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Heflin City Zoning Code

ARTICLE V

ZONING DISTRICT REQUIREMENTS

Section 5.01 - Establishment of zoning districts.

For the purpose of this appendix, the City of Heflin is hereby divided into the type of districts designated as follows:

§5.01.01

Agricultural district.

§5.01.02

Residential districts.

R-1 - Low density residential.

R-2 - Medium density residential .

R-3 - High density residential .

MHP - Manufactured home park.

§5.01.03

Nonresidential districts.

NB - Neighborhood business.

GB - General business.

CBD - Central business district.

§5.01.04

Industrial districts.

M - Manufacturing district.

§5.01.05

Special districts.

FH - Flood hazard area (overlay).

PD - Planned development district (floating overlay).

Section 5.02 - Zoning district boundaries.

The boundaries of the various zoning districts are hereby established as shown on the zoning map. The zoning map includes a map which identifies the location of the districts. The zoning map and all explanatory matter thereon accompany and are hereby made a part of this appendix. Official copies of the zoning map will be on file in the office of the city clerk.

Section 5.03 - Interpretation of zoning district boundaries.

Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

§5.03.01

Where boundaries are indicated as approximately following jurisdictional limits or platted lot lines or other property lines, such lines shall be construed to be such boundaries. Where boundaries are indicated as approximately following streets, alleys, rights-of-way, or railroads, such boundaries shall be construed to follow the center lines of such streets, alleys, rights-of-way, or railroads.

§5.03.02

Where boundaries are indicated as approximately following shorelines of lakes or ponds, such boundaries shall be construed to follow the typical water levels of such lakes or ponds.

§5.03.03

Where boundaries are indicated as approximately following streams, rivers, or other perennial water courses, such boundaries shall be construed to follow the centerline of such waterways as determined by the average water mark along opposing banks. In the event of a natural change in the location of such waterways, the district boundary shall be construed as moving with the centerline.

§5.03.04

Where boundaries are indicated as being separate from but approximately parallel to any features listed in subparagraphs §5.03.01 through §5.03 03 of this section, such boundaries shall be construed as being parallel to and at such distance as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

§5.03.05

In large tracts where a district boundary divides, the location of such boundary, unless same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.

§5.03.06

Where a public road, street, or alley shown on the zoning map is officially vacated or abandoned, the regulations applicable to the property to which the right-of-way reverts shall apply to the vacated or abandoned road, street, or alley.

§5.03.07

In case any further uncertainty exists, the planning commission shall determine the location of boundaries. The city council may also cause to be prepared sectional maps of any part of the city which will interpret the exact location of the district boundaries.

Section 5.04 - Interpretation of uses.

Where doubt exists as to whether a new or previously unclassified use is similar in nature to the permitted uses identified in this appendix, the city council shall approve or deny the unclassified use in question. In making such a determination, the city council shall consider the extent to which the proposed use is consistent with the intent of the zoning district and determine the specific permitted use within the zoning district that is most similar in impact and characteristics to the proposed new use. However, in no instance shall the city council interpret a proposed use as being permitted in one district, when the use is more similar in impact and characteristics to a use that is permitted exclusively in another district. The following procedures to establish consistency of unclassified uses shall be observed.

§5.04.01

Determination by the enforcement officer. If compatible with the existing zoning district intent, the unclassified use shall be permitted unless the new use will have an adverse effect on surrounding uses.

§5.04.02

Rezoning required. If the unclassified use is deemed to be incompatible with the existing zoning district intent, the Enforcement Officer shall recommend the most appropriate district classification or the applicant may seek rezoning of the property in question, before the proposed use may be conducted on the property.

§5.04.03

Amendment of permitted uses. Following the final action on the unclassified use, as section §5.04, §5.04.01 and §5.04.02 of this section may require, the planning commission may initiate an amendment to this appendix to add the newly permitted use to the list of permitted uses in the appropriate zoning district(s).

Section 5.05 - Agricultural district.

§5.05.01

AG - Agricultural district.

A.

District intent. The purpose of this district shall be to provide opportunities for commercial agriculture, forestry, and other land-intensive, natural resource-based industries to continue as the city grows and expands. The district also provides for a mix of low intensity residential and limited commercial uses that contribute to the rural economy and maintain the mix of uses that are characteristic of rural areas and newly developing suburban neighborhoods. When annexing into the city, AG district will be assigned as the default zoning district. If dimensional requirements are met all permitted uses are allowed. If not, the appropriate zoning district will be assigned.

B.

Permitted uses. The following table identifies the uses permitted in the AG - Agricultural zoning district, subject to standards established in this appendix.

Table 5.1 - Uses Permitted in Agricultural District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES AG
Conventional single-family dwellings, including manufactured homes(only class A and B) on individual lots and any accessory structures incidental to the dwelling or agricultural use P
Accessory residential dwelling units subject to §4.01 P
Group homes type A subject to §4.03 C
Accessory uses and buildings, including accessory signs subject to §3.04 P
Home occupations subject to §4.04 P
Cottage industries subject to §4.04 P
Agricultural, dairying, and livestock raising (subject to §5.10) P
Sale of products and commodities raised on the premises only P
Non-commercial poultry, swine and livestock raising (subject to §5.10) C
Commercial agriculture, dairying, and poultry and livestock raising, provided that the subject lot contains not less than five acres of land C
Commercial harvesting of timber (no clear cutting of land shall occur within 50 feet of the mean high-water mark of any lake or perennial stream) P
Riding stables and academies, provided that the subject lot contains not less than five acres of land. shall not be closer than 100 feet to any property line P
Public or private schools, including pre-schools, day nurseries, and kindergartens P
Publicly owned and operated community structures and lands, including parks. P
Public utilities, structures, and lands. P
Indoor gun clubs P
Public or private fishing clubs and other similar outdoor recreational activities P
Public or private golf courses C
Places of worship P
Cemeteries C
Campground subject to §4.11 C
Boat docks and boat houses, as accessory uses to a residential use P
Bed and breakfast inns subject to §4.02 and short-term rentals subject to §4.09 C
Residential care homes, domiciliary care facilities, or board and care homes C
Greenhouses and nurseries P
Veterinary clinics, commercial kennels, and the raising of other domestic animals for sale C
Lodges, summer camps, and public or private clubs, including fishing clubs, and other similar outdoor recreational activities (excluding firearm related activities) P
Specifically prohibited are the following commercial activities: poultry houses and facilities for raising swine of any type.
Athletic fields or stadiums, and other recreational areas for public use, including golf driving ranges, swimming pools, fishing lakes, and similar recreational uses SE

 

C.

Special exception uses. The following uses may be permitted in AG district subject to approval by the planning commission:

Athletic fields or stadiums, and other recreational areas for public use, including golf driving ranges, swimming pools, fishing lakes, and similar recreational uses, provided that all activities are located at least 200 feet from any residential property line.

D.

Dimensional requirements:

Table 5.2 - Area and Dimensional Requirements for Agricultural District
Min. Lot
Size
Min. Lot
Width
Min. Required Setbacks Max.
Height
Max. % of Lot
Covered by
Impervious Surfaces
Front Rear Side
AG 3 acres 150 ft. for
3 acres
30 ft. 30 ft. 15 ft. 45 ft. or 3
stories
15%

 

E.

Minimum standards for all dwellings.

1.

Minimum dwelling unit gross floor area: 900 square feet.

2.

Minimum required roof pitch: 3:12, not applicable to manufactured housing.

3.

Landscaping: All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, shrubs shall be applied along the front yard foundation.

4.

Utility installation: All electrical service meters shall be attached to the exterior wall of the dwelling. No temporary service poles shall be used for permanent residential utility service except as approved by the utility provider.

5.

Water service: For water service the line size must be greater than one inch for any location greater than 300 feet from the meter and two inch for any distance greater than 400 feet.

Section 5.06 - Residential districts.

§5.06.01

R-1 - Low density residential district.

A.

District intent. This zoning district is intended to promote low density suburban tract residential development for single-family uses in areas that have limited access to municipal infrastructure or are located in close proximity to sensitive natural resources.

B.

Permitted uses. The following table identifies the uses permitted in the R-1: Low density residential zoning district.

Table 5.3 - Uses Permitted in Low Density Residential District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES R-1
Single-family dwellings P
Accessory residential dwelling units in single family dwellings only subject to §4.01 P
Accessory uses and buildings subject to §3.04 P
Home occupations subject to §4.04 C
Non-commercial agriculture P
Public parks, playgrounds, community buildings, and similar public service facilities serving residential areas P
Athletic fields or swimming pools P
Bed and breakfast inns subject to §4.02 and short-term rentals subject to §4.09 C
Boat docks and boat houses, as accessory uses to a residential use P

 

C.

Dimensional requirements:

Table 5.4 - Area and Dimensional Requirements for Low Density Residential District
Min. Lot
Size
Min. Lot
Width
Min. Required Setbacks Max.
Height
Max. % of Lot
Covered by
Impervious Surfaces
Front Rear Side
R-1 12,750 sq. ft. 1, 2 85 ft. 30 ft. 45 ft. 10 ft. 35 ft. or

stories
30%
1  Areas served by sewer
2  Lots not served by municipal sewer shall contain at least 0.35 acres, plus any additional area deemed necessary by the Cleburne County Health Department

 

D.

Minimum standards for all dwellings.

1.

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

2.

Minimum exterior width of dwelling: 14 feet.

3.

Minimum required roof pitch: 3:12.

4.

Landscaping: All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation of each dwelling.

5.

Utility installation: All electrical service meters shall be attached to the exterior wall of the dwelling. No temporary service poles shall be used for permanent residential utility service except as approved by the utility provider.

A one-inch service line for distance greater than 300 feet and two inch for greater than 500 feet.

6.

Parking: Off-street parking for residential single family provided two vehicle spaces per unit.

§5.06.02

R-2 - Medium density residential district.

A.

District intent. This zoning district is intended to promote moderate density residential development for single-family homes, manufactured homes, and duplex homes on individual lots in areas that have access to extensive municipal infrastructure and are in close proximity to places of employment and commercial districts.

B.

Permitted uses. The following table identifies the uses permitted in the R-2: Medium density residential district.

Table 5.5 - Uses Permitted in Medium Density Residential District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES R-2
All uses permitted in the R-1: low density residential zoning district P
Class A manufactured homes (on individual lots) subject to §2.02.62 and §4.05 P
Two-family or duplex dwelling units P
Group homes subject to §4.03 (type A only) C
Class B manufactured homes (on individual lots) subject to §2.02.62 and §4.05 C

 

C.

Dimensional requirements:

Table 5.6 - Area and Dimensional Requirements for Medium Density Residential District
Min. Lot
Size
Min. Lot
Width
Min. Required Setbacks Max.
Height
Max. % of Lot
Covered by
Impervious Surfaces
Front Rear Side
R-2 10,000 sq. ft. 1
15,000 sq. ft. 2
75 ft. 25 ft. 45 ft. 10 ft. 35 ft. or

stories
30%
1  Single family lots
2  Two-family lots served by sewer

 

D.

Minimum standards for all dwellings.

1.

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

2.

Minimum exterior width of dwelling: 14 feet.

3.

Minimum required roof pitch: 3:12.

4.

Landscaping: All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation of each dwelling.

5.

Utility installation: All electrical service shall be attached to the exterior wall of the dwelling. No temporary service poles shall be used for permanent residential service. Water service as approved by the water department of the city or other provider.

6.

Parking: Off-street parking for residential single family provided two vehicle spaces per unit.

§5.06.03

R-3 - High density residential district.

A.

District intent. The purpose of this district shall be to provide opportunities for a broad range of residential environments, including single-family, duplex, manufactured homes (on individual lots), and multifamily (including townhouse and condominium developments) housing in areas that are served by the full array of municipal facilities and services offered by the city and that are immediately adjacent to places of employment and commercial districts. This zone also may be used by the city as a transitional buffer zone between commercial and lower intensity residential zones.

B.

Permitted uses. The following table identifies the uses permitted in the R-3: High density residential district.

Table 5.7 - Uses Permitted in High Density Residential District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES R-3
All uses permitted in R-2: Medium density residential zoning district 1 P
Multi-family dwellings P
Group homes housing three or more families (type B and C) C
Condominiums 2 C
Row houses 2 C
Townhouses 2 C
Boarding and rooming houses C
Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including rest homes and sanitariums C
Nursing homes P
College or school dormitories P
Bed and breakfast inns subject to §4.02 P
Residential care homes, domiciliary care facilities, or board and care homes P
1 Except manufactured homes and short-term rentals
2 Townhouses, row houses, and condominiums will be permitted only on sites that contain a minimum of one and one-half acres of land or a half city block (contiguous land) at least 80 percent of which must consist of developable land area

 

C.

Dimensional requirements:

Table 5.8 - Area and Dimensional Requirements for High Density Residential District
Min. Lot
Size 1
Min. Lot
Width
Min
Develop.
Size 3
Max
Density 3
Min. Required Setbacks Min. Buffer
Along Single
Family
Zones 3
Min. Sep.
Distance
Between All
Bldgs. On a
Single Lot
Max. Height Max. % of
Lot Covered
by
Impervious
Surfaces
Front Rear & Side
R-3 6,000 sq. ft. 2 50 ft. 0.5 acres 20 Dwelling Units per acre 30 ft. 9 ft. 15 ft. 10 ft. 45 ft. 40% 4
60% 3
1  For the first dwelling unit, plus 1,500 square feet for each additional dwelling unit
2  Areas served by sewer
3  For multi-family dwellings
4  For all single-family and two-family uses

 

D.

Minimum standards for all dwellings.

1.

Minimum dwelling unit gross floor area: 800 square feet for all single family dwellings attached and detached, 750 square feet per unit for multi-family dwelling structures.

2.

Minimum exterior width of dwelling: 14 feet.

3.

Minimum required roof pitch: 3:12.

4.

Landscaping: All dwelling sites shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation of each dwelling.

5.

UTILITY INSTALLATION: All electrical service shall be attached to the exterior wall of the dwelling. No temporary service poles shall be used for permanent residential service. Water service as approved by the water department of the city or other provider.

6.

Parking: Tenants must be provided adequate parking. As guest are expected to visit, allowances are required to accommodate residents and guest alike. For that purpose the parking to bedroom ratio will be utilized for the parking places calculation. The number of bedrooms in each development multiplied by 120 percent shall be the determination of the number of required parking spaces.

7.

Accessibility: All dwelling units must be provided ingress and egress to publicly dedicated right-of-way.

§5.06.04

MHP - Manufactured home park.

A.

District intent. The purpose of this district is to provide opportunities for the development of high intensity manufactured home parks, where units are placed on rented lots. Tiny homes on wheels are permitted, but may only be approved as temporary (30 days) living quarters, and must be inspected prior to placement and may be required to be inspected semi-annually, as determined by the building official/enforcement officer.

B.

PERMITTED USES. The following table identifies the uses permitted in the MHP r

Table 5.9 - Uses Permitted in Manufactured Home Park Districts
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES MHP
Class A, class B, class C manufactured homes and tiny homes 1 P
One-family dwelling for the exclusive use of a watchman, caretaker, owner, or manager of a manufactured home park P
Office, maintenance, and storage buildings incidental to a manufactured home park P
Storage facility for boats, etc., for residents P
Personal service facilities, such as laundromats (including coin operated dry cleaning) and refuse disposal areas, accessory to and intended to serve residents of the manufactured home park only P
Recreational facilities designed and intended for use by residents of the manufactured home park only P
In addition to the manufactured home spaces, off-street parking and loading spaces for vehicles in operating condition and properly registered only P
Restaurants C
1 Tiny homes constructed on site (requires approval from planning commission) subject to E-14 of this section.

 

C.

Dimensional requirements:

Table 5.10 - Area and Dimensional Requirements for Manufactured Home Park District
Min. Lot
Size
Min. Lot
Width
Min.
Develop.
Size
Min.
Required
Setbacks
Min. Buffer
along Single
Family
Zones 3
Min. Sep.
Distance
Between All
bldgs. On a
Single Lot
Max. Height Max. % of
Lot Covered
by
Impervious
Surfaces
Front
MHP 5,000 sq. ft. 40 ft. 2 acres 20 ft. 30 ft. 1 ,
15 ft. 2
40 ft. 25 ft. 30%
1  Along any single-family zoning district (R1 and R2) boundary
2  Along all other boundaries of the manufactured home park

 

D.

Manufactured home park plan. A manufactured home park preliminary site plan shall be submitted to the planning commission for review and approval prior to the issuance of a zoning permit by the enforcement officer. The plan shall be drawn to scale and shall contain or include the following information.

1.

A legend containing a site location map; the proposed name of the manufactured home park; the names of the developer, owner, and plan preparer, a north arrow; a scale; and an explanation of all symbols used on the plan.

2.

The location of all rights-of-way, streets, utility lines, hydrants, garbage containers, and other infrastructure improvements.

3.

The boundaries and dimensions of all rental lots in the park.

4.

The boundaries of all buffers and common open spaces, including all proposed recreational improvements.

5.

Proposed drainage and stormwater management improvements.

6.

The boundaries of all floodplains on the site.

7.

The location of any proposed office, showroom, or personal service facilities in the park.

E.

Site development requirements. In addition to the dimensional requirements listed in §5.06.04 - C, each manufactured home park shall comply with the following requirements.

1.

All proposed lots and buildings in a manufactured home park shall be served by municipal water and sewer. Each manufactured home space shall be provided with a cold water tap at least four inches above the ground.

2.

The proposed park shall be located on a site properly graded and improved to insure proper drainage and freedom from standing water.

3.

All driveways and walkways within the park shall be paved and adequately lighted.

4.

Electrical outlets supplying at least 220 volts each shall be provided for each manufactured home space.

5.

All manufactured homes placed in the park shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development. Any existing mobile home or manufactured home not bearing such seal shall be deemed a nonconforming structure and shall be subject to the regulations established in §3.15 of this appendix.

6.

All manufactured homes placed in the park shall be properly anchored to the ground, and all tow bars and axles shall be removed and stored in a location on the site where they will not be seen from the street or neighboring homes.

7.

All manufactured homes placed in the park shall be skirted with a weather-resistant material. All skirting shall be adequately vented.

8.

All manufactured homes placed in the park shall have a minimum roof pitch of not less than 1:3 (one foot of height for every three feet of length along the roof line).

9.

Not less than ten percent of the total site area of a manufactured home park shall be reserved for common open space. Such common open space shall, at a minimum, be landscaped, and may be improved for recreational use by the tenants of the park only.

10.

No portion of a manufactured home park site that is located within a floodplain shall be improved for residential use.

11.

Each manufactured home park shall provide adequate on-site containers for the collection of household garbage generated by the tenants of the park. All garbage containers shall be placed and kept within three-sided enclosures with walls at least six feet high to provide proper screening of the containers.

12.

All private streets within the park shall comply with all applicable street standards for the City of Heflin.

13.

Every park shall be equipped at all times with fire hydrant equipment in good working order, of such type, size, and number and so located within the park as to satisfy applicable regulations of the city. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left unattended at any time.

14.

Tiny homes. (Must be a single-family detached dwelling under 600 square feet).

a.

Minimum development size. Ten residential lots or two acres, whichever is greater.

b.

Manufactured homes and tiny homes may be mixed in the same subdivision.

c.

Tiny homes and tiny homes on wheels (temporary - 30 days) require approval from planning commission.

d.

Each home must be on its own, subdivided lot.

e.

All dwellings must be on permanent foundations.

Section 5.07 - Non-residential districts.

§5.07.01

NB - Neighborhood business district.

A.

District intent. The purpose of this district shall be to provide opportunities for village-scale commercial business, office, institutional, and service operations within the city's emerging neighborhood business centers. Businesses and institutions locating within this district should not exceed 2,500 square feet of gross floor area, (excluding accessory residential uses for the property owner, manager, or proprietor) and should be tailored to primarily serve local or neighborhood business needs. The neighborhood business district is designed to provide opportunities for small scale business opportunities in a neighborhood setting, where good traffic access is available (such as street corner locations where a neighborhood collector street intersects with another collector street or an arterial highway). The areas encompassed by the NB zone should be limited to the lots immediately surrounding key neighborhood intersections, to help minimize the intrusion of commercial uses into stable residential areas.

In most instances these neighborhoods are streets that are already arterial roadways or connector streets that readily lend themselves to commercial activities as a result of traffic flows. The increase in traffic decreases the attraction of the homes for residential use. In many instances the homes built there represents some of the older housing stock in the community.

B.

Permitted uses. The following table identifies the uses permitted in the NB - Neighborhood business district.

Table 5.11 - Uses Permitted Neighborhood Business District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES NB
Single and two-family (duplex) dwellings, including home occupations in single-family dwellings only and subject to §4.04 P
Accessory residential dwelling units in single-family dwellings only and in compliance with all requirements subject to §4.01 P
Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including nursing homes, rest homes, and sanitariums P
Retail establishments customarily serving residential neighborhoods, such as pharmacies or drug stores, grocery markets, convenience stores, clothing and apparel stores, gift shops, greeting card shops, bookstores, music stores, consignment shops, newsstands, toy stores, fish and tackle shops, craft and hobby shops, florist shops, video stores, furniture stores, and other similar establishments P
Personal or professional service establishments, and businesses repairing and servicing small equipment, such as barbershops and salons, photocopiers or print shops, coin-operated laundromats, tailors, shoe repair shops, electronic or small appliance repair shops, photography studios, camera shops, health and fitness clubs, newspaper offices, radio station studios, television station studios, jewelry and watch repair shops, and other similar establishments P
Professional offices such as banks, doctors' offices, dentists' offices, accounting and tax preparation services, real estate offices, attorneys' offices, investment offices, consulting offices, and other similar establishments P
Dine-in or carry-out restaurants 1 and that do not offer alcoholic beverages for sale in any form such as cafes, delis, bakeries, coffee shops, ice cream parlors, pizza parlors, and other similar dining or food establishments P
Family entertainment and cultural uses 2 such as dance studios, live performance theaters, museums, and other similar establishments that cater to children and families (not adults exclusively) P
In-home and nonresidential childcare centers, subject to the applicable requirements subject to §4.04 P
Clubs or lodges, public and private P
Public and private educational institutions and associated accessory uses P
Bed and breakfast inns subject to §4.02 and short-term rentals subject to §4.09 P
Hotels and motels SE
Group homes, Type A subject to the standards established in §4.03 C
Nursing homes P
Medical clinics
Studios engaged in the manufacture of handcrafted art, pottery, clothing, glass, metal, or wood products, including instructional classes P
Loft, efficiency, and studio apartments 3 P
Public utility structures and lands provided that there shall be no outside storage area and a buffer shall be provided along the side and rear yards P
Automobile filling and service stations 4 , provided that all structures, including pumps, shall comply with the setback line of any abutting street and that points of ingress and egress shall not be located closer than 50 feet to each other (centerline to centerline) nor less than 100 feet to any street intersection, and shall not exceed 25 feet in width P
1  Not including drive-through restaurants
2 nDo not serve or offer alcoholic beverages for sale
3  Must meet requirements in §5.07.01 - E
4  Forbidding the sale of alcohol
5  No equipment or inoperable or unregistered vehicles may be externally parked or stored. The board of adjustment may modify the minimum required number of off-street parking spaces for any expansion of an existing use or creation of a new use in an established building within the city's traditional central business district, where such modification will promote revitalization and adaptive reuse of buildings within the downtown area and will not result in excessive parking demands on neighboring properties

 

C.

Dimensional requirements:

Table 5.12 - Area and Dimensional Requirements for Neighborhood Business District
Min. Lot
Size
Max.
Business
Size
Min. Required Setbacks
Residential Use Only
Max.
Height 2
Max. % of Lot
Covered by
Impervious Surfaces
Front Rear Side
NB 6,000 sq. ft. 1 5,000 sq. ft. 10 ft. 10 ft. 10 ft. 50 ft. 75%
1  For all single-family dwellings and 7,500 square feet for all two-family dwellings
2  Density bonus for nonresidential uses. Any nonresidential uses that comply with one or more of the following special standards shall be granted an additional 500 square feet increase in the permitted maximum business size for each standard that is incorporated into the development plan, up to a maximum bonus of 1,500 square feet. Compliance with these special standards shall be determined by the planning commission:
 (1) All required off-street parking spaces will be located in the side or rear yards of the lot
 (2) The exterior facade of the building will be constructed of wood, brick, or some combination thereof
 (3) No freestanding sign will be erected on the property
 (4) The architectural style and design of the building will incorporate elements or features that are characteristic or representative of historic architectural styles that exist within the zoning district
 (5) The applicant will revitalize and adapt a building that is listed on or eligible for listing on the National Register of Historic Places for the proposed business use in a manner that will retain and enhance the building's historic and architectural integrity

 

D.

Special exception occupancy of existing structures: When an existing residential unit is converted from residential use to some commercial activity permitted in the neighborhood business district, the unit should comply with the standards of commercial zones. As existing structures were likely built prior to the demand for commercial activity neither the structure or the site are likely to comply with current requirements for the structure or the site. In those instances, the existing structure will be considered and accepted as in compliance with the standards established for the neighborhood business district or the general business district.

E.

Loft, efficiency, and studio apartments, provided that all of the following requirements are satisfied:

a.

Such residential uses are located above the first floor of a multi-story commercial use building;

b.

Appropriate soundproofing or sound attenuation measures have been installed to limit noise impacts that may be generated by ground floor commercial uses;

c.

Adequate off-street parking for all proposed apartment units is provided in the rear yard of the lot;

d.

Separate building entrances are available for the proposed apartments;

e

.All exterior apartment windows and doors are secured by appropriate locks or security devices;

f.

Adequate fire escape ladders are available for each apartment unit and hard-wired fire alarms and sprinkler systems are provided on all floors of the building and must comply with the building code; and

g.

The lower floor commercial uses in the building will not operate between the hours of 8:00 p.m. and 7:00 a.m.

§5.07.02

GB - General business district.

A.

District intent. This district is designed to provide for almost every type of retail, wholesale, financial and service activity. This zone is directed toward accommodating the needs of the community for the trade area as the market may demand. The locations are almost exclusively along the major highways and streets of the community or areas in which the market would indicate commercial potential areas, the intent being areas that are likely to develop into commercial areas.

B.

Permitted uses. The following table identifies the uses permitted in the GB: General commercial district.

Table 5.13 - Uses Permitted General Business District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES GB
All non-residential uses permitted in the NB zoning district without a restriction on business size P
Retail establishments P
Service establishments and repair shops P
The manufacturing of articles sold at retail shall be permitted as an accessory use to the retail business, provided that such manufacturing activities occupy less than 30 percent of the gross floor area. All sales, storage, service, or incidental manu-facturing activities shall be conducted within a fully enclosed building on the property P
Professional offices P
Restaurants including dine-in, carry-out, and drive-through restaurants and dining establishments P
Family entertainment and cultural uses P
Movie cinemas, auditoriums, and theaters, including drive-in theaters P
Clubs or lodges, public and private 1 P
Public and private educational institutions and associated accessory uses P
Churches and cemeteries P
Gourp care facilities subject to §4.03.03 C
Mortuaries and funeral homes P
Public and semi-public institutions and offices, including government offices. P
Bed and breakfast inns subject to §4.02 and short-term rentals subject to §4.09 C
Hotels and motels P
Residential structures, boarding or rooming houses C
Veterinary establishments and kennels, provided that all animals are kept within suitable designed, soundproofed, and air-conditioned buildings P
Miniature golf courses P
Indoor gun clubs and shooting ranges C
Marinas P
Truck terminals and other transportation distribution centers. C
Campgrounds and recreational vehicle parks P
Golf courses, public and private P
Shopping plazas, shopping malls, and office parks P
Public utility structures and lands P
Wholesale business establishments 3 C
Mini-storage facilities P
Accessory off-street parking and loading spaces, subject to the standards established in article V 2 P
Temporary mobile or modular office buildings 4 P
Junkyards and mechanic shops/car shops/body shops/towing services C
1  Conditions and requirements. At least 300 ft. buffer from churches and schools for alcohol sales. Where a use that will offer or allow on-site consumption of alcohol by the drink is located on a lot within 500 feet of a residence that was established prior to the establishment of the proposed use, it must not operate any percussive device or amplify the sound produced by a radio, tape player, instrument, percussive device or other mechanical sound-making device or instrument between the hours of 9:00 p.m. and 7:00 a.m. on Sunday through Thursday or between the hours of 11:00 p.m. and 7:00 a.m. on Friday, Saturday and federal holidays that occur during the week. Traffic flow and patterns shall be established and communicated to patrons so as to encourage use of roads not immediately adjacent to or through residential neighborhoods. The board of adjustment may impose such other special conditions as may be deemed necessary to ensure and protect the use and enjoyment of adjoining districts
2  No equipment or inoperable or improperly registered vehicles may be externally parked or stored. Not more than one third (⅓) of all required off-street parking may be located in the front yard
3  Not involving over 20,000 square feet of area for storage of wares to be wholesaled or dis-tributed
4  Term not to exceed 1 year unless probable cause can be shown

 

C.

Dimensional requirements:

Table 5.14 - Area and Dimensional Requirements for General Business District
Min. Lot Size 1 Min. Required Setbacks 2 Max. Height Max. % of Lot Covered by Impervious Surfaces
Front 2 Rear 2 Side 2
GB None 10 ft. - - None 70%
1  However, a minimum of five contiguous acres of land shall be required to establish a general business district, and a minimum of one acre shall be required for any extension of an existing general business district zone
2  FRONT: Ten feet from the right-of-way line of any minor street or alley and 15 feet from the right-of-way line of any major street. An additional minimum setback may be required under the conditions specified in article VI. Every effort should be made to site commercial structures as close to the right-of-way line as is possible, while retaining at least a minimal front yard setback to provide adequate space for landscaping, signage, and other similar on-site improvements. Where a sidewalk exists along the front yard, the building storefront shall not be located more than 50 feet away from the right-of-way line. Any buildings that will be constructed on a vacant lot between two preexisting buildings shall not be located closer to or farther from the right-of-way line than the buildings on the immediate adjoining side lots. Not more than one third of all required off-street parking spaces may be located within the front yard of the property
 SIDE: Where the side yard of a GB property adjoins a residential zoning district, a side yard buffer not less than 20 feet in width shall be provided along the residential zoning district line
 REAR: where the rear yard of a GB property adjoins a residential zoning district, a rear yard buffer not less than 20 feet in width shall be provided along the residential zoning district line

 

D.

Minimum standards:

1.

Parking, as described in article VI.

2.

Landscaping, as described in section §3.13.

3.

Utilities, sufficient water supply for health and sanitary uses. Depending on size and occupancy sprinkler system may be required.

4.

Safety, fire lanes, depending on the structure, size and use fire lanes may be required.

E.

Conditions and requirements for all GB.

Curb cut access: Access to each commercial use located on a lot which is at least 10,000 square feet in area shall be only at clearly defined and marked entrances and exits no greater than 25 feet in width separated by a curb or similar barrier to vehicular movement of at least 50 feet in length; providing that this requirement shall not preclude the construction of special turnout lanes in the center of or along the side of the abutting roadway.

Pedestrian circulation: It is the intent of this zoning district to provide for and encourage the unobstructed continuous movement of pedestrian traffic along major highways. No use permitted under this section shall cause the destruction, deterioration, or obstruction of any sidewalk system, or the removal of trees, shrubs, and other landscaping or street furniture from any city right-of-way without the express written approval of the city council. Buildings shall be designed to provide maximum and convenient pedestrian access from existing sidewalks and from off-street parking areas with clearly designated pedestrian lanes.

§5.07.03

CBD - Central business district.

A.

District intent. The purpose of this district shall be to create and promote an economically viable, compact, intensively developed central business district consisting of mixed commercial, cultural, entertainment, and institutional uses, with limited accessory residential apartment uses, under special conditions.

B.

Permitted uses. The following table identifies the uses permitted in the CBD: Central business distrtict.

Table 5.15 - Uses Permitted in Central Business District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES CBD
All uses permitted in the GB: General business zoning district P
Permitted basement level and first floor uses
 a. Retail establishments
 b. Personal or professional service establishments, and businesses repairing and servicing small equipment
 c. Professional offices
 d. Public and semi-public institutions and offices
 e. Dine-in, carry-out, and drive-through restaurants
 f. Family entertainment and cultural uses
 g. Product or inventory storage for a permitted commercial use. In the basement level or in a special storage room or area in the rear sections (most removed from the street front) of the ground floor of a building that has no basement
 h. Lounges
 i. Studios engaged in the manufacture of handcrafted art, pottery, clothing, glass, metal, or wood products
C
Permitted upper story uses
 a) Any permitted basement level and first floor use specified above. Product or inventory storage shall be allowed in any upper story floor of a building that is not devoted to other permitted uses
 b) Loft, efficiency, and studio apartments, as accessory uses to a primary commercial use, §5.07.03 - D
C

 

C.

Dimensional requirements:

Table 5.16 - Area and Dimensional Requirements for Central Business District
Curb Cut
Access
Design
Review
Min. Required Setbacks
Residential Use Only
Buffer Max. Height 2 Off-Street
Parking 6
Front Rear Side
CBD 1 2 3 4 5 Buffer
screening
shall be
provided in
accordance
with §3.07
65 ft. None
required
unless
stipulated by
the Planning Commission
1  Access to non-residential lots shall allow for the placement of one curb cut for lots with less than 75 feet of street frontage. Lots with 75 feet of street frontage and less than 400 feet are permitted a total of two curb cuts. Lots with 400 feet or more street frontage are permitted a total of three curb cuts provided a traffic impact analysis demonstrates the need and is approved by the planning commission. Maximum width of curb cuts for non-residential lots: 75 feet (1) curb cut of 40 feet, 75—400 feet. (1) curb cut of 80 feet or (2) curb cuts 40 feet, 400 or more (3) curb cuts 40 feet or (1) curb cut of 120 feet, excluding the necessary turning radius
2  Where there is a substantial alteration of an existing structure or the development of a new structure, building façade, and site development plans for each alteration or the development said plans shall be submitted to the planning commission for action prior to the building permit being issued. The planning commission shall act to approve, with conditions, or disapprove the submitted plans based on the assessment of the plan's contribution to the historical and design integrity of the downtown
3  None specified, although a minimum setback may be required under the conditions specified in §3.07. Where a sidewalk exists along the front yard, the building storefront shall not be located more than 50 feet away from the right-of-way line. Any buildings that will be constructed on a vacant lot between two pre-existing buildings shall not be located closer to or farther from the right-of-way line than the buildings on the immediate adjoining side lots
4  None required. Where the side yard of a property adjoins a residential zoning district, a side yard buffer along the residential zoning district line shall be provided. Where a building will be constructed to share a common wall with a building on an adjoining lot, a protective fire wall shall be installed within the common wall in compliance with all applicable Fire Codes
5  None required. However, where the rear yard of a CBD property adjoins a residential zoning district, a rear yard buffer along the residential zoning district line shall be provided
6  Off-street parking facilities. Subject to the standards established in Article VI, provided that no equipment or inoperable vehicles are externally parked or stored. Off-street parking lots shall be located in the rear or side yard of the property. No required off-street parking or loading spaces shall be established within the front yard of the property

 

D.

Conditions and requirements:

1.

Appropriate soundproofing or sound attenuation measures have been installed to limit noise impacts that may be generated by ground floor commercial uses. Upper floor product or inventory storage may be used as a sound attenuation measure between any commercial and residential uses in a multiple three or more-story building.

2.

Adequate off-street parking for all proposed apartment units is provided in the rear yard of the lot.

3.

Separate building entrances are available for the proposed apartments.

4.

All exterior apartment windows and doors are secured by appropriate locks or security devices.

5.

Adequate fire escape ladders are available for each apartment unit and hard-wired fire alarms and sprinkler systems are provided on all floors of the building in accordance with all applicable fire and building codes.

6.

The lower floor commercial uses in the building will not operate between the hours of 10:00 p.m. and 6:00 a.m.

Section 5.08 - Industrial districts.

§5.08.01

M - Manufacturing district.

A.

District intent. The purpose of this district is to provide opportunities for the development of industrial operations that will have minimal impacts on the natural environment and that will be located in areas served by all necessary municipal facilities and services. Such uses shall not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) permit and shall not emit potentially noxious fumes, odors, or particulate matter into the air. The district also will provide opportunities for the development of limited commercial uses that are accessory and complementary to the associated primary industrial use.

B.

Permitted uses. The following table identifies the uses permitted in the M: Manufacturing district.

Table 5.17 - Uses Permitted in Manufacturing (Industrial) District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES M
Any industrial enterprise require National Pollutant Discharge Elimination System (NPDES) permit C
Any industrial enterprise engaged in a manufacturing, assembly, or processing activity that does not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) permit and does not emit fumes, odors, or particulate matter into the air that would be discernable beyond the boundaries of the property. P
Accessory commercial activities limited to the sale or servicing of products manufactured by the primary industrial use 1 P
Indoor and outdoor gun clubs and shooting ranges 2 C
Warehousing and storage facilities, including mini warehouses P
Bottling plants P
Truck terminals and shipping facilities P
Lumber yards and mills P
Railroad yards P
Fuel or building material storage and distribution facilities P
Junkyards and mechanic shops/car shops/body shops/towing services C
Accessory off-street parking and loading spaces, subject to the standards established in article V 3 P
Temporary mobile or modular office buildings C
1  Provided such commercial activities occupy not more than 30 percent of the total floor area of the principal use building. All commercial activities shall be conducted entirely within the principal use building
2  Provided that all activities involving the discharge of firearms shall conducted more than 250 feet from any property line and directed away from any established residential uses and subject to the gun ordinance of the city
3  Provided that no equipment or inoperable or unregistered vehicles are externally parked or stored

 

C.

Dimensional requirements:

Table 5.18 - Area and Dimensional Requirements for Manufacturing (Industrial) District
Min. Lot
Size
Min. Lot
Width
Min. Required Setbacks Max.
Height
Max. % of Lot
Covered by
Impervious Surfaces
Front 1 Rear 2 Side 2
M 1 acre 100 ft. 30 ft. 30 ft. 30 ft. 50 ft. 50%
1  An additional setback may be required on corner lots and double frontage lots
2  Thirty feet from all adjoining property lines and an additional 25 feet from any property line that abuts a residential zoning district (R-1, R-2, R-3, or MHP). All required setbacks along residential zoning districts shall be improved and maintained as a vegetated buffer to provide an effective year-round visual screen between the commercial use and the neighboring residential areas

 

D.

Minimum standards:

1.

Parking. Off-street parking provided space necessary to accommodate the vehicles of all workers in the industry of use. Also, adequate parking space shall be provided as necessary to accommodate, overnight, all vehicles incidental to the operation of the industry or use. Subject to article VI.

Section 5.09 - Special districts.

§5.09.01

FH - Flood hazard area zone.

A.

District intent. Within floodplain areas, special land use restrictions are desired to: minimize human exposure to flood hazards, prevent excessive pollution or contamination of surface water resources during floods, provide maximum transmission and absorption of flood waters by restricting the intensity of impervious surfaces and man-made obstructions within floodplains, ensure that structures built within floodplains are properly floodproofed, to minimize private investment losses due to flooding, and ensure the city's continued participation in the National Flood Insurance Program. The purpose of this "overlay zone" is to impose special development standards and restrictions in areas identified by the Federal Emergency Management Agency as subject to special flood hazard to serve the aforementioned objectives. An "overlay zone" imposes special development requirements and restrictions in addition to the provisions of the underlying regular zoning district. Where the requirements of this district conflict with the requirements of an underlying regular zoning district or with other applicable ordinances and regulations, the more restrictive requirements shall be followed. All land use and development activities on lands within the FH: Flood hazard area zone shall also comply with all requirements of the City of Heflin Flood Damage Prevention Ordinance.

B.

Minimum standards:

1.

The boundaries of the flood hazard area zone shall encompass all areas of Heflin lying within a special flood hazard area or 100-year floodplain, as shown on the latest published flood hazard boundary map or flood insurance rate map for the subject property, prepared for the National Flood Insurance Program by the Federal Emergency Management Agency.

C.

Dimensional requirements: Development activities and land uses within the FH: Flood hazard area zone shall comply with all requirements contained in the City of Heflin Flood Damage Prevention Ordinance in addition to the specific requirements contained in this zoning ordinance. Maximum percentage of lot covered by impervious surfaces should not exceed 20 percent.

§5.09.02

PD - Planned development district.

A.

District intent. The purpose of the PD, planned development district, is to encourage the development of innovative and creative land use designs in a mixed use environment. The district is intended to allow the unified planning and development of large tracts of land suitable in location, area, and character for the uses and structure proposed. A mix of uses and housing types is encouraged, provided that the proposed project is consistent with the comprehensive plan and the land uses proposed along the external boundaries of the development site will be compatible in intensity, character, and design with the neighboring uses.

B.

Permitted uses. The following table identifies the uses permitted in the PD: Planned development district.

Table 5.19 - Uses Permitted Planned Development District
P—The use is permitted by right
SE—Special exception use, requires approval by the board of adjustment
C—Conditional use, requires approval by the planning commission
A blank cell indicates the use is not permitted
USES PD
Any uses allowed in the R-1, R-2, R-3, and NB zoning districts 1 C
1  Provided that the uses are laid out and buffered to minimize potential noise, traffic, and aesthetic conflicts and the overall development scheme is consistent with the goals, objectives, and future land use map contained in the comprehensive plan. Proposed land uses along the boundaries of the development site shall be compatible in intensity, character, and design with the land uses allowed in the immediately adjoining regular zoning district. All proposed land uses shall be shown and designated clearly on the master plan of the development

 

C.

Dimensional requirements:

Table 5.20 - Area and Dimensional Requirements for Planned Development District
Min.
Develop.
Size
Min. Lot
Size
Min. Required Setbacks Max.
Height
Max. % of Lot
Covered by
Impervious Surfaces
Front 3 Rear Side
PD 5 acre 1 None 2 20 ft. 4
10 ft. 5
30 ft. 30 ft. 50 ft. 60% 6
40% 7
1  Not less than 80 percent of the gross land area of the proposed development site shall consist of developable land area
2  Specific minimum lot sizes may be imposed by the health department for proper siting and installation of on-site sewage disposal facilities, where municipal sewer access is not available
3  From the edge of the right-of-way line for all residential use. An additional setback may be required on corner lots and double frontage lots
4  From the edge of the right-of-way line for all non-residential use. An additional setback may be required on corner lots and double frontage lots
5  Every effort should be made to site nonresidential structures as close to the minimum front yard setback line as is possible, while providing sufficient front yard space for landscaping, signage, and other similar on-site improvements. Where a sidewalk exists or will be provided along the front yard, the nonresidential building storefront shall not be located more than 40 feet away from the right-of-way line. Not more than ¼ of all required off-street parking spaces may be located within the front yard of the property
6  Of gross area of planned development site area
7  For any individual nonresidential lot within the planned development

 

Minimum spacing between buildings. For dwellings, the open space between buildings shall not be less than 20 feet for one-story buildings, 30 feet when either building is a two-story building, 40 feet when either building is a three-story building and 40 feet plus an additional ten feet for each story over three stories when either building is over three stories in height. The minimum dimension of the yard upon which any entrance or exit of a dwelling faces shall be 20 feet; such space shall not be counted as a yard for any other building.

D.

Minimum standards: Before any building or zoning permit for the construction of a planned development in any portion of a PD zoning district can be issued, a subdivision plat or plats, for the whole tract shall have been approved by the planning commission and recorded in accordance with the subdivision regulations.

Design requirements and considerations. In order to change the regular district designation of a tract of land to PD, planned development, and subsequently thereby use such as tract of land, the following conditions shall be met:(1) A master plan of development showing the exact manner in which the whole tract will be improved and used must accompany the request for change of zoning. Said master plan must be approved by the city council after review and recommendation by the planning commission, and must be retained in the file of the city clerk as a part of the city's records. The required master plan shall contain, at a minimum, the following information:

a.

Information to show and describe the location of the site to be developed as PD, including its legal description and a current perimeter survey prepared and certified by a surveyor who is licensed by the state. The survey must show all streets and street rights-of-way which are adjacent to the parcel, all easements and rights-of-way on the development site, the boundary lines of any and all lots of record that comprise the entire development site, and the locations of any existing buildings or structures which shall be incorporated into the proposed development.

b.

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

c.

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

d.

The density of land use to be allocated to all parts of the development site, together with tabulations by acreage and percentage of the parcel to be occupied by each proposed use to show compliance with all applicable dimensional requirements.

e.

The location, size, and character of any common open space or any commonly owned facilities and the type of organization which will own and maintain any commonly owned open space or facilities. Such explanation shall document the applicant's intent to comply with all requirements for common open space, as specified in article IV - Common open space requirements.

f.

The number, location, and layout of parking spaces and attendant driveways, handicap parking areas, off-street loading and unloading areas, and emergency vehicle parking areas as may be required of the proposed development under article VI - Off-street parking. Information regarding the type, thickness, and imperviousness of surfacing materials to be used to improve all parking areas, driveways, and pedestrian ways shall also be provided.

g.

The location, design, and dimensions of all proposed curb cuts that will provide access to the site and all proposed temporary cul-de-sacs that will be constructed to reserve future street access to abutting undeveloped properties.

h.

A landscaping plan, which shall show all proposed improvements to required buffers and other common open space lands, including the location of existing mature tree stands that will be retained and incorporated into the overall development plan.

i.

Typical facade sketches of the outside appearance of any proposed commercial buildings, townhouse and condominium buildings, and multifamily dwellings. The architectural style and design of such buildings should be compatible, if not reflective of a common design theme that is generally compatible or complementary of (and, at a minimum, not inconsistent with) the predominant architectural styles in any established areas or neighborhoods surrounding the development site.

j.

Detailed dimensional plans for any and all proposed signs within the development in compliance with the applicable requirements of article VII - Sign regulations.

k.

A detailed stormwater management plan showing the location of all 100-year floodplains on the site in compliance with all applicable requirements of article III - Storm water management.

l.

Information to show the location and design of all proposed utility lines, including any required easements.

m.

The substance of any proposed covenants, easements, or other restrictions which will be imposed upon the use or maintenance of the site and any buildings or other structures that will be constructed within the site.

n.

A traffic impact study, if required by the planning commission.

o.

A general statement or demographic profile of the intended target market of the proposed development.

Section 5.10 - Animal equivalent units.

Animal equivalent unit: A unit of measurement to compare various animal types based upon equivalent forage needs or waste generation. The keeping and raising of livestock and poultry is limited to one animal equivalent unit per acre (see table below) and the following: All residential districts subject to D.

Table 5.21 - Animal Equivalent Units per Acre
Cattle over 2
yrs. Old
Cattle over
6—12 mos.

Old
Cattle over
12—24 mos.
Old
Turkeys,
ducks, and
chicken
Horses, mules,
and donkeys
over 2 yrs. old
Horses, mules,
and donkeys
up to 2 yrs. old
Sheep and
goats over 2
yrs. old
Sheep and
goats up to 2
yrs. old
1 0.5 0.75 0.02 1.25 0.8 0.2 0.15

 

A.

Agricultural, dairying, and poultry and livestock raising, provided that the subject lot contains not less than five acres of land, and all buildings used for housing fowl or animals, storing grain or feed, or processing products shall not be located closer than 150 feet to any property line.

B.

Structures or fenced areas for the housing or feeding of animals or for the storage of manure must be set back at least 150 feet from any residential district boundary or property line of a lot used exclusively for residential purposes. Fence enclosures adjoining an agricultural district is not required to be set back from the property line.

C.

No livestock or poultry may be kept forward of the front building line on properties with a front yard less than 75 feet deep that adjoin a residential property nor on properties under one acre in area.

D.

Residential districts (R1, R2, R3, MHP) are limited to 0.4 animal equivalent units per acre. In addition, these districts are limited to no more then two turkeys, ducks, or chickens.