The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(a)

No building, structure, mobile home or manufactured home or land shall hereafter be used or occupied; and no building, structure, mobile home or manufactured home, or part thereof, shall hereafter be erected, constructed, reconstructed, moved, relocated or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk;

(2)

To accommodate or house a greater number of families;

(3)

To occupy a greater percentage of lot area; or

(4)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.

(c)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard open space, or off-street parking or loading space similarly required for any other building.

(d)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(e)

All territory which may hereafter be annexed to the city shall be considered to be in the R-F Rural Farm District until otherwise classified.

(Ord. of 4-15-2008, § 6-1)

Any parcel of land, use of land, building or structure existing at the time of enactment of the ordinance from which this chapter is derived, or any amendment hereto, that does not conform to the requirements of the district in which it is located may be continued and maintained subject to the following provisions:

(a)

Nonconforming vacant lots. This category of nonconformance consists of vacant lots for which plats or descriptions have been recorded in the office of the county probate judge which at the time of enactment of the ordinance from which this chapter is derived fail to comply with the dimensional requirements for the districts in which they are located. Any such nonconforming lot may be used for any of the uses permitted by this chapter in the district in which it is located, provided as follows:

(1)

Such vacant lot of record does not adjoin another lot of record to which it can be combined as called for in section 44-589.

(2)

Minimum requirements of the district for front yard, side yard, rear yard, and off-street parking shall be complied with.

(b)

Nonconforming occupied lots. This category of nonconformance consists of lots occupied by buildings or structures at the time of enactment of the ordinance from which this chapter is derived that fail to comply with minimum requirements for area, width, front yard, side yard, and rear yard for the districts in which they are located.

(c)

Nonconforming open uses of land. This category of nonconformance consists of lots used for storage yards, used car lots, auto wrecking, junk yards, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot and where such use of the land is not permitted to be established hereafter, under this chapter, in the district in which it is located. A legally established nonconforming open use of land may be continued except as follows:

(1)

When a nonconforming open use of land has been changed to a conforming use, it shall not thereafter revert to any nonconforming use.

(2)

Nonconforming open uses of land shall not be changed to any but conforming uses.

(3)

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

(d)

Nonconforming single-family dwellings. A single-family dwelling, which was lawful prior to the adoption or amendment of the ordinance from which this chapter is derived, but which fails, by reason of such adoption or amendment, to conform to the present requirements of this chapter, may always be used as a single-family dwelling, and shall not be subject to any other provisions of this section.

(e)

Nonconforming uses or structures. This category of nonconformance consists of buildings or structures used at the time of enactment of the ordinance from which this chapter is derived for purposes of use not permitted in the district in which they are located. Such uses may be continued as follows:

(1)

An existing nonconforming use of a building or structure may not be changed to another nonconforming use.

(2)

When a nonconforming use of a building or structure has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

(3)

A nonconforming use of a building or structure shall not be extended or enlarged except into portions of the structure which, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use.

(4)

Nonconforming existing mobile homes or manufactured homes, in either business or industrial districts may not be enlarged, expanded, structurally altered, nor continued as a residential use after vacation for a continuous period of 180 days unless the mobile home or manufactured home was vacated due to damage from fire, wind, flood or other casualty loss. In such event, the provisions of this subsection (e) shall control.

(5)

Maintenance and repairs necessary to keep a nonconforming structure in sound condition shall be permitted.

(6)

When any nonconforming use of a building, structure or mobile homes or manufactured home is vacated for a continuous period in excess of 180 days, the building, structure or mobile homes or manufactured home shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(7)

Nonconforming mobile home and manufactured home lots. This category of nonconformance consists of lots or parcels of land occupied by one or more mobile or manufactured homes which are located in a district in which they are not permitted at the time of the enactment of the ordinance from which this chapter is derived. When any mobile or manufactured home is removed from a nonconforming mobile or manufactured home lot, another mobile or manufactured home shall not thereafter be located upon the nonconforming lot, even as a substitute or replacement for the removed mobile or manufactured home, except as provided in subsections (e)(8) and (9) of this section.

(8)

Nonconforming manufactured home parks. This category of nonconformance consists of land occupied by a mobile or manufactured home park which is located in a district in which it is not permitted at the time of the enactment of the ordinance from which this chapter is derived. Such mobile or manufactured home park may not be enlarged, expanded, continued after vacation for a continuous period in excess of 180 days, nor replaced after destruction as required in subsection (f) of this section. Provided, however, that any manufactured home park located in a M-1 or M-2 district may replace an existing home with a replacement manufactured home only if the replacement manufactured home's date of manufacture is within ten years of the date of replacement, and is a substantial upgrade in quality and appearance from the manufactured home being replaced and such installation is in conformity with the rules of the Alabama Manufactured Housing Commission Administration Procedures Code, and upon the sale, transfer or disposition of any ownership interest in the park, the park must within 365 days of such sale, transfer or disposition be brought into compliance with article IV, except section 44-522(b)(1).

(9)

Except for the purposes of replacement or repair after damage, destruction, abandonment or vacation, which are governed by other provisions of this subsection (e) and subsection (f) of this section, a nonconforming, owner-occupied mobile or manufactured home in the R-2 Medium-Density Residential District, located on the subject premises prior to adoption of the ordinance from which this chapter is derived, may be removed from the premises and replaced with a new, not previously occupied, manufactured home, provided:

a.

The mobile or manufactured home to be replaced or enlarged, and the property on which it is located, must be owned by the occupant of the home;

b.

A mobile home permit or building permit is issued and all required utility permits are obtained;

c.

All manufactured homes shall be installed as provided in the rules of the Alabama Manufactured Housing Commission Administrative Procedures Code;

d.

In the event that a mobile or manufactured home is replaced pursuant to this subsection (9), the substitute manufactured home shall be removed from the premises, at such time as the owner no longer resides in the manufactured home;

e.

The replacement manufactured home or the improvement or addition shall comply with all building setbacks of the R-2 district.

(f)

Reconstruction of damaged buildings or structures.

(1)

Except as specified in subsection (f)(2) of this section, any nonconforming use which has been damaged by fire, wind, flood or other causes may be repaired and used as before if repairs are initiated in 12 months and completed within two years of such damage, unless such building or structure has been declared by the building inspector to have been damaged to an extent exceeding 80 percent of its assessed value at the time of destruction. If the building or structure is damaged to a degree greater than 80 percent, future use of the building and site must come into conformance with the regulations for the district in which it is located.

(2)

Nonconforming mobile homes or manufactured homes owned and occupied by the owner of the subject property at the time the mobile home or manufactured home is damaged by fire, wind, flood or other causes may be repaired and used as before if repairs are initiated in 12 months and completed within two years of such damage, unless such mobile home or manufactured home has been declared by the building inspector to have been damaged to an extent exceeding 80 percent of its reasonable fair market value at the time of destruction. If the mobile home or manufactured home was owned and occupied by the owner of the subject property at the time the mobile home or manufactured home was damaged to a degree greater than 80 percent, the mobile home may be replaced within three months after the date of destruction and shall conform to all requirements of the building codes and zoning district in which it is located. Mobile homes or manufactured homes which were not owned and occupied by the owner at the time that the damage was sustained shall not be repaired and shall be removed. All mobile homes or manufactured homes which are rehabilitated, reconstructed or repaired pursuant to this section after a casualty loss shall thereafter conform to all then existing minimum standard housing codes.

(g)

Nonconforming uses or structures in the airport approach, transitional, horizontal, and conical areas. The owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the zoning administrator or the federal aviation administration or other applicable authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained in a manner consistent with federal or state regulations and at the expense of the city.

(Ord. of 4-15-2008, § 6-2)

The district regulations shall be enforced and interpreted according to the following rules:

(a)

Permitted uses. Uses not designated as permitted uses or subject to additional conditions shall be prohibited. Conditional uses are permitted according to additional regulations imposed. These conditional uses can be approved only by the zoning board of adjustment. Additional uses may be added to this chapter by amendment.

(b)

Minimum regulations. Regulations set forth by this chapter shall be minimum regulations. If the district requirements set forth in this chapter are at variance with the requirements of any other lawfully adopted uses, regulations or ordinances, the more restrictive or higher standard shall govern.

(c)

Land covenants. Unless restrictions established by covenants with the land are prohibited by, or are contrary to, the provisions of this chapter, nothing herein contained shall be construed to render such covenants inoperative.

(Ord. of 4-15-2008, § 6-3)

In all districts, there shall be provided, at the time any building, structure, or use is established, enlarged or increased in capacity, off-street parking spaces for motor vehicles in accordance with the requirements herein specified. Such off-street parking spaces shall be maintained and shall not be encroached upon by structures or other uses so long as the principal building, structure, or use remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this chapter. Except for loft apartments, the provisions of this section shall not apply to the C-2 Central Business District.

(a)

Plans. Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, shall be submitted to the building inspector for review at the time of application for a building permit for the erection or enlargement of a building.

(b)

Location of off-street parking areas. Required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof, except that this distance shall not exceed 150 feet for single-family and two-family dwellings. This distance specified shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.

(c)

Parking in residential districts. Parking of motor vehicles in residential districts shall be limited to passenger vehicles and not more than one commercial vehicle of the light delivery type, not to exceed three-fourths ton shall be permitted per dwelling unit. The parking of any other type of commercial vehicle, except for those parked on school or church property, is prohibited in a residential zone.

(d)

Off-street parking area design. Each off-street parking space for automobiles shall be not less than 162 square feet in area with an access aisle of at least 22 feet in width and shall be of usable shape and condition.

(1)

These shall be provided a minimum access drive of ten feet in width, and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles.

(2)

Parking aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of the parking space. The minimum width of such aisles shall be:

a.

For 90 degree or perpendicular parking, the aisle shall not be less 22 feet in width.

b.

For 60-degree parking, the aisle shall not be less than 18 feet in width.

c.

For 45-degree parking, the aisle shall not be less than 15 feet in width.

d.

For parallel parking, the aisle shall not be less than 12 feet in width.

(3)

All off-street parking spaces shall not be closer than five feet to any property line, except where a wall, fence or compact planting strip exists as a parking barrier along the property line.

(4)

All off-street parking areas shall be drained so as to prevent drainage to abutting properties and constructed of asphalt or concrete paving type materials.

(5)

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lot or institutional premises.

(6)

Any off-street parking area providing space for five or more vehicles shall be effectively screened on any side which adjoins or faces property adjoining a residential lot by a wall, fence, or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

(7)

All off-street parking areas that make it necessary for vehicles to back out directly into a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one- or two-family dwellings.

(e)

Collective parking. Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied if the permanent allocation of the requisite number of spaces designated is not less than the sum of individual requirements.

(f)

Determining requirements. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:

a.

Floor area. In the case where the floor area is the unit for determining the required number of off-street parking spaces, the unit shall mean the gross floor area, except that such floor area need not include any area used for parking within the principal building and need not include any area used for incidental service storage, installations of mechanical equipment, ventilators and heating systems and similar uses.

(g)

Schedule of off-street parking spaces. The minimum required off-street parking spaces shall be set forth in the following schedule of off-street parking spaces. Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

(h)

Exception. The parking requirements for all uses proposed on a lot shall be cumulative, unless the board of adjustment shall find that the parking requirements of a particular land use occur at different hours from those of other contiguous land uses, such that particular land use parking areas can be advantageously used during nonconflicting hours by the other contiguous land use, in which event the required parking spaces for such particular land use may be reduced by the board of adjustment to a minimum of the greatest number of spaces required for any of such contiguous land uses.

(Ord. of 4-15-2008, § 6-4; Ord. No. 2017-08, § 3, 6-20-2017)

In connection with every building, structure, or use hereafter erected, except residential structures, which customarily receive or distribute material or merchandise by vehicle, there shall be provided on the same lot with such buildings, off-street loading and unloading space.

(a)

Plans. Plans and specifications showing required loading and unloading spaces including the means of ingress and egress and interior circulation shall be submitted to the building inspector for review at the time of application for a building permit or certificate of occupancy.

(b)

Off-street loading area design. Each off-street loading and unloading space shall not be less than ten feet in width and 55 feet in length with not less than 15 feet in height clearance. Any loading-unloading space shall not be closer than 50 feet to any other lot located in any residential district unless wholly within a completely enclosed structure or unless enclosed on all sides by a wall, fence, or compact planting not less than six feet in height.

(c)

Off-street loading area space requirements.

a.

Retail operations: One loading space for each 20,000 square feet of gross floor area, or fraction thereof.

(Ord. of 4-15-2008, § 6-5)

Accessory buildings may be erected on any lot; however, such buildings shall be located so as to comply with the following requirements:

(a)

No accessory building shall be erected in any required front or side yard and shall not occupy more than 30 percent of any required rear yard. Accessory buildings shall be at least five feet from the rear lot line and ten feet from the side lot line, except in the R-3 district which shall be eight feet from the side lot line. In the case of an easement or alley, the accessory structure may be built on the easement or alley line.

(b)

In the case of a corner lot adjoined in the rear by a lot facing the side street, the accessory structure shall be located in such a manner as to conform with the front and side yard requirements of the adjoining lot.

(Ord. of 4-15-2008, § 6-6)

No type of exterior sign may be erected, posted, reposted, placed, replaced, hung, painted, or repainted in any district except in compliance with this section.

(a)

Signs not requiring a permit. The following types of signs may be allowed in any district without a permit:

(1)

Any on-premises sign not exceeding two square feet in area and bearing only property numbers, names of occupants, or business and professional signs not exceeding two square feet in area.

(2)

Temporary, on-premises real estate signs, such as "for sale" or "for rent" signs, not exceeding four square feet in area and non-illuminated.

(3)

Off-premises directional signs for places of worship, public buildings and public facilities. Such signs shall not exceed six feet in area.

(4)

On-premises signs for churches or public buildings to include bulletin boards, lighted or unlighted, not exceeding 15 square feet in area. Such signs must meet the yard requirements for the district in which they are located.

(5)

On-premises signs which do not exceed 20 square feet in area, which advertise the sale of agricultural products which were produced on the premises.

(6)

Legal notices, identification, informational or directional signs required by governmental bodies.

(7)

On premises signs directing and guiding traffic to parking areas on private property, bearing no advertising matter, and do not exceed two square feet in area.

(8)

Other on-premises, outdoor advertising devices, including, but not limited to, plaques, banners, pennants, streamers, and posters are permitted for a period of not more than two weeks after the opening of a new business or sale.

(b)

Signs requiring a permit. No sign except those listed in subsections (a)(1) through (7) of this section shall be erected in any R-F, R-1, R-2 or R-3 district, and no sign except those listed in subsections (a)(1) through (8) of this section shall be erected in any C-1, C-2, C-3, C-4, M-1, or M-2 district, without a permit obtained from the zoning administrator. Each sign shall require a separate permit and each permit application shall be accompanied by a nonrefundable $25.00 fee and plans which show the following:

(1)

Location of the proposed site, the property owner, present use, and zoning district.

(2)

Location of the sign on the lot in relation to property lines and existing signs and structures, as well as zoning district boundaries.

(3)

Complete structural specifications including anchoring and support for projecting signs and outdoor advertising signs.

(4)

Any additional information needed to determine if such sign is to be erected in conformance with this chapter.

(c)

General sign regulations. All signs shall be subject to the following general regulations:

(1)

Sign location.

a.

No sign, when attached to a building, shall project closer than 18 inches to the curb line and shall be at least ten feet above the level of any walkway it may overhang.

b.

No sign except those erected for governmental purposes shall be permitted on any public right-of-way.

c.

Signs in the C-3 district may be placed up to ten feet from the front property line and shall conform to all other provisions of the district.

(2)

Height of sign.

a.

Freestanding signs, including supports, shall not exceed a height of 12 feet in a residential district.

b.

Signs attached to a building wall of a shopping center or in the C-1 district shall not extend above the height of the building wall at the location of the sign. Other signs attached to a building wall may extend not more than five feet above the building wall at the location of the sign.

c.

Unless otherwise specifically stated, all signs shall conform to the yard and height requirements of the district in which the sign is located.

d.

In the C-3 district, the maximum height of an on-premises freestanding sign shall be 100 feet, when the sign is located west of Interstate Highway 59, within 1,000 feet of the interchange of Interstate Highway 59 and Alabama Highway 35, measured from the centerline of Interstate Highway 59 and the centerline of Alabama Highway 35.

(3)

Illuminated and moving signs.

a.

A sign may be illuminated if the illumination is confined to or directed to the surface of the sign. No flashing, rotating, or intermittent illumination shall be permitted except signs in the C-2, C-3, C-4, M-1 and M-2 districts.

b.

The light sources of signs shall be so designed and shielded that they cannot be seen from beyond the property lines on which the sign is located, except that signs with exposed neon tubes shall be permitted in all commercial and industrial districts.

(4)

Signs creating obstructions or dangerous signs.

a.

Signs and advertising structures shall not obstruct any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress or egress for any building or structure.

b.

Whenever a sign or outdoor advertising structure becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety, the building inspector shall order that such sign or advertising structure be made safe or removed. Such order shall be complied with within 30 days of receipt thereof by the person, firm or corporation owning or using the sign or advertising structure or the owner of the building or premises on which such unsafe sign is affixed or erected.

c.

No sign may project movement or illumination and shall not interfere with or obstruct the view of traffic, nor shall any sign be confused with any authorized traffic sign, signal or device.

(d)

Signs allowed in R-F, R-1, R-2 and R-3 districts. The following signs only are allowed in the R-F, R-1, R-2 and R-3 districts: Signs as specified in subsections (a)(1) through (7) of this section.

(e)

On-premises signs permitted in the C-1 district.

(1)

Business identification signs for businesses not located in a shopping center.

a.

Each building may have one sign affixed flat against the wall of the building, which shall not exceed 0.25 square foot of area for each linear foot of length or height of the wall, whichever is greater. No such sign shall extend above the wall to which it is affixed.

b.

Each building may have one on-premises freestanding identification sign. Such sign shall not exceed 15 square feet in area, nor be closer to the front, side or rear property line than one-half the distance of the required setback.

(2)

Business identification signs for shopping centers.

a.

Each shopping center may have one on-premises freestanding identification sign which shall not exceed 30 square feet in area, nor be closer to the front, side, or rear property line than one-half the distance of the required setback.

b.

Each business located in a shopping center building may have one sign affixed flat against the wall of the premises, which shall not exceed 0.25 square foot of area for each linear foot of length or height of the wall, whichever is greater. No such sign shall extend above the wall to which it is affixed.

(e)

On-premises signs permitted in the C-2, C-3, C-4, M-1 and M-2 districts.

(1)

Business identification signs for businesses not located in a shopping center. Each building may have one sign affixed to the wall of the building and one freestanding sign. The area of the signs shall not exceed two square feet for each linear foot of building frontage; except where the building is located on a corner lot, in which case the building may have one sign affixed to the wall of the building facing each street and one freestanding sign facing each street. The copy area of the signs shall not exceed two square feet for each linear foot of building frontage facing each street.

(2)

Shopping centers.

a.

Each shopping center may have one on-premises freestanding sign facing each street. The area of the signs shall not exceed one square foot for each linear foot of building frontage facing each street.

b.

Each business located in a shopping center building may have one sign affixed flat against the wall of the premises, which shall not exceed one square foot of area for each linear foot of length or height of the wall, whichever is greater. No such sign shall extend above the wall to which it is affixed.

(f)

Off-premises signs.

(1)

Except as specifically permitted by subsection (a)(3) or (g)(2) of this section, off-premises signs are prohibited in all zoning districts.

(2)

Off-premises signs are permitted in the C-3, M-1 and M-2 districts, subject to the following restrictions:

a.

Signs are permitted only in locations where the sign is intended to be viewed from the main traveled way of Interstate Highway 59, defined as the through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.

b.

All such signs shall be spaced at no less than 1,500-foot intervals and shall be no larger than 600 square feet in area.

c.

Each sign structure may have a maximum of two signs which shall have parallel sign faces and be oriented in opposite directions.

d.

The maximum height of such signs shall be 60 feet above the main traveled way of Interstate Highway 59, measured at the centerline of the interstate highway pavement in the location closest to the sign structure.

e.

Signs shall not be located within 2,000 feet of an interstate highway interchange, measured from the centerline of Interstate Highway 59 and the centerline of the intersecting road or highway, at the point of intersection.

f.

Signs shall not be located within 1,000 feet of a state department of transportation directional or informational sign which is located within the interstate highway right-of-way.

(g)

Murals. No type of mural may be erected, posted, re-posted, placed replaced, hung, painted, or repainted in any district except in compliance with this section as follows:

(1)

Murals are permitted in the Main Street District, the Historic District, and within 125 feet of Gault Avenue between 24th Street N. and 12th Street S., where the complete sign is intended to be viewed from Gault Avenue, subject to the following restrictions:

a.

All such murals shall be painted on an exterior wall of a building as designated in a comprehensive site plan.

b.

All such murals located inside the Main Street District shall be accepted and endorsed by Fort Payne Main Street and approved by the planning commission after consideration of its location, size, and aesthetic enhancement to the Main Street District.

c.

All such murals located outside of the Main Street District, but within the Historic District or within 125 feet of Gault Avenue between 24th Street N. and 12th Street S. where the complete sign is intended to be viewed from Gault Avenue shall be approved by the planning commission in consultation with Fort Payne Main Street after consideration of its location, size, and aesthetic enhancement to the Historic District or within 125 feet of Gault Avenue between 24th Street N. and 12th Street S.

d.

All such murals shall consist solely of historical or communal subject matter with no commercial or private person or entity content.

(Ord. of 4-15-2008, § 6-7; Ord. No. 2024-06, § 1, 10-15-2024)

On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2.5 feet and ten feet in triangular area formed by a diagonal line between two points on the right-of-way lines, 20 feet from where they intersect. This regulation does not apply in the C-2 Central Business District.

(Ord. of 4-15-2008, § 6-9)

A mobile building used as a dwelling is a mobile home or a manufactured home. This section applies only to the use of mobile buildings for nonresidential purposes. For the purposes of this section, the term "mobile building" means a building, transportable in one or more sections, which is built on a permanent chassis, and designed to be occupied and used with or without a permanent foundation.

(a)

General regulations.

(1)

Mobile buildings may be used on a permanent basis in the M-1 and M-2 zoning districts, subject to the following restrictions:

a.

The mobile building shall only be used for supplemental office or training space.

b.

Each lot or parcel shall be limited to one such mobile building.

c.

If the mobile building is used for office space, it shall not be the only office space on a lot or parcel but shall be used to supplement office space located within a permanent building on the lot or parcel.

d.

The total floor area of the mobile building on a lot or parcel shall not exceed 2,000 square feet, or one-half of the office space floor area housed in the permanent building located on the same lot or parcel, whichever floor area is less.

e.

The mobile building shall be located adjacent to the permanent building which it serves and shall not be located closer than 100 feet from a single-family residential district boundary or public street right-of-way.

(2)

Unless otherwise specified in subsection (b) of this section, mobile buildings may be used on a temporary basis, upon application to, and approval of, the board of zoning adjustment, for conditional uses in the residential districts, and for permitted and conditional uses, except retail sales, in the commercial and manufacturing districts, for a period not to exceed six months. Although six months shall be the maximum permitted time period for temporary use of a mobile building, all temporary mobile building permits shall be for the shortest period of time which is justified by the application and accepted by the board of zoning adjustment. Such temporary permits shall be non-renewable.

(b)

Special applications.

(1)

School or governmental offices and classrooms. Mobile buildings may be used in any zoning district on a temporary basis for a period up to 12 months, upon application to, and approval by, the zoning administrator of the city, for use as classrooms or office facilities accessory to uses by a public school system or any federal, state, county or city governmental agency. Annual extensions of this permit for additional 12-month periods, up to a maximum total time of 36 months, may be made upon application to, and approval by, the board of zoning adjustment. Permits issued under this subsection shall be exempt from the cash performance bond requirement as stated in subsection (c) of this section.

(2)

Construction. Temporary permits for mobile buildings, used for office or storage purposes which are accessory to construction for which a building permit is currently issued, shall only require approval by the zoning administrator. Such permits shall expire with the building permit or completion of construction, whichever time period is shorter. Permits issued under this subsection shall be exempt from the cash performance bond requirement as stated in subsection (c) of this section.

(3)

Retail sales or gaming.

a.

Temporary permits for mobile buildings used for the retail sale of food products, wares or fireworks, or for entertainment gaming, shall only require approval by the zoning administrator.

b.

Individual units. One to three mobile buildings used for these purposes may be temporarily grouped or placed at the same location at the same time in a commercial zoning district for a period up to two months. Such permits may be renewed one time during a 12-month period upon approval by the zoning administrator. Permits issued for these individual units in commercial zoning districts are subject to both permit fees as stated in this subsection (b) and cash performance bond requirements as stated in subsection (c) of this section for each separate unit.

c.

Carnivals, circuses, festivals or events. Four or more mobile buildings used and grouped for such purposes under a unified theme, sanction, or business arrangement may be permitted as a single unit in a commercial zoning district, or on property owned by a public agency or governmental unit in any zone, for the duration of the carnival, circus, festival or event not to exceed 14 days. Such permitted collective groups of mobile buildings in a commercial zoning district shall be subject to a single permit fee of $100.00 and a single cash performance bond requirement as stated in subsection (c) of this section.

d.

Exceptions. All permit fees and cash performance bond requirements shall be waived when:

1.

The collective units in the carnival, circus, festival or event are located on property owned by a public agency or governmental unit in any zone; or

2.

The carnival, circus, festival or event is located in a commercial zoning district and is specifically sanctioned by the mayor and city council and sponsored by a not-for-profit entity, agency or corporation.

(4)

Permit fee required. Each permit or permit renewal application made under this section shall be accompanied by a nonrefundable $25.00 fee, unless otherwise specified.

(c)

Cash bond requirement.

(1)

Unless otherwise specified in subsection (b) of this section, all applications to erect or place mobile buildings shall be accompanied by a $1,000.00 cash performance bond. This bond shall be refunded to the applicant in the event that the board of zoning adjustment or the zoning administrator, whichever is applicable, denies the application. In the event that the application to place a temporary mobile building is granted, the cash bond will be returned to the applicant if the mobile building is removed before or on the date of the expiration of the temporary permit.

(2)

Upon failure of the applicant to remove the temporary building by the expiration date of the temporary permit, the cash bond shall be immediately forfeited to the city if applicable, and condemnation proceedings will be commenced against the mobile building. If the terms or conditions for use of a mobile building are violated, the permit shall be revoked.

(Ord. of 4-15-2008, § 6-10)

It is the intent of this section to prevent the creation or establishment of hazards to air navigation.

(a)

Airport zones. In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Isbell Field. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are defined as follows:

(1)

Runway 04 approach zone. The inner edge of the Runway 04 approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Runway 22 approach zone. The inner edge of the Runway 22 approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(4)

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways from the center end of the primary surface and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(5)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(b)

Airport zone height limitations. Except as otherwise provided in this section, no structure, including a mobile object, shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are established for each of the zones in question as follows:

(1)

Runway 04 approach zone. The Runway 04 approach zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2)

Runway 22 approach zone. The Runway 22 approach zone slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the runway centerline.

(3)

Transitional zones. The transitional zone slopes seven feet outward for each foot upward beginning at the side of and at the same elevation as the primary runway surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 876.85 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface.

(4)

Horizontal zone. The horizontal zone is established at 150 feet above the airport elevation.

(5)

Conical zone. The conical zone slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(c)

Use restriction. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering aircraft intending to use the airport.

(Ord. of 4-15-2008, § 6-11)