The purpose of this article is to promote the health, safety, convenience, order, prosperity, and general welfare of residents and to facilitate the goals, objectives and recommendations of the Comprehensive Plan through the development of regulations that help maintain the character of the City of Daphne and to encourage proper development in the community by governing the size, location, physical dimensions, setbacks and other standards of self-service vending machines larger than five (5) feet in width, three (3) feet in depth, and seven (7) feet in height, and other similar uses in each district established in this Ordinance; to prevent disruptions, obstructions and hazards to vehicular and pedestrian traffic that may result from these uses; to minimize the possible adverse effect on nearby public and private property; and to encourage a positive visual environment in harmony with the natural aesthetics of the City of Daphne.

No self-service vending unit or other similar use shall be located in the City of Daphne except in accordance with the provisions provided herein. This article intends to regulate outdoor self-service vending units, kiosks, or similar uses which exceed fifteen (15) square feet in area and seven feet in height. This article does not propose to regulate indoor vending machines.

(a)

Portable vending machine: Any unattended self-service device that, upon insertion of money, credit cards, check cards, token, or similar means, dispense something of value including food, beverages, goods, and merchandise. Such vending machine requires an electrical permit only. Such vending machine does not require a city business license or site plan approval, and are not larger than five (5) feet in width by three (3) feet in depth by seven (7) feet in height.

(b)

Ice vending machine: A modular unit or structure that produces, stores, bags and or vends ice to the consumer in an automated fashion located inside of a business or similar use. Such vending machine may not require a city business license or site plan approval, if considered part of an established business.

(c)

Self-service vending unit: Self-service vending unit is a stand-alone vending machine larger than five (5) feet in width by three (3) feet in depth by seven (7) feet in height that may operate without full time service personnel. These units are activated by the insertion of money; the product is automatically or dispensed in bulk outside to the consumer. In addition to site plan review by the planning commission, several permits and approvals including but not limited to electrical, plumbing, sewer connection, city business license, and health department certification may be required. It should be noted that all independently owned and operated establishments and vending franchises under contract to lease space must acquire a separate business license.

(d)

Similar uses: Any unattended self-service distribution unit that, upon insertion of money, credit cards, check cards, token, or similar means, dispense something of value, an automated convenience stores and/or any other automated vending use except those defined herein as portable vending machine and/or vending machine.

Self-service vending units and other similar uses shall be prohibited in the Olde Towne Daphne District and the Village Overlay District.

Self-service vending units or other similar use may be permitted in a B-2, General Business, district by planning commission approval upon site plan review and in a C/I, Commercial Industrial, district by right upon administrative review of site plan by the director of community development or designee thereof. Such uses shall be prohibited in all other zoning districts. Permitted uses must comply with the requirements of the district in which it is located, unless a variance from such requirements is specifically requested and granted by the board of zoning adjustment.

Prior to making any improvements, the developer/owner shall submit to the planning commission a site plan of the project for review in accordance with procedures established in Article XV, Site Plan Review. These items shall be received in the department of community development not less than thirty (30) days prior to a regularly scheduled meeting of the planning commission at which meeting the site plan is to be formally submitted for review.

Where permitted, self-service vending units shall comply with the following minimum standards:

(a)

Self-service vending units may be a primary use of property or as an accessory to an existing business or commercial entity. Said uses would need to be considered compatible with a convenience store, car wash, grocery store, camp ground, marina, shopping center, shopping mall, RV park and large recreational event locations.

(b)

A self-service vending unit may be permitted as a principal or accessory use along a collector road or a major thoroughfare in areas with high pedestrian activity. Said units shall not be located on a residential street.

(c)

Where such self-service vending unit such as a self-service ice, movie, or similar unit is proposed as a principal use of property, no additional outside portable vending machines shall be permitted, unless deemed appropriate by the planning commission.

(d)

A self-service vending unit shall be no closer than one hundred (100) feet to any single-family residential district.

(e)

No self-service vending unit shall encroach into the minimum required setback or adjacent parking for a previously permitted use. Except where directly abutting an existing business or commercial establishment, additional setbacks may be required if deemed appropriate by the planning commission.

(f)

Architectural features of any self-service-vending unit shall be complementary to existing development in the immediate area. Building elevations shall be submitted with each application considered for approval, and will be appropriate as deemed by the planning commission.

(g)

The foundation of each unit shall be screened by skirting, foundation plantings, landscaping, and anchored per building code requirement(s) to the subgrade to resist hurricane force winds.

(h)

Roof-mounted or other equipment on top of the unit shall be screened by a parapet wall.

(i)

Within thirty (30) calendar days of the closure or ceasing of operations of any self-service vending unit, all equipment and incidentals shall be removed from the premises.

(j)

Applicants shall acquire approval from the planning commission or where applicable the director of community development, and the Baldwin County Health Department prior to the issuance of a City of Daphne business license or permits by the building official.

(k)

No vending machine shall be placed on or next to any public or building sidewalk that would inhibit the path of any handicap person or violate any ADA requirement.

All signage shall be provided in accordance with Article XXXIII, Sign Provisions, except where otherwise provided herein. Signs incorporated on machinery or equipment shall be in accordance with the provisions enumerated in Article XXXIII, Sign Provisions, Signs Incorporated on Equipment or Machines except that upon receipt of a sign permit, the total allowable amount of signage for a self-service ice vending shall be an amount not to exceed the lessor of thirty (30) square feet in area or thirty (30) percent of the surface frontal area of said ice machine. Placement of said signage shall be limited to no more than two (2) sides of said machine.

(Ord. No. 2015-25, § I, 5-26-15)

Where a self-service vending unit is proposed as a primary use of property, requirements of Article XIX, Landscape Provisions, of the Land Use and Development Ordinance shall apply.

(a)

Where a self-service vending unit is proposed as an accessory to an existing business location that has an approved site plan on record in the department of community development and that has adequate off-street parking, no additional parking shall be required. In no case shall the addition of said unit create nonconformity in the parking requirements of the original business.

(b)

Where a self-service vending unit is proposed as a primary use of property, four (4) off-street parking spaces shall be provided per unit. All parking spaces shall be designed in accordance with the parking requirements in Article XVI.

(a)

Ingress and egress shall be located where such will not impede pedestrian or vehicular traffic flow.

(b)

Where used as an accessory to an existing business, the existing access or driveway shall be utilized, unless deemed inappropriate by the planning commission.

No accessory structure shall be allowed except an enclosed trash container which shall be located to the rear of the machine or in a location deemed appropriate by the planning commission.

The allowable unit size shall be determined on a case-by-case basis by the planning commission. It shall depend upon size of the site, lease space, site location, and the potential impact of the proposed use on the surrounding properties. In no case shall a self-service vending unit be more than two hundred (200) square feet in area.

Any self-service vending unit located within the corporate limits prior to the enactment of this article, or located on property prior to its annexation, which does not conform to the provisions as set forth by this article, is eligible for characterization as a "legal nonconforming" self-service vending unit or other similar use and is permitted.

If a legal nonconforming self-service vending unit is after the adoption of this article, structurally altered, abandoned, discontinued, relocated or replaced, including the result of a natural disaster or weather related event, such unit shall be removed where prohibited, and otherwise replaced with a conforming unit.

Legally nonconforming self-service vending unit shall be either removed, replaced with a conforming machine by three (3) years from the date in which the property is annexed into the corporate limits. It is intended that this provision shall ensure that those who hold legally nonconforming status will recoup initial investment costs and remaining useful life of such machine. It is further intended that this provision shall not deprive any owners of property rights without just compensation so as to avoid the occurrence of a taking. It is envisioned that the time period allotted herein shall allow for amortization and depreciation of such units based upon the following factors: initial investment costs, remaining useful life, length of time of ownership of the premises, the building, maintenance expenditures, cost of removal and replacement.