(a)

The minimum land area shall be three acres. At least one acre shall be required for each livestock animal, horse and similar animal. A maximum of 20 fowl or poultry per acre shall be permitted.

(b)

The following farming activities shall be permitted:

(1)

Feed and sod crops.

(2)

Grain and seed crops.

(3)

Dairy animals and dairy products.

(4)

Kennels.

(5)

Livestock, such as beef cattle, swine, sheep, goats, or any similar livestock, including the breeding and raising of such animals, but excluding commercial meat processing operations.

(6)

Poultry, including egg production, but excluding commercial poultry processing operations.

(7)

Nursery operations involving the raising of plants, shrubs and trees for sale and transplantation, including greenhouses and the incidental sale of items customarily associated with a nursery operation.

(8)

Bees and apiary installations and products.

(9)

Fisheries, excluding commercial fish processing operations.

(10)

Fruit and vegetables of all kinds, including the growing and harvesting of such fruit and vegetables, but excluding commercial food processing operations.

(c)

Development standards.

(1)

All structures, livestock barns, cages, pens and other such facilities used for the feeding or housing of any livestock or fowl shall be set back a minimum of 200 feet from any adjacent property line and 75 feet from the front property line and any public right-of-way, and shall not be located forward of the front building line.

(2)

When permitted, and in addition to the above, commercial poultry houses shall not be built closer than 300 feet to the nearest then-existing dwelling other than that of the owner; and swine shall not be housed, fed and/or watered closer than 200 feet to any adjacent property line, 300 feet to the nearest then-existing dwelling, and 75 feet to any public right-of-way.

(3)

Temporary sawmills and chippers, used in connection with timber cutting operations, shall be set back at least 200 feet from any lot line.

(4)

Single-family dwellings shall conform to the minimum area and dimensional regulations of the applicable district.

(5)

A farm stand, from which farm produce grown on the same premises is sold to the general public, may be permitted, subject to the following:

a.

Sales areas shall be set back from all lot lines so as to meet the district yard requirements.

b.

Sales areas shall not occupy any part of a required off-street parking or loading area.

(6)

Incidental, accessory structures and activities commonly associated with a farm may include barns, silos, animal pens, loading and unloading platforms or chutes and other accessory uses, including blacksmith operations.

(Ord. No. 2013-02, § 8.1, 3-4-2013)

(a)

Where permitted, the minimum lot area shall be two acres.

(b)

Unless otherwise provided for in this chapter, the keeping of livestock and fowl shall be limited to the following:

(1)

Poultry.

(2)

Horses, donkeys, ponies and dairy animals.

The keeping of goats, sheep, and swine are prohibited as a part of a hobby farm.

(c)

The use shall be subject to the following setback and area requirements:

(1)

Permitted livestock and fowl shall be housed not less than 200 feet from any adjacent lot not zoned A-1.

(2)

At least one acre of lot area shall be required for each small livestock animal and a maximum of 20 poultry for every 8,000 square feet of lot area shall be permitted.

(3)

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

(Ord. No. 2013-02, § 8.2, 3-4-2013)

Where permitted, group care homes shall comply with all applicable state regulations and the following requirements:

(1)

The use shall be conducted within a dwelling.

(2)

The building shall maintain the exterior appearance of a single-family dwelling, with no separate outside entrances to individual bedrooms.

(3)

The group care home shall be sponsored by a public or nonprofit organization.

(4)

State licensing requirements shall be met.

(5)

No group care home shall be located within 1,000 feet of another group care home as measured between lot lines.

(6)

The group care home shall have full-time, 24-hour, on-site supervision.

(Ord. No. 2013-02, § 8.3, 3-4-2013)

(a)

Where permitted, used car sales lots shall comply with Ordinance No. 2006-21 (adopted October 16, 2006), as may be amended, and shall be further subject to the regulations herein. The granting of a used car sales lot license shall be contingent upon obtaining all applicable zoning approvals and permits, and upon compliance with all further business license provisions (business license requirements, approval and revocation procedures are outlined in Ordinance No. 2006-21).

(b)

Existing businesses requesting approval of a used car sales lot may not use parking spaces required of the existing use for a used car display area, but shall meet all of the requirements herein.

(1)

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

(2)

Development standards.

a.

There shall be a minimum lot size of three-fourths acre and a permanent structure containing not less than 700 square feet of interior floor space to be used as a business or sales office. Any new structure to be built shall conform to the city building code.

b.

Grounds shall meet, or be improved to comply with, the following minimum requirements upon that portion of the land to be used for display and/or offering for sale of used cars:

1.

Parking spaces for each used car in inventory shall be a minimum of ten feet by 20 feet.

2.

Improved ground shall contain a gravel base of not less than four inches covered by a minimum of two inches of pavement or concrete.

(3)

Additional regulations.

a.

Premises shall be kept in a neat and clean condition.

b.

Used cars that are part of the inventory shall not encroach upon any public right-of-way.

c.

No activities shall be permitted that, at the property line, exceed 80 decibels from 7:00 a.m. to 9:00 p.m., nor 75 decibels from 9:00 p.m. to 7:00 a.m.

d.

When permitted by the applicable zoning district, vehicle repair and service shall be performed entirely within an enclosed building located on the same premises. However, the washing and waxing of such vehicles may be allowed in a designated outside area on the same premises.

e.

Abandoned or inoperative vehicles shall not be stored on the premises for a period exceeding 30 consecutive days.

(Ord. No. 2006-21, 10-16-2006; Ord. No. 2013-02, § 8.4, 3-4-2013)

(a)

Fast food restaurant (freestanding). Where permitted, and upon review by the city engineer and building official, a freestanding fast food restaurant shall comply with the following:

(1)

Submission of a site plan in accordance with section 111-84(b)(2).

(2)

The reviewing official shall have the authority to refer an application to the commission for review and approval.

(3)

Development standards.

a.

The exterior of the premises shall be cleared of all refuse at least once every six hours during business hours.

b.

No sound-emitting devices operated as part of the restaurant shall emit sounds that, at the property line, exceed 80 decibels from 7:00 a.m. to 9:00 p.m., nor 75 decibels from 9:00 p.m. to 7:00 a.m.

(b)

Outdoor seating for restaurant.

(1)

Outdoor seating areas accessory to an enclosed restaurant shall:

a.

Be confined to an area delineated on a plan approved by the building official.

b.

Be ADA (American Disabilities Act) compliant.

c.

Not be located on public right-of-way or interfere with vehicular circulation or pedestrian passage. Such passage shall meet all applicable code requirements as well as other standards established by the building official for safe and convenient pedestrian movement. However, in certain cases, the council may expressly permit the use of a portion of a public sidewalk for such use, provided a minimum clear distance of five feet is maintained for pedestrian passage.

(2)

A physical barrier to define the seating area may be required by the building official.

(3)

No part of the outdoor eating facilities shall be closer than 50 feet to the lot line of the nearest dwelling.

(4)

The area shall be maintained free of trash and debris at all times.

(5)

Hours of operation for outdoor eating areas located adjacent to residentially zoned property shall be limited to between 7:00 a.m. and 11:00 p.m.

(Ord. No. 2013-02, § 8.5, 3-4-2013)

(a)

Intent. It is the intent of this section to establish requirements, conditions and minimum standards for the construction and installation of towers, antennas and equipment to be used in connection with telecommunication services to be provided to the public by means of cellular systems, personal communication service systems and other systems; to protect public health, safety and welfare in accordance with the purpose of this chapter; to minimize and discourage unnecessary proliferation of new towers and promote the co-location of new antennas onto existing towers; to ensure compatibility with adjacent land uses; to protect against the devaluation of property and to preserve the character of existing communities and their design; to protect revitalization areas, historic areas and other areas of special significance or public investment; and to avoid adverse visual impacts to the city landscape.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Co-location site means a premises on which the antennas and related equipment of more than one party are located.

Communication facilities means towers, antennas and equipment, collectively.

Communications antenna means a device used to transmit and/or receive wireless communication services as authorized by the Federal Communications Commission, including all mounts and supporting structures other than supporting communications towers as defined herein. Communications antennas include:

Microwave dish means parabolic antennas that emit microwave signals.

Panel antenna means vertical and horizontal plane antennas that aim radio signals in specific directions.

Whip antenna means cylindrical antennas that emit radio signals in a 360-degree horizontal plane and a compressed vertical plane.

Communications tower means any communications tower installed or constructed within the city prior to the effective date of the ordinance from which this chapter is derived, regardless of type. Any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more communications antennas. Communications towers include:

Camouflaged towers means self-supporting towers concealed such that they blend in with their surroundings. Such towers may be constructed to resemble objects, such as a tree or a streetlight, or may be concealed within another structure, such as a clock tower, church steeple or lamppost.

Monopole towers means cylindrical self-supporting towers constructed as a single spire.

Equipment means all equipment and facilities used in conjunction with one or more towers and/or antennas, including, but not limited to, electronic systems, generators, fuel tanks and fuel.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Monopole means any self-supporting wooden, metal or concrete pole designed to support an antenna. This does not include a latticed steel or metal tower, a tower which requires guy wires for support to a tower and that has more than one source of support, such as a tower with more than one leg.

Owner means the person who is shown as the owner of property according to the records of the tax assessor of the county.

Tower compound means a premises on which communication facilities are located.

(c)

Applicability and exemptions. Communication facilities may be constructed and installed only in nonresidential zoning districts, provided they comply with the provisions herein and obtain appropriate permits and licenses from the city. For purposes of this subsection, the A-1 district shall be considered a residential district. All towers, antennas and equipment constructed or installed in the city after the effective date of the ordinance from which this chapter is derived, whether on a new or existing tower compound, shall be subject to this section. A tower proposed to be built on a co-location site shall be subject to the same requirements and conditions as all other towers. Any changes or additions to any tower or antenna in existence before the effective date of the ordinance from which this chapter is derived shall be subject to these provisions.

(d)

General standards.

(1)

Receiving antennas. Small receiving antennas located in residential districts shall be considered, and treated as, accessory structures. A receiving antenna located in a nonresidential zoning district shall be screened on at least three sides if mounted on the top or roof of a structure or screened on four sides if ground-mounted.

(2)

Monopoles. All towers shall be monopoles.

(3)

Maintenance. Towers and tower compounds shall be properly maintained. Routine maintenance of, and repairs to, communication facilities may be performed without commission review or approval.

(4)

Co-location. A new tower shall not be constructed if space is available, on an economically reasonable basis, on an existing tower that is structurally and technically able to support a proposed antenna. An affidavit, subject to subsection (g)(8) of this section, that reasonable efforts have been made to locate the proposed antenna on an existing tower shall be submitted with the application.

a.

Pursuant to this subsection (4), the owner of any existing communications tower that has space structurally and technically available for any additional communications antennas shall make such space reasonably and economically available to other providers.

b.

Each new tower shall be designed for the installation of additional antennas to the fullest extent practicable, taking into consideration the structural and technical limitations of the type of tower proposed.

(5)

Pre-existing towers.

a.

Any communications tower or antenna not meeting the requirements of this section, for which a permit has been properly issued, shall hereafter be considered a legal nonconforming structure. However, any communications antenna locating on a pre-existing, properly permitted communications tower subsequent to adoption of the ordinance from which this chapter is derived shall be exempt from the restrictions when the following conditions are met:

1.

No structural alterations to the existing tower will be necessary; however, if structural strengthening is necessary to accommodate co-location, such alteration may proceed, provided the tower type shall remain the same as previously permitted;

2.

There will be no increase in the total height or lighting of the facility, including the tower, antennas and all other associated facilities; and

3.

All setback and buffer requirements applicable to the existing tower at the time its permit was issued can, and will, still be complied with.

b.

Such approval may be granted following application to, and review by, the building official.

(6)

Exemptions.

a.

Exemptions from this section include:

1.

Accessory facilities used exclusively for dispatch communications by public emergency agencies or government agencies.

2.

Accessory facilities used exclusively for dispatch communications by private entities, provided such facilities do not exceed 20 feet in height above the rooftop of the building to which said facilities are accessory.

3.

Communications towers, antennas and related necessary facilities used exclusively for internal communications by public utilities, provided that:

(i)

Such facilities are subordinate and incidental to approved nonresidential uses or structures on the same parcel;

(ii)

Such facilities do not exceed 20 feet in height above a structure when mounted thereto, or 60 feet in height when ground-mounted; and

(iii)

Towers, poles or other support structures do not exceed 13 inches in diameter.

b.

Determination of exemption of any such facilities exceeding the foregoing dimensions shall be made by the building official.

(e)

Development criteria. The building official shall review all applications for compliance with the provisions of this section. By a vote of at least two-thirds of the members of the commission, who are present and voting at the public hearing at which an application is considered, the commission may waive any one or more of the following requirements if the circumstances justify the waiver, and provided the reasons for such waiver is included in the minutes of the commission meeting:

(1)

Setbacks.

a.

When a tower compound is situated on a parcel contiguous to any residential property, the centerline of the tower may not be located closer than 100 feet from the nearest property line of such dwelling. If all land contiguous to the tower compound is in a nonresidential zoning district, the centerline of the tower may not be located nearer than 50 feet from the nearest property lines of adjoining properties.

b.

The commission may reduce this setback requirement in exceptional cases where, due to unusual topographic conditions of the tower compound, the enforcement of such setback requirements would result in unnecessary hardship to the applicant, provided that the required minimum setback may not be reduced to less than that required in the applicable district and that the setback reduction shall not, in the opinion of the commission, be contrary to the health, safety and general welfare of the public.

(2)

Appearance of towers.

a.

Towers shall be constructed of wood, galvanized steel or concrete and retain their natural finish so as to reduce their visibility. To the extent practicable, towers and tower compounds shall be designed, through the use of building materials, colors, textures, screening and landscaping, to minimize adverse visual impacts on surrounding properties and public rights-of-way. The commission may require that planting and a decorative fence or wall be constructed around a tower compound to help accomplish this end.

b.

If a faux tree is proposed, it shall be of a type of tree compatible with those existing in surrounding areas. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added tree species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

(3)

Signs. No signs or other forms of advertising, including signs displaying the name of the owner or user of the facility, may be attached to, or depicted on, a tower or antenna.

(4)

Lighting.

a.

There shall be no lighting on any towers except when required by the FAA. In cases where the FAA does require a tower to be lighted, only red blinking lights shall be used at night; white strobe lights shall not be permitted for nighttime lighting. Written documentation of any FAA directives to light a tower differently than provided herein shall be submitted with the application.

b.

Lights for security and to assist in making emergency repairs may be installed on buildings which contain equipment. Such lights shall be pointed in a downward direction from a height of not more than ten feet, and no such light may exceed a maximum of 150 watts. Light fixtures shall not direct light away from/off of the site.

(5)

Landscaped buffers.

a.

All tower compounds shall be surrounded by a landscaped buffer which shall, to a height of at least eight feet, effectively screen the view of the tower compound from adjacent public rights-of-way and residential property. The buffer, which may be located within the required setback area, shall consist of a landscaped strip, at least four feet in depth, located outside of a security fence. The buffer shall be planted with a combination of trees, shrubs, vines and/or ground cover capable of attaining, at maturity, a height as high as the security fence, and which will enhance and at least partially screen the security fence. For tower compounds located within 1,000 feet of residential property or schools, the commission may require wider landscaped buffer areas and other items, such as decay-resistant, solid wood fences, earth berms and brick or masonry walls in addition to the security fences and planting referred to herein.

b.

All fences, walls and landscaping shall be kept in good condition and repair by the owner or user. If a person other than the person identified in the original application becomes responsible for maintenance and repair, the owner shall give the building official written notice of such person's name and address.

c.

Existing mature tree growth and natural land forms on tower compound sites shall be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large, wooded lots, preservation of a substantial amount of natural growth around the perimeter of the tower compound may be taken into consideration by the planning commission in determining the extent of the buffer required.

d.

In isolated, nonresidential areas, alternative landscaping methods, such as the use of a dark colored, vinyl-coated or galvanized steel chainlink security fence, in combination with evergreen shrubs, trees, vines, and/or other plantings, may be permitted by the commission on the condition that, if the areas surrounding such tower compounds become developed, the commission shall have the right to require the owner to comply with the provisions of subsection (e)(5)a of this section.

(6)

Security. The support structure and support facilities shall be constructed so as to prevent unauthorized entry. A dark colored vinyl-coated or galvanized steel chainlink security fence, at least eight feet in height, shall be installed around the perimeter of the tower compound.

(7)

Structural safety of towers. Towers shall comply with wind loading and all other applicable structural safety standards and building and technical codes having jurisdiction, so as not to endanger the health and safety of residents, employees or travelers in the event of structural failure due to extreme weather conditions or other acts of God.

(8)

Size of tower compound. Each tower compound shall be large enough to provide room for a structure to contain the equipment for a least one additional antenna.

(9)

Compliance with rules and regulations. All communication facilities shall comply with all applicable rules, regulations and requirements of the FCC and any other governmental agencies having jurisdiction over them. The commission may require that satisfactory evidence of such compliance be presented.

(10)

Access. A driveway, for maintenance, repair and emergency access, and a parking area with an all-weather surface shall be provided for each tower compound. Subject to the approval of the commission and to an appropriate agreement with the owner thereof, access may be by means of, and parking may be provided on, an adjoining parcel of land. The commission may also permit on-street parking along one or more public streets adjoining the tower compound to serve as the parking area.

(f)

Removal of unused or abandoned facilities.

(1)

Any communication facility that ceases to be used for its original purpose shall be removed at the owner's expense. Within ten days of sending notice to the FCC of the intent of the owner to cease use of the facility, the owner shall provide the building official with a copy of such notice. The owner shall have 90 days from the date of such ceasing (or by such earlier date as may be required by the FCC) to remove the obsolete tower and all accessory structures and to restore the site to its natural condition.

(2)

In case of multiple providers sharing use of a single tower, notice shall be required from each provider as to their cessation of operations, and such provider shall remove its facilities within the 90-day period prescribed in subsection (f)(1) of this section. At such time as all providers cease operation of their facilities located thereon, the owner shall complete the removal and restoration process as set forth herein.

(3)

A tower used by multiple providers may continue to be used as long as the tower is used by at least one party. Any party who ceases to use a shared tower shall remove its antenna and other equipment within 90 days after it ceases to use the tower (or within such shorter period as may be prescribed by the FCC) so that the facility may be available for use by another party.

(4)

If removal is not accomplished within such 90-day period (or such shorter period as may be prescribed by the FCC), the landowner, if different from the owner of the tower, shall remove it within 90 days of receiving written notice from the city to do so. If neither the tower owner nor the landowner removes the tower within the time prescribed, the city may, but shall not be obligated to, remove the tower. The city may recover the cost of doing so from the tower owner and/or the landowner.

(5)

If the tower is located on city property, the city shall have the right to purchase the tower for $100.00 when it ceases to be used for telecommunication purposes by the tower owner and by all other parties sharing use of the tower. Such right to purchase shall be exercised by the city within 60 days of the day the city receives notice that the tower owner intends to cease use of the tower.

(g)

Application. Application for a permit to construct a new tower or to locate an antenna or additional equipment on an existing tower or tower compound shall include the following:

(1)

Application fees. To help defray the costs of processing applications, reviewing plans and otherwise administering the provision of this section, the applicant shall submit an application fee as may be set from time to time by the council. This application fee is nonrefundable and shall be in addition to any and all other fees, including rezoning requests and costs of notice and publication for public hearings, if applicable.

(2)

Statement of impact on health, safety and welfare. A brief written statement concerning the steps the applicant has taken to comply with all applicable rules, regulations and requirements concerning health and safety matters related to the proposed communication facilities, especially as related to subsection (e) of this section.

(3)

Site plan. A site plan shall be prepared by a surveyor and scaled to not less than one inch equals 50 feet, showing the location and dimensions of the premises upon which the communication facilities are to be located, as well as the location of setback lines, driveways, parking areas, fencing, landscaping, and generators; and, if a fuel tank is to be used, the size of the tank and the type and maximum amount of fuel to be stored in it. The site plan shall also show:

a.

All parcels located within 500 feet of any part of the tower compound.

b.

The latitude, longitude, section, township, range, tax parcel identification number, street address and site identification number of the proposed tower compound.

c.

If the proposed tower compound is leased, or is proposed to be leased, and is a part of a larger parcel, its location with respect to the boundary lines of such larger parcel.

d.

The zoning classification of the premises and all adjoining properties.

e.

Such other information required by the commission.

(4)

List of property owners. When a public hearing is required, the application shall include the names and addresses of all owners of property adjoining the subject premises and certification of the applicant, a surveyor or an attorney that the list of property owners was obtained from the records of the tax assessor and that the list contains the names and addresses of all owners of property adjoining the premises.

(5)

Elevation view. A silhouette and elevation view of the existing or proposed tower, as applicable, tower compound and all other communication facilities, shall be prepared indicating colors and materials to be used and any security fence, decorative fence and/or decorative wall. The configuration of proposed antenna arrays shall be shown on the silhouette. The proposed location of future, additional antenna arrays shall be shown on the silhouette by dashed lines.

(6)

Location of tower compound. If any part of the tower compound is, or is to be, located within 1,000 feet of a boundary line of the city, the following information shall be clearly indicated on the site plan:

a.

That the tower compound is, or would be, located within 1,000 feet of the city boundary line.

b.

The name of the adjacent municipalities.

c.

The zoning classification of all properties, within 1,000 feet of the premises and located in another municipality.

(7)

Frequency band and wattage. The frequency band and maximum wattage of proposed communication facilities.

(8)

Affidavit.

a.

For installation of a new tower, the applicant shall provide an affidavit stating that:

1.

There is no existing tower from which the area to be served by the proposed new tower can be served; or

2.

The applicant has made good faith efforts to have its antenna installed on an existing or proposed tower, from which the area proposed to be served by the new tower could be served, and has been unable to do so.

b.

The affidavit shall also include a detailed written narrative of the efforts made by the applicant to obtain use of an existing tower.

(9)

Estimated life. The estimated life of the tower, the antenna and the equipment.

(10)

Name and address of maintainer. The name and address of the party who shall be responsible for the maintenance and repair of the communication facilities, and any fences, walls and landscaped buffer areas.

(11)

Certification of shared use design. If the tower to be used is one on which there are already one or more antennas, certification by a professional engineer, who is qualified to make such certification, that the tower proposed to be used can accommodate the proposed antenna and existing antennas in a safe and functional manner.

(h)

Approval procedure.

(1)

No party may construct a tower, install the first antenna or install related equipment unless such party first obtains permission for the communications facility from the commission following a public hearing. The installation of additional antenna and necessary equipment on an existing tower may be approved by the building official and shall not require approval of the commission unless:

a.

The tower compound is to be enlarged, or there is a change in the size or location for the existing tower; or

b.

The building official considers it appropriate that such application be referred to the commission for its review and consideration.

(2)

The city shall, by United States certified or registered mail, provide adjoining property owners with notice of the public hearing at which the commission shall consider the application, and shall publish said notification in accordance with state law. The notice shall include:

a.

The name of the applicant;

b.

The location of the property;

c.

The proposed use of the property; and

d.

The time, date and location of the public hearing.

The applicant shall be responsible for all costs incurred in connection with the postage and publication for the public hearing, as well as all application fees. If, at the hearing, the request is tabled or continued until another specific date and that date is announced, it shall not be necessary to provide additional notices to adjoining property owners.

(3)

Where rezoning is required, refer to section 111-92.

(4)

Action on appeals. An applicant wishing to appeal a decision by the commission denying approval shall submit such appeal to the council. Application shall be made to the city clerk within 30 days of the date of the commission hearing at which such denial was made. The city clerk shall provide written notification of the council hearing as required in subsection (h)(2) of this section. The applicant shall be responsible for cost of postage and publication as part of the appeal.

(5)

Fees are nonrefundable.

(i)

Foundation survey and as-built certification. After the foundation for a new tower is poured, a foundation survey prepared by a surveyor and showing the location of the tower foundation shall be provided to the building official. No further work may be done with respect to the construction of the tower until the building official has approved, in writing, the foundation and its location. Upon completion of the new tower and installation of antenna, or upon the location of an additional antenna on an existing tower, as applicable, the facilities shall not be put into operation until a professional engineer, qualified to make such certification, furnishes the city written certification that the tower and antenna were built and installed (or the antenna installed on an existing tower) in accordance with the plans submitted to the city and the provisions of this section.

(Ord. No. 2013-02, § 8.6, 3-4-2013; Ord. No. 2015-017, § 11, 7-20-2015)

Where permitted, a shopping center shall consist of a building group that is unified. The following shall be required:

(1)

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

(2)

The number of access points shall be kept to a minimum and, to the extent practicable, cross access facilities shall be used to provide access between the center and abutting nonresidential premises.

(3)

A copy of any deed restrictions intended for the property shall be provided, together with the site plan submittal.

(4)

The number, location, height and design of all shopping center signage shall be coordinated through a master signage plan submitted as part of a site plan review.

(Ord. No. 2013-02, § 8.7, 3-4-2013)

Where permitted, gas stations shall observe all applicable regulations of national and state fire codes, the city building code, the ADEM, state law, and the provisions herein.

(1)

New gas stations.

a.

A minimum lot frontage of 200 feet shall be required along any street from which vehicular access is provided.

b.

In accordance with the city building code, no gas station shall hereafter be located and no property shall be used as such closer than 300 feet from places of assembly.

c.

All islands shall be set back a minimum of 20 feet from the edge of the pavement of any adjoining street.

(2)

General regulations for all gas stations.

a.

The number and location of driveways shall be in accordance with the access management standards in the subdivision regulations. Two-way driveways shall not exceed 24 feet in width. One-way driveways shall not exceed 14 feet in width.

b.

There shall be no outside storage or display of accessories when the gas station is not open for business.

c.

Vehicle repair shall be permitted only in accordance with the use regulations of the applicable district.

d.

At no time shall any vehicles for sale be displayed on the premises.

e.

Storage of vehicles on the premises is permitted only where vehicle repair is allowed. In all cases, vehicles shall not be parked or stored in the building or on the premises longer than 60 days.

f.

The design, operation and maintenance of all gas stations shall be in accordance with all applicable state and local laws, the city building code and city fire code.

(3)

Prohibited uses. The following uses are prohibited:

a.

Storage of vehicles except as provided for in this section.

b.

Buying or offering for sale new or used motor vehicles.

c.

Any use performed inside the principal building or on the premises which is offensive or dangerous or which constitutes a nuisance to the occupants of adjacent properties by reason of smoke, fuels, dust, odor, vibrations, noise or unsightliness.

(Ord. No. 2013-02, § 8.8, 3-4-2013)

Where permitted, a nursing care facility shall comply with the following:

(1)

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

(2)

Two hundred square feet of open space, exclusive of required front yards, side yards, buffer areas, parking areas, loading spaces or other purposes, shall be provided on the premises for each bed in the nursing care facility. The open space shall be open and unobstructed from the ground upwards.

(Ord. No. 2013-02, § 8.9, 3-4-2013)

Where permitted, cemeteries shall comply with the following:

(1)

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

(2)

No part of a cemetery shall be located closer than 200 feet to any residential district nor closer than 500 feet to any hospital or nursing care facility.

(3)

A six feet high protective wall or decorative fence shall be constructed along all property lines, except at points of ingress and egress. Cemeteries shall be exempt from any other required buffering or screening along public rights-of-way. The facility shall install gates with locks at points of ingress and egress.

(4)

No grave site shall be located closer than 150 feet to a water line or underground water supply.

(5)

No mausoleum, crematoriums or any other building or structure (accessory to or incidental to a cemetery) shall be located closer than 200 feet to any property line.

(Ord. No. 2013-02, § 8.10, 3-4-2013)

Where permitted, home occupations shall comply with the following:

(1)

General standards.

a.

Home occupations shall be clearly incidental to the residential use of the dwelling and shall not change the essential character of the dwelling nor adversely affect the uses permitted in the district. No home occupations shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, electrical interference, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use.

b.

Home occupations shall be confined to 25 percent of the principal dwelling, and the business shall not be conducted in any accessory building, except for an approved home office within an accessory dwelling unit. In addition, no additional buildings or structures may be constructed in connection with the home occupation.

c.

For an approved accessory dwelling unit or a dwelling unit within a multifamily development, consideration may be given for approval of a home office only subject to subsection (3) of this section.

d.

In no case shall any unoccupied dwelling be used for a Home Occupation.

e.

No outside storage shall be used in connection with a Home Occupation.

f.

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment or help other than those members of the residential family.

g.

No display of products shall be visible from the street, and only articles which are included as part of the conditional use approval may be sold from the premises.

h.

The business shall not create any noise which is audible from off the premises and shall not emit any smoke, vibration, fume or dust which affects nearby properties.

i.

Instruction of music, art, dancing and similar activities shall be limited to two students at a time, and any noise created by the activity shall not be detectable beyond the property line.

j.

No more than two motor vehicles related to a home occupation may be parked on the premises of any dwelling or accessory structure. Such vehicles may be trucks not exceeding three-quarters ton in load capacity, vans or automobiles, provided that such vehicles must be parked on a portion of the premises that was paved or otherwise designed as a parking area or driveway prior to the commencement of the home occupation.

k.

Unless otherwise stipulated by the commission, the activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

l.

Minimal deliveries of office supplies by services, such as UPS and Federal Express shall be permitted only.

m.

The Building Official and/or a representative of the fire department of the city shall be permitted to make an inspection upon receipt of the initial application; and, in addition, make annual inspections at license renewal time or at any time, upon reasonable request, to enter and inspect the premises covered for safety and compliance purposes.

n.

The building official and/or representative of the fire department shall file with the commission a written inspection report advising the commission that the licensee is in compliance with this section or, if not in compliance, to set out any area of noncompliance.

o.

Should a home occupation licensee die or move to a new location, the existing license shall automatically terminate, except that, in the case of death, should a surviving spouse or adult then residing at the same residence desire to continue the home occupation, the license would remain in effect, if otherwise in compliance.

p.

Signs shall be subject to section 111-315.

(2)

Prohibited occupations. Business activities that shall not be permitted as home occupations include, but are not limited to:

a.

On-site storage or presence of explosives, hazardous materials, or any substance or activity that is determined to constitute a threat to the public health or safety.

b.

On-site servicing, repair or painting of motor or other vehicles, or any motorized equipment, excluding small household appliances and personal computers.

c.

A boardinghouse or inn, or the like.

d.

A welding or machine shop, or the like.

e.

Rental, use, dispatch, sale or lease of a hearse, ambulance, wrecker or tow truck, taxi or limousine when such vehicle is brought to the site.

f.

A nursing care facility, group day care home, day care home, group care home or the like. Note: Day care homes, group day care homes, and group care homes are regulated separately from Home Occupations but may otherwise be permitted subject to the applicable provisions in this chapter.

g.

Hair salon.

h.

Medical services.

(3)

Administrative approval of home office. Recognizing that technology offers new opportunities to work in the home environment and that many home occupations, by their nature, are limited to computer and telephone usage and are not considered to be detrimental to the residential neighborhood or its citizens, the building official or his representative is authorized to establish an administrative review process whereby requests for home offices may be approved as a conditional use. Otherwise all applications for home occupations must be approved by the commission for conditional use approval.

(4)

Application and inspections. Application for home occupations shall be made in writing to the inspection services department on forms supplied by that office. Inspection of the premises shall be made by the building official and/or fire department designee as part of the approval process.

(5)

Revocation of approval. If the recipient of any home occupation approval does not abide by the conditions of the approval, the building official has the authority to issue a cease and desist order and to take appropriate action to have the business license immediately rescinded.

(6)

Home occupations appeals. The ZBA may hear an appeal by any applicant denied an application for a home occupation under the following conditions:

a.

A written application for appeal is submitted to the ZBA indicating the section of this chapter under which the use is required.

b.

All contiguous property owners shall be individually notified by written letter of the time and place of the ZBA's meeting and the applicant's intentions at least seven days prior to such meeting. The applicant shall furnish to the ZBA a list containing the names and current addresses of the contiguous property owners.

c.

The applicant shall appear in person or by agent or attorney at the meeting.

d.

The approval of the application will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located.

e.

The occupation is in harmony with the purpose and the intent of this article and will not be injurious to the neighborhood or to the general welfare.

f.

The approval of the application is the only administrative action necessary in order to make the requested occupation meet the intent and spirit of this article at the specified location.

g.

The application is not for a use that is specifically disallowed in the specified district.

h.

The ruling on a home occupation appeal shall be determined using the definitions and requirements for an approved home occupation as a guide.

(Ord. No. 2013-02, § 8.11, 3-4-2013; Ord. No. 2016-015, § 1, 9-6-2016; Ord. No. 2017-001, § 1, 1-3-2017)

Where permitted, mini-warehouses shall comply with the following standards. Additional development standards may be required as conditions of approval when deemed necessary.

(1)

Area and dimensional standards.

a.

A minimum lot size of three acres shall be required for a mini-warehouse development when such development does not exceed one story in height. In all other cases, the minimum acreage shall be reduced by one-half acre for each story in height. However, in no case shall such mini-warehouse development exceed 45 feet in height.

b.

When such development does not exceed one story in height, there shall be a maximum of 30 storage units or 15,000 square feet of enclosed storage area per acre.

(2)

Site plan. A site plan shall be submitted in accordance with section 111-84(b)(2). The site plan shall provide adequate space and turning radius for the parking, circulation, stacking and turning movements of moving vans and trucks and firefighting apparatus/vehicles. At a minimum, the following shall be observed:

a.

All one-way drive aisles shall provide one ten-foot wide parking lane and one ten-foot wide travel lane. Traffic direction and parking shall be designated by signs or painting.

b.

All two-way drive aisles shall provide one ten-foot wide parking lane and two 12-foot wide travel lanes.

c.

Any other site requirements determined through the conditional use procedure to minimize impacts on adjacent property.

(3)

Use limitations.

a.

Mini-warehouses are for the sole purpose of storage only. There shall be no residential living, work shops or repair activities, manufacture or fabrication, or any other non-approved use on the property or within the storage units and no sales of the contents of such storage units (with the exception of periodic auctions to allow the owner of the mini-warehouse property to dispose of the contents of a storage unit due to proper legal proceedings).

b.

The rental of trucks or equipment shall not be considered an accessory use and shall be prohibited.

c.

Hours of operation shall be as approved by the city.

(4)

Additional standards.

a.

Storage bay doors shall not face any abutting property located in a residential district.

b.

All exterior lighting associated with the development shall direct beams of light away from adjacent streets or thoroughfares as well as any adjacent residential district. Flashing, blinking or intermittent lights or bare neon tubing are prohibited.

c.

Except as may be provided for elsewhere in this chapter, all items stored on this property shall be entirely within an enclosed building.

1.

No storage of volatile, toxic, hazardous or explosive materials shall be permitted, either inside any structure or on the premises.

2.

Outdoor storage of operational recreational vehicles, moveable campers, and water crafts may be permitted so long as such items are stored in a designated area at the rear of the property and screened in accordance with section 111-346. Said recreational vehicles, campers and water craft shall not be occupied or otherwise used for any other purpose while in the storage facility. There shall be no repair or maintenance work performed on such vehicles while stored.

3.

As part of site plan approval, a suitable pervious surface may be accepted for the outdoor storage area with approval of the building official.

d.

Buffers shall be provided in accordance with section 111-347. Unless otherwise required by the commission, the facility shall be enclosed entirely by a six-foot high fence, except at points of access. Gates shall be provided for access and secured with locks. The fence enclosure may be counted toward buffer requirements subject to section 111-348.

e.

Any waste collection areas shall be behind the front building line and screened subject to section 111-346. Such area shall be covered if containing a sewer drain.

(Ord. No. 2013-02, § 8.12, 3-4-2013)

Where permitted, industrial parks shall comply with the following:

(1)

A site plan shall be submitted in accordance with section 111-84(b)(2). The reviewing authority may require a traffic impact study prepared by a traffic engineer. The site plan shall provide for:

a.

Access to an industrial park shall be by way of a major street adequate and suitable for the accommodation of truck traffic.

b.

All internal streets shall have a minimum right-of-way width of 70 feet, with a minimum paved roadway width of 30 feet with 24-inch curb and gutter, a maximum gradient of five percent, and shall otherwise conform to city standards for commercial streets and other requirements by the commission. In all cases, appropriate access and circulation by vehicles and emergency equipment shall be provided.

c.

Outdoor storage shall be permitted only when accessory to a permitted principal use. Outdoor storage shall be located behind the front building line and screened subject to section 111-346.

d.

Buffers shall be provided in accordance with section 111-347.

e.

Cul-de-sacs are permitted in industrial parks provided they are less than 500 feet long as measured from the terminal point of the cul-de-sac to the closest intersection. Cul-de-sac bulbs shall be paved and have a minimum radius of 70 feet.

f.

The vehicular approach to an industrial park site from a public street shall be so designed that uncontrolled left-hand turns from the street shall be eliminated or reduced either by a frontage road or other suitable means deemed adequate by the city engineer and director of the public works department, including addition of a left-turn storage lane to the adjoining street.

g.

Sight distances at all points of access to public streets shall not be less than 1,000 feet, except where a traffic signal light is installed at the access to the site or as otherwise determined by a traffic impact study conducted by the city engineer or a traffic engineer approved by the city.

h.

Acceleration and deceleration lanes, the length of which shall be subject to ALDOT standards, shall be provided along any external streets with a posted speed limit of 30 miles per hour or greater.

i.

Street lighting and lighting of the premises shall be provided in accordance with the city and Alabama Power Company street lighting standards.

j.

Fences shall be eight feet in height. For additional fence standards refer to section 111-198. If used as a part of a required buffer or screening, fences shall be subject to section 111-348.

(2)

A report of subsurface soil conditions shall be provided by a geotechnical engineer to the building official for review and approval by the city engineer as evidence of suitable bearing for building foundations.

(3)

A copy of any existing or proposed deed restrictions and covenants shall be provided, together with the site plan. A copy of such restrictions shall be provided to the city upon recording with the probate judge, if applicable.

(Ord. No. 2013-02, § 8.13, 3-4-2013)

Where permitted, day care homes and group day care homes shall be subject to the following:

(1)

Day care and group day care homes shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling.

(2)

Day care homes shall provide day care for six or less children. Group day care homes shall provide day care for seven to 12 children. Both shall meet all applicable state and county licensing requirements and any additional requirements established by the commission.

(3)

Employment shall be limited to members of the family residing in the dwelling.

(4)

No part of the day care service shall be conducted in any accessory building.

(5)

No day care home or group day care home shall be located within 1,000 feet of another day care home, group day care home or group care home, as measured between lot lines.

(6)

Such activity shall be limited to the hours between 5:00 a.m. and 7:00 p.m.

(Ord. No. 2013-02, § 8.14, 3-4-2013)

Where permitted, multifamily dwellings involving the development of more than one acre shall be subject to the following provisions. Where there is any conflict between the provisions herein and the provisions of section 111-158, section 111-252 provisions shall govern.

(1)

Site development standards.

a.

Lot area. Minimum lot area shall be more than one acre.

b.

Yard setback. Minimum yard setbacks:

1.

Front: 35 feet along each frontage.

2.

Rear: 40 feet.

3.

Side: 25 feet.

c.

Building spacing. Building spacing shall be as provided in section 111-158(c).

d.

Limited disruption of steep slopes and drainage. The site shall be planned to limit disruption of steep slopes and natural drainage systems.

e.

Multifamily building orientation. Multifamily buildings shall be oriented toward streets, interior drives and improved open spaces, not adjacent properties. A multifamily building may be aligned along a parking area provided it is also oriented toward a street, interior drive or improved open space.

1.

Building entrances shall face and be clearly visible from streets, interior drives or interior open space. This does not apply to entrances to individual dwelling units.

2.

Building entrances shall be accessible from the street, interior drive or open space they face.

f.

Parking.

1.

Off-street parking shall be provided per dwelling unit as follows:

1 bedroom; 1.5 spaces

2 bedrooms; 2 spaces

3 bedrooms; 2.5 spaces

Visitor Parking; 1.5 spaces per five (5) dwelling units

2.

Parking lots shall be located to the side or rear of buildings, and shall not be located closer to a public street than the front building line.

3.

Where provided, common or individual garage parking areas shall be located away from public street views.

4.

When located to the side of buildings and adjacent to a public street, parking areas shall not occupy more than 30 percent of each perimeter public street frontage.

g.

Private drives that provide access from a public street to off-street parking areas shall be designed in accordance with the dimensional standards in this subsection. Where parallel parking is provided, each parking lane shall be a minimum of seven feet measured from face of curb. Trees shall be installed at least two feet from the back of curb.

h.

Open space. At least 20 percent of the site shall be reserved as open space. At least ten percent of the site shall be improved and maintained as open space for the use of the residents and guests. All proposed common open spaces shall be included in the site plan submittal for review by the commission.

i.

Storm management. Stormwater retention or detention facilities shall be governed by applicable section as listed in Chapter 103 Stormwater Management.

j.

Access management. The number and width of vehicular access points along a public street shall be minimized. On corner lots, driveway access shall be located along the street of lesser classification and located as far as practicable from the street intersection.

k.

Service, loading and waste collection. Each development shall be provided with a service area for waste collection. Each such area shall be located behind the front building line and away from public views but shall otherwise be conveniently accessible to vehicles collecting such waste and to residents. The location of such areas shall minimize negative visual, noise, odor and other impacts to adjoining streets, on-site dwellings and adjacent developments. Each such area shall be paved with concrete and shall be screened in accordance with section 111-346.

l.

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 in accordance with section 111-346. The parking area must be paved with concrete.

m.

Storage units. For each dwelling unit, dedicated storage space of at least 280 cubic feet shall be provided.

n.

Fire protection.

1.

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

2.

Every multifamily building shall be accessible to fire trucks as required and approved by the fire department. Provided adequate clearance, such access may be located along an interior drive, within a parking lot or within any open area adjacent to each building. The acceptable distance between buildings and the fire truck access area shall be determined by the fire department based upon building height and design.

3.

No parking spaces shall be located between buildings and fire truck access areas.

o.

Buffer. Buffers shall be provided in accordance with section 111-347.

(2)

Pedestrian access standards. A pedestrian circulation system meeting the following standards shall be provided:

a.

Walkways shall connect the pedestrian circulation system to adjacent public streets. Such walkways shall be in a straight line, except where topography prevents a direct connection or where an indirect route would enhance the design and/or use of a common open space.

b.

If not already provided, a publicly accessible sidewalk of at least five feet in width shall be provided along all public street frontages. The sidewalk shall be located within the right-of-way or within an easement provided for such purposes.

c.

Walkways shall connect the main entrances of all buildings. For buildings fronting on a public street, a public sidewalk may be counted toward this standard. Walkways shall be provided that connect building entrances to parking areas and common areas and facilities.

d.

Walkways shall be provided to connect to any public trails or similar bicycle-pedestrian facilities adjoining the site.

e.

Materials standards for pathways.

1.

Walkways shall be of concrete or masonry pavers and at least five feet wide, except that walkways serving no more than four units may be four feet wide.

2.

Except as provided in subsection (2)e.3 of this section, walkways shall be clearly defined and designed so as to be separated from vehicular use areas through the use of raised curbs, elevation changes, bollards, landscaping, different paving materials, and/or other similar methods. Striping alone does not meet this requirement. If a raised path is used, it must be at least four inches high and the ends of the raised portions must be equipped with curb ramps. Bollard spacing must be no further apart than five feet on center.

3.

Walkways may be within a vehicular drive if the drive provides access to 16 or fewer parking spaces and the entire drive is surfaced with paving blocks, bricks, or other special paving. Trees and other landscaping elements shall be integrated into the design of a shared auto/pedestrian court.

(3)

Open space standards.

a.

All common open spaces and recreational areas must be well maintained in a safe and orderly condition. Open spaces shall be oriented to receive adequate sunlight.

b.

Improved open space shall be consolidated into one or a few central locations to ensure accessibility and usability.

c.

Open space and recreational areas shall be counted toward the ten percent improved open space requirements in subsection (1)h of this section as follows:

1.

Required setback areas shall not count unless they otherwise meet the standards of this subsection (3). Spaces shall be large enough to support leisure and recreational activity; no dimension shall be less than 15 feet.

2.

Children's playground area shall be provided within one or more common open spaces in the amount of 50 square feet per unit. The minimum size of any playground shall be 3,000 square feet. Children's playground areas shall be located so that they are visible from dwelling units and near pedestrian activity. This shall not apply to age-restricted multifamily dwellings.

3.

Covered private balconies, porches, decks, or patios may be used to meet up to 25 percent of the required open space. To qualify, such spaces shall be at least 35 square feet in area with no dimension less than five feet. Such spaces shall not be counted when they are completely inset into the building; they must project at least two feet beyond the wall plane.

(4)

Privacy and security standards.

a.

When a multifamily building is located adjacent to a public street, any stairway shall be enclosed within the building. For street-facing buildings, upper floor units shall be accessed from within the building interior or from an exterior walkway that overlooks an interior courtyard or similar common area. Exterior stairs shall only be permitted for buildings within the interior of the development and not located along a public street.

b.

For privacy, separation shall be provided between windows of ground floor dwelling units and adjacent walkways, parking areas and common open spaces, including:

1.

A horizontal separation of at least ten feet in depth, including a landscaped bed containing at least one row of evergreen shrubs with a mature height of at least three feet; and/or

2.

Vertical separation so that the bottom edge of a window is at least five feet above the grade of the adjacent walkway, parking area or common open space. Developments are encouraged to raise the ground floor of residential buildings at least 30 inches above the sidewalk or parking area to enhance residents' privacy.

(5)

Lighting standards. Lighting should eliminate adverse impacts of light spillover, provide attractive lighting fixtures and layout patterns that contribute to a unified exterior lighting design, and provide exterior lighting for safe vehicular and pedestrian access to and within a development, while minimizing impacts on adjacent properties.

a.

Plan required. Applicants shall submit a lighting plan subject to the requirements herein for commission approval.

b.

Pedestrian lighting. Pedestrian-level, bollard lighting, ground-mounted lighting, or other low, glare controlled fixtures mounted on building or landscape walls shall be used to light walkways.

c.

Lighting height. Light poles and lighting structures shall be no more than 20 feet high.

d.

Building-mounted lighting. Building-mounted lighting shall be limited to accent lighting used to illuminate architectural features and entrances, with a maximum height of 20 feet. Building-mounted lighting shall not be permitted to illuminate parking lots/areas.

e.

Illumination level. Pedestrian areas, driveways, and parking areas shall be illuminated to a minimum average of one footcandle.

f.

Spillover glare. Light fixtures shall use full cut-off lenses or hoods to prevent glare and light spillover onto adjacent properties, buildings, and roadways.

(6)

Architectural standards.

a.

Four-sided design. All building elevations shall reflect consistent design, textures, colors, and features. All walls shall be modulated and fenestrated to provide visual interest.

b.

Building articulation. All buildings shall include the following architectural design features at intervals of no more than 30 feet along all facades facing a street, common open space, and common parking area:

1.

Vertical building articulation. Minimum depth and width of articulation is 36 inches and four feet, respectively, if corresponding with a change in color or building material and/or roofline. Otherwise, minimum depth and width of articulation is ten feet and 15 feet, respectively. Projecting balconies, including those that are partially recessed, may count toward this requirement.

2.

Articulation of the base, middle and top. This typically includes a distinctive design for the portion of the elevation along the foundation and ground floor, consistent articulation of middle floors, and a distinctive roofline.

c.

Accessory structures. Accessory structures shall reflect the same design and finish as the principal buildings.

d.

Roof design.

1.

Multifamily buildings shall have a minimum 4:12 and a maximum 5:12 roof pitch. Alternative roof designs will be considered provided design elements are included to help the building and its roofline fit into the site's context.

2.

All buildings shall incorporate variations in the roofline. The maximum length of any continuous roofline shall be 30 feet. The use, alone, of dormers and/or gables is not sufficient to comply with this requirement.

3.

Eaves shall extend beyond the supporting wall at least 16 inches.

(7)

Building details and materials.

a.

Changes in material. Changes in material should occur at the horizontal divisions between the base, middle and top and on inside corners. Heavier materials such as masonry should be used on the base.

b.

Exterior finishes. Building facades shall incorporate a coordinated color scheme consisting of matte finishes. A coordinated color scheme includes a limited number of complementary colors that are used throughout the development; and in the case of developments with multiple buildings, primary facade colors may alternate from building to building, provided trim colors, materials and/or other design features visually tie together individual buildings. Neutral or earth tone colors are recommended. Gloss finishes may be used for trim and accent. Fluorescent and metallic paints are prohibited.

c.

Windows.

1.

Transparent windows facing the street are required. At least 15 percent of each street-facing facade shall be transparent. All other facades shall have a minimum transparent area of ten percent.

2.

Windows shall be recessed or project at least two inches from the wall plane or window trim shall be used at least four inches in width with color that contrasts with the base building color. Exceptions will be considered where the design includes other distinctive window or facade treatment that adds visual interest to the building.

d.

Preferred building materials. Building exteriors shall be constructed from high quality, durable materials as follows:

1.

Brick or other masonry, including cementitious siding. When used for the facade of any building, concrete blocks shall be split, rock- or ground-faced and shall not exceed three courses or 24 inches above grade of the masonry area of the facade. To add visual interest, the use of specialized textures and/or colors used effectively with other building materials and details are encouraged. Plain concrete block or plain concrete may be used only as foundation material if the foundation material is not revealed more than three feet above finished grade at the foundation wall.

Preferred other acceptable materials: Adhered masonry veneer, anchored masonry veneer, cedar shake shingles, cement boards, copper shingles, fiber cement lap siding, fiber cement panel siding, hardboard siding, marble slabs, porcelain tile, stone cast artificial anchored, stone natural, structural glass, stucco or exterior cement plaster, terra cotta anchored, and wood siding.

2.

Exterior insulated finish system (EIFS) and similar troweled finishes (stucco) shall be trimmed in wood, masonry, or other approved materials and shall be sheltered from extreme weather by roof overhangs or other methods.

3.

Horizontal wood siding. Composite boards manufactured from wood or other products, such as hardboard or plankboard, may be used when the board product is less than six inches wide.

e.

Prohibited materials. The following materials are prohibited in visible locations unless an exception is granted based on the integration of the material into the overall design of the structure:

1.

Plywood siding (including T-111 or similar plywood), except when used as a component in board and batten siding.

2.

Metal/Aluminum siding.

3.

Highly tinted or mirrored glass (except stained glass) as more than ten percent of the building facade.

4.

Corrugated fiberglass.

5.

Chainlink fencing (except for temporary purposes, such as a construction site or as a gate for a refuse enclosure).

6.

Crushed colored rock/crushed tumbled glass.

7.

Noncorrugated and highly reflective sheet metal.

8.

Vinyl siding.

(8)

Landscaping. In addition to any required parking lot landscaping, buffers and screening, landscaping shall include the following:

a.

Foundation planting. All street-facing elevations must have landscaping along any exposed foundation. The landscaped area may be along the outer edge of a porch instead of the foundation. This landscaping requirement does not apply to portions of the building facade that provide access to the building. Foundation landscaping shall meet the following standards:

1.

The landscaped area shall be at least three feet wide.

2.

There shall be at least one three-gallon shrub for every three lineal feet of foundation.

3.

Groundcover plants shall fully cover the remainder of the landscaped area.

b.

Landscaping techniques include the following:

1.

Existing trees and native vegetation should be preserved whenever possible.

2.

Use plants that require low amounts of water, including native drought-resistant species.

3.

Use of low-impact development techniques, including pervious pavement, swales, and rain gardens, to manage stormwater in parking lots.

4.

Locate trees along street frontages at appropriate spacing so that, at maturity, residential entrances are clearly visible from the street and sidewalk.

5.

Plant a mix of evergreen and deciduous plants to maintain year-round color and interest

6.

Shrubs, grasses and other non-tree vegetation, as appropriate.

c.

An irrigation method shall be included in the landscaping plan. Irrigation shall be required immediately after planting and May through October thereafter or as recommended by a landscape professional. Developers should consider installing underground irrigation systems whenever possible to avoid drought loss.

(9)

Additional standards.

a.

Traffic impact study and plan. A traffic impact study and plan, prepared by a traffic engineer, shall be furnished together with the site plan. The study shall be prepared in accordance with generally accepted standards for traffic studies. The traffic study shall show, in detail reasonably satisfactory to the building official, the effect that the proposed development will have on the area adjacent to and near the site. The study shall make recommendations with respect to what additional traffic signals or devices will be needed adjacent to or near the site because of the proposed development. The developer shall be required to pay the cost of any such signals and/or devices, if the building official considers them necessary.

b.

Drainage study and plan. For each development, a drainage study and plan shall be furnished as part of the site plan. Such study shall be prepared by a professional engineer. The plan shall be based on properly conducted studies and must show, in detail reasonably satisfactory to the building official, the effect that the proposed development will have on the site and the land adjacent to and near the site. The plan shall include drainage, grading, excavation, topography, erosion and sedimentation, stormwater detention and floodplain management controls. The plan shall provide for such structures and devices as may be required to handle a 100-year rain event, 24-hour storm. Neither the drainage plan, nor the recommendations therein, shall serve as a substitute for any other regulations with respect to drainage as provided for by the ordinances or regulations of the city.

c.

Additional requirements. The commission and/or the building official shall have the right to impose additional requirements they deem necessary to protect the health, safety and welfare of the residents of the multifamily residential development and neighboring residents.

d.

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)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Articulation, articulated means changes in the depth along the building facade, such as attached columns, wall recesses, horizontal banding, cornices, etc., to provide depth and variety to the facade.

Fenestration, fenestrated means the pattern of window and door openings on a facade.

Low impact development (LID) means a site planning and engineering design approach to managing stormwater runoff that emphasizes conservation and use of natural features, infiltration, and on-site storage and treatment involving landscape elements integrated into the design of the site. This approach uses engineered small-scale hydrologic controls to replicate predevelopment hydrology through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

Open space, improved, means open space that has been created or modified by man, including, but not limited to, parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces.

Pervious pavement means paving materials that allow water to penetrate into the ground below, including concrete paving blocks, concrete grid pavers, perforated brick pavers and similar paving materials. This shall not include compacted gravel.

Rain garden means a planted depression or hole that allows stormwater runoff from impervious surfaces to be absorbed into the ground.

Swale means an open, grassed or vegetated channel used to partially treat stormwater, attenuate flooding potential and convey stormwater.

(Ord. No. 2013-02, § 8.15, 3-4-2013; Ord. No. 2014-009, § 1, 6-2-2014; Ord. No. 2020-001, §§ 3—8, 3-2-2020)

Bed and breakfasts may be permitted subject to conditional use approval and the following standards in the A-1, E-1, R-1, and R-2 districts only:

(1)

Conformance.

a.

The establishment of a bed and breakfast shall not result in a site or structure that would be nonconforming under section 111-123. A bed and breakfast shall not be permitted if the lot or structure is nonconforming under the terms of this chapter or the city building code.

b.

The establishment shall be located in the principal dwelling only.

c.

The establishment and premises shall meet all current federal, state and local guidelines related to the disabled.

d.

The establishment must be a member of the Bed and Breakfast Association of Alabama.

(2)

Exterior appearance.

a.

The exterior of the bed and breakfast shall maintain its single-family dwelling character.

b.

Commercial vehicle traffic to and from the facility for services, such as laundry, food delivery and refuse collection shall not exceed that customarily associated with a single-family detached dwelling.

c.

On-site features (such as swimming pools, outdoor seating areas, outdoor dining areas, or parking) used specifically for operation of the bed and breakfast shall be screened from public view to minimize adverse impact on adjacent properties used for residences.

d.

All on-site lighting shall reflect downward and away from adjoining property and streets.

(3)

Operations.

a.

There shall be no more than five guest rooms in any bed and breakfast.

b.

The maximum rental term allowed for any one guest shall be seven days within any six-month period.

c.

Each establishment shall maintain an accurate record of each guest and the duration of the guest's stay. Such records may be requested and reviewed by the city upon notice.

d.

The establishment shall not include any separate eating establishment; however, a continental breakfast and light fare may be provided for resident guests.

e.

No cooking or cooking facilities shall be permitted in guest rooms.

f.

The establishment shall not permit receptions, business meetings, private parties, seminars, dances or tours or other similar events or activities unless expressly approved as part of the conditional use approval, which may be contingent on a minimum lot size of one acre, increased buffers and other conditions the commission may require to mitigate incompatibility of such activities with residential surroundings.

g.

Alcoholic beverages shall not be sold on-premises but may be pre-purchased with reservations in accordance with all applicable laws. However, in no case shall liquor be sold or offered on-premises or pre-purchased with reservations.

(4)

Parking.

a.

Recreational vehicles, trailer homes, campers and utility trucks exceeding seven feet in height, seven feet in width, or 20 feet in length may not be parked by guests on the premises, street or other public right-of-way.

b.

Guest parking shall not be stacked on site. Guest parking shall have free access and circulation without being blocked by other vehicles on the site.

c.

The owner shall install and maintain any traffic control devices that may be required as part of the conditional use approval. Said devices shall conform to specifications related to development on private property in the currently adopted manual of uniform traffic control devices (MUTCD) and the uniform vehicle code (UVC).

(5)

Signs. One non-illuminated sign not exceeding three square feet in area may be attached to and parallel with the front porch or front facade.

(6)

Submission requirements.

a.

A survey of the property, certified by a surveyor or engineer, shall be submitted, which shall include landscaping, existing and proposed buildings and accessory structures, drainage flow, parking areas and parking spaces and driveways, and required screening.

b.

A copy of the county health department permit for septic tank approval shall be provided. When on sewer, county approval of such shall be provided.

c.

The owner shall provide a complete floor plan of the building to include all guest rooms, bathrooms, etc., and indicating the number of electrical meters serving the structure.

d.

Any changes in the approved site plan shall be submitted to the commission for review and approval prior to issuance of the business license.

(7)

Permits/inspections/licenses.

a.

Inspections by the building official and the fire department are required; and a business license shall be obtained before operating a bed and breakfast.

b.

The business license and health department food permit shall be displayed in a conspicuous place within the establishment at all times. A copy of the food permit shall be furnished to the building official before issuance of a business license.

(8)

Expiration. Conditional use approval shall expire:

a.

One year from the date of approval of the conditional use if the bed and breakfast has not begun operation;

b.

One year from the date the use was terminated;

c.

Upon failure to renew the business license; or

d.

At any time the use does not comply with any of the conditions of approval or the terms of this chapter.

(Ord. No. 2013-02, § 8.16, 3-4-2013)

Boardinghouses may be permitted subject to conditional use approval and the following standards in the A-1, E-1, R-1, and R-2 districts only:

(1)

Conformance.

a.

The maximum number of occupants, including residents and boarders, on any one property shall be in accordance with section 111-121, along with any applicable city building code limitations or sanitation restrictions.

b.

Boarding rooms shall be located in the principal dwelling only.

c.

The establishment of a boardinghouse shall not result in a site or structure that would be nonconforming under section 111-123. A boardinghouse shall not be permitted if the lot or structure is nonconforming under the terms of this chapter or the city building code.

d.

There shall be no more than one boardinghouse per individual tract, parcel or platted lot.

e.

There shall be at least one fully equipped bathroom on each floor where there are boarding rooms. Further, there shall be at least one such bathroom for each five residents. Such bathrooms shall be accessible from a common hallway.

f.

The structure and premises shall meet all current federal, state and local guidelines related to the disabled.

(2)

Exterior appearance.

a.

The exterior of the dwelling shall maintain its single-family dwelling character.

b.

On-site features (such as swimming pools, outdoor seating areas, outdoor dining areas, or parking) used by boarders shall be screened to minimize adverse impact on adjacent residential properties.

c.

Any outside lighting shall be directed away from adjacent residential properties.

(3)

Operations.

a.

Boarders shall execute a lease before occupancy, and such records shall be made available to the city upon request.

b.

No cooking or cooking facilities shall be permitted in boarders' rooms.

c.

These boarding rooms shall not be fully contained dwelling units and shall have no separate electric power meters.

d.

The owner shall be responsible for the sanitary maintenance of the entire structure and premises.

(4)

Parking.

a.

Parking shall not be stacked on site. There shall be free access and circulation without vehicles being blocked.

b.

The owner shall install and maintain any traffic control devices that may be required as part of the conditional use approval. Said devices shall conform to specifications related to development on private property in the currently adopted manual of uniform traffic control devices (MUTCD) and the uniform vehicle code (UVC).

(5)

Signs. One non-illuminated sign not exceeding three square feet in area may be attached to and parallel with the front porch or facade.

(6)

Submission requirements.

a.

A survey of the property, certified by a surveyor or engineer, shall be submitted, which shall include landscaping, existing and proposed buildings and accessory structures, drainage flow, parking areas and parking spaces and driveways, and required screening.

b.

A copy of the county health department permit for septic tank approval shall be provided. When on sewer, county approval of such shall be provided.

c.

The owner shall provide a complete floor plan of the building to include all boarding rooms, bathrooms, etc., and indicating the number of electrical meters serving the structure.

d.

Any changes in the approved site plan shall be submitted to the commission for review and approval prior to issuance of the business license.

(7)

Permits/inspections/licenses.

a.

Inspections by the building official and the fire department shall be required; and a business license shall be obtained before operating a boardinghouse establishment.

b.

The business license and health department food permit shall be displayed in a conspicuous place within the establishment at all times. A copy of the health department food permit shall be furnished to the building official before issuance of a business license.

(8)

Expiration. Conditional use approval shall expire:

a.

One year from the date of approval of the conditional use if the boardinghouse has not been established;

b.

One year from the date the use was terminated;

c.

Upon failure to renew the business license; or

d.

At any time the use does not comply with any of the conditions of approval or the terms of this chapter.

(Ord. No. 2013-02, § 8.17, 3-4-2013)

(a)

Purpose. The purpose of this section is to:

(1)

Allow secondary, subordinate dwelling units in certain single-family residential districts, while respecting and protecting the family character of the residential neighborhood by ensuring that accessory dwelling units, hereinafter "ADUs," are established under the strict standards and conditions of this section.

(2)

Provide a means for residents to remain in their homes and neighborhoods and obtain extra income, security, companionship and services.

(3)

Provide a broader range of accessible and more affordable housing within the city.

(4)

Allow housing units in certain single-family neighborhoods, which are appropriate for people at a variety of stages in life, and to provide a mix of housing that responds to changing family needs and smaller households.

(b)

Applicability.

(1)

Subject to conditional use approval, ADUs may be established in the E-1, R-1, and R-2 districts and in the RG district for lots over 15,000 square feet in area and provided all other conditions of this section are met, subject to conditional use approval.

(2)

This section does not attempt to identify or enforce subdivision restrictive covenants that may prohibit the construction of more than one dwelling on a lot, along with similar restrictions of plats, deeds or private contracts.

(3)

It shall be the builder's and/or property owner's responsibility (and not the city) to obtain a letter from a title insurance company stating that the property is not subject to any such restrictive covenants or other deed restrictions or, if it is, that said covenants or restrictions have been removed from the property. Said clearance letter shall be to the satisfaction of the commission. Said documentation shall be provided before consideration may be given to the conditional use request.

(c)

General standards.

(1)

An ADU shall conform to all applicable requirements of the city building code, the Americans with Disabilities Act, and the regulations of this section. Note: The city building code prohibits the human occupancy of any accessory structures not constructed to the minimum standards required of dwellings and, therefore, accessory structures are neither suitable nor safe as living quarters unless constructed or improved to meet such standards.

(2)

An ADU may be added to or included within the principal dwelling, or located in a detached structure. However, any addition or detached structure shall meet the setback requirements applicable to the principal dwelling. A detached ADU shall be separated from the principal dwelling by no less than 15 feet.

(3)

A detached ADU shall be located in the rear yard only and shall be located on the same lot or parcel as the principal dwelling.

(4)

No more than one principal dwelling and one ADU shall be permitted on any lot or parcel.

(5)

An ADU shall meet all applicable health department standards for water and sewage disposal, including payment of impact fees.

(6)

The maximum number of occupants allowed to reside on any one property shall be in accordance with section 111-121, the city building code and any sanitation restrictions.

(7)

An approved, detached ADU shall only be constructed after, or concurrently with, the principal dwelling. In no case shall an ADU be occupied prior to the primary dwelling.

(8)

Manufactured homes and recreational vehicles shall not be permitted as ADUs.

(9)

An ADU shall not have a separate address or separate utilities.

(d)

Occupancy. Either the principal dwelling or the ADU shall be occupied by an immediate family member of the property owner. For the purposes of this section, the term "owner occupancy" shall be defined as a property owner, as reflected in title records, legally residing at the site, as evidenced by voter registration, vehicle registration or similar means, more than six months out of any given year. For the purposes of this section, the term "immediate family member of the property owner" shall be limited to the owner's spouse, parents, siblings or children.

(e)

Application for conditional use approval of an ADU.

(1)

Only the legal owner may apply for conditional use approval, which shall be done in accordance with section 111-91. If the owner chooses to have an agent act in his behalf, the owner shall provide, as part of the application, a letter signed by all owners stating they understand and agree to all conditions of this section.

(2)

The application shall include a separate affidavit signed by the property owner affirming that the owner or an immediate family member of the property owner, as defined hereinabove, will occupy the principal dwelling or accessory dwelling unit for more than six months out of any given year.

(3)

A survey of the property, certified by a surveyor or engineer, shall be submitted as part of the conditional use application. This survey shall indicate landscaping, location of existing and proposed buildings and accessory structures, drainage flow, parking areas and parking spaces and driveways, and required screening.

(4)

The application shall include a letter of clearance from a title insurance company, as described in section 111-255.

(5)

Regardless of who may reside in the ADU, the certificate of occupancy for it shall be issued to the residing property owner before it may be occupied.

(f)

Design.

(1)

Architectural design details shall be furnished as part of the conditional use approval.

(2)

The architectural design of the principal dwelling should be incorporated into the design of the ADU, with matching materials, colors, window style and roof design. If an addition extends beyond the current footprint or existing height of the principal dwelling, such addition must be consistent with the existing design. The ADU shall be designed so that the appearance of the building remains that of a single-family dwelling.

(3)

Attached ADUs shall have only one entrance on each front or street side of the residence, unless there were additional entrances before the ADU was created.

(4)

An ADU cannot exceed 50 percent of the livable floor area (excluding garages, open porches and the like) of the principal dwelling, or 900 square feet, whichever is smaller (excluding any single-car garage attached to the ADU). If, in the opinion of the commission, strict adherence to this requirement would be impractical or uneconomical (as in the case of a basement or upper floor that may exceed the maximum), the commission may allow increased size as long as the ADU remains subordinate to the principal dwelling and all other standards set forth in this section are met.

(5)

Parking shall be located to the rear of the principal dwelling only.

(g)

Recording requirements. Approval of the ADU shall be subject to the owner recording a deed restriction with the probate office, to run with the land, which provides notice that the existence of the ADU is predicated upon the occupancy of either the ADU or the principal dwelling by the owner or an immediate family member of the owner; and which provides that any prospective buyer is made aware of the limitations of this section, and which further provides for the removal of the ADU and the restoration of the premises to a single-family dwelling if any of the conditions of approval are violated. A copy of the recorded document shall be provided to the inspection services department before a certificate of occupancy for the ADU is issued. This document shall not be changed without approval of the building official.

(h)

Division of property. ADUs shall not be subdivided in ownership from the principal dwelling nor separated from the parcel on which the principal dwelling is located.

(i)

Permits; inspections; licenses.

(1)

City permits and licenses shall be secured prior to any construction related to a proposed ADU; and construction shall be completed prior to issuance of the certificate of occupancy for the ADU.

(2)

The ADU shall not be used for the conduct of business except as may be provided by conditional use approval of a home occupation under section 111-248.

(j)

Enforcement. The city retains the right, with reasonable notice, to inspect the ADU for compliance with the provisions of this chapter.

(k)

Elimination; revocation.

(1)

Elimination of an ADU may be accomplished by the owner recording a certificate of same with the probate office, with copy of said notification to be provided to the inspection services department.

(2)

Revocation. Conditional use approval for the ADU may be rescinded at any time for failure to comply with any applicable regulations and ordinances.

(Ord. No. 2013-02, § 8.18, 3-4-2013)

Business office for building contractors including minor fabrication may be approved by the building official in the following situations only and shall be subject to all appropriate permits and licenses required by the city. Uses not meeting all the restrictions herein may only be approved as a conditional use by the commission (section 111-91).

(1)

Application, review and approval.

a.

Application shall be made in writing by letter to the building official, providing complete details and scale of the subject business and any development plans for the property (including, but not limited to, the size and location of office and fabrication areas; parking; storage; fencing, buffers, screening; and name, address, and phone number of property owner and owner of business, if different).

b.

Notwithstanding the standards otherwise outlined herein and to ensure the protection of surrounding areas, the building official, at his discretion and for any reason, may refer an application to the commission as a conditional use request.

c.

Any restrictions deemed necessary and imposed as part of the building official's approval shall be fully complied with before issuance of a business license. Failure to follow these procedures or adhere to the restrictions herein may result in immediate revocation of the business license.

d.

When granted, administrative approval shall apply provided there is no change of use or increase in size/scale other than as originally approved, and all conditions of the approval are met. If there is a change in the principal use, or if the fabrication activity grows in size/scale, or further development is proposed on the premises, the approval must be re-evaluated, and a new application must be submitted so that the building official may determine if additional restrictions are necessary or if the request must be presented to the commission as a conditional use.

e.

Administrative approval shall not include site development approval. Any new development or any change, alteration, or enlargement to an existing structure must meet all regulations pertaining to that process.

f.

Appeals to such decision of the building official must present this request to the commission as a conditional use, and may, if denied, subsequently appeal to the ZBA.

(2)

Development standards.

a.

Minor fabrication shall be limited to building trades, such as general contractors, painting contractors, plumbing, heating and air, and electrical contractors. Minor fabrication activities shall be incidental and subordinate to the primary, permanent business office use, and continuance of the minor fabrication approval shall be contingent upon continuance of the business office on the same premises.

b.

All approved fabrication activities shall be performed in an enclosed building, and all materials shall be stored in an enclosed building.

c.

The building official may require fencing or buffers or may place other restrictions as deemed necessary for the protection of adjoining properties.

d.

Not more than three vehicles normally used in the performance of the business shall be parked on the property. Parking of vehicles associated with the business, other than standard size passenger vehicles, shall not be located to the rear of the premises; and such vehicles shall not be maintained or repaired on the premises. All areas used for such vehicles shall be paved.

e.

Fabrication shall not include activities that create noise, dust, vibration or fumes, unless it is determined by the building official that these effects will be minimal and will not affect adjoining properties.

f.

There shall be no storage of volatile, toxic or explosive materials, whether inside the structures or outside.

g.

The premises shall be kept in a clean and orderly condition at all times.

h.

Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m.

(Ord. No. 2013-02, § 8.19, 3-4-2013)

(a)

Intent. It is the intent of this section to:

(1)

Provide flexibility to achieve the most effective development on lands constrained by natural hazards or environmental regulations, which may limit the amount or type of development;

(2)

Enhance quality of life by promoting the creation of accessible green space;

(3)

Protect sensitive, environmental land features to protect the health and safety of residents and neighboring property owners;

(4)

Reduce erosion, sedimentation, land disturbance, and removal of vegetation;

(5)

Promote construction of convenient walking trails, bike paths, and greenways within new developments that are connected to adjacent neighborhoods and activity centers to increase accessibility for pedestrians and bicyclists; and

(6)

Reduce perceived density by providing access to and views of open space.

(b)

Applicability. The conservation development option is permitted for detached single-family and duplex development on sites of at least five acres and otherwise in accordance with the district regulations. The applicant shall comply with all other provisions of this chapter and all other applicable regulations, except those incompatible with the provisions herein.

(c)

Ownership of development site. If held in multiple ownership, the site shall be developed according to a single plan with common authority and common maintenance responsibility as approved by the city attorney.

(d)

Density determination. The maximum number of lots shall be determined by dividing the total area of the proposed subdivision by the most restrictive of the following: minimum lot size of the applicable district or by regulations as determined by city and/or county health department standards for septic tanks, or by any regulations applicable to the site that may limit its development density. In making this calculation, the following shall not be included in the total area of the parcel:

(1)

Bodies of open water over 5,000 square feet of contiguous area; and

(2)

Wetlands, as defined by the Army Corps of Engineers pursuant to the Clean Water Act.

(e)

Application requirements.

(1)

Site analysis map. Concurrent with the submission of a preliminary plat or site plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements herein. The plan shall include the following:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands, flood hazard boundaries, and other hydrologic features;

c.

All boundaries of applicable regulated buffer areas, easements, and ROWs;

d.

Topography at five feet or smaller intervals;

e.

All primary and secondary conservation areas labeled by type, as described in subsection (f) of this section;

f.

General vegetation characteristics;

g.

General soil types;

h.

Planned location of protected open space;

i.

Existing roads and structures; and

j.

Potential connections with existing greenspace and trails.

(2)

Conservation development plan. The developer shall prepare a conservation subdivision plan, which yields no more lots than identified under subsection (d) of this section. The conservation development plan may include lots that do not meet the size and setback requirements of the applicable district. The conservation development plan shall identify all open spaces to be protected and include an open space management plan pursuant to subsection (f) of this section. The conservation development plan shall be submitted, in full, prior to the issuance of a grading permit.

(3)

Instrument of permanent protection. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in subsection (g) of this section, shall be placed on the open space at the time of issuance of a grading permit.

(4)

Other requirements. The applicant shall adhere to all other applicable requirements of the zoning district and the subdivision regulations.

(f)

Open space management plan. For the purposes of conservation developments, the term "open space" is defined as the portion of the conservation development that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of a legal instrument approved by the city attorney. Such open spaces shall be in accordance with the following:

(1)

The minimum restricted open space shall comprise at least 25 percent of the gross tract area.

(2)

The following are considered primary conservation areas and shall be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of the conservation development:

a.

The 100-year floodplain;

b.

Riparian zones of at least 75 feet in width along all perennial and intermittent streams;

c.

Slopes above 25 percent of at least 10,000 square feet contiguous area;

d.

Wetlands, as defined by the Army Corps of Engineers pursuant to the Clean Water Act;

e.

Existing trails that connect the site to neighboring areas; and

f.

Archaeological sites, cemeteries and burial grounds.

(3)

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible:

a.

Important historic sites;

b.

Existing healthy, native forests of at least one acre contiguous area;

c.

Individual existing healthy trees greater than eight inches caliper; and

d.

Other significant natural features and scenic viewsheds, particularly those that can be seen from public roads.

(4)

Utility ROWs and small areas of impervious surface may be included within the protected open space but shall not be counted towards the minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

(5)

At least 33 percent of the open space shall be suitable for passive recreational use.

(6)

At least 75 percent of the open space shall be in a contiguous tract, which may be divided by a local street whose area shall be excluded from the open space. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

(7)

The open space shall be directly accessible to the largest practicable number of lots and/or buildings within the site. Non-abutting lots shall be provided with safe, convenient access to the open space.

(8)

Open spaces may contain the following:

a.

Conservation of natural, archeological or historical resources.

b.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.

c.

Walking or bicycle trails constructed of porous paving materials.

d.

Passive recreation areas, such as open fields.

e.

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit shall be located outside of the protected open space.

f.

Landscaped stormwater management facilities, community and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities shall be located outside of primary conservation areas.

g.

Easements for drainage, access, and underground utility lines.

h.

Other conservation-oriented uses compatible with the purposes of this section.

(9)

Open spaces may not contain the following:

a.

Golf courses;

b.

Roads, parking lots and similar impervious surfaces, except as specifically authorized in the previous subsections;

c.

Agricultural and forestry activities not conducted according to accepted best management practices;

d.

Impoundments; and

e.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

(10)

All common open spaces shall be subject to section 111-207.

(g)

Legal instrument for protection of open space. The open space shall be protected in perpetuity by a binding legal instrument recorded with the deed. The instrument for permanent protection shall include clear restrictions on use of the open space, including all restrictions contained in this section, and any restrictions the applicant chooses to place on the open space. The instrument shall be one of the following:

(1)

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

b.

A governmental entity with an interest in pursuing goals compatible with the purposes of this section, and if the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement.

(2)

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

(3)

An equivalent legal tool that provides permanent protection, as approved by the city attorney.

(h)

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, the county tax assessor shall be requested to reassess the open space at a lower value to reflect its more limited use.

(Ord. No. 2013-02, § 8.20, 3-4-2013)

Because of their very nature, alternative financial services, including, but not limited to, collateral loan/exchange, payday loan, title loan/pawn businesses, pawn shops and check-cashing establishments, are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses shall be permitted within 1,000 feet of each other, as measured between the nearest property lines. Nor shall any such use be located closer than 500 feet to the nearest boundary of any residential district, as measured from the nearest lot line of the property on which the use is contemplated.

(Ord. No. 2013-02, § 8.21, 3-4-2013)

(a)

Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates a different meaning:

(1)

Enterprise shall mean any corporation, association, firm, partnership, LLC, or other legal entity.

(2)

Managing agency or rental agent shall mean a person, operator, enterprise, or agency representing the owner of a short-term rental unit, or a person, enterprise or agency owning more than one short-term rental unit.

(3)

Operator shall mean a person or enterprise who is owner or proprietor of a short-term rental unit, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, managing agency, rental agent, or any other capacity, and who desires to rent a short-term rental unit on such property to a transient. Where the operator performs his or her functions through a managing agency of any type or character or through a rental agent, the managing agency or rental agent has the same duties as the operator. In order to be eligible to be an operator hereunder, a person or enterprise desiring to operate a short-term rental must be the owner or proprietor of the property on which the short-term rental will occur or be designed in writing by the owner as the agent for the owner of the property.

(4)

Person shall mean any individual or a group of individuals, enterprise, managing agency, rental agent, operator, or any entity.

(5)

Remuneration shall mean compensation, money, or other consideration given in return for occupancy, possession, or use of real property.

(6)

Rent shall mean the consideration or remuneration charged (regardless of actual receipt) in money, goods, labor, or otherwise, including all receipts, cash, credits, property or services of any kind for the occupancy or possession of space in a short-term rental unit.

(7)

Rental shall mean an arrangement between a transient and an operator whereby rent is received in exchange for the right to possess a short-term rental unit.

(8)

Short-term rental shall mean the rental of any short-term rental unit or any part thereof to a transient for overnight occupancy for a period less than 30 consecutive calendar days, counting portions of calendar days as full days.

(9)

Short-term rental unit shall mean any building, structure, or portion thereof which is used for short-term rentals. The term "short-term rental unit" shall not include (1) a structure which is located in a zoning district within which short-term rentals are not permitted under the Zoning Ordinance of Gardendale, Alabama unless otherwise permitted by the provisions of this section or (2) hotels, motels, boarding houses, or rooming houses.

(10)

Short-term rental hosting platform is defined as any marketplace that facilitates short-term rentals, through advertising, match-making or other means, from which the platform derives revenues, including booking fees or advertising revenues, from or maintaining the marketplace.

(11)

Transient shall mean those persons (whether one or more) who reside, possess, or inhabit short-term rental unit as defined by this section for a period of less than 30 consecutive calendar days, counting portions of calendar days as full days.

(b)

Short-term rentals of short-term rental units—Generally. It shall be unlawful for a person to rent a short-term rental unit to a transient without complying with the provisions of this section. The provisions of this section shall not supersede the prohibition of short-term rentals by a homeowner's association, by a controlling entity, or by other covenants agreed upon by the owner of a property.

(c)

Allowed rentals. Short-term rentals as defined by this section are allowed within the city limits of Gardendale, Alabama subject to the provisions of this section.

(d)

Prohibited rentals. It shall be unlawful for any person to rent or possess to rent for any type of remuneration a short-term rental unit that is not located within a zoning district within which short-term rentals are permitted under the Zoning Ordinance of Gardendale, Alabama, as the same may be amended from time to time or that is not in compliance with section (g) hereof.

(e)

Annual permit and business license and lodging taxes required for all short-term rentals. An annual short-term rental permit and business license shall be issued by the appropriate city department to any such operator complying with the provisions of this section.

An operator shall be required to obtain a short-term rental permit for each property on which short-term rentals will occur. An operator shall be required to obtain a business license for each short-term rental location within the city. An operator is responsible for collection and remitting all taxes, including, but not limited to, lodging taxes, as provided in section (j) taxes.

(1)

Short-term rental permit.

a.

Generally; duration and expiration of permit. The inspection services department shall be responsible for the issuance of short-term rental permits. Each short-term rental permit will begin on the date of issuance and expire on December 31st of each year. No permit holder shall transfer the right to operate under any permit issued under this section to any other person or entity by lease, agreement, contract or any other agreement. No permit issued under this section may be operated or shall have any legal effect at any location other than those for which it is issued.

b.

Permit fee. Except as provided herein, each short-term rental permit application shall be accompanied by a nonrefundable fee of $150.00 to help defray the city's cost of processing and reviewing the application.

c.

Permit requirements. Applications for a short-term rental permit shall be on a form prepared by the inspection services department and shall include a minimum of the following:

1.

Name of the operator of the property to be utilized for short-term rental purposes and contact information therefor, including the owner's cell phone number and email address if the operator is a lessee in possession of the property;

2.

Physical address of the property to be utilized by the operator for short-term rental purposes;

3.

Name of the emergency contact for the operator of the short-term residential rental property who is able to respond on premises to complaints at any time during the day or night when the property is occupied by a Transient, including the emergency contact's primary physical mailing address, cell phone number, and email address;

4.

Sworn statement acknowledging receipt of this section and that each of the following is true and accurate:

i.

Short-term rental unit has code compliant smoke detectors and carbon monoxide alarms installed, as required by the most currently adopted and applicable International Fire Code and International Building Code and as otherwise determined as necessary by the fire marshal and/or department of planning and community development representative.

ii.

The short-term rental unit has posted emergency contact information and diagram/floor plan indicating fire exits and escape routes displayed in a prominent location within the short-term rental unit.

iii.

The short-term rental unit contains a sprinkler system for fire suppression throughout and above the cooktop or stove area.

iv.

The short-term rental unit is in compliance with applicable provisions of the city's minimum property maintenance, building, electrical, mechanical and plumbing codes.

v.

The property on which the short-term rental unit sits is in compliance with all the standards and requirements under the zoning ordinance.

vi.

The operator has made best efforts to notify the properties immediately adjacent to the desired short-term rental of the application.

vii.

The operator's signed acknowledgement that he/she has reviewed this chapter and understands its requirements.

viii.

The property has no outstanding taxes or municipal code violations present thereon.

5.

A list of short-term rental hosting platform(s) that will be used by the Operator to advertise or solicit the property for use as a short-term rental; and

6.

Such other information as deemed necessary by the building official of inspection services department, or their designees.

d.

Documents required for permit process. The following documentation shall be provided by an applicant along with the short-term rental permit application:

1.

A copy of the applicant's driver's license or government issued identification.

2.

A copy of the deed evidencing ownership of the property on which the short-term rental unit sits or a copy of the legal instrument through which the applicant claims the right to possess the property as an operator.

3.

A list of the short-term rental platform(s) that will be utilized to advertise or solicit the property for use as a short-term rental.

4.

A survey of the property illustrating the number and location of parking spaces allotted to the premises.

5.

A floorplan of the building illustrating the bedrooms that will be utilized for short-term rental occupants.

6.

A certificate of insurance evidencing current, valid liability insurance either showing:

i.

A rider on a homeowner's policy that expressly covers short-term rentals and provides a minimum of $1,000,000.00 liability and personal injury coverage; and/or

ii.

A commercial insurance policy covering short-term rentals at the permitted address that provides a minimum of $1,000,000.00 of liability and personal injury coverage. Said insurance shall indicate the policy shall not terminate or be cancelled prior to completion of the then current permit period without a 30-day written notice to the city sent in writing to the City of Gardendale, Alabama, Attn: Building Official, Inspection Services Dept. 925 Main Street - P. O. Box 889, Gardendale, Alabama 35071.

e.

Permit issuance. Upon submission of the information required herein and the requested documents and the review and approval thereof, the building official of inspection services department or his/her designee shall issue an annual short-term rental permit. Review of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of this section or federal or state law related to the operation of a short-term rental, or otherwise fails to demonstrate the ability to comply with local, state or federal law through the operation of the proposed short-term rental.

1.

Short-term rental permit requirements. A short-term rental permit issued by the city shall contain at least the following information:

i.

The address of the short-term rental property;

ii.

The permit holder's name;

iii.

The operator's contact information, including name, cell phone, and email, for complaints by guests and/or neighbors who shall be available at any time to respond to on-premises complaints concerning the short-term rental;

iv.

Dates of permit duration and expiration; and

v.

Any other information deemed necessary by the building official of the inspection services department.

f.

Continual compliance with requirements of section required; fraud, misrepresentation, and/or false statement in short-term rental application. All requirements set forth in this section herein shall be continuously maintained by an operator of a short-term rental property for the duration of any permit period. Furthermore, any fraud, misrepresentation, or false statements contained in the attestations, required documentation, or correlating application materials shall be grounds for immediate suspension and/or revocation of a short-term rental permit by the city council.

(2)

Business license. Any operator or other person engaged in the business of operating a short-term rental within the city shall pay for and take out a business license with the city in such manner and in such sums as provided in. An operator is responsible for collection and remitting all taxes, including, but not limited to, lodging taxes, as provided in section (j) taxes.

(f)

Limited occupancy; parking restrictions. No short-term rental unit shall exceed the maximum guest occupancy of two persons per bedroom or such other occupancy number as determined by the fire marshal. Subject to the limitations of parking availability within the subject property, one parking space per bedroom is required at each short-term rental unit for use by transients. transients must park all vehicles within designated parking areas of a short-term rental property. Overnight street parking by transients is strictly prohibited.

(g)

Suspension and revocation of short-term rental permit.

(1)

If three valid and substantiated complaints are received by city police within a 12-month period concerning a short-term rental property, then the Operator's short-term rental permit for that property shall be suspended by the Inspection Services Department for a period of no less than six months.

(2)

If an Operator has his/her short-term rental permit suspended for a second time within two consecutive years, then suspension of such short-term rental permit for the second consecutive year shall be for a period of no less than 12 months.

(3)

If an operator has his/her short-term rental permit suspended for a third time within three consecutive years, the short-term rental permit shall be revoked permanently.

(4)

An operator may appeal the suspension or revocation of a short-term rental permit to the city council by serving written notice of appeal to the city clerk within seven days of the suspension or revocation. The appeal will be heard no later than 30 days following such appeal at the next regularly scheduled city council meeting.

(h)

Violation; penalties; process.

(1)

Any person that has violated or continues to violate this section shall be guilty of a violation. Each act of violation and/or each day upon which any violation shall occur and/or continue to exist shall constitute a separate offense punishable as described herein.

(2)

Upon the determination of the building official of the city or his designee that a violation of this section exists, a written notice of violation shall be issued to all persons in violation of this section or any one of them. Such notice shall be issued by first class mail or hand delivery. Service shall be deemed effectuated by first class mail on the third day following the date of mailing or upon hand delivery. The notice shall (a) identify the violation, (b) include a correction order specifying the action required to comply with the provisions of this section, and (c) include a specified time within which to comply. If a violation is not sufficiently corrected in the opinion of the building official of inspection Services Department or his/her designee within the specified period of time contained in the notice, then a citation and/or notice to appear may be issued by a building official or other enforcement officer directing all Persons or any one or more of them to appear in the municipal court at a time and date stated therein to answer to such violation(s). The defendant(s) shall have all rights secured to persons charged in the city with violations generally. If a defendant is found guilty by the municipal court, the court may impose a fine or imprisonment or both in accordance with the provisions of section 1-8 of this Code.

(i)

Other remedies. A violation of any portion of this section constitutes a public nuisance per se. The city, as an additional or alternate remedy, may institute equitable or injunctive proceedings in a court of competent jurisdiction to abate uses prohibited by this section. Nothing in this section shall limit the city from enforcement of its code, state or federal law by any other legal remedy available to the city. Nothing in this section shall be construed to limit or supplant the power of any city inspector, official or other duly empowered officer under the city's ordinances, rules and regulations and the authority granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings.

(j)

Taxes. Short-term rentals are subject to applicable state and local taxes and Operators thereof are responsible for payment any and all applicable taxes as established by state law and the city code, including, but not limited to, lodging taxes.

(Ord. No. 2023-004, § 5, 6-5-2023)