The purpose of this section is to establish basic standards for the development of accessory residential units to provide a semi-independent living environment for family members who require special care and support from the primary household. Such a unit would provide greater privacy and personal freedom than an added bedroom within the primary dwelling but would not create an addition that would alter the character of the original single-family structure and of the surrounding neighborhood. Accessory residential units shall be allowed only for single-family dwellings.

4.01.01.

Facilities for exclusive personal use. The purpose of this provision is to provide opportunities for families to provide essential on-site care and support for elderly and handicapped members, not to provide opportunities for families to create independent rental units for general leasing. Occupancy is intended for related family members.

4.01.02.

Maximum floor area. Accessory residential units shall contain not more than 600 square feet of gross living area.

4.01.03.

Leasing agreement prohibited. It is not the intent of an accessory residential unit to be leased to a tenant through any formal leasing agreement or contract.

4.01.04.

Contained without primary dwelling. An accessory residential unit may not be attached to the primary dwelling unit on a property, except by a breezeway, deck, or porch.

4.01.05.

Limit on number of units. Where permitted, no more than one accessory residential unit shall be allowed per primary dwelling.

4.01.06.

No change in character of structure. An accessory residential unit shall be designed to cause no apparent change in the exterior residential character or appearance of the primary dwelling unit.

4.01.07.

Documentation of need. Accessory residential units are intended to serve specific family or household needs that would be better satisfied by the creation of a semi-independent living environment. Applicants who desire to construct an accessory residential unit shall submit a written statement to the enforcement officer describing the need that will be served by the accessory residential unit.

The following standards apply to bed and breakfast establishments in residential districts only:

4.02.01

Bed and breakfasts are permitted only in detached, single-family dwellings and must be operated by the owner and resident of the dwelling.

4.02.02

For each and every approved guest room, one parking space must be provided, in addition to the spaces required for the residence. Such additional required parking spaces must be screened from adjacent properties and arranged so that each space has direct access to a driveway. Recreational vehicle parking is prohibited except on lots one acre or larger in size. Where allowed, recreational vehicle parking must be located away from view from public rights-of-way and from neighboring properties to maximum extent practicable.

4.02.03

Food service is limited to overnight guests of the bed and breakfast. No dining facilities may be open to the general public. Guest rooms may not contain cooking equipment.

4.02.04

One freestanding sign only and no larger than 15 square feet is permitted, regardless of whether the bed and breakfast is on a corner lot. Signs may not be illuminated in residential districts.

[4.03.005.

Classifications.] All congregate living facilities allowed under this section must conform to the zoning district dimensions and use regulations. Classification of congregate living facilities:

1.

Group home facility.

2.

Group care facility.

4.03.01.

General requirements for all congregate living facilities (group home facility and group care facility).

A.

Neighborhood compatibility. In R-3, NB and GB zoning districts, where permitted, the external appearance of congregate living facility structures and building sites must maintain the general residential character of the district. Exterior building materials, bulk, landscaping, fences and walls, and general design must be similar to and compatible with those of surrounding dwellings.

B.

Intensity of development. In order to ensure that the intensity of congregate living facilities remains in keeping with other development allowed under this chapter [ordinance], all congregate living facilities must conform to the zoning district and use regulations for the district in which they are located, and must, in particular, conform to the lot area, mean lot width, building site frontage, density, and maximum dwelling units per building site requirements. Minimum density requirements shall not apply when a Type A, B, or C congregate living facility is the principal use of a building site.

(a)

Maximum density group housing and nursing homes: Every 2.5 residents (rated patron capacity) are considered one dwelling unit.

(b)

Maximum density all other congregate living facilities: The first six residents (rated patron capacity) are considered one dwelling unit and each additional three residents thereafter are deemed to equal one additional dwelling unit.

C.

Signs. In order to preserve the general appearance of the neighborhood as a primarily one- and two-family residential area, no signs for congregate living facilities are permitted other than one non-il- luminated nameplate attached to the main entrance of the principal building. This nameplate shall not exceed two square feet in area.

D.

Other uses. Other uses associated with a congregate living facility, including child or adult day care facilities for children and adults who do not live in the facility, may be permitted when otherwise allowed in the zoning district.

E.

Conformance with state regulations. In addition to the requirements of this chapter [ordinance], all congregate living facilities must comply with the statutes and regulations of the State of Alabama for the most closely analogous group care categories, whether or not such facilities are licensed regulated by the state. Applicable state statutes and regulations are deemed a part of this chapter [ordinance].

F.

Parking. 0.5 spaces per occupant + two spaces.

4.03.02.

Group home. Any dwelling intended for or occupied by unrelated people, not living as a single housekeeping unit, whether or not the dwelling provides shared kitchen or dining facilities. This term includes boarding houses, lodging houses, rooming houses, dormitories, and hostels, but does not include any group care facility. Group home facilities are further regulated as Type A (owner-occupied intended for occupancy of 12 or fewer people, occupancy is prearranged and lengths of stay of at least one week or more, and contains shared kitchen facilities), Type B (intended for occupancy by two to 52 people and does not meet the standards for Type A), and Type C (intended for occupancy of greater than 52 people).

1.

Procedural requirements for the establishment of a group home facility (no care provided).

A.

Permit required. Prior to the establishment of a group housing facility, or conversion to group housing Type A, B or C, the owner and the operator shall be responsible for securing a zoning official permit. A new permit in the name of a new owner or operator shall be required in the event of a change in ownership or leasehold interest in a group housing facility.

B.

Permit renewal. The group housing permit must be renewed at least annually on or before January 1 of each year.

C.

Inspections required for permit. Application for a permit for group housing not in existence at the time of the original effective date of these group housing regulations shall be conditioned upon all inspections, reviews, plans and other documents or items required by the zoning official, including a floor plan indicating the placement of beds within the structure, being secured, and approved before the owner, operator or user begins use of the land for group housing. The following required inspections shall be conducted prior to the issuance of a permit for group housing under this part [section]:

i.

An inspection by city housing code enforcement staff to ascertain the maximum number of occupants of the group housing facility and compliance with all other provisions of the adopted city building standards code.

ii.

An inspection, review of any required plans, and installation of all improvements necessary for the group housing to secure the permit specified herein and to comply with the provisions of this chapter [ordinance] and any other city development standards.

iii.

An inspection by city fire prevention inspectors to ascertain compliance with the fire safety code of the City of Glencoe.

iv.

Application for and securing the appropriate required business tax receipt (BTR).

v.

A permit by the state officials that an inspection has been accomplished in accordance with state law or is not required for the particular group housing facility.

vi.

Securing any and all other city, county, county health department, and state compliances, approvals, inspections or permits.

D.

Evidence of permit. The existence of a valid permit must be evidenced in a form and manner specified by the zoning official and must be presented if requested. This evidence of the existence of a valid City of Glencoe permit must include the stated capacity for the group housing facility.

E.

Existing group housing must obtain permit. Any group housing existing and operating at the time of the original effective date of these group housing regulations shall be required to secure a permit and apply for all inspections and land use approvals set forth herein, or cease operating as a group housing facility.

4.03.03.

Group care facilities (transient care facility). A group care facility that provides short-term, temporary room and board, or just room, to residents in need of immediate and temporary shelter because they have been abused, neglected, abandoned, exploited, or are otherwise homeless and without shelter or necessary basic care. Transient care facilities are not intended to provide long-term housing but may provide shelter to the chronically homeless. Transient care facilities are further regulated as Type A (one to six residents), Type B (seven to 14 residents), and Type C (more than 14 residents). Emergency shelters and homeless shelters are both examples of transient care facilities.

1.

Procedural requirements for the establishment of a group housing facility (transient care facility). "Transient care facility" includes emergency shelters, homeless shelters, halfway houses, transitional housing.

A.

Distance separation determination required. The group care facility shall receive a zoning official determination prior to the issuance of any building permit or business tax receipt for the facility, to ensure compliance with the distance separation requirements of subsection 4. Prior to reviewing the proposed use for compliance with the distance separation requirements, the zoning official shall first make a determination on what level of care the facility is being proposed (residential, intensive, or transient) and whether or not the facility is a Type A, B, or C, using the classification of subsection 2 below, the definitions in article II, and any relevant information from a state licensing agency.

B.

Business tax receipt required. No group care facility shall operate without obtaining and annually renewing a business tax receipt (BTR) from the city.

2.

Characteristics/classification criteria (transient care facility).

A.

Supervisory staff is on-site at all times a facility is open.

B.

Room and board, or just room, provided on an emergency or temporary basis.

C.

Clients on average stay for less than six months.

D.

Clients are in need of immediate and temporary shelter because they have been abused, neglected, abandoned, exploited, or are otherwise homeless and without shelter or necessary basic care.

E.

Facilities may be 24-hour or may be made available during certain hours.

F.

Instruction and supervision to assist clients to transition into permanent living situations may be provided.

3.

Standards (transient care facility).

A.

Type A: one to six beds.

B.

Type B: seven to 14 beds.

C.

Type C: 15+ beds.

4.

Dispersal of group care facilities (transient care facility).

A.

Type A group care facilities.

i.

Minimum distance between facilities. In one- and two-family residential zoning districts, no Type A group care facility shall be located within a radius of 1,000 feet of another group care facility.

ii.

Multifamily developments. No Type A group care facility proposed to locate within a multifamily dwelling unit shall cause the total number of Type A group care facilities to exceed 3.0 percent of all dwelling units on a development site, or six units, whichever is greater.

B.

Type B and C group care facilities (seven or more residents).

i.

Minimum distance between facilities. No Type B or C group care facility shall be located within a radius of 1,200 feet of another existing group care facility.

4.04.01.

Home occupations. A home occupation may consist of any accessory business use that fully complies with all of the standards contained in this section. No home occupation shall be allowed in any multifamily dwelling.

4.04.02.

Cottage industries. A cottage industry may consist of any accessory business use that fully complies with all of the standards contained in this section. Cottage industries may be permitted only within the agricultural zoning districts.

4.04.03.

Standards applicable to both home occupations and cottage industries. The following standards shall apply to both home occupations and cottage industries:

A.

The home occupation or cottage industry must be owned and operated by the owner of the dwelling within which or property upon which such business use is to be located or the business owner must have written approval of the owner of the premises if the applicant is a tenant.

B.

One full-time employee, not family-related, may be employed in relation to the cottage industry.

C.

The home occupation or cottage industry shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

D.

The home occupation or cottage industry shall not generate smoke, glare, vibrations, electrical disturbance, noise, radioactivity, or other conditions that will be a nuisance to the surrounding area. The home occupation shall not involve the use of any equipment or process that creates noise, visual or audible interference.

E.

The home occupation or cottage industry shall not generate any business or customer traffic between the hours of 6:00 p.m. and 8:00 a.m.

F.

Not more than one non-illuminated accessory sign having a sign area of not more than two square feet shall be allowed to advertise any home occupation or cottage industry.

G.

The following or similar type activities are prohibited: activities involving solid or liquid waste, junk or scrap metal shops, junkyards, scrapyards, automobile or similar vehicles repair shops or garages, food processing or packing operations or activities that generate a negative influence or adverse effect on other properties in the immediate area; in particular, activities that would cause or attract a noticeable traffic increase.

4.04.04.

Standards applicable to home occupations. The following standards shall apply to only home occupations:

A.

All business operations, activities, and transactions associated with the home occupation shall be conducted entirely within the dwelling unit.

B.

The home occupation shall not cause or result in any change in the outside appearance and residential character of the dwelling unit.

C.

The home occupation shall not generate customers to the home that would cause parking on the public street.

D.

The home occupation shall not produce any vibrations, noises, or odors that may be discernable by the average person outside of the dwelling unit.

E.

All equipment, materials, and products of the home occupation, with the exception of one vehicle intended for business use, shall be safely and securely stored inside the dwelling unit at all times.

F.

The home occupation and dwelling unit shall comply with all applicable building and fire codes. Home occupations will not be permitted in any dwelling unit in which the primary residential use does not fully comply with the applicable requirements for the zoning district within which it is located.

G.

None of the activities shall cause any change in the exterior appearance or the residential character of the dwelling unit.

4.04.05.

Standards applicable to cottage industries. The following standards shall apply to only cottage industries:

A.

No cottage industry shall be permitted on a lot smaller than two acres.

B.

All business operations, activities and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building on the same lot. No activities associated with a cottage industry, including materials storage, shall be located or conducted within an accessory building that is less than 20 feet from an adjoining residential property line. No business operations, activities, or transactions shall be conducted in any portion of the dwelling or lot not specifically approved by the city for cottage industry use.

C.

The cottage industry shall not generate more customers to the home at any point in time than can be accommodated in the parking area on the property, and in no instance shall the total customer traffic at the home exceed more than four vehicles at a time.

D.

The cottage industry shall not produce any vibrations, noises, or odors that may be discernable by the average person beyond the boundaries of the lot.

E.

All equipment, materials, and products of the cottage industry, except for one vehicle intended for business use, shall be safely stored inside a secured structure on the lot.

F.

The cottage industry and dwelling unit shall comply with all applicable building and fire codes. Cottage industries will not be permitted in any structure which does not fully comply with all applicable requirements for the zoning district within which it is located.

G.

The cottage industry shall not cause or result in any change in the outside appearance or character of any structure on the lot.

4.04.06.

Expiration of permit. A permit for a home occupation or cottage industry shall expire under the following conditions:

A.

Whenever the applicant ceases to occupy the structure or lot for which the home occupation or cottage industry permit was issued. No subsequent occupant of such premises shall engage in any home occupation or cottage industry until a new permit has been issued for the proposed business activity. A permit to operate a home occupation or cottage industry is not transferable to a new residence or lot.

B.

Whenever the holder of a home occupation or cottage industry permit ceases operation of the permitted business activity for any period of 90 consecutive days.

C.

When the owner of a permitted home occupation or cottage industry is issued a notice of violation of this ordinance, the owner shall cease and desist from all business operations until such time as the enforcing officer has verified, through on-site inspection, that the violation has been remedied. Failure to cease and desist from all business operations, in accordance with this provision, shall constitute a separate violation. If the owner fails to comply with a cease-and-desist order, or the violation has not been remedied within 15 days of the date that the notice of violation was issued, the home occupation or cottage industry permit and business license shall expire, and no resumption of business activities associated with such business may occur without first obtaining a new permit and business license.

All manufactured homes shall comply with the following requirements:

4.05.01.

HUD seal required. Prior to installation, each manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development. Any existing mobile home or manufactured home not bearing such seal shall be deemed a nonconforming structure and shall be treated as a nonconforming structure and use in accordance with the regulations established in section 3.15 of this ordinance.

4.05.02.

Anchoring requirements. All manufactured homes shall be set up, installed, and anchored in full compliance with the requirements of the Alabama Manufactured Housing Commission. Each manufactured home site shall be properly prepared for set up and installation as may be necessary and appropriate to prevent the accumulation of standing water or the drainage of stormwater runoff beneath the manufactured home. Where a concrete pad is available, a manufactured home shall be properly anchored to it.

4.05.03.

Skirting required. All manufactured homes shall be skirted by a continuous weather-resistant material which resembles a permanent foundation commonly found on a single-family dwelling. All skirting shall be adequately vented and shall be completely installed within 90 days of the date that the manufactured home has been installed and anchored to the home site. Where the space beneath a manufactured home that is to be enclosed by skirting is not completely covered by a concrete pad, then a ground vapor retarder of six mil rated polyethylene sheeting or greater shall be installed over the entire area enclosed by skirting.

4.05.04.

Sanitary facilities. Each manufactured home shall contain at least one shower or tub, a flush toilet, a lavatory, hot and cold running water, and a central source of heat for the occupants thereof.

4.05.05.

Axles and tow bars removed. Once a manufactured home has been placed on an individual lot, all tow bars and axles shall be removed and stored in a location on the lot where they will not be seen from the street or neighboring homes or shall be hidden from view. Where the site is greater than five acres and the home is not visible from the roadway, the tow bar and axles may continue to be attached to the home.

4.05.06.

Access to exterior entrances. Immediately after installation and prior to occupation, steps and a landing or porch shall be constructed at each raised exterior entrance or doorway to the manufactured home. At a minimum, the front or main entrance to a manufactured home shall be served by a stairway, not less than three feet in width, leading to a landing or porch not narrower than four feet in depth nor shorter than six feet in length and containing a railing along all exterior edges of the landing and stairway. A stairway, not less than three feet in width, with exterior railings shall be erected at all other exterior entrances to the manufactured home. All required stairways and landings/porches shall be constructed of wood, concrete or brick materials, or some combination of both. Required railings may be constructed of wood or metal materials.

4.05.07.

Compatibility with adjoining residential properties. While the City of Glencoe acknowledges and accepts its responsibility to promote a wide range of affordable housing styles for its residents, it also recognizes that manufactured homes are a distinct type of housing. Neighborhoods that consist predominantly or exclusively of site-built single-family detached dwellings that represent and reflect a specific architectural style and character or that consist of uniformly high-value dwellings, relative to the value of a standard manufactured home, may not be compatible with manufactured housing. In these special neighborhoods, the city's responsibility to provide siting flexibility for manufactured homes must be reasonably tempered and balanced by the city's competing responsibility to maintain the character and architectural integrity of established single-family residential neighborhoods.

4.06.01.

Purpose of regulations. The public has a legitimate interest and concern in the placement and appearance of telecommunication towers, antennas, and satellite dishes under the Telecommunications Act of 1996, where such control does not conflict with or unreasonably constrain the legitimate right of businesses to exercise free trade. Glencoe desires access to advanced technology to serve its businesses and citizens, with concern regarding the community's overall appearance and public image. Glencoe seeks to provide sensible regulations on telecommunication facilities. To that end, the city desires to partner with telecommunications firms to ensure expansion of the existing telecommunications infrastructure that will provide effective advanced communications services throughout the city and surrounding environs, commensurate with local needs, with a minimal visual impact without creating impediments to free competition among wireless telecommunications providers seeking to serve the city. These regulations have been developed by the city to achieve these objectives.

4.06.02.

Definitions. The following sign terms, when used in this ordinance, shall have the meanings defined by this section:

A.

Antenna. An electromagnetic device which conducts radio signals, through an attached cable or wave guide, to or from a radio transmitter or receiver. "Antenna" includes devices commonly known as whips, panels, and parabolic dishes. "Antenna" shall include an antenna used in conjunction with microwave, cellular, or personal communication service systems and any other type of telecommunications systems now or hereafter in use.

B.

Applicant. A party or parties who apply for a permit to construct a tower, to install an antenna on a proposed or existing tower, or to locate equipment on a proposed or existing tower compound.

C.

Co-location site. A parcel of land or other site on which the antennas and related equipment of more than on party are located.

D.

Communication facilities. Towers, antennas, and associated equipment collectively.

E.

Equipment. 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.

F.

FAA. The U.S. Federal Aviation Administration.

G.

FCC. The U.S. Federal Communications Commission.

H.

Fiber optics. Light transmissions through very fine flexible glass, by internal reflection.

I.

Monopole. Any self-supporting wooden pole, metal, or concrete pole designed to support an antenna; provided, that the word "monopole" shall not include a latticed steel or metal tower, a tower which requires guy wires for support, or a tower which has more than one source of support, such as a tower with more than one leg.

J.

Residential property. Any land which is located in the following zoning district: R-1, R-2, R-3 or MHP.

K.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. As used in this section, "tower" shall include any telecommunication tower installed or constructed within the city prior to the effective date of this ordinance, regardless of whether such tower is a monopole or another type of tower.

L.

Tower compound. A parcel of land or a building on which communication facilities are located.

4.06.03.

Jurisdiction of regulations. All communication facilities or structures greater than one meter in size, including, but not limited to, those facilities known as cellular, personal communication system (PCS), paging services, and similar services, shall comply with these regulations. However, the following shall be exempt from these regulations under the specified conditions:

A.

Public property. Property owned, leased, or otherwise controlled by the city.

B.

Amateur radio or receive-only antennas. Any tower, or the installation of any antenna that does not exceed the maximum height restriction of the applicable zoning district or 80 feet, whichever is less, and is operated by a federally licensed amateur radio operator or is exclusively for receive- only antennas.

C.

Pre-existing communication facilities or towers. Any communication tower or antenna which was constructed prior to the effective date of these regulations, and which complied with all applicable state, federal and local codes, laws, and regulations in effect at the time of construction.

4.06.04.

Basic requirements and design considerations. All proposed communication facilities, towers, and antennas, governed by these regulations shall comply with the following requirements and guidelines.

A.

Compliance with FAA regulations. All proposed communication facilities shall comply with all applicable FAA requirements, including, but not limited to, part 77 of the Federal Aviation Regulations (FAR), as amended.

B.

Compliance with FCC regulations. All proposed communication facilities shall comply with all applicable FCC requirements, including, but not limited to, the Telecommunications Act of 1996, as amended.

C.

Structural safety. All proposed communication facilities shall comply with wind loading and other applicable structural standards contained in local building and technical codes, as they may be in effect and amended from time to time, including, without limitation, and any amendments thereto or replacements thereof, as may be adopted by the city council.

D.

Appearance and view protection. In the interest of providing suitable locations, the city council must approve the location of any tower within the city for commercial activity.

E.

Signs prohibited. No signs or other forms of advertising may be attached to/on a tower, to serve as a permitted freestanding sign support. This prohibition shall not apply to any required warning or private property posting signs. Contact information must be attached for emergency activity.

F.

Construction materials. Where applicable building codes or federal regulations permit flexibility in the choice of construction materials and where the selection of alternative construction materials will not compromise the structural integrity, proposed new towers shall be constructed of materials that have a composition, texture and color that will most closely resemble structures and natural features that exist on and adjoining the facility site when possible.

G.

Health effects. All proposed communication facilities shall comply with all applicable FCC regulations and requirements in effect to prevent detrimental health effects from the proposed communication facilities.

H.

Co-location. No new tower or monopole shall be erected on a proposed communication facility site unless the applicant can document that an existing co-location site is not available or is not technically capable of serving the specific telecommunication need in the area of the proposed site. This co-location requirement may be waived by the city where the proposed antenna would create an excessively cluttered appearance on the available co-location site (thereby drawing greater visual attention to the existing antenna site or creating a more imposing obstruction to scenic views and vistas from the area) and the proposed new antenna would be less visible or intrusive on the surrounding area.

I.

Setback requirements. All proposed communication facilities and structures, including guys and accessory facilities, shall satisfy the minimum setback requirements of the zoning district in which they will be sited. However, all proposed tower compounds that will be located on a residential property may be subject to an additional setback from all property boundaries of the site equal to the height of the tower structure as measured from the finished ground level at the base or pad surface to the tallest point of the structure.

J.

Lighting. Towers may not be artificially lighted, except where required to satisfy applicable FAA regulations. Lights for security and to assist in making emergency repairs may be installed on buildings within the tower compound which contain equipment essential to the operation and maintenance of the tower. Such lights shall be shielded and directed in a downward direction from a height of not more than ten feet, and no such light may exceed a maximum of 150 watts. Such lights shall be located and directed so that they do not shine, reflect, or generate excessive glare onto or toward any residential property or adjoining property upon which a residential use exists or has been approved for construction.

K.

Security fence. All communication facilities to be located within a proposed tower compound shall be secured by the construction of an eight-foot-high security fence or wall constructed, at a minimum, using chain-link fencing.

L.

Landscaping. All proposed tower compounds must be surrounded by a landscaped buffer which shall provide an effective year-round screen to a height of at least eight feet upon planting in order to screen views of the tower compound from adjacent public ways, residential properties, and properties upon which a residential use exists. The buffer shall include a landscaped strip at least three feet in depth located outside of the security fence or wall. The landscaped strip shall be planted with a combination of trees, shrubs, vines, and grown covers which are capable of attaining, at maturity, a height as high as the security fence or wall and which will enhance and screen the outward appearance of the security fence. The use of native species of plants and trees are encouraged to the extent that they will satisfy the requirement for adequate year-round screening. Such landscaping is not required if the location of the tower site is not visible from any residence or from any public or private roadway.

M.

Communication facility siting priorities. When selecting sites within the city to locate proposed communication facilities or tower compounds, priority shall be given to locations in nonresidential zoning districts. Residential property sites shall be given the lowest possible consideration for new sites.

4.06.05.

Levels of review and approval. In recognition of the standards for proposed communication facilities established by this ordinance, allowances have been made for an efficient and expedited review process, where the applicant can demonstrate that a good faith effort to embrace and comply with the spirit and intent of these guidelines has been made in the design of the proposal. The three levels of review and approval and the types of projects that can be considered within each level are as follows:

A.

Review and approval by enforcement officer. The following types of communication facilities shall be reviewed and approved by the enforcement officer without the need for a public hearing, provided the proposed improvements complies with requirements specified in section 4.06.04 of this article:

1.

Any antenna that will be co-located on an existing approved or registered pre-existing tower. In addition, the supporting equipment for the proposed antenna shall not require the construction of any new freestanding structures on the tower compound.

2.

Any antenna, and associated cables and equipment, that will be sited in an existing structure that fully conforms with all applicable requirements of this ordinance, not a nonconforming structure, and where, after installation, the antenna and all supporting equipment will be completely enclosed by the exterior walls of the structure or completely screened from public view at any point.

B.

Review and approval exclusively by city council. The city council shall have the authority to review and approve the following specific types of communication facilities and tower compounds, subject to the conduct of a public hearing, without the need for a recommendation from the planning commission:

1.

Any antenna, and associated cables and equipment, that will be installed on a co-location site that does not fall within the approval authority of the enforcement officer, as specified in subparagraph A.1 of this section.

2.

Any new monopole not greater than 30 feet in height and located in a nonresidential zoning district that is camouflaged or disguised in such a way that it cannot be immediately recognized as an antenna support.

3.

Any new antenna or tower to be located on property owned, leased, or otherwise controlled by the City of Glencoe and located within a nonresidential zoning district.

C.

Review and approval by city council upon recommendation from planning commission. All applications not subject to review and approval by the enforcement officer in accordance with subparagraph A of this section or review and approval exclusively by the city council in accordance with subparagraph B of this section shall be subject to review and public hearings by both the planning commission and the city council. The planning commission shall review the application and issue a recommendation for approval or denial to the city council. Final review and approval or denial of the application shall be issued exclusively by the city council.

4.06.06.

Approval procedures. Review and approval of an application shall be conducted in accordance with the following procedures:

A.

Pre-application consultation. Any applicant seeking to develop communication facilities or tower compounds that fall within the jurisdiction may request an informal consultation with the enforcement officer prior to the preparation and submission of a formal application. The purpose of this voluntary consultation shall be to answer specific questions about the process or applicable design requirements, discuss possible camouflaging or co-location options, or discuss application format options and/or potential supporting documentation submission needs. Any such consultation discussions should occur before a formal application is submitted to the city, shall be non-binding on the applicant and the city, and shall not in any way constitute or be interpreted to constitute a decision to approve or deny an application.

B.

Receipt of application. The applications shall be submitted to the enforcement officer. Upon submission, the enforcement officer shall determine that the application contains the requirements specified in section 4.06.07 of this article. No incomplete application shall be received by the city for review and approval. Once the enforcement officer determines the application is complete, the application shall be determined to have been received by the city on that date.

C.

Enforcement officer review. The enforcement officer and/or building official shall review a complete application within 30 days of the date of receipt. At the end of that review, the enforcement officer shall issue approval or denial for those aspects of the application that fall within the approval authority of the enforcement officer, as specified in section 4.06.05.A of this article. If the application or any part of the application is denied, the enforcement officer shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations and/or the failure of the application to satisfy specific basic requirements and design considerations outlined in section 4.06.04 of these regulations. If the enforcement officer fails to render a decision on the application within the required 30 days, then aspects of the application subject to review and approval by the enforcement officer shall be deemed to be automatically approved without further consideration by the city. However, the city council may grant an extension to the 30-day deadline, not to exceed an additional 30 days, due to extended illness or absence of the enforcement officer during the required review and approval period or the submission of an application that is too large or extensive to be reviewed by existing staff resources within the prescribed timeframe. On the date that the enforcement officer's review period ends, any remaining portions of the application not subject to approval or denial by the enforcement officer shall be submitted to the city council and/or planning commission for action, as may be applicable. The forwarded application shall be accompanied by a written report from the enforcement officer regarding his/her assessment of the proposed communication facility or tower compound with the applicable requirements specified in section 4.06.04 of this article.

D.

Planning commission and city council review. All applications requiring review and approval of the city council and/or planning commission in accordance with section 4.06.05, subparagraph B or C, of this article shall follow the same general guidelines as for an amendment to this ordinance as specified in article VIII, Amendments, of this ordinance, with the specific exception that planning commission review shall not be required for applications that may be approved exclusively by the city council, in accordance with section 4.06.05, subparagraph B, of this article.

E.

Public hearing. The city council and, if necessary, planning commission shall each conduct one public hearing on the application at the earliest regular meeting date that will satisfy the public hearing notice requirements following the date of submission by the enforcement officer. The required public hearing shall be noticed in the same manner prescribed in the applicable sections of article VIII of this ordinance (section 8.05.04 for the planning commission and section 8.05.05 for the city council). At the hearing, the presiding body shall entertain a report from the enforcement officer regarding his/her assessment of the proposed communication facility or tower compound with the applicable requirements specified in section 4.06.04 of this article. A written copy of the enforcement officer's report shall be incorporated into the minutes of the public hearing, along with a written synopsis of all public comments received and an attendance sheet identifying the names and mailing addresses of every person who attended the public hearing.

F.

Decision. The planning commission shall render a decision on the application within 30 days from the date that the public hearing is closed. For the planning commission, such decision shall be in the form of a written recommendation, along with a list of the findings of fact upon which the recommendation was based, to the city council for final action. If the planning commission fails to render a formal recommendation on the application within the required 30 days, then the application shall be transmitted to the city council for final decision with an automatic or implied recommendation of approval. If the city council fails to render a decision on the application within the required 30 days, then the application shall be deemed to be automatically approved without further consideration by the city. If the application or any part of the application is denied, the city council shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city council as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations or specific basic requirements and design considerations outlined in section 4.06.04 of these regulations that the application fails to satisfy.

4.06.07.

Submission requirements. All applications to construct communication facilities that fall within the jurisdiction of these regulations shall provide adequate documentation to demonstrate compliance with all applicable basic requirements and design considerations specified in section 4.06.04 of these regulations. A single application may include any number of proposed tower compounds that will be located within the jurisdiction of this ordinance, even though some of the proposed tower compounds may be subject to expedited review procedures as provided in section 8.05 of this article. Where an application includes tower compounds subject to different levels of review, the application may be divided into sections for each review category, within which all necessary supporting information for each proposed tower compound shall be provided. Whenever portions of an application have been approved or denied through an expedited review process, that information and any terms of said approval or denial shall be noted and considered in the subsequent review procedures for the remaining portions of the application. The enforcement officer shall determine the number of application copies that must be submitted by the applicant, based on the number of parties who must review the application. One copy of the application shall be required for each of the following review agents, as may be required: the enforcement officer, building inspector (if such person is not the enforcement officer), planning commission, and the city council. At a minimum, each required application shall contain the following:

A.

A completed zoning permit application form, including the required application fee.

B.

A site plan of the tower compound, prepared by a surveyor, at a scale not less than one inch to 50 feet, showing the location, street address, tax parcel identification number, and dimensions of the parcel of land that will contain the tower compound, the location of all required setback lines, driveways, parking areas, buffers, fencing, landscaping, stormwater management improvements, fuel tanks (both above and below ground), and structures that exist or will be constructed on the property. If the property upon which a proposed tower compound will be located exceeds 100 acres in size, then the scale of the site plan shall be increased to one inch to 100 feet, or the enforcement officer may grant authority to the applicant to limit the site plan coverage to a specified area around the proposed tower compound.

C.

Written proof of ownership of the proposed tower compound.

D.

A written report including a description of the proposed tower with the technical reasons for its design, a certificate from the project engineer documenting the structural integrity of the tower or antenna support for its proposed use, including any co-located communication facilities that may already exist at the site, and an affidavit signed by the owner of the proposed communication facilities and the project engineer attesting compliance of the proposed communication facilities with all applicable FCC requirements with regard to any potential detrimental health effects that could be generated by the proposed facilities.

E.

A silhouette and elevation view of the proposed tower and the tower compound, describing colors and materials to be used for the communication facilities and any security fence, decorative fence, or decorative wall. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines. The elevation view shall portray the general context and compatibility of the proposed facilities with respect to surrounding structures and natural features.

F.

Copies of any proposed easements, where applicable to the project.

G.

For each new monopole or tower that is not otherwise located on a co-location site, a written report documenting the attempts made by the applicant to secure a suitable co-location site both within the city and in the adjoining unincorporated areas and any supporting technical reasons supporting the need for a new independent site.

4.06.08.

Inspection/fee. To determine whether tower compounds are in compliance with the requirements of this ordinance, the city may request on its behalf, an inspection of the communication facilities on each tower compound and the walls, fences, and landscaping around each tower compound, for which an inspection fee of $200.00 shall be imposed. The fee shall be payable by and shall be the responsibility of the owner or owners of the tower. If there is more than one owner of the tower, each owner shall be jointly and severally liable for the entire amount of the fee and any additional fees due because of delinquency in payment. Any inspection conducted in accordance with these regulations shall not be relate to the safety or structural soundness of the communication facilities or tower. The purpose of the inspection shall be limited to determining whether such communication facilities and tower compound are in compliance with the provisions of this ordinance. Any violation of the provisions of the ordinance that are discovered through said inspection shall be processed and resolved in accordance with the procedures specified in article IX, section 4 of this ordinance.

4.06.09.

Satellite dishes. All satellite dishes exceeding one meter in diameter shall be considered structures required to be installed in accordance with all applicable provisions of this ordinance, the standard building code, and any other applicable regulations enforced by the City of Glencoe. All such dishes shall be located in the rear yard of the property, if possible, and shall be set back from all property lines a distance equal to the height of the dish.

4.06.010.

Appeals. All appeals from a decision by the enforcement officer or city council shall be to the circuit court or FCC as prescribed by the Telecommunication Act of 1996.

Nothing in this ordinance shall be constructed to prohibit the use of a portable office, recreational vehicle or vehicle designed for use as a moveable office for a temporary construction office in accordance with the building code of the City of Glencoe, nor shall this ordinance be deemed to prohibit the parking of only one unoccupied recreational vehicle in an accessory building or in a rear yard of any district, so long as no living quarters are maintained and no business is practiced in such recreational vehicle while it is so stored or parked.

Within developments where common open space will be provided by a developer, the following requirements shall apply:

4.08.01.

Access to common open space. Open space should be distributed throughout the development so that all lots within the development shall have access from an improved public right-of-way or easement to such areas. Where common or public lakefront open space is provided within a proposed development, such lands shall be afforded convenient access.

4.08.02.

Improvements prohibited from inclusion in common open space. Common open space shall not include public or private streets, driveways, private yards, patios, parking areas, or utility easements, where the utilities within the easement would interfere with reasonable active or passive recreation uses. Sidewalks, playgrounds, and other outdoor recreational facilities, and ponds or lakes may be constructed within common open space lands, with adequate provisions made for continued private maintenance.

4.08.03.

Management agreement for control and maintenance of common areas. The City of Glencoe shall bear no responsibility or liability for the continued maintenance, repair, or improvement of privately owned common open space lands.

4.08.04.

Open space within certain districts. Within gated communities or those districts with special designations, such developments designed for residents of the developments such open spaces are not open to the public. Manufactured home parks or recreational vehicle parks with lake access or playgrounds or other features designed for residents, such open space in those developments access is only open to those residents.

4.08.05.

Nothing within this sign ordinance shall prohibit the placement of a sign across the street or road from an active business or to provide direction to another business further down the street or roadway.

The following regulations apply to short-term rental of dwellings in residential districts, agricultural districts, and NB and GB. For purposes of this section, "short-term rental (STR)" means the rental of a dwelling unit for less than or equal to 30 days per rental period.

4.09. 01.

Licensing. The property owner must have a valid short-term rental license from the city before a property can be advertised or operated for short-term rental. An individual license must be obtained for each STR property.

A.

The property owner must provide with the STR license application the name and telephone number of an emergency contact that will respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must be able to respond on-site within 12 hours if requested by the city. The emergency contact must answer calls 24 hours a day, seven days a week for the duration of each short-term rental period. Prior to any change to the emergency contact, the owner must submit the revised contact information to the city clerk.

B.

Insurance. All STR licensees must obtain and maintain vacation rental property insurance that covers the commercial lodging use of the site. Proof of insurance must be provided within 30 days of approval of the STR license. Proof of insurance must be resubmitted each year for renewal of the STR license notice. Each owner must, upon issuance of an STR license, provide written notice to the city clerk and to all owners or property within a radius of 500 feet of the STR property, which includes the following information:

1.

The names of the owner and emergency contact (if not the owner), including telephone numbers.

2.

The city's code enforcement telephone number by which members of the public may report violations.

3.

The maximum number of renters permitted to stay in the unit.

4.

The maximum number of vehicles allowed to be parked at the property.

C.

Taxation. The licensee is responsible for collecting and reporting taxes from any rental arrangement that is not subject to an established collection agreement with the city.

4.09.02.

Standards.

A.

The dwelling may only be rented for lodging use. It may not be rented for weddings, parties, concerts, or similar events or used for such events during any short-term rental period.

B.

Occupancy. The dwelling may not be rented to more than one guest party simultaneously. Occupancy is limited to the most restrictive of the following:

(1)

No more than two persons per bedroom plus two persons.

(2)

No more than four persons per parking space.

The number of bedrooms and parking spaces are determined by the building official as part of the STR license. The building official may inspect the dwelling to verify information submitted with the STR license application. The owner must, by written agreement with the renter, limit overnight occupancy of the STR to the maximum occupancy approved with the STR license.

C.

No on-premises signage legible from any right-of-way may advertise the STR.

D.

The short-term rental must comply with all applicable city regulations, including, but not limited to, building construction, fire safety, noise, and garbage collection and disposal.

E.

There must be adequate off-street parking to accommodate all guest parking needs. No recreational vehicles, buses or trailers may be stored on the street or forward of the front building line.

F.

No food may be prepared or served to rental guests by the licensee.

G.

A copy of the STR license, emergency contact information and house rules that comply with this section must be posted in a conspicuous place in the dwelling.

H.

Upon notification that a renter or a renter's guest has violated any provisions of this section or any noise, garbage, or other applicable provision of the city Code of Ordinances, the owner or emergency contact must promptly notify the renter of the violation and take such action as is necessary to prevent a recurrence.

4.09.03.

Violations. If, after investigation, the building official determines that any provisions of this section have been violated, the building official will notify the owner in writing stating the provisions violated, necessary corrective action, and a compliance due date, as applicable.

A.

Fines. In addition to the other remedies set out in this subsection, violations will be subject to fines as follows:

(1)

Violation warning. The ordinance enforcement officer may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this section.

(2)

First violation. The first time a person is found to have violated one of the provisions of this section, the person is subject to a fine of $150.00.

(3)

Second and subsequent violations. Any second or subsequent time a person is found to have violated the provisions of this section, the person will be subject to a fine of $500.00 for each subsequent violation.

B.

If a violation of building, fire safety or property maintenance regulations has not been corrected by the compliance date, the ordinance enforcement officer or fire official may cause the STR license to be temporarily suspended. When the violation has been corrected, the license is reinstated for the remainder of its current approval period. The building official may approve an extension of the compliance date if substantial progress toward compliance has been made and provided that the public will not be adversely affected by the extension.

C.

Recurring violations. When noise, occupancy, parking, or other violations concerning the conduct of the STR or its renters or their guests are found to have occurred during more than one rental period in the same license year or within any six-month period, the ordinance enforcement officer will request a hearing before the council. Following a public hearing on the matter, the council may revoke the STR license for the remainder of its current approval period and suspend the ability of the owner to renew the license for an additional year. No STR license may be renewed unless all outstanding penalties assessed against the licensee are paid in full to the city.

Mobile food vendors: Motorized vehicles and trailers used as part of the mobile food vendor must be ALDOT-approved for operation on streets.

a.

Vendor must conform to all requirements of the county and state health department.

b.

Vendor must have a sales tax account with the City of Glencoe.

c.

Vendors are not allowed to set up on state, county or city rights-of-way.

d.

Vendors may set up on private property with owners' permission.

e.

Vendors must obtain a permit before being allowed to set up on public property.

f.

Mobile food vendors on private property may not take up any required parking space or obstruct access to the property or on-site circulation.

g.

Mobile food vendors may use a valid on-street parking space but may not remain in the space for more than two hours. The two-hour time limit does not apply between 5:00 p.m. to 8:00 a.m. or during special public events approved by the council. On-street parking spaces within 100 feet of the public entrance of a standard restaurant may not be used by a mobile food vendor during the restaurant's hours of operation. This distance is reduced to 50 feet during special public events approved by the council.

Uses and activities. The campground shall include individual campsites for travel trailers or tents but may also include the following uses and activities:

(1)

Hotel, motel, or similar guest accommodations;

(2)

Facilities designed to serve only the park guests, such as restaurants, cafeteria, retail concession sales, laundromats, bathing facilities;

(3)

Recreational facilities and similar guest facilities; and

(4)

Accommodations for resident personnel employed by the campground management.

Site area. The minimum site area shall be five contiguous acres.

Density. The maximum number of campsites per acre shall be 15.

Perimeter yards. No campsite or building shall extend into any required yards along the perimeter of the park, as listed below. The perimeter yards shall be reserved for screening and buffer yards and may also be used for common streets, walkways, and passive recreation areas (without structures). The screening and buffer yard standards of this ordinance (section 3.13) may require wider perimeter yards, depending on the adjacent uses of land, and may place additional restrictions on the use of the perimeter yards.

Front yard: 50 feet.

Rear yard: 30 feet.

Side yard: 30 feet.

Dimensions. The minimum area for each campsite shall be 1,500 square feet, with a minimum width of 40 feet. Boundaries shall be clearly marked on the ground by permanent flush stakes.

Streets. One- or two-way private streets shall be provided to furnish access to each campsite and other park facilities. The street surface may be graveled or paved. Surface widths of streets shall be 12 feet per travel lane.

Parking. One and one-half parking spaces shall be provided in the park for each campsite. One nine-foot by 19-foot space shall be provided on each campsite.

Utilities. All utility lines shall be placed underground.

Refuse disposal. Refuse collection and disposal shall be the responsibility of campground management. Dumpsters shall be provided in centralized locations.

For the purposes of this ordinance, a garden home shall be defined as an owner-occupied, single-family detached dwelling unit (excluding manufactured homes) designed and sited on a lot to maximize rear yard or rear and side yard access and utility, through the construction of an exterior patio or first floor deck (which may include ornamental fencing) surrounding the exterior patio/deck to enhance rear/side yard privacy and visual appeal. Garden homes are designed to create a high-value single-family residential environment in a high-density setting. All garden home developments shall comply with the following requirements:

Residential dwelling types permitted. Single-family, excluding manufactured homes.

Infrastructure requirements. All garden homes shall be served by municipal water and sewer. All utilities shall be placed underground.

Siting. Garden home structures shall be sited as close as possible to the front setback line and one of the side yard setback lines to maximize utility of the remaining rear and opposing side yard for patio/garden development.

Accessory structures. One accessory structure shall be permitted, if conforming to the exterior appearance of the residence

Landscaping. Intensive ornamental landscaping shall be provided in the rear and side yard of all garden homes to ensure visual privacy and to create an attractive garden environment.

Buffers. A privacy fence or a landscaped (vegetated) buffer shall be established along all exterior boundaries of the subdivision site that adjoin properties zoned R-1.

Dimensional requirements.

Minimum lot area: 4,000 square feet.

Minimum lot width: 40 feet.

Minimum front yard: 20 feet.

Minimum side yard: eight feet.

a.

To permit zero lot-line development, one side yard may be reduced to zero, provided a five-foot easement of maintenance is reserved on the adjoining lot, buildings are separated by at least 20 feet, and the adjoining lot is reserved for a garden home.

Minimum rear yard: 15 feet.

Maximum building height: 35 feet.

Minimum dwelling unit gross floor area: 1,000 square feet.

Subdivision requirements. Subdivision of lots for garden homes shall be restricted to tracts with a minimum site area of 1.5 acres.

Density. The maximum density shall be eight dwelling units per acre.

Submission. A master plan of development showing the exact manner in which the whole tract will be improved and used must accompany the request for change of zoning. Said master plan must be approved by the city council after review and recommendation by the planning commission and must be retained in the file of the city clerk as a part of the city's records.