The provisions of this article shall govern the location and use of structures and land within the incorporated areas of the city. However, the location and use of structures and land owned by state or federal governmental entities are exempt from the regulations of this chapter. With the following exceptions:

(1)

All construction activity required within the city's rights-of-way for the development or redevelopment of state and federally owned structures and land shall be coordinated with and approved by the city.

(2)

If and when any state or federally owned structure and land comes under private ownership, the regulations of this chapter shall apply to said structure and land.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

No building, structure, or land shall hereafter be used and no existing building or structure or part thereof shall be erected, constructed, reconstructed, moved, or altered except in conformity with the regulations herein specified for the zoning district in which it is located and as per article IX, nonconformance.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

No building or structure shall hereafter be erected, constructed, reconstructed or altered to:

(1)

Exceed the height limits specified in each zoning district, with the exception that such height limits contained in the zoning district regulations shall not apply to church steeples, spires, belfries, cupolas, antennas, barns, silos, farm structures, conveyors, chimneys, derricks, ventilators, flag poles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, and similar structures and appurtenances not intended for human occupancy.

(2)

Accommodate or house a greater number of families or occupy a smaller lot area per family than provided for in this article.

(3)

Have less setback from the street right-of-way or narrower setbacks than are herein required for the zoning district in which said building is located.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

No lot shall be reduced in area or subdivided in such a manner so that the resulting lots fail to meet minimum zoning requirements for use, coverage and area, or so that setbacks and other open spaces total less than the minimum lot area required under this article. This section shall not apply when a portion of a lot is acquired for a public purpose.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

In each zoning district, each structure hereafter erected or altered, shall be provided with the setbacks specified, and shall be on a lot of the area and width specified in this chapter. No open space or lot required for a building or structure shall, during its life, be occupied by or counted as open space for another building or structure. Except as hereafter provided, no setback or other open space provided, nor the off-street parking and loading spaced required, about any building for the purpose of complying with the provisions of this article shall hereafter be included as a part of a setback or other open space or the off-street parking or loading spaces for any other building.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The following provisions shall apply to the setback requirements defined in this chapter:

(1)

Front setback.

a.

The front setback requirements of this chapter for dwellings shall not apply on any lot, where the average setback of existing dwellings located wholly or in part within 100 feet on each side of such lot, within the same block and zoning district and fronting on the same side of the street, is less than the minimum required setback. In such cases, the setback on said lot may be less than the normal setback required by the zoning district regulations, but no less than the average of the setbacks of the aforementioned existing dwellings. However, in no case, shall setbacks be less than 15 feet.

b.

In the case of double frontage lots (figure 1 - type C), unless the prevailing front setback pattern on adjoining lots indicates otherwise, a normal front setback shall be provided on all frontages as required by the zoning district regulations. Where one of the front setbacks that would normally be required on a double frontage lot is not in keeping with the prevailing setback pattern, the enforcing officer may waive the requirement for the normal front setback and substitute therefor a special setback requirement which shall not exceed the average of the setbacks provided on adjacent lots.

c.

In the case of corner lots abutting a curved street or streets (figure 1 - type A), unless the prevailing front setback pattern on adjoining lots indicates otherwise, a normal front setback shall be provided along the entire curve as required by the zoning district regulations.

d.

In the case of corner lots with double frontage (figure 1 - type A), unless the prevailing front setback pattern on adjoining lots indicates otherwise, a normal front setback shall be provided on either frontage and a second front setback of half the required normal front setback shall be provided on the other frontage as required by the zoning district regulations.

e.

In the case of corner lots with more than two frontages (figure 1 - type A), unless the prevailing front setback pattern on adjoining lots indicates otherwise, the enforcing officer shall determine the front setback requirements, subject to the following limitations:

1.

At least one normal front setback shall be provided having the full depth required by the zoning district regulations.

2.

No other front setback on such lot shall have less than half the normal full depth required by the zoning district regulations.

f.

In the case of interior lots (figure 1 - type B), unless the prevailing front setback pattern on adjoining lots indicates otherwise, a normal front setback shall be provided as required by the zoning district regulations.

g.

The required front setbacks shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding.

(2)

Rear setback. In the case of double frontage lots and corner lots, there will be no rear setbacks, but only front and side setbacks. The required setback shall be measured in such a manner that the setback established is a strip of the minimum dimension required by the zoning district regulations with its inner edge parallel with the lot line.

(3)

Side setback.

a.

The side setback requirements for corner lots shall be the same as the side setback requirements for the next adjacent lot fronting on the street that the side setback of the corner lot faces. If the width of the permitted buildable area of the lot is reduced below 30 feet, the side setbacks may be reduced sufficiently to permit this buildable area width. However, in no case shall the setback be reduced to less than ten feet.

b.

In the case of double frontage lots, side setbacks shall extend from the rear lines of the front setbacks required.

c.

In the case of corner lots, after full-depth and half-depth front setbacks have been established, the required setbacks along the other lot lines shall be considered side setbacks.

(4)

Special setback. The enforcing officer may require a special setback with minimum dimensions as generally required for a side setback or a rear setback in the zoning district, determining which shall apply by the relation of the portion of the lot on which the setback is to be located to the adjoining lot, with regard to the orientation and location of structures and buildable areas thereon.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

No building for human occupancy shall be erected on a lot or parcel of land, which does not have the required minimum lot frontage or is not a lot of record upon a dedicated public street right-of-way that is improved or an approved private street right-of-way that is improved. Except, a lot or parcel of land that is landlocked or a parcel of land not less than 20 acres may be accessed from said improved rights-of-way by means of a 25 feet minimum width access easement (improved or unimproved) across other property(s). However, said lot or parcel of land shall not be further subdivided without having first obtained the approval of the planning commission in accordance with the provisions of the city's subdivision regulations. Said access easement shall be recorded in the Office of the Probate Judge of Calhoun County, Alabama and shall constitute a covenant running with the property(s) referenced and shall be binding upon the property owner(s), property owner(s) heirs, administrators, executors, assigns, and any other successors interest. Should there be a change in the use or ownership within any individual property which is bound by said access easement, the transfer of or changes to said access easement shall be subject to the review and approval of the planning and building department, or if determined necessary, the review and approval of the planning commission.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

It is the intent of this article that there shall be but one main structure plus any permitted accessory structures on any lot in an R-1 single-family residential district or R-2 two-family residential district. The number of multi-family dwellings allowed on any lot in an R-3 multi-family residential district will be based upon either the minimum lot size or the minimum lot width (whichever allows the fewest number). No single-family dwelling or two-family dwelling shall be allowed on any lot used by any other residential structure in an R-1, R-2, or R-3 district, except developments with multiple two-family dwellings shall be allowed on any lot in an R-3 multi-family residential district with the following conditions:

(1)

Minimum land area required: one acre.

(2)

Maximum density: three two-family dwellings per acre.

(3)

Minimum distance between main structures: 30 feet.

(4)

These developments will be under the authority of the planning commission and will require submission of an application for development review.

(5)

Off-street parking: Shall be as per article IV of this chapter.

(6)

Sidewalks: Shall be as per section 24-608 of this chapter.

(7)

Landscaping: Shall be as per article V, division I of this chapter.

(8)

Common recreation space: At least ten percent of the total area shall be dedicated to common open space for recreational use. The space shall be of adequate dimension to allow for such use. Adequate access to the space shall be provided.

(9)

Each dwelling unit shall have its own utility services.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-632-21, § I, 9-27-2021)

In addition to the main structure or use, each of the following structures or uses are considered to be customarily accessory, and as such, may be situated on the same lot with the main structure or use to which it serves as an accessory.

(a)

The following structures or uses customarily accessory to farms and other agricultural uses are permitted:

Barns, stables, and other facilities for livestock.

Cemeteries.

Creameries.

Dwellings for migratory workers.

Facilities for hatching or butchering of fowl.

Feed lots.

Greenhouses.

Private garages.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

Storage facilities for produce.

(1)

All accessory structures or uses operated above ground shall observe all setbacks and other requirements set forth for the zoning district within which they are located, except for the following:

a.

Barns, stables, and other facilities for livestock shall be as set forth in chapter 5, article II of the city's Code of Ordinances.

b.

Accessory structures for human occupancy may not exceed 35 feet (2½ stories). Accessory structures not for human occupancy may exceed 35 feet, provided such structures comply with any other applicable codes, and provided further, that such structures shall not be located less than their height plus ten feet to any property line.

(b)

The following structures or uses customarily accessory to dwellings are permitted:

Home workshop; provided, that there is no external storage of materials or equipment, and no nuisances shall be generated by heat, glare, noise, smoke, vibration, noxious fumes, odors, vapors, gases, or matter at any time.

Greenhouse; for growing noncommercial flowers, ornamental shrubs or vegetables.

Private garage.

Private kennel or other quarters; for the keeping of poultry or animals for noncommercial purposes; provided, that such use does not generate a nuisance to adjoining properties and conforms to all other city regulations.

Swimming pool (hot tub or spa), pool house or cabana; provided, that if said pool (hot tub or spa) is permanently constructed in or above the ground or is temporary or inflatable which can be filled to a depth in excess of 24 inches shall have the pool (hot tub or spa) area completely enclosed by a fence or wall not less than four feet in height. Fence or wall shall be constructed in a manner to reduce the risk of a child scaling such fence or wall to gain entry into the pool (hot tub or spa) area. Entries shall have a self-closing and self-latching gate or door. Where the self-latching device is less than 54 inches above the bottom of gate or door, the release mechanism shall be located on the pool (hot tub or spa) side of the gate or door. Self-closing and self-latching gates and doors shall be maintained such that they will positively close and latch when released from an open position of six inches. Hot tubs or spas which have an approved safety cover shall be exempt from the fence and wall requirement. The use of said pool house or cabana as a dwelling is prohibited. A swimming pool (hot tub or spa) under construction or those that are no longer being operated shall be treated, altered, or maintained in a manner so as to prevent the development of unsanitary conditions, potential injury, or possible drowning.

Private tennis court, basketball court, and batting cage.

Shed or tool room; for the storage of equipment used in grounds or building maintenance.

(1)

All accessory structures or uses operated above ground shall observe all setbacks and other requirements set forth for the zoning district within which they are located, except for the following:

a.

Accessory structures or uses may be located within the rear setback of interior lots, but not less than five feet from the rear lot line and may be located within the side setbacks of corner lots, but not less than five feet from the side lot lines.

b.

Accessory structures or uses located on lots used for residential purposes shall not exceed two stories (maximum 25 feet) in height. However, in no case shall said structures or uses exceed the maximum height of the dwelling roofline.

c.

No single accessory structure or use located on lots for residential purposes shall exceed 600 square feet or 40 percent of the principal structure's floor area, whichever is more.

d.

No part of the accessory structure or use, except swimming pools as noted in subsection 24-68(b)(1)e., shall be located closer to the front lot lines than the main structure or use, except accessory structures or uses may be located in the buildable area to the rear of the dwelling on a double frontage lot.

e.

Swimming pools (including decks and appurtenances) on corner lots may be located to the designated second front setback line as set-forth in section 24-65 setback requirements.

(c)

The following structures or uses customarily accessory to church buildings are permitted:

Cemeteries.

Kindergartens.

Parsonage, rectory, manse, pastorium or parish house, together with any use accessory to a dwelling as listed under subsection (b) of this section.

Religious education buildings.

(1)

All accessory structures or uses operated above ground shall observe all setbacks and other requirements set forth for the zoning district within which they are located, except for the following:

a.

Accessory structures or uses may be located within the rear setback, but not less than five feet from the rear lot line.

b.

Accessory structures or uses located in residential zoning districts shall not exceed two stories (maximum 25 feet) in height.

c.

No part of the accessory structure or use shall be located closer to the front lot lines than the main structure or use.

(d)

The following structures or uses customarily accessory to retail business, office uses and commercial recreational facilities are permitted:

Swimming pool (hot tub or spa), pool house or cabana, provided that if said pool (hot tub or spa) is permanently constructed in or above the ground or is temporary or inflatable which can be filled to a depth in excess of 24 inches shall have the pool (hot tub or spa) area completely enclosed by a fence or wall not less than four feet in height. Fence or wall shall be constructed in a manner to reduce the risk of a child scaling such fence or wall to gain entry into the pool (hot tub or spa) area. Entries shall have a self-closing and self-latching gate or door. Where the self-latching device is less than 54 inches above the bottom of gate or door, the release mechanism shall be located on the pool (hot tub or spa) side of the gate or door. Self-closing and self-latching gates and doors shall be maintained such that they will positively close and latch when released from an open position of six inches. Hot tubs or spas which have an approved safety cover shall be exempt from the fence and wall requirement. The use of said pool house or cabana as a dwelling is prohibited. A swimming pool (hot tub or spa) under construction or those that are no longer being operated shall be treated, altered, or maintained in a manner so as to prevent the development of unsanitary conditions, potential injury, or possible drowning.

Repair facilities incidental to the principal use; provided, that dust, odor, smoke, vibrations, heat or glare produced as a result of such repair operations are not perceptible from any boundary line of the lot on which said principal and accessory uses are located and provided such operation is not otherwise specifically prohibited in the zoning district in which the principal use is located.

Sheds or tool rooms; for the storage of equipment used in operations or maintenance.

(1)

All accessory structures or uses operated above ground shall observe all setbacks and other requirements set forth for the zoning district within which they are located, except for the following:

a.

Accessory structures or uses may be located within the rear setback, but not less than five feet from the rear lot line, if the adjacent property is not zoned residential.

b.

Accessory structures or uses shall not exceed two stories (maximum 25 feet) in height, if located within 100 feet of a residentially zoned district.

c.

No part of the accessory structure or use shall be located closer to the front lot lines than the main structure or use, except as approved by the planning commission.

(e)

The following structures or uses customarily accessory to public uses, buildings, or activities are permitted:

All accessory structures or uses to any use, building, or activity operated within the public domain if they are directly related and subordinate to the principal use, building, or activity.

(1)

All accessory structures or uses operated above ground shall observe all setbacks and other requirements set forth for the zoning district within which they are located, except for the following:

a.

Accessory structures or uses may be located within the rear setback but not less than five feet from the rear lot line.

b.

Accessory structures or uses shall not exceed two stories (maximum 25 feet) in height, if located within 100 feet of a residentially zoned district.

c.

No part of the accessory structure or use shall be located closer to the front lot lines than the main structure or use.

(f)

Distance between buildings. No accessory structure shall be located closer than ten feet to a main structure or to any other accessory structure, except as provided in subsection (g) of this section.

(g)

Attachment of accessory structures to main structures. When an accessory structure is attached to the main structure by a breezeway, passageway, or similar means, it shall be considered a part of that main structure and shall comply with the setback requirements of the main structure to which it is attached.

(h)

Accessory structures used as a dwelling are prohibited, except as specified in section 24-68(a).

(i)

No accessory structures or uses shall remain on a lot or parcel of land in a residential zoning district when the main structure no longer exists on said lot or parcel of land. The accessory structures or uses shall be removed within 12 months, if there is no main structure. If the main structure no longer exists due to a natural disaster, the accessory structures or uses shall be removed within 18 months.

(j)

Accessory structures do not include: vending machines and bagged ice storage bins that are connected to the main structure's electrical supply, propane gas bottle storage cabinets and similar structures installed directly adjacent to the main structure, or shopping cart corrals installed in a parking lot.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-625-21, §§ I, II, 3-8-2021)

(a)

The maximum number of occupants permitted to reside in a dwelling unit in a particular zoning district shall comply with the following table, except as specified otherwise in this chapter for a bed and breakfast home and accommodations noted in section 24-69(d).

(b)

For the purposes of this section, the definition of one of the unrelated individuals residing with a family may include the minor children of such unrelated individual residing with him or her.

(c)

For the purposes of this section, a person shall be considered an occupant of a dwelling unit if he or she stays overnight in the dwelling unit for more than seven days within a 30-day period.

(d)

Notwithstanding the occupancy limits stated herein, a request for reasonable accommodation may be made by any person with a disability or handicap, or by an entity acting on behalf of a person or persons with disabilities or handicaps, seeking equal access to housing under the Rehabilitation Act, the Americans With Disabilities Act, the Federal Fair Housing Amendments Act, the regulations as to housing of mentally retarded or mentally ill persons in multi-family zone under Code of Ala. 1975, § 11-52-75.1, as amended, or similar state and federal statutes, under the following procedure:

(1)

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the building inspector, or in the form of a letter to the building inspector, and shall contain the following information:

a.

The applicant's name, address and telephone number.

b.

The street address or tax assessor's parcel number of the property for which the request is being made.

c.

The current actual use of the property.

d.

The law, provision, regulation or policy from which reasonable accommodation is being requested.

(2)

Additional information. The following information shall be submitted with the application:

a.

A statement from the applicant describing the basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities or handicaps) is considered disabled or handicapped under the law.

b.

A statement as to why the requested accommodation is financially, therapeutically, or otherwise necessary to afford a handicapped or disabled person equal opportunity to use and enjoy the dwelling.

c.

Documentation supporting the financial, therapeutic, or other necessity for the accommodation.

(3)

Upon the filing of the application, together with all information required above, the building inspector shall render a decision on the request within 14 days of the receipt of the application and all required information. In the event the request is denied, the applicant may appeal that decision to the board of adjustment and appeals in accordance with section 24-704(d)(1), powers and duties - administrative review and section 24-705, actions on appeal, of this Code.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

In order to maintain the availability and functionality of existing business and manufacturing structures in B-1, B-2, M-1 and M-2 zoning districts, the main floor of said structures can be used for multi-family dwellings if said dwellings are part of a mixed-use (residential and commercial) plan.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The purpose of this division is to provide for certain zoning districts to accommodate and preserve residential uses and compatible development, to promote desirable, safe and healthful living conditions, to protect the stability and character of neighborhoods, to ensure orderly and proper development of residential areas, to protect property against blight and depreciation, to conserve the value of buildings, to secure economy in governmental expenditures, and to encourage certain public and semi-public uses which are necessary to serve the residents.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Permitted uses. The uses permitted in an R-1 district shall be as follows:

(1)

Single-family dwellings.

(2)

Golf courses, public or private.

(3)

Non-commercial agriculture in the rear and/or side yards and the raising of livestock and poultry (per city Codes) on the same lot that the dwelling is located on.

(b)

Conditional uses. The following conditional uses are permitted in an R-1 district:

(1)

Accessory buildings and structures customarily incidental to a residential development, provided such structures are located only in the buildable area in the rear and side yard.

(2)

Churches and similar places of worship, provided that the buildings are located not less than 35 feet from a property line contiguous to any residential zoning district.

(3)

Country clubs, provided that the buildings are located not less than 50 feet from a property line contiguous to any residential zoning district.

(4)

Fire stations, provided that there is a buffer as per article V, division 2, along the property lines of the side and rear yards.

(5)

Home occupations; provided, that:

a.

There shall be no change in the outside appearance of the dwelling or premises, or other visible evidence of the conduct of such home occupation other than signage as specified in section 24-566, permanent signs allowed with a sign permit - in all residential zoning districts.

b.

The home occupation and all associated operations are conducted totally within the dwelling by only those persons residing therein. More than one home occupation at a time is prohibited.

c.

The use of the dwelling for a home occupation shall be clearly incidental and subordinate to the use of the building for residential purposes, and not more than 25 percent of the floor area of the dwelling shall be used in the conduct of the home occupation. In no instance shall a home occupation utilize more than 400 square feet of the dwelling.

d.

Traffic (patrons and deliveries) shall not generate more than three trips per day in residential zoning districts and ten trips per day in all other zoning districts. Parking generated by the conduct of such home occupation shall be met off the street on an asphalt or concrete driveway and other than in a required front setback.

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable by the normal human senses off the property. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(6)

Libraries, community and recreation buildings, and similar public service facilities normally serving residential areas, including customary accessory structures, provided that the buildings are located not less than 35 feet from a property line contiguous to any residential zoning district.

(7)

Livestock and animal stables, barns or kennels, provided that:

a.

Such uses are located on a minimum of ten acres.

b.

The structure used for housing and confinement of the livestock is located at least 100 feet from a property line contiguous to any residential zoning district, or property line of a business, church, or school.

c.

There is not more than one animal per acre on average.

(8)

Parks and playgrounds, provided that there is a buffer as per article V, division 2, along any property line contiguous to any residential zoning district.

(9)

Public and private schools offering general education courses, provided that the buildings are located not less than 50 feet from a property line contiguous to any residential zoning district.

(10)

Public and quasi-public utility structures, such as electric, telephone, gas, or water/sewage pumping stations and similar structures, provided that:

a.

The structures are located not less than 25 feet from a property line contiguous to any residential zoning district.

b.

The structures are enclosed by a fence at least six feet high.

c.

There is no outside storage area and no vehicles are stored on the premises.

d.

Building exteriors shall be masonry on all sides.

e.

Routine maintenance shall be performed to the structures, fences, and property.

(c)

Space and height regulations. The following space and height regulations shall apply in an R-1 district:

(1)

Minimum setback.

(2)

Minimum lot size.

(3)

Maximum building height.

(4)

Maximum building area. 25 percent.

(5)

Minimum dwelling size. In an R-1 single-family residential district, the minimum square footage of a new single-family dwelling (heated area) shall be at least the size of the smallest existing single-family dwelling (heated area) located within 400 feet, measured property line to property line, along the same street of said new dwelling or as per any applicable subdivision covenants.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-658-24, § I(a), 8-26-2024)

(a)

Permitted uses. The uses permitted in an R-2 district shall be as follows:

(1)

All uses permitted without conditions in the R-1 district.

(2)

Two-family dwellings.

(b)

Conditional uses. The following conditional uses are permitted in an R-2 district:

(1)

All conditional uses permitted in the R-1 district.

(2)

Athletic field, provided that:

a.

The athletic fields, accessory structures, and buildings are located not less than 25 feet from a property line.

b.

A single athletic field, a perimeter fence shall be installed around the playing field.

c.

An athletic field complex, a perimeter fence at least six feet in height shall be installed around the complex perimeter along the side and rear property lines. If contiguous to a residential zoning district, a privacy fence six feet in height shall be installed.

(3)

Auditorium, provided that:

a.

The building is located not less than 50 feet from a property line contiguous to any residential zoning district.

b.

There is a buffer as per article V, division 2, along the side and rear property lines contiguous to any residential zoning district.

(4)

Bed and breakfast home, provided that:

a.

The residential structure has a minimum of 2,500 square feet of habitable space.

b.

The number of off-street parking shall be provided as per article IV and shall be located on areas constructed of asphalt or concrete pavement.

c.

A site plan showing off-street parking and lighting shall be submitted to the planning department and be approved by the planning commission. If the applicant is unable to meet the parking and lighting criteria, the applicant may request a variance from the board of adjustment and appeals. The city's intent is not to encourage yards to be destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In such a case the applicant shall submit an analysis of parking required and parking provided. After analyzing this study, the board of adjustment and appeals may lower the number of required parking spaces based on a finding that sufficient parking exists.

d.

No dining facilities open to the general public.

e.

One on-premises ground mounted non-illuminated sign not to exceed four square feet in area for the sole purpose of identifying the facility.

f.

The exterior appearance of the structure shall not be altered from its single-family character.

g.

No more than three adult occupants per guest bedroom shall be allowed.

h.

Due to the desirability of a historical bed and breakfast home by the community and the many historical and cultural advantages it brings to a community, in addition to providing sleeping rooms and breakfast for hire, special events, limited to weddings, receptions, luncheons, dinner parties, and business meetings, may be held at a bed and breakfast home provided the following is met:

1.

Parking for special events between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, must be contained entirely on the premises of the bed and breakfast home. All other times, parking must be accommodated on the premises of the bed and breakfast home and/or off-site public parking.

i.

The home must be occupied by and operated by the property owner. The property owner must obtain a city business license. The business license number shall be on any advertisements or listings.

j.

The premises meets the applicable city building codes and is equipped with safety features such as, but not limited to the following: smoke and carbon monoxide detectors, operable egress windows in sleeping areas, proper hand and guardrails, GFCI protection, fire extinguishers, properly displayed 9-1-1 address, fire escape plan displayed in each room, and emergency egress lighting.

k.

The residential structure is inspected by a licensed home inspector for compliance with section 24-102(b)(4)j. An inspection report shall be provided to the enforcing officer for review and approval. Said report shall document any deficiencies and state how each deficiency was addressed.

l.

The property owner pays lodging tax to the city.

m.

Prior to the issuance or renewal of a city business license, the property owner provides proof of the following insurance coverage:

1.

A rider on the homeowner's policy for the permitted address that expressly covers a bed and breakfast and provides a minimum of $1,000,000.00 liability and personal injury coverage; or

2.

A commercial insurance policy covering a bed and breakfast at the permitted address that provides a minimum of $1,000,000.00 liability and personal injury coverage.

The insurance required above shall be without prejudice to coverage otherwise existing and shall not terminate or be cancelled during the coverage period of the bed and breakfast business license and any subsequent renewal periods.

n.

Any person operating a bed and breakfast without a business license is in violation of this section, and is subject to penalties in accordance with section 24-678, penalties for violation of chapter.

(5)

Hospitals, clinics, nursing homes, adult day care facilities, and related facilities, provided that:

a.

Such structures are located not less than 25 feet from a property line contiguous to any residential zoning district.

(6)

Nursery schools, public and private preschools, kindergartens and day care centers, provided that:

a.

The buildings are located not less than 25 feet from a property line contiguous to any residential zoning district.

(c)

Space and height regulations. The following space and height regulations shall apply in an R-2 district:

(1)

Minimum setback.

(2)

Minimum lot size.

(3)

Maximum building height.

(4)

Maximum building area. 30 percent.

(5)

Minimum dwelling size. In an R-2 two-family residential district, the minimum square footage of a new single-family dwelling (heated area) shall be at least the size of the smallest existing single-family dwelling (heated area) located within 400 feet, measured property line to property line, along the same street of said new dwelling or as per any applicable subdivision covenants. The minimum size of a two-family dwelling is not specified.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-658-24, § I(b), 8-26-2024)

(a)

Permitted uses. The uses permitted in an R-3 district are as follows:

(1)

All uses permitted without conditions in the R-2 district.

(2)

Multi-family dwellings.

(3)

Fire stations.

(4)

Residential condominiums and cooperatives.

(5)

Schools, libraries and community centers.

(6)

Townhouses, as provided in section 24-103(e) townhouse development.

(b)

Conditional uses. The following conditional uses are permitted in an R-3 district:

(1)

All conditional uses permitted in the R-2 district.

(2)

Mobile homes courts as permitted under article VI of this chapter.

(3)

Fraternity or sorority houses, provided that:

a.

Prior to the location of any fraternity or sorority house, application shall be made to the board of adjustment and appeals for a special exception upon such forms as provided by said board. Said application shall be accompanied by a payment of a minimum charge for associated costs, as determined from time to time by the city council. Further, said application shall show compliance with the conditions as set forth in subsections (b)(3)b. through (b)(3)e. of this section.

b.

The lot on which any fraternity or sorority house is to be located shall meet all applicable zoning requirements as to size, setbacks, and yards.

c.

A fence or hedge of at least four feet in height shall be maintained along the boundary of the side and rear yards of the lot.

d.

Parking requirements shall be one off-street parking space per each bed in the fraternity or sorority house with a minimum of six spaces per house.

e.

The structure and premises shall conform to all applicable fire safety regulations, as determined by the city's fire chief or his representative.

f.

Upon the filing of the application and payment of the minimum charge, the board of adjustment and appeals shall hold a public hearing for said application pursuant to and in accordance with the provisions of section 24-704(2). Approval of said application shall be granted by said board if it finds compliance with the conditions set forth in subsections (b)(3)a. through (b)(3)e. of this section, section 24-704(2) and it finds that the approval of said application will not adversely affect the public's interest.

(c)

Space and height regulations. The following space and height regulations shall apply to an R-3 district:

(1)

Minimum setback.

(2)

Minimum lot size.

a.

Area:

b.

Minimum lot width and frontage:

(3)

Maximum building height.

(4)

Minimum distance between main structures.

(5)

Maximum building area. 35 percent.

(6)

Minimum dwelling size. In an R-3 multi-family residential district, the minimum square footage of a new single-family dwelling (heated area) shall be at least the size of the smallest existing single-family dwelling (heated area) located within 400 feet, measured property line to property line, along the same street of said new dwelling or as per any applicable subdivision covenants. The minimum size of two-family dwelling or a multi-family dwelling are not specified.

(7)

Common recreational space. At least ten percent of the total area, but not less than 2,500 square feet, shall be dedicated to common open space for recreational use. The space shall be of adequate dimension to allow for such use. Adequate access to the space shall be provided.

(d)

Landscaping. Shall be as per article V, division 1 of this chapter.

(e)

Townhouse development. Notwithstanding any provision of this chapter to the contrary, the following provisions apply to the townhouse development:

(1)

Minimum land area required for a townhouse development: 21,780 square feet, this does not include any rights-of-way adjacent to or within the development.

(2)

Minimum lot size: 2,000 square feet for single-story townhouse units; 1,600 square feet for multi-story townhouse units.

(3)

Minimum lot width: 20 feet measured at the front setback line for single-story townhouse units and 16 feet measured at the front setback line for multi-story townhouse units.

(4)

Minimum setback: Front = 30 feet, rear = 20 feet, side = ten feet (except zero setback for common walls).

(5)

Maximum building area: 60 percent of the total lot area.

(6)

Maximum building height: 2½ stories, excluding basement, or 35 feet (excluding basement).

(7)

Number of units per building: minimum = three, maximum = eight.

(8)

Maximum length of building: Must provide a break in the roof line and/or the front building line at least every four units.

(9)

Off-street parking: As provided in article IV, off-street parking and loading.

(10)

Lot development: Each unit shall be constructed on its own subdivided and recorded lot.

(11)

Maximum density: ten units per acre, said acreage does not include any rights-of-way adjacent to or within the development.

(12)

Sidewalks shall be required as per section 24-608, sidewalks, of this chapter.

(13)

Building exterior shall be 70 percent masonry on the front and end walls.

(14)

The owner, or the developer, shall provide for and establish a homeowner's association to regulate the use, appearance, and maintenance of the development and the ownership and maintenance of any common open space designated on the townhouse development plan. The homeowner's association shall be created by covenants recorded in the Office of the Probate Judge of Calhoun County, Alabama running with the land, and such covenants shall be included as a part of the townhouse development plan and subject to approval of the city attorney and city council. The homeowner's association shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to another organization or legal entity conceived and organized to own and maintain the common open space), without first offering to dedicate the same to the city.

(Ord. No. O-614-20, Exh. A, 1-13-2020; Ord. No. O-658-24, § I(c), 8-26-2024)

The purpose of this division is to provide for certain zoning districts to accommodate and preserve business development, to provide locations for convenient exchange of goods and services in a reasonable and orderly manner; to protect the character and established pattern of desirable commercial development; to promote traffic access and movement; to conserve the value of property; and to exclude those uses that are incompatible with designated uses for the zoning districts.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Permitted uses. The uses permitted in a RIP district shall be as follows:

(1)

Churches and places of worship.

(2)

Multi-family dwellings.

(3)

Professional services (such as doctors, attorneys, architects, engineers, accountants, business consultants, insurance agencies, and financial institutions) offices of nonprofit agencies (such as church related activities, Red Cross, etc.), and government agencies and business and professional offices of similar or related professions, occupations or services.

(4)

Specific retail establishments as follows: florists, clothing, hardware, sports, dry cleaners, jewelry, drugstores, bookstores, household goods, home occupations, hobby shops, novelty and specialty shops, beauty shops and barbershops.

(b)

Conditional uses. The following conditional uses are permitted in a RIP district:

(1)

Townhouses, as provided in section 24-103(e), townhouse development.

(c)

Space and height regulations. The following space and height regulations shall apply in an RIP district:

(1)

Minimum lot size. Not specified, but it is the intent of this chapter that lots used for any commercial or residential use be of sufficient size to provide adequate parking and loading space in addition to the space required for the other normal operations involved in said use.

(2)

Minimum setback.

a.

Front. The front setback minimum shall be 25 feet from any building located thereon, the front five feet of which cannot be used to meet parking area (including driveways and aisles) requirements.

b.

Side. The side setback minimum shall be ten feet.

c.

Rear. The minimum rear setback is not specified, except where the rear of the lot is adjacent to a residential zoning district, it shall not be less than 20 feet.

(3)

Maximum building area. Two thousand five hundred square feet per story.

(4)

Maximum building height. Forty-five feet or three stories (excluding basement).

(5)

Common recreational space. At least ten percent of the gross area, but not less than 2,500 square feet shall be dedicated to common recreational space. The space shall be of adequate dimension to allow for such use. Adequate access to the space shall be provided.

(d)

Landscaping. Shall be as per article V, division 1 of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Permitted uses. The uses permitted in a B-1 district are the same as a B-2 district.

(b)

Conditional uses. The conditional uses permitted in a B-1 district are the same as a B-2 district.

(c)

Space and height regulations. The space and height regulations in a B-1 district are the same as a B-2 district.

(d)

Landscaping. Shall be as per article V, division 1 of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Permitted uses. The uses permitted in a B-2 district shall be as follows:

(1)

Ambulance services.

(2)

Animal hospitals and veterinary clinics, kennels, and pet shops.

(3)

Assisted living facilities.

(4)

Auto sales for new and used automobiles, including accessory uses.

(5)

Auto washes.

(6)

Banks.

(7)

Bus terminals.

(8)

Churches and places of worship.

(9)

Civic centers.

(10)

Civic clubs, lodges and country clubs.

(11)

Commercial schools.

(12)

Doctor, dentist or professional offices, with no limit on floor area.

(13)

Food or grocery stores.

(14)

Furniture and appliances stores, including repairs.

(15)

Hair styling shops for men and/or women.

(16)

Hardware stores, including wholesale.

(17)

Hospitals, clinics and nursing homes.

(18)

Hotels and motels.

(19)

Import distributor's display stores and/or shops.

(20)

Loft/basement dwellings.

(21)

Mortuaries and crematoriums.

(22)

Multi-family dwellings.

(23)

Offices.

(24)

Pawn shops.

(25)

Public and quasi-public uses and structures.

(26)

Post offices.

(27)

Restaurants, including drive-in and curb service restaurants.

(28)

Retail stores and markets, including the following type stores: food, general merchandise, apparel, hardware, drugs and sundries, jewelry and gift, florist, sporting goods and pet shops.

(29)

Services including the following types: dry cleaning and laundry pick-up station, laundromats, barbershop and beauty shop, shoe repair, offices, branch banks and branch post offices.

(30)

Stores or shops for retail sales of radio and/or television sets and supplies.

(31)

Tailor shops for clothing.

(32)

Television and/or radio repair shops.

(33)

Theaters and auditoriums.

(b)

Conditional uses. The following conditional uses are permitted in a B-2 district:

(1)

Auto parts supply, new or used, provided that no outside storage shall be permitted.

(2)

Auto repair shop, provided that all operations are conducted in a building which shall not have any opening, other than a stationary window, within 100 feet of a residential zoning district, and which shall not store or otherwise maintain any vehicles, parts or waste materials outside of such building for more than 45 days.

(3)

Bar, brewpub, nightclub, and tavern provided that:

a.

Any outdoor area used for serving and/or consumption of alcoholic beverages shall have a six feet high privacy fence or privacy wall around the outdoor area perimeter with emergency gates/doors as required by the enforcing officer and fire marshal.

(4)

Baseball/softball batting cages, provided that:

a.

Off-street parking requirements are satisfied on the lot. If any accessory use is developed in combination with the baseball batting cages additional off-street parking will be required.

b.

There is a buffer as per article V, division 2, along the side and rear property lines contiguous to a residential zoning district.

c.

The baseball/softball batting cages shall be so designed either by size of cage or installation of netting and/or other similar device to prohibit a baseball/softball from being projected beyond the lot boundaries.

(5)

Building, electrical, plumbing and heating supply, provided that any outside storage shall have a six feet high fence installed around the perimeter.

(6)

Commercial recreational facilities and amusement enterprises, including but not limited to, bowling alleys and pool parlors; provided that the use is conducted in an enclosed structure.

(7)

Dry cleaning and laundry plants, provided that the structures and their location are in accordance within applicable fire and safety codes.

(8)

Filling stations, provided, that:

a.

All structures, including pumps and underground storage tanks are placed not less than 25 feet from any property line or as per state and federal regulations, whichever is greater.

(9)

Golf driving range; provided, that:

a.

Off-street parking requirements are satisfied on the lot. If any accessory use is developed in combination with the golf driving range, additional off-street parking will be required.

b.

There is a buffer as per article V, division 2, along the side and rear property lines contiguous to a residential zoning district.

c.

The golf driving range shall be so designed either by size of lot or installation of netting and/or other similar device to prohibit a golf ball from being projected beyond the lot boundaries.

(10)

Landscape supply and farm supply stores, provided that any outside storage shall have a six-foot high fence installed around the perimeter.

(11)

Manufacturing, provided that such activity is incidental to a retail business, where the manufactured or assembled articles are sold at retail on the premises.

(12)

Miniature golf course; provided, that:

a.

Off-street parking requirements are satisfied on the lot. If any accessory use is developed in combination with the miniature golf course additional off-street parking would be required.

b.

Lighting should be adequate but not excessive as to project beyond the lot boundaries or into traffic.

c.

There is a buffer as per article V, division 2, along the side and rear property lines contiguous to a residential zoning district.

(13)

Mini-warehouses, provided that:

a.

A six-foot-high fence is installed around the perimeter of the warehouses.

b.

No business activity shall conducted within an individual storage unit.

c.

The storage of any explosive or volatile material or substances is prohibited.

(14)

Nursery schools, public and private preschools, kindergartens and day care centers, provided that:

a.

The outdoor play area conforms to the standards of the Alabama Department of Human Resources.

b.

The buildings are located not less than 25 feet from a property line contiguous to any residential zoning district.

(15)

Pay-day lending and deferred presentment financial institutions as per section 24-601.

(16)

Warehouses, when necessary and incidental to a retail business.

(17)

Wholesale warehouses, provided that any outside storage shall have a six-foot high fence installed around the perimeter.

(c)

Space and height regulations. The following space and height regulations shall apply in a B-2 district:

(1)

Minimum lot size. Business or residential use to provide adequate parking and loading space in addition to the space required for the other normal operations of the business or residential use.

(2)

Minimum setback.

a.

Front. The minimum front setback shall be 25 feet, the front five feet of which cannot be used to meet parking area requirements. This front yard regulation shall not apply in the public square overlay district.

b.

Side. The minimum side setback shall be ten feet. This side setback regulation shall not apply in the public square overlay district.

c.

Rear. The minimum rear setback is not specified, except where the rear of the lot is adjacent to a right-of-way (not alley) or a residential zoning district, it shall not be less than 20 feet. This rear setback regulation shall not apply in the public square overlay district.

(3)

Maximum building height. Five stories or 65 feet (excluding basement).

(d)

Landscaping. Shall be as per article V, division 1 of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

Manufacturing zoning districts are established to provide suitable locations to meet the needs of the city's present and future manufacturing uses, to promote good traffic access and movement, to protect adjacent residential and commercial uses, to discourage uses incompatible with manufacturing, and to protect the existing industries in the zoning districts. Consideration has been given to the need for a choice of sites and a variety of transportation facilities.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The M-1 light industry manufacturing district is established to provide a suitable area for companies engaged in light industry, fabricating, processing, assembly and manufacturing and the storage and distribution of goods, to protect the surrounding land uses, to discourage uses incompatible to light manufacturing, and to protect the existing industries in the zoning district. Prohibited are those uses which are especially detrimental to property or to the health, safety or comfort of the public beyond the property on which the use is located by reason of the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material. Also expressly prohibited is unscreened, open storage of materials, products or salvage derived from the manufacture process or assembly of goods.

(1)

Permitteduses. In the M-1 district the following uses are permitted:

a.

Agricultural equipment sales and service.

b.

Automobile, truck, equipment, or machine parts or servicing establishments.

c.

Baking establishments.

d.

Bottling and distribution plants, canneries (except fish and meat products), dairy products manufacturing, creameries, and ice cream plants.

e.

Cold storage and ice plants and facilities.

f.

Commercial trade or vocational schools.

g.

Electronic firms, electrical parts assembly.

h.

Furniture manufacturing.

i.

Garment manufacturing, textile products manufacturing and millwork.

j.

Heavy equipment sales and service.

k.

Highway maintenance yards and buildings.

l.

Horticultural nursery.

m.

Laundry and dry cleaning plants.

n.

Newspaper and printing plants.

o.

Off-street parking lots and garages.

p.

Public buildings and uses.

q.

Public utility structures.

r.

Radio and television stations and transmission towers.

s.

Restaurants, cafes, drive-in restaurants, and similar establishments.

t.

Sales and service of boats, boat trailers, prefabricated structures, and mobile homes.

u.

Sign manufacturing.

v.

Storage and parking facilities for equipment and supplies.

w.

Toy manufacturing.

x.

Transportation terminal and dispatching facilities, including truck terminals.

y.

Veterinary hospitals and kennels.

z.

Any permitted uses in the B-2 general business district.

(2)

Conditional uses. The following conditional uses are permitted in the M-1 district:

a.

Cemeteries, provided that:

1.

The owner or trustees conform to the provisions of state law regarding establishment or expansion of cemeteries.

2.

The city council is furnished with satisfactory evidence that adequate perpetual care shall be provided.

b.

Commercial agriculture, provided that:

1.

Such operations follow all state and federal laws and regulations.

2.

Accessory structures used in the production and storage of products and equipment used for the uses listed in subsection (2)(f)(1) of this section.

3.

The following supplemental regulations apply:

a.

The dimensional requirement set forth in section 5-31 of the city's Code of Ordinances do not apply to this chapter in regard to areas utilized for grazing purposes only.

b.

A parcel of land zoned manufacturing that has a structure located thereon that is used for dwelling purposes may have a barbed wire or electric fence constructed around areas to contain livestock.

c.

Contractors' yards, wholesaling, warehousing, storage and those businesses which are incidental thereto, including building material and lumber yards; provided that:

1.

Such operation does not involve the storage of any materials of an explosive nature.

2.

Storage of equipment, materials, junk and salvage shall be in an area enclosed by a six-foot high privacy fence or privacy wall.

3.

Have a buffer as per article V, division 2, along the side and rear property lines adjoining property that is not zoned manufacturing.

d.

Filling stations, provided that:

1.

All structures including pumps or underground storage tanks are placed not less than 25 feet from any property line or as per state and federal regulations, whichever is greater.

2.

Such use shall front on an arterial or collector street.

e.

Other light industries not specifically listed in subsection (1) of this section, plus operations incidental to such uses, which involve manufacturing, processing, assembly or storage, provided, that:

1.

Such operation does not involve junk or salvage operations.

2.

Storage of materials and salvage derived from the manufacture, process or assembly of goods shall be in an area enclosed by a six-foot high privacy fence or privacy wall.

3.

Any noise, vibration, smoke, gas, fumes, odor, dust, fire hazard or other injurious obnoxious or objectionable conditions related to the operation will not create a nuisance beyond the premises.

4.

Have a buffer as per article V, division 2, along the side and rear property lines adjoining property that is not zoned manufacturing.

f.

Single-family dwellings, provided that:

1.

The use is accessory to commercial agriculture.

(3)

Space and height regulations. The following space and height regulations shall apply to an M-1 district:

a.

Minimum lot size.

1.

Lots shall be of sufficient size be used for any industrial, service, or business use to provide adequate parking and loading space in addition to the space required for the other normal operations of the enterprise. Except, commercial agriculture shall be 30 acres minimum.

b.

Minimum setback.

1.

Front. The minimum front setback is 35 feet, except where existing structures (other than residential) are set back a greater distance, in which case, any new structures shall be set back not less than the average of the setbacks of the existing establishments within 100 feet each side thereof.

2.

Side. The minimum side setback is 35 feet, except where the adjoining property is zoned manufacturing, the side setbacks may be reduced to ten feet.

3.

Rear. The minimum rear setback is 35 feet, except where the adjoining property is zoned manufacturing, the rear setback may be reduced to 15 feet.

c.

Maximum building height.

1.

Three stories or 45 feet (excluding basement). Exception, structures designed not for human occupancy may exceed 45 feet (three stories) provided such structures comply with any other codes, and provided further, that such structures shall not be less that their height plus ten feet to any property line.

(4)

Landscaping. Shall be as per article V, division 1 of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The M-2 general industry manufacturing district is established to provide a suitable area for the location of heavy manufacturing plants, to protect the existing industries in the zoning district, and to discourage uses incompatible with heavy industry. However, storage of explosive materials is expressly prohibited.

(1)

Permitted uses. In the M-2 district, the following uses are permitted:

a.

Any permitted use in the M-1 district, with the exception that unscreened, open storage of equipment, materials and products is permitted.

b.

Railroad freight terminals, switching and classification yards, repair shops, roundhouse, powerhouses and fueling stations.

c.

Stock yards, livestock sales, slaughterhouses, and the processing of poultry and livestock.

(2)

Conditional uses. The following conditional uses are permitted in the M-2 district:

a.

All conditional uses permitted in the M-1 district.

b.

Any industrial uses not previously listed in subsection (1) of this section, plus operations incidental to such uses, which involves manufacturing, processing, assembly, transportation, or storage operations aimed at the subsequent storage, reprocessing, reshipment or sale of products, heavy materials or equipment. Such uses which produce injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard or other objectionable conditions must:

1.

Not create a nuisance for adjoining properties.

2.

Be located at least 100 feet from any property line adjoining property that is not zoned manufacturing.

3.

Have a buffer as per article V, division 2, along the side and rear property lines adjoining property that is not zoned manufacturing.

c.

Bulk storage of petroleum, bottled gas or related products or flammable materials, provided that:

1.

The storage area is enclosed by a fence at least eight feet high.

2.

The storage area is located at least 100 feet from any property line.

d.

Junkyards or salvage yards, provided that: the junkyard or salvage yard is screened from all adjacent development and any public rights-of-way by a privacy fence or privacy wall at least six feet high and a buffer as per article V, division 2, along any property line and public rights-of-way, so that the yard cannot be seen from an adjacent development or public street. The junk yard or salvage yard may not be located within 1,000 feet of any residential structure.

(3)

Space and height regulations. The following space and height regulations shall apply to an M-2 district:

a.

Minimum lot size.

1.

Same as for M-1 zoning district.

b.

Minimum setback.

1.

Same as for M-1 zoning district, except where the conditions set forth in subsection (2) of this section apply.

c.

Maximum building height.

1.

Three stories or 45 feet (excluding basement). Exception, structures designed not for human occupancy may exceed 35 feet (three stories) provided such structures comply with any other codes, and provided further, that such structures shall not be less that their height plus ten feet to any property line.

(4)

Landscaping. Shall be as per article V, division 1 of this chapter.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The purpose of this division is to provide a more flexible means of land use and development in the city, which have special conditions or offer unique opportunities for innovative or creative development.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Statement of intent. The intent of a PUD is to permit a tract to be planned and developed as an integral unit under single ownership or control, consisting of a combination of residential and/or nonresidential uses. This intent will provide a living, working, and shopping environment within the development that contributes to a sense of community and a coherent living style. Further, the PUD seeks to provide a development framework that: obtains commercial and industrial business activity that significantly improves the economic development of the community; encourages the preservation and enhancement of the natural amenities of land and protects natural features; and reduces improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems, and infrastructure.

(b)

Areas where permitted. PUDs may be permitted in all zoning districts, subject to the review and approval procedures set forth herein.

(c)

Tract size. A tract proposed for a PUD shall consist of a single contiguous parcel of land. However, tracts of land bisected by city streets may be considered a single parcel for purposes of this section. The minimum size of the tract shall be four acres for exclusively residential developments, not less than five acres for exclusively non-residential developments, and not less than ten acres for mixed-use developments.

(d)

Space regulations. The developer may create lots and construct buildings without regard to the minimum lot size, lot width, or setback regulations specified in this chapter, except that:

(1)

Residential use.

a.

A 20-foot minimum front setback shall be provided on each lot. This includes both front setbacks on corner lots and double frontage lots.

b.

A ten-foot minimum side setback shall be provided on each lot, except townhouses can have a zero-foot setback along common walls between dwellings.

c.

In no case shall any structure be closer than 15 feet to the PUD boundary line.

d.

At least 12 percent of the PUD area (including rights-of-way and alleys) shall be dedicated to common open space. The open space shall be one parcel of land, of adequate location, dimension (no longer than twice its width), and topography to allow for recreational use (playgrounds, sitting areas, gazebos, recreation courts, etc.). The access to the open space shall be a minimum of 50 feet fronting on a public street. The open space shall be designed, developed, landscaped and maintained in a safe and acceptable manner for the purpose intended. The open space shall remain in perpetuity and not be developed for any reason other than the intended use.

(2)

Non-residential use.

a.

A 25-foot minimum front setback shall be provided on each lot. This includes both front setbacks on corner lots and double frontage lots. The front five feet of the setback cannot be used to meet parking area requirements.

b

A ten-foot minimum side setback shall be provided on each lot.

c.

In no case shall any structure be closer than 25 feet to the PUD boundary line.

(3)

Mixed-use.

a.

A 25-foot minimum front setback shall be provided on each lot. This includes both front setbacks on corner lots and double frontage lots. The front five feet of the setback cannot be used to meet parking area requirements for non-residential uses.

b.

A ten-foot minimum side setback shall be provided on each lot.

c.

In no case shall any structure be closer than 25 feet to the PUD boundary line.

d.

At least eight percent of the PUD area designed for residential use (including rights-of-way) shall be dedicated to common open space. The open space should be one parcel of land, of adequate location, dimension, and topography to allow for recreational use (playgrounds, sitting areas, gazebos, recreation courts, etc.). The access to the open space shall be a minimum of 50 feet fronting on a public street. The open space shall be designed and maintained in a safe and acceptable manner for the purpose intended. The open space shall remain in perpetuity and not be developed for any reason other than the intended use.

(e)

Height regulations. The maximum building height shall be as specified for the underlying zoning district.

(f)

Use regulations. The PUD shall consist of uses planned and developed as an integral unit under single ownership or control. Specific use limitations shall be established during the master plan approval process. The PUD use(s) shall be consistent with the underlying zoning district designation for the subject tract or any portion of the subject tract affected by the PUD use(s).

(g)

Design and construction standards. Where the design and construction standards approved during the concept plan and final plan review conflict with the city's subdivision regulations and any requirements of this chapter, the standards approved during the PUD process shall control.

(h)

Streets, utilities, and drainage. The provisions for streets, utilities, and drainage shall be as required by the city's subdivision regulations. All electrical, telephone, and cable wires shall be installed underground, except the planning commission may waive this requirement where it would result in undue hardship or severe practical difficulties.

(i)

Off-street parking and loading. The provisions for off-street parking and loading shall be as set forth in article IV, off-street parking and loading.

(j)

Development in commercial areas. A PUD which includes non-residential uses as well as residential uses shall be permitted only if the design ensures a wholesome and safe residential environment for the occupants thereof. The design shall have adequate features to protect dwellings from traffic, noise, and similar adverse issues associated with commercial areas.

(k)

Community development objectives. The PUD shall be in accordance with the land use and zoning patterns set forth in the city's comprehensive plan.

(l)

Covenants and owner's association. Covenant and deed restrictions that apply to the homeowners in the PUD shall be recorded in the Office of the Probate Judge of Calhoun County, Alabama. Also, an owner's association for the PUD shall be established and maintained to provide management of the PUD and to ensure permanent maintenance of common open space.

(m)

Stormwater management.

(1)

All ground disturbing construction activity shall have an ADEM NPDES construction general permit (ALR100000). A copy of the permit and required BMP plan shall be provided to the planning department.

(2)

Stormwater detention shall be required to ensure that post-construction run-off does not exceed pre-construction runoff.

(3)

All BMP plans and stormwater detention plans shall be reviewed and approved by the City of Jacksonville Planning Department in order to achieve compliance with the city's stormwater management program.

(4)

It is preferred that all developments utilize low impact development (LID) and green infrastructure practices (GIP) in accordance with the latest version of the "Low Impact Development Handbook for the State of Alabama."

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The procedure for designating and developing land as a planned unit development (PUD) is as follows:

(a)

Mandatory pre-application meeting. The applicant(s) or the applicant's designated agent shall contact the planning department to schedule a pre-application meeting(s) to discuss the procedures for designating and developing a PUD, and the required zoning amendment process. Those required to attend the pre-application meeting are the applicant(s) and/or applicant's designated agent, land surveyor and civil engineer of record, and various city staff.

(b)

Submittals. Following the pre-application meeting(s), the applicant(s) shall submit the following information to the planning department:

(1)

Application for planned unit development (PUD) review. Including the zoning amendment application fee and deposit as established by the city council.

(2)

Narrative that is clear and complete that describes the following:

a.

The intent of the PUD. Including an explanation of any necessary changes to the existing underlying zoning district designations or boundaries.

b.

The market that the PUD is intended to serve.

c.

The size and approximate cost of the dwelling units or buildings in the PUD.

d.

The intent to sell or rent the dwelling units or buildings in the PUD.

e.

The expected total population of the PUD.

f.

The description of an owner's association for management of the PUD and permanent maintenance of any common open space.

g.

The description of covenant and deed restrictions that apply to the homeowners.

(3)

Master plan (24" x 36" paper), multiple sheets if needed, that shows in detail, the entire PUD (including any phasing). The master plan shall include a vicinity map, lot layout and dimensions, square footage/acreage of each lot, lot setbacks, alley and right-of-way widths, street layout (including curb and gutter and sidewalks), centerline street information, street name(s), common open space with associated size calculations, area(s) designated for stormwater detention (not part of common open space), existing underlying zoning district(s) designation and boundary, PUD boundary legal description, any proposed changes to the existing underlying zoning district(s) designation and boundary with legal description(s), and a typical street section as per the city's subdivision regulations. The master plan shall identify any streets and utilities within the PUD that are proposed to be maintained as "private". It shall be understood that all "private" or "public" streets and utilities shall be designed and constructed as set forth in the city's subdivision regulations. The master plan shall be stamped and signed by the land surveyor and civil engineer of record. A copy of the approved master plan shall remain on file in the planning department. The master plan may be amended at any time in accordance with the procedures used for the original approval.

(4)

List of adjacent property owners to the PUD boundary with their mailing address (not physical address) and the associated Calhoun County PPIN for their property. This includes property owners directly across any adjoining rights-of-way or alleys.

(5)

A statement from the civil engineer of record that the existing utilities (water, sanitary sewer, and gas) have been verified with the water works, gas and sewer board to be available and adequate for the PUD development and any utility main extensions necessary will be part of the preliminary plat approval process.

(6)

PDF file of the master plan.

(7)

WORD file of any legal descriptions.

(8)

Three full-size copies and one 11" x 17" copy of the master plan.

(c)

The designation and development of a PUD requires a zoning amendment. The zoning amendment process can begin when all required submittals are delivered to and verified complete by the planning department. At this time the planning department can provide a tentative schedule for the zoning amendment process. The master plan and other submittals shall be reviewed by the planning commission and approved by the city council in accordance with the zoning amendment procedures set forth in article XII, division 2, section 24-771 procedures.

(d)

Following the approval of the zoning amendment, the applicant(s) can submit for preliminary plat approval. The preliminary plat shall conform substantially to the approved master plan. The submission and approval process for a preliminary plat shall be as set forth in the city's subdivision regulations.

(e)

Following the approval of the preliminary plat, the applicant(s) can submit for final plat approval as set forth in the city's subdivision regulations.

(f)

Issuance of building permits within a PUD. Building permits may be issued for construction on any lot within a PUD that has received final plat approval and said plat has been recorded in the Office of the Probate Judge of Calhoun County, Alabama with the following provisions:

(1)

No building permit shall be issued unless the extent of the street improvements within the PUD is adequate for vehicular access by the prospective developer, contractors, and by police/fire equipment. Further, no building permit shall be issued for the greater of two lots or the final ten percent of the lots within the PUD until all street and utility improvements have been completed by the developer and approved by the city.

(2)

A certificate of occupancy as set forth in the city's Code of Ordinances and building code is required in order to use or occupy a qualifying building within a PUD. No certificate of occupancy shall be issued by the enforcing officer prior to the completion and approval of all street and utility improvements within the PUD and the submittal of as-built drawings of said improvements.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

The purpose of this division is to provide specified geographic areas with exceptions, development standards, and guidelines that will supplement the current zoning ordinance that regulates development within the underlying zoning district.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

Notwithstanding any other provisions of this chapter, yard setbacks for overlay districts shall be as stated in division 6 herein.

(Ord. No. O-614-20, Exh. A, 1-13-2020)

(a)

Statement of intent. The intent of the PSOD is to provide a set of exceptions to the current zoning ordinance that regulates development within this designated boundary of the City of Jacksonville's underlying B-2 district.

(b)

Designated boundary. The designated boundary of the PSOD shall be as shown on the PSOD boundary map, adopted herein by reference, and become part of the official zoning map of the City of Jacksonville as defined in section 24-32, boundaries; generally of this chapter. Generally its boundaries are described as: That certain area located and lying north of Coffee Street, SE and Coffee Street, SW, South of College Street, SE and College Street, SW, east of Spring Avenue, SW and West of Church Avenue, SE.

(c)

Underlying districts and exceptions. Within the public square overlay district the underlying zoning district requirements and provisions of this division shall dually apply. Where there is a conflict between the public square overlay district and the underlying zoning district standards, the public square overlay district standards shall apply.

The PSOD is exempt from the following requirements:

(1)

Setback (front, rear, and side).

(2)

Open space for dwellings.

(3)

Off-street parking, except as specified in section 24-282, plans and specifications.

(Ord. No. O-614-20, Exh. A, 1-13-2020)