The following provisions apply, unless provided for elsewhere in this ordinance, to all residential districts:

9.1.1

Uses Permitted. Customary accessory structures; satellite receiving dishes, gardens, playgrounds, parks; public buildings including schools and libraries; agriculture or farming, including horticulture. Plant nurseries, market gardening, field crops and orchards. Home occupations as defined in Article X, Section 10.5.4.

9.1.2

Uses Permitted by Special Exception. Certain public and semi-public uses are essential and desirable for the general convenience and welfare but may not fit compatibly within residential neighborhoods. The following public and semi-public uses may be permitted within residential districts by special exception when it is established through site plan review that the location, design, and proposed activities will not adversely affect the public health, safety, morals, and general welfare of the surrounding neighborhood. Uses permitted by special exception in residential districts are:

9.1.2.1

Church schools and private or parochial elementary and high schools having a curriculum approximately the same as ordinarily given in public elementary and high schools and meeting all standards of the State Board of Education for instruction and site size.

9.1.2.2

Churches, synagogues, and other places of worship including parish houses, rectories, and other facilities normally incidental to places of worship but excluding funeral homes.

Cultural activities not carried on as a gainful business, including art galleries, libraries, and museums.

9.1.2.3

Convalescent and nursing homes for the aged.

9.1.2.4

Recreation facilities, country clubs, community centers, and clubs drawing substantial numbers of users from the immediate neighborhood in which they are located, excluding residential accommodations and any activity carried on as a gainful business other than incidental concessions.

9.1.3

Uses Prohibited. Any use not permitted or permitted by special exception except as otherwise determined under Section 9.27; commercial and industrial uses such as garages, repair or storage yards, warehouses, buildings used as correctional institutions, and industrial type operations of any kind.

9.1.4

Requirements for Lot Area, Lot Width, Coverage and Other Factors.

9.1.4.1

Public and semi-public buildings.

a.

Minimum lot area and lot width. None specified only that the lot be large enough to provide the yards specified herein.

b.

Yard regulations.

1.

Front yard. Each lot shall provide a front yard with a minimum depth of forty (40) feet.

2.

Side yard. Each lot shall have a side yard of a minimum of thirty-five (35) feet on each side.

3.

Rear yard. Each lot shall have a rear yard with a minimum depth of thirty-five (35) feet.

c.

Maximum building height. No structure shall exceed a height of thirty-five (35) feet, except a church may have a maximum height of fifty (50) feet, provided that one (1) foot shall be added to all minimum yard requirements for each additional foot of height in excess of thirty-five (35) feet. (Does not apply to church sanctuary.)

d.

Maximum building coverage. The maximum land covered by a building shall be fifty (50) percent of the total lot area; a minimum of twenty (20) percent of the lot area shall be maintained as a landscaped open area. (Does not apply to PUD unless and except to publicly owned structures inside of PUD.)

The uses permitted in each of the several zoning districts are listed in this table in four (4) categories, as follows:

9.2.1

Uses by Right. Uses in the table identified by (R) are permitted by right, subject to the conditions specified in the table or elsewhere in this ordinance.

9.2.2

Uses Requiring Planning Approval. Uses in the table identified by (P) are permitted upon approval by the Elberta Planning Commission of the location and the site plan as being appropriate with regard to transportation, access, water supply, waste disposal, fire and police protection and other public facilities; as not causing undue traffic congestion or creating a traffic hazard; and as being in harmony with the orderly and appropriate development of the district in which the use is located.

9.2.3

Special Exceptions. Uses in the table identified by (S) are subject to the same approval of location as uses requiring planning approval; in addition, these uses are subject to approval of the Board of Adjustment in accordance with the provisions of Article XII, Sections 12.3 and 12.4 of this ordinance.

9.2.3.1

Uses in a PUD shall be subject to Town Council approval after recommendation by the Planning Commission.

9.2.4

Council Approval. Uses in the table identified by (CA) are subject to Town Council approval after review by the Planning Commission.

9.2.5

Compliance With District Requirements. Any use permitted in any district whether by right, with planning approval, or as a special exception, must comply with the requirements of the district in which it is located, unless variance from such requirements is specifically requested and approved by the Board of Adjustment.

9.2.5.1

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

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

9.2.5.2

Other provisions of this ordinance notwithstanding, any tracts of farmland under cultivation or pastureland and timberland presently being used for such purposes, may continue to be used for such purposes regardless of the zoning district in which they may be located.

9.2.6

Any use requiring planning approval is subject to review and approval of the Planning Commission. Each application to the Planning Commission for approval must be accomplished by a site plan prepared by the applicant or his agent. The Planning Commission shall review the application at its next meeting and take into consideration all existing regulations and ordinances of the Town as well as recommendations from the Zoning Administrator, the Town Engineer, the Building Inspector, the health officer and any other such local officials. The Planning Commission may approve the use request as is; it may approve it with conditions; or it may deny it.

9.2.7

Any use permitted by special exception is subject to review and approval of the Board of Adjustment. Each application to the Board of Adjustment for approval of a use permitted by special exception shall be accompanied by a site plan which shall first be reviewed by the Planning Commission. The Board of Adjustment shall consider the recommendations of the Planning Commission, the Town Engineer and the Building Inspector and make them a part of the record of any public hearing held on an application for a special exception, prior to making a decision on the application. If the decision of the Board of Adjustment is not consistent with such recommendations, the minutes of the meeting at which such decision is made shall set forth the particular reasons for deviating from such recommendations.

9.2.8

In any case where a requested use is not specifically referred to in the Table of Permitted Uses, Section 9.3 of this ordinance, its status shall be determined by the Planning Commission by reference to the most clearly analogous use or uses that are specifically referred to in the table of Permitted Uses. When the status of a use has been so determined by the Planning Commission, such determination shall thereafter have general application to all uses of the same type and shall be added to the Table of Permitted Uses.

9.2.9

In general, any higher use may be permitted with Planning Commission approval in a lower use district, but no lower use shall be permitted in a higher use district, except as otherwise noted in the Table of Permitted Uses or where such use exists at the time of enactment of this ordinance, in which case it is subject to the requirements of Section 7.4, Nonconformance, of this ordinance.

9.2.10

A site plan shall be required for all new commercial structures and shall be accomplished by the Planning Commission to assure compliance with the provisions of this ordinance in conformity with its purpose as stated in Article I. Site plan approval must be granted prior to commencing any site preparation and/or construction activities.

9.2.10.1

Upon approval of the site plan, either as submitted or with changes and/or special conditions required by the Planning Commission, the Building Inspector may issue a building permit for a portion or all of the proposed development; provided that the application is in compliance with all applicable Town, County, State and Federal requirements.

9.2.10.2

The Planning Commission may waive certain requirements contained in Section 9.2.9.3 of this Ordinance if, in its opinion, the requirements are not essential to a proper decision on the project; or they may supplement the list with other requirements deemed necessary to clarify the nature of the proposed development.

9.2.10.3

An application for site plan approval shall include the following information unless some or all of these requirements are waived by the Planning Commission under Section 9.2.9.2 of this Ordinance.

a.

The location and size of the site including its legal description and a current certified survey.

b.

A vicinity map showing the site relation to surrounding property.

c.

The recorded ownership interests and the nature of the developer's interest, if the developer is not the owner.

d.

The relationship of the site to existing development in the area including streets, utilities, residential, and commercial development, and physical features of the land including significant ecological features. This information may be combined with requirements for the vicinity map specified in Section 9.2.9.3b above.

e.

The density or intensity of land use to be allocated to all parts of the site together with tabulations by acreage and percentages thereof itemized by use and density.

f.

The location, size and character of any common open space, commonly owned facilities and form of organization which will own and maintain any common open space and such facilities.

g.

The use and maximum height, bulk and location of all buildings and other structures to be located on the site.

h.

The substance of covenants, grants of easements or other restrictions which will be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities or other purposes.

i.

The provisions for disposition of open space, including tree protection, landscaping provisions and buffering requirements.

j.

In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for building permits are intended to be filed.

k.

Any additional data, plans or specifications which the applicant or the Town believes is pertinent and which will assist in clarifying the application including, but not limited to plans for: Screening, Lighting and Open Space; Surface Drainage; and Water and Sewer Connections.

l.

A traffic impact analysis and corrective measures to address detrimental conditions brought about by the development.

m.

Architectural renderings, elevations and representative floor plans in preliminary form.

n.

The location and size of all signs to be located on the site. In the event that a sign is pre-existing and fails to conform to the requirements as set forth in this ordinance, site plan approval will be granted only under the condition that all signs will comply with the regulations as set forth in this ordinance.

(Ord. of 6-21-2005)

(Ord. of 6-1-2003; Ord. of 3-16-2004; Ord. of 6-21-2005)

9.4.1

The following shall apply in each residential district as listed:

(Ord. of 6-17-2003; Ord. of 6-21-2005; Ord. of 9-18-2007)

The following front, rear and side yard setbacks shall apply in districts as listed:

A-

Ten (10) feet plus two (2) additional feet for each floor above two stories, but not exceeding twenty (20) feet; and when dwelling unit faces side yard, the dwelling unit must not be less than twenty-five (25) feet from the side lot line.

B-

None, except it will be five (5) feet if abutting an alley, and when abutting a residential district it shall be not less than twenty (25) feet.

C-

None, except it will be five (5) feet if abutting an alley, and when abutting a residential district it shall be not less than fifty (25) feet.

(Ord. of 6-17-2003; Ord. of 3-16-2004; Ord. of 6-21-2005)

Except as provided for elsewhere in this ordinance, no structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in any R-1, R-2 residential district, NB and the B-1 business district or more than four (4) stories or forty (40) feet in any R-3, general business or industrial district. Structures of more than four (4) stories may be permitted subject to the approval of the Town Council.

(Ord. of 3-16-2004)

In all nonresidential districts where facilities are permitted, they shall comply with the following minimum standards:

9.7.1

Lots shall be of sufficient size to accommodate the intended use, including adequate parking and loading facilities in addition to space required for the conduct of other operations of the business, and to otherwise comply with the provisions of this ordinance.

9.7.2

Where a business district abuts any part of a residential district, a buffer zone twenty-five (25) feet wide shall be required; where an industrial district abuts any part of a residential or business zone, a buffer zone of twenty-five (25) feet shall be required. Said buffer zones shall be in addition to the yard requirements and shall be fenced or screened subject to the following regulations:

9.7.2.1

Wall or fence. If a wall or fence is provided as a protection buffer, it shall be six (6) feet high and of a construction and a design approved by the Planning Commission. Said wall or fence shall be maintained in good repair by the owners of the property.

9.7.2.2

Screen planting strip. If a screen planting strip is provided as a protection buffer, it shall be at least twenty-five (25) feet in width, shall be planted with materials in sufficient density and of sufficient height (but in no case less than six (6) feet high at the time of planting) to afford protection to the residential or business district from the glare of lights, from blowing papers, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained, by owner, in a clean and neat condition and in such manner as to accomplish its purpose continuously.

9.7.3

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

Adequate parking as required in Article X, Section 10.9 shall be provided. Adequate space for service and supply vehicles to get in and out or turn around shall also be provided.

9.7.4

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

More stringent design and landscape standards may be required by the Planning Commission for special exceptions permitted in any district.

A landscaping plan may be required for any development within the Town of Elberta, but is mandatory for all multi-family developments including apartments, townhouses, condominiums, and for all business and industrial developments. Such plan shall be submitted to the Building Inspector prior to commencing any stripping of land or construction activities. The plan shall clearly show what existing trees will remain, as well as what shrubbery and other vegetation will be added to complete the final landscaping of the property. No trees greater than six (6) inches in diameter shall be removed unless it can be shown that the tree is a safety hazard to pedestrians, property or vehicular traffic; that it is diseased or weakened by age, storm, fire or other injury; that it is absolutely necessary to construct proposed improvements without incurring significant additional costs; or that it is necessary for the installation of solar energy equipment. In such case, the developer's landscape plan shall indicate replacement trees at least six (6) feet tall and one (1) inch in diameter for each tree removed and the landscaping plan shall show the placement of the proper number of required new trees. The plan shall include renderings by a landscape architect and any other documentation required by the Planning Commission.

9.9.1

All new developments along major arterials shall be set back thirty-five (35) feet from the right-of-way and shall maintain a minimum of five (5) feet of the required thirty-five (35) foot setback as a greenbelt along the entire front width of the property except where curb cuts provide ingress and egress. Said greenbelt shall be planted with trees, shrubs and grass or other ground cover so that an attractive appearance is presented as detailed in the developer's required landscape plan.

9.9.2

A minimum of five- (5) feet side and rear landscaping may be required in the landscape plan depending on the topography and arrangement of parking facilities. If required, such areas shall be planted with a combination of trees, shrubs and grass or other ground cover adequate to break the expanse of contiguous parking areas and to present an attractive appearance as determined by the Building Inspector. Adjacent property owners may jointly agree on the establishment of a common landscaped area between their properties that meets the requirement of this section; provided that such agreement and the planting and maintenance of the common area shall be binding upon both parties and their successors, interests and assigns.

9.9.3

All new businesses related to car, truck or other vehicle service and repair shall be so designed and constructed that no service or repair bays shall be visible from the roadway on which the building fronts; and so that cars, trucks or other vehicles stored on the premises prior to and after service or repair are properly screened from view.

Uses in all business districts must comply with all applicable health and safety standards, including sanitary facilities, paved and landscaped parking areas, and other requirements of this ordinance and of state and federal regulations.

Non-permanent structures such as trailers, sheds and other such buildings used for business purposes may be permitted in business districts on a temporary basis pending construction of a permanent building. Such structures may be permitted for three-month periods, renewable, upon written request from the business owner, up to a maximum of one (1) year.

All business structures shall be so designed as to present an aesthetically pleasing appearance generally compatible with the existing buildings in the district. While this ordinance does not dictate the style of buildings, we encourage those who choose to build new, or to remodel, to choose architecture that will give distinction and separate it from other towns. Builders are encouraged to enhance the character of the town as originally a farming community with ethnic influences from eastern European countries, a look that will add to its appeal. A mixture of architectural features is more interesting than a single design, giving the developer freedom to incorporate their visions into the buildings and surrounding landscaping.

Two of the most important features of a commercial building are its sign and its front door. Attention should be paid to these features.

Entry Doors and Windows: The door is the focus of most buildings. Care should be taken to emphasize a welcoming wide door of natural materials. A stained glass or custom glass insert adds to the character with arches above the door, heavy trim, or mural embellishment possible. Recessed doorways or side lights add to visual appeal. Windows offer fine opportunities for embellishment with shutters, flower boxes and mural painting. Details around windows include overhead arches, alfresco painting, shutters, ornate trim, paints, or tiles.

Signs: The preferred medium is wood with European or Old German script. Adding "The Elberta" on the sign above the name of the business adds to its personality and makes it special to our town. Mounting brackets can give an artistic or unique approach to hanging the sign and adds to the attraction. Mural artists can enliven long bare spots. Flashing, neon or other back lit signs should be avoided.

Building Materials: Consider using materials that give an organic, natural look. Trim should be natural material or painted in to emphasize the architectural style.

Colors: Suggested are earth tones ranging from browns, tans and reds. To be avoided are neon, artificial colors that emphasize a plastic look.

Roofs, Balconies, Overhangs, Porches: Porches with wide steps should be a minimum of 6 feet wide to accommodate human traffic, preferably running the full width of a structure. Roofs are attractive, practical and more natural looking with overhangs proportionate to the size of the building and consistent throughout. A pitch of at least 5/12 is encouraged, with greater pitch generally more attractive. False front roof lines that emphasize a European look and include arches, and flowing lines complement the structure of buildings.

Landscaping: The builder is strongly encouraged to preserve as much of the permanent landscaping, especially mature trees and flowering shrubs, as possible. If trees must be removed, they should be replaced with like or similar size. Window boxes as well as planters add to visual appeal and will encourage people to spend time in and around a building. Parking should be interspersed with planted areas to give a more attractive appearance.

(Ord. of 6-17-2003)