Supplementary regulations.
(A)
Supplementary use regulations.
(1)
Structure to have access. Every structure hereafter erected or moved shall be so located on a building site as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(2)
Accessory buildings. No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.
(3)
Outdoor storage. No appliances, such as washing machines and refrigerators, and no equipment, including major recreational equipment such as boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, shall be stored or parked for more than twenty-four (24) hours in any residence district except in a carport or enclosed building or behind the nearest portion of a building to a street. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any residence district other than in completely enclosed buildings.
(4)
Illumination of uses. Lighting used to illuminate signs, parking areas or for other purposes shall be so arranged that the source of light does not shine directly into adjacent residential premises or into traffic.
(5)
Development of flood-prone areas. Development of flood-prone areas shall be subject to the requirements outlined in the City of Florence Flood Damage Prevention Regulations.
(B)
Supplementary area regulations.
(1)
Dwelling on small building site. Where a lot located in a residence district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for one-family dwelling.
(2)
Business or industry on small building site. Where a lot located in an industrial district or in a residence-business district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for any use permitted in the district.
(C)
Supplementary height regulations.
(1)
Height exceptions. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, parapet walls, cornices or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(2)
Excess height. In any R-1, R-2, R-3, R-B, B-1, B-1H, H-1, SD or FAR district, two (2) feet in building height may be added above the height limit for the district for each one (1) foot of side yard provided in excess of eight (8) feet. Such excess building height as related to side yards shall be construed to relate portions of buildings nearest to such side yards to the adjacent side yards only, except where the portion of a building is so located and of such a height as to require an increase in the other side yard to remain within a light plane established within the interior side yard line on the adjacent building site and the highest point on a building which could be erected under general height regulations for the district on the building site involved at the interior side yard line.
Side yards adjacent to streets shall require such increases only where height of the erected portion of the building exceeds seventy-five (75) feet in R-1, R-2, R-3, R-B, B-1, B-1H, H-1, SD, I-1 or FAR districts or one hundred (100) feet in R-B districts and shall not require such increases in I-2 districts.
(3)
Compensating bulk and open space. To permit variety in the shape and bulk of structures, upon approval of the building official, and subject to such limitation as it may prescribe for the protection of adjacent property, in any district, part of main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided a volume of space at least equal to the volume of space occupied by the part of the structure exceeding the height limit is provided and kept open below the height limit. It is intended that such open space below the height limit shall compensate for the bulk above the height limit, and that both the excess bulk and the compensating open space shall be provided on the same building site.
(D)
Supplementary yard regulations.
(1)
Buffer planting strips. Wherever the boundary of a building site in an R-3, R-B, B-1, B-1 H, B-2, B-3, H-1, SD, FAR, I-1 or I-2 district adjoins an R-1 or R-2 district there shall be provided on such building site a buffer planting strip not less than thirty (30) feet in width and planted in accordance with the Section XI, Landscaping regulations. Any required yard shall be counted as part of such buffer planting strip. Buffer planting strips shall comply with the following regulations:
(a)
Landscaping. Screen planting shall be provided in sufficient density and of sufficient height (but in no case less than eight (8) feet high two (2) years after planting) to afford protection to the residence district from the glare of lights from blowing paper, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition.
(b)
Use of land. No part of a buffer planting strip shall be used for any purpose other than screen planting unless such screen planting is provided adjacent to the residence district in sufficient depth and density to accomplish the purpose of protection, in which case as much as twenty (20) feet of the required thirty (30) feet may be used for parking or other open space uses not in conflict with the purpose of protection of the adjacent residence district nor in violation of any other provision of this ordinance.
(c)
Decorative masonry wall. In the case of a lot of record on the effective date of this ordinance, such lot being so unusually small that provision of the thirty-foot buffer planting strip precludes the reasonable use of the property for the uses permitted in the district in which the lot is located, upon approval of the building official, and subject to such conditions as may be prescribed to achieve the purpose of screen planting, a decorative masonry wall eight (8) inches thick and eight (8) feet high may be substituted for the screen planting. In such case, the buffer planting strip may be reduced to no less than twenty (20) feet.
The requirement for a buffer planting strip may be waived by the building official to create or expand a business or industry district if future extension of the business or industry district is anticipated and that the proposed building wall will present an acceptable appearance to the adjacent district. Waiver of the requirement for a buffer planting strip shall not constitute waiver of any side yard requirement.
(2)
Minimum side yard width. In any district where side yards are not required by the district regulations, if a side yard is provided it shall have a width of at least five (5) feet.
(3)
Corner building site. In any district, a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than thirty (30) feet.
(4)
Visibility at intersections. On a corner building site in all districts, except a B-3 district, no fence, wall, hedge, structure, or planting creating a material impediment to visibility between the heights of two and one-half (2½) feet and eight (8) feet above the street grade at the intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing yards. In determining the triangular area in a B-2 or SAE district, the yard requirements shall be the same as in a B-1 district.
(5)
Side yard exceptions for small lots. Where side yards are required and a lot is less than sixty (60) feet in width, and, on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, each side yard shall have a width of not less than one-seventh ( 1/7 ) the width of the lot; provided, however, that in no case shall a side yard have a width of less than five (5) feet.
(6)
Major street lines. Front yard depth and, in the case of a corner building site, side yard width shall be measured from the future street right-of-way line of a major street established on the plan for circulation (major street plan).
(7)
Fences, walls and hedges. No fence, wall or hedge that obstructs sight shall be erected, altered or placed in any required front yard to exceed a height of two and one-half (2½) feet above the street grade and no fence, wall or hedge shall be erected, altered or placed in any required side or rear yard to exceed a height of eight (8) feet.
(E)
The B-3, central business district, historic districts, historic structures, and historic sites. New construction or redevelopment of existing structures within the B-3 (Central business district of the City of Florence), historic districts, historic structures or historic sites which have been recognized or are officially determined eligible for recognition by the National Register of Historic Places or the Alabama Historic Commission as Historic Sites or Districts, shall be subject to the following regulations.
(1)
Conformance with historic character. All historic sites and structures therein shall be designed to conform to the historical and architectural character of the district. This conformance will include building design and appearance.
(2)
Standards for rehabilitation. Other than routine maintenance to existing structures, any proposed changes to the exterior of existing structures, sites, or proposed erection of new structures, including, but not limited to fencing, decks, etc, must first be reviewed and approved by the Florence Historical Board to ensure conformance with the historical and architectural character of the district. Reviews shall be based on site development plan and architectural drawings, as outlined on applications available in the Florence Building Department.
The Florence Historical Board shall apply the following advisory standards as recommended by the Secretary of the Interior for a historical review:
(a)
Every reasonable effort should be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and it's environment or to use the property for its originally intended purpose.
(b)
The distinguishing original qualities or character of a building, structure, site or its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(c)
All building, structures and sites should be recognized as products of their own time. Alterations that have no historical basis which seek to create an earlier appearance should be discouraged.
(d)
Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and its significance should be recognized and respected.
(e)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site should be treated with sensitivity.
(f)
Deteriorated architectural features should be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(g)
The surface cleaning of structures should be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
(h)
Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to, any project.
(i)
Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood, or environment.
(j)
Whenever possible, new additions or alterations to structures should be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would remain.
(F)
Protection standards.
(1)
Noise. There shall be no production by any use of noise that at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.
(2)
Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration that is perceptible beyond any boundary of the building site on which the use is located.
(3)
Dust, dirt, odors, gases, smoke and radiation. There shall be no emission by any use of dust, dirt, odors, gases, smoke or radiation that is in an obnoxious or dangerous amount or degree beyond any boundary of the building site on which the use is located.
(4)
Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the building site on which the use is located.
(5)
Wastes. No materials or wastes shall be stored in such a manner that they may be transferred off the building site by natural forces or causes.
Supplementary regulations.
(A)
Supplementary use regulations.
(1)
Structure to have access. Every structure hereafter erected or moved shall be so located on a building site as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(2)
Accessory buildings. No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.
(3)
Outdoor storage. No appliances, such as washing machines and refrigerators, and no equipment, including major recreational equipment such as boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, shall be stored or parked for more than twenty-four (24) hours in any residence district except in a carport or enclosed building or behind the nearest portion of a building to a street. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored in any residence district other than in completely enclosed buildings.
(4)
Illumination of uses. Lighting used to illuminate signs, parking areas or for other purposes shall be so arranged that the source of light does not shine directly into adjacent residential premises or into traffic.
(5)
Development of flood-prone areas. Development of flood-prone areas shall be subject to the requirements outlined in the City of Florence Flood Damage Prevention Regulations.
(B)
Supplementary area regulations.
(1)
Dwelling on small building site. Where a lot located in a residence district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for one-family dwelling.
(2)
Business or industry on small building site. Where a lot located in an industrial district or in a residence-business district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for any use permitted in the district.
(C)
Supplementary height regulations.
(1)
Height exceptions. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, parapet walls, cornices or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(2)
Excess height. In any R-1, R-2, R-3, R-B, B-1, B-1H, H-1, SD or FAR district, two (2) feet in building height may be added above the height limit for the district for each one (1) foot of side yard provided in excess of eight (8) feet. Such excess building height as related to side yards shall be construed to relate portions of buildings nearest to such side yards to the adjacent side yards only, except where the portion of a building is so located and of such a height as to require an increase in the other side yard to remain within a light plane established within the interior side yard line on the adjacent building site and the highest point on a building which could be erected under general height regulations for the district on the building site involved at the interior side yard line.
Side yards adjacent to streets shall require such increases only where height of the erected portion of the building exceeds seventy-five (75) feet in R-1, R-2, R-3, R-B, B-1, B-1H, H-1, SD, I-1 or FAR districts or one hundred (100) feet in R-B districts and shall not require such increases in I-2 districts.
(3)
Compensating bulk and open space. To permit variety in the shape and bulk of structures, upon approval of the building official, and subject to such limitation as it may prescribe for the protection of adjacent property, in any district, part of main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided a volume of space at least equal to the volume of space occupied by the part of the structure exceeding the height limit is provided and kept open below the height limit. It is intended that such open space below the height limit shall compensate for the bulk above the height limit, and that both the excess bulk and the compensating open space shall be provided on the same building site.
(D)
Supplementary yard regulations.
(1)
Buffer planting strips. Wherever the boundary of a building site in an R-3, R-B, B-1, B-1 H, B-2, B-3, H-1, SD, FAR, I-1 or I-2 district adjoins an R-1 or R-2 district there shall be provided on such building site a buffer planting strip not less than thirty (30) feet in width and planted in accordance with the Section XI, Landscaping regulations. Any required yard shall be counted as part of such buffer planting strip. Buffer planting strips shall comply with the following regulations:
(a)
Landscaping. Screen planting shall be provided in sufficient density and of sufficient height (but in no case less than eight (8) feet high two (2) years after planting) to afford protection to the residence district from the glare of lights from blowing paper, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition.
(b)
Use of land. No part of a buffer planting strip shall be used for any purpose other than screen planting unless such screen planting is provided adjacent to the residence district in sufficient depth and density to accomplish the purpose of protection, in which case as much as twenty (20) feet of the required thirty (30) feet may be used for parking or other open space uses not in conflict with the purpose of protection of the adjacent residence district nor in violation of any other provision of this ordinance.
(c)
Decorative masonry wall. In the case of a lot of record on the effective date of this ordinance, such lot being so unusually small that provision of the thirty-foot buffer planting strip precludes the reasonable use of the property for the uses permitted in the district in which the lot is located, upon approval of the building official, and subject to such conditions as may be prescribed to achieve the purpose of screen planting, a decorative masonry wall eight (8) inches thick and eight (8) feet high may be substituted for the screen planting. In such case, the buffer planting strip may be reduced to no less than twenty (20) feet.
The requirement for a buffer planting strip may be waived by the building official to create or expand a business or industry district if future extension of the business or industry district is anticipated and that the proposed building wall will present an acceptable appearance to the adjacent district. Waiver of the requirement for a buffer planting strip shall not constitute waiver of any side yard requirement.
(2)
Minimum side yard width. In any district where side yards are not required by the district regulations, if a side yard is provided it shall have a width of at least five (5) feet.
(3)
Corner building site. In any district, a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than thirty (30) feet.
(4)
Visibility at intersections. On a corner building site in all districts, except a B-3 district, no fence, wall, hedge, structure, or planting creating a material impediment to visibility between the heights of two and one-half (2½) feet and eight (8) feet above the street grade at the intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing yards. In determining the triangular area in a B-2 or SAE district, the yard requirements shall be the same as in a B-1 district.
(5)
Side yard exceptions for small lots. Where side yards are required and a lot is less than sixty (60) feet in width, and, on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, each side yard shall have a width of not less than one-seventh ( 1/7 ) the width of the lot; provided, however, that in no case shall a side yard have a width of less than five (5) feet.
(6)
Major street lines. Front yard depth and, in the case of a corner building site, side yard width shall be measured from the future street right-of-way line of a major street established on the plan for circulation (major street plan).
(7)
Fences, walls and hedges. No fence, wall or hedge that obstructs sight shall be erected, altered or placed in any required front yard to exceed a height of two and one-half (2½) feet above the street grade and no fence, wall or hedge shall be erected, altered or placed in any required side or rear yard to exceed a height of eight (8) feet.
(E)
The B-3, central business district, historic districts, historic structures, and historic sites. New construction or redevelopment of existing structures within the B-3 (Central business district of the City of Florence), historic districts, historic structures or historic sites which have been recognized or are officially determined eligible for recognition by the National Register of Historic Places or the Alabama Historic Commission as Historic Sites or Districts, shall be subject to the following regulations.
(1)
Conformance with historic character. All historic sites and structures therein shall be designed to conform to the historical and architectural character of the district. This conformance will include building design and appearance.
(2)
Standards for rehabilitation. Other than routine maintenance to existing structures, any proposed changes to the exterior of existing structures, sites, or proposed erection of new structures, including, but not limited to fencing, decks, etc, must first be reviewed and approved by the Florence Historical Board to ensure conformance with the historical and architectural character of the district. Reviews shall be based on site development plan and architectural drawings, as outlined on applications available in the Florence Building Department.
The Florence Historical Board shall apply the following advisory standards as recommended by the Secretary of the Interior for a historical review:
(a)
Every reasonable effort should be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and it's environment or to use the property for its originally intended purpose.
(b)
The distinguishing original qualities or character of a building, structure, site or its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(c)
All building, structures and sites should be recognized as products of their own time. Alterations that have no historical basis which seek to create an earlier appearance should be discouraged.
(d)
Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and its significance should be recognized and respected.
(e)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site should be treated with sensitivity.
(f)
Deteriorated architectural features should be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(g)
The surface cleaning of structures should be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
(h)
Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to, any project.
(i)
Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood, or environment.
(j)
Whenever possible, new additions or alterations to structures should be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would remain.
(F)
Protection standards.
(1)
Noise. There shall be no production by any use of noise that at any boundary of the building site is in excess of the average intensity of street and traffic noise at that boundary.
(2)
Heat, glare and vibration. There shall be no emission by any use of objectionable heat, glare or vibration that is perceptible beyond any boundary of the building site on which the use is located.
(3)
Dust, dirt, odors, gases, smoke and radiation. There shall be no emission by any use of dust, dirt, odors, gases, smoke or radiation that is in an obnoxious or dangerous amount or degree beyond any boundary of the building site on which the use is located.
(4)
Hazard. There shall not be created or maintained by any use any unusual fire, explosion or safety hazard beyond the boundary of the building site on which the use is located.
(5)
Wastes. No materials or wastes shall be stored in such a manner that they may be transferred off the building site by natural forces or causes.