Where the owner of a plot of land consisting of one (1) or more adjacent lots at the time of the enactment of this ordinance did not at that time own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this ordinance; or if the topography, physical shape or other unique feature of such lots of record prevent reasonable compliance with the setback or other requirements of this ordinance, such plot of land may nevertheless be used as a building site. The yard and other space requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit reasonable use of the property as a building site. However, in no case shall the building inspector permit any lot in a residential district to be used as a building site which is less than four thousand (4,000) square feet in total area and forty (40) feet in width, or has a front yard setback of less than fifteen (15) feet and a side yard setback of less than five (5) feet.

The following provisions shall apply to the setback requirements defined in this ordinance:

1102.1 The front yard setback requirement of this ordinance for dwellings shall not apply on any lot, where the average setback of existing dwellings located wholly or in part within one hundred (100) feet on each side of such lot, within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback on said lot may be less than the required setback, but no less than the average of the setbacks of the aforementioned existing dwellings. However, in no case, shall setbacks be less than fifteen (15) feet.

1102.2 The side yard setback requirements for corner lots shall be the same as the front yard setback requirements for the next adjacent lot fronting on the street that the side yard of the corner lot faces. If the width of the permitted buildable portion of the lot is reduced below thirty (30) feet, the side yards may be reduced sufficiently to permit this buildable width. However, in no case shall the setback be reduced to less than fifteen (15) feet.

1102.3 On lots having the frontage on two (2) streets, but not located on a corner, the minimum front yard setback shall be provided on each street in accordance with the provisions of this ordinance.

1102.4 On lots having frontage on more than two (2) streets, the minimum front yard setback shall be provided in accordance with the regulations set forth in this ordinance on at least two (2) of the street frontages. The front yard setback on the other frontage or frontages may be reduced to one-half the regulated distance, provided that the setback shall not be reduced to less than fifteen (15) feet.

The height limitations of this ordinance shall not apply to belfries, church spires, cupolas, domes and similar structures not intended for human occupancy, nor to chimneys, conveyors, derricks, flagpoles, monuments, observation towers, silos, smokestacks, television or radio aerials, transmission towers, water towers and similar structures.

In all districts, except the C-2 General Commercial District, no fence, wall, terrace, sign, shrubbery, planting or other structure or object capable of obstructing driver vision between the heights of three (3) and fifteen (15) feet above the finished grade of streets shall be erected, permitted or maintained within twenty (20) feet of the intersection of the right-of-way lines of streets or of streets and railroads.

Ingress-egress openings in concrete, asphalt, rock or other street curbing provisions, commonly referred to as "curb cuts," as well as other means of vehicular access to and from private property, shall be regulated in the several zoning districts established by this ordinance in accordance with the following requirements:

1105.1 Size and shaping of curb cuts and other access points. In no case shall a curb cut or other access point be less than nine (9) feet or more than fifty (50) feet in length. No two curb cuts or other access points shall be closer than twenty (20) feet from each other except in residential zoning districts.

1105.2 Location of curb cuts and other access points. At street intersections, no curb or other access point shall be located closer than:

(a)

Twenty (20) feet from the intersecting point of the two street right-of-way property lines involved (or such lines extended in case of a rounded corner); or

(b)

Twenty-five (25) feet from the intersection of the two curblines involved (or such lines extended in case of a rounded corner), whichever is the least restrictive.

In addition to the principal uses, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

1106.1 Uses customarily accessory to farms and other agricultural uses:

(a)

Barns, stables and other facilities for livestock;

(b)

Creameries;

(c)

Condensaries;

(d)

Dwellings for migration [migrant] workers;

(e)

Facilities for hatching or butchering of fowl;

(f)

Feed lots;

(g)

Greenhouses;

(h)

Private docks or boathouses;

(i)

Private garages;

(j)

Private swimming pools and bathhouses or cabanas;

(k)

Sheds or toolrooms for the storage of equipment used in grounds or building maintenance;

(l)

Storage facilities for produce;

(m)

Swimming beach.

1106.2 Uses customarily accessory to dwellings:

(a)

Private garage not to exceed the following storage capacities:

(1)

One- or two-family dwelling—Four (4) automobiles;

(2)

Multifamily dwelling—Two (2) automobiles per dwelling unit;

(b)

Open storage space or parking area for motor vehicles having current license plates provided that such space shall not be used for more than one (1) commercial vehicle; provided that no more than one (1) travel trailer per dwelling unit shall be stored on the premises; and further provided that said travel trailer shall not be serviced by utilities and shall not be temporarily or permanently occupied as a dwelling unit;

(c)

Home workshop provided that:

(1)

Articles for sale are not manufactured on the premises;

(2)

There is no external storage of materials or equipment; and

(3)

No nuisances shall be generated by heat, glare, noise, smoke, vibrations, noxious fumes, odors, vapors, gases or matter at any time;

(d)

Shed or toolroom for the storage of equipment used in grounds or building maintenance;

(e)

Private kennel or other quarters for the keeping of poultry or animals for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties;

(f)

Private swimming pool and bathhouse or cabana;

(g)

Private dock or boathouse;

(h)

Swimming beach;

(i)

Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight (8) feet in height.

1106.3 Uses customarily accessory to church buildings:

(a)

Religious education buildings;

(b)

Kindergartens;

(c)

Parsonages, pastoriums or parish houses, together with any use accessory to a dwelling as listed under subsection 1106.2 above;

(d)

Off-street parking areas for the use without charge of members and visitors to the church.

1106.4 Uses customarily accessory to retail business, office uses and commercial recreational facilities:

(a)

Off-street parking or storage area for customers, clients and employee-owned vehicles;

(b)

Completely enclosed building for the storage of supplies, stock or merchandise;

(c)

Repair facilities incidental to the principal use, provided that dust, odor, smoke, vibrations, heat or glare produced as a result of such repair operations are not perceptible from any boundary line of the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the district in which the principal use is located;

(d)

Sheds or toolrooms for the storage of equipment used in operations or maintenance;

(e)

Boat marinas;

(f)

Private docks, boathouses;

(g)

Public port and docking facilities;

(h)

Private swimming pools, bathhouses or cabanas;

(i)

Swimming beach;

(j)

Bait house.

1106.5 Uses customarily accessory to public uses, buildings or activities. There shall be no limitations regarding accessory uses to any use, building or activity operated within the public domain except that such uses, buildings or activities must be directly related and subordinate to the principal public use.

1106.6 Setback and other yard requirements for accessory uses. All accessory uses operated in structures above ground level shall observe all setbacks, side yard and other requirements set forth for the district within which they are located, unless otherwise specified.

It is the intent of this section to provide for the establishment and continuance of shopping centers, group housing projects, planned industrial developments, medical centers, resort areas and similar types of large-scale compatible use developments. The regulations which apply to planned unit developments are designed to encourage the formation of such projects when and as appropriate and to permit the greatest latitude possible with respect to:

(a)

Internal site planning considerations; and

(b)

The location of these developments within the city in a manner calculated to best achieve the goals of the comprehensive plan.

1107.1 Specific requirements. In order to qualify as a planned unit development, a proposed project must first meet the following specific requirements:

(a)

The site utilized for the planned unit development must contain the following minimum acreages:

(1)

Residential and industrial developments—Five (5) acres;

(2)

Medical centers, shopping centers and others—Three (3) acres;

(b)

The area proposed shall be in one ownership or if in several ownerships, the application for the building permit shall be filed jointly by all of the owners of the properties included in the plan; and

(c)

A suitable plan shall be submitted by the developers for review and approval by the planning commission and the city council. Specifically, such plan shall include the following elements, where applicable:

(1)

The plat drawn to scale by a registered civil engineer, registered landscape architect, or registered architect showing exact dimensions of the parcel or parcels of land under consideration. The plat shall include the following elements:

a.

All property dimensions, platting and street systems, proposed building sites and sizes, types of uses proposed for buildings, plans for the screening and protection of abutting properties, means of ingress and egress, access and circulation arrangements, off-street parking and loading facilities, proposed reservations or dedications for streets, open spaces and other public facilities and, if requested, two (2) foot vertical contour intervals shall be provided on the site plan;

b.

The plat shall also include the name of the development and the developers, a north arrow, the date of field survey, tract boundary lines, dimensions, bearings, angles and reference points to at least two (2) permanent monuments;

c.

If the proposal includes the subdivision of land for any purpose or the provision of new public streets, the information required above and any additional information which may be required under procedures established by the subdivision regulations of the city shall be included. The plat may then be processed simultaneously for recording and as a part of the application for a building permit for a planned unit development as provided for in this ordinance;

(2)

A written report, accompanied by appropriate graphic illustrations, diagrams and plats, shall be submitted by the developers for review and approval by the planning commission and the city council; such report shall explain the type, nature, intent and characteristics of the proposed development, and shall specifically include, where applicable:

a.

A general description of the proposal;

b.

A detailed legal description of the location of the site;

c.

Proposed standards for development, including restrictions on the use of the property, density standards and yard requirements and restrictive covenants;

d.

Proposed dedication or reservation of land for public use, including streets, easements, parks and school sites;

e.

Variations from the requirements of the zoning ordinance, if any are being requested;

f.

Plan for the provision of utilities, including water, sewer, gas, electrical, telephone and storm drainage systems;

g.

Tables showing the total number of acres in the proposed development and the percentage designated for each proposed type of land use, including public facilities;

h.

Plans for parking, loading, access ways, signs and means of protecting adjacent areas from lighting and other potentially adverse effects;

i.

A statement defining the manner in which the city council is to be assured that all improvements and protective devices, such as buffers, are to be installed and maintained; and

j.

Tabulations showing the number of dwelling units by type, if any, and other data that the planning commission and the city council may require;

(3)

The following certificates shall accompany the plan:

a.

Owner's certificate of accuracy;

b.

Evaluation of the soil characteristics of the site by the district conservationist or the soil conservation service;

c.

Approval of the proposed design of the water and sewer systems by the waterworks and sewer board;

d.

Approval of the proposed design for provisions of electrical, gas and telephone service by the Alabama Power Company, the Southeast Alabama Gas District and the General Telephone Company;

e.

Certification by a registered engineer that the design and material standards of streets, sidewalks and drainage structures meet accepted standards and will be constructed in accordance with the approved plans; and

f.

Approval of the proposed location of a septic tank and filter fields or approval of an alternate method of sewage treatment by the Butler County Health Department, if the public sewer system is not accessible;

(4)

In all planned unit developments, all provisions of Article IX, Article X and this article shall govern, unless relief is granted by the planning commission and the city council.

1107.2 Administrative procedures with regard to planned unit developments. Any request pertaining to the establishment of the planned unit development shall be administered in the same manner as an amendment to the zoning ordinance and processed in accordance with the regulations set forth in Article XV of this ordinance. All data set forth in subsection 1107.1 shall be submitted to the planning commission and subsequently forwarded to the city council with the recommendation of the planning commission. If approved by the city council, all information pertaining to the proposal shall be officially adopted by the city council and shall define the standards of development for that particular planned unit development.

(a)

All subsequent development in the project shall conform to the standards adopted for that particular planned unit development regardless of any changes in ownership. Any proposed changes in the planned unit development shall be treated in the same manner as amendments to the zoning ordinance and must be considered in accordance with procedures set forth in Article XV of this ordinance. Appeals based on hardship or an alleged misinterpretation of the ordinance by the building inspector shall be processed in accordance with procedures set forth in Article XIV.

(b)

Before approval of a planned unit development, the city council may require a contract with safeguards satisfactory to the city attorney guaranteeing completion of the development plan in a period to be specified by the city council, but which period shall not exceed five (5) years unless extended by the city council for due cause shown. Such guarantee may include the submission of a performance bond in an amount as set by the city council.

(c)

The violation of any provisions of the plans, as submitted under the provisions provided herein, shall constitute a violation of this ordinance.

1107.3 Permitted developments. Any planned large-scale development which meets the provisions of this ordinance and is considered by the planning commission and the city council to be appropriate for planned unit development may be so classified. Such planed unit development might, with proper safeguards, encompass areas proposed or designated for preservation for historical, conservation, agricultural, recreation or flood-control purposes; and may include areas to be utilized for specialized purposes, such as educational, civic, governmental, transportation or recreation complexes. Planned unit developments may contain a combination of residential, commercial and industrial uses provided that each use conforms to the regulations for the particular district in which that specific use is located.

1107.4 General design criteria and development standards. Overall site design should be harmonious in terms of landscaping, enclosure of principal and accessory uses, sizes, and streets patterns and use relationships. Variety in building types, heights, facades, setbacks and size of open spaces shall be encouraged.

(a)

Densities per acre for residential dwelling units and internal dimensional requirements for each planned unit development may be set by the city council, upon recommendation of the planning commission.

(b)

Parking, loading and other requirements for each planned unit development may be set by the city council upon recommendation of the planning commission. The standards of Article X shall serve as a general guide to such requirements for uses proposed for location in a planned unit development.

(c)

Where a nonresidential planned unit development abuts a residential district, buildings and activities must be set back a sufficient distance from the separating property line. This setback shall be not less than thirty (30) feet for public or institutional uses and fifty (50) feet for commercial or industrial uses, the distance separating all buildings and activities from surrounding residential districts should in fact be great enough to constitute a reasonable buffer. Loading docks and truck maneuvering areas and terminals, where possible, should be further removed from residential lot lines than buildings. Where a nonresidential planned unit development has property lines abutting a residential district, there shall be a ten (10) foot planted evergreen buffer strip along the rear and side lot lines adjacent to the residential district.

(d)

Within a planned unit development the design should include buffers suitable for screening residential areas from institutional, commercial and industrial uses when a danger of incompatibility appears to exist.

(e)

Lighting facilities shall be arranged in a manner which will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.

(f)

In planned unit developments, areas used for parking and loading or for trafficways shall be physically separated from public streets by suitable barriers against unchanneled motor vehicles ingress and egress. Shopping centers and other individual commercial, industrial, institutional and multifamily uses shall have not more than two (2) access points to any one public street, unless unusual circumstances demonstrate the need for additional access points.

Use of land lying within the areas subject to periodic floodings shall be governed by the following regulations:

1108.1 No new residential structure shall be erected in the floodway fringe areas, and no existing residential structure shall be extended or moved unless the lowest floor (including basements) of said structure is placed above the elevation of projected flooding.

1108.2 No nonresidential structure or building shall be erected, relocated, extended or substantially improved in the floodway fringe areas unless the lowest floor (including basements) of said structure or building is placed above the elevation of projected flooding; or said structure together with attendant utility and sanitary facilities shall be floodproofed up to the elevation of projected flooding.

1108.3 Land may be filled within the floodway fringe areas, provided such fill extends twenty-five (25) feet beyond the limits of any structures erected thereon; and

1108.4 In a designated floodway, no building may be erected, land filled, or materials or equipment stored.

1108.5 Where a floodway has not been designated, any structures proposed to be located within one hundred (100) feet of any main drainage channel or stream (hereafter referred to as stream) within the city must be approved by the planning commission. The planning commission with the advice of the city engineer shall determine, on the basis of the area of the watershed and the probable runoff, the floodway or openings needed for the stream, or how far a structure or fill must be located from the stream in order to assure adequate space for the flow of floodwater. However, no building or fill shall be permitted within twenty-five (25) feet of the banks of any stream.

Cross reference— Flood damage prevention, Ch. 8.

1109.1 Short Title. This section shall be known as the "Mac Crenshaw Memorial Airport Zoning Ordinance."

1109.2. Definitions. As used in this section, unless the context otherwise requires:

(1)

Airport—The Mac Crenshaw Memorial Airport.

(2)

Airport elevation—The established elevation of the highest point on the usable landing area measured in feet from mean sea level. For the Mac Crenshaw Memorial Airport, this value is 451.12 feet MSL.

(3)

Airport hazard—Any structure or tree or use of land which obstructs the air space required for the flight of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing, taking off, or flight at an airport, or at any installation or facility relating to flight, and tracking and/or data acquisition of the flight craft; hazardous, interfering with, or obstructing such landing, taking off, or flight of aircraft or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles.

(4)

Airport hazard area—Any area of land or water upon which an airport hazard might be established if not prevented as provided in this section.

(5)

Airport reference point (ultimate)—The point established as the approximate geographic center of the airport landing area and so designated. For the Mac Crenshaw Memorial Airport, this point is defined as Latitude N31 degrees, 50 minutes, 44.50 seconds, and Longitude W86 degrees, 36 minutes, 38.66 seconds.

(6)

Approach surface—A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 1109.4 of this section. The perimeter of the approach surface coincides with the perimeter of the approach zone.

(7)

Approach, transitional, horizontal, and conical zones—These zones are set forth in Section 1109.3 of this section.

(8)

Conical surface—A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of five hundred sixty (560) feet.

(9)

Hazard to air navigation—An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

(10)

Height—For the purpose of determining the height limits as to all zones set forth in this section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(11)

Horizontal surface—A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which plane coincides with the perimeter of the horizontal zone.

(12)

Landing area—The surface area of the airport used for the landing, takeoff, or taxiing of aircraft.

(13)

Nonconforming use—Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this section or an amendment thereto.

(14)

Nonprecision instrument runway—A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

(15)

Obstruction—Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 1109.4 of this section.

(16)

Person—An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

(17)

Precision instrument runway—A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

(18)

Primary surface—A rectangular surface longitudinally aligned with the runway and defined by the largest rectangular area definable containing the runway within the Mac Crenshaw Memorial Airport property boundaries. For Runway 14-32 at the Mac Crenshaw Memorial Airport, a five thousand five hundred (5,500) foot long Runway with non-precision instrument approaches with visibility minimums greater than three-fourths mile, the Primary Surface is a rectangular area five hundred (500) feet in width (east-west orientation) and five thousand nine hundred (5,900) feet in length (north-south orientation). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(19)

Runway—A defined area on an airport prepared for landing and take-off of aircraft along its length.

(20)

Structure—An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

(21)

Transitional surfaces—These surfaces extend outward and upward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

(22)

Tree—Any object of natural growth.

(23)

Visual runway—A runway intended solely for the operation of aircraft using visual approach procedures.

(24)

Utility runway—A runway that is constructed for and intended to be used by propeller driven aircraft twelve thousand five hundred (12,500) pounds maximum gross weight and less.

1109.3. Zones. In order to carry out the provisions of this section, there are hereby created and established certain zones, which include all of the land lying beneath the approach surface, transitional surfaces, horizontal surface, and conical surface as they apply to the Mac Crenshaw Memorial Airport. Such zones are shown on a zoning map consisting of sheets 1-3 inclusive, which is attached to this section as Attachment A* and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows:

Note— Attachment A is not set out herein, but on file as an attachment to Ord. No. 2002-01.

(1)

Approach zones.

A.

Runway 14 Approach zone is established beneath the approach surface at the end of Runway 14 on Mac Crenshaw Memorial Airport for nonprecision instrument landings and takeoffs. The inner edge of the approach zone shall have a width of five hundred (500) feet which coincides with the width of the primary surface at the North end of the primary surface, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at horizontal distance of ten thousand (10,000) feet beyond the end of the primary surface, its centerline being continuation of the centerline of the primary surface.

B.

Runway 32 Approach zone is established beneath the approach surface at the end of Runway 32 on Mac Crenshaw Memorial Airport for non-precision instrument landings and takeoffs. The inner edge of the approach zone shall have a width of five hundred (500) feet which coincides with the width of the primary surface at the South end of the primary surface, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet beyond the end of the primary surface, its centerline being the continuation of the centerline of the primary surface.

(2)

Transitional zones. Transitional zones are hereby established beneath the transitional surface adjacent to each runway and approach surface as indicated on the zoning map. Transitional surfaces, symmetrically located on either side of runways—have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7:1 from the sides of the primary surface and from the sides of approach surfaces.

(3)

Horizontal zone. The area beneath a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of runway(s) 14 and 32 and connecting the adjacent arcs by lines tangent to those arcs.

(4)

Conical zone. The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of five hundred sixty (560) feet.

1109.4. Height Limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1)

Approach zones.

A.

Runway 14: One (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point ten thousand (10,000) feet from the end of the primary surface.

B.

Runway 32: One (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point ten thousand (10,000) feet from the end of the primary surface.

(2)

Transitional zones. Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation which is 451.12 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

(3)

Horizontal zone. Established at one hundred fifty (150) feet above the airport elevation, or a height of 601.12 feet above the mean sea level.

(4)

Conical zone. Slope twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of one hundred seventy-eight (178) feet above the airport elevation.

1109.5. Use Restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking-off, or maneuvering of aircraft intending to use the airport.

1109.6. Nonconforming Uses.

(1)

Regulations not retroactive. The regulations described by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the relations as of the effective date of this section, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and which has been diligently prosecuted.

(2)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Greenville Planning Commission to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Greenville.

1109.7. Permits.

(1)

Future uses. Except as specifically provided in A, B, and C hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with Section 1109.7, paragraph (4).

A.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

B.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than five thousand one hundred (5,100) feet from each end of the runway no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

C.

In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transitional zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this section except as set forth in Section 1109.4, paragraph (5).

(2)

Existing uses. No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this section or any amendments hereto or than it is when the application for a permit is made.

(3)

Nonconforming uses, abandoned or destroyed. Whenever the Greenville Planning Commission determines that a nonconforming structure or tree has been abandoned or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning relations.

(4)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree or use his property in violation of the regulations prescribed in this section, may apply to the Greenville Board of Adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe-efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the relations will result in unnecessary hardship and the relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this section. Additionally, no application for variance to the requirements of this section may be considered by the Greenville Board of Adjustment unless a copy of the application has been furnished to the manager of Mac Crenshaw Memorial Airport for advice as to the aeronautical effects of the variance. If the manager of the Mac Crenshaw Memorial Airport does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application.

(5)

Obstruction marking and lighting. Any permit or variance granted, if such action is deemed advisable by the Greenville Planning Commission or the Greenville Board of Adjustment to effectuate the purpose of this section and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to allow the City of Greenville to install, operate, and maintain, at the expense of the city, such markings and lights as may be necessary.

1109.8. Enforcement. It shall be the duty of the Greenville Planning Commission to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the planning commission upon a form published for that purpose. Applications required by this section to be submitted to the planning commission shall be promptly considered and granted or denied. Applications for variance shall be made to the Greenville Board of Adjustment by filing said application for variance determination.

1109.9. Appeals and Judicial Review.

(1)

Any person aggrieved by any decision of the Greenville Planning Commission, the Greenville Board of Adjustment or the Greenville City Council made in administration of this section may appeal such decision to the Circuit Court of Butler County, Alabama.

(2)

All appeals hereunder must be taken within ten (10) days after such ruling by filing a notice of appeal specifying the grounds thereof. The notice of appeal shall forthwith be transmitted by the City Clerk of the City of Greenville to the Clerk of the Circuit Court for Butler County, Alabama and shall include papers constituting the record upon which the action appealed from was taken.

(3)

An appeal shall stay all activities in furtherance of the action by the application and appeal in accordance with applicable law.

1109.10. Enforcement and Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this section, the Greenville City Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent, restrain, correct, or abate any such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. No. 2002-01, §§ 1—10, 2-25-02)

1110.01 Applicability. In the following named districts, development shall not proceed until a development plan has been submitted to, and approved unconditionally by the planning commission or other authority as designated herein:

1110.2 Purpose. The purpose of development plan review and approval is to ensure that all new construction in the above listed districts will meet the minimum standards of the zoning, floodplain, subdivision, traffic, fire, health and other applicable ordinances, codes, regulations, etc. applicable to development in the City of Greenville.

1110.3 Scope. Development plans shall:

a.

Include all site information set forth elsewhere in ordinances, codes, regulations etc. for development in the City of Greenville, especially pertaining to any required subdivision of land, rezoning, variances, health, water/sewer, and/or building permits, as may apply to a given development proposal; and

b.

Show the proposed development in detail sufficient to enable the planning commission to determine impact of the proposed development on:

(1)

The character of the surrounding neighborhood.

(2)

Matters of public safety and welfare, such as (but not limited to) traffic flow, noise levels and congestion; and

(3)

The capacity of public, service and commercial resources such as (but not limited to) utilities, public safety, streets, schools, health care, recreation, public service agencies, retail outlets, and private service providers to serve the proposed development satisfactorily.

1110.4 Content. At initial submission, the developer shall provide six (6) sets of scaled site plans showing clearly:

a.

Location and lot dimensions, including existing lots and any proposed subdivision.

b.

Public and private easements, existing and proposed.

c.

The location, shape, height, type of construction and use of each proposed building on each proposed lot to be developed.

d.

The number of dwelling units, if any, within each building to be constructed.

e.

Existing and proposed setbacks of all existing and proposed buildings on existing and proposed lots within the development, and existing setbacks on parcels adjoining the parcel proposed for development.

f.

Layout and type of surfacing of existing and proposed off street parking and loading/unloading spaces.

g.

Existing and proposed curb cuts, and ingress/egress routes from/to existing public streets.

h.

Existing and proposed surface drainage.

i.

Location and size of existing and proposed public water and sewer mains serving the proposed development, and/or layout, design, capacity and other appropriate specifications of any proposed nonpublic water/sewer service.

j.

Location of existing and proposed fire hydrants.

k.

Location, height and materials of existing and proposed fences, walls and vegetation buffers.

l.

Elevation(s) of finished floors of all existing and proposed principal structures and attached accessory structures.

m.

Other site information required for permits and licenses applicable to the proposed development.

1110.5 Process

a.

Development plans shall be submitted to the building inspector for preliminary review, which shall be completed within fifteen (15) calendar days, unless consultation with the developer is required. When such is required, the building inspector shall complete an initial review within the fifteen-day period, consult as appropriate with the developer for items needed, and complete the preliminary review in a timely manner.

b.

Once the preliminary review has been completed, the building inspector shall forward the development plan to local utilities, fire and police departments, as well as local health, soil conservation, educational, etc. authorities as appropriate, for comments and recommendations, which to be considered, shall be forwarded to the building inspector within fifteen (15) calendar days after receipt.

c.

After receiving comments and recommendations from other authorities, or after the fifteen-day period has elapsed, the building inspector shall provide the developer all comments and recommendations received, and the developer shall be given fifteen (15) calendar days to consider comments and recommendations, and to modify the proposed development if so desired.

d.

Following developer review of comments and recommendations, and modification of the development plan as desired, or after the fifteen-day period has elapsed, the building inspector shall prepare final technical recommendations, and forward the development plan, his technical recommendations and all comments and recommendations received, to the planning commission for consideration at its next regular meeting.

e.

The planning commission shall review the development plan, consider all comments and recommendations, and within thirty-one (31) calendar days thereafter shall either:

(1)

Approve without conditions;

(2)

Approve with conditions that must be met before a building permit can be issued; or,

(3)

Disapprove the proposal.

f.

Approval or approval with conditions shall embody all required planning commission approvals, including recommended rezoning and subdivision approval.

g.

Approval with conditions may include:

(1)

Conditions imposed by the planning commission as the result of its review, which may be removed by the building inspector when such conditions are satisfied;

(2)

Conditions based on recommendations submitted by other authorities, which may be removed by the building inspector subsequent to these other authorities agreeing that such conditions have been satisfied; and/or

(3)

Conditions involving the necessity for the developer to obtain a zoning ordinance amendment, a variance, or other permit(s)/approval(s) beyond the purview of the planning commission, which may be removed by the building inspector when the developer has obtained such permits and/or approvals.

1110.6 Fee. [Refer to local resolution]

(Ord. No. 1988-2, § 6, 2-1-88; Ord. No. 1997-6, § 1, 7-22-97)