(Ord. No. 558, § 1, 9-26-1972; Ord. No. 951, § I, 5-13-1997; Ord. No. 1034, § 2, 8-24-1999; Ord. No. 1215, § 1, 11-22-2005; Ord. No. 1319, § 1, 3-24-2009; Ord. No. 1346, §§ 1, 2, 7-13-2010; Ord. No. 1361, §§ 2, 5, 10-25-2011; Ord. No. 1413, §§ 1—3, 1-27-2015; Ord. No. 1439, § 4, 4-26-2016; Ord. No. 1469, § 1, 10-10-2017; Ord. No. 1490, § 2, 1-22-2019)

_____

There is hereby created an R-4 residential district (single-family semiattached) for those areas so designated by this ordinance and the zoning map of the City of Hartselle, Alabama, which R-4 districts shall allow single-family semiattached residences, subject to use regulations common to all R districts as set forth in section 21 hereof, and further subject to the following requirement and conditions:

(1)

General requirements.

(a)

Single-family semiattached dwellings shall not form long, unbroken lines of row housing. No more than eight contiguous units shall be allowed.

(b)

Each single-family semiattached dwelling unit shall be constructed on its own lot.

(c)

Lots adjoining those of a different zoning district: Where R-4 lots adjoin (in any manner or configuration) those in any other zoning district, minimum building setbacks from the common property line shall be equal to the minimum required in the adjoining district or 20 feet, whichever is greater.

(d)

Maximum density (exclusive of public right-of-way) shall not exceed 12 dwelling units per acre per development.

(e)

No unit within an R-4 district shall have direct access to an existing major thoroughfare or collector as defined by the zoning ordinance or comprehensive plan; or a major thoroughfare or collector as shall be defined by future plans adopted by the planning commission of the City of Hartselle.

(2)

Specific requirements.

(a)

Minimum lot size—2,000 square feet.

(b)

Minimum lot size at building line—20 feet.

(c)

Minimum front yard setback—25 feet.

(d)

Minimum side yard setback on interior at unattached ends)—Ten feet.

(e)

Minimum side yard setback—20 feet.

(f)

Maximum structure height in stories—Primary structure: Three; accessory structure: One.

(g)

Accessory structure setbacks—Five feet.

(h)

Minimum off-street parking spaces per dwelling—As required for "dwelling, single-family" per section 17, herein.

(i)

Maximum building area—60 percent.

(3)

Uses prohibited. Any use not permitted, or permitted on appeal, is prohibited.

(Ord. No. 716, § 1, 2-24-1987; Ord. No. 1490, § 4, 1-22-2019; Ord. No. 1512, § 1, 1-14-2020)

(a)

Purpose. R-5 residential districts allow detached, single-family residences at a higher density than other residential districts. The intent is to provide affordable, single-family housing with lower maintenance requirements. It provides flexibility in locating structures to allow for changes in market demands, yet provides safeguards against some negative effects attributed to single-family housing on smaller lots.

(b)

Establishment of districts. There is hereby created an R-5 residential district (single-family, patio home) for those areas so designated by this ordinance and the official zoning map of the City of Hartselle, Alabama. R-5 districts shall be subject to all regulations common to all R districts as set forth in section 21 of the Hartselle Zoning Ordinance, and further subject to the following requirements and conditions.

(c)

Land use.

(1)

Uses permitted by right: Single-family residences, as well as those uses permitted in all R districts as set forth in section 21.

(2)

Uses permitted on appeal: Those uses permitted on appeal in all R districts as set forth in section 21.

(3)

Uses prohibited: any other than those permitted by right or on appeal.

(4)

Each dwelling unit shall be constructed on its own lot.

(d)

Dimensional and density requirements.

(1)

Minimum lot size: 5,000 square feet.

(2)

Minimum lot width at building line: 45 feet.

(3)

Minimum setbacks from property line or right-of-way:

a.

Front yard: 20 feet.

b.

Side yard: As need to provide a minimum of ten feet between structures, but not less than five feet from the lot line.

c.

Rear yard: 25 feet.

d.

Reserved.

e.

Lots adjoining those of a different zoning district: Where R-5 lots adjoin (in any manner or configuration) those in any other zoning district, minimum building setbacks from the common property line shall be equal to or greater than the minimum required in the adjoining district.

(4)

Maximum building area: 50 percent of lot area.

(5)

Maximum density: Seven dwelling units per gross acre.

(e)

Structural requirements.

(1)

Maximum structure height in stories: Primary structure: Three; Accessory structure: One.

(f)

Vehicular access. No lot within an R-5 district shall have direct vehicular access to an existing or planned major thoroughfare (i.e. "collector street" or higher street classification) as defined by the comprehensive plan, zoning ordinance, or future plans adopted by the Hartselle Planning Commission.

(g)

Minimum off-street parking spaces per dwelling. As required for "dwelling, single-family" per section 17 herein.

(Ord. No. 900, § 1, 12-13-1994; Ord. No. 1034, § 3, 8-24-1999; Ord. No. 1256, §§ 4, 5, 11-28-2006; Ord. No. 1439, § 2, 4-26-2016; Ord. No. 1490, §§ 5—7, 1-22-2019; Ord. No. 1512, § 2, 1-14-2020)

(a)

Purpose. The purpose of this chapter is to ensure a minimum standard of site development for manufactured home park developments in the city.

(b)

Definitions.The following definitions shall be applicable for the purposes of this chapter:

Manufactured home. As defined per section 39 herein, and further conforming to the following: Containing one dwelling unit of not less than 800 square feet in finished and conditioned living space; constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 422 U.S.C. section 5401 et seq.; and conforming to all other applicable local, state and federal codes.

Manufactured home space means a well-defined area of sufficient size to accommodate one manufactured home within a manufactured home park development.

Manufactured home stand means a permanent foundation of sufficient area to accommodate a manufactured home and its appurtenances, such as canopies, patios and porches.

Roadway means a vehicular circulation route within a manufactured home rental district.

Site means a parcel of raw land comprising the total land area proposed for development as a manufactured home park development.

(c)

Construction permit required. Construction of, addition to, or extension of a manufactured home park development may not commence until a construction permit has been obtained. A construction permit may not be issued until the development plan has been approved by the Hartselle Planning Commission in accordance with this chapter.

(d)

Application for construction permit—Information required. The following shall be reflected on the application for a construction permit:

(1)

Name and address of the applicant;

(2)

Legal description of the site;

(3)

Development plan, prepared in accordance with this chapter;

(4)

Proof of ownership or legal land option.

(e)

Manufactured home park developments—general requirements.

(1)

The development shall be sited on not less than five acres and subject to the density provisions of the R-2 district;

(2)

The development shall be located on a well-drained site, graded to insure proper drainage and freedom from stagnant pools of water;

(3)

The site shall abut and have direct access to a public street. The minimum width of the site for said access shall be 60 feet;

(4)

Permanent residential structures, other than manufactured homes, shall not be located within a site to be developed as a manufactured home park development;

(5)

Each development shall have at its perimeter a minimum yard of 25 feet allowing no structures to be placed or erected within this requirement;

(6)

No building or structure erected or placed shall have a height greater than three stories or 35 feet;

(7)

Accessory structures shall not exceed one story in height and shall be no larger than 33 percent of the total square footage floor area of the dwelling which occupies that space. Accessory structures must be located in the rear yard behind the main dwelling and shall have a rear setback of five feet;

(8)

All required yards shall be landscaped and maintained;

(9)

A development shall be entirely enclosed, exclusive of driveways, at its external boundaries by an opaque structure and planting, such as a fence and evergreen hedge, not less than six feet in height;

(10)

Signage shall conform to the provisions of section 27 herein;

(11)

Roadways shall be designed to provide convenient circulation and access to manufactured home spaces and to facilities for common use by occupants. Roadways shall recognize existing easements and otherwise permit connection to existing facilities where necessary for the proper functioning of the drainage and utility systems;

(12)

Entrances and exits to the development shall be designed for safe and convenient movement of traffic into and out of the development. Access points to public streets shall have a right-of-way width of 60 feet. The minimum pavement width of access points shall be 40 feet;

(13)

The minimum distance between access points along street frontages shall be as follows: Between a one-way access point and another access point, centerline to centerline/200 feet; Between two-way access points, centerline to centerline/300 feet;

(14)

A point of access shall not be permitted within 100 feet of the curbline (or street line if there is no curb) of any public street intersection;

(15)

On sites with less than 100 feet of street frontage, there shall be only one point of access; on sites with less than 400 feet of street frontage, there shall be not more than two points of access;

(16)

Restrictive covenants or homeowner's agreement shall be recorded in the office of the probate judge of Morgan County, Alabama as part of the development plan;

(17)

Improvements within a development shall meet the minimum requirements of the Hartselle subdivision regulations;

(18)

All foundations and supports shall meet current city building codes;

(19)

Each development shall be provided with a connection to a public sanitary sewer line and a public water line of sufficient size and capacity to meet all current city and utility requirements;

(20)

There shall be provided open space within the development at a minimum of ten percent of the total land area of the site;

(21)

All access points to public streets shall be by internal streets. No dwelling unit shall have direct access to a public street;

(22)

All improvements shall be the responsibility of the developer;

(f)

Specific requirements.

(1)

Minimum lot size: 4,000 square feet.

(2)

Maximum building area: 50 percent of the lot area.

(3)

Minimum lot width: 40 feet for singlewides, 50 feet for doublewides.

(4)

Minimum front setback: 20 feet.

(5)

Minimum rear setback: Ten feet, unless at perimeter, then 25 feet.

(6)

Minimum side setback: Ten feet.

(7)

Maximum density: Ten lots per acre.

(8)

Off-street parking: Two paved spaces per lot; access street by paved driveway.

(g)

Additional requirements.

(1)

Manufactured homes on the lot of an authorized and licensed manufactured home dealer exhibiting same for sale are exempt from these provisions;

(2)

Service buildings housing laundry, sanitation or other facilities for use by development occupants shall be permanent structures complying with all applicable codes. Service buildings shall be well lighted at all times and shall be adequately ventilated, heated and maintained;

(3)

There shall be at least 25 feet between permanent buildings on the development site and any manufactured home space;

(4)

Parking for the clubhouse/office shall be a minimum of two parking spaces for every ten manufactured home spaces.

(h)

Review procedure.

(1)

Preliminary review. Seven copies of the preliminary development plan, drawn to a scale of not less than 1"=100', containing the information required, shall be submitted to the Hartselle Planning Office for preliminary review. The fee for submittal shall be $100.00. Upon approval by the Hartselle Planning Commission, the preliminary development plan is valid for a period of 12 months from the date of such approval.

(2)

Final review. Thirteen copies (seven full construction sets, six layout sets) of the final development plan, drawn to a scale of not less than 1"=100', containing the information required, shall be submitted to the Hartselle Planning Office for final review. The fee for submittal shall be $200.00. Upon approval by the Hartselle Planning Commission, the final development plan is valid for a period of 24 months from the date of such approval, after which it becomes void unless a construction permit has been issued as per the provisions outlined in the Hartselle Municipal Code.

The following notes must appear on the face of the preliminary and final development plans:

"Road grades shall not exceed ten percent."

"This development shall be served by public sanitary sewer."

"This property is not (is) in an area designated as a special flood area, as shown on Community Map/Panel Number_______, Effective Date_______."

(i)

Plans and schedules required.

(1)

Preliminary. All preliminary development plan requirements as specified in the City of Hartselle Municipal Code, as well as the following, shall be shown on the preliminary development plan.

a.

General location map;

b.

Boundaries of the site;

c.

Warranty deed(s);

d.

Total acreage;

e.

Name and address of applicant(s) and property owner(s);

f.

Name and address of the preparer of the development;

g.

Location and size of all open area;

h.

Manufactured home spaces numbered in consecutive order;

i.

Location and dimensions of proposed internal streets, structures, manufactured home spaces, refuse dumpster pad(s) and off-street parking spaces;

j.

Location and size of all existing and proposed utilities, including fire hydrants;

k.

Dimensions and points of access to public streets;

l.

Location and size of all easements on and adjacent to property;

m.

Site topography map;

n.

Existing and proposed drainage ways and improvements;

o.

Location of all fences/plantings and indication of their height and the materials of their construction;

p.

Location and use of all permanent buildings;

q.

All setback lines as required;

r.

Date of revision.

(j)

Final. All final development plan requirements as specified in the City of Hartselle Municipal Code, as well as the following, shall be shown on the final development plan.

(1)

General location map;

(2)

Boundaries of the site;

(3)

Total acreage;

(4)

Name and address of the applicant(s) and property owner(s);

(5)

Name and address of the preparer of the development;

(6)

Manufactured spaces numbered in consecutive order;

(7)

Points of access to public streets;

(8)

All notes as required;

(9)

Certificate of Approval of Streets and Drainage:

The streets and drainage shown on this development plan have been reviewed and approved by the City of Hartselle.

By: _____
   Hartselle City Engineer
Date: _____

(10)

Certificate of Approval for Issuance of Construction Permit:

This development plan was approved by the Hartselle Planning Commission on_______, _______. This development plan is approved for the issuance of a construction permit.

By: _____
   Hartselle City Planner
Date: _____

NOTE: This development plan is void 24 months from the date of its approval unless a construction permit has been issued.

(11)

Certificate of Approval of Utilities:

The utilities shown on this development plan have been reviewed and approved by_______(servicing utility).

By: _____
   Utility Operations Manager
Date: _____

(Ord. No. 1010, § 2, 3-11-1999; Ord. No. 1596, § 2, 10-24-2023)

(a)

Purpose. The purpose of this chapter is to ensure a minimum standard of site development for manufactured home subdivisions in the City of Hartselle.

(b)

Definitions. The following definitions shall be applicable for the purposes of this chapter:

Manufactured home. As defined per section 39 herein, and further conforming to the following: Containing one dwelling unit of not less than 800 square feet in finished and conditioned living space; constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended, 422 U.S.C. section 5401 et seq.; and conforming to all other applicable local, state and federal codes.

Manufactured home stand means a permanent foundation of sufficient area to accommodate a manufactured home and its appurtenances, such as canopies, patios and porches.

Roadway means a vehicular circulation route within a manufactured [home subdivision.]

Site means a parcel of raw land comprising the total land area proposed for development as a manufactured home subdivision.

(c)

Construction permit required. Construction of, addition to, or extension of a manufactured home subdivision may not commence until a construction permit has been obtained. A construction permit may not be issued until the final plat of the subdivision has been approved by the Hartselle Planning Commission in accordance with this title.

(d)

Application for construction permit information required. The following shall be reflected on the application for a construction permit:

(1)

Name and address of the applicant;

(2)

Legal description of the site;

(3)

Final plat of the proposed subdivision, prepared in accordance with this chapter;

(4)

Proof of ownership or legal land option.

(e)

Manufactured home subdivisions—General requirements.

(1)

Each manufactured home shall be installed on its own lot;

(2)

No manufactured home or lot within an MHS district shall have vehicle access to an existing collector or arterial street;

(3)

All principal structures within an MHS district shall be single-family only;

(4)

All towing devices, wheels, axles, hitches and license plates shall be removed;

(5)

All manufactured homes shall have permanent steps, porches or decks on all outside doorways, the supports for which shall be permanently anchored in the ground to meet all applicable building codes;

(6)

All manufactured homes shall have at least a nominal 3:12 roof pitch and the roof shall have a surface of wood shakes, asphalt composition shingles, fiberglass or metal tiles;

(7)

Manufactured homes shall be installed as provided in the rules of the Alabama Manufactured Housing Commission Administrative Procedures Code;

(8)

The subdivision shall be sited on not less than three acres;

(9)

The development shall be located on a well drained site, graded to insure proper drainage and freedom from stagnant pools of water;

(10)

Permanent residential structures, other than manufactured homes, shall not be permitted;

(11)

Each development shall have at its perimeter a minimum yard of 25 feet allowing no structures to be placed or erected within this requirement;

(12)

No building or structure erected or placed shall have a height greater than three stories or 35 feet;

(13)

Accessory structures shall not exceed one story in height and shall be no larger than 33 percent of the total square footage floor area of the dwelling which occupies that space. Accessory structures must be located in the rear yard behind the main dwelling and shall have a rear setback of five feet;

(14)

All residential structures shall be placed parallel to the existing public street.

(f)

Specific requirements.

(1)

Minimum lot size: 9,000 square feet.

(2)

Maximum building area: 50 percent of the lot area.

(3)

Minimum lot width: 75 feet.

(4)

Minimum front setback: 20 feet.

(5)

Minimum rear setback: 20 feet; unless at perimeter, then 25 feet.

(6)

Minimum side setback: Ten feet.

(7)

Maximum density: Seven lots per acre.

(8)

Off-street parking: Two paved spaces per lot.

(g)

Uses prohibited. Any use not permitted or permitted on appeal is prohibited.

(h)

Review procedure. The development shall meet all requirements of the Hartselle subdivision regulations.

The following notes must appear on the face of the preliminary and final development plans:

"Road grades shall not exceed ten percent."

"This property is not (is) in an area designated as a special flood area, as shown on Community Map/Panel Number_______, Effective Date_______."

(Ord. No. 1010, § 2, 3-11-1999; Ord. No. 1574, § 6, 7-26-2022; Ord. No. 1596, § 3, 10-24-2023)

(a)

Intent. It is the intent of the PUD zone to permit a single zoning designation for developments planned to include a variation of residential and/or community shopping and service uses. The PUD zone, when approved in accordance with the preapproved master plan, is intended to grant the developer the ability to integrate a variety of uses without the establishment of multiple traditional zoning types. In exchange for this increased flexibility, the developer is required to provide common open space and amenities in excess of that required in traditional residential subdivisions. This exchange is intended to benefit the residents of the community through increased amenities and improved environmental protection and the city as a whole through the allowance of more unique and creative development designs.

(b)

Implementation procedure.

(1)

In order to obtain PUD zoning, the developer must submit a standard application for rezoning, signed by all property owners, and master plan of all phases of the development to the Hartselle Planning Commission for consideration and approval.

(2)

The submittal fee for the rezoning application shall be $150.00 plus advertising costs and the submittal fee for the preliminary master plan review shall be established based on the number of lots in all phases of the planned unit development as established for traditional layout plat submittals in the Hartselle Subdivision Regulations.

(3)

The master plan, application for rezoning, and all fees shall be submitted to the commission for consideration at the same meeting.

(4)

The submitted master plan shall include all elements required for a standard subdivision layout plat and shall also include a boundary designation of traditional zoning areas within the development (i.e., R-1, R-2, R-3, R-4, R-5, or B-1). These traditional zoning designations will determine the use, lot size, and setback standards for that area as stated in the regulations of that standard zoning type. Once approved, these area designations shall not be revised except with the resubmittal of the full master plan with submittal fee and approval thereof by the planning commission.

(5)

Upon approval of the master plan, the commission may forward a recommendation to approve a PUD zoning designation to the city council for the entire development property. Under no circumstances shall PUD zoning be granted for only a portion or single phase of the master planned property.

(6)

Following approval of the master plan by the planning commission, the city council shall hold public hearing on the matter and make a final ruling with regard to the zoning of the property to PUD under advisement of the planning commission recommendation. Under no circumstances shall a property be zoned to PUD without the preliminary approval of the development master plan by the planning commission.

(7)

In cases where PUD zoning is granted by the city council and the developer wishes to proceed with the development of the entire master planned property in a single phase, submittal of engineering plans for the development and the appropriate filing fee as designated in the Hartselle Subdivision Regulations may be submitted to the Hartselle Planning Commission for review as scheduled in the Hartselle Subdivision Regulations.

(8)

In cases where PUD zoning is granted by the city council and the developer wishes to proceed with the development of less than 100 percent of the development in phases, the developer shall resubmit a layout plat of the phase(s) to be initiated with the submittal fee as designated in the Hartselle Subdivision Regulations to the Hartselle Planning Commission for approval prior to the submittal of engineering plans.

(c)

General provisions.

(1)

Under no circumstances shall a parcel or combination of parcels totaling less than 30 acres be zoned PUD.

(2)

Under no circumstances shall a portion of an approved PUD zone be rezoned to another zoning designation without resubmittal and approval of the revised master plan by the planning commission and a minimum of 30 acres remaining zoned PUD.

(3)

Under no circumstances shall a single phase of a planned unit development be considered on less than 15 acres.

(4)

Under no circumstances shall less than 15 percent of the land area of any individual planned unit development phase be designated as common open space as defined in this subsection. An exception to this requirement may be considered by the planning commission in cases where the 15 percent required common open space for the phase, or fraction thereof, was fulfilled within a previously developed phase. In such cases, the planning commission may approve construction of the phase with only common open space set aside as needed to continue overall 15 percent allotment for the subdivision as developed and in conformance with all other requirements for common open space areas.

(5)

All parcels within a phase of the planned unit development shall be numbered as lots, including those areas designated as common open space, and shall further be considered as lots for the purpose of assessing submittal fees as stated in subsection (c)(2) of this section.

(d)

Commercial use areas.

(1)

Under no circumstances shall more than 10 percent of the land area of any individual planned unit development phase be designated and/or used for B-1 purposes.

(2)

Under no circumstances shall the operation of B-1 establishments within an approved planned unit development phase be permitted prior to the completion of all common open space areas and at least 50 percent of the residential units within that phase, including the issuance of certificates of occupancy for all said residential units.

(3)

Under no circumstances shall a structure within a B-1 area exceed 5,000 square feet in size.

(4)

Any establishment located within a B-1 area shall be subject to all site plan submittal, review and approval requirements of the Hartselle Planning Commission prior to their construction within the planned unit development.

(5)

The expansion or exterior reconfiguration of any building or reconfiguration of any commercial site within a B-1 area of a planned unit development shall be subject to all site plan submittal, review and approval requirements of the Hartselle Planning Commission prior to implementation.

(6)

The planning commission may require specific building placement, exterior building materials, and landscaping in excess of typical commercial site measures as deemed necessary to ensure aesthetic harmony with the surrounding community. Under no circumstances shall metal or exposed cinder block buildings be permitted.

(e)

Common open space.

(1)

Common open space shall be considered as parks, lakes, walking trails, playgrounds, picnic areas, or pavilions owned and maintained by the owners association or similar body for perpetual use by the residents of the community or, when accepted by the city council, owned by the City of Hartselle for perpetual use by all residents of Hartselle.

(2)

Under no circumstances shall streets, required sidewalks, residential yards, street or other rights-of-way, center medians, B-1 use areas and/or establishments, entryway gardens, parking lots or storage facilities of any kind be considered as common open space.

(3)

Undeveloped property such as forested areas or grassland may be considered as open common area when improved for safety and maintained so that such areas may be used for walking, hiking, and outdoor recreation.

(4)

Common open space required for any individual planned unit development phase shall be set aside in tracts of no more than 10 acres in size. An exception to this requirement may be granted by the planning commission in cases where a large lake and/or walking trail is proposed, in which case the area required for the development of such a feature may be increased beyond ten acres as deemed necessary by the planning commission.

(5)

Under no circumstances shall a combination of tracts less than one acre each in size together comprise more than 25 percent of required common open space in a development phase.

(6)

Upon review of the master plan, the planning commission may determine a proposed common open space to be inappropriate for such use due to location, topography, access, easements or other reasons. In such cases, the proposed common space shall not be counted toward the fulfillment of the 15 percent common open space requirement.

(f)

Permitted uses.

(1)

The preapproved development master plan shall include defined areas classified as either R-1, R-2, R-3, R-4, R-5, or B-1.

(2)

In all areas within any phase of a planned unit development designated for R-1, R-2, R-3, R-4, or R-5 purposes, uses permitted, permitted on appeal or prohibited shall be the same as those uses defined in the Hartselle Zoning Ordinance for that traditional zoning type.

(3)

In all areas within any phase of a planned unit development designated for B-1 purposes, the following use regulations shall apply.

a.

Uses permitted shall include only the following:

1.

Neighborhood stores and markets to include: markets; drug stores; florists; hardware stores; restaurants; fitness centers; daycare centers.

2.

Neighborhood services to include: laundry dry cleaning pickup stations; barber and beauty shops; shoe repair; offices; banks; post offices; pet grooming.

b.

Uses permitted on appeal to the board of zoning adjustment shall include only the following: self-service mini-storage facilities for use only by residents of the planned unit development; boat and/or recreational vehicle storage facilities for use only by residents of the planned unit development; general stores with the limitations stated in 1—5 below; any low-impact service or commercial use deemed by the board of zoning adjustment to be in conformance with the design of the master planned community and cause no negative impacts on area residents.

General store limitations:

1.

No more than two fuel pumps shall be permitted.

2.

No more than two fuel hoses per pump shall be permitted.

3.

No more than one canopy or awning shall be permitted.

4.

Canopy or awning shall not exceed 24' x 24' in size.

5.

Exterior lighting shall be subject to Planning Commission review upon site plan submittal and may be increased or reduced as deemed necessary by the commission to ensure a balance of safety and harmony with the surrounding neighborhood.

c.

Uses prohibited shall include auto service/repair centers; automobile dealerships; salvage yards; general stores not conforming to the limitations stated above; any use not specifically permitted or permitted on appeal herein.

(g)

Lot and building regulations.

(1)

All areas within the planned unit development shall be subject to the lot area, frontage, setback, and building height requirements of that traditional zone as noted on the approved master plan.

(2)

Under no circumstances shall the board of zoning adjustment grant variance from lot area or street frontage requirements for any lot within a planned unit development.

(Ord. No. 1185, § 1, 5-10-2005; Ord. No. 1490, § 8, 1-22-2019)

(1)

Intent. It is the intent of the RP zone to allow for a limited mixture of residential and professional uses along collector and arterial roadways while maintaining the general residential character of the neighborhood. Regulations for this district are intended to minimize the impact of nonresidential uses on neighboring residential properties.

(2)

Use regulations.

(a)

Uses permitted. Single-family dwellings; professional service offices for the following: attorney, accountant, software programmer/developer, data entry, dentist, physician, psychiatrist, optometrist, surgeon, chiropractor, engineer, architect, realtor, insurance agent, investment broker, charitable and philanthropic organization, mortgage company (excluding any company offering title and/or payday loans); photographer; arts/crafts studio, gallery and/or sales; up to four home occupation commercial events per calendar year, not to exceed 30 calendar days each in duration, provided that the subject property is at least five acres in size (and with concurrence of the police department with regard to traffic and parking plans); any use permitted for "all R districts" as per section 21 herein.

(i)

No more than one professional use shall be permitted to operate on the same property at any time. For the purpose of this provision, any operation involving more than one permitted professional use as stated herein shall be deemed to be in violation. This provision shall not be construed to prohibit multiple principals and/or employees working within the same office, provided that only one permitted professional use as stated herein is involved.

(ii)

No single-family residential dwelling shall be located on the same property as a permitted professional use unless such residential dwelling is contained within the same space as the professional use. For the purpose of this provision, a "space" is a single heated and cooled area having not more than one electricity or other utility service, and in which the entirety of the interior is accessible from any exterior entry door.

(b)

Uses permitted on appeal. Bed and breakfast inns; any use permitted on appeal for "all R districts" as per section 21 and not otherwise permitted or prohibited herein.

(c)

Uses prohibited. Multifamily residences; any otherwise permitted nonresidential use being operated within an office or dwelling unit(s) of a multifamily residential building; industrial uses; commercial uses not specifically permitted or permitted on appeal.

(3)

Specific requirements.

(a)

Minimum lot size: Nine thousand square feet.

(b)

Minimum lot width at building line: Seventy-five feet.

(c)

Minimum front yard setback: Thirty feet, or the average setback of existing structures on each side, whichever is less.

(d)

Minimum side yard setback: Primary structure: Ten feet; accessory structure: Five feet.

(e)

Minimum rear yard setback: Primary structure: Thirty feet; accessory structure: Five feet.

(f)

Maximum structure height in stories: Primary structure: Two; accessory structure: One.

(g)

Maximum building area percentage: Fifty percent of lot area.

(4)

Off-street parking. It is the intent of this ordinance that sufficient off-street parking be provided for nonresidential uses as necessary to not impede the movement of traditional residential traffic in the neighborhood. Professional offices shall conform to the minimum number of spaces required for the business type per section 17 herein, plus one space per resident when applicable.

(a)

All employee and customer parking areas shall be located entirely in the rear of the primary building and shall be screened from view as deemed necessary and appropriate by the planning commission. When required, screening shall consist of privacy fencing of at least six feet in height and/or evergreen plantings being at least six feet in height at the time of planting. The following rear yard parking exceptions shall apply:

(i)

Front yard driveway area may count for up to two required parking spaces, provided that vehicles may be parked in said driveway area without obstructing access to rear yard parking and/or obstructing the movement of any parked vehicle.

(ii)

When the subject property fronts more than one roadway, on-street parking along the curb of the local street(s) may count for up to two required parking spaces, provided that on-street parking is not otherwise prohibited by city ordinance. On-street parking shall not be permitted along a roadway classified as collector or arterial. On-street parking across the street or beyond the limits of the subject property frontage shall not be counted toward the minimum required number of parking spaces.

(iii)

Front yard parking may be utilized on a temporary basis for an approved home occupation commercial event when such parking has been approved by the police department (and BZA where permissible only on appeal).

(b)

All parking areas in this zone proposed to serve a nonresidential use shall conform to all applicable site plan requirements per section 47 herein, except that permeable surfaces may be permitted if deemed appropriate by the commission, and with any conditions deemed necessary by the commission to ensure functionality and aesthetic conformance with the neighborhood.

(c)

All parking areas in this zone proposed to serve a nonresidential use shall include maneuvering space sufficient to ensure that all vehicles can exit the parking area without backing into the driveway or street.

(d)

No front yard driveway intended to serve a nonresidential use shall be more than 16 feet in width.

(e)

Regardless of parcel boundaries, no parking area intended to serve a nonresidential use within the RP zone will be permitted outside of the boundaries of the RP zone.

(f)

No parking area intended to serve a nonresidential use shall be permitted to take primary ingress and/or egress from a local street.

(5)

Signage. In addition to temporary and permanent signs permitted in residential ("R") zones per section 27 herein, additional permanent signs are permitted only as follows:

(a)

When a lot is utilized for professional purposes as allowed by this ordinance, one permanent freestanding sign shall be permitted on such lot. On a lot utilized for only residential purposes, no such sign shall be allowed.

(i)

Permanent freestanding sign shall be a monument sign, shall have no visible pylon or posts, and shall be constructed of wrought iron, wood, brick, and/or natural stone materials.

(ii)

Permanent freestanding sign shall be no more than three feet in total structure height nor six feet in total structure length, and shall have a sign face area of no more than ten square feet.

(iii)

Sign illumination shall be limited to ground-mounted up-lighting or sign-mounted down-lighting of minimal brightness necessary to illuminate the sign face. Electrical service to a sign shall be entirely underground. Signs with electronic displays or internal illumination are prohibited.

(iv)

No sign shall be placed in a location where it might create an obstruction to traffic visibility by pedestrians, or by motorists entering/exiting a driveway or operating a vehicle within the public right-of-way, nor shall any sign be placed in a location where it might create an obstruction to any sidewalk.

(b)

Freestanding signs shall advertise no more than one business, and shall not advertise any business or entity not located and operating from the same parcel upon which the sign is located.

(c)

Freestanding signs shall be monument-style (no visible pylon or posts) and shall be constructed of wrought iron, wood, brick, and/or natural stone materials.

(d)

Freestanding signs shall not be located within any right-of-way.

(e)

Freestanding signs shall be no more than three feet in total structure height nor six feet in total structure length, and shall have a sign face area of no more than ten square feet on each side.

(f)

Sign illumination shall be limited to ground-mounted up-lighting of minimal brightness necessary to illuminate the sign face. Electrical service to a sign shall be entirely underground.

(g)

Mechanical and/or electronic signs, internally illuminated signs, building-mounted signs, window signs, portable signs, and temporary signs/banners are prohibited in this zone, except for the following:

(i)

Community event banners as permitted by section 27 herein.

(ii)

One temporary sign/banner may be placed on a parcel upon which a home occupation commercial event is being operated as permitted or permitted on appeal herein, provided that said temporary sign/banner is not located within any right-of-way, is placed no more than seven days prior to the beginning date of said event, and is removed no more than seven days after the conclusion of said event.

(h)

No sign shall be placed in a location where it might create an obstruction to traffic visibility by pedestrians, or by motorists entering/exiting a driveway or operating a vehicle within the public right-of-way, nor shall any sign be placed in a location where it might create an obstruction to any sidewalk.

(i)

Permitted signs shall additionally comply with the requirements of section 27 herein, except that when the provisions of said section 27 conflict with the provisions of this section, the more stringent shall govern.

(6)

Building/site design. It is the intent of this ordinance that all buildings within the RP zone maintain a residential character and conform aesthetically to the surrounding residential structures. Any new structure proposed to house a professional use, or existing structure proposed for a change in use from residential to professional (or combination of residential and professional), shall require the review and approval of site and building plans by the Hartselle Planning Commission prior to the issuance of a building permit or initiation of exterior work on the property. Site and building plans submitted for planning commission consideration shall include, at a minimum, the following:

(a)

Exterior building elevations with all exterior building materials clearly indicated. Under no circumstances will metal, vinyl, or masonry materials other than natural stone or brick be permitted for the structure exterior, except as specifically permitted by the planning commission for roof material and/or trim.

(i)

The primary customer entrance shall be located at the rear of the building. The front elevation of the structure shall maintain a strictly residential appearance.

(ii)

Conformance with all applicable provisions of the Americans with Disabilities Act (ADA), building code, and fire code shall be required.

(b)

Parking and screening meeting or exceeding the minimum standards for the zone as stated herein.

(c)

Location, dimensions, materials, and elevation renderings of proposed signage conforming to the signage standards for the zone as stated herein.

(d)

Notation that not more than two residential household garbage containers will be utilized on the property. No nonresidential refuse containers shall be permitted in this zone. No more than two nonresidential household garbage containers shall be permitted for any single property in this zone.

(e)

Site plans for new construction shall additionally comply with the requirements of section 47 herein, except that when the provisions of said section 47 conflict with the provisions of this section, the more stringent shall govern.

(Ord. No. 1485, § 1, 10-9-2018; Ord. No. 1491, § 1, 1-23-2019; Ord. No. 1514, § 2, 1-14-2020; Ord. No. 1556, § 3, 11-9-2021)

_____

Cross reference— Businesses, ch. 18.

_____

(Ord. No. 1034, § 4, 8-24-1999; Ord. No. 1082, §§ 2, 5, 12-12-2000; Ord. No. 1344, § 1, 7-13-2010; Ord. No. 1382, § 1, 10-23-2012; Ord. No. 1410, §§ 1, 2, 1-27-2015; Ord. No. 1428, § 2, 12-9-2015; Ord. No. 1438, §§ 1—3, 4-12-2016; Ord. No. 1460, §§ 1, 2, 4-11-2017; Ord. No. 1486, §§ 1, 2, 10-9-2018; Ord. No. 1540, § 1, 6-23-2021; Ord. No. 1553, §§ 7—9, 10-13-2021)

(a)

B-3 district established. There is hereby established and added to the list of such districts provided for in Ordinance Number 494 of the City of Hartselle, Alabama, as amended, a district to be designated and known as B-3, central business district (CBD).

(b)

Downtown design review board.

(1)

There is hereby established a downtown design review board. The members of the downtown design review board shall be appointed by the city council and shall be subject to the supervision and direction of the planning commission. Such board shall consist of five members, at least three of whom shall be property owners or lessees within the B-3 district regardless of city residency, and no more than two of whom may be city residents at large. With exception of the first board as structured by the original ordinance, terms of office shall be four years with vacancies filled by appointment by the city council and such appointees serving the remainder of the unexpired term. All members shall serve without compensation.

(2)

The downtown design review board shall establish bylaws which shall include establishment of regular meeting dates. Such meetings shall be open to the public and shall conform to all applicable public notice requirements.

(3)

The downtown design review board shall receive assistance from city staff in performing its functions. All projects initiated by the city or other authorized entities within the city which will affect the CBD area shall be coordinated with the downtown design review board.

(4)

The downtown design review board shall have the following responsibilities and powers:

a.

Establish criteria for the requirements of, and for reviewing plans of pedestrian plazas; parking areas; parks; landscape areas; fences; patios; signs; exterior renovations or alterations of existing buildings; paint or other exterior building finish colors, textures, and patterns or designs; construction of new buildings; and waste container locations.

b.

Review and approve or deny all site plans for pedestrian plazas, parking areas, landscape areas, and parks; all plans for fencing and patios; all plans for exterior renovations or alterations of existing buildings; and exterior color or color change; construction of new buildings; and waste container locations.

c.

Review and approve proposed color, size, and placement of exterior signage.

d.

Review recommended changes to the B-3 (central business district) section of the zoning ordinance, and provide board recommendations to the planning commission and city council with regard to the approval or denial of such changes.

(5)

Criteria for reviewing applications shall be established by the board and shall be maintained on file with the city planner or city building inspector.

(6)

No alteration, renovation, color change, or other change to the exterior of any existing building, or the construction of any new building, shall be commenced without written approval of all elements associated with such alteration, renovation, change or construction (as to exterior features only on new construction) by the downtown design review board, and no building permit shall be issued by the City of Hartselle for any such work requiring a building permit without such written approval being first obtained.

(7)

When a certificate of occupancy is required, no such certificate shall be issued until the downtown design review board has given its approval for same and recorded such approval in the meeting minutes of the board.

(8)

The reasons for any denial shall be clearly documented in the meeting minutes, and shall be based on nonconformance with adopted criteria. Any persons aggrieved by any decision of the downtown design review board may appeal the decision to the planning commission by notifying the city planner within 30 days from the date of the board's action. Appeals must be documented by a full report from the downtown design review board. decisions of the planning commission shall be subject to review by the city council by application for review within 30 days of any such decision. The council's decision shall be final and binding.

(9)

Enforcement of action by the downtown design review board.

a.

Violations of appendix A, section 22.1 shall be deemed a "violation of this Code" under Hartselle City Code section 1-7 and treated accordingly.

b.

The downtown design review board will serve as a recommending body to the city council with regard to taking punitive, injunctive, and/or implementing other municipal compliance and violation remedies as allowed by the city code or other law, but this provision shall not be construed to limit the authority to initiate and pursue such actions by city enforcement officials without such recommendation by said board.

c.

The Downtown Design Review Board shall not be compelled to consider any applications pursuant to the provisions of this section 22.1 which do not comply with any criteria said Board may require as to accompanying detailed and accurate plans, drawings, illustrations, models, samples, specifications or other illustrations or information.

d.

It shall be unlawful to violate any provisions of this appendix A, section 22.1 or the conditions of any approval by the downtown design review board.

e.

Any variance in finished construction, alteration, renovation, color, texture, material or other aspect from submitted and approved plans, drawings, illustrations, models, samples, specifications or other illustrations or information shall be deemed a violation of the condition of approval and shall be unlawful and subject to enforcement action by the city.

(c)

Permitted principal and accessory uses and structures. The following uses and structures shall be permitted in the B-3 district:

(1)

Retail stores and shops which sell goods such as: arts and crafts; antiques; bakery goods; bicycles; books; cameras; candy; tobacco products; confectionery products; health foods; dairy products; computers and related equipment; dry goods; flowers; frozen goods; furniture; garden supplies; gifts; glass or mirrors; hardware; home finishes; lighting; interior decorating goods; jewelry; music; newspapers and magazines; pharmaceutical goods; photography equipment; pottery and ceramics; clothing; shoes; sporting goods; stationery; and toys.

(2)

Service establishments and repair shops to include: Bicycle sales or service; copying or photocopying; screen printing; dry cleaning and laundry pickup stations, except as specifically prohibited herein; barber and beauty shops; tanning salons; catering; interior decorating services; computer sales or repair; photography; day spa; appliance sales or leasing; alteration and tailoring; dressmaking.

(3)

Professional offices including: Accountant; architect; attorney; engineer; insurance agent; real estate agent; travel agent.

(4)

Hotels and bed and breakfast inns.

(5)

Financial institutions including: Banks; brokerage firms; credit unions; loan offices, except as specifically prohibited herein.

(6)

Eating and drinking establishments including: Delicatessen; café; coffee shop; cafeteria; restaurant; tearoom; bakery; dessert/snack shop to include candy, ice cream, shaved ice, popcorn, donuts, and similar; brewpub where permitted by all applicable laws and with sufficient off-street truck access to safely permit barrel loading/unloading.

(7)

Indoor recreational and amusement establishments to include: Theaters; pool or billiard halls; small auditoriums; arcades; fitness centers; exercise/yoga/dance studios.

(8)

Sale of alcoholic beverages within a permitted business, subject to all applicable laws.

(9)

Arts and crafts establishments to include: galleries for the display and/or sale of paintings; ceramics/pottery production with at least 50 percent of resulting products being displayed/offered for sale at retail on the premises and conforming to all applicable fire and building codes; wood and/or metal craft production with 50 percent of resulting products being displayed/offered for sale at retail on the premises and no dust or noise being detectable beyond the building.

(10)

Instructional establishments to include: dance/gymnastics instruction; martial arts instruction; personal fitness/yoga instruction; athletic training; academic instruction; academic tutoring; art classes to include pottery, painting, craft-making, and similar.

(11)

Residential dwelling quarters, except as otherwise prohibited herein.

(d)

Uses permitted on appeal. The following uses may be permitted in the B-3 district only upon review and approval by the board of zoning adjustment in accordance with the provisions contained in article 5, and subject to any reasonable conditions deemed by the board to be necessary for the preservation of the character of the district: any use permitted without appeal in the B-1 (local shopping) zone and not otherwise listed as permitted or prohibited herein.

(e)

Prohibited uses. The following uses are prohibited in the B-3 district: Gasoline service station; auto or tractor sales or repair; manufacturing, except as otherwise permitted herein; service or repair of gasoline or diesel motors; sale or installation of mechanical equipment and/or parts; leasing of storefront window space for the placement of signage or electronic displays; warehousing and storage (except inventory storage for a permitted use, located within the same building as said use and with said permitted use occupying at least 50 percent of the building); feed and grain store; laundromat and dry cleaning (except for walk-in pick-up and drop-off locations not conducting cleaning on the premises or serving commercial/industrial clients); drive-through windows for any purpose; pet grooming or boarding; veterinary clinic; child or adult care facility; rehabilitation facility; group home; halfway house; residential dwelling quarters on the floor level of the primary building entrance; title pawn/lending; payday loans; pawn shop; lounge as defined per chapter 3 of the Hartselle Code of Ordinances; package store as defined per chapter 3 of the Hartselle Code of Ordinances; any use prohibited or permitted only on appeal in the B-1 (local shopping) zone.

(f)

Area and dimension regulations:

Maximum height of structure: Three stories.

Minimum front yard: None, except as necessary to maintain ADA pedestrian sidewalk width.

Minimum rear yard: Twenty feet. (None if building adjoins a public rear alley or parking lot.)

Minimum side yard: None, except as necessary to maintain ADA pedestrian sidewalk width and conform to visibility requirements per section 32 of the zoning ordinance.

Maximum lot coverage: None.

Maximum size of building: Ten thousand square feet (on first floor).

(g)

Parking and loading.

(1)

No off-street parking will be required. No off-street parking will be permitted in front of a building. If side parking is needed, screening must be provided to shield view of cars from the street.

(2)

It shall be unlawful to load and/or unload vehicles in such a manner that obstructs more than one traffic lane of a local street.

(3)

It shall be unlawful to load and/or unload vehicles in such a manner that obstructs any traffic lane of a local street between the hours of 7:00 a.m. and 9:00 a.m., or between the hours of 2:00 p.m. and 4:00 p.m. on any day.

(4)

During times when loading and/or unloading of vehicles is permitted in such a manner that obstructs one traffic lane of a local street, such obstruction shall remain for no more than 30 minutes.

(h)

Sidewalk benches and displays.

(1)

Sidewalk sitting benches shall be permitted, provided that they do not extend into the sidewalk frontage of an adjacent building. Sitting benches shall not exceed two feet in depth. Benches shall be placed with back against the building wall and shall not be positioned in a manner as to obstruct a building entrance or sidewalk traffic. Benches are to be constructed with such material and in such a manner as is necessary to ensure safe use by the general public. Any bench deemed unsafe for use by the general public shall be removed from the city sidewalk. In no case shall a sitting bench be used to display the name, logo, contact information, or other promotional message of any individual or entity not occupying the building where the bench is located.

(2)

Sidewalk displays of merchandise shall be allowed from one hour prior to store hours until one hour after store hours. Such displays, including the table or display device, shall not be placed on the sidewalk during other times. Said displays shall be placed a minimum of two feet from the face of curb. Displays shall not exceed six feet in height and shall occupy no more than one square foot of sidewalk area per lineal foot of street frontage for each lot. Corner lots shall only place merchandise within that sidewalk area adjacent to the front entry door. In no case shall the width of the walking surface be diminished to less than six feet.

(3)

No merchandise or displays shall be attached, in any manner, to the canopy, canopy post or sidewalk.

(i)

Fences.

(1)

Courtyards, patios, pedestrian plazas, and similar outdoor spaces may be enclosed by fencing when deemed appropriate by the downtown design review board.

a.

Fencing shall not obstruct reasonable means of ADA pedestrian access to a neighboring property from a public parking lot.

b.

Fencing shall conform to the style, material, height, and color approved by the downtown design review board.

c.

All approved fencing shall be constructed of material that in the opinion of the board, is durable and maintainable so as to remain aesthetically pleasing.

(j)

Screening.

(1)

As deemed necessary and appropriate by the downtown design review board, privacy screening shall be provided. The appropriate placement, material, and style of privacy screening will be determined by the downtown design review board in keeping with established criteria and the character of the district.

a.

When deemed necessary adjoining a residential zone or side parking area, screening shall consist of privacy fencing of at least six feet in height and/or evergreen plantings being at least six feet in height at the time of planting.

b.

Dumpster, mechanical, and similar areas deemed by the downtown design review board to be unsightly and easily visible by pedestrians shall be entirely screened and enclosed by privacy fencing conforming to the style, material, height and color approved by the downtown design review board.

c.

All approved privacy fencing shall be constructed of material that in the opinion of the board, is durable and maintainable so as to remain aesthetically pleasing.

(k)

Building design and character. The CBD is unique because of its physical locations and design. The integrity of the area must be maintained by requiring new structures to fit contextually. Also, renovations, repairs, alterations, and rehabilitation to the exterior facade of existing buildings must follow the design criteria and review processes as established by the downtown design review board. No new building shall be constructed, nor any facades on existing buildings be altered except in accordance with all applicable provisions of current zoning and building codes, and unless similar in character to the existing buildings in the B-3 district in the following respects:

(1)

Proportion of window and door openings to the overall building exterior.

(2)

Roof pitch, design, and materials.

(3)

Style and construction of the building exterior.

a.

General architectural and design character, including horizontal or vertical emphasis, scale, stylistic features, and themes, shall be in keeping with the character and nature of the district.

b.

Construction methods employed shall not, in the opinion if the downtown design review board, detract from the character and nature of the district.

(4)

Exterior building materials, colors, and textures.

a.

Natural material such as stone, brick, wood siding, slate, etc., or synthetic materials designed to emulate these (i.e. cement fiber products), shall be required.

b.

Industrial or artificial materials such as raw or exposed aggregate concrete, anodized or galvanized metal, plastic, and vinyl may be used for trim or embellishments in a ten-percent proportion to the entire exterior.

c.

Glass may be used when its appearance and placement, in the opinion of the downtown design review board, does not detract from the character and nature of the district. Glass that is mirrored, painted, or excessively tinted for conformance with the character of the district shall not be permitted.

d.

Colors shall only be as approved in writing by the design review board and it shall be unlawful to apply any unapproved color to the surface of any building or building fixture.

(5)

Orientation to the street.

a.

All structures shall be built to the sidewalk, or include a front courtyard or patio area. No front parking shall be permitted. Where there is no building on a lot, grass lawns for pedestrian use and/or landscaping shall be permitted.

(l)

Signs.

(1)

Only the following signs shall be allowed in the B-3 zone:

a.

One building sign per exposed wall of the building. The maximum size of any single permitted building sign shall be limited to one square foot of face area per one lineal foot of primary street frontage per lot, or 32 square feet, whichever is less. For the purpose of this section, "primary street" is the public roadway upon which the primary customer entrance faces, or for corner-facing entrances, the public roadway having the higher functional classification and/or traffic count. Building signs shall not project more than 12 inches from the surface to which they are attached, and shall not project above the parapet wall.

b.

One double-sided canopy sign per building, suspended from a public canopy. A suspended canopy sign shall hang perpendicular to the sidewalk, shall be no more than two square feet in size, and shall hang no less than eight feet above the sidewalk at its lowest point.

c.

When no public canopy is present, one double-sided cantilevered building sign per building, mounted to the front wall of the building by structure as required by the building department and approved by the downtown design review board. Such signs shall hang perpendicular to the sidewalk, shall be a maximum size of nine square feet in size, and shall be no less than eight feet above the sidewalk at its lowest point.

d.

One freestanding sidewalk sign per establishment, present only during public business hours of the establishment at which the sign is placed. Such sign shall cover no more than six square feet of area, and shall be no more than four feet in height. Such sign shall not be attached to the sidewalk, canopy, or canopy post, and shall reduce the passable width of the sidewalk to not less than five feet.

e.

Two decorative flags per building, being no more than eight square feet in size. Flags shall be mounted to the front of the building by means of a mount bracket and extended pole of no more than four feet in length, and shall hang no less than eight feet above the sidewalk at its lowest point, and shall not be mounted flat against the building. Where a public canopy is present, such permitted flags may be placed in the public canopy mount brackets in lieu of building placement, but shall be removed by the building owner at the direction of the city when such brackets are needed for placement of public flags, or for other public purposes. Flags not removed by the building owner upon such direction of the city shall be subject to removal and disposal by the city. With exception of permitted placement in public canopy mount brackets, no flag shall be attached to the public canopy, canopy post, or sidewalk.

(2)

Sign illumination shall be limited to down-lighting, up-lighting, or halo-lighting of minimal brightness necessary to illuminate the sign face. Signs with electronic displays, or box cabinets or channel letters with internal illumination not otherwise permitted herein, are prohibited.

(3)

Window signs as defined in section 27 herein shall not be subject to the provisions of this section.

(4)

Signage considered prohibited or unlawful per section 27 herein, or chapter 3 of the Hartselle City Code is prohibited.

(m)

Artwork.

(1)

Artistic building paintwork (i.e., murals) and other art forms deemed to be of historical, artistic, and/or aesthetic value to the district shall be permitted when deemed appropriate by the downtown design review board, subject to placement, scale, and design conditions as deemed necessary by the board to ensure compatibility with the character of the district.

(2)

Notwithstanding the provisions of this article related to paint/material colors, building paintwork and other art forms deemed by the design review board to be artistic expressions shall not require the review or approval of the board with regard to color.

(Ord. No. 969, § 3, 1-27-1998; Ord. No. 1068, § 1, 9-26-2000; Ord. No. 1163, § 1, 6-22-2004; Ord. No. 1219, § 1, 1-10-2006; Ord. No. 1343, §§ 1—3, 7-13-2010; Ord. No. 1414, §§ 1, 2, 1-27-2015; Ord. No. 1486, §§ 4—6, 10-9-2018; Ord. No. 1514, § 1, 1-14-2020; Ord. No. 1530, §§ 1, 2, 10-27-2020; Ord. No. 1556, § 2, 11-9-2021; Ord. No. 1574, § 3, 7-26-2022; Ord. No. 1587, §§ 1—7, 8-22-2023; Ord. No. 1593, §§ 1—3, 8-22-2023)

Editor's note— Ord. No. 969, §§ 2 and 4 read as follows:

 "SECTION 2. STATEMENT OF INTENT.

 "The B-3 District provided herein is designed to facilitate and preserve a central area of intensive commercial, professional, and cultural activities. The district will also provide a unique shopping area for clientele looking for merchandise and service associated with specialty shops. This district is scaled to pedestrian rather than vehicular traffic."

 "SECTION 4. CONTINUATION OF EXISTING USES AND STRUCTURES.

 "(a) Any use and structure existing at the time of enactment or of subsequent amendment to this ordinance, but not in conformity with its provisions, may be continued with the following limitations. Any use or structure which does not conform to the provisions of this ordinance shall not be:

"1.
Changed to another nonconforming use.

"2.
Reestablished after discontinuance for one year.

"3.
Extended except in conformity to this ordinance.

"4.
Rebuilt after fire or damage exceeding its full value above the foundation for tax purposes.

 "(b) This section shall be cumulative with any other provision of the Zoning Ordinance (Ordinance No. 494), as amended, and is restated here for purposes of clarity of the intent of the City Council."

Cross reference— Businesses, ch. 18.

(a)

Purpose. The purpose of this district is to ensure the protection of the transient nature of the areas immediately surrounding the interchanges with Interstate 65. The B-4 district is built on the transient demands unique to these areas and is designed to facilitate and preserve the nature of these areas by providing for restricted uses. This zoning designation will only be considered for tracts lying entirely within 1,500 feet of the Interstate 65 median centerline.

(b)

Uses permitted. Convenience store/travel center; truck wash and/or scales on the premises of a convenience store/travel center; dealership of new automobiles; pharmacy; grocery store; meat cutting, processing, and/or packaging establishments located entirely within a retail grocery store and comprising no more than 25 percent of the grocery store area under roof; restaurant; restaurant, fast food; brewpub where permitted by all applicable laws; motel; hotel; bank; fruit/vegetable market; public recreation facility; visitor center; department store; automobile service station with no above-ground fuel and/or oil storage; building supply with or without exterior lumber storage, provided that no on-site lumber milling or recycling is conducted; any business type that may be authorized for the sale of alcoholic beverages in accordance with chapter 3 of the Hartselle Code of Ordinances and not otherwise prohibited or permitted on appeal herein.

(c)

Uses permitted on appeal. Truck repair and/or tire shop; truck wash/scales not on the premises of a convenience store/travel center; RV park and/or storage; dealership of used automobiles not on the premises of a new vehicle dealership; above-ground fuel and/or oil storage.

(d)

Uses prohibited. Junkyard/salvage yard; stockyard; meat cutting, processing, and/or packaging establishments not otherwise permitted or permitted on appeal herein; any operation involving the receipt and/or keeping of live animals and not otherwise permitted or permitted on appeal herein; animal breeding operations; lumber mills; lumber and/or pallet recycling or storage not otherwise permitted or permitted on appeal herein; cement and/or asphalt mixing facilities; rock crushing; industrial operations not otherwise permitted or permitted on appeal herein; machine shops and manufacturing not otherwise permitted or permitted on appeal herein; unstaffed donation collection; staffed donation collection; any use not specifically permitted or specifically permitted on appeal.

(e)

Specific requirements.

(1)

Minimum lot area: 15,000 square feet.

(2)

Maximum building area: 60 percent of the lot.

(3)

Minimum lot width: 150 feet.

(4)

Minimum front setback: 40 feet.

(5)

Minimum side setback: Ten feet, except where it adjoins a residential district or public street the setback shall be 20 feet.

(6)

Minimum rear setback: Ten feet, except where is adjoins a residential district or public street the setback shall be 20 feet.

(7)

Maximum height of principal structure and appurtances: 65 feet.

(8)

Signs: As otherwise permitted per this ordinance, except on lots occupied by standalone establishment or multi-tenant commercial buildings, which shall be permitted one additional freestanding sign, not exceed 120 feet in height or 300 square feet in face area. In no case shall an additional freestanding sign permitted by this provision be located more than 500 feet from the margin of the Interstate 65 right-of-way.

(9)

Reserved.

(f)

Reserved.

(g)

Reserved.

(h)

Access roads. Grouping of uses to provide an access off of the main road is strongly encouraged. The planning commission shall review each proposal for continuity and ease of travel. When an access road is required, each developer shall construct the road across that individual site.

(i)

Plan approval. The Hartselle Planning Commission shall review each proposal as a "Site Plan."

(Ord. No. 1012, § 1, 3-11-1999; Ord. No. 1319, § 5, 3-24-2009; Ord. No. 1336, §§ 1—3, 6-8-2010; Ord. No. 1460, § 4, 4-11-2017; Ord. No. 1486, § 3, 10-9-2018; Ord. No. 1540, § 2, 6-23-2021; Ord. No. 1556, § 4, 11-9-2021)

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(Ord. No. 1411, §§ 1, 2, 1-27-2015; Ord. No. 1434, §§ 1, 2, 4-12-2016; Ord. No. 1460, §§ 7, 8, 4-11-2017)

Cross reference— Businesses, ch. 18.

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A.

Purpose and intent. The agricultural (AG) zoning designation is intended for large acreage tracts that are utilized for family farms and/or agricultural uses. As parcels in this zone are subdivided and/or developed for more urban uses, rezoning is required.

B.

Uses permitted. The following uses are permitted in the AG zone:

1.

Single-family detached dwellings.

2.

The conduct of agricultural operations such as: Raising of legal crops; keeping of cattle, sheep, goats and other domestic ruminant animals customarily raised for meat, dairy, wool, and similar agricultural purposes; orchards; plant nurseries; tree farms; keeping of equine animals; keeping of swine and/or poultry for personal use/consumption or as otherwise permitted herein.

3.

Horse ranches; boarding stables; horse and/or dog training facilities; riding stables and schools; agricultural education facilities.

4.

The on-site sale of fruits/vegetables, legal crops, plants, and/or trees raised on the premises in accordance with this ordinance and sold in accordance with all applicable laws; the on-site sale of eggs produced by poultry permitted in accordance with this ordinance and sold in conformance with all applicable laws.

C.

Accessory structures permitted. The following structures are allowed in the AG zone, accessory to a permitted use:

1.

One detached guest or in-law dwelling, provided that said dwelling is not offered for rent or lease separate from the primary dwelling and placement allows for future division of the property in conformance with all applicable regulations.

2.

Secondary buildings associated with the uses permitted herein. Such buildings are allowed without the presence of a residential dwelling, and shall not be subject to the size or placement limitations of an "accessory structure" as otherwise defined herein, provided that all such structures conform to the setback requirements of this section.

D.

Uses permitted on appeal. The following uses and structures are allowed in the AG-1 zoning district upon approval of a variance from the board of zoning adjustment:

1.

Any use permitted or permitted on appeal in the R-1 residential district.

2.

Wineries.

E.

Uses prohibited. Operations involving the cutting, processing, packaging, and/or handling of uncooked meat for purposes other than personal consumption; operations involving the slaughter of animals for purposes other than personal consumption; zoos or animal exhibits; any use not specifically permitted or permitted on appeal.

F.

Development standards.

1.

Lots.

2.

Structures.

(Ord. No. 534, § 1, 4-28-1970; Ord. No. 994, § II, 8-25-1998; Ord. No. 1215, § 2, 11-22-2005; Ord. No. 1319, §§ 3, 4, 3-24-2009; Ord. No. 1439, §§ 2, 3, 4-26-2016; Ord. No. 1460, § 5, 4-11-2017; Ord. No. 1542, § 1, 8-11-2021)

Cross reference— Animals, ch. 10.

(a)

Purpose. The purpose of this district is to provide a zone district dedicated solely to medical, institutional and professional enterprises.

(b)

Uses permitted. Public, semipublic and private educational facilities; library; daycare; assisted living facilities; nursing home; hospital; municipal building; performing arts center; medical complex; pharmacy; professional offices for dentist, physician, psychiatrist, optometrist, surgeon, chiropractor, engineer, accountant, or attorney; any use permitted or permitted on appeal in the R-1 district.

(c)

Uses permitted on appeal. Any use determined by the board of zoning adjustment to be similar in nature to the permitted uses.

(d)

Uses prohibited. Sale of alcoholic beverages; staffed donation collection; unstaffed donation collection; any use not specifically permitted or specifically permitted on appeal herein.

(e)

Specific requirements.

(1)

Minimum lot area:

Educational: Three acres

All other uses: 20,000 square feet.

(2)

Maximum building area: 60 percent of the lot.

(3)

Minimum lot width:

Educational: 250 feet

Professional offices: 75 feet

All other uses: 100 feet.

(4)

Minimum front setback: 40 feet.

(5)

Minimum side setback: Ten feet; where it adjoins a residential district, the setback shall be 20 feet; where it adjoins a public street, the setback shall be 40 feet.

(6)

Minimum rear setback: 20 feet.

(7)

Maximum height: 65 feet.

(f)

Parking. Parking spaces shall be based on total square footage of the principal structure as follows, unless provided for otherwise:

(1)

Assisted living facility: One space per four beds plus one space per employee.

(2)

Educational facility:

Pre-K, Kindergarten: Two spaces per three teachers and employees plus one space per eight pupils.

Elementary/Junior High: One space per classroom plus one space per 100 students at capacity.

High school: Two spaces per three teachers and employees plus one space per five students at capacity.

Daycare: One space per employee plus one space per eight pupils.

Hospital: One space per four beds plus one space per two staff and visiting doctors.

Library: One space per 400 square feet of floor space.

Medical complex: Three spaces per doctor plus one space per employee.

Municipal building: One space per employee plus one space per four patrons at capacity plus spaces equal to municipal vehicles located on site.

Nursing home: One space per five beds plus one space per employee.

Performing arts center: One space per three patrons at capacity.

Professional office unit (more than one office in a building): One space per 250 square feet.

Professional office (single): One space per 300 square feet.

(g)

Plan approval. The Hartselle Planning Commission shall review each proposal as a "Site Plan" with the appropriate requirements of said plan approval.

(Ord. No. 1027, § 1, 4-13-1999; Ord. No. 1319, § 2, 3-24-2009; Ord. No. 1361, § 4, 10-25-2011; Ord. No. 1460, § 6, 4-11-2017)