common areas of the subdivision: the entrance, detention pond, and other areas which are deemed appropriate by the planning commission.

(c)

Interstate 10 North landscaping. To the extent the city has authority to do so, it authorizes the developer/owner to remove all trees in that portion of Interstate 10 which is north of the northern boundary of the district. Such removal is conditioned upon the following:

(1)

The prior submission to and approval by the planning commission of a landscaping plan prepared by the developer/owner;

(2)

Obtaining any necessary permits from the Alabama Department of Transportation for the installation of landscaping improvements within the area from which trees are removed; and,

(3)

The developer/owner's installation of the landscaping improvements according to the approved landscaping plan. Upon developer/owner's installation of the landscaping improvements according to the approved landscaping plan, the city shall assume the maintenance of said landscaping improvements in accordance with the approved landscaping plan and in compliance with any maintenance requirements of the Alabama Department of Transportation and any other applicable governmental entity.

Each owner of real property, its successors and or assigns in the district abutting any portion of Interstate 10 having landscaping installed pursuant to this section, shall be obligated to reimburse the city on a semi-annual basis for the city's public works department cost of maintaining that portion of the owner's real property fronting the Interstate. The city shall remit invoice to each such owner with payment due within forty-five (45) days of invoice.

Should each owner not pay said invoice within the time frame herein, the city shall have the right to charge interest at the State of Alabama statutory post judgment interest rate and the city shall further have the right to initiate appropriate civil action in such court having competent jurisdiction to recover said costs, plus reimbursement of reasonable attorney fees and cost associated herewith. The obtaining of any necessary permits from the Alabama Department of Transportation for the installation of landscaping improvements shall be the responsibility of the developer/owner.

(d)

Revisions to landscape plan: If proposed construction shall cause changes in the landscape or irrigation plan, a revised plan shall be submitted to the director of community development for re-evaluation.

(e)

Issuance of site disturbance permit: A landscape and irrigation plan shall be submitted for review by and the recommendation or other comments of the director of community development and shall be subject to the approval of the planning commission prior to the issuance of a site disturbance permit.

(f)

Compliance with landscape provisions: All subject properties, as well as those owned by the city, shall comply with the provisions of this article.

(g)

Certification and plan requirements: Landscape plans shall be drawn and stamped by a licensed landscape architect. The landscape plan shall be of professional quality and include the following:

(1)

Date, scale, north arrow, title, and names and contact information for property owner(s), developer, and the landscape architect.

(2)

Location of existing boundary line dimensions of the building site, existing water sources, significant drainage features, existing and proposed streets or alleys, existing or proposed utility easements on or adjacent to the building site, rights-of-way, setbacks, locations of proposed parking spaces, and location of existing and/or proposed sidewalks.

(3)

The location(s) and dimension(s) of the proposed landscaped areas within the parking area(s) including a description of new trees and plant materials to be placed within landscaped area(s). Both common and botanical names shall be included.

(4)

Locations, type, and design of the proposed irrigation system.

(5)

Location and species of buffer zone vegetation.

(h)

Certification by local landscape architect: Any and all landscape plans as required in this section shall, in addition to any other requirements, be reviewed and approved by a local landscape architect to be designated by the planning commission with the professional costs for such services to be reimbursed to the city by the party submitting the plans for approval. Such local landscape architect's review shall include the design, irrigation, location and type of planting, and any and all other criteria necessary so as to ensure that the planting and design is consistent with local standards.

If the local landscape architect's review fee is known at the time of the plan's submission, the submitting party shall pay the fee upon submission. Otherwise, the fee shall be paid by the submitting party within ten (10) days of receipt of a statement of the amount of the fee.

BUFFER ZONE REQUIREMENTS

Where a business district in the district abuts, without any intervening public road right-of-way, any part of an adjoining residential area, a buffer zone twenty (20) feet wide shall be required.

The buffer shall run the entire length of the abutting lot line(s). Under no circumstances shall this buffer impair vehicular flow and shall be part of the yard requirements. Said protection buffer shall be maintained in such a manner to accomplish its purpose continuously. This district shall comply with the following minimum standards and said buffer zone shall be constructed of at least one of the following three (3) designs or a combination thereof as determined by the director of community development and approved by the planning commission:

(a)

Wall or fence: If a wall or fence of solid appearance is provided as a protection buffer, it shall be at least six (6) feet in height and of a construction and a design recommended and approved by the planning commission.

(b)

Screen planting strip: A staggered double row of evergreen plantings at least ten (10) feet in width which will grow to at least ten (10) feet in height and spaced in a manner in which after three (3) years it will provide an impervious visual barrier.

(c)

Natural forest: Natural, undisturbed forest which provides a nearly impervious visual barrier due to the dense nature of the plants and/or trees. If this option is chosen, the width of the buffer zone shall be twenty-five (25) feet and shall be shown on the landscape plan. The director of community development shall determine whether the barrier is satisfactory via site inspection prior to approval.

OFF-STREET PARKING FACILITIES

The design and appearance of parking areas are intended to be compatible with the character of the community. Toward this objective, the following landscaping standards shall be observed in the construction of off-street parking areas which accommodate six (6) or more parking spaces:

(a)

At least fifteen (15) percent of the total lot area intended for off-street parking shall be suitably landscaped.

(b)

Interior portions of the parking area at intervals of twelve (12) parking spaces shall be broken by provision of landscaped islands. Such landscape islands shall include the placement of shade or flowering trees at least two and one-half (2½) inches or greater in caliper and ten (10) feet in height at planting.

(c)

Each separate landscaped area must be a minimum of two hundred eighty (280) square feet if it is to be counted toward the minimum landscaped area requirements.

(d)

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

(e)

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

(f)

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 director of community development.

(g)

Innovative landscape designs using "natural cluster of trees" rather than the required one (1) tree at intervals of twelve (12) parking spaces may be used if approved by the planning commission.

A.

Signs prohibited in this district. The following signs are prohibited:

(a)

Prohibited placement: Any sign erected or painted upon a sloped roof, fence, tree, stand pipe, fire escape, or utility pole is prohibited, except that a manufacturer's or installer's ID plate shall be permitted, provided that such plate does not exceed five (5) by eight (8) inches in size.

(b)

Prohibited wording: Any sign which is not a traffic control sign and uses the word "Stop" or "Danger" prominently displayed and/or which is a copy or imitation of official traffic control signs is prohibited.

(c)

Flashing signs prohibited:

(1)

General prohibition: Except as otherwise provided below, flashing signs, signs which contain intermittent illuminations and digital LED signs/reader boards are prohibited.

(2)

Exceptions: This subsection does not prohibit the following:

(a)

Signs required for traffic control; and,

(b)

Signs which exhibit time, date, temperature, and other customary public information.

(d)

Prohibited sign types: Portable signs, bench signs, snipe signs, sandwich signs, except as allowed in Article XXXIII, Sign Provisions of the Land Use Ordinance, ladder-type signs, billboard signs or off-premises signs. "Billboard" is defined as "an off-premises or off-site sign advertising an establishment, merchandise, product, service, or entertainment which is not sold, provided, manufactured, or furnished on the property on which said sign is located." "Off-premises sign" is defined as "a billboard or other sign on which any portion thereof relates to a premises (or activities thereon) other than the property on which said sign is located."

(e)

Prohibited sign effects: Signs which produce sound, noise, cause interference with radio, telephone, television or other communication transmission, produce or reflect motion pictures; emit visible smoke, vapor, particles, odor, are animated, or produce any rotation, motion, or movement.

(f)

Illuminated tubing:

(1)

General prohibition: Illuminated tubing or strings of lights that outline property lines, sales area, roof lines, doors, windows, wall edges, similar areas or other architectural features of a building are prohibited.

(2)

Exception: This prohibition shall not apply to temporary displays erected in connection with holiday decorations and community decorations.

B.

Permitted signs. The following signs are permitted, subject to review by the planning commission to determine compliance with the sign criteria provided below in this subsection B. and further subject to the requirement that permitted signs shall have internal illumination only.

The maximum allowable square footage established in each zoning designation and/or overlay district shall apply as provided in each district. Said allowable area shall not be exceeded. In the event that channel letters, as defined in Article VIII, Definitions, are proposed, then the maximum allowable square footage shall be calculated at a rate of eighty (80) percent in lieu of the standard rate of one hundred (100) percent.

(a)

Monument and pylon signs: Except as otherwise provided in these district regulations, the following monument and pylon signs are permitted in the district.

(b)

District interstate pylon sign: The developer/owner is permitted to install and maintain one (1) pylon sign at or near the Northeastern boundary of the district. This sign is permitted to have panels for multiple businesses in the district, provided that the panel space on each side of the district interstate pylon sign shall not exceed one thousand two hundred (1,200) square feet in the aggregate and no individual panel shall have more than three hundred and fifty (350) square feet or less than one hundred and fifty (150) square feet per side. The height of the interstate pylon sign shall not exceed one hundred and twenty (120) feet and shall be determined based on a sight line study obtained by the developer/owner and approved by the planning commission.

The sight line study shall consider the topographical elevation of the location of the district interstate pylon sign, the obstruction to the sign panels by trees and the Interstate 10 overpass at the northeast corner of the district, so as to insure that the top panel on the sign is visible traveling in both directions on Interstate 10.

Each lot in the district which borders Interstate 10 and either (A) has at least five hundred (500) front feet on Interstate 10, or (B) is located at the intersection of Interstate 10 and Alabama Highway 181, shall be permitted one (1) pylon sign at or near said lot's common boundary with Interstate 10.

Permitted individual lot interstate signs are not to exceed fifteen (15) feet in width, or forty-five (45) feet in height, and shall have a maximum area of three hundred (300) square feet per face. Lots in the district which border Interstate 10, other than those described immediately above, may not have such an individual lot pylon sign without a variance from the board of zoning adjustments.

(c)

Development signs: One (1) sign is permitted on Alabama Highway 181 and one (1) sign on U.S. Highway 90 identifying the development. Each side may also have panels beneath the development identification not exceeding one hundred and fifty (150) square feet each for multiple businesses within the district. Each sign shall not exceed thirty (30) feet in height.

(d)

Monument signs: Each lot having frontage on Alabama Highway 181, U.S. Highway 90, or any other public road or right-of-way within or abutting the district shall be permitted to have one (1) monument sign for each public road right-of-way which the lot abuts. The sign shall be placed perpendicular to the said highways and/or boulevards. The permitted sign shall not exceed fifty (50) square feet per face if the lot's frontage on the public road right-of-way is three hundred (300) feet or less, and shall not exceed one hundred (100) square feet per face if the lot's frontage on the public road right-of-way exceeds three hundred (300) feet. All monument signs shall have a pedestal and shall not exceed twenty-one (21) feet in height (including the pedestal).

No sign which qualifies under this definition shall be construed to have any supportive structure and/or structural elements of the sign bearing no advertising matter that would be exempt from calculating the square footage dimensions of the sign. The entire dimensions of the monument itself shall be computed for the maximum square footage per face allotted.

(e)

Directional signs: Directional signs shall be permitted at the intersection of all roads in the district. Directional Signs shall not exceed sixteen (16) square feet per face.

(f)

Wall-mounted signs: Each establishment in a shopping center or each business premises in B-1, Local Business, B-2, General Business, B-3, Professional, and C/I, Commercial/Industrial districts may acquire an additional permit for a wall-mounted sign of a size not to exceed the lesser of four hundred (400) square feet or forty (40) percent of the surface frontal area of the building. Signs mounted on mansards, marquees, and awnings are deemed to be wall signs.

In the Eastern Shore Park District each establishment which borders Interstate 10 may acquire an additional permit for an interstate-side wall mounted sign not to exceed fifty (50) percent of the wall mounted sign on the surface frontal area of the building. "Interstate-side" shall be deemed the side parallel to or predominately facing Interstate 10.

A business establishment with over forty thousand (40,000) square feet of building area may have one (1) additional wall-mounted sign of a size not to exceed one hundred (100) square feet for the purpose of advertising an accessory use or name identification.

A business with over one hundred thousand (100,000) square feet of building area may have two (2) additional wall-mounted signs of a size not to exceed one hundred (100) square feet each for the purpose of advertising accessory uses or name identification. No business establishment can have more than three (3) wall-mounted signs.

(g)

Menu type signs: One (1) menu type sign per drive-thru window service not to exceed forty (40) square feet in area or eight (8) feet in height.

(h)

Automobile dealerships: Automobile dealerships in the sale of the new vehicles shall be subject to the following:

(1)

Numeric limitation: Each lot on which an automobile dealership operates shall be permitted the following:

(a)

One (1) monument sign for each new automobile manufacturer line of cars offered on the lot, together with one (1) monument sign for used cars, if the same are for sale on the lot; and,

(b)

Lots operated as automobile dealerships and have a common boundary with Interstate 10 are permitted to have one (1) pylon sign as provided in section 37-15.B above of these district regulations.

(2)

Height limitation:

(a)

The monument signs shall not exceed twenty-one (21) feet in height; and,

(b)

Any pylon sign for lots adjoining Interstate 10 North shall not exceed forty-five (45) feet in height.

(i)

Gasoline and fuel signs: Gasoline or other motor vehicle fuel pricing signs, in addition to permitted name or identification signs, are permitted in any business or industrial district. Such signs shall not exceed twelve (12) square feet in area and must comply with the other applicable sign requirements for the district.

(j)

Temporary signage:

(1)

General provision: Temporary non-illuminated signs not more than thirty-two (32) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress. One (1) such sign, which shall not exceed ten (10) feet in height, is allowed for each street frontage. Such signs shall be removed upon completion of the project.

(2)

Temporary advertising sign: A temporary advertising sign will be permitted to the owner for the development for each individual business premises, shopping center premises, commercial/industrial business, subdivision, planned unit development, mobile home park and mobile home subdivision, provided the area of each sign shall not exceed thirty-two (32) square feet, is non-illuminated, and is within the confines of the development. These signs shall be the height no greater than ten (10) feet mounted from the ground, for no more than one (1) sign, either single or double faced, per street frontage.

(3)

Temporary promotional banners: Two (2) temporary signs or banners not exceeding fifty (50) square feet each in area and temporary decorative flags, bunting, pennants and streamers for recognizing grand openings are permitted. Said temporary banners shall be kept in good condition and shall be permitted no more than fourteen (14) days. Furthermore, decorative seasonal banners are permitted on light standards at all times, provided that the same are maintained in good condition.

(4)

Large promotional tents and tethered 3-D inflatables:

1.

One (1) promotional tent greater than one hundred forty-four (144) square feet in area may be used upon obtaining a permit from the code enforcement officer for no more than ninety (90) days per calendar year. Said tent should be located within the minimum setbacks of the property and sufficiently anchored or tethered to ensure safety. A plot plan showing the proposed location of the tent and the distance from the nearest property lines and public right-of-way shall accompany the permit application. Small promotional tents or those equal to or less than one hundred forty-four (144) square feet in area are exempt from these provisions.

2.

One (1) tethered inflatable three dimensional (3-D) object may be used upon obtaining a permit from the code enforcement officer for no more than ninety (90) days per calendar year. Said inflatable shall be setback at least one hundred (100) feet from the property line. The maximum height shall not exceed fifty (50) feet. A plot plan showing the proposed location of the 3-D tethered inflatable and the distance from the nearest property lines and public right-of-way shall accompany the permit application.

3.

Either one (1) promotional tent or one (1) tethered inflatable three-dimensional (3-D) object may be allowed at one (1) time. A promotional tent greater than one hundred forty-four (144) square feet shall not be erected at the same time that a tethered 3-D inflatable object is displayed.

(k)

No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated, until a permit has been issued by the code enforcement officer. Before any permit shall be issued an application prescribed forms, which shall indemnify and hold harmless the City of Daphne of all damages, all demands or expenses of every character which may in any manner be caused by the erection and use of said sign or sign structure, shall be filed together with drawings and specifications may be necessary to fully advise and acquaint the code enforcement officer with location, size, construction, materials, manner of illuminating, and securing or fastening, and number of size applied for in the wording of the sign or advertisement to be carried on the sign. A decision by the code enforcement officer shall be made within thirty (30) calendar days from the date of when the application is received. Further an application for a business license shall be a prerequisite for applying for a sign permit.

(Ord. No. 2014-11, §§ 7.01—7.03, 3-17-14)

The Eastern Shore Park Overlay District Map, Exhibit "D", is hereby adopted and as a part of this Ordinance, (See Appendix).