(a)

Protection buffer: In any business or commercial/industrial district, an operation not conducted within a building such as drive-in business, outdoor recreation, outdoor storage of materials, and outdoor servicing activities occurs shall be enclosed by a wall or fence as a protection buffer or adequate screening. In any district where reference is made requiring a protection buffer for a specified operation, said screening shall be a wall or fence of a solid appearance, shall be at least six (6) feet in height, and of a construction and design approved by the planning commission and/or a staggered double row of Evergreen plantings at least ten (10) feet in width which shall grow to at least ten (10) feet in height and spaced in a manner which after three (3) years will provide an impervious visual barrier. Said protection buffer shall be maintained by the owner of the property in order to conceal such areas or facilities from a residential district adjoining, facing, across a street, in the rear, or on the side of the principal building or use. See also "Dumpsters, Trash Refuse and Recycling Containers," herein.

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

(b)

Lighting: Outdoor lighting, of all types, shall be directed as to reflect away from all residential dwellings and public rights-of-way.

(c)

Administration and enforcement: The code enforcement officer may cause the removal, replacement, repair, and/or correction at the owner's expense, any screening, lighting, and space improperly maintained.

No building or land shall hereafter be used or occupied, no building or a part thereof be erected, constructed, moved, or altered, except in conformity with the regulations for the zoning district in which the development is to occur, except as otherwise provided herein.

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

No building shall hereafter be erected, constructed, or altered so as to exceed the height requirement specified in the regulations for the zoning district in which the development is to occur, except as otherwise provided herein.

The height requirement for the various districts shall not apply to church spires, belfries, cupolas, penthouses, or domes not used for human habitation, to chimneys, ventilators, skylights, water tanks, parapet walls, cornices, radio and television antennas, or necessary mechanical appurtenances usually carried above the level thereof, provided such features are limited to the height necessary for their proper functioning.

Mechanical equipment, chimneys, air conditioners, elevator penthouses, church spires and steeples, water towers, parapet walls and similar appurtenances are excluded from height restrictions. However, the exclusions apply only to those elements that are appurtenant to the structure. The excluded element shall not exceed the maximum height by more than fifteen (15) feet.

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

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

(a)

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

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

The following shall apply:

(a)

No development or operation shall discharge, cause to be discharged, liquid or solid waste into public waters unless it is in conformance with the provisions of the Municipal Separate Storm Sewer System (MS4) permit of the City of Daphne, the Alabama Department of Environmental Management, the Alabama State Board of Health Statutes and any regulations promulgated there under.

(b)

The developer or operator shall be responsible for meeting established standards and upon request shall supply the city, county, state, federal, and/or other permitting authority with the information necessary to determine compliance with these standards within ten (10) business days.

(c)

Plans and specifications for proposed sewerage, industrial waste treatment, and disposal facilities shall be submitted to and approval obtained from the Baldwin County Health Department, Daphne Utilities or the appropriate permitting agency.

(d)

The City of Daphne's National Pollutant Discharge Elimination System (NPDES) permit-Number AL 00000002, and the MS4 Municipal Separate Storm Sewer System permit shall be adopted as a reference to address stormwater discharge within the city limits.

(1)

Discharge into the Daphne MS4 (Municipal Separate Storm Sewer System) shall be in compliance with authorized discharges of the National Pollutant Discharge Elimination System (NPDES) permit as provided in part I, Authorized Discharges.

(2)

All state NPDES permitted discharges shall be required to connect to the sanitary sewer for additional treatment to minimize the potential for pollutants entering the City of Daphne's MS4.

(3)

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

(4)

The connection, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person, firm, corporation, entity or agent is considered to be in violation of the MS4 Ordinance if the person, firm, corporation, entity or agent connects a line conveying sewage or sewerage to the MS4, or allows such a connection to continue.

(5)

The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as prescribed as follows:

(a)

Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated-typically less than one (1) PPM chlorine), fire fighting activities, and any other water source not containing pollutants.

(b)

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

(c)

Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of testing.

The review of oil and gas exploration and production activities under the requirements of this Ordinance shall not duplicate the regulatory activities of the Alabama Department of Environmental Management, the U.S. Army Corps of Engineers, Alabama Department of Conservation and Natural Resources, State Lands Division or the Alabama State Oil and Gas Board.

The planning commission shall permit oil or gas exploration and production in any zoning district following administrative review and assurance that all required federal and state permits have been obtained and that adequate environmental safeguards and guarantees required under the permits have been addressed.

A traffic impact analysis shall be required for proposed high density and high intensity developments. Said analysis shall be performed by a credentialed professional licensed to perform such service. The results and any corrective measures necessary shall be included as part of, and in addition to, the requirements for preliminary subdivision plat and/or site plan review and approval.

The water supply protection district or the well head protection area (WHPA) district is created for the purpose of promoting the public health, safety, and welfare through the protection of public water supplies from the danger of water pollution and contamination in compliance with the Safe Drinking Water Act of 1974. Regulations within these areas are established to prevent water quality degradation due to pollutant loadings within aquifer recharge areas and within the watersheds of surface public water supplies.

(a)

Boundaries: The well head protection area (WHPA) is hereby established. The boundaries shall be amended in the same manner as any other zoning district permitted by the Land Use and Development Ordinance, and may be amended in accordance with the provisions of Article III, Amendments to the Zoning District Map.

The boundaries of the WHPA are determined by the individual public utilities owning and operating public water wells and are based on their individual source water assessment plans and well head protection plans. The public water utilities include Daphne Utilities, Park City Water Authority, and Belforest Water Authority.

This district shall be in addition to and shall overlay all other zoning districts where it is applied, so that any parcel of land lying in such an overlay district shall lie in one (1) or more other zoning districts provided for by the Land Use and Development Ordinance. The effect is to create a new district that has the characteristics and limitations of the underlying district, together with the characteristics and limitations of the overlying district.

(b)

Prohibitions: No use shall be hereafter established except in conformity with these regulations, except as otherwise provided herein. It is the responsibility of the developer/owner to show proof of compliance with the requirements.

The following uses are prohibited: manure spreading, animal processing facilities, junk yards, auto salvage yards, graveyards, cemeteries, wood preserving facilities, fertilizer and/or pesticide storage and/or production; any establishment for warehousing, production, processing, assembly, manufacture, preparation, compounding, cleaning, servicing, testing, or repair of materials, goods or products which generates, stores, treats, utilizes and/or disposes of a hazardous or toxic material or waste, as set forth in Title 40, Code of Federal Regulations, Parts 116.4 and 261.30 et seq., shall submit the following information with any application for a proposed development or use.

(c)

Exceptions:

(1)

Written requests for uses not herein defined or not listed as either a permitted use or a prohibited use may be submitted to the planning commission. The planning commission shall review said request as per Article XV, Site Plan Review.

(2)

All requests shall be accompanied by an environmental assessment report that is prepared by a licensed, qualified engineer. Said report shall be forwarded to the applicable water utility for recommendation. Such recommendations shall be considered in the final decision of the planning commission.

(3)

Any exceptions granted shall be conditional and may include a requirement for environmental and safety monitoring consistent with local, state and federal requirements.

(d)

Permitted uses: The following are considered permitted uses within the WHPA. Uses not listed below may or may not be permissible, depending upon the determination of planning commission as provided in section 10-10(b), Well Head Protection Area, Prohibitions. Uses listed as prohibited, shall not be permitted.

(1)

Parks, provided there is a no on-site waste disposal or fuel storage tank facilities associated therewith;

(2)

Wildlife areas;

(3)

Non-motorized trails, such as biking, nature and fitness walks;

(4)

Municipally-sewered residential developments, free of flammable and combustible liquid underground storage tanks;

(5)

Agricultural uses in accordance with the Baldwin County Soil Conservation Department's Best Management Practices Guidelines;

(6)

Municipally-sewered business developments, except the following. The following uses may be considered by the planning commission through the exception process as outlined in exceptions provided above.

(a)

Above-ground storage tanks;

(b)

Asphalt products manufacturing;

(c)

Automotive service and repair garages, body shops and painting;

(d)

Chemical storage, sale, processing and manufacturing plants;

(e)

Dry cleaning establishments;

(f)

Electronic circuit assembly plants;

(g)

Electroplating plants;

(h)

Exterminating shops;

(i)

Foundries and forge plants;

(j)

Industrial liquid waste storage areas;

(k)

Infiltration ponds;

(l)

Metal reduction and refinement plants;

(m)

Motor and machinery service and assembly shops;

(n)

Paint products manufacturing;

(o)

Petroleum products manufacturing;

(p)

Photographic studies including the development of film and pictures;

(q)

Plastics manufacturing;

(r)

Pulp and paper manufacturing;

(s)

Storage, manufacture, or disposal of toxic or hazardous materials;

(t)

Underground petroleum, products storage tanks for industrial, commercial, residential or other uses;

(u)

Woodworking and wood products manufacturing.

(e)

Regulations applying to WHPA: In addition to the regulations applicable to the underlying zoning district or districts, the following regulations shall apply to all parcels located within the WHPA and shall be provided to supplement each applicable site development application. Such information shall be referred to the community development staff and the appropriate community water utility staff for review in accordance with the provisions of applicable laws and ordinances. When deemed appropriate, environmental programs manager or the appropriate community water utility staff may furnish a copy of the application and supporting information to the Directors of the Alabama Department of Environmental Management, the Alabama State Department of Health, and other appropriate agencies for further review.

(1)

A listing of all toxic and hazardous materials and wastes that will be generated, utilized, stored, treated, and/or disposed on site;

(2)

A soils report describing the nature and characteristics of the soils covering the site;

(3)

A description of surface and groundwater characteristics of the site and the surrounding area within three hundred (300) feet of site boundaries;

(4)

A description of all spill prevention, containment, and leakage control measures proposed by the applicant, for all toxic and hazardous materials and wastes generated, utilized, stored, treated, and/or disposed of on the site, including an emergency spill response plan;

(5)

A letter from the environmental programs manager of the City of Daphne, concurred with by the applicable water utility authority, that the proposed use complies with all applicable adopted laws, ordinance and regulations;

(6)

An inventory of all existing and proposed wells, septic tanks, injection wells, and similar facilities on the site, whether in use or not;

(7)

Any other proposed or existing activities on the site that might impact groundwater quality;

(8)

A copy of any applicable permits under the National Pollutant Discharge Elimination System, Federal Wetlands regulations, or other provision of the Clean Water Act, or pursuant to the Endangered Species Act, National Environmental Policy Act, or similar legislation intended to address water pollution.

(f)

Separation distances: The following setbacks shall be maintained and shall not be modified except by the board of zoning adjustment.

MINIMUM SEPARATION FROM A PUBLIC WELL

In the event that stormwater runoff is directed toward, or may enter, an opening in the ground that provides access to the groundwater table (e.g., well, sinkhole, etc.), the developer shall present a mitigation plan to ensure that no pollutants enter the groundwater table during construction. Additionally, the developer shall, in concert with the applicable community water utility and the environmental programs manager, take steps to ensure that any such openings are protected from any future surface water infiltration. This may be accomplished by permanently closing such openings, or by taking other steps acceptable to the planning commission.

(g)

Requirements for existing facilities: Existing facilities are defined as those which may cause or threaten to cause environmental pollution within a well field's recharge area which include, but are not limited to facilities with underground storage tanks (U.S.T) facilities with hazardous waste permits granted by ADEM.

Existing facilities shall provide the following:

(1)

Copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results to the department of community development, environmental programs manager and the public community water utility.

(2)

Additional environmental or safety structures/monitoring as deemed necessary by the environmental programs manager, department of community development, and the public community water utility which may include but is not limited to stormwater management and monitoring.

(3)

Replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(4)

Shall have the responsibility of devising and filing with the department of community development and the public community water utility a contingency plan satisfactory to the environmental programs manager and utility for the immediate notification of City of Daphne and utility personnel in the event of an emergency or possible groundwater contamination.

(h)

Private wells:

(1)

It is the intent of this Ordinance to eliminate by attrition all private water wells located within the WHPA of the city and where a public community water system is available.

(2)

No private water well may be created for human consumption if a public community water system is available and has the capacity to serve the development.

(3)

No new private water wells for human consumption may be constructed within the WHPA. Private water wells for any purpose other than human consumption, including irrigation wells, must apply for a private well construction permit.

(4)

Any individual or entity proposing to construct a private water well outside of the WHPA but within the planning jurisdiction of the city, must apply for and obtain a private well construction permit from the building official. The community water utility will review the application and make a determination of the health or contamination hazard posed to the public water supply by the private water well and will provide written recommendation for approval or disapproval to the building official.

(5)

Determination of health or contamination hazards by utility may be based on, but not limited to:

(a)

Depth and size of proposed private well;

(b)

Water production design of proposed private well;

(c)

Proximity to public water well;

(d)

Quality of existing water supplies;

(i)

Enforcement:

(1)

In the event that an individual and/or facility causes the release of any contaminants which endanger the WHPA, the individual and/or entity responsible shall immediately stop the release and clean up the release to the satisfaction of the city, utilities, state and federal regulatory agencies.

(2)

The individual/facility responsible for the contamination shall be responsible for all cleanup, and may include all of the following:

(a)

City and/or utility consultant fees for the oversight, review and documentation.

(b)

The cost of city or utility equipment employed.

(3)

Following such release or discharge, the city may require additional testing, monitoring and/or bonds/securities.

For any commercial, institutional, industrial or multi-family development there shall be provided and maintained properly enclosed trash/garbage disposal and recycle containers. All nonresidential uses utilizing city garbage containers shall enclose all refuse collection and storage areas in accordance with this subsection.

(a)

Such containers shall be located behind the front building line; and other such considerations shall be given to a location where the containers can be adequately screened from public view.

(b)

Trash/garbage disposal shall be set on concrete pads sized as recommended by the disposal company and screened on three (3) sides to fully screen all refuse containers from public view.

(c)

Walls shall be constructed of masonry materials that match the main colors and materials of the associated building they serve. Opaque gates, designed to complement the screen, shall be installed for access.

(d)

Any enclosure intended for screening dumpsters, refuse areas, or recycling containers that contains a compaction unit shall include a floor drain within the containment pad that is tied directly to the sanitary sewer system in accordance with the standard specifications for sanitary sewers.

(e)

Any enclosures provided for restaurants or other eating establishments shall be sized to accommodate the storage of grease barrels in addition to dumpsters and recycling containers.

(f)

To allow for dumpster gates to remain closed as often as possible, either a pedestrian door or a wall offset for pedestrian access shall be provided.

(g)

Screening shall not compromise safety by obstructing any required clear sight triangle, by blocking access to any above-ground, pad-mounted transformer (minimum clear distance required by the utility company shall be provided), nor by impeding or diverting the flow of water in any drainage way.

(h)

The minimum height for screening shall be that which is sufficient to visually separate the uses and shall also meet the following standards:

(1)

Fences used to screen dumpsters shall be at least two (2) feet higher than the container.

(2)

Berms used for required screening shall be a minimum height of four (4) feet with a maximum slope of three to one (3:1). Berms in excess of four (4) feet shall have a maximum slope of four to one (4:1) measured from the lot line. Berms shall be landscaped and stabilized to prevent erosion.

(3)

Shrubs used for required screening shall be evergreen; at least thirty (30) inches high when installed; spaced closely together so as to create a hedge, but not farther than five (5) feet on center; and be shrub species that shall attain an average normal growth height of five (5) feet to six (6) feet within four (4) years.

(4)

Trees used for required screening shall be evergreen and at least six (6) feet in height at installation.