Residential District Requirements.

All "R" Districts:

Uses permitted: Accessory structures; gardens (see "Uses prohibited" below); playgrounds; parks, public buildings, including public schools and libraries.

Uses permitted on appeal: Modular homes; customary home occupations; public utility structures, such as electric substations, gas metering stations, sewer pumping stations, and similar structures; general hospitals for humans, except primarily for mental cases; churches; cemeteries; semi-public buildings; rooming and boarding houses; golf courses; municipal, county, state or federal uses; keeping of livestock, as "livestock" is defined in Ordinance Number 2013-6, on parcels two acres or more in size or where the applicant owns two or more adjacent tracts which, in the aggregate, equal two or more acres and where the board of zoning adjustment (BZA) finds that allowing same will not be unreasonably detrimental to the neighborhood and is appropriate given the location of the property and other relevant factors. The BZA may impose reasonable specific conditions on the permitted use and the use shall be subject to conformity with other ordinances of the town relating to the keeping of livestock.

Uses prohibited: Manufactured homes, house trailers, mobile homes; house trailers or mobile home courts or parks; commercial and industrial uses, including parking lots or parking areas in connection with these uses not specifically permitted; keeping of livestock unless allowed on appeal; agricultural uses, other than gardens for growing vegetables for the personal use of the owner or occupant or growing ornamental plants, but not for commercial sale.

Note 'A': Corner lots shall have sufficient extra width to permit establishment of a building line 15 feet from the side street property line. The distance from the side street property line shall be measured from the street right-of-way paralleling the long dimension of the lot.

Note 'B': See also section 5.11.

District MH-S:

Uses permitted: Manufactured home subdivisions.

Uses prohibited: Mobile homes or house trailers other than manufactured homes as defined in section 2.1.21(b); mobile home or house trailer parks or courts; commercial and industrial uses, including parking lots; parking areas in connection with these uses not specifically permitted.

Uses permitted on appeal: All uses permitted or permitted on appeal in all 'R' Districts.

Business district requirements.

District B-1, Local Shopping District:

Uses permitted: Neighborhood retail stores, markets, and restaurants, including the following types of stores: food; general merchandise; apparel; furniture; household and hardware; radio and television; drug and sundries; jewelry and gifts; florists; sporting goods; pet shops; and similar types; and neighborhood services, including the following types: dry cleaning and laundry pickup stations; barber and beauty shops; shoe repair, offices; banks; post offices; theaters; gasoline stations and similar services. Outdoor advertising signs and sign structures, as regulated under article V, section 5.9.

Residential structures existing at the time of adoption of this ordinance may be repaired, remodeled, and extended in conformity with the minimum requirements set forth in article VI, section 6.1 for R-2 Residential Districts.

Uses permitted on appeal: Any uses permitted, or permitted on appeal, in an R-2 Residential District and subject to all district requirements of said district as specified in article VI, section 6.0, herein.

Uses prohibited: Major auto repair; laundry and dry cleaning plants; manufacturing; cabarets; night clubs, whether or not operated by nonprofit organizations, motels or motor courts; open lot sales for mobile homes, used or new; drive-in cafes; roller skating rinks; bowling alleys; curb markets and fruit stands; any uses prohibited in a B-2 Business District.

District B-2, General Business:

Uses permitted: Any retail service or wholesale business not specifically restricted or prohibited and any use permitted in a B-1 Local Shopping District.

Uses permitted on appeal: Dry cleaners and laundries. Manufacturing incidental to a retail business where articles are sold at retail on the premises, not specifically prohibited herein.

Uses prohibited: Stockyard; live animal sales; coal yard; lumber yard or mill; auto wrecking; gasoline, oil or alcohol storage above the ground in excess of 500 gallons; grist mill, hammer mill, feed mill, or flour mill, junk, scrap paper, or rag storage or baling; and residences. Any use prohibited in a M-1 Industrial District.

District B-3, (Interstate Corridor) Business District:

See section 6.2.

Industrial district requirements.

District M-1, Light Industry:

Uses permitted: Light industrial operations not obnoxious, offensive or detrimental to neighboring property by reason of dust, smoke, vibration or industry; ice cream plants and creameries; cold storage plants; baking plants; dyeing plants; dry cleaners and laundries; mortuary or funeral homes; similar types of industries; and all business and service uses permitted in a B-1 Business District.

Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as incurred hides, explosives, oil and gasoline.

Uses permitted on appeal: Any manufacturing use not specifically prohibited herein.

Any uses permitted or permitted on appeal in an R-2 Residential District and subject to all district requirements of said district as specified in article VI, section 6.0 hereof.

Uses prohibited: Slaughter house; stockyard; bag cleaning; central mixing plant for cement, mortar, plaster, or paving materials; curing, tanning or storage of hides; distillation of bones; coal, tar or wood, fat rendering, forge plants; manufacturing of acetylene, acid, alcohol, ammonia bleaching powder, brick, pottery, terra cotta or tile, concrete blocks, candles, disinfectants, dyestuffs, fertilizers, illuminating or heating gas, including storage, paint, turpentine, varnish, soap, and tar products; wool pulling or scouring; junkyards; cotton waste reclaiming; and similar types of plants or operations.

District M-2, General Industry:

Uses permitted: Any industrial operation or manufacturing use not specifically prohibited; truck terminals, including incidental repair and maintenance activities.

Uses permitted on appeal: Same as for M-1 (Light Industry) plus any uses permitted in AG-1.

Uses prohibited: Any use not specifically permitted or permitted on appeal.

Miscellaneous district requirements.

District AG-1, Agricultural:

Uses permitted: General farming, including horticulture; dairying; apiaries; livestock and poultry raising; fish hatcheries; and other similar enterprises or uses.

Aircraft landing fields, hangars, and equipment; cemeteries; golf courses; swimming pools; country clubs; recreation buildings of a public or quasi-public character; sanitoriums; convalescent and nursing homes for human care; charitable institutions; animal hospitals and kennels; private clubs; lodges; summer cottages and camps; lodging and boarding houses.

Accessory buildings and uses customarily incidental to the above uses.

Any use permitted or permitted on appeal in a R-1 Residential District, and subject to all district requirements of a R-1 Residential District as specified in section 6.0 herein.

Outdoor advertising structures, (subject to the provisions of section 5.12); provided, however, that such use shall be conditional as follows: within 60 days of the time that the zoning map is amended to cause advertising structures which have been erected in an agricultural district to fall within a residential district, such structures shall be removed.

Uses permitted on appeal: House trailers, mobile homes and manufactures home (subject to section 5.9[d]); sports arenas; recreation and amusement enterprises operated on a commercial basis; clubs, the chief activity of which is customarily carried on as a business, but only when these uses, in the opinion of the board of zoning adjustment, will not impair an existing or potential future residential neighborhood, and are permitted subject to such conditions as the said board may require to preserve and protect the character of the district and otherwise promote the purpose of this ordinance.

Uses prohibited: Residential, commercial and industrial uses not specifically permitted or permitted on appeal.

District I-D, Institutional:

Uses permitted: Public and private schools, colleges and academies; auditoriums, coliseums, gymnasiums, cafeterias, fraternity and sorority houses, stadiums, athletic fields in connection with public or private schools; religious, fraternal and charitable institutions; colleges and academies; orphanages; gardens, playgrounds; parks, public buildings, hospitals for human care; professional buildings primarily for use by physicians and other members of the medical profession; medical and dental clinics; pharmacies; places of residence for nurses and interns; book shops; churches; convalescent and nursing homes; and

Accessory structures and uses customarily incidental to the above permitted uses.

Uses permitted on appeal: Rooming and boarding houses (but not those for rehabilitation or treatment of mental illness, mental deficiencies, substance abuse or addiction, or part of any criminal punishment or sentence); restaurants; gift shops; newsstands; residential uses permitted in an R-2 Residential District and subject to all district requirements of a R-2 Residential District specified in this ordinance; and customary home occupations.

Uses prohibited: Any use not expressly permitted or permitted on appeal.

(Ord. No. 2017-03, § 2, 7-11-2017)

District B-1, Local Shopping District:

Minimum lot size: It is the intent of the ordinance that lots of sufficient size be used for any business or service use of provide adequate parking and loading space in addition to the space required for the other normal operations of the business.

Minimum yard size: Front, 20 feet; rear, 20 feet; side, not specified except on a lot adjoining along its side lot line a lot which is in a residential district there shall be a side yard not less than eight feet wide.

Maximum height: 35 feet or two stories.

Off street parking: See article V, section 5.1.

Off-street loading and unloading: Shall use required rear or side yard for loading and unloading.

District B-2, General Business District:

Minimum lot size: Same as for B-1 Business District.

Minimum yard size: None specified.

Maximum height: 65 feet or five stories.

Off-street parking: See article V, section 5.1.

Off-street loading and unloading: Shall provide space for loading and unloading for structures hereafter erected or altered when same are on lots adjoining an alley.

District B-3, (Interstate Corridor) Business District:

See section 6.2.

District M-1, Light Industry District:

Minimum lot size: It is the intent of the ordinance that lots of sufficient size be used for any industrial, service, or business use to provide adequate parking and loading space in addition to the space required for the other normal operations of the enterprise.

Minimum yard size:

Front yard: None specified, except where existing establishments (other than residential) are set back, any new structures shall be set back not less than the average of the setback of the existing establishments within 100 feet [of] each side thereof.

Side yards: None specified, excepting a lot, adjoining its side lot, adjoining its side lot line another lot which is in a residential district there shall be a side yard not less than eight feet wide, with adequate and appropriate buffer planning.

Maximum height: 45 feet or three stories.

Off-street parking: See article V, section 5.1.

Off-street loading and unloading: Shall provide adequate space for loading or unloading all vehicles or trucks incidental to the operation of the industry or use.

District M-2, General Industry District:

Minimum lot size: It is the intent of the ordinance that lots of sufficient size be used for any industrial, service, or business use to provide adequate parking and loading space in addition to the space required for the other normal operations of the enterprise.

Minimum yard size:

Front yard: None specified, except where existing establishments (other than residential) are set back, any new structures shall be set back not less than the average of the setback of the existing establishments within 100 feet each side thereof.

Side yards: None specified, excepting a lot, adjoining its side lot, adjoining its side lot line another lot which is in a residential district there shall be a side yard not less than eight feet wide, with adequate and appropriate buffer planning.

Off-street parking: See article V, section 5.1.

Off-street loading and unloading: Shall provide adequate space for loading or unloading all vehicles or trucks incidental to the operation of the industry or use.

District AG-1, Agricultural District:

Minimum lot size: Minimum required lot area 15,000 square feet.

Minimum required lot width at building line: 100 feet.

Minimum yard size: Font yard - 40 feet; rear yard - 30 feet; side yards - ten feet, excepting any structure used for the housing of livestock of any kind shall not be located closer than 100 feet of any property line or line of a district other than an agricultural district.

Maximum height: 35 feet or 2½ stories.

Off-street parking: See article V, section 5.1.

Off-street loading and unloading: Shall provide adequate space for loading and unloading on rear and/or side yard.

District I-D, Institutional District

Minimum lot size: It is the intent of this section that lots of sufficient size be used for any business of service use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or service.

Minimum yard size: Front, 40 feet; rear 30 feet; side, ten feet; except on a lot adjoining along its side line a lot which is in a residential district, there shall be a side yard not less than 25 feet wide.

Maximum height: 35 feet or 2½ stories.

Off-street parking: See article V, section 5.1.

Off-street loading and unloading: Shall use required rear or side yard for loading and unloading.

District MH-S: See sections 5.8 through 5.11, inclusive, and section 5.13.

(a)

Intent and purpose.

(1)

There is hereby created a district to be known as the B-3 (Interstate Corridor) Business District, which shall be an overlay district imposing additional restrictions, conditions, prohibitions, uses and requirements in the areas overlaid by the B-3 zone and to which the requirements of this section of the zoning ordinance shall apply in addition to those applicable in the primary underlying zone of any given property designated hereafter as within the B-3 overlay zone. Conflicts in the provisions for property zoned B-3 and the underlying primary zone for such property shall be resolved as provided in subsection (o) hereof.

(2)

The purpose of this district is to ensure the protection of existing uses, yet accommodate the transitional nature of the areas immediately adjacent to Interstate 65. The B-3 overlay district is intended to accommodate development and growth unique to these areas, yet designed to facilitate and preserve the nature of these areas by providing for restricted uses.

(b)

Definitions. As used herein the following terms shall have the meanings ascribed to them as follows:

(1)

"Overlay" shall refer to a zoning district designation which applies in addition to the primary zoning district designation of a particular parcel of real property so that, in effect, said property has a dual zoning designation and is subject to the requirements and provisions of both the overlying and underlying zoning designations applicable to it with conflicts between the two zoning districts resolved as provided herein.

(2)

"Primary" or "underlying" zoning district shall mean the zoning district designation of a particular parcel of real property other than B-3 and which is overlaid by the B-3 zoning designation as to that particular parcel of property.

(c)

Area encompassed (district boundary). The B-3 zone shall consist of each separate parcel of real property within the corporate limits of the Town of Falkville, Alabama within 2,500 feet of the Interstate 65 right-of-way, except that no tract zoned "R-1" or "R-2" shall be included within said B-3 zone and all such R-1 and R-2 parcels are hereby specifically excluded from such B-3 designation. Additionally, any property annexed into the Falkville corporate limits after the effective date hereof shall be automatically included in the B-3 district if within the designated boundary, unless specifically annexed in under some other district designation. The same exclusions applicable to R-1 and R-2 districts within the original B-3 area shall apply to property hereafter annexed as well.

(d)

Uses permitted. Any use permitted in the primary zone, plus convenience store/center, restaurant, restaurant, fast food, motel, hotel, bank, fruit/vegetable market, public recreation facility, visitor center, department store, mall/shopping center, retail building materials/home improvement store.

(e)

Uses permitted on appeal. Truck stop, truck wash/scales, dealership of new automobiles, and any use permitted on appeal in the primary zone may be permitted on appeal in the overlay zone.

(f)

Uses prohibited. Any use prohibited in the primary zone, plus used automobile sales and/or automobile service outside the confines of an approved dealership of new automobiles, junkyard/salvage yard, stockyard, live animal sales, lumberyard or mill, self-storage units, and any use not specifically permitted or specifically permitted on appeal.

(g)

Specific requirements.

(1)

Minimum lot area: 15,000 square feet.

(2)

Maximum building area: 60 percent of the lot.

(3)

Minimum lot width: 150 feet.

(4)

Minimum front setback: 40 feet.

(5)

Minimum side setback: Ten feet; where it adjoins a residential district, the setback shall be 20 feet; where it adjoins a public street, the setback shall be 40 feet.

(6)

Minimum rear setback: Ten feet; where it adjoins a residential district, the rear setback shall be 20 feet.

(7)

Maximum height: Principle structure and appurtenances: 65 feet; signs: 110 feet.

(8)

Every building or structure shall have a front setback of at least 40 feet; provided, however, that in the case of gasoline pumps, gasoline canopies and on-site signs the following setbacks shall apply: Signs: Ten feet; gas pumps and/or canopies: 15 feet.

(9)

In the event of damage to a sign, the sign shall be repaired, replaced or removed within 60 days from the date the damage occurred.

(h)

Parking. All parking lots or spaces shall be constructed of concrete or paved with asphalt and shall meet compaction and finished materials and marking specifications satisfactory to the town's building official or engineer for the intended purposes of the particular parking lot or space. Parking spaces shall be based on total square footage of the principal structure as follows, unless provided for otherwise:

(1)

Bank, drive-through: Space to accommodate autos equal to five times the number of teller windows.

(2)

Bank with business office: One space per 300 square feet plus one space per three employees.

(3)

Convenience market/center: Five spaces per 1,000 square feet.

(4)

Department store: One space per 300 square feet.

(5)

Fruit/vegetable market: One space per 100 square feet.

(6)

Hotel/motel: One space per guest unit plus one space per 200 square feet of meeting/restaurant area.

(7)

Recreational facility: One space per three patrons based on design capacity.

(8)

Restaurant, fast-food: One space per three patrons based on design capacity.

(9)

Restaurant: One space per four seats plus one space per employee.

(10)

Retail building materials/home improvement: One space per 300 square feet.

(11)

Truck stop: Five spaces per 1,000 square feet.

(12)

Truck wash: One space per three wash bays.

(i)

Landscaping. Each site shall be landscaped with ten percent of the total land area in green treatment. A minimum of one-half the required landscaping shall be installed and maintained between the front property line and the structure. Where the site adjoins a residential district, an appropriate screening device at a height no less than six feet shall be installed and maintained. This shall consist of evergreen trees or hedges, flowering plants, wood fence and the like.

(j)

Access roads. Grouping of uses to provide an access off of the main road is strongly encouraged. The planning commission shall review each proposal for continuity and ease of travel. When an access road is required, each developer shall construct the road across that individual site. All access roads, drives and parking areas shall be constructed with concrete curbs and gutters unless specifically excepted by the building official or engineer, which shall only be given in the event adequate alternative facilities are provided.

(k)

Plan approval. The Falkville Planning Commission shall review each proposal as a "preliminary site plan." No building permit shall be issued until the planning commission has approved the final site plan. The intent of this requirement is to prevent undesirable site development which would unduly create inadequate circulation and congestion; to obtain maximum convenience, safety, economy and identity in relation to adjacent sites; and to provide maximum flexibility for expansion, change in use and adaptation to individual needs. Accordingly, applicants for building permits shall submit site plans consisting of scale drawings no smaller than one inch equals 50 feet (1" = 50') clearly indicating the following:

(1)

Boundary information for the site including lot size and dimensions;

(2)

Building area percentage, dimensions and footprint;

(3)

Building setback lines;

(4)

Required fencing and/or screening;

(5)

Date of revision, if a revised plan;

(6)

Drainage ways and patterns, existing and proposed;

(7)

Easements for drainage and utilities;

(8)

Landscaping percentage;

(9)

Loading/unloading areas;

(10)

Vicinity/location map;

(11)

Location and size of existing and proposed utilities;

(12)

Name, address and telephone number of owner/developer;

(13)

Name, address and telephone number of site plan preparer;

(14)

Directional arrow indicating North;

(15)

Parking spaces and waste disposal (e.g. dumpster location);

(16)

Points of ingress/egress;

(17)

Names of all adjoining streets;

(18)

Scale not less than one inch equals 100 feet;

(19)

Sign location with height and face size;

(20)

Name/identification of project and proposed use;

(21)

Names of adjacent property owners;

(22)

Flood plain information, if applicable;

(23)

Paved areas, curb and gutter.

(l)

Certificate of occupancy.

(1)

Prior to the granting of a certificate of occupancy, all structures and landscaping shall be inspected and approved by the town building official for conformance to the approved site plan. If, in the opinion of the official, all required landscaping has not been completed, the certificate of occupancy may nonetheless be issued if the owner provides a financial guarantee in the form of a performance bond. Said performance bond shall be received and accepted by the building official prior to the granting of the certificate of occupancy and shall be equal to 120 percent of the estimated total cost to complete all landscaping requirements. Performance bonding may be made by deposit with the Town of Falkville in the form of a certified check or in the form of an irrevocable letter of credit established with an acceptable financial institution, and automatic renewal after the initial period of 90 calendar days wherein the town has access to funds in the event the town must contract for the completion of the required landscaping. The time allowed for the completion of all landscaping shall not exceed 90 calendar days from the date of the issue of the certificate of occupancy and may be extended only by action of the planning commission. Any owner disagreeing with the refusal of the building official to issue the certificate of occupancy may appeal his decision to the planning commission, whose decision shall be final. Under no circumstance shall the commission partially approve landscaping. Approval of landscaping by the commission shall result in the return of the performance bond to the owner within ten days. Rejection shall require the continued holding of the performance bond until such time as the planning commission has given its full approval.

(2)

No land or building or other structure or part thereof hereafter built, moved or altered in its use shall be occupied or used until the town's building official shall have issued a certificate of occupancy stating that such land or structure or part thereof, including landscaping, is found to be in conformity with the provisions of this ordinance. The town official shall have five business days after submission of a request for a certificate of occupancy by an owner to make a final inspection. The building official shall then issue the certificate of occupancy if the premises are found to conform with the provisions of this ordinance or, if it not found to so conform, shall refuse to issue such certificate and shall state the reasons for refusal in writing, together with remedial actions which must be taken to correct the defects. As an exception to this provision, if the council, in its sole discretion, finds that the only significant alteration occurring at the subject property is in its use, that the use is of a similar character to the most recent previous use and that there will be no new buildings, structures, or other structural improvements and no, or substantially no, additions or alterations to any existing buildings, structures, parking lots or other improvements, the council may authorize the issuance of a certificate of occupancy, which may or may not, in its discretion, contain conditions for its issuance which must be met for the certificate to remain valid. After such a certificate is issued, any further alteration of use or any additional alteration of or addition to existing buildings, structures, parking lots or other improvements, or any new construction of any nature, shall require strict conformity to this ordinance in all respects.

(m)

Site plan expiration. Once a site plan has been approved it is valid for a period of 12 months, after which it becomes void unless a building permit has been issued based upon the approved site plan.

(n)

Enforcement.

(1)

Any person or entity violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 or sentenced to not more than 30 days in jail or punished by both such fine and imprisonment, plus the court costs. Each day that a violation continues shall constitute a separate offense.

(2)

In addition to enforcing the criminal sanctions provided in subsection (1) hereof, the town may institute an appropriate civil action to compel compliance with this ordinance or to correct or abate such violations and to prevent the occupancy of any such building, structure or land until the same is made to conform with the provisions of this ordinance.

(o)

Scope of application. All provisions of this section 6.2 shall apply to all real property hereafter designated as within the B-3 zone. Such provisions shall be in addition to the provisions in effect as to such property attributable to such property's primary or underlying zoning designation. In the event of conflicts between the overlay zone and the primary zone provisions, the overlay provisions shall prevail. It is the intent of this section that any given parcel of real property hereafter designated as within the B-3 zone should continue subject to all of the allowed uses and the restrictions of the primary zoning designation applicable to them unless the provisions of the B-3 zone specifically require otherwise and that the B-3 provisions apply over and above the provisions of the primary zoning designation. That is to say the overlay zone provisions shall govern over the underlying zone provisions where they conflict.

(p)

Nonconforming uses. As applicable to this section 6.2, the provisions of section 5.0 "nonconforming use" shall be applicable, except that within the B-3 zone and regardless of the underlying zone, the time allowed by section 5.0(a)(ii) shall be reduced from six months to 90 days and except that where the actual use is strictly residential, the time allowed by section 5.0(a)(ii) shall remain six months.

(Ord. No. 2017-03, § 1, 7-11-2017)