Table 1, in this article, provides quantitative criteria for minimum lot sizes, yards, and structures as well as maximum height and building coverage area.

(1)

The entire lot area within the required minimum distance from property line to building line shall be open to the sky (except for landscaping) unobstructed by any accessory structure or part thereof, and unoccupied for storage, servicing or similar, use except as provided herein.

(2)

Sills, belt courses or ornamental features may project beyond the building line not more than six (6) inches.

(3)

Cornices or eaves may project beyond the building line not more than eighteen (18) inches.

(4)

Decks and other un-roofed habitable structures, or ornamental features which do not extend more than five (5) feet above grade may project beyond the rear or side building lines, provided such projections be not closer than five (5) feet to a lot line.

(5)

Mechanical/electrical appurtenances which bottoms do not extend more than five (5) feet above bottom grade may may project within the required minimum distance from property line to building line.

(1)

In residential districts, no building need be set back more than the average of the setbacks of the existing dwellings on the same side of the street, within one hundred (100) feet each side thereof and in no event closer than twenty-five (25) feet of the right-of-way. For a corner lot with two (2) fronts, one (1) side may be set to no closer than twenty-five (25) feet of the right-of-way.

(Ord. No. 2722, § 3, 12-3-2018)

(1)

Accessory structures shall include but not be limited to: storage and other buildings, swimming pools, detached garages and carports.

(2)

Accessory structures in the NPD and other detached dwelling unit districts may contain a dwelling. Occupancy of a dwelling in an accessory structure shall be limited to members of the family, as defined herein, that reside in the detached dwelling unit on the lot.

(3)

Accessory structures are not allowed in the front yard.

(4)

Accessory structures shall not occupy more than 30% of the rear yard space with an additional 5% allowed if permeable surfaces are used for appropriate structures. (Subject to the 50% maximum lot coverage limitation in article IV, section A, (3)(g).

(5)

A garage or carport is the only accessory structure that may be located in a side yard and will be required to meet the same setbacks applied to the house.

(6)

Rear yard accessory structures of fifteen (15) feet or less in height shall have a five (5) foot side and rear setback. Rear yard accessory structures exceeding fifteen (15) feet in height shall have a ten (10) foot side and rear setback. Total height shall be measured from the top of the lowest usable floor to the highest roof apex (see also setbacks for garages and carports).

(7)

Accessory structure height not to exceed twenty-five (25) feet.

(8)

No accessory structure or detached garage shall exceed twenty-five (25) feet in height measured from the highest roof apex to the top of the lowest usable floor.

(Ord. No. 2305, § 1, 9-11-2006; Ord. No. 2459, § 4, 5-14-2012; Ord. No. 2472, § 1, 10-8-2012; Ord. No. 2479, § 1, 2-11-2013; Ord. No. 2510, § 1, 12-16-2013; Ord. No. 2692, § 7, 4-9-2018; Ord. No. 2722, §§ 4, 5, 12-3-2018; Ord. No. 2790, § 3, 1-11-2021)

No fence, wall, planting or structure shall be located so as to constitute a hazard to pedestrian or vehicular traffic on the public right-of-way.

Direct or reflected light or glare shall not be produced so as to adversely affect the visibility or tend to interfere with the safety or welfare of persons located at or beyond any property line.

The following provisions shall apply to lots on which the construction of a new building is proposed. The provisions shall be enforced as part of the building approval process.

(1)

Attached dwelling units in the R-5 or R-6 district, when adjacent to an existing detached dwelling unit or district, and not separated there from by a street or alley, shall provide and maintain in healthy growing condition, a buffer strip (as defined in Article II), along said property line or district boundary.

(2)

All uses permitted in the Institution, Commercial, Business and Urban Renewal districts, when adjacent to an existing residence or residential district, and not separated therefrom by a street or alley, shall provide and maintain in healthy growing condition, a buffer strip (as defined in Article II) along said property line or district boundary.

(3)

All uses permitted in the M-1 Light Manufacturing District, when adjacent to any district other than M-1, or any use other than those permitted in the M-1 District, and not separated therefrom by a street, shall provide and maintain in healthy growing condition, a buffer strip (as defined in Article II) along said property line or district boundary.

(4)

Where the view from the adjoining district is blocked by a change in grade or other natural feature, a greenbelt may not be required. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, the Board of Zoning Adjustments may approve a substitute buffer.

(5)

Buffer strips (as defined in Article II) required in the Mixed Use District shall be determined as part of the development plan review as required in the Mixed Use District zoning process.

(Ord. No. 2259, § 1, 7-25-2005)

Above ground storage: Outside above ground storage of gasoline, diesel fuel, kerosene and other hazardous liquids is prohibited within the city, except for use by municipal emergency vehicles. Temporary use of moveable tanks in conjunction with the dispensing of such liquids into the fuel tanks of motorized equipment on premises not normally accessible to the public is permitted only after written approval for such uses has been obtained from the Homewood Fire Department. Inside above ground storage of gasoline, diesel fuel, kerosene and other hazardous liquids is permitted only after written approval is obtained from the Homewood Fire Department and must meet current NFPA standards.

Below ground storage: The below ground storage and/or dispensing of gasoline, diesel fuel, kerosene, and other hazardous liquids is prohibited in residential zones, except for use by municipal emergency vehicles. Such storage of hazardous liquids, other than for sale, is permitted in nonresidential zones, upon written approval of the Homewood Fire Department and must meet current NFPA standards.

(Ord. No. 1928, § 1, 1-27-97)

(1)

Intent: Community gardens are hereby established in order to ensure that community gardens are appropriately located, protected to meet the needs of the community's health, education and environmental enhancement, for the preservation of green space and beautification, to assist in building social connections, to foster a spirit of community cooperation and enjoyment, to provide for recreational and leisure purposes, and to provide supplemental food sources for its members, on lots and parcels of land in the city pursuant to the provisions set out in this section.

(2)

Establishment and applicability:

a.

Community gardens are permitted use in all zones; exception: use of vacant residential lots will need to be approved by the board of zoning adjustments.

b.

Community gardens shall consist of land used for the operation of a community garden; an application for a permit to operate a community garden must be presented to the zoning administration.

(3)

Development standards: The following items will be needed to be documented to obtain a community garden permit.

a.

Water supply - The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

b.

Location and building coverage - Any structure used in conjunction with the community garden shall comply with the following requirements:

1.

Be located at least ten (10) feet from any property line.

2.

In the absence of a principal structure, structures must be located ten (10) feet behind the front line of any primary structure abutting the property.

3.

The following are not considered structures for the purpose of this section, provided they do not exceed a reasonable size: benches, bike racks, cold-frames, raised/accessible planting beds, compost or waste bins, picnic tables, garden art and rain barrel systems.

c.

Location and description of proposed fence.

d.

Soil testing - Prior to establishing a community garden, site operators shall obtain soil testing for, at minimum, total heavy metals: lead (Bp), cadmium (Cd), chromium (Cr), nickel (Ni), zinc (Zn), Arsenic (As) and copper (Cu). For sites containing soil not suitable for gardening, site operators shall use raised planting beds with suitable soils for gardening. Soil testing is not needed for sites using raised planting beds.

e.

Operating procedures - Site users must have an established set of operating rules addressing the following:

1.

Governing structure of the garden.

2.

Hours of operation.

3.

Maintenance and security requirements and responsibilities.

4.

Identification of a garden coordinator to perform the coordinating role for the management of the community gardens.

5.

The name, telephone number and email address of the garden coordinator and a copy of the operating rules shall be kept on file with the zoning administrator.

6.

A copy of item 5 will be laminated and posted at the sight.

f.

Offsite drainage - Explanation of the method of design and maintenance that will control water and fertilizer from draining onto adjacent properties.

g.

A copy of a signed written agreement either stating that the garden coordinator(s) is the person or persons who own or otherwise have the present right of possession and control of the tract upon which the community garden is situated. Any change of the coordinator will need to be in writing and given to the zoning administrator.

h.

Any other relevant information related to the operation of the community garden, if requested by the zoning administrator or board of zoning adjustments.

(4)

Other regulations:

a.

Sales - There shall be no retail sales on site, except as permitted.

b.

The site will follow all other city ordinances that are applicable.

c.

Violation of any of the standards set out herein shall be cause for immediate revocation of the community gardens permit issued by the city.

d.

The city shall not be obligated for any loss, financial or otherwise, which may occur by a permittee as a result of a revocation or termination of the permit by the city. The permittee expressly waives any claims for expenses or loss which the permittee might incur as a result of the city's revocation or termination of the community garden permit.

e.

Upon expiration or the termination of the community garden permit, the permittee shall restore the premises to its pre-garden condition on the effective date, normal wear and tear expected, immediately cease all operations on the premises.

f.

The city may at all times enter upon the community garden site without notice and conduct a full inspection of the condition and assessment of the property on which the community garden is located.

g.

Any community garden permittee shall protect, defend, indemnify and hold the city and its elected officials, officers, employees, representatives and agents harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including damages to permittee's officers, employees, invitees, guests, agents or contractors which arise out of or in any way directly or indirectly connected to any permit issued by the city permitting a community garden.

(Ord. No. 2475, § 2, 12-17-2012)

TABLE 1
QUANTITATIVE DEVELOPMENT CRITERIA

(Ord. No. 2001, § 5, 11-23-98; Ord. No. 2201, § 1, 5-10-2004; Ord. No. 2275, § 1, 11-28-2005; Ord. No. 2312, § 1, 12-4-2006; Ord. No. 2366, § 1, 7-28-2008; Ord. No. 2455, § 3, 5-14-2012)

(1)

General regulations.

a.

All fences and walls located, erected, or constructed in the City of Homewood shall conform to the requirements of this section.

b.

When this section conflicts with the regulations of the building and/or fire code, the building and/or fire code shall prevail.

c.

No exterior fence or wall exceeding twelve (12) inches in height shall be erected, installed, constructed, or otherwise altered except in strict compliance with the terms and provisions of this ordinance and any other adopted codes and regulations.

d.

The following are exempted from the terms of this section:

1.

Temporary or silt fencing on a construction site where land disturbing activity has been approved.

2.

Temporary utility safety measures for work in the public right-of-way or on city property.

3.

Temporary fencing for special events as determined by the administrative official.

4.

Fences and walls enclosing public or private utility substations, including cell tower facilities.

e.

No exterior fence or wall shall be erected, installed, constructed, or otherwise altered until such time a permit is issued, or upon the determination by the administrative official that a permit is not required.

f.

No permit shall be issued until such time as the administrative official approves the plans and specifications for the erection, installation, construction or alteration of an exterior fence or wall.

g.

Permit applications shall be accompanied by a plan or survey, and showing the following in sufficient detail to enable the administrative official to ascertain whether the proposed fence or wall is in conformance with this ordinance:

1.

The location of the fence or wall.

2.

The dimensions of the fence or wall, including height, width, and length.

3.

A list and description of all materials to be used, including lighting, irrigation system, etc.

4.

A photograph, manufacturer's cut-sheet, or other information that shows the appearance and finish of all materials.

5.

A landscape plan that includes the following information, as necessary for the administrative official's review: location, species, (common name), the caliper and/or container size at the time of installation , and the expected width, height, and percentage of opacity after one (1) year's growth.

h.

Chain-link or wire mesh fences are prohibited in a front yard of any residential district.

i.

Natural fences placed in any front yard shall be maintained at a height that does not exceed three (3) feet.

j.

The placement of fences and walls on corner lots must be approved by the city engineer to ensure visibility is not obstructed.

k.

The placement of fences and walls along an accessible alley must be approved by the city engineer to ensure maneuverability and visibility are not obstructed.

l.

A permit application for a fence or wall that will extend into a utility easement or right-of-way must include written approval of the agency governing the easement or right-of-way.

m.

Sitting walls shall not exceed twenty-four (24) inches in height or twenty-four (24) inches in width.

n.

Fences and walls shall include a gate or opening with a minimum access width of thirty-six (36) inches.

o.

Where a retaining wall protects a cut below or a fill above the natural grade and is located on the line separating lots or properties, such retaining walls may be topped by a fence with an overall height, as measured from grade to the top of the fence, that would otherwise be permitted at the location if no retaining wall existed.

p.

An existing non-conforming fence or wall must be brought into conformance if it is removed, or if twenty-five (25) percent of the overall fence is altered or replaced.

q.

An existing non-conforming fence or wall must be brought into conformance if the lot is redeveloped, or if the principal structure is improved to the extent of more than fifty (50) percent of its current replacement value.

r.

The following materials shall be prohibited in the construction of fences and walls:

1.

Materials not typically used, designed, or manufactured for fencing such as used metal roofing panels, pallets, tarps, chip board, or plywood.

2.

Scrap materials, such as scrap lumber or scrap metal.

3.

Security wire, such as barbed wire, concertina wire, or razor wire.

4.

Electrified fencing, except for underground pet fencing.

s.

No fence or wall shall be erected, installed, constructed, or otherwise structurally altered unless the material utilized therefore is of like-new condition and such that the grade and quality of said material is the same on all sides, including the front and back.

t.

The finished side of any fence need not face to the outside of the lot on which the fence is constructed. The choice rests with the owner of the fence.

u.

Fences and walls located in a special flood hazard area, or a floodprone area as determined by the city engineer, shall meet the placement and design standards for structures outlined in the city's adopted flood damage prevention ordinance, including but not limited to:

1.

Certification by a registered professional engineer that the location or materials of the fence or wall will cause no adverse impact.

(2)

Regulations for fences and walls in detached dwelling zoning districts. In addition to subsection (1), general regulations, exterior fences, and walls to be located, erected or constructed in detached dwelling zoning districts or which will enclose a lot or tract of land used for detached dwelling purposes, in any zoning district, must conform to the requirements of this section.

a.

Fences and walls located in a side or rear yard shall have a maximum height of eight (8) feet.

b.

No fence shall extend beyond the predominant front wall of a dwelling.

c.

In the case of a corner lot, or a lot with two or more front yards, fences and walls of eight (8) feet or less in height, may be permitted within all yards except the predominant front.

d.

Fences and walls shall be set back a minimum of nine (9) feet from a street right-of-way.

e.

Permit applications for fences or walls to be placed within five (5) feet of a property line that is adjacent or runs parallel to an accessible alley must include a current survey (dated within twelve (12) months of the permit application submittal) and must be approved by the city engineer to ensure maneuverability and visibility will not be impeded or obstructed.

f.

Fences and walls shall include a gate for egress in conformance with applicable building and fire codes.

(3)

Regulations for fences and walls in attached-dwelling, commercial, institutional, manufacturing and the planned zoning districts. In addition to subsection (1), general regulations, exterior fences, and walls to be located, erected or constructed in attached-dwelling, commercial, institutional, manufacturing or planned zoning districts shall conform with this section.

a.

Exterior fences and walls are permitted in the predominant front yard in the manufacturing and institution districts provided that:

1.

The lot area exceeds two (2) acres.

2.

Fences or walls shall be constructed of an open design material, such as chain-link/wire-mesh, split-railed, or aluminum/wrought-iron, with at least fifty (50) percent of the surface area open and providing direct view through the fence or wall.

3.

An open design fence may be mounted on a solid brick base with a maximum base height of two (2) feet.

4.

Fences and walls shall not exceed eight (8) feet in height.

5.

Fences and walls shall meet applicable wind load requirements.

6.

Fences and walls shall include a gate for egress in conformance with applicable building and fire codes.

b.

Exterior fences and walls are permitted in the predominant front yard in the attached dwelling unit districts, or on an attached dwelling site located within a planned district, provided that:

1.

Fences or walls shall be constructed of an open design material, such as split-railed, or aluminum/wrought-iron, with at least fifty (50) percent of the surface area open and providing direct view through the fence or wall.

2.

In attached dwelling unit districts, or on an attached dwelling site located within a planned district, chain-link, wire-mesh and similar materials are prohibited in the predominant front yard, or in any yard visible from a city street or right-of-way.

3.

An open design fence may be mounted on a solid brick base with a maximum base height of two (2) feet.

4.

Fences and walls shall not exceed four (4) feet in height.

5.

Fences and walls shall meet applicable wind load requirements.

6.

Fences and walls shall include a gate for egress in conformance with applicable building and fire codes.

c.

Exterior fences and walls are permitted in the commercial and planned districts provided that:

1.

Fences and walls shall be permitted in a side or rear yard .

2.

No fence shall extend beyond the predominant front wall of the principal structure.

3.

In the case of a corner lot, or a lot with two (2) or more front yards, fences and walls of eight (8) feet or less in height may be permitted within all yards except the predominant front.

4.

Fences and walls shall be set back a minimum of nine (9) feet from a street right-of-way and five (5) feet from an accessible alley.

5.

Fences and walls shall have a maximum height of eight (8) feet.

6.

Fences and walls shall meet applicable wind load requirements.

7.

Fences and walls shall include a gate for egress in conformance with applicable building and fire codes.

d.

A security fence or wall may be constructed within a side or rear yard of a public or private school, nursery or daycare facility, or a public park or playground provided that:

1.

Fences or walls shall be of an open design, such as chain-link, wire-mesh, split-railed, aluminum or wrought-iron, with at least fifty (50) percent of the surface area open and providing direct view through the fence or wall.

2.

An open design fence may be mounted on a solid brick base with a maximum base height of two (2) feet.

3.

Fences and walls shall not exceed eight (8) feet in height.

4.

Fences and walls shall meet applicable wind load requirements.

5.

Fences and walls shall include a gate for egress in conformance with applicable building and fire codes.

(Ord. No. 2857, § 3, 11-28-2022)