The Town of Elberta, Alabama, is hereby divided into zoning districts as listed and described below and as shown on the official zoning district map, for the purpose of:

8.1.1

Providing a residential environment free of incompatible uses, safe from natural and manmade hazards;

8.1.2

Promoting, where possible, planned residential, commercial, and industrial areas in appropriate locations, with appropriate standards and minimum service cost to local government;

8.1.3

Providing a compact, convenient urban pattern for urban areas;

8.1.4

Providing a level of flexibility of control sufficient to promote innovation and creativity in community development and to encourage maximum living comfort and convenience at lowest cost; and

8.1.5

Promoting the comprehensive plan for the town.

8.2.1

R-A Rural Residential Agricultural District. This district provides for large, open, un-subdivided land that is vacant or is being used for agricultural, forest or other rural purposes. District regulations are designed to protect the essentially open character of the district until it is timely to reclassify the land to appropriate residential, commercial or industrial categories.

8.2.2

R-1 Low Density Single-Family Residential District. This district is provided to afford opportunity for choice of low density suburban residential environment consisting of single-family homes on large parcels of land.

8.2.3

R-2 Medium Density Single-Family Residential District. This district is intended as a medium density single-family urban residential district, with lots of moderate size.

8.2.4

R-3 High Density Single-Family, Multi-Family and Mobile Home Park District. This district is intended to provide for a higher density of single-family structures on smaller lots than those allowed in the R-1 and R-2 districts, duplexes, apartments and mobile home parks. The intent of this district is to provide opportunity for high density residential development in specified areas. Within this district it is also considered suitable to include other uses of a type deemed to be compatible with a good high density living environment by providing for needed community services. Public or community water and sewer facilities are required.

8.3.1

N-B Neighborhood Business District. This district is intended to provide for limited retail convenience goods and personal service establishments in residential neighborhoods and to encourage the concentration of these uses in one location for each residential neighborhood rather than in scattered sites occupied by individual shops throughout a neighborhood. This district also provides for establishments of a professional nature and is restricted to offices and businesses which provide specific corporation functions or professional services to the general public but not the sale of wholesale goods.

8.3.2

G-B General Business District. This district is intended to provide opportunity for activities causing noise and heavy traffic, not considered compatible in the more restrictive business district. These uses also serve a regional as well as a local market and require location in proximity to major transportation routes. Recreational vehicle parks, very light production and processing activities are included.

8.3.3

B-1 Central Business District. This district is a more restrictive business district that is intended to provide for limited retail and personal service establishments.

(Ord. of 6-17-2003)

The intent of this section is to provide an opportunity for the best use of land, protection of valuable natural features in the community, provision of larger areas of recreational open space and more economical public services. The purpose of this provision is to encourage the unified development of tracts of land by permitting, within the confines of an overall density limitation, much more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of zoning districts established in this Zoning Ordinance. The following classes of planned unit developments are established:

8.4.1

"A" Fixed Dwelling Planned Unit Developments. A group of two (2) or more fixed dwelling structures, together with other permitted uses, on a parcel of ground of adequate size that is suitable for the intended use and in single ownership, with not less than sixty (60) feet of frontage on a public street which frontage shall serve as the principal means of access to the property.

8.4.2

"B" Mobile Home Planned Unit Residential Developments. Within the scope of the general purpose of Planned Developments, the purpose of this class is to recognize the increasing demand for the mobile home development type of residential area, and to provide for the appropriate development of such areas. It is intended to provide locational requirements and development standards which will lead to the development of stable and desirable mobile home parks, compatible with other uses in the vicinity.

Plans may be submitted for any parcel of land suitable for the intended use that is in single ownership and zoned appropriately, for a mobile home planned unit development.

8.4.3

Ownership. In complying with the foregoing classes "A" and "B" single ownership shall be construed to include the following:

8.4.3.1

A person, partnership or corporation.

8.4.3.2

An association of property owners, legally bound to one another, to carry out the provisions of this section for development and operation of a Planned Unit Development, likewise legally bound to execute the agreements as provided hereinafter.

8.4.3.3

The owner's association of a condominium project, established under the provisions of Alabama law, which has the power to execute the agreements as provided for hereinafter.

(Ord. of 6-21-2005)

The following general regulations shall apply to all Planned Unit Developments and require that such developments:

8.5.1

Shall be in conformity with the City's Comprehensive Plan or portion thereof as it may apply.

8.5.2

Shall be consistent in all respects with the purposes and intent of this Ordinance.

8.5.3

Will advance the general welfare of the City and immediate vicinity.

8.5.4

Will provide, through desirable arrangement and design, benefits which justify the deviations from development standards which would otherwise apply.

8.5.5

Shall also be reviewed and approved according to the Subdivision Regulations section of this Ordinance if it is determined that the development is a subdivision according to the laws of Alabama.

The following development regulations shall apply to all Planned Unit Developments:

8.6.1

Provisions of residential districts as applicable, shall generally be adhered to in all Planned Unit Developments.

8.6.2

All land proposed in the project for residential use, including outdoor use of space, off-street parking, interior drives and other circulation ways, may be counted in complying with the density requirements.

8.6.3

For any single-family or two-family dwelling or any dwelling unit in a townhouse or condominium building, there shall be a privately occupied area such as a: patio, balcony, deck, porch, courtyard, etc.

This private space shall include the space occupied by such dwelling or dwelling unit, with adjoining open space assigned exclusively to such dwelling unit in addition to private parking area.

8.6.4

All open space not assigned to private occupancy as set forth above shall be assigned to the common use of all residents of the development, with such use assured in perpetuity as provided for above. Assignment and development of such open spaces shall be as follows:

8.6.4.1

Access driveways.

8.6.4.2

Landscaped areas, comprising no less than ten (10) percent of all common open space required by this section, may include the following:

a.

Pedestrian access walkways.

b.

Children's play areas.

c.

General landscaped areas, flower gardens and areas for passive recreation.

d.

Swimming pools, including accompanying accessory structures, and areas for organized sports.

e.

Any other areas suitable for the common enjoyment of the residents.

8.6.4.3

Every residential structure in a development shall be within two hundred (200) feet of a hard-surfaced access drive no less than twenty (20) feet wide or a parking lot connected with such a drive. In addition, every dwelling or ground floor dwelling unit shall be directly accessible to service and emergency vehicles.

8.6.4.4

Private streets on common easements may be used to provide vehicular access to dwelling units on any one such drive. In all other respects, the system of vehicular circulation for a development shall be provided by streets complying in all respects with the standards of the Subdivision Regulations, Section 5.4. The easement therefore may be counted as a part of the net area in complying with density limits, but may not be counted as a part of required landscape or recreation space.

8.6.4.5

Private streets shall be developed in accordance with the Subdivision Regulations, Section 5.4. No part of these streets shall be used for the parking of vehicles.

8.6.4.6

Off-street parking spaces for dwelling units shall be provided in accordance with the Zoning Ordinance Section 10.9.3 through 10.9.9 as applicable. Such off-street parking spaces may not be counted as part of the net area in calculating density, and shall not be counted as part of the required recreation space.

8.7.1

Principal Uses.

8.7.1.1

Dwelling units of a permanent nature, for ownership or rental, including non-transient mobile homes.

8.7.1.2

Public and non-public parks and public and non-public specialized recreation centers.

8.7.2

Accessory Uses.

8.7.2.1

Home occupations as approved by the Council.

8.7.2.2

Facilities for use of residents of the development: for recreation, children's nursery, kindergarten, laundry or similar services, any similar facility.

8.7.2.3

Off-street parking lots or garages as approved by the Town Council.

8.7.2.4

Stores of the "local family shopping" or "convenience" nature provided for the use, primarily, of the residents, in any development comprising three hundred (300) or more dwelling units, with such commercial facilities subject to requirements in the B-1 Local Shopping District. Maximum area devoted to such commercial uses shall be one (1) acre or five (5) percent of total acreage in the project, whichever is greater.

8.7.2.5

Commercial non-retail spaces for designation uses approved by the Council.

8.8.1

Location Requirements. Each Planned Unit Development shall comply with the following:

8.8.1.1

Shall be free of objectionable environmental characteristics, such as poor drainage, air pollution, undue noise, unsightliness and similar problems.

8.8.1.2

Shall be so located as to ensure a maximum of compatibility with other types of development.

8.8.1.3

Shall be provided with public or private community water and sewer facilities. No Planned Unit Development shall be approved without written certification from the appropriate utilities that adequate water and sewer services are available.

8.8.2

Open Space, Site Size, and Density. Around every principal building, there shall be a minimum required open space, unobstructed by any other building; there shall be a minimum size for projects; there shall be a maximum density. The following rules apply:

8.8.2.1

Minimum site size: Adequate for the intended use as determined by the Planning Commission and Town Council.

8.8.2.2

Maximum density: Fourteen (14) units per acre.

8.8.2.3

Property line setback: Forty (40) feet.

8.8.2.4

Minimum usable open space: Twenty-five percent (25%) platted as common area. This does not include roadways or storm water management facilities.

(Ord. of 9-18-2007)

8.9.1

Coverage. The total area which may be covered by buildings shall not exceed forty percent (40%).

8.9.2

Height. The maximum height of buildings shall be that of the highest allowed in zoning districts abutting the proposed PUD or as recommended by the Planning Commission and approved by the Town Council.

8.9.3

Number of Units in Townhouse or Condominium Development. There shall be no more than one hundred (100) dwelling units in one structure.

8.9.4

Dimensions of Open Space. The minimum dimensions of open spaces in a Fixed Dwelling Development shall be as follows:

8.9.4.1

Major open space opposite front or rear of building:

Apartment and townhouse or condominium structures.

Minimum Feet - 40.

One- and two-family detached dwellings.

Minimum Feet - 30.

8.9.4.2

Secondary open spaces opposite side or other walls:

Apartment and townhouse or condominium structures.

Minimum Feet - 20 plus 2 feet for every floor above 5 floors.

One- and two-family detached dwellings.

Minimum Feet - 20 plus 2 feet for every floor above 2 floors.

(Ord. of 9-18-2007)

8.10.1

Park or Subdivision Size, Density, Lot Width.

Minimum Site: Adequate for the intended use as determined by the Planning Commission and Town Council.

Maximum Density: Ten (10) spaces per net residential acre exclusive of street walks and open space, one (1) per lot or space.

Minimum Site Width on Major Traffic Artery: Sixty (60) feet with twenty (20) feet landscaped buffer between any public road and any dwelling unit.

8.10.2

General Development and Service Requirements.

The following shall apply:

8.10.2.1

Water, sewage, garbage and trash disposal shall meet all standards set forth by the County Health Department.

8.10.2.2

The mobile home area and the mobile homes and other structures therein shall meet all local and state standards pertaining to fire regulations and control and comply with electrical, plumbing and any other local codes.

8.10.2.3

All lots shall have access to roads or streets that meet or exceed design standards as outlined in the Subdivision Regulations, Section 5.4.

8.10.2.4

All streets and public driveways within the subdivision shall be lighted at night with electric lamps as required by the City.

8.10.2.5

There shall be set aside a recreational area or areas within the subdivision which shall be suitable restricted to such use. The size of the recreational area shall be compatible with the size of the subdivision and shall be subject to the recommendation of the Planning Commission and Town Council approval.

8.10.2.6

A buffer strip may be required by the Planning Commission if the location of the subdivision is such that a buffer strip would be desirable for abutting uses.

8.10.3

Individual Lot and Structure Requirements. The following shall apply:

8.10.3.1

Each mobile home lot shall have a minimum area of four thousand (4,000) square feet, and have width measured at right angle to the side line of not less than fifty (50) feet for irregularly shaped lots, provided that no lot shall have less frontage on its access street than required for a driveway allowing maneuverability of the home onto the lot. All corners of each lot shall be marked with iron pipe, or other permanent type marker.

8.10.3.2

Mobile homes shall be located on lots with a minimum setback from access street of twenty-five (25) feet and ten (10) feet from any other lot line, provided that no mobile home shall be closer to any other mobile home than fifteen (15) feet unless clustered in appropriate manner, and shall comply with 8.10.1 and/or 8.10.2.

8.10.3.3

Each mobile home space shall be improved with one patio of concrete, or other suitable impervious material, having a minimum area of one hundred fifty (150) square feet.

8.10.3.4

Permanent structures located within any mobile home lot shall be used for storage purposes only, and shall have a maximum area of eighty (80) square feet and shall be located not less than six (6) feet from any mobile home, nor closer to any lot lines than provided in the residential district in which it is located.

8.10.3.5

No permanent additions of any kind shall be built onto, or become a part of any mobile home; provided, however, that this provision shall not be construed to prohibit the addition to the mobile home of a patio cover or carport cover if same is not permanently attached to the ground. Such patio covers or carport covers shall be similar in appearance and design to the mobile home, nor shall this provision be construed to prohibit tie-downs, which are required.

8.10.3.6

All mobile homes shall be secured by tie-downs for protection from wind damage to units and adjacent property, in accordance with local and/or state statutes or, if there are no statutes requiring tie-downs, in accordance with accepted industry standards for the area.

NOTE: A Mobile Home Park/Manufactured Home Subdivision as defined in Section 6.2 of the Zoning Ordinance may adhere to the Zoning Ordinance Section 10.2 through 10.3 for development standards.

8.10.4

Application for Zoning. The following shall apply:

8.10.4.1

Application to the Planning Commission for the use of land as a mobile home subdivision under this Ordinance shall be accompanied by a development plan showing compliance with the requirements of this Ordinance.

8.10.4.2

The initial application shall be in writing, signed by the applicant, and shall include the following:

a.

Location and legal description of area, indicating uses of surrounding areas.

b.

Detailed map of area with dimensions, contours at two (2) foot intervals and area drainage.

c.

Plans and arrangements of access streets and connection with traffic artery, lot layout, recreation areas and facilities, buffer zone and proposed green belt planting as screening.

d.

Plans for the proposed sewage, drainage, street paving and such other information as may be required by the Planning Commission.

e.

Plans and specifications of all buildings, improvements and facilities to be constructed within the mobile home subdivision.

f.

Four (4) copies of the application and all accompanying plans and information shall be filed with the City Clerk in Compliance with the requirements of Article XIII, Section 13.2 of this Ordinance.

8.10.5

Conflict with Other Regulations. Whenever these regulations require or impose more restrictive standards than are required in or under any other statute or ordinance, these regulations shall govern. Whenever the provisions of any other statute or ordinance require more restrictive standards than are required by this Ordinance the provisions of such statute or ordinance shall govern.

8.11.1

The developer shall schedule an initial planning meeting with the Planning Commission.

8.11.2

For the initial planning meeting, a Sketch Plan of the proposed project shall be furnished by the developer.

8.11.3

If, during the initial meeting, it is determined that project is also a subdivision as defined by Alabama, the developer shall comply with all requirements of the Subdivision Regulations.

8.11.4

If all land in the project is to remain in one ownership, as defined hereinbefore, the following points should be discussed with the developer:

8.11.4.1

The present uses and character of the area.

8.11.4.2

The road and street system, especially peripheral streets and proposed internal circulation patterns as related to requirements by Planned Unit Developments.

8.11.4.3

Public and private open areas and parks and trails.

8.11.4.4

Public utilities and services or their counterpart such as water, sewer, fire protection, surface drainage, school facilities, if any.

8.11.4.5.

Types of structures to be built.

8.11.4.6.

Proposed uses to be developed.

8.11.5

Application Procedures for All Planned Unit Projects. Upon completion of initial discussions, the developer proposing a planned unit development should complete an application form requesting initial general review and approval of the project by the Planning Commission. This stage of review is called the Master Sketch Plan. The Master Sketch application shall include: proposed uses, density, letters from the utility providers, footprints to include building and street layouts (indicating public or private), storm water detention areas, topographic map showing existing and proposed final grade, list of adjacent property owners. No construction plans are required at this stage. A traffic study or other such items may be requested by the Planning Commission or Town Council prior to final actions on the rezoning request. A public hearing shall be held by the Planning Commission on the Master Sketch Plan. The Planning Commission shall forward a recommendation on the Master Sketch Plan to the Town Council for a rezoning request pursuant to Section 12.5 of the Zoning Ordinance. The following rules apply to all initial applications:

8.11.5.1

All sketches for planned development projects shall be submitted to the Planning Commission for review to ascertain that the plan for any project complies with the conditions set forth in this section, Section C, and other applicable sections of this Ordinance.

8.11.5.2

The following items shall also be submitted on the Master Sketch Plan:

a.

A letter of transmittal officially submitting the proposal for development, signed by the developer or his authorized representative. If submitted by other than the current owner of the property, the letter should include or be accompanied by satisfactory evidence of the existence of a purchase or lease agreement or other instrument, so as to ensure that the current owner is in agreement with the development as proposed.

b.

Four (4) copies of a scaled general site development plan of the entire proposal showing the following information:

1.

Boundary lines of the property, including dimensions.

2.

Location and names of all public streets adjoining or traversing the site. In the event no public street now adjoins the site, sufficient description by metes and bounds to identify the location of the site.

3.

Identification of the name, plat book, and page number of any recorded subdivision comprising all or part of the site.

4.

Identification and location of any existing easements, water courses, lakes or other significant natural features upon the site.

8.11.6

The Preliminary Plan. The developer, after review and approval of the rezoning request by the Town Council, shall prepare and submit a Preliminary Plan for review by the Planning Commission.

8.11.6.1

A public hearing shall be held by the Planning Commission on the preliminary plan. Any changes from the Master Sketch Plan should be noted and sent with recommendations from the Planning Commission to the Town Council for review and approval.

8.11.6.2

Maps and Written Statements. Maps and written statement setting forth the details of the proposed development shall be included in the Preliminary Plan. The maps must show enough of the area surrounding the proposed development to demonstrate the relationship of the Planned Development to the adjoining uses, both existing and those proposed by the developer. The maps shall be in a general schematic form and contain the following information, and as appropriate, the facilities are to be identified as to whether they are to be public or private:

a.

Maps should include the following information:

1.

The approximate topography at two foot intervals;

2.

Proposed land uses and the approximate location of existing and proposed buildings and other structures and uses adjacent to the site;

3.

The character and approximate density of the dwellings;

4.

The approximate location of streets and rights-of-way, walkways, and parking facilities;

5.

Public uses including schools, parks, playgrounds and other open spaces;

6.

Number of parking spaces;

7.

Amount of impervious surface;

8.

Generalized drainage plan;

9.

Development staging, if appropriate.

b.

The written statements shall contain an explanation of:

1.

The character of the proposed development and the manner in which it has been designed to take advantage of the Planned Development Concept;

2.

The proposed sewage disposal facilities;

3.

Water supply and surface drainage provisions;

4.

Evidence of adequate financial stability to complete the proposed project;

5.

The present ownership of all of the land included within the Planned Development Project;

6.

The method proposed to maintain private common open areas, buildings or other facilities, including copies of all legal documents necessary to accomplish this;

7.

The general indication of expected schedule of development;

8.

The intrinsic benefits and extrinsic benefits the project will provide the municipality and the vicinity.

8.11.6.3

After a public hearing, the Council should review and approve the Preliminary Plan as submitted or with proposed modifications. Although the property was granted rezoning after the Master Sketch Plan was approved by the Council, the rezoning shall revoke and revert to the original zoning of the land if the Final Plan is not approved by the Town Council.

8.11.6.4

In the event approval has been conditioned on modification to the plan, then such Preliminary Plan approval shall not be effective until the developer has filed written consent to the modifications as required.

8.11.6.5

If the developer wishes to develop the Planned Development Project in stages, the Final Plan submitted for review and approval may cover only the first stage to be developed, but succeeding stages of the Final Plan must be in substantial conformance to the approved Preliminary Plan.

8.11.6.6

If a Final Plan covering at least a portion of the area in the approved Preliminary Plan has not been filed within one (1) year, the Preliminary Approval shall expire; the approval may, however, be extended for additional periods not in the excess of six (6) months by the Town Council when such an extension can be justified.

8.11.7

The Final Plan provides a specific and particular plan by which development and construction will take place. The Final Plan serves as the plan on which the Planning Commission and local government base a decision.

8.11.7.1

In addition to those items specified for the Preliminary Plan, the Final Plan must include:

a.

A map showing:

1.

Street location and nature of improvement;

2.

Lot lines and lot designs;

3.

The landscaping and tree planting plan;

4.

Surface drainage system;

5.

Peripheral setback (40 feet); and

6.

All easements.

b.

Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings and similar public and semi-public uses.

c.

A plot plan for each building site, except single-family lots and the common open area, showing the approximate location of all buildings, structures, and improvements and indicating the open spaces around buildings and structures.

d.

Elevation and perspective drawings of all typical proposed structures and improvements except single-family residences and their accessory buildings. The drawings need not be in construction detail.

e.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

3.

The approximate dates when the development of each of the stages in the development will be completed; and

4.

The area and location of common open space that will be provided at each stage.

f.

The following plans and diagrams will be provided when the Planning Commission finds that the Planned Development creates special problems of traffic or parking:

1.

An off-street parking and loading area plan;

2.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the Planned Development and to and from existing thoroughfares.

Any special engineering features and traffic regulation devices needed to facilitate or ensure the safety of this circulation pattern must be shown.

8.11.7.2

The plan shall be accompanied by written legal documents on behalf of the owner, his heirs, successors and assigns that shall include:

a.

Provisions that the proposed development, as shown on the plans and as set forth in specifications, will be completed in every detail within such time period as may be agreed upon by the Planning Commission;

b.

Provisions that all land improvements intended for the common use of all residents, including drives, walks, parking areas, recreation facilities and equipment and all landscaped or other common open space will be maintained in perpetuity, including such servicing as may be required for the use of such land improvements;

c.

Provisions that no future changes in the development shall be made which would encroach upon the land used to comply with the requirements of this Article as to density, open space, yards, courts, vehicular access, automobile parking, building coverage or other outdoor requirements;

d.

Provisions that all easements for private drives, utility lines and similar purposes shall be open at all times for access by publicly employed personnel and equipment for police and fire protection, for inspection of utility systems and for any other public purpose;

e.

Articles of incorporation and By-Laws for the formation of a Property Owners' Association for the PUD;

f.

A Declaration of Restrictions and Covenants which shall include agreements and provisions to govern the use, maintenance and continued protection of the PUD and all of it common areas. Such declarations shall be consistent with Fannie Mae, Freddie Mac or other similar Federal or State requirements;

g.

A written legal opinion from the Applicant/Owner's Attorney stating that the above legal documents comply with applicable Federal and State Laws.

8.11.7.3

Final Plan Approval. The following shall govern approval of a Final Plan.

a.

The Planning Commission shall compare the Final Plan with the Preliminary Plan and with the standards set forth in this Section to assure that the Final Plan conforms to the standards set forth in the Section. The Planning Commission may place conditions upon the granting of approval which, in its judgments, will ensure conformance to the plan as approved.

b.

The approval of the Final Plan or any stage of it shall be valid for a period of one (1) year following the date of such approval. At its discretion, the Planning Commission may extend such approval for additional six-month periods.

c.

Factors to be considered by the administrative staff and the Planning Commission in reviewing any Planned Unit Development are that the development is in harmony with the Land Use Plan and with the character of the neighborhood and will provide an overall density and standard of open space as required by this Ordinance.

d.

The Final Development Plan or any stage of the Planned Development shall not be approved if the average of the allowable dwelling units per acre, up to and including the stage which is to be approved, exceeds by more than 10% the average number of dwelling units per acre which is allowable for the entire Planning Development.

e.

A report of its findings and recommendations on a proposed Planned Unit Development shall be prepared for and acted on by the Planning Commission.

Such report shall constitute a recommendation to the Council for Action should rezoning be required.

f.

Upon final approval and after all conditions have been met, the Commission shall approve the recording of the Final Development Plan in the deed records of the County. When no parcels are to be sold, the developer will process and have recorded the subdivision plat in the manner designated by the Commission.

g.

Substantial Conformance. The determination of substantial conformance between the Preliminary Plan and the Final Plan shall be at the discretion of the Planning Commission. Variation in conformance is intended solely to facilitate the minor adjustments which may be necessary as the plans approach a final construction stage. The Commission may refuse to grant approval of substantial conformance if, in their opinion, the adjustments are being used to significantly modify the approved plan.

8.11.7.4

Site Improvements. The developer, at his option, may place street improvements, sidewalks, utilities and other permanent site improvements after Preliminary Plan approval or stake the location of the buildings and make app for building permits. Under no circumstances, however, will any building permit be issued until final approval has been granted and the necessary portions of the Final Plan recorded. The placing of improvements will not obligate the local government to approve such improvements on the Final Plan if not in conformance with the terms of this Section.

8.11.7.5

Public Record. The Final Plan is the permanent public record of the Planned Development and will be the manner in which the development is constructed as provided herein.

8.11.7.6

Contents. The final plan shall contain, in final form, the information required above. In addition, the following will apply:

a.

If parcels of land are to be sold, then a subdivision plat in the form prescribed by this Ordinance shall be filed for approval in the appropriate manner.

(Ord. of 9-18-2007)

8.12.1

M-1 Industrial District. It is the intent of this district to provide opportunity for the location of industrial, manufacturing, processing, warehousing, or research and testing operations that, due to employment of heavy equipment or machinery or to the nature of the materials and processes employed, require special location and development safeguards to prevent pollution of the environment by noise, vibration, odors or other factors, and may also require extensive sites for storage and parking, may require extensive community facilities or generate heavy motor traffic. Access to major transportation facilities is usually needed. Industrial parks should be encouraged. Locations should be in accordance with comprehensive plans and special review is required for some.

8.13.1

The Town of Elberta has adopted the Flood Insurance Rate Maps for Baldwin County, Alabama, as hereafter from time to time amended, for all flood plain areas within the corporate limits. Said maps are available for review at the Baldwin County Building Department.

(Ord. of 6-17-2003)