(a)

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 otherwise provided in this chapter.

(b)

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

(c)

No building or other structure shall hereafter be erected or altered (i) to exceed the height or bulk, (ii) to accommodate or house a greater number of families, (iii) to occupy a greater percentage of building site area, or (iv) to have narrower or smaller rear yards, front yards, side yards or other open spaces than required in this chapter, or in any other manner contrary to the provisions of this chapter.

(d)

No part of a yard or other open space or off-street parking or loading space required about or in connection with any structure 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.

(e)

No yard or building site existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards or building sites created after such effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(f)

Every building or other structure hereafter erected or moved shall have provided and continuously maintained for it a separate building site as defined in this chapter.

(Code 1982, § 24-3)

(a)

This district is composed of land and structures situated in areas with existing or potentially high scenic value. The district design standards and guidelines are created to advance the economic development of the district, yet preserve and enhance its historical, cultural and architectural integrity in accordance with the improvement plan for the district.

(b)

A suffix representing the respective overlay districts shall be added to the zoning designations as follows:

(c)

The Downtown Design Review District shall consist of the area zoned B-4 in the downtown area.

(d)

The Alabama City Design Review District shall consist of the area zoned B-4 in the Alabama City area.

(e)

The Noccalula Road/North 12th Street, East Broad Street/Hoke Street, South 11th Street/Black Creek Parkway, Tuscaloosa Avenue, and Coosa Riverfront Design Review Districts shall consist of areas described by section 1 of Ordinance O-04-06.

(Ord. No. O-47-07, § 1, 6-5-2007)

(a)

(1)

The guidelines approved prior to 2007 by the Downtown Design Review Board and the Alabama City Design Review Board shall be guidelines for design review in the B-4 Districts, except as provided in subsection (a)(2).

(2)

The provisions of the guidelines for that portion of Signs #6 entitled "Window and Door Lettering" are amended to read as follows:

Signs #6

Window and Door Lettering

(1)

Window and door lettering is permitted for identification, (business information as required by City code) but not for advertising. Letters and/or logos should not cover more than 25% of the glass area. All window and door signage will be reviewed for appropriateness to its space.

(2)

Signs identifying tenants in upper stories can be lettered on the windows according to the above computations, i.e., not to exceed 25% of the window area.

(3)

No exterior face applied lettering will be allowed unless there exists a structural impracticability.

(4)

Either a telephone number or website address will be allowed as part of a window sign provided that the font size does not exceed four (4) inches. The telephone number or website address may not exceed 1% of the allowable sign area. The telephone number or website address is only allowed on the glass area and may not be included on awnings or other sign area.

(b)

The guidelines for all other overlay design review districts shall be as follows:

(1)

Permitted use. See chart in section 130-312.

(2)

Exterior colors. The Gadsden Design Review Board shall adopt color palettes appropriate to each overlay district.

(3)

Street furniture. The Gadsden Design Review Board shall adopt standards for benches, trash urns, lamp posts, and call boxes appropriate to each overlay district. Street furniture shall carry the architectural theme of the district and shall be complementary to district colors. Street furniture shall also contain a highlight of the building's and/or establishment's color scheme.

(4)

Exterior materials. Exterior walls shall be finished with permanent materials allowed under the building code. The following materials are not allowed:

1.

Vinyl siding.

2.

Metal siding except fascia panels and other accent areas.

3.

E.I.F.S. may not be used within three feet of finished grade along base or columns of buildings.

(5)

Off-street parking facilities.

a.

Number of spaces required. See subsection 130-411(d).

b.

Pedestrian walkways. Walkways shall connect more distant parking spaces to entrances of the development.

1.

Crosswalks. Crosswalks should be installed to ensure pedestrian safety. Crosswalks shall be made of concrete pavers, stamped asphalt/concrete or a comparable material and shall be of contrasting colors. Painted crosswalks are prohibited.

2.

Walkways. A minimum of one landscaped pedestrian walkway must be provided for every 250 parking spaces. Pedestrian walks shall be located between every other (alternate) parking bay, a parking bay being the vehicular access aisle and parking spaces on one or both sides served by it. If parking bays exceed 300 feet in length without vehicular access to adjacent bays or to another drive or street, a pedestrian walk shall be provided between each parking bay. Required pedestrian walks shall have a four-foot clear width and such shall be protected and maintained by curbs or wheel guards. All pedestrian walks shall be paved and maintained free of standing water.

(6)

Lighting. See the City of Gadsden Zoning Ordinance, section 130-411, off-street parking facilities, subsections (c)(2), pedestrian walks and (c)(6), lighting.

(7)

Landscaping.

a.

All sites shall have at least ten percent "green" vegetated areas.

b.

Development sites must provide one 180 square foot (nine feet by 20 feet) landscaped island for every 15 parking spaces in front parking areas and one island for every 20 spaces in all other parking areas. Up to 25 percent of the required landscaped islands may be combined to create large landscaped areas. A five-foot-wide planting strip is required between any parking row and building wall and between a parking row and a public right of way or private access drive. Landscaped islands shall be increased in size or number where the installation of planting strips adjacent to buildings is problematic.

c.

Landscaped islands/areas shall contain a mix of trees, shrubs, and turf grasses. (See section 130-203 for approved plant materials requirements.) Synthetic or artificial material shall not be used in lieu of plant requirements.

d.

All landscaped areas must be watered by fixed/permanent irrigation systems.

e.

The owner, lessee, and his agents shall be responsible for providing, maintaining, and protecting all landscaping in a healthy and growing condition, and for keeping it free from refuse and debris. All unhealthy and dead materials shall be replaced in accordance with section 130-205.

(8)

Signage.

a.

New pylon/elevated signs may have a height/area of up to 35 feet/150 square feet along Meighan Boulevard and US Highway 411, 25 feet/100 square feet along George Wallace Drive and Hood Avenue, and 15 feet/75 square feet along East Broad Street, Hoke Street, Noccalula Road, 12th Street, South 11th Street, and Black Creek Parkway. Only monument/ground signs up to 3.5 feet tall and up to 100 square feet in area are permitted along all other streets. Sign height is measured from the ground to the highest element on the sign structure.

b.

One freestanding sign is allowed for each street frontage per single- or multi-establishment development (i.e. shopping centers, office buildings/complexes, etc.).

c.

Wall signs may occupy no more than 20 percent of a building's total wall area; however, no sign shall exceed ten percent of any one wall. Roof signs are prohibited.

(9)

Additional regulations for Riverfront District.

a.

Relationship of buildings to site.

1.

A site clearance plan must be submitted showing existing trees, sizes, species and canopy spread to be removed. Permit requirements for clearing land are set forth in sections 6-201 et seq., regulating site clearance activities and erosion control.

2.

All new utility services shall be located underground. All antenna, microwave disc, satellite dish and/or any other receiving, transmitting, or beamable electronic signal equipment shall be located out of public view, including pedestrian traffic in and around the proposed use. Equipment may be placed on the structure's roof, provided it is screened from the street level pedestrian and vehicular traffic and river traffic, and meets appropriate zoning and telecommunication ordinance requirements.

3.

All restaurants adjacent to the river shall have exterior dining "patios." "Patios" shall be designed to be used in a year-round fashion, as much as is feasible by the inclusion of overhangs, arbors, etc. to provide shelter. All restaurants adjacent to the river are encouraged to provide "river service."

b.

Relationship of buildings and site to adjoining areas.

1.

Any new building or addition to an existing building adjoining buildings of different character or architectural styles shall be made compatible by means of screens, plantings, or materials.

2.

Walks shall be provided between buildings (from proposed to existing) in an area to promote travel between buildings by pedestrians. Likewise, all buildings adjacent to the river shall extend a walk to the Riverwalk. If the Riverwalk is incomplete, the design shall be coordinated to include the walk at the completion of the Riverwalk.

3.

Materials in walk surfaces should coordinate with the building. A minimum eight-foot walks on primary routes and minimum of five and one-half-foot walks on secondary and tertiary routes must be provided. All walk widths, surfaces and slopes shall meet latest ADA requirements. Pedestrian routes are to be included and clearly depicted in the proposed land use/site plan.

4.

For property adjacent to the river, the setback from the river side shall be of sufficient size to allow for the future construction of a Riverwalk and shall be a minimum of 25 feet from the Alabama Power Company easement.

5.

Parking is prohibited on the river side of the building line. Parking is prohibited in the river setback.

c.

Landscapes and site treatment.

1.

The natural topography and vegetation of the Riverfront Development District are unique. Every effort shall be made to reflect this natural character in the landscape development of projects in the district. Design unity shall come from plant massing as is found in undisturbed areas along the banks. Use of plant materials native to the Coosa Riverfront area is strongly encouraged.

2.

A land disturbance permit is required for all land disturbance activity, regardless of the size area disturbed. All sites shall have at least ten percent "green" vegetated areas.

3.

Service areas, including dumpsters, shall be screened with decorative walls, fences, plantings or combinations. These areas shall be effectively screened year-round. Dumpsters for single-tenant developments shall be located on either side of the building. Dumpsters for multi-tenant developments shall be located on the sides of the development if feasible. If not, dumpsters shall be placed in the rear of the development.

4.

Exterior lighting shall complement building and district designs. Area lighting shall be period decorative lighting. On developments adjacent to the Riverwalk, lighting will be provided to the rear entrances and along the pedestrian ways. Uplighting of trees, "Tivoli" string lighting, and seasonal lighting is strongly encouraged.

d.

Building design.

1.

For property adjacent to the river, the facade facing the river shall be comparable to the facade facing the street. For new structures, provision shall be made for use of an entrance on the river side to the Riverwalk within three months after the Riverwalk is built to that location. Until the construction of the Riverwalk to that location, only a facade comparable to a front entrance shall be provided on the river side.

2.

Buildings should have good scale and be in harmony with adjacent developments, e.g. a ten-story building in the midst of one- and two-story buildings would not be appropriate.

3.

Type V (wood frame) construction is prohibited in those portions of the district being in the central fire district. Consult the building code for appropriate materials.

4.

Developments should be designed for the area and climate, e.g. provide porches, wide overhangs, awnings, or sitting areas out of the elements.

5.

The use of a "stock" design is strongly discouraged. However, a "stock" design may be used if modified to provide a sense of "belonging" to the Riverfront Development District.

6.

Architectural lighting shall be incorporated into the design concept. Facade lighting shall be through the use of down lights or other concealed lighting. The effect of the lighting is primary, not the source. The source, however, shall be decorative in nature.

7.

Monotony of design in single or multiple buildings should be avoided.

e.

Signage.

1.

Signage in the district shall be understated and subtle. All signage shall be architectural elements, and as such shall express the color, materials, and lighting of the establishment they represent.

2.

Freestanding rear signage is prohibited.

3.

River side wall signage is required for buildings adjacent to the river. Wall signs may occupy up to ten percent of a building's river side wall area.

4.

The use of neon and internal lighting in the signage is encouraged.

5.

Multi-establishment marquees are encouraged.

6.

The amount of changeable marquee area shall be less than one third the total graphic signage area.

7.

"Skyhook", portable, flashing, or running traveling signage is prohibited.

(10)

A variance of up to ten percent from the applicable guidelines is permitted. Any further or additional variance must be approved by the design review board.

(c)

The board may recommend to the city council the adoption or revision of design guidelines to apply in considering granting or denying a certificate of appropriateness. Design standards for historic structures shall not conflict with the Secretary of the Interior's "Standards for Rehabilitation," 36 C.F.R. Parts 67 and 68.

(Ord. No. O-47-07, § 1, 6-5-2007; Ord. No. O-11-13, § 1, 4-2-2013; Ord. No. O-44-12, § 1, 6-19-2021)

Approved plant material in the design review districts, other than the B-4 Districts, shall be as described by section 1 of Ordinance O-04-06. The use of other plant materials must be approved by the planning department.

(Ord. No. O-47-07, § 1, 6-5-2007)

(a)

Certificate of appropriateness.

(1)

Application. An application for a certificate of appropriateness shall first be submitted to the planning department. If the planning department does not approve the application in accordance with this article and the applicable guidelines, the applicant may appeal to the design review board.

(2)

Alterations. No building or structure may be erected or demolished and no material change in appearance of any property or structure within a design review district shall be made unless an application for a certificate of appropriateness has been submitted to and approved by the city planning department. If a material change in appearance is made prior to review by the planning department and later is determined to be nonconforming by the board, the change must be removed by the building or business owner, or whoever was responsible for the alteration. If the change or alteration is not removed within 90 days from the date of such finding, the city shall then remove the change or alteration and charge the responsible party.

(3)

Demolition. An application involving demolition or relocation shall be accompanied by post-demolition or relocation plans for the site. A certificate of appropriateness shall not be issued for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans for the site.

(4)

New construction. A certificate of appropriateness shall be issued for a new structure constructed within a design review district if the structure conforms in design, scale, building materials, setback and landscaping to the character of the district specified in the design guidelines applicable to that district.

(5)

Signs. A sign shall be considered as a structure. No sign on a property in a design review district shall be changed, erected or demolished unless and until a certificate of appropriateness is issued and the sign meets other criteria established by the city. A plaque, historical marker, window display, holiday decoration, interior sign not visible from the outside of the structure, memorial sign, real estate sign, government sign, national flag and temporary sign pertaining to drives or events of a civic, philanthropic, educational or religious organization shall not require application for and approval of a certificate of appropriateness.

(6)

Color. A change in exterior color requires a certificate of appropriateness subject to the expedited procedure for approval of routine maintenance.

(7)

Painting originally unpainted surface. The painting of an originally unpainted surface requires a certificate of appropriateness.

(8)

Interior alteration. In its review of an application for a certificate of appropriateness, the interior arrangement or a use that has no effect on exterior architectural features shall not be considered.

(9)

Exception for religious use. The placement or removal of a religious symbol, artifact or object, including a stained glass window, does not require a certificate of appropriateness, so long as the structure remains intact and usable. The erection of a religious display does not require a certificate of appropriateness.

(b)

Submissions. An application for certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as the planning department may require. An appeal from the decision of the planning department must state the ground or basis for the appeal.

(c)

Fees. An application for a certificate of appropriateness shall be accompanied by such fee as the city council shall set by appropriate resolution. An appeal to the design review board shall be accompanied by such fee as the city council shall be set by appropriate resolution. In the absence of such a resolution, no fee shall be required.

(d)

Action on application for certificate of appropriateness.

(1)

The planning department shall approve the application and issue a certificate of appropriateness if it finds that the proposed exterior changes are consistent with the applicable design guidelines and the proposed use and development is consistent with the land use and development policies of any applicable revitalization plan.

(2)

The application for a certificate of appropriateness shall be denied if the proposed changes would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the property or the district.

(e)

Public meeting and hearing. Appeals shall be considered by the board at a public meeting held on a regular monthly time or at a special meeting with the time and place to be established by the board. At least seven days prior to the consideration of an appeal, the board shall post a notice of the meeting in compliance with the Open Meetings Act, including at least one conspicuous place within each district for which a proposal is to be considered at the meeting and may also publish notice of the hearing in a newspaper of general circulation. The board shall give written notice to the owners and occupants of any property it deems likely to be affected by reason of the application and shall give the applicant and any others affected by the application an opportunity to be heard.

(f)

Deadline for action on application of appropriateness.

(1)

The planning department (and the board on an appeal) shall approve, approve subject to modification or deny an application within 30 days after the receipt or hearing thereof, unless for good cause there is reason to delay a decision, including a request by the applicant. Evidence of approval shall be by a certificate of appropriateness issued by the city to the applicant. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the city.

(2)

Failure of the planning department or the board to act within said 30 days, unless the planning department or the board affirmatively acts to continue the matter, shall constitute approval. No other evidence of approval shall be needed.

(g)

Action to be taken upon rejection of application for certificate of appropriateness.

(1)

If the planning department or the board rejects an application, it shall state, in writing, its reasons for doing so and shall transmit a record of such action and reasons to the applicant within ten days of such rejection. The planning department and the board may suggest alternative courses of action it thinks proper. The applicant may modify the plans and may reapply at any time thereafter. The applicant may appeal a decision of the planning department to the board. The applicant may appeal a decision of the board to the board of zoning adjustment as provided in section 130-61.

(2)

Notice of action on an application shall be given to the building official. No building permit or certificate of occupancy shall be issued except in accord with an approved certificate of appropriateness.

(h)

Records. The planning department shall keep a public record of all applications and of all proceedings in connection with such application.

(i)

Conformance with approved certificate of appropriateness.

(1)

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. If the work performed is not in accordance with the certificate, the building official shall issue a "cease-and-desist" order and all work shall cease.

(2)

The building official is authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any use, occupancy or development, except those that comply with the provisions of this chapter or to prevent any illegal act or conduct with respect to such property or district.

(j)

Time limit for commencing and completing construction. A certificate of appropriateness becomes void unless construction is commenced within six months of the date of approval. For good cause shown, the planning department or the board may extend the original period of validity from six months to 12 months. Certificates of appropriateness are renewable in six-month increments. Construction should be completed within 24 months from the issuance of the certificate of appropriateness, but may be extended for good cause shown in six-month increments.

(k)

Technical advice. The planning department and the board shall have the power to seek technical advice from outside its members on any application, provided funds are appropriated for this purpose.

(Ord. No. O-47-07, § 1, 6-5-2007)

(a)

Exemption of routine maintenance. Routine maintenance to property, buildings or structures in a design review district is exempt from application for a certificate of appropriateness. Routine maintenance includes ordinary maintenance or repair of any exterior architectural or environmental feature in or on a property to correct deterioration, decay or damage or to sustain the existing form that does not involve a material change in design, material or outer appearance. Changes in exterior color shall not be exempt.

(b)

Failure to provide ordinary maintenance or repair.

(1)

No property owner within a design review district shall allow his building to deteriorate by failing to provide ordinary maintenance or repair.

(2)

The planning department and the board shall monitor and report to the building official the condition of property and existing building in a design review district to determine if they are being allowed to deteriorate by neglect. A condition such as a broken window, door or opening that allows the elements, moisture or vermin to enter, the deterioration of an exterior architectural feature, or the deterioration of a building's architectural system shall constitute failure to provide ordinary maintenance or repair.

(3)

If the building official determines there is a failure to provide ordinary maintenance or repair, the building official will notify the owner of the property and set forth the steps that need to be taken to remedy the situation. The owner of such property will have 90 days in which to take corrective action.

(4)

If the condition is not corrected in 90 days, the owner shall be guilty of an offense and shall be punished as provided in section 1-7 of the City Code. At the direction of the city council, such maintenance or repair as is necessary to prevent deterioration by neglect may be performed by city employees or through contract. The owner of the property shall be liable for the cost of such maintenance and repair performed by the city.

(Ord. No. O-47-07, § 1, 6-5-2007)

(a)

Establishment of design review board. The Gadsden Design Review Board is hereby established to consider appeals from decisions by the city planning department not to issue a certificate of appropriateness for all designated design review districts.

(b)

Composition and terms. The board shall be composed of eleven members. At least one member shall be a licensed architect. At least one member shall be a licensed architect, landscape architect, or other recognized design professional. At least one member shall be a resident, business owner or property owner in each council district. Two members shall be residents of the city. The mayor appoints the members of the board with the approval of the council. Members shall serve three-year terms and shall be appointed in such manner as to serve overlapping terms. Members of the board may be reappointed.

(c)

Removal. Members of the board may be removed for cause by the mayor with the approval of the council.

(d)

Filling of vacancies. Vacancies on the board shall be filled by persons appointed by the mayor with the approval of the council. Such appointments shall be for the unexpired term of the member replaced.

(e)

Officers, bylaws and rules of procedure. Members of the board shall elect a chairperson and vice-chairperson and such other officers as the members deem necessary. The first election shall be held at the board's organizational meeting. Thereafter, the election shall be held annually at the meeting in the month of October. The board shall adopt such bylaws and rules of procedure as it deems necessary.

(f)

Compensation. Members of the board shall serve without compensation, but may be reimbursed for reasonable expenses incurred on behalf of the board, provided funds are appropriated for that purpose.

(g)

Public meeting. All meetings of the board shall be public meetings and shall be held at designated times and places as are specified by the board.

(h)

Conflict of interest. At any time the board reviews a project in which a member of the board has ownership or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question.

(i)

Time for appeal. Any applicant who is aggrieved by the decision of the planning department on an application for a certificate of appropriateness may appeal that decision to the design review board by filing a written notice of appeal with the planning department within 30 days of the date of the decision by the planning department.

(Ord. No. O-47-07, § 1, 6-5-2007)

The regulations, guidelines, requirements, rules, and the provisions pertaining to the design review districts in B-4 districts shall not apply to churches in existence as of the date of adoption of an ordinance applying these regulations to the property where the church is located, nor to any property owned or thereafter acquired by such church which is used for noncommercial church purposes. Those provisions applicable to B-3 districts shall apply to all construction, improvement, and future use of said church property located in the area designated as B-4 district which is used for noncommercial church purposes.

(Ord. No. O-47-07, § 1, 6-5-2007)

(a)

Purpose. The R-1 districts are composed mainly of areas containing one-family dwellings and open areas where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities, to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings, and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. Except as provided in article VII of this chapter, the minimum building site area shall be:

(1)

For a one-family dwelling: 7,500 square feet.

(2)

For any other permitted use: 10,000 square feet.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be 33 percent.

(e)

Building height limit. Except as provided in article VII of this chapter, no structure shall exceed 2½ stories or 35 feet in height.

(f)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be:

(1)

Front yard: 25 feet.

(2)

Side yard: Eight feet.

(3)

Rear yard: 20 feet.

The sum of the widths of the two required side yards shall not be less than 20 feet.

(g)

Minimum floor area.

(1)

One family dwelling: 900 square feet.

(Code 1982, § 24-30; Ord. No. O-20-16, § 1, 4-12-2016)

(a)

Purpose. The R-2 districts are composed mainly of areas containing one-family and multiple-family dwellings and open areas where such development seems likely to occur. In many of them there is an evident trend toward increased population density through conversion of large houses into duplexes or apartments and through the use of remaining vacant land for apartment buildings. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities, to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches, to prevent overcrowding of the land by requiring certain yards and other open spaces for all buildings, and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. Except as provided in article VII of this chapter, the minimum building site area shall be:

(1)

For a one-family dwelling: 7,500 square feet.

(2)

For a multiple-family dwelling:

a.

First two dwelling units: 8,000 square feet.

b.

Each additional dwelling unit: 1,500 square feet.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be 33 percent.

(e)

Building height limit. Except as provided in article VII of this chapter, no structure shall exceed 2½ stories or 35 feet in height.

(f)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be:

(1)

Front yard: 25 feet.

(2)

Side yard: Eight feet.

(3)

Rear yard: 20 feet.

The sum of the widths of the two required side yards shall be not less than 20 feet.

(g)

Minimum floor area.

(1)

One family dwelling: 900 square feet.

(2)

Multiple family dwelling: 500 square feet.

(Code 1982, § 24-31; Ord. No. O-20-16, § 1, 4-12-2016)

(a)

Generally. The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-T residential townhouse and zero lot line dwelling district.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Area and dimensional regulations. In all permitted uses, the following area and dimensional regulations shall be observed:

(1)

Residential townhouses.

a.

Minimum floor area:

1.

One-story: 1,200 square feet.

2.

Two-story: 1,200 square feet (first floor: 600 square feet).

b.

Minimum yards:

1.

Front: 25 feet.

2.

Rear: 30 feet.

3.

Side: None.

c.

Minimum lot size:

1.

Width: 20 feet.

2.

Minimum lot area: 2,000 square feet.

(2)

Zero lot line dwellings.

a.

Minimum floor area:

1.

One-story: 1,200 square feet.

2.

Two-story: 1,200 square feet (first floor: 1,000 square feet).

b.

Minimum yards:

1.

Front: 25 feet.

2.

Rear: 20 feet.

3.

Side: One side yard of one inch; opposite side yard of 12 feet.

c.

Minimum lot area: 6,000 square feet.

d.

Minimum lot width (at building setback line): 50 feet.

e.

Minimum lot frontage: 20 feet.

f.

Maximum total building area: 50 percent of total lot area.

g.

Building height limitation: 2½ stories or 35 feet.

No building shall be located less than 35 feet from any boundary of the planned unit development. There shall not be less than 4,300 square feet of land area, including common area, for each townhouse dwelling in the planned unit development.

(d)

Parking regulations. Two parking spaces per unit are required.

(e)

Setbacks; separation of buildings. No building located in an R-T residential townhouse and zero lot line dwelling district shall be located nearer a dedicated exterior street than 35 feet. No building shall be located nearer a dedicated interior street than 25 feet. Townhouse buildings shall be separated by not less than 40 feet front-to-end, 40 feet back-to-back, 20 feet end-to-end, or 40 feet front-to-front.

(f)

Common lot lines. Zero lot line dwellings shall be constructed against the lot line on one side of a lot, with the exception of corner lots, and no windows, doors or other openings shall be permitted on this side. Where adjacent zero lot line dwellings are not constructed against a common lot line, the developer shall provide for a perpetual wall maintenance easement of five feet in width along the adjacent lot and parallel with such wall.

(g)

Minimum total area. The minimum total area in any R-T residential townhouse and zero lot line dwelling district shall be five acres.

(Code 1982, § 24-32)

(a)

Purpose. The B-1 districts are composed of land and structures occupied by or suitable for uses furnishing retail goods, such as groceries and drugs, and services, such as barbering and shoe repairing, to satisfy the daily household needs of the surrounding residential neighborhoods. Often located on a thoroughfare or near the intersection of two thoroughfares, these districts are small and within convenient distance of most of the areas they serve. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas.

(b)

Creation of additional districts. It is intended that additional neighborhood business districts will be created, in accordance with the amendment procedure of this chapter, as they are needed to serve new residential areas.

(c)

Permitted uses. See the chart in section 130-312.

(d)

Building site area. There is no minimum required building site area.

(e)

Building site coverage. The maximum building site coverage by all buildings shall be 50 percent.

(f)

Building height limit. Except as provided in article VII of this chapter, no structure shall exceed three stories or 45 feet in height.

(g)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be as follows:

(1)

Front yard: 25 feet.

(2)

There are no minimum required side and rear yards. For required buffer planting strips, see section 130-354.

(h)

Minimum floor area.

(1)

One family dwelling: 900 square feet.

(2)

Multiple family dwelling: 500 square feet.

(Code 1982, § 24-40; Ord. No. O-20-16, § 1, 4-12-2016)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The B-2 districts are composed of land and structures occupied by or suitable for uses furnishing, in addition to the retail goods and services supplied by the neighborhood business districts, the wider range of retail goods and services required by residents of a group or community of neighborhoods and by the city generally. Usually located on a thoroughfare or highway or near the intersection of principal thoroughfares or highways, these districts are large and within convenient distance of the area they serve. The district regulations are designed to permit the development of the districts for their purpose in a spacious arrangement of uses and structures.

(b)

Protection of residential areas. To protect the abutting and surrounding residential areas, certain restrictions are placed on uses.

(c)

Creation of new districts. It is intended that additional general business districts will be created, in accordance with the amendment procedure of this chapter, as they are needed to serve groups of new neighborhoods or the city generally.

(d)

Permitted uses. See the chart in section 130-312.

(e)

Building site area. There is no minimum required building site area.

(f)

Building site coverage. The maximum building site coverage by all buildings shall be 50 percent.

(g)

Building height limit. There is no building height limit except as limited by the International Building Code and as provided in article VII of this chapter. On-premise signs and all other structures, as allowed, shall not exceed 45 feet in height.

(h)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be as follows:

(1)

Front yard: 12 feet.

(2)

There are no minimum required side or rear yards. For required buffer planting strips, see section 130-354.

(i)

Minimum floor area.

(1)

Multiple family dwelling: 500 square feet.

(Code 1982, § 24-41; Ord. No. O-63-05, 4-26-2005; Ord. No. O-20-16, § 1, 4-12-2016)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The B-3 districts are composed of land and structures occupied by or suitable for uses furnishing the wide range of retail goods and services required by residents of the metropolitan area and of the trade area. They may also contain high-density residential developments for those who need or desire the convenience of proximity to central business district businesses and public services, as recommended in the downtown plan, a part of the city's comprehensive plan. Located on principal thoroughfares and transit routes, the districts are the traditional focus of commercial and administrative business activities of the city and its trade area. The district regulations are designed to permit the further development of the districts for their purpose in a compact and convenient arrangement of uses and structures that is urban in character.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. There is no minimum building site area, except for multiple-family dwellings, which shall have a building site of 1,000 square feet for each unit with a minimum of 50 units (50,000 square feet in the building site), except for dwellings above the first floor in existing buildings.

(d)

Building site coverage. There is no limit except that for multiple-family dwelling projects the buildings and parking shall be so designed and arranged that at least 25 percent of the building site is left as open space for the recreational use of the occupants.

(e)

Building height limit. There is no building height limit.

(f)

Yards. Except as provided in article VII of this chapter, no yards are required; provided, however, that a multiple-family dwelling shall have front, side and rear yards at least ten feet wide.

(g)

Minimum floor area.

(1)

Multiple family dwelling: 500 square feet.

(Code 1982, § 24-42; Ord. No. O-20-16, § 1, 4-12-2016)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. This district is composed of land and structures situated in a historical or scenic area. An appropriate mix of specialty retail, offices, professional services, institutional and housing uses is provided for in the district. The district serves as one of the historic centers of retail trade, banking, governmental services, cultural facilities and community institutions serving the community. The district further recognizes the growing interest and demand by certain segments of the metropolitan population for in-town housing convenient in proximity to activities. The district regulations are designed to advance the economic development of the district, yet preserve and enhance its historical and architectural integrity in accordance with the improvement plan for the district.

(b)

Permitted uses. See chart in section 130-312.

(c)

Building site area. There is no minimum building site area.

(d)

Building site coverage. No limit.

(e)

Building height limit. No limit.

(f)

Yards. Except as provided in article III on supplementary regulations, no yards are required.

(g)

Minimum floor area.

(1)

Multiple family dwelling: 500 square feet.

(Code 1982, § 24-43; Ord. No. O-16-03, § 1, 3-25-2003; Ord. No. O-33-05, § 3, 3-29-2005; Ord. No. O-67-06, 7-25-2006; Ord. No. O-47-07, § 1, 6-5-2007; Ord. No. O-20-16, § 1, 4-12-2016)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The I-1 districts are composed of land and structures occupied by or suitable for light manufacturing, wholesaling and similar uses. Located for convenient access for existing and future arterial thoroughfares, highways and railway lines, these districts are usually separated from residential areas by business districts or by natural barriers. The district regulations are designed to permit a range of light industrial activities subject to limitations intended to protect nearby residential and business districts.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. Except as provided in article VII of this chapter, the minimum building site area shall be 10,000 square feet.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be 75 percent.

(e)

Building height limit. There is no building height limit.

(f)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be:

(1)

Front yard: 25 feet.

(2)

Side yard: 15 feet.

(3)

Rear yard: 15 feet.

(Code 1982, § 24-50)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The I-2 districts are composed of land and structures occupied by or suitable for heavy manufacturing and related activities. Located for convenient access from existing and future arterial thoroughfares, highways, railway lines or waterways, these districts are usually separated from residential areas by business or light industry areas or by natural barriers; where they are adjacent to residential areas, some type of artificial separation may be required. The district regulations are designed to permit the development of the districts for their purpose, including almost any industrial uses but subject to conditions necessary for the mutual protection of the uses and city generally.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. Except as provided in article VII of this chapter, the minimum building site area shall be 10,000 square feet.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be 75 percent.

(e)

Building height limit. There is no building height limit.

(f)

Yards required. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be:

(1)

Front yard: 25 feet.

(2)

Side yard: 15 feet.

(3)

Rear yard: 15 feet.

(Code 1982, § 24-51)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The O-1 districts are composed of land and structures occupied by or suitable for business offices. The districts are located in proximity to major business districts. The district regulations are designed to permit the development of the districts for this purpose and to protect the abutting and surrounding residential areas by requiring certain minimum yard and area standards to be met, standards that are comparable to those called for in residence districts.

(b)

Permitted uses. See the chart in section 130-312.

(c)

Building site area. Except as provided in article VII of this chapter, the minimum building site area for any permitted use shall be 10,000 square feet.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be 33 percent.

(e)

Building height limit. Except as provided in article VII of this chapter, no structure shall exceed 2½ stories or 35 feet in height.

(f)

Yards. Except as provided in article VII of this chapter, the minimum dimensions of yards shall be:

(1)

Front yard: 25 feet.

(2)

Side yard: Ten feet.

(3)

Rear yard: 20 feet.

(g)

Minimum floor area.

(1)

One family dwelling: 900 square feet.

(2)

Multiple family dwelling: 50 square feet.

(Code 1982, § 24-60; Ord. No. O-20-16, § 1, 4-12-2016)

Cross reference— Businesses and occupations, ch. 22.

(a)

Purpose. The purpose of the town and country district (TCD) is to support human scale development, where residences, business and commercial uses are within walking distance of one another. These developments can range from small infill or redevelopment projects located in already-developed areas and relying on adjacent land uses, to larger new towns complete within their own village centers with mixed housing types. Buildings within these developments can vary as well, from neighborhoods consisting primarily of single-family attached and detached dwellings, to mixed use centers, complete with integrated retail, civic, office and residential uses, including live/work units or flexhouses, and housing units located on top of shops.

In smaller TCD developments (the "town" district), existing streets and amenities provide important services; while in larger TCD projects (the country district) various uses are connected and unified by a network of streets and walkways/paths providing a pedestrian and bicycle-friendly environment. Within this street network, on-street parking is provided as a traffic-calming and pedestrian-safety device, and street trees and sidewalks are incorporated to create an attractive and safe walking environment. Regardless of size, the pedestrian-oriented nature of the district is reinforced by human-scaled buildings which relate directly to the street, provide safe pedestrian access, and create a distinct district identity. In addition, the master planned nature of this district allows building setbacks to be reduced from conventional standards as part of a carefully programmed and cohesive design that integrates the building with the streetscape.

This district also supports the preservation of environmentally and historically sensitive or significant sites and the incorporation of a variety of open space and recreational amenities into new development. Different types of open space are distinguished, and uses permitted within each reflect the open spaces' unique purposes. Lot sizes may be smaller and more varied than conventional lots to provide for adequate densities while encouraging the preservation of green space.

Gadsden's proposed town and country district follows the Rural and Urban Transect Model developed by Duany, Plater-Zyberk and Company (DPZ). The transect illustrates the interrelationship of the zones as they holistically serve to enhance the community identity. As shown in figure 1 below, each environment or transect zone consists of design elements unique to its locational character, ranging from low density rural to high density urban with block sizes reflecting the intensity of use for each zone. The T4 and T5 zones are related to the town district and the T2 and T3 zones are more related to the country district.

(b)

Definitions. When used in this section, the following terms shall have the meanings set forth below:

(1)

"Active recreation area" shall be an area of open space.

(2)

"Alley, commercial" means a 24-foot wide mid-block public access easement connecting two streets, having a 24-foot wide paved area and serving commercial uses.

(3)

"Alley, residential" means a minimum of 24-foot wide mid-block public access easement connecting two streets, having an eight-foot wide paved area and serving residential uses.

(4)

"Association" means a property owners' association or a sub-association of a property owners' association.

(5)

"CCRs" mean conditions, covenants and restrictions.

(6)

"Common open space" means an active recreation area, limited access area, park, plaza, or preserve area which shall be owned and maintained in perpetuity by the association. Unless authorized by the planning commission, no structure within the open space shall exceed 35 feet in height.

(7)

"Development permissions" shall specify the maximum number of one-family dwellings; two-family, three-family and four-family dwellings; multi-family dwelling units; work-live units; and townhouse units located within a sub-area. Additionally, the maximum square footage of various non-residential uses shall be specified.

(8)

"Fenestration" means the arrangement and design of windows and doors in a building.

(9)

"Flexhouse" or "live/work unit" means a dwelling containing commercial space at sidewalk level meeting lot type use limits and all parking requirements established for the dwelling, plus required parking for the commercial space.

(10)

"Front setback" means a line parallel to the front lot line and measured from the back of the required sidewalk, or from a line 12 feet from the back of curb when no sidewalk is provided, or from a line 12 feet from the edge of pavement when no curb or sidewalk is provided.

(11)

"Limited access area" shall be an open space.

(12)

"Lot type" means all lots defined within this section.

(13)

"Outbuilding" means an ancillary building, usually located towards the rear of the lot, on the same lot as a townhouse, work-live unit, one-family, two-family, three-family or four-family dwelling. Outbuildings shall include all garages and may include a dwelling unit not exceeding the lesser of 800 square feet or 40 percent of the size of the principal dwelling. Such unit shall house not more than one family and not more than two boarders or lodgers. For all flexhouses, townhouses, one-family, two-family, three-family, and four-family dwellings, an outbuilding shall be deemed customarily incidental to the permitted principal use.

(14)

"Park" shall be an open space.

(15)

"Plaza" shall be an open space.

(16)

"Preserve area" shall be an open space.

(17)

"Storefront character" means meeting the design regulations established in subsection (y).

(18)

"Storefront area" means an area indicated on the master plan and sub-area master plan where a storefront character is required for all buildings. Within such area, each block face or lot frontage subject to these regulations shall be indicated on the master plan.

(19)

"Street type name" means the street names established in Table I.

(20)

"Street classification" means TCD arterial street, TCD major collector, TCD minor collector and TCD local street as established in subsection (o).

(21)

"Sub-area" means those identified in the master plan and as defined in subsection (r).

(c)

Administration.

(1)

Regulations set forth in this district shall take precedence over all City of Gadsden regulations. All items not addressed within this district or within the attachments shall be subject to those regulations established by the City of Gadsden.

(2)

All parcels of land seeking rezoning to this district shall be subject to the following regulations:

a.

Applicants shall provide a master plan drawing, with appropriate legend and data block, for subject property showing:

i.

Approximate street locations and street classification;

ii.

Approximate 15-foot intersection radii locations;

iii.

Storefront area locations;

iv.

Sub-area locations, including a range of development permissions by sub-area. All subject property shall be assigned to a sub-area. A master plan shall include a minimum of one sub-area;

v.

Open space acreage and percentage of site. Such shall include the sum of active recreation areas, limited access areas, parks, plazas and preserve areas, less the portion of said open space dedicated to schools or other buildings which may be located therein. For developments greater than ten acres, not less than 15 percent of the total land area shall be open space.

vi.

Approximate location of existing and planned major utility facilities and easements;

vii.

Expected first phase of project;

viii.

North arrow;

ix.

Scale of drawing; and

x.

Existing street names.

b.

Attachments showing the following customized matrices:

i.

Attachment A: Lot requirements, showing any further permitted limitations to the regulations established in Table I or Table II; and

ii.

Attachment B: Open space requirements, showing additional uses and structures permitted in active recreation areas, limited access areas, parks, plazas, and preserve areas.

c.

In addition, the City of Gadsden may require a traffic impact study for developments generating greater than 1,000 daily vehicle trips after partial or full development. Such study shall be consistent with trip generation standards established by the Institute of Transportation Engineers (ITE).

d.

The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities, drainage ways and common open space.

(3)

Prior to proceeding with the platting process within any sub-area, a sub-area master plan for said sub-area shall be submitted for approval to the planning commission. The sub-area master plan shall include:

a.

Sub-area master plan drawing with appropriate legend and data block showing:

i.

Sub-area boundaries;

ii.

Approximate lot locations, with lot type identified;

iii.

Approximate total number of lots by lot type;

iv.

Approximate number of single-family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said sub-area, as well as total square footage of all nonresidential uses; such shall not exceed the development permission for said sub-area;

v.

Approximate footprints of all buildings, including parking decks, with the exception of one-, two-, three-, and four-family dwellings;

vi.

Approximate storefront area locations;

vii.

Approximate alley locations;

viii.

Approximate street locations and street names of utilized streets, including widths and intersection radii;

ix.

Approximate sidewalk locations showing an interconnected and continuous network;

x.

Approximate utilities and utility easement locations;

xi.

Approximate active recreation area, limited access area, park, plaza and preserve area locations;

xii.

Approximate pedestrian trails and other amenity locations;

xiii.

Any other structures or development requiring a building permit;

xiv.

Relationship of sub-area to surrounding properties, including street network, open space and public services;

xv.

North arrow;

xvi.

Scale of drawing;

xvii.

Existing street names and;

xviii.

In cases where estate lots, are located in areas meeting, or eligible for meeting, the definition of "woodland areas", said lots shall be labeled "woodland condition", in addition to their particular lot type on the sub- area master plan, preliminary plat and final plat.

b.

The applicant shall provide a draft conditions, covenants and restrictions for said property. Prior to issuance of a certificate of occupancy for any structure, a final version must be approved by the director of planning or designee. Conditions, covenants and restrictions must:

i.

Create a property owners' association with mandatory membership for each property owner;

ii.

Require the collection of assessments for members in an amount sufficient to pay for its functions;

iii.

Provide for ownership, development, management and maintenance of all community parking facilities and other common areas;

iv.

Provide for maintenance of landscaping, street furniture and trees within the sidewalk; and

v.

Provide for sidewalk cleaning and maintenance in rights of way adjacent to commercial uses.

c.

The applicant shall provide a draft agreement between the applicant and the City of Gadsden detailing installation and maintenance responsibilities for all streetscape items not customarily provided by the City of Gadsden.

(4)

At the property owner's request and with planning commission approval, sub-area master plan approval may constitute approval of a preliminary plat subdivision for an entire sub-area or portion thereof; provided that, in addition to the requirements herein, the plan is consistent with the preliminary plat submission, review and approval requirements of the City of Gadsden Subdivisions Regulations.

(5)

In general, the construction and provision of all common open spaces and recreational facilities that are shown on the sub-area master plan must proceed at no slower rate than the construction of dwelling units. From time to time, the planning commission shall compare the actual development with the sub-area master plan. If the planning commission finds that the percentage of dwelling units or commercial structures building (as a percentage of the total sub-area development permission) is substantially greater than the percentage of area provided (as percentage of the total sub-area common open space acreage), then the planning commission may, after notice and a 30-day opportunity to cure, cease to approve additional final plats and/or instruct the director of planning or designee to discontinue the issuance of building permits.

(6)

In cases where approval of a sub-area master plan has not constituted approval of a preliminary plat, and before preliminary plat approval, the director of planning or designee may authorize the following administrative changes to a sub-area master plan:

a.

The number of single-family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said sub-area, as well as total square footage of all non-residential uses may be changed, provided such does not exceed the general development boundaries established for that given sub-area;

b.

Storefront area locations may be moved, but total block frontage shall not be reduced;

c.

Sidewalk locations may be moved but shall still provide an interconnected and continuous network;

d.

Active recreation area, limited access area, park, plaza and preserve area locations may be moved but total area not reduced; and

e.

Pedestrian trails and other amenity locations may be moved, but total amenities not reduced.

(7)

Subsequent to approval of the final plat by the planning commission, but before a certificate of occupancy has been issued for a building; the director of planning may authorize the following variations:

a.

Variations for lots labeled "woodland condition," or having at least 50 percent of the lot covered by forest, under the provisions of subsection (d) including:

i.

Retaining wall heights greater than those contained in this section;

ii.

Front setbacks less than those contained in this section;

iii.

Circular drives between a building and the street;

iv.

Driveways between the building and the street or not perpendicular to the street;

v.

Finished floor elevations above sidewalk level, or edge of right-of-way when no sidewalk is provided, for terraces, porches and stoops;

vi.

Porch steps extending into the front setback a distance greater than five feet; and

vii.

Parking between the principal building and the street, provided that such parking does not exceed two spaces when located in surface parking area.

viii.

Utilities that extend within a woodland area to serve the principal building.

b.

Setback variations of 20 percent for all lots not labeled "woodland condition" under the provisions of subsection (d).

(8)

Planning commission may authorize applications for amendments to the zoning conditions placed on any master plan or sub-area master plan, as long as there is no reduction in common open space acreage or no change in common open space category, provided that the following criteria are met:

a.

Practical difficulties or unnecessary hardship. That strict application of the zoning conditions would result in practical difficulties or unnecessary hardship, which may include the following:

i.

That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings or uses referred to in the application, which circumstances do not apply to other land or uses in the district.

ii.

That changing demographics of the area, needs of demographics or market demands of demographics are such that such zoning conditions do not reflect such demographic factors.

iii.

When zoning conditions include requirements which exceed the specific requirements of the code, that the cost or time required to implement such requirements or amenities render such zoning conditions impractical.

b.

Not detrimental. That granting the application will not be detrimental to the public welfare or injurious to property or improvements in the vicinity of the affected area.

c.

Health or safety not adversely affected. That granting the application under the circumstances of the particular case will not adversely affect the health or safety of the persons working or residing in the vicinity of the affected property.

d.

TCD district and the city development goals. That such amendment is consistent with the intent of the TCD district and will not adversely affect the overall development goals of the community.

(d)

Permitted principal uses. A building or premise shall be used for permitted principal uses and structures only as identified in lot type and open space regulations.

(e)

Permitted accessory uses. A building or premise shall include permitted accessory uses only as identified in lot type and open space regulations.

(f)

Uses requiring board of zoning adjustment approval. A board of zoning adjustment (BZA) approval shall be required as identified in lot type regulations, except that BZA approval shall not be required if such use is approved by the planning commission as part of master plan or sub-area master plan approval.

(g)

Area, height, bulk and placement regulations. Height, bulk and placement regulations shall be:

(1)

As identified in lot type and open space regulations within this section; or

(2)

As identified in Attachment A: Lot requirements, subject to the regulations established by lot type.

(h)

Utility regulations. Public and private utilities shall be subject to the following:

(1)

A 15-foot horizontal clearance shall be provided from overhead utility lines for a total easement of 30 feet to meet horizontal clearance requirements. This easement shall provide clearances required to properly maintain the system and meet the requirements of the National Electrical Code (NEC) 2005 Edition.

(2)

A seven and one-half-foot easement shall be provided on each side of an underground electric utility line, for a total easement of 15 feet. This easement shall provide clearances required to properly maintain the system and meet the requirements of the NEC.

(3)

All public and private utility clearance requirements shall supersede setback requirements in cases where setback requirements are less than horizontal clearance requirements.

(4)

No structures or trees shall be placed in a public utility easement or in an alley which is used in whole or part as a public utility easement.

(i)

Gate, fence and accessory regulations. The following requirements shall apply:

(1)

Terraces, porches and stoops within the front setback shall have a maximum finished floor height of five feet above sidewalk level or edge of right-of-way when no sidewalk is provided.

(2)

Steps built as part of a porch may extend into the front setback a distance not greater than five feet.

(3)

Steps built as part of a retaining wall may extend into the front setback a distance necessary to provide pedestrian access from the primary building entrance to the sidewalk, or edge of right-of-way when no sidewalk is provided.

(4)

No walls shall be located within the front setback, with the exception of retaining walls and walls surrounding public and private utility structures.

(5)

Retaining walls shall not exceed a maximum height of 36 inches unless existing topography requires a retaining wall of greater height.

(6)

Walls and fences surrounding public and private utility structures shall not exceed a maximum height of six feet.

(7)

Fencing within the front setback is permitted only when:

a.

The front setback is located adjacent to ground floor dwelling units;

b.

Said fencing is used to separate authorized outdoor dining from the required sidewalk; or

c.

Said fencing surrounds public or private utility structures.

(8)

Permitted fences within the front setback shall meet the following regulations:

a.

For residential uses adjacent to the sidewalk, or edge of right-of-way when no sidewalk is provided, fences shall not exceed 42 inches in height.

b.

For non-residential uses adjacent to the sidewalk fences are prohibited except where specifically authorized elsewhere in this section for outdoor dining or public and private utility structures.

c.

The combined height of a fence, where otherwise authorized and retaining wall shall not exceed a height of 78 inches, unless existing topography prohibits retaining walls of a lesser height.

d.

Except for repair and maintenance of existing walls, no permit for construction of a retaining wall shall be issued subsequent to the issuance of a certificate of occupancy for the principal building on a lot.

(9)

Barbed wire, razor wire, barbs and spikes, and similar elements shall be prohibited.

(10)

Chain link fences are permitted only when not visible from any public right-of-way, except when surrounding public and private utility structures.

(11)

Fences and walls not located within the front setback shall not exceed six feet in height.

(12)

Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the street.

(13)

Parking shall not be located between any building and the street, except where authorized in subsection (q).

(14)

No continuous fence, perimeter fence or wall surrounding more than one lot shall be permitted.

(15)

Fences shall not be permitted within any alley or public utility easement.

(16)

Adjacent to sidewalk level residential uses, the area within the front setback not used for porches, stoops, terraces, walkways or permitted drives shall be landscaped with trees, shrubs or groundcover.

(j)

Relationship of building to street. The following regulations shall apply to principal buildings in all lot types and sub-areas.

(1)

Building floors shall be delineated by windows, belt courses, cornice lines or similar architectural details.

(2)

The primary pedestrian entrance for pedestrians to access all street level uses and business establishments with street frontage:

a.

Shall face and be visible from the street.

b.

Shall be directly accessible and visible from the sidewalk or edge of right of way when no sidewalk is provided.

c.

Shall remain unlocked during business hours for nonresidential uses.

d.

Shall provide a street address number which is clearly visible from the street and a minimum of six inches in height.

(3)

All multi-family, commercial or civic uses shall have sidewalks or walkways with a minimum width of five feet connecting all building entrances to ground level parking and the public sidewalk.

(4)

Buildings with ground level dwelling units shall meet the following additional regulations:

a.

All such buildings with more than four dwelling units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk.

b.

Buildings located on corner lots shall have windows on each street frontage facade that are substantially similar in size and detail to the front facade windows.

(k)

Loading areas, loading dock entrances and building mechanical and accessory features. Loading requirements are as set forth in the zoning ordinance, section 130-411. All loading areas and building mechanical and accessory features are subject to the following regulations:

(1)

Loading areas: Dumpsters and loading areas shall be screened so as not to be visible from any public plaza, street level or sidewalk level outdoor dining area, public sidewalk or public right-of way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls a minimum of six feet in height and having a style and material in keeping with those of the principal structure.

(2)

Loading dock entrances for nonresidential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.

(3)

Loading and deliveries shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m.

(4)

Building mechanical and accessory features:

a.

Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.

b.

Shall be incorporated in the design of the building and screened with building materials similar to the building when located on rooftops.

c.

Shall not be permitted between a building and any public street.

(l)

Off-street parking requirements. Off-street parking requirements are as set forth in the Gadsden Code of Ordinances, section 130-411.

(m)

Curb cuts, drives, and parking structures.

(1)

Driveways serving all commercial uses shall be limited to one-way entrances with a maximum width of 12 feet or two-way entrances with a maximum width of 24 feet.

(2)

Driveways serving residential uses shall have a minimum width of ten feet and a maximum width of 20 feet.

(3)

Curb cuts for an individual lot containing exclusively commercial uses shall be a minimum of 300 feet apart except that:

i.

Properties with more than one frontage may have one curb cut per frontage; and

ii.

Curb cuts serving private streets meeting the dimensional requirements shown in Table I shall be exempt from this regulation.

(4)

Adjacent lots may share driveways, provided they do not exceed the maximum widths established in subsections (1) and (2) above.

(5)

No circular drives shall be located between any building and any street, with the exception of those serving hotels or one-family dwellings located on estate lots, subject to the following additional regulations:

i.

Circular drives serving estate lots shall only be permitted on estate lots with a minimum lot frontage of 40 feet; and

ii.

Circular drives serving estate lots are only permitted when a minimum front setback of 40 is provided.

(6)

Except as authorized in subsection (d), or for a driveway to reach the side yard, rear yard or, on-site parking facility, or as authorized for hotels and "woodland conditions", driveways are not permitted between the public right-of-way and a building, and shall be perpendicular to any street.

(7)

Drive-through facilities are prohibited between a building and a public street.

(8)

Parking deck facades shall visibly conceal automobiles from any public right-of-way or private drive/street that is open to the public and shall have the appearance of a horizontal storied building from any public right-of-way.

(n)

Lighting. All lighting that up-lights trees, buildings or other elements that is located between a building and the street or public right-of-way shall be located a minimum height of eight feet above the sidewalk or edge of public right-of-way when no sidewalk is provided.

(o)

Street standards. The following regulations shall take precedence over all other City of Gadsden street and road design standards:

(1)

Street classifications within a TCD shall meet the dimensional requirements shown in Table I; all minimum permitted lane widths shall not include curb and gutter, when utilized.

(2)

Blocks shall be permitted to have a minimum length of 150 feet, including alleys.

(3)

Streets shall form an interconnected network and shall connect with adjacent street networks. Every effort shall be made to provide as many of these connections as possible. Cul-de-sacs are prohibited except on TCD local streets where topography, environmental protection, preservation of cultural resources or similar considerations prevent the creation of street connections. In no case shall any dead-end street be greater than 600 feet in length.

(4)

Gates and fences shall be prohibited across all public streets, public utility easements, alleys, private streets and drives.

(5)

Street jogs and offsets shall be permitted at a minimum of 75 feet on TCD local streets only.

(6)

All street classifications shall be permitted:

a.

A minimum pavement width of 20 feet, which shall not include on-street parking, when ten-foot wide lanes are used; or

b.

A minimum pavement width of 25 feet, which shall include parallel parking on one side of a TCD local street, when nine-foot wide lanes are used.

(7)

Sidewalks shall be required as provided for in subsection (p).

(8)

When on-street angled parking is provided, minimum permitted lane widths shown in Table I shall be increased by two feet; on-street angled parking shall have a minimum 16 feet.

(9)

On TCD local streets, the permitted minimum centerline radius for streets with a design speed of 25 mph and no super-elevation is 150 feet.

(10)

On TCD local streets, the permitted minimum centerline radius for streets with a design speed of 20 mph and no super-elevation is 100 feet.

(11)

On TCD local streets, the permitted minimum centerline radius for streets with a design speed of less than 20 mph and no super-elevation shall be determined by the minimum suggested radii found in the most current edition of A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials (AASHTO).

(12)

On streets with a design speed of 25 mph or less, street trees and street lights shall be located a distance greater than or equal to three feet clear zone from the back of street curb at time of installation or planting.

(13)

On TCD local streets, street grades approaching an intersection through vertical curves shall not exceed six percent for the last 50 feet before the intersection.

(p)

Sidewalks.

(1)

Sidewalks shall have minimum widths as identified in Table I.

(2)

Sidewalks shall form an interconnected network.

(3)

Sidewalks shall be provided on both sides of a TCD arterial, TCD major collector, TCD minor collector and TCD local, unless topographical or other conditions prohibit.

(4)

Sidewalks shall be provided on a minimum of one side of cul-de-sac streets, unless topographic conditions prohibit.

(5)

Within village center and community mixed use sub-areas, sidewalks shall be provided on both sides of the street.

(6)

Within neighborhood sub-areas, sidewalks shall be provided adjacent to townhouse, multi-family and neighborhood commercial lots.

(7)

Where a traditional neighborhood development abuts an existing street, a sidewalk shall be provided where such development is adjacent to said street.

(8)

Sidewalk requirements may be waived where open space abuts a street if an accessible pedestrian path or trail is provided within 200 feet of said street, and links with required sidewalks at each end.

(9)

Sidewalks shall consist of two zones: A tree planting and street furniture zone and a sidewalk clear zone. The following regulations shall apply to all public sidewalks:

a.

Tree planting and street furniture zone requirements: The tree planting and street furniture zone shall be located immediately adjacent to the curb and shall be continuous. In addition to the required planting of trees, this zone may also be used for:

i.

Bus shelters, utility and light poles, trash receptacles, fire hydrants, traffic signs, newspaper vending boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility when adjacent to commercial lots.

ii.

Bus shelters, utility and light poles, traffic signs, and fire hydrants when adjacent to residential lots.

b.

Sidewalk clear zone requirements: Said zone shall be located immediately contiguous to the tree planting and street furniture zone, shall be continuous, and shall be subject to the minimum widths established in Table I. Said zone shall be landscaped except when adjacent to commercial lots, in which case it may have a hard surface. Said zone shall also be unobstructed for a minimum height of eight feet, by any permanent or non-permanent element such as retail displays, outdoor dining, plantings, sculpture and similar elements.

(10)

Street tree planting requirements: Street trees are required and shall be planted in the ground a maximum of 50 feet on center within the tree planting and street furniture zone and spaced equal distance between street lights. All newly planted trees shall be a minimum of three inches in caliper measured 36 inches above ground, shall be a minimum of 12 feet in height, shall have a minimum mature height of 40 feet and shall be limbed up to a minimum height of seven feet. Trees shall have a minimum planting area of 36 square feet.

(11)

Tree grates: Where tree grates are installed, they shall be a minimum of six feet by six feet, shall be a type approved by the director of engineering or director of planning or a designee in accordance with the standards utilized by the city for placement of such objects in the public rights-of-way, and shall be placed within the tree planting and street furniture zone. Where tree grates are not required or otherwise installed, tree-planting areas shall be planted with grass or evergreen ground cover with a maximum mature height of 18 inches.

(12)

Root barrier: A root barrier shall be provided between all street trees and the adjacent street curb and clear zones.

(13)

Awnings and canopies shall be located a minimum of eight feet above the sidewalk and shall not encroach more than five feet over the required sidewalk.

(q)

Off-street parking lot layout, construction and maintenance. The parking lot requirements are as set forth in the zoning ordinance. The following additional regulations shall apply to TCD districts:

(1)

Continuous landscaped buffer strips shall be constructed along public sidewalks and public rights-of-way where parking is adjacent to such sidewalks or public rights-of-way, except at points of ingress and egress into the facility. Such landscaped buffer strips shall be a minimum of seven feet in width and shall contain, in addition to grass and/or ground cover, trees planted a maximum of 50 feet on center along the entire length.

(2)

All landscaped buffer strips along public sidewalks and public rights-of-way shall have a minimum of one tree per ten linear feet.

(3)

Newly-planted trees shall be a minimum of two inches in caliper as measured at a height three feet above ground-level shall have a 40-foot minimum mature height and shall be drought-tolerant. Trees shall be planted a minimum of 30 inches from any barrier curb so as to prevent injury to trees from vehicle bumpers.

(4)

Surface parking lots shall have a minimum landscaped area equal to at least ten percent of the paved area within said lot. In no case shall a parking lot owner be required to provide landscaped areas that exceed ten percent of the paved area.

(5)

In the event that landscaped areas are in the interior of a surface parking lot they shall be a minimum of six feet in width and six feet in length with a minimum planting area of 36 square feet.

(6)

A minimum of one tree per eight parking spaces shall be included in the required landscaped areas for surface parking lots. For the purposes of satisfying this requirement, existing trees located within the required landscape buffer strip may be counted against this requirement. Trees that are at least three inches or more in caliper, as measured at a height 36 inches above ground level, shall be considered to be equivalent to one or more newly planted trees on the basis of one tree for each three inches in caliper.

(7)

In addition to trees, ground cover shall be provided in order to protect tree roots and to prevent erosion. Ground cover shall consist of shrubs, mulch and other similar landscaping materials.

(8)

Shrubs shall be maintained at a maximum height of 30 inches.

(9)

Concrete barrier curbs or wheel stops shall be installed around the perimeter of surface parking lots and around landscaped areas that are required herein, except where the perimeter abuts an adjacent building or structure and at points of ingress and egress into the facility, so as to prevent encroachment of vehicles onto adjacent property, rights-of-way and landscape areas.

(10)

Barrier curbs shall be a minimum of six inches in height and a minimum of six inches in width and permanent in nature. Barrier curbs shall be concrete or stone. Such curbs shall be securely installed and maintained in good condition.

(11)

Where the end of a parking space abuts a landscaped area, barrier curbs may be placed in the parking space at a maximum of two feet from the end of the parking space. This two-foot-wide area may have the pavement removed and be developed as part of the required landscaped area.

(12)

Where landscaped areas are located adjacent to vehicle overhangs, the trees shall be planted in line with the side stripes between parking spaces in order to avoid injury to trees by vehicle bumpers.

(13)

Internal parking deck lighting fixtures shall not be visible from any public right-of-way.

(14)

All commercial uses shall provide bicycle/moped parking facilities at a ratio of at least one bicycle/moped parking space for every 20 automobile parking spaces. Multi-family uses shall provide said facilities at a ratio of at least one bicycle/moped parking space for every five multi-family units. No building that requires bicycle parking shall have fewer than three bicycle/moped parking spaces nor be required to exceed a maximum of 50 spaces. Bicycle/moped spaces shall be located within the tree planting and street furniture zone a maximum distance of 100 feet from the building entrance, or shall be located at least as close as the closest automobile space, except for handicapped parking spaces. Each space shall include a metal anchor sufficient to secure the bicycle/moped frame when used in conjunction with a user-supplied lock.

(r)

Sub-area regulations.

(1)

All sub-areas shall be subject to the lot type and use regulations contained in this subsection, Attachment B: Sub-area regulations and the development permission identified in the master plan.

(2)

The following sub-areas shall have the meanings as defined:

a.

Neighborhood sub-area: The neighborhood is a primarily residential area generally not exceeding a one-quarter mile radius. Within the neighborhood, the opportunity is provided for a small commercial area providing goods and services to the immediate neighborhood and housing densities slightly higher than those found in the remainder of the neighborhood.

i.

Blocks fronted by any lot type shall not exceed 1,000 feet in length without an intervening street except where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of block frontages less than 1,000 feet in length.

ii.

At least seven and one-half percent of the total land of this sub-area area shall be a park or plaza.

iii.

Permitted lot types within this sub-area are limited to village, cottage, estate, manor, multi-family, neighborhood commercial, and townhouse lots.

b.

Village center sub-area: The village center provides an integrated mix of commercial and residential uses in keeping with the scale and character of nearby neighborhoods and providing goods and services that primarily serve these neighborhoods.

i.

Blocks shall not exceed 600 feet in length without an intervening street except where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of block frontages smaller than 600 feet in length.

ii.

At least seven and one-half percent of the total land of this sub-area area shall be a park or plaza.

iii.

Permitted lot types within this sub-area are limited to village commercial lots.

c.

Community mixed use sub-area: The community mixed use sub-area provides a moderately dense mix of uses and is usually located on arterials and highways and shall serve an area greater in size than the immediate area.

i.

Blocks shall not exceed 600 feet in length without an intervening street except where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of block frontages smaller than 600 feet in length.

ii.

At least seven and one-half percent of the total land of this sub-area area shall be a park or plaza.

iii.

Permitted lot types within this sub-area are limited to community commercial lots.

(s)

Common open space.

(1)

Performance criteria. Common open space shall be subject to the following regulations:

a.

Buildings and structures, with exception of public and private utility structures and those otherwise approved in Attachment B: Open space regulations shall not exceed 35 feet in height.

b.

Public and private utility structures shall be permitted principal uses in all open spaces.

c.

Active recreation area shall serve several sub-areas and:

i.

May include the following uses and structures: golf facilities, ball fields, ball courts, swimming pools, and multi-use trails.

ii.

Shall be defined at the edges by public streets, to the maximum extent possible.

d.

Limited access areas shall protect sensitive areas of environmental and historic significance and:

i.

May include the following uses and structures: Trails and parking to serve trails.

ii.

Shall restrict access to all off-trail areas.

e.

Parks shall provide passive recreation and gathering places and:

i.

May include the following uses and structures: Picnic facilities, drinking fountains, benches and similar elements, playgrounds, and kiosks.

ii.

Shall be defined at the edges by public streets, to the maximum extent possible.

iii.

Shall be accessible to property owners and residents.

iv.

Shall have a landscape consisting of paths, trees, lawns, shrubs and other plant materials.

v.

Shall have no more than 20 percent of its area covered with impervious surfaces.

f.

Plazas shall provide civic gathering spaces and:

i.

May include the following uses and structures: Water fountains, picnic facilities, benches and similar elements.

ii.

Shall have a landscape consisting of durable pavement, trees and other plant materials.

g.

Preserve areas shall protect and enhance areas of environmental and historic significance and may include the following uses:

i.

Camping sites.

ii.

Multi-use trails.

iii.

Hiking trails.

iv.

Parking to serve trails.

(2)

Establishment and maintenance regulations. Any common open space established by an adopted master plan or sub-area master plan shall be subject to the following:

a.

Quality, use and improvement of common open space:

i.

Common open space shall be utilized for amenity, site protection or recreational purposes. Passive open space, active recreational open space and engineered functional elements authorized to be held in common shall be appropriate to the scale and character of the TCD considering its size, developmental density, expected population, topography and other factors.

ii.

Common open space may, subject to approval by the planning commission and city council, consist of improved or unimproved land. All such land shall be classified into one of the five categories of common open space as set forth in subsection (s) as to its intended type upon the sub-area master plan which includes the common open space, all site plans and all plats developed concurrently with the development of the sub-area master plan.

iii.

As set forth in subsection (r), the sub-area master plan shall indicate which category will be the intended use for each tract of common open space located within the particular sub-area of the development. In the case of improved recreational space, such plan shall indicate a proposed draft of the design and proposed types of facilities to be included in such spaces.

iv.

Common open space may be put to any use which is consistent with the designated category set forth in subsection (s).

v.

Any change in the category of common open space designated on the sub-area master plan or any use outside the uses consistent with the designated category will require the approval of city council.

b.

Conveyance of common open space. All land shown on the master plan or any sub-area master plan as common open space shall be conveyed under one of the following options:

i.

The city shall have the first and last offer of dedication of open space only in the event said land is to be conveyed to an entity other than the association or any other non-profit community or owners association with authority to maintain the common open space. Any dedication so occurring in accordance with this paragraph shall take the form of fee simple ownership. The city may, but shall not be required to, accept common open space provided: such land is accessible to the residents of the city; there is no cost of acquisition other than the costs incidental to the transfer of ownership, such as title insurance; and the city agrees to and has access to maintain such lands. Where the city accepts dedication of common open space that contains improvements, the city may require a warranty or similar instrument to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication.

ii.

Open space may be conveyed to trustees provided in an indenture establishing an association, funded trust or similar organization meeting the requirements of subsection (c)(3)b for the maintenance of the common open space within the planned development. The common open space shall be conveyed to the trust subject to CCRs to be approved by the planning commission which permit the common open space to be used for the category specified on the sub-area master plan, and which provide for maintenance of the common open space in a manner that assures its continuing use for its intended purposes.

iii.

Where any land within TCD district is proposed to be subdivided into residential lots and such site contains improved recreational open space, the recreational open space and all proposed improvements shall be completed and conveyed in the manner provided in subsections i and ii above at the time of filing of the final plat. In the event said improvements are not completed and conveyed at the time of filing the final plat, a bond must be posted with the city to cover the total cost of constructing said improvements.

iv.

The common open space and any other association facilities may be controlled through the use of CCRs approved by the city pursuant to subsection (c). Such agreements shall be in conformance with applicable state law, rules and regulations.

v.

The city may, but shall not be required to, accept easements for public use of any portion or portions of undeveloped open space land, title of which is to remain in ownership by the association, provided that: Such land is accessible to city residents; there is no cost of acquisition other than cost incidental to the transfer of ownership, such as title insurance; and a satisfactory maintenance agreement is reached between the developer, the association and the city.

vi.

The owner may transfer elements of common open space, as designated on the master plan or the sub-area master plan, to a private nonprofit organization acceptable to the city, which acceptance shall not be unreasonably withheld, among whose purposes it is to conserve open space and/or natural resources provided that: The organization is a bona fide conservation organization with perpetual existence; the conveyance contains appropriate provisions for proper reverter and retransfer in the event that the organization becomes unwilling or unable to carry out its functions; and a maintenance agreement acceptable to the city; which acceptance shall not be unreasonably withheld and is entered into by the developer and the organization.

c.

Requirement for maintenance organization. In any instance where common open space is to be conveyed to an organization other than a public agency, the planning commission and city council shall require that the landholder provide for and establish an organization such as the association for the ownership and maintenance of any common open space and that such organization shall continue in perpetuity, shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space.

d.

Mandatory provisions governing organization and operation of property owners' association or maintenance association.

e.

The common open space and associated facilities may be held in common ownership by the association or maintenance association. Such an association shall be formed and operated under the following provisions:

i.

The developer shall provide a description of such association, including the bylaws and general responsibilities for maintaining the common open space.

ii.

Such association shall be organized by the developer and shall be operated with a financial subsidy from the developer before the sale of any lots within the development.

iii.

Membership in such association is automatic (mandatory) for all purchasers of property therein and their successors in title. The conditions and timing of transferring control of such association from developer to the property owners shall be identified.

iv.

Such association shall be responsible for maintenance of insurance including but not limited to liability and property insurance and taxes on all open space, enforceable by liens placed by the city on the association. Such association may place liens on the property of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.

v.

The members of such association shall share equitably the cost of maintaining and developing such undivided open space. The allocation of such cost among members shall be defined within the association bylaws or other relevant governing documents.

vi.

In the event of a proposed transfer of common open space using the methods permitted by subsection (s)(2)b.vi by an association or of the assumption of maintenance of undivided open space land by the city, notice of such action shall be given to all property owners within the development, or, in circumstances where sub-associations have been created in accordance with the CCRs, to such sub-association boards.

vii.

Such association shall utilize adequate resources to administer common facilities and properly maintain the undivided open space.

viii.

Such association may lease common open space to any other qualified person or corporation for operation and maintenance of common open space, but such lease agreement shall provide: that the residents and property owners of the development shall at all times have access to the common open space contained therein (except croplands during growing season or for individuals with leases with terms of three days or less); that the common open space to be leased shall be maintained for the purposes set forth in subsection (s)(1); that the operation of common open space facilities may be for property owners only, or may open to the residents of the city, at the election of the developer and/or such association, as the case may be; and that the lease shall be subject to approval of the board of directors of such association. Lease agreements with lease terms of one year or longer shall be filed with the city, and, upon the city's request, shall be recorded in the Etowah County Registrar's Office within 30 days of execution and a copy of the recorded lease shall be filed with the city.

e.

Maintenance standards.

i.

The ultimate owner of the common open space (typically a property owners' association) shall be responsible for raising all monies required for operations, maintenance or physical improvements to the common open space through annual dues, special assessments, etc. The property owners' association shall be authorized under its bylaws to place liens on the property of owners who fall delinquent in payment of such dues, assessments, etc.

ii.

In the event that the association or any successor organization shall at any time after establishment of a development containing common open space, formal recreational improvements or engineered improvements, fail to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable order and condition in accordance with the master plan or sub-area master plan, where applicable, and to the substantially identical quality of construction as what originally existed, the city may serve written notice upon the owner of record setting forth the manner in which the owner of record has failed to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable condition as well as a recommendation about which measures may be undertaken to correct and cure such failure.

f.

Failure of maintenance organization. In the event that the organization established to own and maintain common open space, formal recreational improvements or engineered improvements, or any successor organization shall at any time after the establishment of the TCD fail to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable order and condition in accordance with the adopted master plan or sub-area master plan, the mayor or the mayor's designee may serve written notice upon such organization and/or the owners or residents of the TCD in accordance with subsection e.ii above. The owner, after receiving notice, shall have 30 days from receipt to correct and cure any deficiencies. If the owner has continued to fail to maintain the common open space, then notice of a public hearing shall be served on the owner and residents and a public hearing shall be held. If, after the public hearing, it is determined that the association has materially failed to diligently attempt to maintain the common open space, then the city shall have the right to call upon any public or private agency to maintain the common open space for such period of time as is reasonably necessary to rectify the common open space issues caused by failure to maintain, with such time period not to exceed one year. If, after such time period, the city determines after notice to the original organization and a public hearing that the original organization lacks the capability to continue maintenance of common open space, the agency appointed under the provisions of this subsection may continue maintenance for periods not to exceed one year at a time with a review of the original organization's or any successor organization's capability to resume maintenance of the common open space. The cost of such maintenance shall be assessed proportionately against the properties within the TCD that have a right of enjoyment of the common open space, and shall become a special assessment to the property tax or a lien on said properties. Such lien shall include an administrative fee to compensate the city for staff time which shall not exceed one percent of the yearly property owners association budget.

g.

Assurance involving the provision of common open space. The planning commission shall require adequate assurance, in a form and manner that it approves, that the common open space, formal recreational improvements or engineered improvements, shown on the master plan or sub-area master plan will be provided and developed. The following method of assurance is illustrative of the type of assurance which may be required: the city may require a letter of credit, corporate surety, or other acceptable financial guarantee in an amount sufficient to construct the common open space improvements shown on the approved master plan or sub-area master plan and posted at the time the final plat is filed at the judge of probate office.

(t)

Single-family-type lot regulations. The following additional regulations shall apply to Garden, Cottage, Village, Manor, Estate, Woodland Manor, and Woodland Estate Lots:

(1)

Permitted principal uses: The following principal uses are permitted:

a.

Detached single-family dwellings.

(2)

Permitted accessory uses.

a.

Any use customarily incidental to the permitted principal use.

b.

Automobile parking.

c.

Signs, as set forth in the zoning ordinance for residential districts.

(3)

Area, height, bulk and placement regulations:

a.

Table II shall establish area, height, bulk and placement regulations for the indicated lot type. Unless indicated, all regulations contained in Table I apply to both principal buildings and outbuildings.

b.

All lots meeting the definition of "lot, corner" established in the zoning ordinance shall be permitted a maximum lot width of five feet greater than the distance contained herein or within Attachment A: Lot requirements.

c.

All lots located on cul-de-sacs shall be permitted a minimum lot frontage equal to one-fifth times the permitted minimum lot width, but not less than 20 feet, provided that the rear lot line is equal to or greater than the required minimum lot width and that all other regulations herein are met.

d.

Porch requirements shall be determined within Attachment A: Lot requirements.

e.

Encroachment of porches and other building elements into the required front and rear setbacks shall be determined within Attachment A: Lot requirements.

(u)

Multi-family lot type regulations. The following additional regulations shall apply to townhouse lots and duplex lots.

(1)

Permitted principal uses: The following principal uses are permitted:

a.

Single-family (attached) dwellings.

b.

Multiple-family dwellings.

c.

Assisted-care living facilities.

(2)

Permitted accessory uses.

a.

Any use customarily incidental to the permitted principal use.

b.

Automobile parking.

c.

Signs, as set forth in the zoning ordinance for residential districts.

(3)

Area, height, bulk and placement regulations: Table II shall establish area, height, bulk and placement regulations for multi-family Lots. Unless indicated, all regulations contained in Table II apply to both principal buildings and outbuildings.

(v)

Neighborhood commercial lot type regulations. The following additional regulations shall apply to neighborhood commercial lots:

(1)

Permitted principal uses:

a.

Flexhouse units.

b.

Multiple-family dwellings.

c.

Assisted-living facilities.

d.

Restaurants, tea rooms, cafe, other places serving food or beverage, and similar uses, not to exceed eight 8,000 square feet in floor area.

e.

Small retail businesses not to exceed 8,000 square feet in floor area, and whose primary purpose is to serve the surrounding residential neighborhood, including, but not limited to:

i.

Apparel and accessory stores.

ii.

Book and stationary stores.

iii.

Camera, photographic supply.

iv.

Cloth shops and sundries.

v.

Computer, electronic and video sales and service.

vi.

Florists and garden supply stores.

vii.

Furniture and home furnishing stores.

viii.

Gifts, novelty and souvenir shops.

ix.

Hardware stores.

x.

Ice cream parlors.

xi.

Luggage and leather goods stores.

xii.

Music stores.

xiii.

Optical goods stores.

xiv.

Sporting good stores.

f.

Service establishments not to exceed 3,000 square feet in floor area including, but not limited to:

i.

Barbershops.

ii.

Beauty shops.

iii.

Dry cleaning, not including self-service laundries.

iv.

Shoe repair and shoe shine shops.

g.

Open air business uses including, but not limited to:

i.

Rental services for bicycles.

ii.

Retail sale of fruits, vegetables, plants and flowers.

iii.

Seasonal ice skating rinks.

h.

Office uses including but not limited to: executive, administrative, medical, professional, accounting, banking, writing, clerical, stenographic, drafting, graphics arts, sales and similar uses.

i.

Veterinary clinics and small animal hospitals provided there are no pens or runs outside a building.

(2)

Permitted accessory uses.

a.

Any use customarily incidental to the permitted principal use.

b.

Automobile parking.

c.

Signs: The following signs, as defined by the zoning ordinance are permitted on neighborhood commercial lots, provided that the total combined area of all signs shall not exceed one-quarter square feet per linear foot of the front face of the building:

i.

Multi-occupancy facility signs;

ii.

Wall signs; and

iii.

Window signs.

(3)

Drive-through facilities are permitted, subject to the regulations contained in subsection (m).

(4)

Area, height, bulk, and placement regulations:

a.

Table III shall establish area, height, bulk and placement regulations for neighborhood commercial lots. Unless indicated, all regulations contained within the table apply to both principal buildings and outbuildings.

(5)

All buildings located on neighborhood commercial lots shall meet storefront character requirements.

(w)

Village commercial lot type regulations. The following additional regulations shall apply to village commercial lots:

(1)

Permitted principal uses:

a.

All permitted principal uses permitted within the neighborhood commercial lot type.

b.

Townhouses with no more than 12 attached units.

c.

Small retail businesses not to exceed eight 8,000 square feet in floor area and whose primary purpose is to serve the surrounding residential neighborhood, including:

i.

Those included within the neighborhood commercial lot type.

ii.

Retail liquor stores.

d.

Medium-sized retail businesses not to exceed 13,000 square feet in floor area and whose primary purpose is to serve the surrounding residential neighborhood, including:

i.

Those included within the neighborhood commercial lot type.

ii.

Drugstores.

iii.

Retail food stores.

e.

Nightclubs, dance clubs, taverns, private clubs, lodges and similar uses not to exceed 8,000 square feet in floor area. Nightclubs within this district shall not be subject to distance requirements otherwise required by the zoning ordinance.

f.

Including but not limited to office, showroom and workshops of a dressmaker, baker, decorator, electrician, plumber, printer, upholsterer or an establishment doing photographic reproduction, laundering, dyeing, cleaning, radio or home appliance repair, and similar establishments that require a retail adjunct of not more objectionable character provided that the total combined floor area of such use does not exceed 2,000 square feet in floor area and provided that not more than five persons shall be employed at any time.

g.

Public schools and public libraries.

h.

Enclosed theaters, assembly halls, concert halls, dance halls, bowling alleys, skating rinks or similar recreation uses or places of assembly.

i.

Clinics, convalescent homes, assisted living facilities, but excluding animal hospitals and penal or correctional institutions.

j.

Community buildings and meeting rooms, nonprofit school, religious, educational, charitable, philanthropic, or professional clubs, except where a principal activity thereof is a service customarily carried on as a business.

k.

Family day care homes, childcare centers and private educational institutions.

l.

Service stations/convenience stores with a maximum of four fueling dispenser structures and with a maximum of eight fueling position spaces.

m.

Off-street parking lots, subject to the additional regulations set forth in section 130-411 of zoning ordinance.

(2)

Permitted accessory uses.

a.

Any use customarily incidental to the permitted principal use.

b.

Automobile parking.

c.

Signs: The following signs, as defined by the zoning ordinance, are permitted on village commercial lots, provided that the total combined area of all signs shall not exceed one-half square feet per linear foot of the front face of the building:

i.

Multi-occupancy facility signs;

ii.

Neon illuminated signs;

iii.

Wall signs; and

iv.

Window signs.

(3)

Drive-through facilities are permitted, subject to the regulations contained in subsection (m).

(4)

Area, height, bulk and placement regulations:

a.

Table III shall establish area, height, bulk and placement regulations for village commercial lots. Unless indicated, all regulations contained within the table apply to both principal buildings and outbuildings.

(5)

Unless otherwise regulated in Attachment A: Lot requirements, building height shall not include steeples, towers, cupolas or similar structures when located on a building entirely occupied by the following permitted principal uses:

a.

Public schools and public libraries.

b.

Community buildings and meeting rooms, nonprofit school, religious, educational, charitable, philanthropic, civic or professional clubs, except where a principal activity thereof is a service customarily carried on as a business.

(x)

Community commercial lot type regulations. The following additional regulations shall apply to community commercial lots.

(1)

Permitted principal uses:

a.

Work-live units.

b.

Multiple-family dwellings.

c.

Assisted-care living facilities.

d.

Two-family dwellings, three-family dwellings and four-family dwellings.

e.

Townhouses.

f.

Any retail business, whose principal activity is the sale of new merchandise in an enclosed building.

g.

Open air business use as follows:

i.

Retail sale of trees, shrubbery, plants, flowers, seed, top soil, humus, fertilizer, trellises, lawn furniture, playground equipment and other home garden supplies and equipment.

ii.

Retail sale of fruit and vegetables.

iii.

Retail sale of automobiles, house trailers and boats.

iv.

Tennis courts, archery courts, shuffleboard, horseshoe courts, miniature golf, children's amusement park, theater or similar recreation uses.

v.

Rental services for bicycles, trailers, motor vehicles, or home improvement.

h.

Office building uses resulting from any of the following occupations: executive, administrative, professional, accounting, banking, writing, clerical, stenographic, drafting, graphic arts and sales.

i.

Office, showroom and workshop of a plumber, electrician, decorator, dressmaker, tailor, baker, printer, upholsterer or an establishment doing photographic reproduction, laundering, dyeing, cleaning, radio or home appliance repair, and similar establishments that require a retail adjunct of no more objectionable character subject to the following provisions: not more than five persons shall be employed at any time in the manufacturing or processing activities of such establishments.

j.

Restaurant, tea room, cafe or other place serving food or beverage.

k.

Enclosed theater, radio and television studio, assembly hall, concert hall, dance hall, bowling alley, skating rink or similar recreation use or place of assembly.

l.

Service establishments such as:

i.

Dry cleaning, not including self service laundries.

ii.

Shoe repair and shoe shine shops.

iii.

Barber shops.

iv.

Beauty shops.

m.

Clinic: mental health clinic, but excluding animal hospital, penal or correctional institution.

n.

Community buildings and meeting rooms, nonprofit school, religious, educational, charitable, philanthropic, civic or professional club except where a principal activity thereof is a service customarily carried on as a business.

o.

Convenience stores/service stations subject to the regulations contained in Gadsden Code of Ordinances, Section 130-411, Off-street parking.

p.

Public and semipublic uses, including any municipal, state or federal use; and public utility structures or uses (excluding equipment and material storage yards).

q.

Commercial greenhouses or nurseries.

r.

Hotels, motels or tourist homes.

s.

Family day care homes, childcare centers, and private education institutions.

t.

Drive-through facilities are permitted subject to the regulations contained in subsection (m).

(2)

Permitted accessory uses:

a.

Any use customarily incidental to permitted principal uses.

b.

Automobile parking.

c.

Signs: The following signs, as defined by the zoning ordinance, are permitted on community commercial lots, provided that the total combined area of all signs shall not exceed one square foot per linear foot of the front face of the building:

i.

Multi-occupancy facility signs;

ii.

Neon illuminated signs;

iii.

Wall signs; and

iv.

Window signs.

(3)

Area, height, bulk and placement regulations:

a.

Table III shall establish area, height, bulk and placement regulations for community commercial lots. Unless indicated, all regulations contained within the table apply to both principal buildings and outbuildings.

(4)

Unless otherwise regulated in Attachment A: Lot requirements, building height shall not include steeples, towers, cupolas or similar structures when located on a building entirely occupied by the following permitted principal uses:

a.

Public schools and public libraries.

b.

Community buildings and meeting rooms, nonprofit school, religious, educational, charitable, philanthropic, civic or professional clubs, except where a principal activity thereof is a service customarily carried on as a business.

(y)

Storefront regulations. All buildings located within a "storefront area" as shown on the master plan and sub-area master plan shall provide a storefront character on the first floor adjacent to the sidewalk. All buildings, including parking decks, with a storefront character shall meet the following requirements:

(1)

Such area shall only be required on neighborhood commercial, village commercial and community commercial lots.

(2)

The length of facade without intervening fenestration or entryway shall not exceed 20 feet.

(3)

Fenestration shall be provided for a minimum of 75 percent of the length of the frontage:

a.

Beginning at a point not more than three feet above the sidewalk, to a height no less than ten feet above the sidewalk;

b.

Beginning at the finished floor elevation to a height no less than ten feet above the finished floor elevation when the finished floor elevation is three or more feet above the sidewalk; or

c.

Beginning at a point not more than sidewalk level, to a height no less than ten feet above the finished floor elevation when the finished floor elevation is below the sidewalk.

Fenestration shall not utilize painted glass, reflective glass or other similarly treated or opaque windows. The glass portion of entrances may be counted towards fenestration requirements.

Table I
Street and Sidewalk Regulations

* When a curb and gutter are provided on-street parallel parking may utilize gutter to meet minimum requirement.

** Nine-foot lanes permitted only when utilized on a two-way street with no on-street parallel parking on one side.

***Includes Neighborhood Commercial, Village Commercial, and Community Commercial Lots.

****Five (5) ft. of required sidewalk width adjacent to commercial uses may be used for outdoor dining.

Table II
Residential Lot Requirements

* Porches may exceed eight feet into the Front Yard and bay windows may exceed two feet into the Front Yard.

** No encroachments into the front yard are permitted.

*** Minimum ten-foot setback from the house side property line and five-foot setback from the garage side property line to buildings.

Table III
Multi-Family and Commercial Lot Requirements

(Ord. No. O-135-05, 9-13-2005)

Editor's note— The figure 1 mentioned in this section is not set out at length in this Code, but is on file and available for inspection in the office of the city clerk.

Permitted uses shall be governed by conditions set out in the three categories following:

(1)

Uses by right. The uses listed in section 130-312 are permitted subject to the conditions specified. (R)

(2)

Uses requiring planning approval. The uses listed in section 130-312 are permitted upon approval of location and the site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located. (P)

(3)

Special exception uses. The uses listed in section 130-312 are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of article II of this chapter governing special exceptions. (X)

(Code 1982, § 24-70)

(a)

The uses permitted in each of the types of districts are listed in the schedule in this section. For any use not specifically listed, the building official shall make a determination of the districts in which such use shall be permitted as a use by right, a use requiring planning approval or a special exception use on the basis of its similarity in nature and character to uses that are listed.

(b)

Except as noted, every use shall be conducted entirely within a completely enclosed structure. Where marked by an asterisk (*), the use need not be conducted entirely within a completely enclosed structure.

*Indicates that use need not be conducted entirely within a completely enclosed structure.

(c)

All uses not listed are prohibited.

(d)

Every use marked by two asterisks (**) shall be subject to the conditions listed in the table in subsection (f) of this section.

**Conditions: Storage use that is allowed must be related to a retail or office use on the premises; cap does not apply to second or third floors.

(e)

Every use marked by three asterisks (***) shall be subject to the conditions listed in the table in subsection (f) of this section.

***Conditions: Automobiles may not be stacked and total area covered by vehicles and any existing or future buildings may not exceed 75 percent of property area. Privacy fence seven feet high and adequate to obstruct view, noise and passage of persons must be erected along any property right-of-way that is adjacent to public street or residential use. Business owners will have 120 days to come into compliance with these requirements. Owners may apply for an extension to this deadline if substantial progress has been made toward compliance. "Substantial progress" will be defined as situations where at least 50 percent of non-complying vehicles have been removed and all of the required fencing has been installed.

(e1)

Automotive uses, with the exception of automobile and truck sales and repair, automobile storage: commercial parking lots, automobile and truck wrecker towing service, automobile wrecking, dismantling or salvage, and automobile and truck fleet shops and garages shall be prohibited from storing vehicles, operable or inoperable, on the premises for a period not to exceed 30 days.

(f)

The schedule of uses is as follows:

(Code 1982, § 24-71; Ord. No. O-66-02, 11-5-2002; Ord. No. O-16-03, § 2, 3-25-2003; Ord. No. O-87-03, 10-7-2003; Ord. No. O-04-05, 1-18-2005; Ord. No. O-01-10, §§ 1, 2, 1-5-2010; Ord. No. O-33-10, § 1, 7-27-2010; Ord. No. O-02-12, § 1, 1-3-2012; Ord. No. O-47-13, §§ 1, 2, 11-19-2013; Ord. No. O-41-14, § 1, 9-2-2014; Ord. No. O-17-15, § 1, 6-30-2015; Ord. No. O-21-15, § 1, 8-25-2015; Ord. No. O-14-17, § 1, 6-6-2017; Ord. No. O-21-18, § 1, 6-27-2018; Ord. No. O-49-22, § 1, 12-13-2022)

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