(a)

In order to carry out the intent and purpose of this chapter, the city is hereby divided into the following zoning districts. The official zoning map designates the location and boundaries of these zoning districts.

(b)

Where uncertainty exists with respect to the boundaries of zoning districts as shown on the zoning map, final interpretation shall be made by the ZBA, as outlined in section 111-88. The zoning district regulations are as follows in this article.

(Ord. No. 2013-02, § 6.1, 3-4-2013)

(a)

Intent. This district consists primarily of undeveloped lands where agricultural and related pursuits may occur within the city and where agriculture support centers may serve outlying rural areas beyond the city. Further, the intent of the A-1 district is to preserve these areas in agriculture, forestry, outdoor recreational, rural residential and other limited, yet compatible, uses until such time as a higher density development pattern may be desired and city services can be expanded to accommodate this development.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

For detached single-family dwellings only, the ZBA may approve as a special exception a minimum lot size of 15,000 sf. In such cases, all other area and dimensional regulations in Table 6.2.3 shall be observed. See subsection 111-90(c)(3) special exceptions for application and review procedure.

¹ For corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

Manufactured homes.

a.

Manufactured homes shall be at least 75 feet from the nearest dwelling, excluding another manufactured home.

b.

Water and sanitary facilities must be approved by the city and the appropriate county departments.

c.

Site requirements. Manufactured homes shall be subject to the requirements in the table in subsection (c) of this section except that parcels and adjacent property under the same ownership shall be permitted the following:

1.

One manufactured home: 15,000 square feet.

2.

Two manufactured homes: One acre minimum.

3.

Three manufactured homes: Two acre minimum.

4.

The placement of four or more manufactured homes shall require rezoning to R-3A or R-3B.

(2)

Refer to section 111-238 or 111-239 for area and dimensional requirements for the raising of livestock or fowl.

(3)

Activities for personal enjoyment or use, including, but not limited to, the following, may be permitted as accessory uses to a permitted dwelling:

a.

The keeping of small domestic animals, small fur-bearing animals, or bees for personal enjoyment or use, excluding kennels.

b.

The cultivation of a garden or orchard.

c.

The raising of plants, vegetables, shrubs, and the like.

d.

The keeping of greenhouses.

(4)

Provision must be made to dispose of manure and other organic wastes in such a manner as to avoid pollution of groundwater or any lake or stream.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(6)

Offensive animal odors shall not be detectable at the property line.

(7)

Where applicable, screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(8)

Unless otherwise specified in this chapter, all structures, livestock barns, cages, pens, and other such facilities used for the feeding or housing of any livestock or fowl, must be set back a minimum of 200 feet from any adjacent property line, 75 feet from the front lot line, and no closer to the front lot line than the principal building.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.2, 3-4-2013; Ord. No. 2016-007, § 4, 6-6-2016)

(a)

Intent. It is the intent of this district to provide areas suitable for detached, single-family dwellings on large lots, along with other specified uses, which are integrally related to residential neighborhoods.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(2)

Where applicable, screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.3, 3-4-2013)

(a)

Intent. The intent of this district is to provide areas for medium-density, detached, single-family dwellings, along with other specified uses, which are integrally related to residential neighborhoods.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For dual frontage corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(2)

Where applicable, screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.4, 3-4-2013; Ord. No. 2022-010, § 1, 7-21-2022)

(a)

Intent. The intent of this district is to provide areas for medium-density, single-family dwellings, along with other specified uses, which are integrally related to residential neighborhoods.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For dual frontage corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(2)

Where applicable, screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.5, 3-4-2013; Ord. No. 2022-010, § 2, 7-21-2022)

(a)

Intent. The intent of this district is to provide areas for manufactured home subdivision development free from other uses which are incompatible with the character and intent of this district.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

Each manufactured home shall be located on its own lot.

(2)

The minimum manufactured home floor area shall be 500 square feet.

(3)

Manufactured home subdivisions shall be in conformance with the subdivision regulations.

(4)

All manufactured homes shall be installed according to all requirements of the city building code and shall be completely skirted, within 30 days from the date the home is moved on a lot, with weather-resistant material. Skirting shall be adequately vented.

(5)

All access points shall be controlled through the site review of plans submitted to the commission on each manufactured home subdivision plan.

(6)

The subdivision shall be served by water, sanitary facilities and adequate drainage facilities, and such plans shall be submitted to the city engineer and the commission for review and approval.

(e)

Procedure for plat approval. A site plan, in accordance with section 111-84(b)(2), and layout for all manufactured home subdivisions shall be prepared and submitted to the commission for review and approval. See also the subdivision regulations. In addition to that required by section 111-84, the site plan shall include, at a minimum:

(1)

Number of lots, dimensions and layout of all lots.

(2)

Street plan, in accordance with the subdivision regulations.

(3)

Location and type of all street lighting. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures must be installed in such a manner so as to direct the beam of light away from any nearby residential areas and public rights-of-way.

(f)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.6, 3-4-2013)

(a)

Intent. The intent of this district is to provide areas for manufactured home parks free from other uses which are incompatible with the character and intent of this district.

(b)

Uses permitted. The following uses shall be permitted by right:

(1)

Manufactured home, management office, manager's residence, service facilities (such as laundromats, household storage buildings, outdoor storage yards, refuse disposal areas and similar common service facilities), retail convenience sales, recreational facilities and residential accessory uses and structures.

(2)

All service, storage, retail and recreational facilities shall be for the use of residents of the manufactured home park and their guests only.

¹ For corner lots, the minimum front yard setback shall be observed on each frontage.

² A lower density may be required by the county health department.

(c)

Site standards. A site plan, as required by section 111-84(b)(2), shall be prepared and submitted for each manufactured home park. The site standards and area and dimensional regulations following and in the table in subsection (b) of this section shall apply:

(1)

All manufactured home parks shall front on and have access from a dedicated street of at least 50 feet in width.

(2)

Location and type of street lighting shall be as recommended by the Alabama Power Company or comparable engineering data approved by the building official. No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any nearby residential areas and public rights-of-way.

(3)

Location and type of fire hydrants shall be as approved by the fire department.

(4)

Each manufactured home park shall be provided with one or more open spaces for recreational use having a minimum area of 100 square feet per manufactured home space. Such areas shall be consolidated into usable areas with their least dimension not less than 40 feet.

(5)

A maximum of 100 square feet of storage area may be provided on each space. Alternatively, park management may provide common storage lockers at an equivalent or greater capacity. Permitted accessory structures on manufactured home spaces shall include all accessory structures permitted on the lots of detached single-family dwellings, except for private swimming pools and ground-mounted satellite dish antennas.

(6)

Two-way private, paved streets, maintained by the park management, shall be installed for access to all manufactured home spaces. Such streets shall be in conformance with the subdivision regulations. No manufactured home space shall have direct access to a public street.

(7)

Each manufactured home shall have two paved, off-street parking spaces in accordance with the design standards of article IX of this chapter. The location of all driveways shall be shown on the required site plan and approved by the commission.

(8)

Waste collection facilities shall be provided and shall be the responsibility of park management.

(9)

Signs shall be in accordance with section 111-315.

(10)

Each manufactured home shall be provided with a deck or patio of at least 200 square feet.

(11)

All required yards shall be permanently landscaped and maintained with ground cover, trees and shrubs.

(12)

Fences shall be in accordance with section 111-198.

(13)

Manufactured home spaces shall not be subdivided from the park property and therefore may only be leased or rented to residents. Spaces shall not be sold individually.

(14)

Installation. All manufactured homes shall be installed according to all requirements of the city building code and be completely skirted, within 30 days from the date the home is moved into the park, with a weather-resistant material. Skirting shall be adequately vented.

(15)

Buffer requirements. A 35-foot buffer shall be provided around the entire park. The buffer shall be landscaped and maintained by park management in accordance with section 111-347.

(16)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(d)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Off-street parking and loading requirements, see article IX of this chapter.

(5)

Sign regulations, see article X of this chapter.

(6)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.7, 3-4-2013)

(a)

Intent. The intent of this district is to provide areas for multifamily residential development free from other uses that are incompatible with the character and intent of the district.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

A site development plan, as required by section 111-84(b)(2), shall provide for, at a minimum:

a.

Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and appropriate access management.

b.

A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply.

c.

Suitable access points adjoining public streets serving the proposed development, which shall be properly illuminated to reduce traffic hazards.

d.

Waste collection facilities shall be provided and shall be the responsibility of the property owner or manager.

(2)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures must be installed in such a manner so as to direct the beam of light away from any nearby residential areas and public rights-of-way.

(3)

Exterior materials. The following masonry standards have been established, while acknowledging there may be certain nationally recognized franchises with standard architectural designs that may be considered:

a.

A minimum of 70 percent of the exterior of multifamily dwellings and group care homes shall be clad in masonry, which shall be calculated as the sum of the area of all exterior facades, excluding openings for windows, trim, and doors.

b.

The balance of the exterior walls shall consist of wood, hard-coat stucco, masonry board, glass, other masonry or cut stone. Metal and exposed cinder block are prohibited. Exterior trim work may consist of other materials subject to approval by the building official.

(4)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(5)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2006-15, § 3, 8-7-2006; Ord. No. 2013-02, § 6.8, 3-4-2013; Ord. No. 2014-009, § 1, 6-2-2014; Ord. No. 2023-008, § 1, 10-16-2023)

(a)

Intent. The intent of this district is to provide areas suitable for attached single-family dwellings.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ Notwithstanding the minimum side yard setback of zero feet, all townhouse dwellings shall be located at least 15 feet from the boundary of any adjacent tract of land.

² For corner lots, the minimum front yard setback shall be observed on each frontage.

(d)

Additional standards.

(1)

A maximum of six dwellings may be attached in a building group.

(2)

Eave overhangs. Except when townhouse dwellings are required to be a certain distance from the boundary of the adjacent tract of land, cornices or eaves may extend onto adjacent property when allowed by a properly executed and recorded agreement between the owner of the townhouse and the owner of such adjacent property. All such cornices and eaves shall be constructed of fire-rated materials.

(3)

A site development plan, as required by section 111-84(b)(2), shall provide for:

a.

All utilities shall be placed underground.

b.

All lots shall be served by public water and sanitary sewer.

c.

Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and appropriate access management.

d.

Driveways shall not be permitted in front yards. An alley or shared driveway shall be provided for access to off-street parking, which may be located in one or more common parking areas or individual parking areas located at the rear of each lot, or a combination thereof.

e.

A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply.

f.

Suitable entrance and exit points adjoining public streets serving the proposed development, which shall be properly illuminated to reduce traffic hazards.

g.

The development shall be designed such that each lot may be accessed on foot without having to cross another lot.

h.

Private swimming pools, tennis courts and noncommercial greenhouses shall be permitted only in common open spaces of sufficient area to meet all applicable requirements of this chapter.

i.

Provisions shall be made for the ownership and maintenance of all common open spaces subject to section 111-207.

(4)

For townhouse developments of five acres or more:

a.

Parking areas for boats, campers and recreational vehicles. Each development shall be provided with one screened parking area for boats, campers and recreational vehicles for each ten dwelling units in the development. Each such parking area shall be screened by an opaque wall or fence of permanent construction at least six feet but not more than eight feet in height and designed and constructed so as to conceal the parking area from visibility from outside such wall or fence. The entrance to the parking area shall be screened by a gate constructed of an opaque material, which gate shall be the same height as the wall or fence. The parking area shall be paved with concrete.

b.

Service areas. Each development shall be provided with service areas for the storage of waste and maintenance equipment. Waste collection areas shall be grouped or at the rear of individual lots with adequate access provided for collection vehicles.

c.

Sidewalks. Sidewalks of not less than five feet in width shall be provided between any parking area and the buildings which they serve, and there shall be a curb between all parking areas and adjacent sidewalk. The sidewalks shall be concrete or brick.

d.

Exterior lighting. Lighting shall be provided for all parking areas. Such lighting shall be arranged so as to direct glare away from any adjacent residential areas and any adjacent public rights-of-way. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture.

e.

Fire protection. No portion of any building shall be located farther from a fire hydrant than may be reached with 500 feet of hose.

f.

Recreational and play areas. At least ten percent of the area of each development shall be reserved as one or more recreational areas for the use of the residents of the development and their guests. Of this ten percent, an area of not less than 5,000 square feet shall be designated as a children's play area. Recreational areas shall be well maintained in a safe and orderly condition.

(5)

Exterior materials. The following masonry standards have been established, while acknowledging there may be certain nationally recognized franchises with standard architectural designs that may be considered:

a.

A minimum of 70 percent of the exterior of all townhouse dwellings shall be clad in masonry, which shall be calculated as the sum all exterior facades, excluding openings for windows, trim, and doors.

b.

A minimum of 70 percent of the front facade shall be clad in masonry.

c.

The balance of the exterior walls shall consist of wood, hard-coat stucco, masonry board, glass, other masonry or cut stone. Metal and exposed cinder block are prohibited. Exterior trim work may consist of other materials subject to approval by the building official.

(6)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2006-15, § 2, 8-7-2006; Ord. No. 2013-02, § 6.9, 3-4-2013)

(a)

Intent. The intent of this district is to provide areas suitable for the development of garden home dwellings.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ No structure shall be located less than 25 feet from any boundary of a contiguous R-1, R-2, or E-1 Single-Family Residential District.

² For corner lots, the minimum front yard setback shall be observed on each frontage.

³ An unenclosed porch or an uncovered deck, patio, or terrace may extend into the required rear yard setback but shall not extend closer than 15 feet to the rear lot line.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

Any easements or comparable access rights required for the maintenance of a garden home shall be provided for in the deed for the lot on which such garden home is located.

(3)

All utilities shall be placed underground.

(4)

Exterior materials.

a.

The following masonry standards have been established, while acknowledging there may be certain nationally recognized franchises with standard architectural designs that may be considered:

1.

A minimum of 70 percent of the exterior of all dwellings shall be clad in masonry, which shall be calculated as the sum of all exterior facades, excluding openings for windows, trim, and doors.

2.

A minimum of 70 percent of the front facade shall be clad in masonry.

3.

The balance of the exterior walls shall consist of wood, hard-coat stucco, masonry board, glass, other masonry or cut stone. Metal and exposed cinder block are prohibited. Exterior trim work may consist of other materials subject to approval by the building official.

b.

This masonry requirement shall apply to all garden home developments approved after August 7, 2006. However, subdivisions approved by the commission before August 7, 2006, are exempt, with the exception that, if a preliminary plat was approved before said date and said approval expired prior to approval of a final plat, such development shall then be subject to this masonry requirement.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2006-15, § 2, 8-7-2006; Ord. No. 2013-02, § 6.10, 3-4-2013; Ord. No. 2022-010, § 3, 7-21-2022; Ord. No. 2024-014, § 1, 11-18-2024)

(a)

Intent. The intent of this district is to provide areas suitable for a select group of institutional uses which are compatible and to prevent encroachment from incompatible uses.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional requirements in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² When abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any nearby residential areas and public rights-of-way.

(3)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(4)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.11, 3-4-2013; Ord. No. 2015-017, § 2, 7-20-2015; Ord. No. 2017-002, § 3, 1-3-2017; Ord. No. 2018-017, § 2, 11-19-2018)

(a)

Intent. The intent of this district is to provide areas suitable for selected institutional uses which are compatible with each other and to prevent encroachment by incompatible uses.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(3)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any nearby residential areas and public rights-of-way.

(4)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.12, 3-4-2013; Ord. No. 2015-017, § 3, 7-20-2015; Ord. No. 2017-002, § 4, 1-3-2017; Ord. No. 2018-017, § 3, 11-19-2018)

(a)

Intent. The intent of this district is to provide areas suitable for a selected class of institutional uses which are compatible and to prevent encroachment from incompatible uses.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Unless otherwise provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(3)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any nearby residential areas and public rights-of-way.

(4)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.13, 3-4-2013; Ord. No. 2015-017, § 4, 7-20-2015; Ord. No. 2017-002, § 5, 1-3-2017; Ord. No. 2018-017, § 4, 11-19-2018)

(a)

Intent. The intent of this district is to provide areas suitable for office, government, financial and other professional services, along with commercial uses which are deemed compatible with the professional office environment.

(b)

Uses permitted.

¹ Office buildings in excess of 2,500 square feet of floor area may use ten percent of the floor area for retail and service uses, such as restaurants, gift shops, specialty shops, and other commercial uses appropriate to the professional office environment.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

Outdoor seating for restaurants shall be subject to section 111-242(b).

(2)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(3)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(4)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(5)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except legal signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any nearby residential areas and city rights-of-way.

(6)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.14, 3-4-2013; Ord. No. 2015-017, § 5, 7-20-2015; Ord. No. 2018-017, § 5, 11-19-2018)

(a)

Intent. The intent of this district is to establish and preserve areas for those commercial uses which are especially useful in close proximity to residential areas, while minimizing the possible undesirable impact of such uses on the neighborhoods which they serve.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

Outdoor seating for restaurants shall be subject to section 111-242(b).

(2)

No shopping center may exceed 15,000 square feet of retail floor area.

(3)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(4)

Each building shall have a service yard adequate for handling waste and the loading and unloading of vehicles.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(6)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(7)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures shall direct the beam of light away from any adjacent residential areas and public rights-of-way.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.15, 3-4-2013; Ord. No. 2015-017, § 6, 7-20-2015; Ord. No. 2015-021, § 2, 8-3-2015; Ord. No. 2018-017, § 6, 11-19-2018; Ord. No. 2023-004, § 3, 6-5-2023)

(a)

Intent. The intent of this district is to establish and preserve a retail business district convenient to the overall community and attractive for a wide range of retail and service uses.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

Outdoor seating for restaurants shall be subject to section 111-242(b).

(2)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(3)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs), shall exceed 30 feet in height measured from the ground. Said lighting fixture shall be constructed in such a manner so as to direct the beam of light away from any adjacent residential areas and public rights-of-way.

(4)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(5)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(6)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.16, 3-4-2013; Ord. No. 2013-06, § 1, 6-17-2013; Ord. No. 2015-017, § 7, 7-20-2015; Ord. No. 2015-021, § 3, 8-3-2015; Ord. No. 2018-017, § 7, 11-19-2018; Ord. No. 2023-004, § 3, 6-5-2023; Ord. No. 2022-011, § 1, 7-19-2022; Ord. No. 2024-003, § 1, 1-16-2024)

(a)

Intent. The intent of this district is to establish and preserve areas of the city for a wide range of businesses convenient to the community, city and region.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

Outdoor seating for restaurants shall be subject to section 111-242(b).

(2)

Tattoo parlors shall not be permitted within 500 feet of the nearest boundary of any residential or institutional district as measured from the nearest property line of the concerned premises. Furthermore, not more than two such uses shall be permitted within 1,000 feet of each other, as measured between the nearest property lines.

(3)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(4)

No exterior lighting fixture, including lighting for parking areas, walkways, general illumination or any other purposes (except signs), shall exceed 30 feet in height measured from the ground. Said lighting fixtures must be constructed in such a manner to direct the beam of light away from any adjacent residential areas and public rights-of-way.

(5)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(6)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(7)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(8)

Architectural control standards, see article XII of this chapter.

(Ord. No. 2006-15, § 1, 8-7-2006; Ord. No. 2013-02, § 6.17, 3-4-2013; Ord. No. 2013-06, § 2, 6-17-2013; Ord. No. 2015-017, § 8, 7-20-2015; Ord. No. 2015-021, § 4, 8-3-2015; Ord. No. 2018-017, § 8, 11-19-2018; Ord. No. 2023-004, § 4, 6-5-2023; Ord. No. 2024-003, § 2, 1-16-2024)

(a)

Intent. This district consists of areas where limited industrial uses are permitted. The district encourages employment centers with a low degree of environmental impact. Principal industrial activities include light manufacturing, industrial services, warehousing, wholesaling, distribution services and other limited impact activities. The I-1 district also allows for selected commercial and agricultural uses supportive of industrial employment centers.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

Buffer requirements. Where abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(3)

Each building shall have a service yard adequate for the handling of waste and the loading and unloading of vehicles.

(4)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view.

(5)

Pre-engineered, all metal buildings shall be permitted subject to section 111-205.

(6)

Temporary storage containers.

a.

Businesses may store containers for the purpose of renting, leasing, and/or selling them, provided all district regulations are met and provided that the location has sufficient space for adequate parking and public safety access, and is in compliance with all applicable health and safety regulations. Approval is subject to all business licenses and permits being obtained.

b.

The operator or other person in charge of any site on which a container is placed shall be responsible to ensure that the container is in good condition and free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. Said person shall also be responsible to ensure that no hazardous or illegal substances are stored or kept within the container. When not in use, containers must be kept locked.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.18, 3-4-2013; Ord. No. 2015-017, § 9, 7-20-2015)

(a)

Intent. The intent of this district is to provide suitable areas where moderate to heavy industrial uses are permitted. This district encourages employment centers where a potentially high degree of environmental impact uses can be located, including general and heavy manufacturing and industry.

(b)

Uses permitted.

(c)

Area and dimensional regulations. Except as may be provided for elsewhere in this chapter, the area and dimensional regulations in this subsection shall apply.

¹ For corner lots, the minimum front yard setback shall be observed on both frontages.

² Where abutting a use of lesser intensity, a buffer shall be provided subject to section 111-347.

³ The minimum side yard setback may be less than 15 feet subject to the requirements of the city building code.

(d)

Additional standards.

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2).

(2)

Any use involving hazardous waste shall have approval of the Alabama Department of Public Health, Environmental Health Administration, Division of Solid and Hazardous Waste, or equivalent governmental agency before any approval becomes final.

(3)

Screening shall be provided, in accordance with section 111-346, to conceal certain site elements, including, but not limited to, loading and waste collection areas, mechanical equipment, and outdoor storage and work areas, from public view. Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view.

(4)

Buffer requirements. When abutting a use of lesser intensity, a buffer shall be provided in accordance with section 111-347.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Use regulations, see article VIII of this chapter.

(5)

Off-street parking and loading requirements, see article IX of this chapter.

(6)

Sign regulations, see article X of this chapter.

(7)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.19, 3-4-2013; Ord. No. 2015-017, § 10, 7-20-2015)

(a)

Intent. The intent of this district is to regulate and restrict surface mining operations to selected areas and to provide safeguards for adjacent properties and the environment. This is the only district in which surface mining shall be permitted, with the exception of any lawfully nonconforming operations licensed by the state and/or the city actively engaged in surface mining operations at the time of the adoption of the ordinance from which this chapter is derived.

(b)

Uses permitted. A building or premises shall be used only for the following purposes:

(1)

Extraction of minerals, coal, ore, etc., by the surface mining method.

(2)

Accessory uses, facilities and structures customarily incidental to surface mining operations, including, but not limited to, buildings and structures, machinery, transmission lines, roads, and railroads.

(c)

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

(1)

The extraction of minerals, coal, ore, etc., by the surface method will not be permitted within 200-foot of any property line or public right-of-way; provided, however:

a.

The foregoing 200 feet setback may be reduced, in whole or in part, with the written consent of the owners of the adjacent property and the written consent of the commission.

b.

Said setback may also be waived along any portion of a lot line shared with an adjoining property also in the 1-3-S district.

c.

This setback, or any reduction thereof, as may be approved by the commission, shall be maintained as a densely planted buffer or earth berm covered with vegetation throughout its length, other than the means of egress and ingress, which shall be gated.

(2)

Accessory structures, buildings, machinery, housing, roads, railroads, transmission lines, rights-of-way and other facilities customarily incidental to surface mining shall not be permitted within 200 feet of any principal building on an adjoining property, nor closer than 50 feet of any adjoining property line or public right-of-way line. Exceptions to this include the point at which mine access roads or haulage roads join such public right-of-way and cases where the city or other governmental unit having jurisdiction over such roads may permit such roads to be located.

(d)

Additional standards.

(1)

Prior to the use of the land for the above-described purposes, the applicant shall submit a site plan showing, in addition to that required in section 111-84(b)(2), the locations of the mineral seams and estimated number of tons to be extracted; location of wells or storage facilities; approximate time required to conduct the operation and reclaim the land; a general expression of subsequent use of the property; and any other information requested by the building official and/or commission. If rezoning is required, all paperwork and notification processes shall be followed in accordance with those regulations.

(2)

All such firms, persons, corporations and other entities shall be subject to any and all state and federal laws pertaining to regulation of strip mining operations.

(3)

Any ordinance on hauling regulations, which may be in force or which may otherwise be amended or adopted, shall be complied with in all respects.

(e)

Additional regulations (when applicable).

(1)

Administration and review procedures, see article IV of this chapter.

(2)

General regulations, see article V of this chapter.

(3)

Supplemental regulations, see article VII of this chapter.

(4)

Off-street parking and loading requirements, see article IX of this chapter.

(5)

Sign regulations, see article X of this chapter.

(6)

Landscaping, screening and buffers, see article XI of this chapter.

(Ord. No. 2013-02, § 6.20, 3-4-2013)

(a)

Intent. Planned unit development ("PUD") is a method of development which permits more than one use to be developed on a tract of land, in part or whole, in accordance with an approved master development plan. The intent of this district is to encourage and allow more innovative development and redevelopment options, the purpose of which is:

(1)

To permit flexibility in zoning standards to allow more creative and harmonious designs to accommodate planned associations of uses, such as industrial or office parks or complexes, commercial uses, residential developments, or any appropriate combination of uses which may be planned, developed or operated as integral land use units.

(2)

To permit higher densities of land in conjunction with provisions for functional open space and community services.

(3)

To promote the efficient use of land to facilitate a more economic arrangement of uses, buildings, circulation systems and utilities.

(4)

To combine and coordinate uses, building forms, building relationships and architectural styles.

(5)

To promote the preservation and enhancement of existing natural landscape features, their scenic qualities and amenities to the greatest extent possible and to utilize such features in a harmonious fashion.

(6)

To except a development from conventional zoning regulations regarding setbacks, minimum yard size, off-street parking regulations, minimum floor areas, and other regulations to achieve the intent described herein.

(7)

To give the applicant reasonable assurance of ultimate approval early in the design process, while providing the city officials with reasonable assurance that the development will retain the character envisioned at the time of concurrence.

(b)

Definitions. For the purpose of the PUD district, the following terms shall apply whenever they are used in relation to a PUD. If any terms defined in this section contradict or conflict with any terms defined in any other section of this chapter, the definitions in this section shall apply as related to a PUD district:

Applicant means the owner of the land proposed for a PUD or designated representative of the owner.

Common open space means open space within a development held in common ownership and maintained by the developer or by a property owners' association of all residents for recreation, protection of natural land features, amenities or buffers; is freely accessible to all residents of the development; and is protected by the provisions of this chapter to ensure that it remains in such uses.

Development means the construction, reconstruction, remodeling, conversion, structural alteration, relocation, enlargement or demolition of any structure, portion of a structure, or sign; any change in use of a property, building, structure or material change in the appearance of any structure; any increase in the number of dwelling units, businesses, manufacturing establishments, or offices; any mining, excavation, filling, grading, paving or land disturbance; and any act of subdivision of land.

Gross site area means the total land area to be classified as the planned unit development.

Master development plan means a fully integrated comprehensive written plan finally approved by the city council for the design, development and construction of a planned unit development, including, but not limited to, the application, statement of objectives, conceptual plan, current and proposed uses, property development standards, development schedule, and any and all other submittals to the city that may be required by this section from time to time.

Planned unit development means a development comprehensively planned as a single entity, under a unified site plan, for which flexible zoning standards allow for innovative design, mixtures of land uses and building types, usable open spaces and the preservation of natural features.

Preliminary development plan means a fully integrated comprehensive written plan of an applicant that is subject to final approval by the city council for the design, development and construction of a planned unit development, including, but not limited to, the application, statement of objectives, conceptual plan, current and proposed uses, property development standards, development schedule, and any and all other submittals to the city that may be required by this section from time to time.

(c)

Permitted uses.

(1)

The applicant shall propose two (other than common open space) or more PUD land use districts as part of the master development plan. The uses permitted shall be as provided in the table below. Conditional uses may be included as part of the master development plan but shall require approval by the commission as specified in section 111-91, prior to issuance of a building permit for that use.

(2)

Within the MX-1 and MX-2 land use districts, residential uses are encouraged but shall not be required.

(3)

If any of the proposed uses is a conditional use, it may be approved as part of the master development plan, provided public notice has been provided as required by section 111-91. If a conditional use is proposed after approval of the master development plan, it shall require an amendment to the master development plan, including separate public hearing and notice process.

(4)

Final approval of all uses shall be contingent upon approval of the master development plan by the commission and council.

(5)

Neither the temporary usage nor a business that involves the sale, rent or storage of temporary storage containers shall be allowed in a PUD district without express approval by the council, in accordance with the following criteria:

a.

The location has sufficient space for parking and public safety access and is in compliance with all applicable health and safety regulations.

b.

The total square footage of each container shall not exceed 200 square feet.

c.

In residential districts, containers shall be placed only in the driveway and must be set back a minimum of ten feet from the front property line.

d.

No container shall remain on any site in excess of 30 consecutive days nor remain at any one location in excess of 30 cumulative days in a calendar year. In the event of a hardship, emergency conditions, or other extenuating circumstances, the time limitations stated herein may be extended at the discretion of, and upon approval by, the building official.

(d)

Area and dimensional regulations. The provision of adequate light, air and open space for buildings shall be required, as well as consideration for the proper functional relationship of all dwellings, structures and uses within the PUD. Except for the requirements set forth herein below, the dimensional requirements of this section are to be considered general minimum standards for preparing and evaluating a development concept; actual dimensions will become established through the site plan review and approval process.

(1)

Property requirements for a PUD.

a.

The minimum size of the tract or parcel shall be five contiguous acres. The council may allow consideration of a smaller site, provided the applicant shall prove that:

1.

The project is consistent with the developmental goals of the comprehensive plan for the particular location.

2.

The minimum acreage requirement in the given location is impractical due to the ownership, layout, pre-existing development and other constraints in the immediate vicinity.

3.

The design concept shall fully integrate the PUD into the surrounding neighborhood and/or business area.

4.

The proposed arrangement of uses, buildings, streets, parking, open spaces and amenities, all consistent with the comprehensive plan as required in subsection (d)(1)a.1 of this section, could not be reproduced on the site subject to the regulations of other applicable zoning districts.

b.

Smaller land areas may be added to an existing PUD if contiguous, under the same ownership and subject to the same development standards of the approved master development plan.

c.

All properties in an approved PUD shall be subject to the standards set forth in the approved master development plan even if subsequently sold unless rezoned. However, to maintain continuity of the master development plan, in no case shall any portion of a PUD become nonconforming as a result of a portion of the PUD being rezoned.

d.

PUDs shall have a minimum street frontage of 200 feet.

e.

The PUD must be contiguous acreage and shall not encompass any land which is not part of the PUD.

(2)

Density, building height, building spacing and setbacks shall be as provided in the table below and the following:

a.

No structure may be located nearer than 15 feet to any boundary of a PUD.

b.

Front, side and rear setbacks for single-family and duplex dwellings and nonresidential structures shall be proposed and approved as part of the master development plan. Building separation for attached and multifamiliy dwellings shall comply with the recommended standards in the table below. In all cases, minimum separation between buildings shall be in accordance with the city building code.

c.

All structures shall generally be set back ten feet from street rights-of-way. However, a lesser front setback may be expressly approved where the council finds such variation is consistent with the overall design intent of the proposed PUD, or portion thereof, and will have no negative impact on public safety.

¹ The siting of any structures taller than 35 feet shall require specific approval of the fire chief.

(e)

Property development standards.

(1)

Standards.

a.

Property development standards for a PUD shall be proposed by in the master development plan and approved by the council after recommendation from the commission. Such standards shall be consistent with the developmental policies, goals and principles of the city comprehensive plan. Development shall be compatible with the topography of the site and shall preserve any unusual topographic features. The development shall not adversely affect either the developed or undeveloped property in the vicinity of the PUD and shall be compatible with adjacent or nearby properties with regard to density, size of buildings, architectural style and type of use. The council's determination as to whether the proposed development of the PUD is compatible with the neighboring properties shall be presumptively correct, with regard to the above-cited criteria. Adequate water, sewer, streets and other facilities and utilities shall be available for the proposed PUD or there shall be a definite proposal for making them available at the expense of a party other than the city. Depending upon the density and type of uses proposed, the council may require buffers, landscaping, setbacks for buildings along the perimeter of the site, or a combination of these, as the council deems necessary and appropriate for preservation of other property in the vicinity. The council shall impose such reasonable conditions, terms or limitations that it finds necessary or helpful for the protection and promotion of the public health, safety, morals and welfare of the city.

b.

No use of the parcels, nor construction, modification or alteration of any use or structure within a PUD, shall be permitted unless such construction or use complies with the terms and conditions of the approved plan. Each subsequent owner and/or entity created by the development, such as a property owners' association and/or architectural review committee, shall comply with the terms and conditions of the approved plan. A seller/owner of a property that is zoned PUD, or which is in the process of receiving such approval, shall notify the buyer of the terms and conditions of the approved master development plan. The city bears no liability for misrepresentation of terms and conditions of said PUD. The applicant shall set forth the conditions of approval within covenants that shall be recorded (refer to subsection (f) of this section).

(2)

Any part of the project area not used for buildings or other structures, parking, loading or accessways shall be left in a natural state or landscaped with grass, trees and/or shrubs.

(3)

Common open space.

a.

Common open space shall consist of a minimum of 25 percent for any portion of a PUD designated for detached single-family dwellings; 30 percent for any portion of a PUD designated for attached or multifamily dwellings; and 15 percent for any portion of a PUD developed for nonresidential use.

b.

Notwithstanding the specifications listed below, the designated common open space in any PUD shall be further subject to all other appropriate requirements and restrictions. Nevertheless, the term "common open space" shall apply only to land area within the gross site area of the development that:

1.

Is not land within individual lots;

2.

Is not encumbered by any substantial structure or enclosure, or off-street parking facility;

3.

Is not within eight feet of any building;

4.

Is not within a roadway, except a median that is at least 50 feet wide at its narrowest point and is designed for use as a recreational space;

5.

Is not to be used as or be in any required drainage area, or any right-of-way or easement, unless such area is maintained as a common natural area, otherwise meets the requirements of this subsection (e), and is specifically approved as common open space as part of the master development plan;

6.

Is capable of being used and enjoyed for the purpose of recreation, play and relaxation, for community gardens, or as undisturbed natural areas or wildlife habitats;

7.

Is legally and practicably accessible to the residents and/or users of the PUD; and

8.

Can be:

(i)

Left in its natural or undisturbed state, if wooded or floodplain, except for the cutting of trails for walking or jogging;

(ii)

Maintained as open lawn area or re-landscaped as a natural area;

(iii)

Used for ball fields, picnic areas or similar open recreation facilities; or

(iv)

Part of a setback, flood zone or other open area required as part of the approved PUD, subject to standards listed above.

c.

Maintenance provisions shall be made, in accordance with section 111-207, for the upkeep of all common open spaces not left in a natural state, and said document shall be recorded, and a recorded copy provided to the inspection services department.

d.

No designated common open space may be subdivided in the future, nor may it be used for any purpose other than those permitted as listed above. No re-arrangement or alteration to any approved common open space that would result in a reduction of the original amount of open space, nor in its proportion to the overall development, shall be permitted.

e.

Common open space dedicated to the city or other governmental agency for operation and maintenance shall not be for the exclusive use of the residents of the PUD development.

(4)

Exterior materials. The following masonry standards shall apply to all nonresidential buildings and garden homes, attached (townhouse) and multifamily dwellings:

a.

A minimum of 70 percent of the exterior of all buildings shall be clad in masonry, which shall be calculated as the sum of all exterior facades, excluding openings for windows, trim, and doors.

b.

A minimum of 70 percent of the front facade shall be clad in masonry.

c.

The balance of the exterior walls shall consist of wood, hard-coat stucco, masonry board, glass, other masonry or cut stone. Metal and exposed cinder block are prohibited. Exterior trim work may consist of other materials subject to approval by the building official.

(5)

Sign standards.

a.

A signage plan shall be presented for approval as part of the master development plan. There shall be architectural harmony and a unified appearance of all signs to enhance the appearance of the site and its streetscapes. Consideration of design issues necessarily requires some exercise of judgment within the specific criteria set out in this section, but those decisions shall be objective rather than arbitrary or capricious.

b.

PUD signage shall generally conform to article X of this chapter, and this subsection (e)(5). The commission and council may use the most compatible sign height, size and locational requirements in article X of this chapter as a guide in determining the appropriateness of proposed sign standards. The council shall have the authority to further restrict and control signage in a PUD when deemed necessary to protect the aesthetics of the surrounding areas or to protect the health, safety and welfare of the community.

c.

At a minimum, all proposed signs shall be part of a common design scheme, meeting at least the following criteria:

1.

Each design scheme shall have consistency among signs for at least three of the following criteria: lighting design, color schemes, materials, shape, proportion and/or type faces.

2.

The materials and design of all wall signs shall follow one design scheme.

3.

The materials and design of freestanding signs shall follow one design scheme, which may or may not be the same as the design scheme for wall signs; however, the design scheme for freestanding signs shall use building materials, colors and design features consistent with the materials, colors and design features of the principal building on the site.

4.

If the design schemes for the wall signs and freestanding signs are different, they shall have in common at least two of the following criteria: lighting design, color schemes, materials, and proportion.

5.

After approval of the signage plan for the PUD, no sign shall be erected, placed, painted or maintained except in accordance with the provisions of said approval. Any change in the approved signage design plan that is determined to be major in scope by the building official must be presented in detail to the commission for approval (at one of their regular meetings).

6.

All permitting rules and building codes for signs shall apply to a PUD, and drawings showing the dimensions, supporting members, size, height, colors, electrical wiring and components, materials of the sign, and method of attachment or mounting shall be provided to the inspection services department as part of the permitting process.

7.

Billboards shall be prohibited.

(6)

Other regulations. All applicable regulations provided for elsewhere in this chapter, including minimum parking requirements, shall be in force except where the matters covered by such regulations are specifically addressed in this section. All PUDs shall also comply with all applicable provisions of the subdivision regulations unless expressly approved otherwise by the commission.

(f)

Application procedure.

(1)

Pre-application conference. Before filing an application for a PUD district, the prospective applicant shall schedule a pre-application conference with the building official, and shall present a concept plan for the PUD. All pertinent development issues and PUD procedures shall be discussed thoroughly at the pre-application conference. The following information shall be submitted to the building official at least ten days prior to the pre-application conference for review:

a.

The relationship between the proposed development and adjacent neighborhoods, business areas, etc.

b.

The proposed land use arrangement for the site.

c.

The concept for provision of open spaces (refer to subsection (e)(3) of this section).

d.

The total net acreage devoted to all land uses.

e.

An estimate of the total building coverage and floor area to be devoted to each type of nonresidential use.

f.

The number of dwelling units and density for each residential area.

(2)

Application.

a.

After the pre-application conference has been held, the applicant may file an application for the rezoning of the site with the inspection services department. If the property is already zoned PUD, the applicant may file for approval of the PUD master development plan. In either case, such application shall be accompanied with a preliminary master development plan, which shall include changes to the concept plan in response to recommendations from the pre-application conference, along with the following documents, materials, and information in subsection (f)(3) and (4) of this section.

b.

The applicant shall provide 15 copies, and one set in 11 inches by 17 inches format, of the preliminary master development plan and all attendant documents and information. During the time the preliminary master development plan is under consideration, the applicant shall furnish the inspection services department with 15 copies of any revisions of the site plan and other documentation. The city reserves the right to ask for all portions of the preliminary master development plan to be furnished in a digital format.

(3)

Documentation to be included in the master development plan. The preliminary master development plan shall include the following written documentation:

a.

A legal description of the PUD site;

b.

The names, addresses and telephone numbers of the present owners of the land composing the PUD; and, if different, the applicant who will act as owner during development;

c.

A statement of development objectives, including a description of the character of the proposed development, its relationship to surrounding areas, and its consistency with the city comprehensive plan;

d.

The development schedule indicating the approximate date when construction of the PUD is expected to begin and the approximate date it is to be completed. Any applicable phasing of the project shall also be clearly indicated and fully explained;

e.

A statement of the applicant's intentions with regard to future selling or leasing of all or portions of the PUD, including land areas and structures;

f.

Estimated percentages of the site to be devoted to each type of land use, including any sub-categories of residential, commercial and institutional uses, recreational and open space areas; and

g.

A plan for the intended manner of permanent care and maintenance of open spaces, recreational areas, and private rights-of-way (refer to subsection (e) of this section for information on recorded covenants), which shall include instruments to be used in conveying title (including beneficial ownership) of common areas as required in section 111-207, including provisions for guaranteeing:

1.

The continued use of such land for the intended purposes;

2.

Maintenance;

3.

When appropriate, the availability of funds required for such maintenance;

4.

Adequate insurance protection;

5.

Recovery for losses sustained by casualty or by condemnation; and

6.

Proof of the financial responsibility of the established entity to maintain the common area.

(4)

Site plan to be included in the master plan. The preliminary master development plan shall be prepared at a scale of one inch equals 40 feet or as otherwise approved by the building official and shall include a site plan consisting of the following materials:

a.

The name of the proposed development;

b.

The legal description of the tract or parcel of land on which the PUD is to be developed;

c.

The scale of the drawing;

d.

North arrow;

e.

The boundary survey and dimensions of the property;

f.

All contours and elevations shown on a separate topographical survey at two-foot contour intervals or as otherwise approved by the building official;

g.

A vicinity map showing the PUD site in relation to surrounding property and a general description of the adjacent and surrounding area, including the current zoning and land uses;

h.

Delineation of proposed land use districts or areas;

i.

The proposed lot lines, setbacks and dimensions thereof;

j.

The number of all existing and proposed residential buildings and structures, including:

1.

Distribution of housing types and/or densities;

2.

The size, location, grouping and orientation of all structures and buildings;

3.

The total number of proposed units, including stories and maximum heights of each residential building; and

4.

The total proposed floor areas of all dwelling units;

k.

The number of all existing and proposed nonresidential buildings and structures, including:

1.

The types of uses proposed;

2.

The size, location, grouping and orientation of all proposed buildings and structures; and

3.

The number of stories, maximum heights, and total floor areas of all proposed buildings and structures;

l.

The location and size of all areas to be conveyed, dedicated or reserved as commonly owned open spaces, public parks, recreational areas and similar public or semi-public uses;

m.

The locations, size and type of all proposed utility easements. The following statement shall be added to any site plan submitted in connection with the proposed development plan: "Maintenance of easements outside City right-of-way shall be the responsibility of the property owner and not the City of Gardendale";

n.

The existing and proposed circulation system of arterial, collector and local streets, both public and private, including:

1.

The location and dimensions of streets, rights-of-way, alleys, driveways and other points of access to streets;

2.

Estimated traffic volumes;

3.

The width and type of all paved areas for vehicular circulation;

4.

Notations of proposed ownership;

5.

The location, dimensions, screening, lighting and capacities of all parking areas;

6.

All service and loading zones; and

7.

The location and size of all bicycle and pedestrian facilities;

o.

A landscape plan indicating treatment of materials used for private and common open spaces, and the proposed treatment of the PUD, including materials and techniques to be used; and

p.

Instruments to be used in conveying title (including beneficial ownership) of common areas to a corporation, association or other legal entity, including provisions for guaranteeing:

1.

The continued use of such land for the intended purposes;

2.

Maintenance;

3.

When appropriate, the availability of funds required for such maintenance;

4.

Adequate insurance protection;

5.

Recovery for losses sustained by casualty or by condemnation; and

6.

Proof of the financial responsibility of the established entity to maintain the common area;

q.

A preliminary drainage study (refer to Ord. No. 2019-003 Storm Water Management Post-Construction Ordinance) with complete drainage plans prepared and sealed by a Professional Engineer at the time of submission of construction plans.

r.

Any additional information determined by the building official to be reasonable and necessary for evaluating the character of the proposed PUD and its potential impact on the surrounding areas.

(5)

Master development plan.

a.

The final master development plan shall be prepared at a scale of one inch equals 40 feet, unless otherwise approved by the building official, and shall include all materials of the preliminary master development plan approved by the commission and council, including all changes, additions, and corrections required by the building official, commission and council as part of the review and approval process.

b.

Following approval of the final master development plan (by phase, if applicable), the items listed below, at a minimum, shall be made available to all subsequent owners and/or entities. A copy shall be furnished by the applicant to the inspection services department (by phase, if applicable).

1.

The location and size of the tract or parcel of land to be developed as a PUD, including its legal description and a current perimeter survey certified by a surveyor. The survey shall show all streets adjacent to the site, all easements and rights-of-way on the site and the location of any existing buildings or other structures. A statement shall be added to the survey that says: "Maintenance of any easement outside City right-of-way shall be the responsibility of the property owner and not the City of Gardendale."

2.

A vicinity map showing the parcel in relation to surrounding property and a general description of the adjacent and surrounding area, including the current zoning and land uses of the adjacent and surrounding area.

3.

A statement of the planning objectives to be achieved by the PUD. The statement shall include a description of the proposed development and the rationale behind the assumptions and projections made by the applicant.

4.

The density of land use to be allowed to all parts of the PUD site, together with tabulations by acreage and percentage of the tract or parcel of land to be occupied by each proposed use.

5.

The location, size and character of any common open space (refer to subsection (e) of this section) or any commonly owned facilities; and the type of organization which will own, use and maintain any commonly owned open space or facilities.

6.

The number, location and layout of parking spaces and attendant driveways and other areas necessary for the maneuvering of motor vehicles.

7.

All means of access to and from the PUD site.

8.

The location and dimensions of any service yards.

9.

A detailed landscape plan.

10.

The outside appearance of any proposed nonresidential buildings.

11.

All proposed signs.

12.

Materials with which parking areas, driveways and sidewalks will be covered.

13.

All storm drainage facilities.

14.

All plans for providing utilities to the development.

15.

The substance of covenants, easements or other restrictions.

16.

Any development data, plans or specifications that the applicant or the building official, commission, or council believes is pertinent and will assist in clarifying the application.

(6)

Review procedures.

a.

When a rezoning is necessary for a PUD, the approval process shall comply with the procedures set forth in section 111-92. However, if the provisions of section 111-92 are inconsistent with the provisions of this section, the provisions of this section shall govern. Following the pre-application conference and the submission of a complete application and preliminary master development plan, the request shall be placed on the agenda of the next public hearing before the commission.

b.

After holding a public hearing on the application for such PUD rezoning and/or approval of the preliminary master development plan, the commission shall:

1.

Make a recommendation for approval, approval with changes, or denial to the council.

2.

With the consent of the applicant, postpone its recommendation for no longer than 60 days to allow time for further review of materials or for the applicant to make and provide requested changes.

c.

If the proposed PUD is determined by the commission to be unacceptable, the reasons for such determination shall be set forth in the commission's recommendation to the council.

d.

Upon the commission's recommendation to the council, the preliminary master development plan and all related materials, including any changes or modifications made thereto in the review and hearing process, shall be forwarded to the council for a public hearing, subject to the requirements of section 111-92.

e.

Upon receipt of this information, the council shall approve, amend and approve, or disapprove the preliminary master development plan.

f.

Any modifications and/or changes approved by the commission shall be considered binding on the subsequent development of the PUD, unless any changes therein are approved in writing by the council.

g.

The preliminary master development plan may be considered and approved as the final master development plan only if there are to be absolutely no changes to it following review and approval and provided it is specifically approved as the final master development plan by the council. Otherwise, any revisions, updates, additions, or changes of any type shall require that the development plan be resubmitted to the council. Said resubmission shall include all information required by this section.

h.

The final master development plan shall be submitted and approved before any excavation permits, demolition permits or construction permits of any type are issued and shall also be submitted and approved prior to, or simultaneously with, the preliminary approval of any resurvey or subdivision plat.

(7)

Additional time for submission of documents, materials, and information.

a.

Exceptions may be made regarding the time when the documents, materials and information required as part of the application must be submitted, for cases in which the site exceeds ten acres, or in cases in which the building official determines, as a result of the pre-application conference, that there are special, unusual or unique circumstances which warrant such exceptions.

b.

In those cases, the applicant may be allowed to submit such documents, materials and information in phases as the planning of the PUD progress. Such allowance shall not exempt the applicant from submitting all such documents, materials and information for review and approval prior to beginning construction of any portion of the PUD, including excavation and site preparation.

c.

Such allowance shall not be an authorization for the applicant to make major changes to the proposed development plan as originally approved by the council. See subsection (g)(2) of this section.

d.

Such allowance shall not relieve the applicant from meeting the commencement and completion dates approved in the plan. See subsection (g)(4) of this section.

(8)

Subdivisions/resurveys. The PUD site shall be resurveyed or subdivided in accordance with the city's subdivision regulations and shall conform to the approved master development plan and the provisions of this section. If there is an irreconcilable conflict between the requirements of the subdivision regulations and the requirements of this section, the requirements of this section shall be controlling. The master development plan must be approved prior to, or simultaneously with, the preliminary approval of the resurvey or subdivision plat.

(9)

Performance/improvement bond. Proposed public improvements shall be constructed or their construction shall be guaranteed in accordance with the city subdivision regulations. If such improvements are not subject to the city subdivision regulations, a bond may be required as provided in section 111-84(b)(2)g.

(10)

Fees.

a.

An administrative fee, as set from time to time by the council and provided in the city schedule of fees, shall be paid with the filing of the application. Other fees include regular and certified mail costs and publication costs incurred in processing the rezoning request or any future re-hearing that may be required; and any costs that may apply for subdivision, resurvey or conditional use requests.

b.

For each additional public hearing, extension request, or re-application, the applicant shall be required to pay the administrative fee to defray the costs of processing, along with any costs incurred for notification and/or publication. Said reimbursement shall be due immediately upon notice of amount due by the inspection services department.

(g)

Additional requirements and provisions.

(1)

Architectural plans. Before building permits may be issued, the inspection services department shall submit final architectural plans to the design review board for review.

(2)

Deviation from the development plan. To facilitate minor adjustments to the approved final master development plan as may be required by engineering or other circumstances unforeseen at the time of council approval, the building official is authorized to approve alterations to the master development plan which are incidental or minor in scope. Otherwise, the building official shall refer requests for more substantial changes to the commission as follows:

a.

Major changes shall be reviewed and approved by the commission. These include any change in the boundaries of any land use district or to the planning criteria, such as, but not limited to:

1.

Changes in density, open space, amount of land proposed for a certain use, or change in the area of a lot by more than ten percent.

2.

Changes in the size of any building or structure by more than ten percent.

3.

Rearrangement of lots, blocks and building tracts.

4.

Changes in the location of any building or structure by more than five feet in any direction.

b.

However, the following changes shall require approval by the council following a recommendation by the commission:

1.

Greater density than, or a structure larger than, that which could have been permitted by the council in its consideration of the master development plan; or

2.

A use not approved by the council, including a conditional use not expressly approved as part of the master development plan.

c.

The commission shall have the right to require further review, an additional public hearing, or complete re-application for approval of any changes that may, in the opinion of the commission, substantially alter the concept of the PUD as originally approved.

(3)

Violation of the approved development plan. Any deviation from the master development plan, which is not approved in accordance with subsection (g)(2) of this section, shall constitute a violation of this chapter.

(4)

Commencement and completion of construction.

a.

Construction of the approved development shall begin in accordance with the approved development schedule submitted; however, in no event shall the development begin more than one year from the date of the approval of the master development plan (or rezoning approval if the PUD property was rezoned) by the city council. Construction shall be deemed to have started with the actual construction of a principal building and does not mean site preparation or excavation of the site.

b.

If development is halted after commencement of construction, or if a change in ownership occurs after commencement of construction, the approved master development plan shall remain in full force and effect, and no change shall be permitted except as outlined in this subsection (g).

c.

Any approved changes in the plan shall not extend the time at which said one-year period begins. This one-year date, however, can be extended at the discretion of the commission, provided the applicant provides the commission with a written request for an extension no sooner than 60 days prior to the end of the one-year period. Written documentation must be provided to the satisfaction of the commission to demonstrate that such extension is warranted.

d.

If the commission extends the commencement of construction date, it may, but shall not be obligated to, extend the completion period for the PUD by a period of time that may be less, but may not be greater than, the length of time by which the commencement date was extended. The development shall be completed within the period of time approved as part of the master development plan, subject to any extension by the commission.

(5)

Failure to begin construction. Failure to begin construction of the PUD within one year of approval (or as extended), shall automatically void the master development plan; and, in the case of property that also had to be rezoned to the PUD zoning classification as part of the currently approved master development plan, the zoning classification shall automatically revert to the zoning classifications in effect for those properties prior to being rezoned to a PUD. No building permit shall then be issued (except a permit for a building which would be in compliance with such prior zoning classification) until a new master development plan has been resubmitted and approved and the subject property has been rezoned to PUD in accordance with the procedures set forth in this section.

(6)

Development in phases. If the PUD is to be constructed in stages, the construction of the first phase shall begin within one year from the date of the approval of the master development plan by the council; and each additional phase must begin no later than the construction commencement date for each phase as provided for in the development schedule approved by the council. In all cases, progress towards completion of the development should proceed in accordance with said development schedule. At a minimum, development shall commence each year on ten percent of the total PUD area, or 50 acres, whichever is less. Failure to comply with this provision shall constitute a deviation from the master development plan, and the provisions and procedures of this section shall apply accordingly.

(7)

Completion of a PUD. The development of a PUD shall be considered to be complete when the land has been resurveyed or subdivided in accordance with the subdivision regulations; the subdivision plat has been recorded in the office of the judge of probate of the county, and a recorded copy furnished to the inspection services department; the installation of all utilities which are to be used in the PUD has been completed (except for service lines to individual dwelling units); and all required streets (public and private), curbs, gutters and sidewalks have been installed and the final coat of paving has been placed on all streets.

(h)

Changes to zoning ordinances. No amendment or modification of this chapter shall be effective as to any PUD approval issued prior to such amendment or modification, it being intended that the PUD shall continue to be developed in accordance with the zoning ordinance in effect at the time of such prior approval. Should the PUD expire or otherwise be terminated for any reason, any newly submitted PUD development plan shall meet all zoning ordinance regulations in effect at the time of the new PUD approval.

(i)

Variances. The ZBA shall have no authority to grant variances that would amend the duly adopted final plat or the attached conditions, if any, for a PUD. Amendments or alterations to approved PUD districts shall be as provided for in subsection (g)(2) of this section.

(j)

Rules of construction. Except as may be otherwise modified in the master development plan by specific reference to the section or sections of this ordinance to be so modified, all provisions of Ordinance No. 2013-02, as amended shall continue to apply in full force and effect to any property located with a PUD planned unit development district, including any and all other and further provisions of this ordinance that would be otherwise applicable to such property but for its location within a PUD planned unit development district for each use more particularly described therein.

(Ord. No. 2013-02, § 6.21, 3-4-2013; Ord. No. 2013-12, § 1, 9-3-2013; Ord. No. 2015-001, § 1, 1-5-2015; Ord. No. 2019-016, 7-1-2019; Ord. No. 2023-003, §§ 1, 2, 6-5-2023; Ord. No. 2024-011, § 1, 6-3-2024)