(1)

Intent: To recognize the historical patterns and densities of residential subdivisions, and to encourage the continuation of homogeneous development patterns.

(2)

Permitted uses: Detached dwelling units and accessory structures.

(3)

Development regulations:

a.

Property located in the NPD district may be developed if the lot area of the subject property is greater than or equal to one hundred (100) percent of the average developed density and lot width of the recorded residential lots within the impact area. Average developed density is defined as the number of dwellings within the impact area, divided into the square footage contained in the residential lots recorded in the county probate office, within the impact area; subject to the following:

1.

The proposed lot(s) shall not be used to compute average developed density.

2.

If a portion of a lot is within the impact area, the entire lot shall be used to compute average developed density.

3.

A vacant lot or a group of contiguous vacant lots owned by the same person or entity, shall be used to compute average developed density, only if they are contiguous to a lot under the same ownership, which contains a dwelling.

4.

A vacant lot of one (1) acre or more, or a series of vacant lots with a cumulative area of one (1) acre or more, shall not be used to compute average developed density.

5.

If there are unusual lots in the impact area (unusually large, unusually small, highly out of character in shape, terrain, etc.) then the largest lot and the smallest lot may be removed from the impact area for calculating purposes.

b.

Impact area: The impact area for lots shall be all detached residential lots within two hundred fifty (250) feet in both directions along both sides of the road or nearest intersection, whichever is closer, of the subject lot, except that no lots in any of the planned districts shall be used to compute the average developed density. In the event of a corner lot, both streets will be used with each street being considered separately.

c.

Average lot width: Because some NPD areas have a dwelling on each recorded lot, while other areas were developed using more than one (1) recorded lot per dwelling, average lot width shall be defined as follows: The cumulative distance determined by measuring the lot width at the front building line, of all lots used to compute average developed density, divided by the number of dwellings in the impact area. For the purpose of this calculation, the width of a corner lot shall be the average of the lot widths at the building line, for all abutting streets.

d.

Setbacks:

1.

Front: Shall be no closer to the front property line than any house on a lot where the lot is within one hundred (100) feet or less on either side of the subject property on the same side of the street, or to the nearest corner if less than one hundred (100) or in no case shall it be closer than twenty-five (25) feet to the right-of-way. Houses are not to be set back any further than ten (10) percent of the average setback within the same one hundred (100) feet thereof.

2.

Side:

¹ The nine-foot minimum setback shall apply to the property line which abuts the adjacent lot having the smaller side building setback of the two (2) adjacent lots.

3.

Rear: The minimum rear building setback shall be twenty (20) feet.

e.

Maximum building height:

f.

Minimum living area of dwelling:

g.

Maximum area of ground coverage by all structures should not exceed more than fifty (50) percent of lot area.

h.

Off-street parking and loading requirements, article VII.

i.

District development criteria, article V, section D.

j.

Sign regulations, article VIII.

(Ord. No. 1641, § 5, 2-8-88; Ord. No. 1776, § 1, 2-24-92; Ord. No. 2001, § 3, 11-23-98; Ord. No. 2031, § 1, 8-23-99; Ord. No. 2430, § 1, 3-28-2011; Ord. No. 2459, § 3, 5-14-2012; Ord. No. 2477, § 1, 1-14-2013; Ord. No. 2630, § 2, 9-12-2016; Ord. No. 2668, § 1, 9-18-2017; Ord. No. 2692, § 1, 4-9-2018; Ord. No. 2710, § 2, 8-13-2018; Ord. No. 2722, § 2, 12-3-2018)

(1)

Intent: To provide areas for low density detached dwelling units, free from incompatible land uses.

(2)

Permitted uses: Detached dwelling units and accessory structures.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for low density detached dwelling units, free from incompatible land uses.

(2)

Permitted uses: Detached dwelling units and accessory structures.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for medium density dwelling units, free from incompatible land uses.

(2)

Permitted uses: Detached dwelling units and accessory structures.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for duplex and detached dwelling units, free from incompatible land uses.

(2)

Permitted uses: Duplex and detached dwelling units and accessory structures.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for medium density attached dwelling units.

(2)

Permitted uses: Attached dwelling units and accessory structures, nonprofit health clubs and nursing homes.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

(1)

Intent: To provide for high density attached dwelling units, developed in accord with an approved development plan, as required in Article VI.

(2)

Permitted uses: Attached dwelling units and accessory structures, to include apartments and condominiums and recreation, fitness and entertainment facilities for use by residents only.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(4)

Height regulations: Maximum height of structures in the R-6 District shall be determined by planning commission review of a development plan, containing all information required in Article VI. High-rise structures have a propensity to obstruct visibility, obscure significant landmarks and features, deprive adjacent areas of natural ventilation and sunlight, and dramatically change the character of an area or city. Therefore, the planning commission shall consider as a minimum, the following factors when reviewing a development plan for high-rise structures:

a.

Compatibility of the proposed development with the area or neighborhood in which it is proposed.

b.

Capability of the area to accommodate a high density development in terms of: vehicular and pedestrian traffic, proximity to public transportation, storm drainage, and safe and efficient access to the site.

c.

Proposed developments featuring high rise structures shall concentrate all proposed improvements, using a minimum amount of the site.

(1)

Intent: To provide areas for townhouse dwelling units.

(2)

Permitted uses: Townhouses and accessory structures.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII, off-street parking spaces shall be provided in the rear yard.

c.

Sign Regulations, Article VIII.

d.

An easement appurtenant shall be provided where individuals must cross private property for maintenance or repairs.

(1)

Intent: Planned development is a method of development which permits a tract of land to be developed as one lot, rather than separate lots. The technique is designed to encourage coordinated development; to permit higher densities in conjunction with improved, commonly owned or controlled, functional, open space; to promote efficient use of land; to promote preservation and enhancement of existing natural landscape features; and to be developed in compliance with an approved development plan, as stipulated in Article VI.

(2)

Permitted uses: Detached dwelling units and accessory structures as well as recreation and service uses clearly incidental to residential occupancy.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: Planned development is a method of development which permits a tract of land to be developed as one lot, rather than separate lots. The technique is designed to encourage coordinated development; to permit higher densities in conjunction with improved, commonly owned or controlled, functional open space; to promote efficient use of land; to promote preservation and enhancement of existing natural landscape features; and to be developed in compliance with an approved development plan, as stipulated in Article VI.

(2)

Permitted uses: Detached and attached dwelling units and accessory structures, as well as recreation and service uses clearly incidental to residential occupancy.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for office and professional buildings, compatible with commercial and residential environments.

(2)

Permitted uses: Buildings used exclusively for office purposes, funeral homes, government administrative facilities, and personal fitness studios. Office buildings in excess of two thousand five hundred (2,500) square feet of floor area may use ten (10) percent of the floor area for retail and service uses such as restaurants, opticians, gift shops, barber and beauty shops, quick copy services, specialty shops, banks, and other commercial uses appropriate to the professional office environment.

(3)

Other regulations:

a.

District development criteria, article V.

b.

Off-street parking and loading regulations, article VII.

c.

Sign regulations, article VIII.

(Ord. No. 2663, § 2, 7-10-2017)

(1)

Intent: To provide areas for retail and service establishments convenient to and compatible with the character of adjacent residential neighborhoods.

(2)

Permitted uses:

Appliance store

Art gallery

Art supply and frame shop

Auto parts store, no service, installation or repair

Bank, neighborhood

Barber and beauty shops

Bicycle shops

Car wash

Card, book and gift shops

Clothing store

Convenience store

Dance studio

Day care center

Drug store

Duplicating service

Emergency/family health clinic

Florist

Gasoline service station

Grocery store

Hardware store

Jewelry store

Laundromat and retail dry cleaning establishment

Music store

Office building, less than five thousand (5,000) square feet floor area

Optician

Paint and wallpaper stores

Photographic studio

Plant shop and nurseries

Postal facility, neighborhood

Rent-all stores (no outside storage)

Repair shops for small appliances, bicycles, clocks, locks, musical instruments and similar establishments

Restaurant, except fast-food

Shoe store and repair

Sporting goods store

Tailor shop

Other neighborhood retail and service establishments

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Neighborhood shopping centers may be developed in the C-2 District, upon approval of a final development plan, by the planning commission, as required in Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

e.

Containers for garbage and trash disposal shall be located at the rear of the business premises located on the subject property and shall not be located in a public right-of-way, street, alley or parking area.

f.

If any portion of any property zoned C-2 lies within one hundred fifty (150) feet of any tract or parcel of property that is zoned for residential use, containers for garbage and trash on that property, servicing businesses and improvements on the premises located within this district shall be enclosed in permanent structures, designed and constructed so as to completely screen and restrict the view of any containers or receptacles for garbage and trash disposals from any public right-of-way and the adjoining residential property.

g.

If any portion of any property zoned C-2 lies within one hundred fifty (150) feet of any tract or parcel of property that is zoned for residential use, the area described above in paragraph (f) for containers for garbage and trash servicing within this district shall be paved with asphalt or concrete and accessible through a public right-of-way and shall be maintained so as to be free from any trash, debris or garbage at all times. Collection from the above identified containers or receptacles shall not be permitted between the hours of 8:00 p.m. and 6:00 a.m.

(Ord. No. 1793, § 1, 8-10-92; Ord. No. 2192, § 1, 12-8-2003)

(1)

Intent: To provide areas for community-wide and regional retail shopping establishments, which by their nature, are located along major traffic arteries.

(2)

Permitted uses: Uses permitted in the C-1 and C-2 districts, plus:

Vehicle accessory sales and service such as: Tire, muffler, brake, transmission, upholstery, express oil change, and other similar services in which all work is conducted entirely within an enclosed building

Vehicle sales and service; all work must be conducted within an enclosed building

Banks and other financial institutions

Bars, taverns, lounges and night clubs

Building material sales and home improvement centers—No outside storage visible from off the premises

Business school

Department store

Fast food restaurant

Game room

Hotel and motel

Indoor sport facilities: Bowling, health club, skating, racquet sports, and similar facilities

Laundry and dry cleaner

Liquor store

Nursing store

Outdoor amusements and commercial recreation: Carpet golf, par 3 golf, go-cart tracks, water slides, skate boards courses, batting cages, and similar facilities

Pet shop

Post office

Private club

Public transit station, taxi stand

Sales showrooms for: appliances, carpet, furniture, home furnishings, medical and office equipment, pianos and organs, light fixtures, and similar uses

Theaters, indoor and drive-in

Union hall

Veterinarian

Vocational schools

Tobacco—Vape and related products shops

Other retail establishments in accord with the intent of this district

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Shopping centers may be developed in the C-3 District, upon approval of a development plan by the planning commission, as required in Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(Ord. No. 2192, § 2, 12-8-2003; Ord. No. 2710, § 3, 8-13-2018)

(1)

Intent: To provide flexibility in development criteria and land use within the Homewood central business district; to encourage greater densities, a variety of uses, and pedestrian circulation.

(2)

Permitted uses:

Uses permitted in the C-3 district, except:

Vehicle and vehicle accessory sales and service

Building material sales and home improvement centers

Drive-in theater

Outdoor amusements and commercial recreation

Plant nursery

Hotels and motels

(Ord. No. 2299, § 1, 6-12-2006; Ord. No. 2331, § 1, 7-23-2007)

(1)

Intent: To provide a compact area within the Central Business District, for retail trade and service establishments which are dependent upon pedestrian shoppers, continuous store frontage at street level, off premise parking, and unity of purpose.

(2)

Permitted uses:

Appliance stores

Auto parts store, no service, installation, or repair

Bank

Barber and beauty shops

Bicycle shops

Clothing store

Dance studio

Drug store

Duplicating service

Game room

Grocery store

Hardware

Liquor store

Office, located above the first story of the building

Optician

Paint and decorating center

Portrait studio

Post office

Repair shops for small appliances and similar services

Restaurant, except fast food

Shoe store and repair

Specialty shops such as: books, tobacco, stationary, gifts, cards, novelties, flowers, jewelry, sporting goods, pets, hobbies, toys, photo supplies, art supplies, music and video equipment

Tailor shop

Tavern

Variety store

Other retail and service establishments in accord with the intent of this district.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-street parking is not required for permitted uses located on the street level story of a building. Floor area above the street level story shall provide off-street parking spaces as required for the C-4 District in the Off-Street Parking and Loading Regulations, Article VII.

c.

Sign Regulations, Article VIII.

d.

Containers for garbage and trash disposal shall not be located in a public right-of-way, street, alley nor parking area.

(1)

Intent: To permit areas for high rise buildings, and to require that high rise buildings be permitted only under conditions that insure: adequate light and air around buildings and on the streets; useable open space available to the public; and prevent excessive congestion on streets.

(2)

Permitted uses: Uses permitted in the C-4(b) District shall be the same uses as permitted in the C-4(a) District, plus the following uses:

a.

Office buildings.

b.

Hotels.

c.

Health clubs and fitness centers located within an office building with total floor area greater than twenty thousand (20,000) square feet.

d.

Fast-food restaurant located in an office building with total floor area greater than twenty thousand (20,000) square feet.

(Ord. No. 1641, § 4, 2-8-88; Ord. No. 2331, § 2, 7-23-2007; Ord. No. 2544, § 1, 1-26-2015)

(3)

Other regulations. Subsections A through H shall apply only if the subject building is to be constructed to a height greater than thirty-five (35) feet using the floor area ratio as the determinant of building height.

a.

The maximum gross floor area of a building shall be two hundred (200) percent of the lot area; however, the gross floor area may be increased as stipulated by the following provisions. This ratio of building floor area to lot area shall determine the permitted height of all buildings.

b.

For every five (5) percent of lot area developed and maintained as permanent open space at grade, the maximum gross floor area of the building may be increased by an amount equal to fifty (50) percent of said permanent open space area, provided that such open space is not located within the proposed right-of-way of any street.

c.

Each time the maximum horizontal area occupied by that portion of a building above the second story level is reduced by five (5) percent of lot area, the maximum gross floor area of the building may be increased by an amount equal to fifty (50) percent of lot area.

d.

If that portion of a building above the second-story level sets back from its front street line an average distance not less than two (2) feet for each additional story in height, the maximum gross floor area may be increased by an amount equal to one hundred fifty (150) percent of lot area.

e.

If that portion of a building above the second story level sets back from any interior side lot line by a distance not less than eight-tenths foot for each additional story in height or fifteen (15) feet, whichever is greater, the maximum gross floor area may be increased by an amount equal to fifty (50) percent of lot area.

f.

If that portion of a building above the second story level sets back from any side street by an average distance not less than one and one-half (1.5) feet for each additional story in height, the maximum gross floor area may be increased by an amount equal to one hundred fifty (150) percent of lot area.

g.

If a building sets back from any street line by a distance equal to proposed right-of-way widening of such street, gross floor area may be increased by an amount equal to four (4) times the lot area contained in the proposed right-of-way widening.

h.

If a building contains an arcade or atrium with open floor space designed, furnished, and intended to be accessible by, and provided for the convenience of the general public during business hours, then for each square foot of non-leasable floor space in such arcade or atrium, the maximum gross floor area of the building may be increased by six (6) square feet.

i.

District development criteria, Article V.C-4(a) quantitative development criteria shall apply unless the proposed building exceeds thirty-five (35) feet in height, using the floor area ratio as the determinant of building height.

j.

Off-street parking and loading regulations, Article VII.

k.

Sign regulations, Article VIII.

(Ord. No. 1641, § 4, 2-8-88)

(1)

Intent: To provide areas for the conduct of wholesale trade, warehousing, light fabrication, repair and storage uses, in a manner which minimizes the negative impact of such uses off the premises.

(2)

Permitted uses: Uses permitted in the C-3 District, plus:

Armory

Light manufacturing, wholesale supply, and service facilities which are conducted entirely within an enclosed building.

Mini-warehouse

Office-warehouse

Printing and publication facilities

Research facilities

Testing labs

Warehouse

(3)

Other regulations:

a.

Repair, fabrication, and all other work activities shall be conducted entirely within an enclosed building.

b.

Outside storage of materials, equipment, vehicles, and parking of fleet vehicles, shall be within an area behind the building set back line, and screened from view from off the premises.

c.

District Development Criteria, Article V.

d.

Off-Street Parking and Loading Regulations, Article VII.

e.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for those public and other uses which are neither residential, commercial, nor industrial in nature. Institution developments on sites of three (3) acres or more, or featuring more than one (1) building on a lot or parcel, shall be developed in accord with an approved development plan as stipulated in Article VI.

(2)

Permitted uses:

Botanical gardens

Cemetery

Fire station

Golf course

Library

Museum

Park

Playground

Police station

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for those public and other uses which are neither residential, commercial, nor industrial in nature. Institution developments on sites of three (3) acres or more, or featuring more than one (1) building on a lot or parcel, shall be developed in accord with an approved development plan as stipulated in Article VI.

(2)

Permitted uses:

Armory

Auditorium

City hall

Community center

Municipal jail

Religious institution

Schools, primary and secondary

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for those public and other uses which are neither residential, commercial, nor industrial in nature. Institution developments on sites of three (3) acres or more, or featuring more than one (1) building on a lot or parcel, shall be developed in accord with an approved development plan as stipulated in Article VI.

(2)

Permitted uses:

Athletic fields

College—University

Coliseum

Medical center complex

Hospital

Stadium

Vocational school

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(Ord. No. 2274, § 1, 11-28-2005)

(1)

Intent: Planned development is a method of development which permits a tract of land to be developed as one (1) lot, rather than separate lots. The technique is designed to encourage coordinated development, to permit higher densities in conjunction with functional open space; to promote efficient use of land, to promote preservation and enhancement of existing natural landscape features, and to be developed in compliance with an approved development plan, as stipulated in Article VI.

(2)

Permitted uses: Buildings used exclusively for office purposes, funeral homes and government administrative facilities. Office buildings in excess of two thousand five hundred (2,500) square feet of floor area may use up to ten (10) percent of the floor area for retail and service uses such as restaurants, banks, specialty shops, health and exercise clubs, and other commercial uses appropriate to the professional office environment.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: Planned development is a method of development which permits a tract of land to be developed as one (1) lot, rather than separate lots. The technique is designed to encourage coordinated development, to permit higher densities in conjunction with functional open space, to promote efficient use of land, to promote preservation and enhancement of existing natural landscape features, and to be developed in compliance with an approved development plan, as stipulated in Article VI.

(2)

Permitted uses: All permitted uses listed in the C-3 District.

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for large warehousing and light manufacturing activities which do not cause a nuisance or constitute a hazard beyond the site. Industrial parks or subdivisions may be developed in the M-1 District upon approval of a development plan, by the planning commission, as required in Article VI.

(2)

Permitted uses: All C-5 permitted uses, plus:

Bakery

Bottling plant

Building contractor yard

Collection and processing of recycled household materials

Food processing

Heavy equipment sales and service

Ice plant

Laundry plant

Mini-warehouse

Sanitary landfill

Sign manufacture

Tank farms and fuel distribution facilities

Tire recapping

Truck terminal

Utility service and installation yards

Utility sub-stations, pumping stations, storage tanks, broadcasting and receiving towers, and switching stations.

Welding and metal fabrication

Other light industrial, fabricating, processing, assembling and manufacturing uses which are not detrimental to property or to health and safety beyond the district, by reason of the emission of odor, gas, dust, fumes, smoke, noise, vibration or waste material.

(3)

Prohibited uses:

Toxic or hazardous waste storage, processing, handling, or distribution.

Slaughter houses and tanneries

Glue factories

Rendering plants

Fertilizer plants

Junk yards

Paper and pulpwood plants

Iron and steel mills

Mining or quarry operations

Plants for processing stone, chert, gravel, cement, asphalt, clay, coal or iron ore

(4)

Other regulations:

a.

District Development Criteria, Article V.

b.

Required Development Plans, Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for research, testing, and other light manufacturing establishments; set in a low density suburban environment; compatible with the surrounding area and characterized by a low percentage of developed lot area; and featuring landscaping and improved open space.

(2)

Permitted uses: Uses permitted in the PCD-1 District, plus:

Testing laboratories

Research facilities

Light manufacturing activities which are conducted entirely within an enclosed building, and have no negative impact on surrounding property.

(3)

Other regulations:

a.

No outside storage or equipment handling.

b.

Loading areas shall be screened from view.

c.

District Development Criteria, Article V.

d.

Required Development Plans, Article VI.

e.

Off-Street Parking and Loading Regulations, Article VII.

f.

Sign Regulations, Article VIII.

(1)

Intent: To provide areas for a variety of land uses, set in a medium density suburban environment with improved open space.

(2)

Permitted uses:

a.

Attached and detached dwellings.

b.

Office and institution uses.

c.

Retail and service uses, except: vehicle sales, service and rental; drive-in theatre, outdoor amusements and commercial recreation, retail and service uses which store materials or equipment outside of a building, and hotels and motels.

d.

Testing laboratories, research facilities and light manufacturing activities which are conducted entirely within an enclosed building and have no negative impact on surrounding property.

(3)

Other regulations:

a.

District development criteria:

1.

Minimum land area shall be fifty (50) acres.

2.

No structures within fifty (50) feet of a PMUD boundary or thirty-five (35) feet of a land use boundary as described on a final development plan. Setbacks for detached residential structures shall be determined by development plan.

3.

Maximum area of ground coverage by buildings and parking shall be seventy-five (75) percent for each lot or parcel.

4.

There shall be no maximum height for buildings. The gross floor area of a bulding or buildings shall not exceed two hundred (200) percent of the area of the lot or parcel on which the building is located. The maximum permitted floor area for each lot and parcel of land shall be noted on the development plan when presented to the city for final development plan review.

b.

District Development Criteria, Article V.

c.

Required Development Plans, Article VI.

d.

Off-Street Parking Regulations, Article VII.

e.

Sign Regulations, Article VIII.

(Ord. No. 2001, § 4, 11-23-98; Ord. No. 2405, § 1, 11-9-09)

(1)

Intent: The Mixed Use District is intended to combine commercial, institution, public and residential uses within a unified development concept that is diverse, compact and pedestrian oriented; with attributes sufficient to justify the application of a land use and development plan that may not comply in certain respects with other requirements of this Zoning Ordinance.

(2)

Permitted uses:

Antique stores

Appliance stores

Art supply stores

Arts and crafts stores

Auditoriums

Auto parts stores, no service, installation or repair

Bakeries

Banks

Barber shops

Beauty shops

Bicycle shops

Book stores

Business and professional offices

Card shops

City hall

Clothing stores

Community centers

Computer stores

Dance studios

Delicatessens

Drug stores

Duplicating services

Dwelling units

Electronics stores

Fire stations

Florist shops

Furniture stores

Game rooms

Garden shops

Gift shops

Grocery stores

Hardware stores

Hobby shops

Hotel

Ice cream parlors

Interior design shops

Jewelry stores

Libraries

Liquor stores

Municipal jails

Museums

Music stores

Novelty stores

Opticians

Paint and decorating stores

Parks

Personal fitness trainers

Pet stores

Photo supply and developing stores

Physical therapists

Playgrounds

Police stations

Portrait studios

Post offices

Religious institutions

Repair shops for small appliances and similar services

Restaurants, except fast food

Schools

Shoe repair shops

Shoe stores

Sporting goods stores

Stationary stores

Tailor shop

Toy stores

Travel agents

Other retail establishments in accordance with the intent of this district.

Accessory uses, buildings and structures customarily incidental to the uses specifically permitted in this section

(3)

Zoning application: A development plan, containing the following information about the proposed development of a parcel, and the following additional items and information shall be filed with each application for the change of the zoning classification to a Mixed Use District. The following requirements are in addition to, and not in lieu of, the requirements of Article IX, Sec. B. with respect to an application for a zoning amendment.

a.

Development Plan.

1.

Size, area, boundary lines, dimensions and street frontage of the subject property;

2.

Location of proposed land uses;

3.

Location of parking areas and means of vehicular ingress and egress;

4.

The location and size of any public or common open space;

5.

Location and dimensions of service yards;

6.

Location, height, other dimensions and floor area of buildings;

7.

Sidewalks, landscaping, exterior lighting, signs, fire hydrants and storm drainage facilities;

8.

Outside appearance and exterior finishes of buildings;

9.

The distance between each building, and the front, rear and side building setbacks;

10.

The percentage of the parcel devoted to each proposed use;

11.

Building height and number of floors in each building;

12.

The number of parking spaces and dimensions of all parking areas;

13.

Parking, driveway and sidewalk paving materials

The above information shall be shown on the development plan, except that where necessary for a clear explanation of such information, the site plan may be accompanied by supplemental material.

b.

Additional items and information.

1.

A current survey and legal description of the subject property, prepared by a surveyor licensed as a surveyor by the State of Alabama;

2.

The proposed density of land use for the subject property with tabulations by acreage and the percentage of the property to be occupied by each use;

3.

A copy of any covenants or restrictions to which the property is subject;

4.

A copy of any proposed covenants or restrictions which will be imposed upon the property or any improvements thereon;

5.

A development schedule indicating the approximate commencement and completion dates of the development, and any phases thereof if the development is to be developed in phases;

6.

A comprehensive traffic analysis indicating the probable effect of the proposed development on traffic patterns and capacities of adjacent streets in the immediate area, prepared by a registered professional engineer. (When required by the city);

7.

A fire protection plan, approved by the Homewood Fire Department, indicating the location of all proposed fire hydrants and fire access lanes, as well as a description of all fire protection measures and devices for structures, which is to include sprinkler system design approved pursuant to the fire prevention code as currently adopted by the City of Homewood.

8.

Proposed sign regulations. The city council may: (a) Approve the development plan, which approval would be evidenced by the signature of the president of the city council; (b) Disapprove the development plan; (c) Make suggestions for revisions to the development plan and, with the approval of the applicant, continue its consideration of the development plan to a future meeting of the city council; or (d) Approve the development plan subject to the applicant making certain specified minor revisions, which revisions would be subject to the approval of the zoning officer, and if such revisions are approved by the zoning officer the approval of the development plan would be final upon it being signed by the president of the city council. An application for rezoning to the Mixed Use District may be denied by the city council based upon anyone (1) or more of the items of information included in the development plan or any supplemental materials.

Property which is the subject of an approved Mixed Use District zoning application shall be developed in compliance with the development plan and additional items and information approved by the city as part of the Mixed Use District zoning process.

An approved development plan may be amended by the city, provided the procedure specified in subsection (3) of this section for Mixed Use District zoning is followed.

Minor changes in the location, siting, elevation, or character of buildings and structures shown on the final development plan may be authorized by the zoning administrator. No change authorized by the zoning administrator under this section may increase the size of any building or structure by more than ten (10) percent, nor change the location of any building, or structure by more than ten (10) feet in any direction; provided, notwithstanding anything in the foregoing, the zoning administrator may not permit changes beyond the minimum or maximum requirements set forth in the Mixed Use District zoning approval.

(4)

Other regulations: District Development Criteria (Article V), Required Development Plans (Article VI) and Off-street Parking and Loading Regulations (Article VII) shall not apply to a Mixed Use District. Such development standards shall be established for each Mixed Use Development as part of the development plan review process as required in subsection (3) of this section.

a.

Refuse and garbage service yards. Each building erected in a Mixed Use District shall be provided with a separate service yard for the storage of garbage and trash; provided, that a service yard may serve more than one (1) building if such arrangement is part of the development plan approved by the city council. Each service yard shall be located so as to be conveniently accessible by vehicles collecting such refuse and to occupants of the building or buildings served by such yard. Each service yard shall be paved with asphalt or concrete and shall be enclosed with an opaque wall or fence of permanent construction least six (6) feet in height, and designed and constructed so as to conceal such storage area from visibility from outside such wall or fence. Each entrance to the service yard shall be screened with a gate constructed of an opaque material, which gate must be at least six (6) feet, but not more than eight (8) feet in height.

b.

Exterior lighting. If artificial illumination is provided for a parking area, it shall be arranged so as to shine and reflect away from any adjacent residential areas and away from any streets adjacent to or near the parcel of land. No lighting fixtures used for any parking area shall be elevated more than fourteen (14) feet above the ground. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture.

c.

Fire protection. Each development plan shall provide information sufficient to show compliance with the applicable fire protection codes adopted by the city.

(Ord. No. 2200, § 1, 5-10-2004; Ord. No. 2320, § 1, 4-9-2007; Ord. No. 2493, § 1, 6-24-2013; Ord. No. 2710, § 4, 8-13-2018)

(1)

Intent: To facilitate the maintenance, revitalization and redevelopment of the Edgewood Business District by requiring mixed use projects that feature a combination of residential, commercial and institutional uses in a pedestrian oriented, neighborhood environment.

(2)

Permitted uses: Uses permitted in the C-1 and C-2 districts, plus:

Bank

Condominium dwelling units

Church

Department store

Hotel and motel

Laundry and dry cleaners

Pet shop, no outside business

Post office

Public park and recreation facilities

Public safety facilities

Public transit station, taxi stand

School

Other retail and service establishments in accord with the intent of this district

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Off-Street Parking and Loading Regulations, Article VII.

c.

Containers for garbage and trash disposal shall be located at the rear of the business premises and shall not be located in a public right-of-way, street, alley or parking area. The containers shall be enclosed in a permanent structure, designed and constructed to screen their view from any public right-of-way and from residential property. Such areas shall be maintained so as to be free from any trash, debris or garbage at all times. Collection from the above containers shall not be permitted between the hours of 8:00 p.m. and 6:00 a.m.

d.

Each structure shall have a minimum roof pitch of 5:12.

e.

On-street parking and public parking may be used to satisfy the off-street parking requirements of Article VII. All dwelling units shall have dedicated off-street parking spaces.

(Ord. No. 2202, § 1, 5-10-2004; Ord. No. 2294, § 1, 5-22-2006)

(1)

Intent: To encourage the maintenance, revitalization and redevelopment of the Greensprings corridor by encouraging a variety of commercial and institutional uses within a community shopping environment that reduces land use conflicts and improves the appearance of the corridor.

(2)

Permitted uses: Uses permitted in the C-1, plus:

Appliance store

Art gallery

Art supply and frame shop

Bank

Barber and beauty shops

Bicycle shops

Building material sales and home improvement centers (no outside storage visible from off the premises)

Business school

Card, book, and gift shops

Church

Clothing store

Convenience store

Dance studio

Day care center

Department store

Drug store

Duplicating service

Emergency/family health clinic

Fast food restaurant

Florist

Game room

Gasoline service station

Grocery store

Hardware store

Hotel and motel

Indoor sport facilities: bowling, health club, skating, racquet sports, and similar facilities

Jewelry store

Laundromat and retail dry cleaning establishment

Music store

Optician

Paint and wallpaper stores

Pet shop (no outside business)

Photographic studio

Plant shop and nurseries

Postal facility

Public safety facilities

Public transit station, taxi stand

Rent-all stores (no outside storage)

Repair shops for small appliances, bicycles, clocks, locks, musical instruments, and similar establishments (no outside storage)

Restaurants

Sales showrooms for: appliances, carpet, furniture, home furnishings, medical and office equipment, pianos and organs, light fixtures, and similar uses (no outside storage)

School

Shoe store and repair

Sporting goods store

Tailor shop

Theaters (indoor)

Vehicle accessory sales and service such as: Tire, muffler, brake, transmission, upholstery, express oil change, and other similar services in which all work is conducted within an enclosed building and vehicle storage and service bays shall not front major arterial streets adjacent to the site

Vocational school

Other retail establishments in accord with the intent of this district, but not to include any unattended free standing businesses

(3)

Other regulations:

a.

District Development Criteria, Article V.

b.

Shopping centers may be developed in the Greensprings Urban Renewal District, upon approval of a final development plan by the planning commission, as required in Article VI.

c.

Off-Street Parking and Loading Regulations, Article VII.

d.

Containers for garbage and trash disposal shall be located at the rear of the business premises and shall not be located in a public right-of-way, street, alley or parking area. The containers shall be enclosed in a permanent structure, designed and constructed to screen their view from any public right-of-way and from residential property. Such areas shall be maintained so as to be free from any trash, debris or garbage at all times.

(Ord. No. 2203, § 1, 5-10-2004; Ord. No. 2354, § 1, 6-23-2008; Ord. No. 2449, § 1, 2-13-2012)

(a)

Intent. The intent of the Brookwood Overlay District (BOD) is to establish height regulations for structures that reflect the current development pattern of the district, while protecting adjacent residential neighborhoods.

(b)

Method. The Brookwood Overlay District (BOD) is depicted on the City of Homewood Zoning Map. The requirements of the underlying zoning districts shall apply to the development of property in the BOD, except that the height regulations set out herein shall replace the Maximum Height of Structure requirements in Table 1 of Article V and shall be controlling for Development within the BOD.

(c)

Height regulations:

(1)

Land disturbance is prohibited within fifty (50) feet of the corporate boundaries of the City of Homewood.

(2)

When any portion of a structure, alteration or attachment thereto is located less than three hundred (300) feet from the corporate boundaries of the City of Homewood, said structure, alteration or attachment thereto shall be set back at least three and one-half (3½) feet from the corporate boundaries of the City of Homewood for each one (1) foot of structure height.

(3)

When any portion of an alteration to a structure or group of attached structures, is located three hundred (300) feet or more from the corporate boundaries of the City of Homewood, said alteration shall not extend above the elevation of the highest point of the structure or group of attached structures being altered.

(4)

When a structure is attached to an existing structure or group of attached structures, including but not limited to attachment by means of pedestrian or vehicle access structures; said attachment shall not extend above the elevation of the highest point of the structure or group of attached structures, to which it is attached, when any portion of the attachment is located three hundred (300) feet or more from the corporate boundaries of the City of Homewood.

(5)

When any portion of a detached structure is located three hundred (300) feet or more from the corporate boundaries of the City of Homewood, said structure shall not exceed ninety-six (96) feet in height.

(Ord. No. 2365, § 1, 7-28-08)

(1)

Intent: To preserve publically and privately owned open space lands within the City in a natural or largely undeveloped state in order to maintain through time the City's natural beauty and/or to protect environmentally sensitive areas.

(2)

Permitted uses: Facilities intended to serve diverse passive recreational activities such as trailheads, outdoor class rooms, restrooms, scenic overlooks, but not including active recreational facilities (such as ball fields, pools, etc.).

(3)

Zoning Application: A development plan, containing the following information about the proposed development of a parcel, and the following additional items and information shall be filed with each application for the change of the zoning classification to a Land Preserve District. The following requirements are in addition to, and not in lieu of, the requirements of Article IX, Sec. B. with respect to an application for a zoning amendment.

a.

Development Plan.

1.

Size, area, boundary lines, dimensions and street frontage of the subject property;

2.

Location of proposed land uses;

3.

Location of parking areas and means of vehicular ingress and egress;

4.

The location and size of any public or common open space;

5.

Location and dimensions of service yards;

6.

Location, height, other dimensions and floor area of buildings;

7.

Sidewalks, landscaping, exterior lighting, signs, fire hydrants and storm drainage facilities;

8.

Outside appearance and exterior finishes of buildings;

9.

The distance between each building, and the front, rear and side building setbacks;

10.

The percentage of the parcel devoted to each proposed use;

11.

Building height and number of floors in each building;

12.

The number of parking spaces and dimensions of all parking areas; and

13.

Parking, driveway and sidewalk paving materials.

The above information shall be shown on the development plan, except that, where necessary for a clear explanation of such information, the site plan may be accompanied by supplemental material.

b.

Additional items and information.

1.

A current survey and legal description of the subject property, prepared by a surveyor licensed as a surveyor by the State of Alabama;

2.

The proposed density of land use for the subject property with tabulations by acreage and the percentage of the property to be occupied by each use;

3.

A copy of any covenants or restrictions to which the property is subject;

4.

A copy of any proposed covenants or restrictions which will be imposed upon the property or any improvements thereon;

5.

A development schedule indicating the approximate commencement and completion dates of the development, and any phases thereof if the development is to be developed in phases;

6.

A comprehensive traffic analysis indicating the probable effect of the proposed development on traffic patterns and capacities of adjacent streets in the immediate area, prepared by a registered professional engineer (when required by the City);

7.

A fire protection plan, approved by the Homewood Fire Department, indicating the location of all proposed fire hydrants and fire access lanes, as well as a description of all fire protection measures and devices for structures, which is to include sprinkler system design approved pursuant to the fire prevention code as currently adopted by the City of Homewood.

8.

Proposed sign regulations. The City Council may: (a) Approve the development plan, which approval would be evidenced by the signature of the President of the City Council; (b) Disapprove the development plan; (c) Make suggestions for revisions to the development plan and, with the approval of the applicant, continue its consideration of the development plan to a future meeting of the City Council; or (d) Approve the development plan subject to the applicant making certain specified minor revisions, which revisions would be subject to the approval of the zoning officer, and if such revisions are approved by the zoning officer the approval of the development plan would be final upon it being signed by the President of the City Council. An application for rezoning to the Land Preserve District may be denied by the City Council based upon any one (1) or more of the items of information included in the development plan or any supplemental materials.

Property which is the subject of an approved Land Preserve District zoning application shall be developed in compliance with the development plan and additional items and information approved by the City as part of the Land Preserve District zoning process.

An approved development plan may be amended by the City, provided the procedure specified in Subsection (3) of this Section for Land Preserve District zoning is followed.

Minor changes in the location, siting, elevation, or character of buildings and structures shown on the final development plan may be authorized by the zoning administrator. No change authorized by the zoning administrator under this section may increase the size of any building or structure by more than ten percent (10%), nor change the location of any building, or structure by more than ten (10) feet in any direction; provided, notwithstanding anything in the foregoing, the zoning administrator may not permit changes beyond the minimum or maximum requirements set forth in the Land Preserve District zoning approval.

(4)

Other Regulations: District Development Criteria (Article V), Required Development Plans (Article VI) and Off-street Parking and Loading Regulations (Article VII) shall not apply to a Land Preserve District. Such development standards shall be established for each Land Preserve District development as part of the development plan review process as required in subsection (3) of this section.

a.

Refuse and garbage service yards. Each building erected in a Land Preserve District shall be provided with a separate service yard for the storage of garbage and trash; provided, that a service yard may serve more than one (1) building if such arrangement is part of the development plan approved by the City Council. Each service yard shall be located so as to be conveniently accessible by vehicles collecting such refuse and to occupants of the building or buildings served by such yard. Each service yard shall be paved with asphalt or concrete and shall be enclosed with an opaque wall or fence of permanent construction least six (6) feet in height, and designed and constructed so as to conceal such storage area from visibility from outside such wall or fence. Each entrance to the service yard shall be screened with a gate constructed of an opaque material, which gate must be at least six (6) feet, but not more than eight (8) feet, in height.

b.

Exterior lighting. If artificial illumination is provided for a parking area, it shall be arranged so as to shine and reflect away from any adjacent residential areas and away from any streets adjacent to or near the parcel of land. No lighting fixtures used for any parking area shall be elevated more than fourteen (14) feet above the ground. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture.

c.

Fire protection. Each development plan shall provide information sufficient to show compliance with the applicable fire protection codes adopted by the City.

(Ord. No. 2455, § 2, 5-14-2012)

Editor's note— Per the request of the city, article IV, § EE, which pertained to West Homewood District (WHD) and derived from Ord. No. 2505, adopted August 26, 2013, can now be found in the West Homewood District Form-Based Code and may be accessed online at: http://www.homewoodal.net/assets/2575.pdf