Development under several of the zoning districts requires approval of a development plan by the City of Homewood, in accord with procedures contained in this article, prior to zoning action and issue of a building permit.

(1)

Approval of a preliminary development plan is required prior to the zoning of property to the R-6 Residential District, the planned districts, institution developments on sites of three (3) acres or more or featuring more than one (1) building, and proposed buildings with height determined by the floor area ratio method.

(2)

Approval of a final development plan is required prior to issuance of a building permit for all development requiring a preliminary development plan, the Urban Renewal Districts, shopping centers, industrial parks and office parks.

(Ord. No. 2260, § 1, 7-25-2005)

(1)

A person or firm applying for a zoning amendment to establish a district stipulated in subsection (1) of section B of this article shall submit a preliminary development plan to the planning commission, consisting of:

a.

A site plan showing:

1.

The direction of north, appropriate scale and topography.

2.

The location of subject property in relation to the vicinity.

3.

The use of property adjacent to the site.

4.

The proposed use of land and density of development for the site.

5.

Proposed access to, and traffic circulation within, the site.

b.

A proposed development schedule for the project.

c.

The development shall be located in an area for which public facilities and services are available and adequate for the uses proposed; provided, however, that the applicant may provide such facilities which are not presently available, and written assurance of such provision shall be included as a part of the preliminary development plan.

d.

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:

1.

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

2.

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.

3.

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

(2)

The planning commission and city council shall review and dispose of the proposed zoning amendment or any amendment to an approved preliminary development plan, in accord with procedures set forth in Title 11, Chapter 52, Article 4 of the Code of Alabama 1975, as amended.

(1)

Prior to removal of natural vegetation, restructuring of the land, or construction of any improvements, an approved final development plan is required for all developments stipulated in subsection (2) of section 2 of this article. A plan shall be submitted to the planning commission, which is consistent with the preliminary development plan, and containing:

a.

A site plan showing:

1.

The direction of north, appropriate scale and topography in not greater than five (5) foot contour intervals.

2.

The proposed location and height of all structures.

3.

The use of all structures and land.

4.

The location and use of structures adjacent to the site.

5.

The location, area and number of parking spaces and maneuvering areas.

6.

The location and dimensions of streets, driveways and walks on and off the site.

7.

All service and loading spaces.

8.

The location, size, number and character of all exterior signs and lighting.

9.

The location, character and extent of existing vegetation, landscaping, retaining and screen walls and other treatment for the protection of adjoining property.

10.

The facilities for surface drainage of the premises.

11.

Location and character of all public improvements including utilities.

b.

The public improvements included in the final development plan shall be consistent with the Homewood Subdivision Regulations.

c.

A copy of any deed restrictions to be recorded.

d.

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 planning commission).

e.

A development schedule indicating the approximate date when construction of the development or stages thereof can be expected to begin.

f.

Any other information necessary to establish compliance with this and other ordinances or the availability of adequate utility capacity.

g.

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 designed and approved pursuant to the fire prevention code as currently adopted by the City of Homewood.

(2)

Final development plans for Planned Development Districts shall conform to the following additional criteria:

a.

The applicant shall provide for and establish an organization or other legal entity for the control and maintenance of any common areas designated on the final development plan. Such organization shall be created by covenants running with the land, and such covenants shall be included as a part of final development plans and subject to approval by the city council.

b.

Improved, commonly owned or controlled, functional open space shall be required for planned developments, any portion of which features densities deemed by the planning commission, to be in excess of that which is appropriate for the site. The appropriate density for any site shall be determined by: the developed density of the surrounding area, the density permitted in the zone district in which the proposed use is a permitted use, and other factors deemed appropriate by the planning commission.

c.

Structures and open space shall be arranged in such a way as best to serve the needs of residents and commercial users of the planned development and to minimize any adverse effects on neighboring districts.

d.

Scenic assets and natural features, such as trees, streams, and topographic features, shall be protected and preserved to the extent possible.

e.

At least fifty (50) percent of area remaining after the development of buildings, parking, rights-of-way, and utility or drainage easements, shall be developed to serve the needs of the residents of the development; including but not limited to landscaping, patios, walks, play areas, recreation and other uses consistent with the character of the planned development.

f.

Buffers and building setbacks shall recognize and honor existing adjacent land development. All structures shall be situated so as to conform to the National Fire Code, "Standard 80A, Protection of Buildings from External Exposure Fires," as amended or supplemented.

g.

Adequate screening and separation between different land uses shall be provided by means of buffers or other acceptable methods.

h.

Vehicular access to the planned development shall be from streets capable of supporting existing and projected traffic. No streets or roads within the planned development shall connect to the public street system in such a way to encourage use of minor streets for through streets.

i.

The planned development shall include provisions for safe and convenient pedestrian access and circulation.

(1)

Upon receipt of an applicant's final development plan, the planning commission shall transmit a copy of the plan to the city engineer and such agencies as the planning commission may deem appropriate for their review, report, and recommendation. Such officials and agencies shall each within thirty (30) days from receiving the plan and documentation, furnish to the planning commission a report pertinent to their respective jurisdiction and concerns.

(2)

The planning commission shall review the applicant's final development plan and within ninety (90) days following the applicant's submission of the plan to the planning commission, the planning commission shall approve or disapprove the plan. If disapproved, the planning commission shall also prepare a written report stating clearly the reasons and justification therefor, and identify what changes are necessary in order for the plan to be approved. Such written disapproval shall be transmitted to the applicant.

(3)

When the final development plan has been approved by the planning commission, the planning commission shall so certify on the record copy of the approved final development plan. The certified copy of the approved final development plan shall be retained in the records of the planning commission.

(4)

The approved final development plan is not a subdivision plat. The city's subdivision regulations shall be enforced with regard to the subdivision of land and the dedication of public improvements.

(1)

The final development plan may be amended by the planning commission, provided the procedure specified in section E for review and approval is followed.

(2)

Minor changes in the location, siting, elevation, or character of buildings and structures as 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 this ordinance. All other changes in the final development plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a final development plan.