The following regulations apply to all developments provided for the accommodation of transient recreational vehicles, including travel trailers, campers, small mobile homes used for vacation purposes, motor homes and similar transient residential vehicles.

10.1.1

Recreational vehicle parks are uses permitted in R-3 Districts subject to the approval of the Planning Commission and the requirements of the following provisions.

10.1.2

No recreational vehicle park shall be located except with direct access to a county, state or federal highway, with a minimum lot width of not less than fifty (50) feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district.

10.1.3

The minimum lot area per park shall be two (2) acres.

10.1.4

Use of spaces in recreational vehicle parks shall be limited to travel trailers, mobile homes, motor homes, and campers with a maximum length, exclusive of hitch, of forty (40) feet.

10.1.5

Users of the spaces shall meet all other applicable laws. Spaces shall be rented by the day or week only and an account of such space shall remain in the same trailer park for a period of not less than ninety (90) days.

10.1.6

Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided:

10.1.6.1

Such establishments and the parking area primarily related to their operations shall not occupy more than ten (10) percent of the area of the park.

10.1.6.2

Such establishments shall be used in compliance with local regulations determined by the park management.

10.1.6.3

Minimum sanitary facilities shall include one (1) toilet, one (1) shower, and one (1) lavatory basin per twenty-five (25) camp sites in the park.

10.1.7

No space shall be so located that any part intended for occupancy for sleeping purposes shall be within thirty (30) feet of the right-of-way line of any major, or collector street, or of any minor street.

10.1.8

In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval of the county health department.

Mobile home parks as defined herein are uses permitted in an R-3 Zoning District subject to the provisions of this ordinance.

10.2.1

License. It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the Town of Elberta, Alabama, unless such a person shall first obtain a license therefor.

10.2.2

License Fees and Temporary Permit Fees.

10.2.2.1

The annual license fee schedule for mobile home parks shall be as adopted by the Town Council and reviewed periodically for amendment and updating.

10.2.2.2

The fee for a transfer of a license shall be twenty-five dollars ($25.00). Transfer of license shall be pre-approved by the Town Council.

10.2.3

Application for License.

10.2.3.1

Application for initial mobile home park license shall be filed with the Town of Elberta, Alabama. The application shall be in writing, signed by the applicant and shall include the following:

a.

The name and address of the applicant;

b.

The location and legal description of the mobile home park;

c.

The complete plan of the park in conformity with the requirements of this ordinance;

d.

Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the mobile home park;

e.

Such further information as may be required by the Planning Commission to enable it to determine if the proposed park will comply with legal requirements. Four (4) copies of the application and all accompanying plans and specifications shall be filed with the Town Clerk.

10.2.3.2

Upon application in writing by a licensee for renewal of a license and upon payment of the annual license fee, the Town shall issue a certificate renewing such license for another year, provided that the park is still in compliance with the requirements of this ordinance.

10.2.4

Location. Mobile home parks may be located in the R-3 Zoning District as established in this ordinance. Where any boundary of a park directly abuts property which is improved with a permanent residential building located within twenty-five (25) feet of such boundary, or directly abuts unimproved property which may under existing laws and regulations be used for permanent residential construction, a six-foot fence, wall, hedge or shrubbery screen shall be provided along such boundary.

10.2.5

Mobile Home Park Plan. The mobile home park, with minimum lot requirements, shall conform to the following requirements:

10.2.5.1

The park shall be located on a well-drained site, properly graded to ensure rapid drainage and free from stagnant pools of water.

10.2.5.2

Each park shall provide mobile home spaces, and each such space shall be clearly defined or delineated. Each space shall have an area of not less than five thousand (5,000) square feet and a width of not less than thirty (30) feet, and the average width of all spaces shall not be less than forty (40) feet; provided, however, that mobile home parks which, at the time of adoption of this ordinance, existed lawfully with mobile home spaces that do not comply with any of the foregoing minimum area and width or minimum average width requirements, may continue to operate and shall be excused from such compliance.

10.2.5.3

Mobile homes shall be so located on each space that there shall be at least a twenty-foot clearance between mobile homes.

10.2.5.4

All mobile home spaces shall abut a driveway of not less than twenty-four (24) feet in width, which shall have unobstructed access to a public street, alley or highway.

10.2.5.5

Walkways not less than two (2) feet wide shall be provided from the mobile home spaces to the service buildings.

10.2.5.6

Each mobile home space shall be provided with two (2) off-street parking spaces.

10.2.5.7

All driveways and walkways within the park shall be hard-surfaced and lighted at night with electric lamps of not less than two hundred and fifty (250) watts each, spaced at intervals of not more than one hundred (100) feet or placed on electric poles set at intervals designed by the electric company.

10.2.5.8

An electrical outlet supplying at least 120/140 volts, 100 amperes shall be provided for each mobile home space.

10.2.6

Water Supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park, to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four (4) inches above the ground.

10.2.7

Sewage and Refuse Disposal.

10.2.7.1

Each mobile home space shall be provided with a sewer at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and home harbored in such space and having any or all of such facilities. The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with any applicable ordinance or into a private sewer and disposal plant or septic tank system of such construction and in such a manner as will comply with the county health department requirements and present no health hazard.

10.2.7.2

Garbage receptacles. Garbage and trash disposal shall be in compliance with applicable Town ordinances.

10.2.8

Fire Protection. Every park shall be equipped at all times with fire extinguishing equipment in good working order of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the fire department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time. A six-inch water line with a fire plug shall be provided for each thirty (30) mobile homes (e.g., 31 require 2 fire plugs).

10.2.9

Animals and Pets. Ownership and care of dogs, cats or other pet animals shall be in compliance with applicable Town ordinances.

10.2.10

Tie-downs and Anchors. It shall be unlawful for any persons including, but without limitation, owners of mobile home parks and owners and/or occupants of mobile homes within the park, to place, maintain, or occupy any mobile home unless such mobile home is equipped with tie-downs and anchors meeting or exceeding standards of the Building Code.

10.2.11

Common Recreation Facilities. Not less than ten (10) percent of the total area of any mobile home park shall be devoted to common recreational areas and facilities, such as playgrounds and swimming pools. Ways for pedestrians and cyclists shall be away from streets, and play areas for small children or other recreational areas in block interiors.

Common recreational areas shall not include streets or parking areas, shall be closed to automotive traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.

10.2.12

Supervision. The licensee or permittee, or a duly authorized attendant or caretaker shall be in-charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this ordinance to which the licensee or permittee is subject.

10.2.13

Revocation of License. The Town of Elberta, Alabama, may revoke any license to maintain and operate when the licensee has been found guilty by a court of competent jurisdiction of violating any provision of this ordinance. After the correction of such condition and the payment of the penalties imposed by law and assurance given to the Building Inspector that such condition will not be repeated, then the Building Inspector may issue a new license.

(Ord. of 6-17-2003)

All mobile homes, whether on wheels or on piers or other type of foundation, shall be skirted and maintained.

Within the R-3 District permitting apartments, townhouses and condominiums the following requirements shall apply:

10.4.1

No more than eight (8) continuous apartments, townhouses and condominiums per floor shall be built in a row with approximately the same front line.

10.4.2

No side yard is required except that on corner and interior lots the end of the building in any grouping shall conform to the side yard requirements of the district.

10.4.3

No more than thirty-five (35) percent of the lot area shall be occupied with buildings.

10.4.4

Insofar as practicable, off-street parking facilities shall be located under habitable floors of buildings or grouped in bays, either adjacent to streets or in the interior of blocks, and no off-street parking shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve.

10.4.5

All multi-family developments shall be in compliance with applicable Town ordinances and/or health department regulations for public or private water and sanitary sewer systems.

10.4.6

All other requirements within the district in which the apartments, townhouses or condominiums are located shall prevail.

10.5.1

Accessory Uses. Any use may be established as an accessory use to any permitted principal use in any district provided that such accessory use:

10.5.1.1

Is customarily incidental to and is maintained and operated as a part of the principal use;

10.5.1.2

Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated;

10.5.1.3

Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or pollutants, in a greater amount than customarily created by principal use;

10.5.1.4

Is not located in minimum exterior yard; and

10.5.1.5

In residential districts an accessory use will conform to the following requirements:

a.

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore, such requirements applicable to the main building shall apply.

b.

A detached accessory building shall not be closer than five (5) feet to the lot line; not more than one (1) story in height, may be constructed on not more than thirty (30) percent of the rear yard.

c.

No detached accessory building may be located on the front yard of a lot nor on a lot by itself.

d.

Attached or detached accessory structures less than one-third the area of the principal residence may be used for living quarters provided such structures do not contain kitchen facilities. Such accessory residences may also be constructed above a garage or other storage building provided they do not exceed the height limitation for the zoning district in which they are located.

10.5.2

Temporary Buildings. Temporary buildings or mobile type trailers used in conjunction with construction work only, may be permitted in any district and shall be removed immediately upon completion of construction. Temporary Buildings/Structures (i.e., prefabricated sheds, carports, etc.) located in residential districts may be permitted pursuant to zoning setbacks and building code requirements for securing said building/structure.

10.5.3

Fallout Shelters. Fallout shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

10.5.3.1

If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the Building Inspector.

10.5.3.2

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

10.5.3.3

Fallout shelters may contain or be contained in other structures or may be constructed separately.

10.5.4

Home Occupations. Home occupations shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupation shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic or any other condition which would constitute an objectionable use of residentially zoned property.

10.5.4.1

Limitations on type of home occupations are as follows:

a.

Area used for a home occupation shall not exceed twenty (20) percent of the gross floor area in the principal building.

b.

The home occupation shall be confined entirely to the principal building or to an accessory building or outside storage with the twenty (20) percent of gross floor area applying.

c.

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment of help other than members of the resident family. In no case shall more than two (2) persons be engaged in the home occupation.

d.

No internal or external addition, alteration, or remodeling of the dwelling is permitted in connection with the home occupation.

e.

No chemical, mechanical or electrical equipment that creates odors, light, glare, noises, or interference in radio or television reception detectable outside of the dwelling shall be permitted.

f.

No display of products shall be visible from the street and only articles made on the premises may be sold; except that nondurable articles (consumable products) that are incidental to a service, which service shall be the principal use in the home occupation, may be sold on the premises.

g.

Instruction in music, dancing, and similar subjects shall be limited to two (2) students at a time.

h.

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

i.

One professional or announcement sign may be used to identify the customary home occupation. Such sign shall not exceed one and one-half (1½) square feet in area exposed to view and must be mounted flat to the main wall of the principal building. No such sign shall be directly illuminated.

j.

Customary home occupations shall not include the following:

1.

Uses which do not meet the provisions listed above.

2.

Automobile and/or body and fender repairing.

3.

Barber shops and beauty parlors.

4.

Food handling on a large-scale basis, processing or packing.

5.

Repair, manufacturing and processing uses; however this shall not exclude the home occupation of a dressmaker where goods are not manufactured for stock, sale or distribution.

6.

Restaurants.

7.

Uses which entail the harboring, training, raising or treatment of dogs, cats, birds or other animals.

10.5.5

Satellite Receiving Dishes. Satellite receiving dishes are permitted accessory uses in any district, provided they comply with setback, height, and other standards of this ordinance. In any district the dish antenna shall be located to the rear of the front building line and must be setback ten (10) feet from any interior or rear lot line. Special setbacks indicated herein apply on corner lots. The dish antenna together with the principal building and accessory building may not exceed the maximum lot coverage permitted in the district in which it is located. In residential districts where the antenna is detached from the main building, its maximum height may not exceed fifteen (15) feet. When roof mounted, it must conform to the zoning district's height limits.

10.5.6

Radio and TV Antennas. Private radio and TV antennas for individual homes or for amateur use are permitted as accessory structures in any district and may be placed on roof or in rear or side yards so that they do not occupy more than fifty (50) percent of said yard, nor come closer than five (5) feet to any right-of-way or property line. Antennas in excess of the normal height limitations for the district in which they are located are subject to approval and permit by the Building Inspector. Said permit shall include a clause that shall indemnify, hold harmless and protect the Town against any and all liabilities that may result from the erection and use of such radio and TV antennas. Antennas must be properly constructed in compliance with the requirements of the Federal Communications Commission (FCC), the American Radio Relay League, Inc. (ARRL), or equivalent standards and good engineering practices as determined by the Town Engineer.

(Ord. of 6-15-2003)

Within the districts permitting automobile service stations, the following requirements shall apply:

10.6.1

Location. The property on which an automobile service station is located shall not be within one hundred (100) feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children, elderly or dependents.

10.6.2

Site Requirements. An automobile service station shall have a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum lot area of twenty-three thousand (23,000) square feet. All buildings shall be setback forty (40) feet from all street right-of-way lines, fifty (50) feet for major arterials, and all canopies shall be setback fifteen (15) feet from all street right-of-way lines.

10.6.3

Access to Site. Vehicular entrances or exits at an automobile service station:

10.6.3.1

Shall not be provided with more than two (2) curb cuts for the first one hundred twenty (120) feet of street frontage or fraction thereof.

10.6.3.2

Shall contain an access width along the curb line of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than ten (10) feet to the adjoining property.

10.6.3.3

Shall not have any two driveways, or curb cuts, any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street.

10.6.4

Gasoline Pump Islands. All gasoline pump islands shall be setback at least fifteen (15) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line, and where pump islands are constructed perpendicular to the right-of-way line, they shall also be at least fifteen (15) feet from the right-of-way. However, the pumps shall be at least sixty (60) feet from the center line of an arterial street, fifty-five (55) feet from the center line of a collector street and forty-five (45) feet from the center line of other streets.

10.6.5

Off-Street Parking. A minimum of two (2) off-street parking spaces are required with an additional off-street parking space for each lubrication or wash bay.

10.6.6

Other Site Improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

10.6.6.1

A raised curb of at least six (6) inches in height shall be erected along the street property lines, except for driveway openings.

10.6.6.2

A solid fence or wall not less than six (6) feet nor more than eight (8) feet in height plus a hedge or shrubbery screen shall be erected along all adjacent property lines facing any adjacent residential lot.

10.6.6.3

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

10.6.6.4

Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

10.6.6.5

All driving, parking storage and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

10.6.7

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

All signs shall encourage a positive visual environment in harmony with the natural beauty of Elberta.

10.7.1

General Provision. The following shall apply:

10.7.1.1

No sign, unless herein excepted shall be erected, constructed, posted, painted, altered, maintained, or relocated on property other than that of the business being advertised on same and until a permit has been issued by the Building Department.

10.7.1.2

Any permitted sign shall be subject to the size and height limitation imposed by this Ordinance for the use district in which said sign is located, except as otherwise provided herein.

10.7.1.3

No outdoor advertising sign or sign structure shall be placed upon any street or highway right-of-way except as otherwise provided herein.

10.7.1.4

No outdoor advertising sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway intersection.

10.7.1.5

No outdoor advertising sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape.

10.7.1.6

No portion of any projecting outdoor advertising sign shall be less than eight (8) feet above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than fifteen (15) feet above the level of a public driveway, alley or street.

10.7.1.7

Signs shall be harmonious with the environment and with the nature of our special local characteristics of site, aesthetic tradition, and development potential. Signs made of natural woods and materials featuring earth tones and indirect external lighting are encouraged.

10.7.1.8

No sign shall be larger than seventy-five (75) square feet, except where the name of a building or firm is to be attached across the front of a building.

10.7.1.9

A sign permit shall be null and void if the sign for which the permit was issued has not been completed and erected within a period of six (6) months from the date of issuance of the permit.

10.7.2

Nonconforming Signs. Any sign in existence on the date of adoption of this ordinance that is not in conformance with the requirements of this ordinance shall be considered a nonconforming sign and shall be permitted to continue to exist subject to the following conditions:

10.7.2.1

If any nonconforming sign is removed or destroyed or becomes fifty (50) percent or more structurally deteriorated, or repair/replacement costs exceeds 50% of the appraised value of the sign, as determined by the Building Inspector, then the replacement sign shall be in conformance with the requirements of this ordinance.

10.7.2.2

Where a change in use, occupancy or ownership occurs which necessitates the altering of a sign in any manner, the altered or changed sign shall be in conformance with the requirements of this ordinance.

10.7.2.3

Any nonconforming sign prohibited under Section 10.7.4 of this ordinance shall be removed or made to conform within ninety (90) days of the date of adoption of this ordinance.

10.7.2.4

The Board of Adjustment may, in special cases and for good reason, and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary or unique hardship, permit the erection of a sign not in conformance with the requirements of this ordinance, and at its discretion, may require the posting of a bond in sufficient amount to protect the Town against all liabilities that may result from the erection and use of such sign.

10.7.2.5

No permits for additional signs shall be issued for any premises on which there are nonconforming signs.

10.7.3

Exempt Signs. The following signs are exempt from the provisions of this ordinance and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the current building codes:

10.7.3.1

Official traffic signs or sign structures, or municipal information signs and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency.

10.7.3.2

Changing the copy on a bulletin board, poster board, display encasement, marquee, or changeable copy type sign.

10.7.3.3

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 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.

10.7.3.4

Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation and not for the sole purpose of advertising, except where a vehicle is offered for sale.

10.7.35

Weather flags for providing information on weather conditions; one (1) set for each premises.

10.7.3.6

Real estate signs, temporary in nature, non-illuminated, not exceeding six and one-half (6½) square feet in area, advertising real estate for sale or lease or rent, or announcing contemplated improvements of real estate; one (1) sign for each street frontage.

10.7.3.7

Temporary decorative flags, bunting, banners, pennants, streamers, and signs for recognizing holidays, conventions, grand openings, festivals, fund raisers, and other commemorative occasions authorized by the Zoning Enforcement Officer or Building Inspector. Said temporary decorations and signs shall be removed as soon as the commemorative occasion is over (no later than 72 hours); otherwise temporary decorations and signs shall be subject to the requirements of Section 10.7.7.5, Note 5, of this ordinance.

10.7.3.8

Political signs, are exempt from the permit requirements of this Ordinance but are subject to the following regulatory controls:

1.

Political signs shall not be erected, constructed, posted or painted on any public right-of-way, utility pole, tree, bench, fence, awning, stand pipe, nor attached to any Town, County, State or Federal roadway marker, directional sign or informational sign.

2.

Political signs shall not be attached to any existing identification announcement or pricing signs for any business or commercial establishment.

3.

Political signs shall not be located in such a manner as to materially impede the view of any street or highway intersection or to adversely affect ingress or egress from parking lots or driveways.

4.

Political signs may be placed on private property in any zoning district within the jurisdiction of the Town.

a.

Political signs in residential districts shall not exceed four (4) square feet in area or four (4) feet in height.

b.

Political signs in business, commercial and industrial districts shall not exceed fifteen (15) square feet in area or eight (8) feet in height.

5.

Political signs not more than four (4) square feet in area may be attached to private or commercial vehicles used for transportation or business purposes.

6.

Customary size party balloons imprinted with a political ad may be tethered to any political sign, provided such balloons do not rise more than four (4) feet above the sign to which they are attached and that not more than two (2) such balloons are attached to any one (1) sign.

7.

Political signs may be placed only after a candidate has qualified to run for office and must be removed within five (5) days after the election.

10.7.3.9

This space left blank for future use.

10.7.3.10

Non-advertising directional signs or symbols (e.g., entrance, exit, caution, slow, no trespassing) located on and pertaining to a parcel of private property, not to exceed two (2) square feet.

10.7.3.11

One (1) identification sign, with or without bulletin board per street frontage for public, charitable, educational or religious institutions, located on the premises of said institution and not exceeding seventy-five (75) square feet.

10.7.3.12

Memorial signs and historical markers, constructed of bronze, stone, or other incombustible material, after historical authentication and location is approved by the Building Inspector.

10.7.3.13

One (1) each professional, announcement, or occupational sign non-directly illuminated and flat wall mounted, and/or one (1) each outdoor advertising sign for privately owned premises or business location, provided the area of the sign or the combined areas of both signs, if two (2) signs are erected, does not exceed five (5) square feet, and provided the premises or business location is without a permitted sign.

10.7.3.14

Noncommercial yard or garage sale temporary signs not exceeding eight (8) square feet erected on private property and which display the date(s) and address of the sale. Said signs shall be removed as soon as the sale is concluded.

10.7.3.15

Signs attached to machinery or equipment which advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps, provided the combined area of such signs does not exceed eight (8) square feet.

10.7.3.16

Window signs which identify or advertise activities, services, goods, or products available within the building.

10.7.3.17

One (1) each business or professional identification sign mounted to extend vertically below a marquee or canopy, provided its area does not exceed six (6) square feet nor exceed the width of the marquee or canopy nor provide less than nine (9) feet of clearance above the sidewalk or pedestrian thoroughfare.

10.7.4

Signs Prohibited in All Districts. The following signs are prohibited in all use districts:

10.7.4.1

Any sign erected or painted upon a fence, tree, standpipe, fire escape or utility pole, except the manufacturer's or installer's ID plate which shall not exceed 5x8 inches in size.

10.7.4.2

Any sign which uses the word "Stop" or "Danger" prominently displayed and/or which is a copy or imitation of official traffic control signs except where such words are a part of an attraction title for a theater or other similar event or purpose.

10.7.4.3

Signs which contain flashing or intermittent illuminations, except as required for traffic control. Changing the copy on a bulletin board or changeable copy type sign which displays customary public information, such as time, date, temperature or other such information is deemed not to be flashing or intermittent illuminations.

10.7.4.4

Portable signs, snipe signs, sandwich signs, or ladder type signs.

10.7.4.5

Permanent signs that produce sound or noise; cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; are animated or produce any rotation, motion or movement.

10.7.4.6

Billboards and off-premises signs.

10.7.5

Maintenance and Removal of Signs.

10.7.5.1

All signs shall be maintained in good condition and appearance. The Building Inspector, after due notice in writing to the owner, may cause to be removed, at owner's expense, any sign which shows neglect or which appears abandoned or which becomes dilapidated or dysfunctional, or where the area for a distance of ten (10) feet around such sign is not kept free of weeds, rubbish, debris, or uncut grass.

10.7.5.2

Any sign associated with premises that have been vacated shall be either removed from the premises by the owner or lessee within three (3) months of the time of the vacation, or said sign shall be altered or resurfaced by the owner or lessee within the same time period so that it does not display letters, numerals, symbols, figures, designs, or any other device for visual communication that would pertain to the activity formerly associated with the vacated premises.

10.7.5.3

The Building Inspector shall remove or cause to be removed any sign erected or maintained on any public right-of-way within the town, or which is in violation of any of the provisions of this ordinance.

10.7.5.4

The erection or maintenance of any sign in violation of this ordinance is a misdemeanor and shall be subject to the penalties set forth in Article XII Section 12.9 of this ordinance.

10.7.6

Traffic Control Devices on Private Property. When the owner of real property allows it to be used by the public for the purpose of vehicular traffic and/or as a public or quasi-public parking lot for the use of customers, tenants or employees of said property, the owner shall erect and maintain all traffic control signs and other devices in accordance with the Alabama Manual on Uniform Traffic Control Devices, and any revisions thereof. In addition, the owner shall meet the requirements of Section 32-5-31(a) of the Code of Alabama, 1975 [Code of Ala. 1975, § 32-5-31(a)], with respect to local authorities in their respective jurisdictions.

10.7.7

Permitted Signs.

10.7.7.1

Unless otherwise specified in this ordinance, the schedule in Section 10.7.7.5 contains requirements for signs permitted in each use district.

10.7.7.2

Signs indicating the name of any fixed dwelling or mobile home subdivision; mobile home park; apartment, townhouse, condominium, office park, shopping center, industrial park or other residential or business complex permitted in any district; and signs for any use permitted by Right, with planning approval or as a special exception in any residential district, are permitted. Such signs shall not exceed fifty (50) square feet in area per face, two (2) faces, twenty-one (21) feet in height, and one (1) such sign per street frontage.

10.7.7.3

Signs permitted under Section 10.7.7.2 shall require a permit unless otherwise excepted elsewhere in this ordinance.

10.7.7.4

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 twenty-four (24) square feet in area and must comply with the other sign requirements for the district in which they are located.

10.7.7.5

Schedule of Permitted Sign Requirements.

10.7.8

Savings Clause. If any section, clause, provision, or portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of the Ordinance which is not in and of itself invalid or unconstitutional.

10.7.9

Amendment and Repealer. This Ordinance shall amend the Zoning Ordinance of the Town of Elberta, Alabama so as to replace former Section 10.7 governing Signs of the Zoning Ordinance of the Town of Elberta, Alabama and said Section of said Ordinance is hereby repealed, however, any repeal of said former Section shall not affect any rights and privileges for enforcement of any violation thereof which existed at the time of the adoption of this Ordinance which would remain a violation under this Ordinance.

10.7.9.1

Effective Date. This Ordinance shall take effect upon adoption and shall be published as required by law.

NOTES

1) Signs for any residential use permitted in any nonresidential district must comply with the requirements for signs permitted in residential districts.

2) Each establishment in a shopping center or each business premises in G-B and M-1 districts may acquire an additional permit for one front or side wall mounted sign of a size not to exceed the lesser of three hundred (300) square feet or twenty (20) percent of the front or side surface area of the building or portion of building. Signs mounted on mansards, marquees, and awnings are deemed to be wall signs.

3) 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, mobile home park, and mobile home subdivision, provided the area of each sign shall not exceed thirty-two (32) square feet, is non-illuminated, mounted from the ground within the confines of the development and the height no greater than ten (10) feet for no more than one (1) sign, either single or double faced, per street frontage. Permits shall be issued for a period of one (1) year. An additional one (1) year permit may be issued if the Building Inspector has determined that the promotion of the development is active and the temporary sign meets the maintenance requirements in Section 10.75 of this ordinance. The temporary sign will be removed when a permitted permanent sign is erected.

4) A temporary sign will be permitted on each premises for a new business or a business starting a new location where the premises is without a permitted permanent sign for a period of not more than sixty (60) days or until mounting of a permanently permitted sign, whichever occurs first, provided the temporary sign does not exceed thirty-two (32) square feet, is non-illuminated, mounted from the ground to a height not to exceed ten (10) feet. Said sign may be single or double faced.

5) Temporary decorative signs, flags, pennants, banners, streamers, bunting, flying paraphernalia, and tethered inflatable signs may be permitted to a premises owner for no more than thirty (30) continuous calendar days in any six (6) month period.

6) A permanent or temporary sign, erected on private or public property, not exceeding nine (9) square feet to denote the route to any city, town, village, historic or religious place, shrine, public building or facility, school, hospital, healthcare facility, public meeting or public event when authorized by the Zoning Enforcement Officer and Mayor.

7) All existing off-premises signs and billboards are hereby grandfathered until such time as any such existing off-premises sign or billboard is removed or so damaged or destroyed as to require maintenance or repair to the structure when applying sound construction principles to the sign or billboard and same poses a threat to fall or cause a hazard. Any replacement signs or billboard shall be in conformance with the provisions of this Ordinance. No new off-premises signs or billboards will be permitted in any zone, nor shall a permit be issued for any permitted on-premises sign for any premises on which there exists a grandfathered non-conforming sign or billboard unless the non-conforming sign or billboard is first permanently removed. No repairs or maintenance shall be allowed to non-conforming signs. Repairs and maintenance shall not be the changing of removable signage.

(Ord. of 6-17-2003)

Within the districts permitting cemeteries, the following requirements shall apply.

10.8.1

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

10.8.2

Any new cemetery shall be located on a site containing not less than twenty (20) acres and must meet the State of Alabama Health Department Regulatory Requirements.

10.8.3

All structures shall be set back no less than twenty-five (25) feet from any property line or minor street right-of-way.

10.8.4

All graves or burial lots shall be set back not less than twenty-five (25) feet from any property line or minor street right-of-way lines, and not less than fifty (50) feet from any collector or arterial street.

10.8.5

The entire cemetery property shall be landscaped and maintained.

10.8.6

An application must be made to the Board of Adjustment for any extension of existing cemeteries.

10.9.1

General. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use set forth or as otherwise provided in this ordinance.

10.9.1.1

The required number of parking spaces for any number so separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sundays, may be assigned to a use which will be closed at night or on Sundays.

10.9.1.2

Areas reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the Planning Commission.

10.9.1.3

Off-street parking existing on the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use except along Highway 98 between Alabama Street and Illinois Street where the Planning Commission can waive the parking requirements as same is available along the public way(s).

10.9.1.4

For existing commercial uses in any business district and other similar areas desiring to build or expand but unable for good and sufficient reason to provide parking at the standard required in the following schedule, the Board of Adjustment may grant relaxation of the strict application of these requirements on appeal, subject to the regulations governing appeals and variances.

10.9.2

Parking Decks. Where business and multi-family unit developments require large numbers of parking spaces, such spaces may be accommodated in parking decks provided that no such parking deck shall exceed three (3) levels above ground or twenty-five (25) percent of the height of the principal structure, whichever is greater.

10.9.2.1

Parking deck design shall be compatible with the design of the principal structure. Parking deck plans must be submitted together with the building site plan and must be approved by the Town Engineer and the Planning Commission.

10.9.2.2

Required landscaping and additional parking, if required, shall be provided at ground level around the parking deck and principal structure so that the entire development is aesthetically pleasing. In no case shall the ratio of impervious surface to open space exceed 1:5.

10.9.3

Parking Schedule.

10.9.3.1

Dwellings.

10.9.3.2

Public Assembly.

10.9.3.5

Health Facilities.

10.9.3.4.

Business.

10.9.3.5

Industries.

10.9.3.6

Any use not specified by these regulations shall require one parking space for each three hundred (300) square feet of gross floor area in the building. Where the use is mixed, total requirements for off-street parking shall be the sum of the requirements for the various uses computed separately.

10.9.4

Design Standards and Improvement Requirements.

10.9.4.1

Definition. Any off-street parking space is an all-weather surfaced area not in a street or alley and having an area of not less than one hundred seventy-one (171) square feet and minimum dimensions of 9'x19', exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords unobstructed ingress and egress to each space.

10.9.4.2

Permit. A parking area permit approved by the Building Inspector shall be required for any parking area with a design capacity for six (6) or more vehicles.

10.9.4.3

Parking area dimensions. The design and dimensions of the parking area shall be in accordance with the following dimensions table:

10.9.4.4

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

10.9.4.5

Paving standards. Parking spaces and driveways shall be paved to standards established by the Town of Elberta.

10.9.4.6

Drainage. Off-street parking facilities shall be drained to prevent damage to abutting property and streets and to prevent pollutants from draining onto the adjacent lots. Landscaped areas and perimeter areas shall be so graded as to receive a reasonable portion of the rainfall from the surrounding pavement. Protective curbing around landscaped areas will leave openings for the flow of water onto unpaved areas.

10.9.5

Landscaping. The design and appearance of parking areas is intended to be compatible with the character of the community. Toward this objective the following standards shall be observed in the construction of off-street parking areas accommodating six (6) or more parking spaces.

10.9.5.1

At least ten (10) percent of the total interior area intended for off-street parking shall be suitably landscaped;

10.9.5.2

Such landscaping to include the placement of shade trees at intervals of approximately twelve (12) parking spaces; such trees shall be a minimum height of eight (8) feet at planting;

10.9.5.3

Interior portions of the parking area shall be broken by provision of landscaped islands;

10.9.5.4

A maximum of twelve (12) parking spaces in a row will be permitted without an island;

10.9.5.5

Each separate landscaped area must be a minimum of ninety-five (95) square feet if it is to be counted toward the minimum landscaped area requirements;

10.9.5.6

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

10.9.5.7

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.

10.9.6

Off-street Loading and Unloading Space. Off-street loading/unloading spaces shall be provided as hereinafter required by this ordinance.

10.9.6.1

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 that a particular loading space will be used exclusively by shorter trucks, the Planning Commission may reduce the minimum length accordingly to as little as thirty-five (35) feet.

10.9.6.2

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

10.9.6.3

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

10.9.6.4

Floor area less than 10,000 square feet. There shall be provided for each commercial or industrial building requiring the receipt or distribution of materials or merchandise and having a floor area of less than ten thousand (10,000) square feet, sufficient off-street loading/unloading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

10.9.6.5

Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

10.9.6.6

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

10.9.6.7

Permanent reservation. Areas reserved for off-street loading/unloading in accordance with the requirement of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified except where equivalent loading/unloading space is provided and approved by Planning Commission.

10.9.7

Off-Street Parking; Loading/Unloading Spaces for Mini-Warehouses.

10.9.7.1

All one-way driveways shall provide for one ten-foot travel lane. Traffic direction and parking shall be designated by signing or painting.

10.9.7.2

All two-way driveways shall provide for one ten-foot parking lane and two twelve-foot travel lanes.

10.9.7.3

Whenever applicable, two (2) parking spaces shall be provided for the manager's quarters plus one (1) additional space for every twenty-five (25) storage cubicles to be located at the project office for use of clients.

10.9.8

Controlling Curb Cuts; Vision Clearance. The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

10.9.8.1

Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than fifty (50) feet to other curb cuts or closer than fifty (50) feet to any intersection of two (2) streets measured along the curb line.

10.9.8.2

Vision clearance. In all use districts, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of two and one-half (2½) and ten (10) feet from the street level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of a street intersection with a railroad line.

10.9.9

Storage and Parking of Trailers and Commercial Vehicles.

10.9.9.1

Commercial vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

a.

No more than one commercial vehicle per dwelling shall be permitted if parked or stored behind the front building set back line; and in no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted.

b.

Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or stored behind the front building setback line.

c.

A travel trailer shall not be occupied permanently while it is parked or stored in any area unless it is in a trailer park authorized under this ordinance.

d.

A junked vehicle, or one that cannot be moved under its own power, shall not be permitted to be located on or near lots with dwelling units. These junked autos shall be confined to junk yards.

(Ord. of 6-17-2003)

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

10.10.1

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 (exclusive of storage of finished products in original sealed containers).

TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED
(GALLONS)*

No operation shall discharge, or cause to be discharged, liquid or solid waste into public waters unless in conformance with the provisions of the Alabama Department of Environmental Management and the Alabama State Board of Health Statutes and any regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the county health department and appropriate permitting agency.

10.12.1

Purpose. The purpose of this section is to establish minimum standards for wireless telecommunications facilities. The underlying principles of these standards are to:

a.

Achieve a balance among the number, height, and density of wireless telecommunications facilities that is appropriate for our communities;

b.

Encourage and maximize the use of existing and approved towers, buildings and other structures to accommodate new wireless telecommunications facilities;

c.

Ensure the compatibility of towers with, and avoid adverse impacts to, nearby properties; and

d.

Discourage the proliferation of towers throughout the Town of Elberta.

10.12.2

Definitions.

Accessory structure compound. A fenced, secured enclosure in which a wireless telecommunications facility and its equipment, buildings, access roads, parking area and other accessory devices/auxiliary structures are located.

Alternative support structure. Any structure other than a wireless telecommunications tower, which may include, but is not limited to, buildings, water towers, light poles, power poles, telephone poles, and other essential public utility structures.

Antenna. An electromagnetic device which conducts radio signals, through an attached cable or wave guide, to or from a radio transmitter or receiver. Typically this includes "whips," "cornucopia horns," "panels," and parabolic "dishes."

Antenna support structure. Any structure on which telecommunications antennas and cabling can be attached. Typically this includes steel towers with guy-wires (guyed towers); wooden, steel or concrete single poles (monopoles); self-supporting steel towers with three or four "legs" (self-supporting/lattice towers); rooftops of existing buildings or structures (such as elevated water storage tanks). (See also Tower.)

Co-location. The placement of more than one wireless communications antenna by one or more telecommunications service providers on a single existing or new antenna support structure.

Concealment techniques. Design techniques used to blend a wireless telecommunications facility, including any antennas thereon, unobtrusively into the existing surroundings so as to not have the appearance of a wireless telecommunications facility. Such structures shall be considered wireless telecommunications facilities and not spires, belfries, cupolas, or other appurtenances usually required to be placed above the roof level for purposes of applying height such as building bulk, massing, and architectural treatment of both the wireless telecommunications facility and surrounding development. Concealed towers on developed property must be disguised to appear as either a part of the structure housing, a principal use, or an accessory structure that is normally associated with the principal use occupying the property. Concealed towers developed on unimproved property must be disguised to blend in with the existing vegetation. Example: a tower of such design and treated with architectural material so camouflaged to resemble a woody tree with a single trunk and branches on its upper part (also known as a "monopine").

FAA. Federal Aviation Administration.

FCC. Federal Communications Commission.

Height. When referring to a tower or other structure, the distance measured from the ground level at the base of the tower to the highest point on the tower or structure, including if said highest point is an antenna placed on a structure or tower.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antenna, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. (See also Antenna support structure.)

10.12.3

Procedures and standards.

a.

Where permitted. Wireless telecommunications facilities shall be permitted by special exception in all zoning districts. Antennas located on existing towers (co-location antennas) and antennas located on alternative support structures shall be permitted by right.

b.

Height.

1.

Antennas located on alternative support structures shall not exceed 15 feet in height above the existing structure on which they are placed.

2.

Tower height shall be limited to 180 ft.

c.

Setbacks. Towers (but not guys and accessory structures) may be placed no closer than a distance equal to the height of the wireless telecommunications facility from any residential structure on adjacent property. Where a tower is permitted in a zoning district adjacent to any residential district the required setback from all residentially zoned property lines shall be a distance equal to the height of the tower.

d.

Co-location.

1.

No new antenna support structure shall be permitted unless the applicant demonstrates that no existing antenna support structure can accommodate the applicant's needs.

2.

No signage, symbols, or advertisements may be attached to the pole, tower or antenna.

3.

Monopole structures shall have the ability to accommodate at least one (1) additional set of antennas. Guyed structures and self-supporting towers shall have the ability to accommodate at least two (2) additional sets of antennas.

e.

Aesthetics. The aesthetic properties of each individual wireless telecommunications facility shall be approved as part of the site plan review process.

1.

Appearance. The design of the tower shall be of a type that has the least visual impact on the surrounding area.

(a)

Towers and antennas shall be painted a neutral or blending color so as to reduce visual obtrusiveness, unless subject to any applicable FAA standards. If an antenna is installed on a structure other than a tower, the antenna and supporting telecommunications facilities must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure.

(b)

No signage, symbols, or advertisements may be attached to the pole, tower or antenna.

(c)

Towers camouflaged to resemble woody trees or indigenous vegetation in order to blend in with the native landscape will be subject to administrative review, as are types of concealment techniques (see Concealment techniques).

2.

Accessory structures.

(a)

The design of the compound and its accessory structures shall, to the extent possible, maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.

(b)

In or adjacent to developed properties, accessory structures must be aesthetically and architecturally compatible with the surrounding environment. Materials such as wood, brick, and stucco should be used as appropriate. The use of metal or metallic-looking materials shall be prohibited.

3.

Non-vegetative screening.

(a)

Non-vegetative screening will be required when it is necessary to reduce the visual impact of a wireless telecommunications compound on adjacent public ways, properties or the neighborhood in which it is located. In or adjacent to developed properties, non-vegetative screening shall be provided in a manner that is compatible with the surrounding character of development, buildings, natural vegetation, and landscaping. Such screening, as required and subject to site plan review, shall have a minimum height of 8 feet, and may consist of one of the following: brick masonry walls, solid wood fencing, berms, or opaque barriers. All non-vegetative screening shall be properly maintained by the property owner or lessor.

(b)

In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or developed heavy industrial areas, the non-vegetative screening requirement may be reduced.

(c)

Wireless telecommunications facilities utilizing underground vaults rather than above ground equipment buildings may be exempted from screening requirements.

4.

Landscaping.

(a)

Landscaping will be required to reduce the visual impact of the compound and its accessory structures on adjacent public ways, properties or the neighborhood in which it is located. In or adjacent to developed properties, landscaping shall be provided in a manner that is compatible with the surrounding character of development, buildings, and natural vegetation.

(b)

The perimeter of the compound shall be landscaped with a buffer of plant materials that effectively screens the view of the compound from adjacent property and public ways. The standard buffer shall consist of a landscaped strip of at least five (5) feet wide outside the perimeter of the compound. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

(c)

A row of trees a minimum of eight (8) feet tall and a maximum of 10 feet apart shall be planted around the perimeter of the compound fence. A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line.

(d)

All landscaping shall be of the evergreen variety. All landscaping shall be xeriscape tolerant or irrigated and properly maintained by the property owner or lessor to ensure good health and variety.

f.

Lighting.

1.

Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. If lighting is required, "dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Lighting must be shielded or directed upward to the greatest extent possible so as to minimize the amount of light that falls onto nearby properties, particularly residences.

2.

Basic security lighting for the compound may be permitted, but shall be focused only on the compound itself, and shall be directed away from any adjacent property.

g.

Environmental impact. All wireless telecommunications facilities shall comply with the National Environmental Policy Act. If an environmental assessment is required by the Federal Communications Commission (FCC), a copy of the assessment, as well as documentation of the FCC's subsequent approval thereof, must be submitted at the time of application.

h.

Safety.

1.

Radio frequency. The applicant shall be required to submit documentation that the proposed wireless telecommunications facility complies with the FCC standards for radio frequency emissions, as adopted by the FCC on August 1, 1996.

2.

Structural. A Professional Engineer shall certify that all antenna support structures and wireless telecommunications equipment are erected and/or installed so as to comply with the co-locations requirements of this ordinance, wind loading and other structural standards contained in the building Code as adopted by the Town of Elberta and the applicable technical codes established by the Electronic Industries Association (EIA/TIA 22-E "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures) or the Telecommunications Industry Association. This shall apply to new and modified structures and facilities.

3.

Security of site. Fencing shall be required to ensure that antenna support structures and their accessory buildings are fully secured. Sufficient anti-climbing measures must be incorporated into each facility, as needed, to reduce potential for trespass and injury.

i.

Obsolete towers. In the event the use of any wireless telecommunications facility has been discontinued for the period of 180 days, the wireless telecommunications facility shall be deemed to be abandoned. Determination of the date of the abandonment shall be made by the Building Official. Upon such abandonment, the owner/operator of the wireless telecommunications facility shall have an additional 180 days within which to reactivate the use of the wireless telecommunications facility to another owner/operator who makes actual use of the wireless telecommunications facility, or dismantle and remove the wireless telecommunications facility.

10.101

Aboveground pools in residential districts may be allowed with the following conditions:

a.

Pool pumps and related equipment visible from the street must be properly screened from view.

b.

Barriers must be installed to prevent unauthorized access to the pool and pool area during all hours. Barriers for aboveground pools must meet the requirements of Section 315.2.1.10 of the Standard Swimming Pool Code.

10.102

Below or in-ground pools in residential districts may be allowed with the following conditions:

a.

In-ground pools must be properly permitted by the Building Official and meet all requirements of the Standard Swimming Pool Code and all other applicable codes and ordinances as adopted by the Town of Elberta.

b.

Pool pumps and associated pool equipment visible from the street must be properly screened from view.

c.

Setback requirements for in-ground pools shall be the same as that required for detached accessory structures with the exception that pools may be located no closer than five feet from the primary residence.

d.

Material that has been excavated to allow installation of an in-ground pool shall be disposed of properly.

e.

Screened enclosures or other types of structures surrounding or enclosing in-ground pools must meet the same property line setback requirements as detached or attached accessory structures.

(Ord. of 6-17-2003)