SPECIAL PURPOSE DISTRICT REGULATIONS
Editor's note— Ord. No. 2011-14, § 2, adopted May 3, 2011, repealed former Div. 5, § 175 in its entirety and enacted new provisions a herein set out. Former Div. 5 pertained to similar subject matter and derived from Ord. No. 2006-01, § 5, 1-17-06; Ord. No. 2008-02, § 3, 2-5-08.
The provisions of this article shall apply to all properties designated by a special purpose zone.
This district permits large tracts of five or more acres to be planned and developed as an integral unit under single ownership or control, consisting of a combination of residential and non-residential uses. The district intent is to provide a living, working, and shopping environment within the development that contributes to a sense of community and a coherent living style. Further, the district seeks to:
(1)
Provide a development framework that obtains commercial and industrial business activity that significantly improves the economic development of the community;
(2)
Encourage the preservation and enhancement of the natural amenities of land and protect natural features; and
(3)
Reduce improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems, and infrastructure.
A Planned Unit Development District may be established for any tract with a minimum site area of five acres. The Planned Unit Development (referred to as PUD) shall consist of a combination of residential and non-residential uses planned and developed as an integral unit under single ownership or control.
(a)
A minimum of 25% of the PUD site area shall be developed for single family residences in accord with the requirements of the R-2 Single Family Residence District. Permits for uses other than single family residences shall not be issued until a final subdivision plat for the single family residences is approved by the Planning Commission. The purpose of this limitation is to ensure that the PUD procedure is not used, intentionally or unintentionally, to create higher density residential or non-residential uses except as part of a primarily single family residential development.
(b)
The remaining areas of the PUD may be developed in any combination of the following uses as listed in the Table of Permitted Uses, provided not more than 50% of the PUD site area is developed for non-residential purposes.
(1)
Any use permitted in the R-P Planned Residential District in accord with the R-P District regulations.
(2)
Any use permitted in the R-5 Multi-Family Dwelling District in accord with the R-5 District regulations.
(3)
Any use permitted in the B-2 Community Service District in accord with the B-2 District regulations. Such uses shall not exceed 10% of the PUD site area.
(4)
Any use permitted in the M-1 Light Industrial District in accord with the M-1 District regulations. Such uses shall not exceed 5% of the PUD site area.
A conceptual site plan shall accompany each application for rezoning to the PUD District. Development of the PUD shall be in substantial accord with the approved conceptual site plan. The site plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the State of Alabama. The site plan shall show, in schematic detail, the concept for use and development of the entire PUD tract, including the location of proposed uses and major buildings, the proposed residential development density, housing types, dimensional standards on all lots, layout of roads, location of all entrances to the tract, and layout and configuration of common open space. Also, a brief narrative text shall accompany the rezoning application, describing the general design and architectural policies for the PUD, the treatment of environmentally sensitive land located in the project tract, and the proposed time frame for phased development. Once the PUD zoning is approved, the developer shall also comply with the required site plan and subdivision approval procedures of this chapter.
Cross references—See § 274 for site plan review procedures and §§ 300—309 for rezoning procedures.
The district serves as an interim zone for newly annexed areas of the municipality. The MR District seeks to protect newly annexed areas prior to the time comprehensive zoning can be enacted.
On the effective date of annexation all newly-annexed property shall be zoned MR Municipal Reserve District.
As soon as practicable following annexation, the Planning Commission shall initiate a petition to rezone property annexed into the City from the MR District to any other district contained within this ordinance. In determining the most appropriate zone, the Planning Commission shall duly consider the following items, among others:
(1)
The comprehensive plan;
(2)
The desires of the property owners subject to rezoning;
(3)
The purposes and considerations of zoning, as required by Section 5 of this ordinance and section 11-52-72 of the Code of Alabama.
Cross reference— See §§ 300—309 for rezoning procedures.
All uses in existence at the time of annexation may lawfully continue under the provisions of the MR District, in accord with the R-1 District development standards.
All annexation ordinances enacted by the City shall include the provision that the property shall be temporarily zoned MR. A copy of the annexation ordinance shall be transmitted to the Zoning Administrator and Planning Commission for action.
This district intends to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions.
The provisions of this district shall be overlay provisions to the existing underlying zoning districts. All properties within the district shall be designated by the F suffix added to the underlying district prefix, i.e., R-1F. As overlay provisions, the requirements of this district shall serve as a supplement to the underlying zoning district provisions. Where there happens to be any conflict between the provisions of this overlay district and the provisions of the underlying district, the more restrictive provisions shall apply.
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, converted, or structurally altered except in full compliance with the terms of this district and other applicable regulations.
(b)
The provisions of this district are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these provisions and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(c)
The provisions of this district supersede any regulations currently in effect in flood-prone areas. However, any underlying regulations shall remain in full force and effect to the extent that those provisions are more restrictive.
The following flood hazard terms when used in this district shall have the meanings defined by this section.
Base flood or 100-year flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Development. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas during the 100-year base flood.
Floodplain. A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation during the 100-year base flood; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source during the base flood.
Floodway. The designated area of the floodplain required to carry and discharge flood waters of a given magnitude during the base flood.
Floodway fringe. That area of the floodplain not included in the floodway.
Lowest floor. Includes the lowest enclosed area of a structure (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this district.
Mean sea level. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum used as a reference for establishing various elevations within the floodplain.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Start of construction (includes substantial improvement). The date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
Cross references—See § 331 for interpretation of definitions, § 332 for word usage, § 333 for general terms defined, and § 334 for uses defined.
(a)
All properties included within the 100-year floodplain boundary on the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps published by the Federal Emergency Management Agency, effective date June 15, 1981, or as later amended, and areas along all small streams specified by this division shall be included within the F Flood Hazard District boundaries. All designated properties within the Flood Hazard District shall be referred to by a suffix to the underlying zoning district designation (i.e., R-1-F, B-2-F, etc.)
(b)
All Flood Boundary and Floodway Maps and Flood Insurance Rate Maps published by the Federal Emergency Management Agency, dated effective June 15, 1981, and any subsequent revisions, and the Flood Insurance Study, dated December 15, 1980, with supporting data and maps, are hereby adopted by reference and declared to be supplemental to the provisions of this district.
(c)
The delineation of any of the floodplain areas within the Flood Hazard District may be revised by the City Council where natural or man-made changes have occurred or detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual document or study indicate the need for revision. Such studies may include, but not be limited to U.S. Soil Conservation Service soil reports, U.S. Geological Survey topographic surveys, or reports of the City Engineer or other qualified consultant. However, prior to any such revision, approval must be obtained from the Federal Emergency Management Agency. Upon final approval of the revised delineation of the regulated floodplain, the City shall give notice of the revisions to the Alabama Department of Economic and Community Affairs.
(d)
Where interpretation is needed as to the exact location of boundaries of the Flood Hazard District or any floodplain areas within the district (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Zoning Administrator shall make the necessary interpretation. Should a dispute arise concerning the boundaries of the district, an administrative appeal may be filed with the Zoning Board of Adjustment.
Cross references—See § 32 for determination of precise location of district boundaries and § 278 for appeal of Zoning Administrator's determination.
The Flood Hazard District includes various areas subject to flooding. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Jasper, Alabama prepared by the Federal Emergency Management Agency, dated December 15, 1980 and subsequent amendments. The delineations of the floodplain for the purposes of this district shall be as follows:
(1)
Floodway. The floodway is delineated using the criteria that a certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood at any point. These floodways are more specifically defined in the above-referenced Flood Insurance Study and are shown on the Flood Boundary and Floodway Maps accompanying that study.
(2)
Floodway fringe. The floodway fringe shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of the floodway fringe shall be the 100-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study, and the boundaries are shown on the Flood Boundary and Floodway Maps accompanying that study.
(3)
Approximated floodplain. The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown on the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for a permit shall have a technical study completed to determine such data.
(4)
Small streams. Small streams exist where no base flood data and no flood boundaries have been provided by the Flood Insurance Study. Floodplain areas along small streams are within a distance of the stream bank equal to five times the width of the stream at the top of bank or twenty feet on each side from the top of the bank, whichever is greater, unless certification by a registered professional engineer determines otherwise.
(a)
Building permit. Application for a building permit shall be submitted prior to any development activities within the Flood Hazard District and shall include the following information which shall be maintained as public record by the Zoning Administrator:
(1)
Elevation (in relation to mean sea level) of the lowest floor (including basement) of new or substantially improved structures, prepared by a registered land surveyor or professional engineer.
(2)
Elevation in relation to mean sea level to which any structure will be floodproofed, prepared by a registered land surveyor or professional engineer.
(3)
Where a structure is intended to be floodproofed below the base flood level, a certification from a professional engineer or architect that the structural design, specifications, and plans for construction will meet the flood-proofing criteria of this district and the additional provisions of the Standard Building Code.
(4)
Description, prepared by a professional engineer, of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(b)
Certificate of occupancy. Before the issuance of a certificate of occupancy, during the construction stage of the development, the permit holder shall provide the following certifications which shall be maintained as public record by the Zoning Administrator:
(1)
The as-built elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, certified by a registered land surveyor or professional engineer.
(2)
Evidence of flood-proofing of a building, where required, certified by a professional engineer or architect.
(c)
Where additional federal or state permit requirements apply, the Zoning Administrator shall require that copies of such permits be provided and maintained on file with the building permit as public record.
(d)
The Zoning Administrator shall notify adjacent communities and the Alabama Department of Economic and Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(e)
When base flood elevation data or floodway data have not been provided by the Flood Insurance Study in approximated floodplains or along small streams, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of this section. If no data is available, then the applicant for a permit, shall submit data in accordance with recognized hydrologic and hydraulic engineering techniques. The technical analyses and determination of data shall be undertaken only by professional engineers or others of demonstrated qualifications who shall certify that the technical methods correctly reflect currently accepted technical concepts and consider existing land use and reasonable estimates of ultimate development according to the City's comprehensive land use plan. All technical studies shall be subject to approval by the City Engineer.
Cross references—See § 270 for permit compliance, § 271 for certificate of occupancy, and § 272 for building permit.
The following standards shall apply to all floodplain areas:
(1)
Under no circumstances shall any use, activity, or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(2)
New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(3)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and by methods and practices that minimize flood damage.
(4)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(6)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and to minimize or eliminate discharges from the systems into flood waters.
(7)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(8)
Flammable, explosive, toxic, or otherwise hazardous materials shall not be stored in the floodplain.
(9)
Any alteration, repair, reconstruction or improvements to an existing structure which is in compliance with the provisions of this district, shall meet the requirements of new construction.
(10)
New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwater shall be provided.
(11)
Any manufactured home shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation. It shall be securely anchored to prevent flotation, collapse, or lateral movement in accordance with the Standard Building Code. Such standards shall be in addition to and consistent with applicable state requirements for resisting such forces. The provisions of this subsection shall apply to existing manufactured home parks, subdivisions, and lots where an existing manufactured home is replaced or substantially improved; to any expansion to an existing park or subdivision; and to new parks, subdivisions and installations after the effective date of this ordinance.
(12)
New construction or substantial improvement of any commercial, industrial, institutional or other non-residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation.
(13)
Structures may be floodproofed in lieu of being elevated one foot or more above the base flood provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water. The walls shall use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(14)
For all new construction or substantial improvements of elevated buildings that include fully enclosed areas below the lowest floors that are subject to flooding, the following standards shall be certified by a registered professional engineer or architect:
a.
The enclosed area shall be designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; and openings may be equipped with screens, louvers, values or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
b.
Electrical, plumbing, and other utility connections are prohibited below the base flood elevation.
c.
Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairways or elevator).
d.
The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(a)
No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank or twenty feet on each side from the top of the bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b)
New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with this district.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(d)
Floodplains shall be delineated on all subdivision plats, and base flood elevation data shall be provided for subdivision proposals and other proposed developments (including manufactured home parks and subdivisions) which are either greater than fifty lots or five acres.
(a)
Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increases in flood levels during occurrence of the base flood discharge. In addition, all development, where permitted, shall comply with the standards applicable to all floodplain areas.
(b)
Permitted uses. The following uses and activities are permitted provided they are in compliance with the provisions of the underlying zoning district and do not require structures, fill, or storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, forestry, sod farming, crop farming, and similar uses and activities.
(2)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching areas, swimming areas, hiking trails, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, hunting and fishing areas, and similar uses and activities.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and loading areas, and similar accessory uses.
(4)
Accessory industrial, commercial, and institutional uses such as yard areas, parking and loading areas, airport landing strips, and similar accessory uses.
(c)
Special exception uses. The following uses and activities are permitted by a special exception use permit granted by the Zoning Board of Adjustment provided that they are in compliance with the provisions of the underlying zoning district:
(1)
Structures (other than manufactured homes) accessory to the permitted uses in (b) above.
(2)
Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves, piers, and similar uses.
(4)
Extraction of sand, gravel, and other materials where no increase in the level of flooding or the velocity of discharge is caused thereby.
(5)
Storage of materials and equipment provided that they are not buoyant, explosive, toxic, or otherwise hazardous and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning.
(6)
Other similar uses and activities provided they cause no increase in flood heights and velocities and are undertaken in strict compliance with the floodproofing and elevation provisions of this district.
(d)
In passing upon an application for a special exception use, the Zoning Board of Adjustment shall consider the review criteria for special exceptions contained in Section 277 and in addition, all technical evaluations, all relevant factors, all standards specified in other sections of this district, and the following criteria:
(1)
The danger that materials may be swept onto other lands to the injury of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility to the community.
(5)
The requirements of the facility for a waterfront location.
(6)
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed uses.
(7)
The compatibility of the proposed use with existing and anticipated development.
(8)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, streets, and bridges.
(e)
Conditions attached to special exceptions. Upon consideration of the factors listed above, the Zoning Board of Adjustment may attach such conditions to the granting of special exception use permits as it deems necessary to further the purposes of this district.
Cross reference— See § 277 for special exception procedures.
(a)
An application for a variance to the standards of this district may be submitted to the Zoning Board of Adjustment in accordance with the administrative provisions of this zoning ordinance. The Board shall refer the variance application to a professional engineer or other qualified person or agency for technical assistance in evaluating the proposal in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
(b)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d)
The Zoning Board of Adjustment shall not approve a variance unless it finds the criteria variances contained within Section 279 and in addition, the following criteria have been satisfactorily determined:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in exceptional hardship; and
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, fraud on or victimization of the public, or conflict with local laws or ordinances.
(e)
Any applicant to whom a variance is granted shall be given written notice by the Zoning Administrator that the issuance of the variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.
(f)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.
(g)
The Zoning Administrator shall maintain the records of all variance and administrative appeal actions and shall annually report such actions to the Federal Emergency Management Agency.
Cross reference— See § 279 for variance procedures.
The degree of flood protection required by this district is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions and flood heights may be increased by manmade or natural causes. Consequently, this district does not imply that land outside the floodplain or uses permitted within such areas will be free from flooding or flood damages. Therefore, this district shall not create liability on the part of the City of Jasper or by any officer or employee thereof for any flood damages that result from reliance on the provisions of this district or any administrative decision lawfully made thereunder.
The purpose of this district is two-fold: To maintain long-term traffic safety by reducing congestion, and to establish minimum standards for exterior architecture, landscaping and signage of buildings that contribute to a community image of quality, which are in the best interests of the citizens of this city.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
Minimum building setback from the I-22 Business Corridor right-of-way shall be 35 feet. Minimum front building setback from other public street right-of-way shall be 35 feet. Minimum side setback shall be 10 feet. Minimum rear setback shall be 35 feet.
(b)
Trash receptacles shall be concealed from public view.
(c)
Building orientation shall be such that loading and service areas do not face I-22 Business Corridor rights-of-way. All loading and service areas shall be screened.
(d)
The following materials shall be used as primary exterior building wall finishes: brick, stone, glass, wood, stucco, imitation stucco, pre-cast concrete, poured concrete and/or split face concrete block, or other material approved by the Zoning Administrator.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
All electrical service entrances from the front of building shall be underground.
(b)
Lighting shall have underground electric service, except where the lights, service poles and wires are not visible from public property.
(c)
Wooden light poles are prohibited, except behind buildings.
(Ord. No. 2011-14, § 2, 5-3-11)
Fences designed to create privacy or separation shall be made of masonry, ornamental metal, durable wood, vinyl which is designed and fabricated to appear as wood, or a combination of these materials. Chain link, plastic or wire fencing is not permitted for fences visible from public property.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
Perimeter landscaping. Parking areas shall be separated from other private property by an eight-foot wide perimeter planting area.
(b)
Landscape plan requirement. All landscape plans shall be drawn at an appropriate scale so as to convey the design intent to the planning department. Landscaping of shrub beds and/or tree planting in and around parking areas shall be a minimum of 50 square feet for every 10 parking spaces up to a maximum requirement of 1,000 square feet for 200 or more parking spaces.
(c)
Maintenance. The property owner shall be responsible for the maintenance, repair and replacement of all landscaping materials, barriers and irrigation systems. All plant materials shall be maintained in perpetuity in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.
(d)
Plant Material Standards. All plant materials shall conform to the American Standard for Nursery Stock, latest editions, published by the American Association of Nurserymen and Standardized Plant Names latest edition, published by The American Joint Committee on Horticultural Nomenclature.
(Ord. No. 2011-14, § 2, 5-3-11)
Access to the I-22 Business Corridors, being defined as roads lying within the B-4 Zoning District, and particularly those roads which intersect I-22 or future I-22 within the city limits of the City of Jasper, Alabama, shall be in accordance with the regulations established in each such instance by the City Engineer.
(Ord. No. 2011-14, § 2, 5-3-11)
SPECIAL PURPOSE DISTRICT REGULATIONS
Editor's note— Ord. No. 2011-14, § 2, adopted May 3, 2011, repealed former Div. 5, § 175 in its entirety and enacted new provisions a herein set out. Former Div. 5 pertained to similar subject matter and derived from Ord. No. 2006-01, § 5, 1-17-06; Ord. No. 2008-02, § 3, 2-5-08.
The provisions of this article shall apply to all properties designated by a special purpose zone.
This district permits large tracts of five or more acres to be planned and developed as an integral unit under single ownership or control, consisting of a combination of residential and non-residential uses. The district intent is to provide a living, working, and shopping environment within the development that contributes to a sense of community and a coherent living style. Further, the district seeks to:
(1)
Provide a development framework that obtains commercial and industrial business activity that significantly improves the economic development of the community;
(2)
Encourage the preservation and enhancement of the natural amenities of land and protect natural features; and
(3)
Reduce improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems, and infrastructure.
A Planned Unit Development District may be established for any tract with a minimum site area of five acres. The Planned Unit Development (referred to as PUD) shall consist of a combination of residential and non-residential uses planned and developed as an integral unit under single ownership or control.
(a)
A minimum of 25% of the PUD site area shall be developed for single family residences in accord with the requirements of the R-2 Single Family Residence District. Permits for uses other than single family residences shall not be issued until a final subdivision plat for the single family residences is approved by the Planning Commission. The purpose of this limitation is to ensure that the PUD procedure is not used, intentionally or unintentionally, to create higher density residential or non-residential uses except as part of a primarily single family residential development.
(b)
The remaining areas of the PUD may be developed in any combination of the following uses as listed in the Table of Permitted Uses, provided not more than 50% of the PUD site area is developed for non-residential purposes.
(1)
Any use permitted in the R-P Planned Residential District in accord with the R-P District regulations.
(2)
Any use permitted in the R-5 Multi-Family Dwelling District in accord with the R-5 District regulations.
(3)
Any use permitted in the B-2 Community Service District in accord with the B-2 District regulations. Such uses shall not exceed 10% of the PUD site area.
(4)
Any use permitted in the M-1 Light Industrial District in accord with the M-1 District regulations. Such uses shall not exceed 5% of the PUD site area.
A conceptual site plan shall accompany each application for rezoning to the PUD District. Development of the PUD shall be in substantial accord with the approved conceptual site plan. The site plan shall be drawn to scale and dimensioned, prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the State of Alabama. The site plan shall show, in schematic detail, the concept for use and development of the entire PUD tract, including the location of proposed uses and major buildings, the proposed residential development density, housing types, dimensional standards on all lots, layout of roads, location of all entrances to the tract, and layout and configuration of common open space. Also, a brief narrative text shall accompany the rezoning application, describing the general design and architectural policies for the PUD, the treatment of environmentally sensitive land located in the project tract, and the proposed time frame for phased development. Once the PUD zoning is approved, the developer shall also comply with the required site plan and subdivision approval procedures of this chapter.
Cross references—See § 274 for site plan review procedures and §§ 300—309 for rezoning procedures.
The district serves as an interim zone for newly annexed areas of the municipality. The MR District seeks to protect newly annexed areas prior to the time comprehensive zoning can be enacted.
On the effective date of annexation all newly-annexed property shall be zoned MR Municipal Reserve District.
As soon as practicable following annexation, the Planning Commission shall initiate a petition to rezone property annexed into the City from the MR District to any other district contained within this ordinance. In determining the most appropriate zone, the Planning Commission shall duly consider the following items, among others:
(1)
The comprehensive plan;
(2)
The desires of the property owners subject to rezoning;
(3)
The purposes and considerations of zoning, as required by Section 5 of this ordinance and section 11-52-72 of the Code of Alabama.
Cross reference— See §§ 300—309 for rezoning procedures.
All uses in existence at the time of annexation may lawfully continue under the provisions of the MR District, in accord with the R-1 District development standards.
All annexation ordinances enacted by the City shall include the provision that the property shall be temporarily zoned MR. A copy of the annexation ordinance shall be transmitted to the Zoning Administrator and Planning Commission for action.
This district intends to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions.
The provisions of this district shall be overlay provisions to the existing underlying zoning districts. All properties within the district shall be designated by the F suffix added to the underlying district prefix, i.e., R-1F. As overlay provisions, the requirements of this district shall serve as a supplement to the underlying zoning district provisions. Where there happens to be any conflict between the provisions of this overlay district and the provisions of the underlying district, the more restrictive provisions shall apply.
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, converted, or structurally altered except in full compliance with the terms of this district and other applicable regulations.
(b)
The provisions of this district are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where these provisions and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(c)
The provisions of this district supersede any regulations currently in effect in flood-prone areas. However, any underlying regulations shall remain in full force and effect to the extent that those provisions are more restrictive.
The following flood hazard terms when used in this district shall have the meanings defined by this section.
Base flood or 100-year flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Development. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas during the 100-year base flood.
Floodplain. A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation during the 100-year base flood; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source during the base flood.
Floodway. The designated area of the floodplain required to carry and discharge flood waters of a given magnitude during the base flood.
Floodway fringe. That area of the floodplain not included in the floodway.
Lowest floor. Includes the lowest enclosed area of a structure (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this district.
Mean sea level. The National Geodetic Vertical Datum (NGVD) of 1929 or other datum used as a reference for establishing various elevations within the floodplain.
Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Start of construction (includes substantial improvement). The date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
Substantial improvement. Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement, or in the case of damage, the value of the structure prior to the damage occurring. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
Cross references—See § 331 for interpretation of definitions, § 332 for word usage, § 333 for general terms defined, and § 334 for uses defined.
(a)
All properties included within the 100-year floodplain boundary on the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps published by the Federal Emergency Management Agency, effective date June 15, 1981, or as later amended, and areas along all small streams specified by this division shall be included within the F Flood Hazard District boundaries. All designated properties within the Flood Hazard District shall be referred to by a suffix to the underlying zoning district designation (i.e., R-1-F, B-2-F, etc.)
(b)
All Flood Boundary and Floodway Maps and Flood Insurance Rate Maps published by the Federal Emergency Management Agency, dated effective June 15, 1981, and any subsequent revisions, and the Flood Insurance Study, dated December 15, 1980, with supporting data and maps, are hereby adopted by reference and declared to be supplemental to the provisions of this district.
(c)
The delineation of any of the floodplain areas within the Flood Hazard District may be revised by the City Council where natural or man-made changes have occurred or detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual document or study indicate the need for revision. Such studies may include, but not be limited to U.S. Soil Conservation Service soil reports, U.S. Geological Survey topographic surveys, or reports of the City Engineer or other qualified consultant. However, prior to any such revision, approval must be obtained from the Federal Emergency Management Agency. Upon final approval of the revised delineation of the regulated floodplain, the City shall give notice of the revisions to the Alabama Department of Economic and Community Affairs.
(d)
Where interpretation is needed as to the exact location of boundaries of the Flood Hazard District or any floodplain areas within the district (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Zoning Administrator shall make the necessary interpretation. Should a dispute arise concerning the boundaries of the district, an administrative appeal may be filed with the Zoning Board of Adjustment.
Cross references—See § 32 for determination of precise location of district boundaries and § 278 for appeal of Zoning Administrator's determination.
The Flood Hazard District includes various areas subject to flooding. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Jasper, Alabama prepared by the Federal Emergency Management Agency, dated December 15, 1980 and subsequent amendments. The delineations of the floodplain for the purposes of this district shall be as follows:
(1)
Floodway. The floodway is delineated using the criteria that a certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood at any point. These floodways are more specifically defined in the above-referenced Flood Insurance Study and are shown on the Flood Boundary and Floodway Maps accompanying that study.
(2)
Floodway fringe. The floodway fringe shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of the floodway fringe shall be the 100-year flood elevations contained in the flood profiles of the above-referenced Flood Insurance Study, and the boundaries are shown on the Flood Boundary and Floodway Maps accompanying that study.
(3)
Approximated floodplain. The approximated floodplain shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown on the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps. Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood Prone Quadrangles, etc., then the applicant for a permit shall have a technical study completed to determine such data.
(4)
Small streams. Small streams exist where no base flood data and no flood boundaries have been provided by the Flood Insurance Study. Floodplain areas along small streams are within a distance of the stream bank equal to five times the width of the stream at the top of bank or twenty feet on each side from the top of the bank, whichever is greater, unless certification by a registered professional engineer determines otherwise.
(a)
Building permit. Application for a building permit shall be submitted prior to any development activities within the Flood Hazard District and shall include the following information which shall be maintained as public record by the Zoning Administrator:
(1)
Elevation (in relation to mean sea level) of the lowest floor (including basement) of new or substantially improved structures, prepared by a registered land surveyor or professional engineer.
(2)
Elevation in relation to mean sea level to which any structure will be floodproofed, prepared by a registered land surveyor or professional engineer.
(3)
Where a structure is intended to be floodproofed below the base flood level, a certification from a professional engineer or architect that the structural design, specifications, and plans for construction will meet the flood-proofing criteria of this district and the additional provisions of the Standard Building Code.
(4)
Description, prepared by a professional engineer, of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(b)
Certificate of occupancy. Before the issuance of a certificate of occupancy, during the construction stage of the development, the permit holder shall provide the following certifications which shall be maintained as public record by the Zoning Administrator:
(1)
The as-built elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, certified by a registered land surveyor or professional engineer.
(2)
Evidence of flood-proofing of a building, where required, certified by a professional engineer or architect.
(c)
Where additional federal or state permit requirements apply, the Zoning Administrator shall require that copies of such permits be provided and maintained on file with the building permit as public record.
(d)
The Zoning Administrator shall notify adjacent communities and the Alabama Department of Economic and Community Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(e)
When base flood elevation data or floodway data have not been provided by the Flood Insurance Study in approximated floodplains or along small streams, the Zoning Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of this section. If no data is available, then the applicant for a permit, shall submit data in accordance with recognized hydrologic and hydraulic engineering techniques. The technical analyses and determination of data shall be undertaken only by professional engineers or others of demonstrated qualifications who shall certify that the technical methods correctly reflect currently accepted technical concepts and consider existing land use and reasonable estimates of ultimate development according to the City's comprehensive land use plan. All technical studies shall be subject to approval by the City Engineer.
Cross references—See § 270 for permit compliance, § 271 for certificate of occupancy, and § 272 for building permit.
The following standards shall apply to all floodplain areas:
(1)
Under no circumstances shall any use, activity, or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(2)
New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(3)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage and by methods and practices that minimize flood damage.
(4)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(6)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and to minimize or eliminate discharges from the systems into flood waters.
(7)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(8)
Flammable, explosive, toxic, or otherwise hazardous materials shall not be stored in the floodplain.
(9)
Any alteration, repair, reconstruction or improvements to an existing structure which is in compliance with the provisions of this district, shall meet the requirements of new construction.
(10)
New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwater shall be provided.
(11)
Any manufactured home shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation. It shall be securely anchored to prevent flotation, collapse, or lateral movement in accordance with the Standard Building Code. Such standards shall be in addition to and consistent with applicable state requirements for resisting such forces. The provisions of this subsection shall apply to existing manufactured home parks, subdivisions, and lots where an existing manufactured home is replaced or substantially improved; to any expansion to an existing park or subdivision; and to new parks, subdivisions and installations after the effective date of this ordinance.
(12)
New construction or substantial improvement of any commercial, industrial, institutional or other non-residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation.
(13)
Structures may be floodproofed in lieu of being elevated one foot or more above the base flood provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water. The walls shall use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(14)
For all new construction or substantial improvements of elevated buildings that include fully enclosed areas below the lowest floors that are subject to flooding, the following standards shall be certified by a registered professional engineer or architect:
a.
The enclosed area shall be designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; and openings may be equipped with screens, louvers, values or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
b.
Electrical, plumbing, and other utility connections are prohibited below the base flood elevation.
c.
Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairways or elevator).
d.
The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(a)
No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five times the width of the stream at the top of bank or twenty feet on each side from the top of the bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b)
New construction or substantial improvements of structures shall be elevated or floodproofed to elevations established in accordance with this district.
(a)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(d)
Floodplains shall be delineated on all subdivision plats, and base flood elevation data shall be provided for subdivision proposals and other proposed developments (including manufactured home parks and subdivisions) which are either greater than fifty lots or five acres.
(a)
Encroachments, including fill, new construction, substantial improvements and other developments shall be prohibited unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increases in flood levels during occurrence of the base flood discharge. In addition, all development, where permitted, shall comply with the standards applicable to all floodplain areas.
(b)
Permitted uses. The following uses and activities are permitted provided they are in compliance with the provisions of the underlying zoning district and do not require structures, fill, or storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, forestry, sod farming, crop farming, and similar uses and activities.
(2)
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching areas, swimming areas, hiking trails, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, hunting and fishing areas, and similar uses and activities.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and loading areas, and similar accessory uses.
(4)
Accessory industrial, commercial, and institutional uses such as yard areas, parking and loading areas, airport landing strips, and similar accessory uses.
(c)
Special exception uses. The following uses and activities are permitted by a special exception use permit granted by the Zoning Board of Adjustment provided that they are in compliance with the provisions of the underlying zoning district:
(1)
Structures (other than manufactured homes) accessory to the permitted uses in (b) above.
(2)
Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses.
(3)
Water-related uses and activities such as marinas, docks, wharves, piers, and similar uses.
(4)
Extraction of sand, gravel, and other materials where no increase in the level of flooding or the velocity of discharge is caused thereby.
(5)
Storage of materials and equipment provided that they are not buoyant, explosive, toxic, or otherwise hazardous and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning.
(6)
Other similar uses and activities provided they cause no increase in flood heights and velocities and are undertaken in strict compliance with the floodproofing and elevation provisions of this district.
(d)
In passing upon an application for a special exception use, the Zoning Board of Adjustment shall consider the review criteria for special exceptions contained in Section 277 and in addition, all technical evaluations, all relevant factors, all standards specified in other sections of this district, and the following criteria:
(1)
The danger that materials may be swept onto other lands to the injury of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4)
The importance of the services provided by the proposed facility to the community.
(5)
The requirements of the facility for a waterfront location.
(6)
The availability of alternative locations, not subject to flooding or erosion damage, for the proposed uses.
(7)
The compatibility of the proposed use with existing and anticipated development.
(8)
The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
(11)
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, streets, and bridges.
(e)
Conditions attached to special exceptions. Upon consideration of the factors listed above, the Zoning Board of Adjustment may attach such conditions to the granting of special exception use permits as it deems necessary to further the purposes of this district.
Cross reference— See § 277 for special exception procedures.
(a)
An application for a variance to the standards of this district may be submitted to the Zoning Board of Adjustment in accordance with the administrative provisions of this zoning ordinance. The Board shall refer the variance application to a professional engineer or other qualified person or agency for technical assistance in evaluating the proposal in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
(b)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(c)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d)
The Zoning Board of Adjustment shall not approve a variance unless it finds the criteria variances contained within Section 279 and in addition, the following criteria have been satisfactorily determined:
(1)
A showing of good and sufficient cause;
(2)
A determination that failure to grant the variance would result in exceptional hardship; and
(3)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, fraud on or victimization of the public, or conflict with local laws or ordinances.
(e)
Any applicant to whom a variance is granted shall be given written notice by the Zoning Administrator that the issuance of the variance to construct a structure below the 100-year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance.
(f)
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in this section and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.
(g)
The Zoning Administrator shall maintain the records of all variance and administrative appeal actions and shall annually report such actions to the Federal Emergency Management Agency.
Cross reference— See § 279 for variance procedures.
The degree of flood protection required by this district is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions and flood heights may be increased by manmade or natural causes. Consequently, this district does not imply that land outside the floodplain or uses permitted within such areas will be free from flooding or flood damages. Therefore, this district shall not create liability on the part of the City of Jasper or by any officer or employee thereof for any flood damages that result from reliance on the provisions of this district or any administrative decision lawfully made thereunder.
The purpose of this district is two-fold: To maintain long-term traffic safety by reducing congestion, and to establish minimum standards for exterior architecture, landscaping and signage of buildings that contribute to a community image of quality, which are in the best interests of the citizens of this city.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
Minimum building setback from the I-22 Business Corridor right-of-way shall be 35 feet. Minimum front building setback from other public street right-of-way shall be 35 feet. Minimum side setback shall be 10 feet. Minimum rear setback shall be 35 feet.
(b)
Trash receptacles shall be concealed from public view.
(c)
Building orientation shall be such that loading and service areas do not face I-22 Business Corridor rights-of-way. All loading and service areas shall be screened.
(d)
The following materials shall be used as primary exterior building wall finishes: brick, stone, glass, wood, stucco, imitation stucco, pre-cast concrete, poured concrete and/or split face concrete block, or other material approved by the Zoning Administrator.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
All electrical service entrances from the front of building shall be underground.
(b)
Lighting shall have underground electric service, except where the lights, service poles and wires are not visible from public property.
(c)
Wooden light poles are prohibited, except behind buildings.
(Ord. No. 2011-14, § 2, 5-3-11)
Fences designed to create privacy or separation shall be made of masonry, ornamental metal, durable wood, vinyl which is designed and fabricated to appear as wood, or a combination of these materials. Chain link, plastic or wire fencing is not permitted for fences visible from public property.
(Ord. No. 2011-14, § 2, 5-3-11)
(a)
Perimeter landscaping. Parking areas shall be separated from other private property by an eight-foot wide perimeter planting area.
(b)
Landscape plan requirement. All landscape plans shall be drawn at an appropriate scale so as to convey the design intent to the planning department. Landscaping of shrub beds and/or tree planting in and around parking areas shall be a minimum of 50 square feet for every 10 parking spaces up to a maximum requirement of 1,000 square feet for 200 or more parking spaces.
(c)
Maintenance. The property owner shall be responsible for the maintenance, repair and replacement of all landscaping materials, barriers and irrigation systems. All plant materials shall be maintained in perpetuity in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.
(d)
Plant Material Standards. All plant materials shall conform to the American Standard for Nursery Stock, latest editions, published by the American Association of Nurserymen and Standardized Plant Names latest edition, published by The American Joint Committee on Horticultural Nomenclature.
(Ord. No. 2011-14, § 2, 5-3-11)
Access to the I-22 Business Corridors, being defined as roads lying within the B-4 Zoning District, and particularly those roads which intersect I-22 or future I-22 within the city limits of the City of Jasper, Alabama, shall be in accordance with the regulations established in each such instance by the City Engineer.
(Ord. No. 2011-14, § 2, 5-3-11)