It is the purpose of this article to provide certain general and supplemental provisions, which modify or clarify regulations and requirements found elsewhere in this chapter.

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

In any zoning district in which the conditional uses include pay-day lending and/or deferred presentment financial institutions that are required to be licensed under Code of Ala. 1975, tit. 5, ch. 18A, Deferred Presentment Act and/or that conduct business as a pay-day lending or deferred presentment financial institution, such uses shall only be permitted subject to the following restrictions:

(a)

No two pay-day lending and/or deferred presentment financial institutions shall be permitted to be located within 1,000 feet of each other.

(b)

No pay-day lending and/or deferred presentment financial institution shall be permitted to be within 1,000 feet of a residence, church, school or public park.

(c)

No pay-day lending and/or deferred presentment financial institution shall be permitted if there exists a ratio of more than one pay-day lending and/or deferred presentment financial institution for every 5,000 residents of the city.

Any pay-day lending and/or deferred presentment financial institution legally operating prior to the effective date of this section shall be a legal nonconforming use, which shall exist and continue under the provisions of chapter 24, article IX, nonconformance.

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

In order to provide the dimensional, space, and other development requirements of this chapter, every development (residential and commercial) hereafter erected, converted, enlarged, reconstructed, moved, or structurally altered shall be located on one lot such that no lot lines are crossed by any proposed improvements. Any structures or uses considered customarily accessory to the development shall be located on the same lot as the development. Even if adjacent lots and/or property are under the same ownership, it will require a subdivision by consolidation in order to provide one lot of adequate size for the entire development and any accessory structures or uses.

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

Nothing in this chapter shall be construed to prohibit the use of a temporary construction office trailer in accordance with the building codes adopted by the city, nor shall this chapter be construed to prohibit the parking of only one unoccupied recreational vehicle, not exceeding ten feet in width and 40 feet in length, in an accessory private garage building or in a rear or side yard of any zoning district, provided no living quarters are maintained and no business is practiced in such recreational vehicle while it is so stored or parked.

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

Temporary placement of portable storage containers may be permitted in all zoning districts with the following conditions:

(a)

For the purpose of this section, a temporary portable storage container shall be a portable container used for short-term storage of materials related to the use of the property and not having a permanent foundation. The container shall be specifically manufactured for this purpose.

(b)

A temporary portable storage container can only be placed on a lot containing a main structure for a period not to exceed 60 consecutive days after the enforcing officer of the city has issued a building permit for the container. It may be renewed once for an additional 30 consecutive days at the enforcing officer's discretion. A temporary portable storage container may also be allowed in conjunction with a valid building permit issued for the construction and renovation of a structure for a period not to exceed the building permit's expiration date or up to ten days after the certificate of occupancy has been issued, whichever occurs first. Temporary portable storage containers are limited to one per lot or as determined necessary by the enforcing officer.

(c)

Temporary portable storage containers shall not block access to any property or structure, utilities (meters, valves, fire hydrants, etc.), or be located within a public right-of-way, easement, or alley.

(d)

Temporary portable storage container shall not be located within ten feet of the main structure or any accessory structures.

(e)

Temporary portable storage containers shall not display any signage other than the identification of the provider.

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

(a)

In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zoning district, provided, that setbacks and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the zoning district in which such lot is located.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are lots of record, and if all or part of said lots do not meet the zoning district's requirements for lot size, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold in a manner which diminishes compliance with lot size requirements established by this chapter, nor shall any division of any parcel be made which creates a lot size below the requirements stated in this chapter.

(c)

However, in no case, except in townhouse developments, shall any lot of record, or combination or portion of lot(s) of record with continuous frontage in single ownership in a residential zoning district be used as a building lot which is less than 5,000 square feet in total area, has a minimum lot width of less than 50 feet, has a front setback of less than 20 feet, has a side setback of less than ten feet, and has a rear setback of less than 20 feet.

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

In regard to easements, any activity or encroachment that interferes with access to, prevents or inhibits the purpose or intended use of, or creates a hazardous situation within is prohibited. The city has authority to perform periodic maintenance to the easements only as deemed necessary to protect the city's interest and intended use. The periodic maintenance by the city does not relieve the property owner's or occupant's duty to maintain the easements across their property, as set forth in chapter 19, article II, lot clearing, of the city's Code of Ordinances.

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

Any portion of a freestanding or attached carport which is located within the underlying zoning district's required setbacks shall not be enclosed or altered in any manner as to become in whole or part of a dwelling, business, enclosed garage, or accessory structure.

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

The property owner or developer shall be responsible for constructing new sidewalks and replacing/repairing existing damaged, unsafe or inadequate sidewalks along the street frontage(s) of all new developments and redevelopments in an RIP, B-1, B-2, M-1, or M-2 zoning district. The property owner or developer shall be responsible for constructing new sidewalks and replacing/repairing existing damaged, unsafe or inadequate sidewalks along the street frontage(s) of all new residential subdivisions and developments. The property owner or developer shall be responsible for constructing new sidewalks and replacing/repairing existing damaged, unsafe or inadequate sidewalks along the street frontage(s) of all lots with new dwellings in existing residential subdivisions and developments that already have a sidewalk system underway. The sidewalk system within a new residential development shall be constructed on both sides of the street. Sidewalks in business or manufacturing zoning districts shall be a minimum of six feet wide and sidewalks in residential zoning districts shall be a minimum of four feet wide. A median of grass at least 2.50 feet wide shall separate sidewalks from the adjacent curbs, or edges of pavement if there is no curb. Sidewalks shall be located on the lot side of any drainage ditches along a street. Sidewalks shall accommodate handicap accessibility (per current ADA standards) to the maximum extent feasible; this includes handicap ramps with detectable warning strips and striped cross-walks at street intersections. In cases where topography or other physical conditions make constructing sidewalks technically infeasible, the planning commission may waive or modify the above requirements.

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

Within all new residential and commercial subdivisions or developments, the utility systems (water, sewer, gas, telephone, cable television, and electric), along with component parts, structures, appendages and materials shall be installed underground in a manner approved by the applicable utility provider and in accordance with all city regulations. Aboveground utility systems will not be permitted, except where certain appurtenances and accessories must be installed above the ground for operation and servicing.

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

The following regulations apply to the short-term rental of dwelling units in residential and nonresidential districts within the city. For purposes of this section, "short-term rental" is also known as an "STR". This section does not apply to the rental of a dwelling or any portion thereof for a period of 30 consecutive days or more, which shall be governed by chapter 7, businesses, article VII, residential rentals.

(1)

Licensing.

a.

No person or entity shall offer, advertise, or rent a STR without first obtaining a valid and current STR business license from the city. The STR business license shall be obtained for each STR owned or operated by any person or entity. The STR business license will not be issued until all provisions of this section are satisfied.

b.

To obtain a STR business license, the owner or operator of a STR shall submit an application for a STR license on the form provided by the city. The application shall include the name and telephone number of the person designated as the emergency contact for the STR. The emergency contact must be able to answer calls 24 hours a day, seven days a week for the duration of each STR period, and he or she must be able to respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must also be able to respond on-site within one hour at the request of the city. Prior to any change to the emergency contact, the owner or operator must submit the revised contact information to the business license division of the city's finance department.

c.

Any person or entity granted a STR business license must obtain and maintain vacation rental insurance, short-term rental insurance, or an equivalent form of insurance coverage in addition to their homeowners insurance. Proof of insurance must be provided prior to the city issuing a STR business license. Proof of insurance must be resubmitted each year for renewal of the STR business license.

d.

Prior to receiving a STR business license from the city, the owner or operator must deliver written notice to the owners of any properties adjoining the STR property, and provide a copy of said notice to the business license division of the city's finance department. The notice must contain the following information:

1.

The names, addresses, and telephone numbers of the owner and operator of the STR and the emergency contact;

2.

The telephone number for the public to report violations to the code enforcement division of the city's police department;

3.

The maximum occupancy of the STR unit as allowed in subsection (3) herein.

e.

The person or entity granted a STR business license shall charge, collect, report, and remit to the city all lodging taxes as set-forth in chapter 20 taxation, article III lodging tax, section 20-56 levy of tax in the city through section 20-60 article cumulative to general license code or ordinance.

(2)

Standards.

a.

A STR shall be rented only for a lodging use. A STR shall not be rented for weddings, parties, concerts, or similar events and a STR shall not be used for such purposes of events during any rental period.

b.

No person or entity shall display any on-premises signage legible from any public street right-of-way pertaining to any STR located in a residential or nonresidential district.

c.

Each STR shall comply with all applicable laws, ordinances, regulations, and codes of the city, including, but not limited to, those governing building construction, fire safety, noise, and garbage collection and disposal.

d.

Each STR must have adequate off-street parking (concrete or asphalt) and/or on-street parking to accommodate all renters and guest parking needs. No person shall park a recreational vehicle, bus, or trailer on the street or forward of the front building line.

e.

No STR licensee, owner, or operator may prepare or serve food to any renter or guest. Cooking facilities are not permitted in any STR guest rooms. This does not apply to a bed and breakfast home as defined in section 24-2, definitions.

f.

A copy of the STR license, emergency contact information, and house rules, which must comply with this section, shall be posted in a conspicuous place within the STR.

g.

Upon notification that a renter or a renter's guest has violated any provisions of this section or any noise, garbage, or other applicable provision of the laws, ordinances, regulations, and codes of the city, the owner, operator, or emergency contact must promptly notify the renter of the violation and take such action as is necessary to correct the violation, and prevent a recurrence.

(3)

Occupancy.

a.

The maximum occupancy of a STR unit shall be limited to the number of occupants as specified in section 24-69, maximum dwelling unit occupancy, for the zoning district in which the STR is located.

b.

The owner or operator must, by written agreement with the renter, limit overnight occupancy of each STR unit to the maximum occupancy allowed by subsection (3)a. herein.

(4)

Certificate of occupancy and inspection fees. [Reserved].

(5)

Violations.

a.

If, after investigation, the code enforcement division of the city's police department determines that any provisions of this section have been violated, the code enforcement division of the city's police department will provide written notice to the licensee of the violations, any corrective action required, and the due date for compliance, as applicable. The code enforcement division of the city's police department may approve an extension of the due date for compliance if substantial progress has been made towards compliance.

b.

In addition to the other remedies set out in this section, the code enforcement division of the city's police department may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this section.

c.

If a violation has not been corrected by the due date for compliance, the code enforcement division of the city's police department may cause the temporary suspension of the STR business license for unit or units where the violation has persisted until such time as the violation is corrected.

d.

When recurrent violations occur at an STR, including noise, occupancy, parking, and safety violations, the code enforcement division of the city's police department may begin revocation proceedings through the city's finance manager as provided in chapter 7, businesses, article I, in general, section 7-19, procedure for revocation or suspension of license.

(6)

Time for compliance. This section and the provisions set forth herein shall apply to and govern all STR units within the city. Any current or future owners/operators of a STR within the city shall obtain the necessary STR business license within 30 calendar days of the effective date of the ordinance from which this section is derived.

(7)

Enforcement and penalties. The violation of the provisions of this section shall be an offense. Any person committing a violation shall, upon conviction, be punished by a fine as specified in chapter 7, businesses, article I, in general, section 7-6, unlawful to do business without a license.

(Ord. No. O-614-20, Exh. A, 1-13-2020; O-641-22, § I(b), 8-8-2022)

The placement of temporary dumpsters for non-construction cleanup activity or construction activity may be permitted in all zoning districts with the following conditions:

(a)

For the purpose of this section, a temporary dumpster shall be a portable container used for the receiving, transporting, and dumping of waste materials from the non-construction cleanup activity or construction activity on a property. The temporary dumpster shall be specifically manufactured for this purpose.

(b)

A temporary dumpster, for non-construction cleanup activity, can be placed on a vacant lot being cleaned up or a lot containing a main structure for a period not to exceed 30 consecutive days after the enforcing officer of the city has issued a building permit for the dumpster. It may be renewed once for an additional 15 consecutive days at the enforcing officer's discretion. Temporary dumpsters are limited to one per lot or as determined necessary by the enforcing officer.

(c)

A temporary dumpster, for construction activity, can be placed on a lot in conjunction with a valid building permit issued for the construction and renovation of a structure for a period not to exceed the building permit's expiration date or up to ten days after the certificate of occupancy has been issued, whichever occurs first. Temporary dumpsters are limited to one per lot or as determined necessary by the enforcing officer.

(d)

Temporary dumpsters shall not block access to any property or structure, utilities (meters, valves, fire hydrants, etc.), or be located within a public right-of-way, easement, or alley.

(e)

Temporary dumpsters shall not be located within ten feet of the main structure or any accessory structures.

(f)

Temporary dumpsters shall not display any signage other than the identification of the provider.

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

(a)

Definition.

Mural means a hand produced painting or other works of art executed and applied directly (in a flush-mounted manner) to a wall of a building or other structure. A mural is not considered a sign and are not commercial in nature, meaning that they are unrelated to the advertisement or promotion of any business or other commercial enterprise that is carried on at the same property as the mural, nor do they promote, advertise or identify a specific existing business operation that is being carried on within the City of Jacksonville, Alabama.

(b)

Mural placement.

(1)

Murals shall be allowed in all business districts of the city.

(2)

Murals shall not be permitted on the primary facade. A primary facade is defined, for purposes of this section, as the building elevation that faces the adjacent street right-of-way and is the primary customer entrance. Buildings located on a block corner with the primary customer entrance located diagonally at the building corner to both intersecting streets shall be considered to have two primary facades.

(3)

Murals shall not be allowed on backs of buildings, backing to residential districts.

(4)

Murals shall not be allowed in non-business districts of the city.

(c)

Prohibited mural types.

(1)

Murals or other representations which imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

(2)

Murals that project from the wall surface, except for the minimum necessary protrusion to mount the mural to the wall or structure.

(3)

Murals which contain material that when taken as a whole (i) applying contemporary community standards, its predominant appeal is to prurient interest in sex; and (ii) the average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and (iii) a reasonable person would find the material lacks serious literary, artistic, political or scientific value.

(4)

Murals that are directed to incite or produce imminent lawless action and are likely to incite or produce such action.

(5)

Murals that convey threats of violence that are directed at a person or group of persons that have the intent of placing the target at risk of bodily harm.

(6)

Murals where the intended audience is commercial or actual or potential consumers, and where the content of the message is commercial in character.

(d)

Surface preparation.

(1)

Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building eligible for inclusion on the State or National Register of Historic Buildings. Treatments that cause damage to historic materials shall not be used.

(e)

Maintenance.

(1)

The mural shall be kept and maintained in good condition for the life of the mural. A mural exhibit shall be deemed to be in a state of disrepair when 25 percent or more of the display surface area contains peeling or flaking paint, or is otherwise not preserved in the manner in which it was originally created.

(2)

The display surface shall be kept clean and neatly painted and free from corrosion.

(3)

Any mural that is not maintained or that falls into a state of disrepair may be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material by the enforcing officer, or his/her designee. Murals subject to removal shall be provided a time limit of 30 days from the date of the written notice for such removal or covering. Additional time may be authorized by the enforcing officer for good cause.

(f)

Design standards.

(1)

Explanatory wording relative to the graphic may be incorporated into the mural. Artist signatures shall be allowed and limited to maximum of two square feet in size.

(2)

The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.

(3)

The location and scale of the mural should be in keeping with and enhance the building or structure on which it is located.

(4)

The proposed mural is well integrated with the building's facade and other elements of the property and enhances the architecture or aesthetics of a building or wall.

(5)

The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on abutting property or the permitted use thereof.

(6)

The proposed mural is not detrimental to the public health, safety, or welfare.

(7)

The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed.

(8)

The maintenance schedule is reasonable for the mural and the building on which it is applied/affixed.

(9)

The mural may be painted directly onto brick, but may be attached by using an alternate medium (i.e. tile, metal panels, or similar materials with an approved attachment method) or may be otherwise applied by methods that will not damage the wall surface. The use of applied sheet graphics and appliques are prohibited.

(g)

Mural review and approval.

(1)

No mural shall be installed until the applicant has submitted a mural painting project request to the planning commission for review.

(2)

Submission requirements. Each submission shall contain, but not be limited to, the following information:

a.

Site plan showing the lot and building dimensions and indicating the proposed location of the mural.

b.

Pictures of the building elevations.

c.

A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.

d.

A colored drawing of the proposed mural.

e.

A description of the proposed maintenance schedule that includes the time frame for the life of the mural and method for removal, if applicable.

f.

Written confirmation by the mural provider/installer that no damage or negative impact will occur to the wall surface that the mural is to be applied or affixed to.

g.

Written permission from the owner of the building to which the mural is intended to be applied, if applicant is not the building owner.

h.

An acknowledgement that the mural must be removed or covered if so ordered by the enforcing officer for failure to maintain or for reaching a state of dilapidation, as described in subsection (e)(3) above.

(3)

The planning commission has the option to approve as presented, approve with modifications, table for further study and/or additional information, or disapprove with reasons clearly stated.

(4)

The applicant may appeal the planning commission's decision in writing to the city clerk within ten days of the planning commission's decision. Said appeal shall be placed on an upcoming city council meeting for consideration and disposition.

(Ord. No. O-667-25, § I, 5-12-2025)