The following sections shall be applicable to all the zoned districts in the City of Moody:

1.01.

Buffer requirements.

A.

The buffer requirements shall conform to the distances which are indicated in the buffer matrix.

B.

The city reserves the discretion to increase or decrease the buffer requirements, if necessary, to promote or protect the public health, safety or welfare. These requirements may be amended, supplemented, changed modified or repealed by the planning commission and the city council of the City of Moody. The planning commission and the city council may propose changes and hold public hearings (public notice of which may be posted) for the consideration of any proposed buffer amendment.

C.

The planning commission reserves the right to require additional buffer supplements, over and above the prescribed buffer widths as shown in the buffer matrix. The elements of pollution: air, noise, etc.; nuisances; contiguity of grossly incompatible land uses; and, other factors shall lay the grounds for additional buffer requirements.

D.

Plans for large buffer areas, between incompatible uses, shall be represented in scaled drawings, indicating: contours, areas with planted material, berms, (natural and artificial), etc. Impervious surfaces shall be reduced to an absolute minimum and all water runoff and drainage facilities shall be adequately shown in these drawings.

E.

In large commercial and industrial areas, parking areas/lots may be used as a part of a barrier, only in the fulfillment of the distance requirements provided in the buffer matrix. Other significant factors, such as: air pollution, noise pollution, drainage and surface runoff, etc., occurring due to a large number of vehicles, large impervious surface areas, the nature of an operation, etc., shall be adequately accounted for through the use of trees, shrubs, berms, drainage systems and other appropriate measures.

1.02.

Additional regulations (when applicable).

A.

Unless otherwise noted, the following additional regulations shall apply:

1.

Administrative and review procedures, article III.

2.

Definitions, article VI.

3.

General regulations, article V.

4.

Supplemental regulations, article VII.

5.

Special exception uses, article VIII.

6.

Off-street parking and loading regulations, article IX.

7.

Sign regulations, article X.

1.03.

Public buildings. All public buildings shall have a front yard setback of 50 feet. In all other residential districts, where permitted, public buildings shall have a rear yard of 35 feet, a maximum height of 45 feet, a maximum building area of 50 percent of the lot.

2.01.

Intent. This district consists primarily of undeveloped land where agricultural and related activities may occur within the city and where agricultural support centers may serve outlying areas beyond the city. The intent of the AG-1 district is to preserve these areas in agriculture, forestry, rural residential and other limited yet compatible land uses, until such time as a higher density development pattern may be desired and city services can be expanded to accommodate such development.

2.02

Uses Permitted (amended M2021-11-08). The following uses shall be permitted in the AG-1 agricultural district. Similar uses to those listed below may also be permitted subject to article III, Administration and Review Procedures, subsection 2.11, Interpretation of uses and Subsection 2.12, Unclassified uses.

A.

Agricultural uses.

1.

Customary accessory structures and buildings associated with farming and related agricultural activities.

2.

Farms, as defined in article IV, § 5.00 and article VII, § 11.00.

3.

Hobby farms, subject to article VIII, § 2.00.

4.

Stables, private.

B.

Residential uses.

1.

Barndominium.*

2.

Detached single family residences as defined in article IV.

3.

Manufactured (mobile) homes [property owner must obtain the permission of all the adjoining property owners before putting a manufactured home on their lot], subject to article VII, § 12.00.

4.

Non-commercial greenhouses and gardens.

5.

Private swimming pools, subject to article VII, § 10.00.

6.

Private tennis courts, subject to article VIII, § 11.00.

7.

Satellite dish antennas, subject to article VII, § 7.00.

* Barndominiums are allowed residential structures in AG-1 Districts; however, the aesthetics of the same must be compatible with the area in which the proposed Barndominium is to be located. Any applicant desiring to place a Barndominium in an AG-1 District shall first submit a conceptual plan of the same to the Planning Commission for consideration. The Commission shall take into account all applicable factors including but not limited to the total acreage of the applicant's property, the visibility of the Barndominium, and the aesthetics of the other structures in the area in determining whether to approve, deny or place conditions upon the proposed Barndominium's construction.

C.

Institutional uses.

1.

Clubs.

2.

Community centers.

3.

Country clubs.

4.

Domiciliary care facilities.

5.

Parks.

6.

Places of worship.

7.

Public assembly centers.

8.

Public buildings.

9.

Public utility services.

10.

Schools.

D.

Commercial uses.

1.

Animal hospitals.

2.

Kennels, commercial.

3.

Studios.

4.

Seasonal sale of farm produce, grown on the same premises upon which such is offered for sale.

E.

Temporary Uses

1.

Garage sales, subject to Article VII, § 9.00.

2.03.

Special exception uses. The following uses may be permitted subject to approval of the City of Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Agricultural uses.

1.

Farm support businesses.

2.

Livestock sales.

3.

Stables, commercial.

B.

Residential uses.

1.

Manufactured (mobile) home parks, subject to article VII, § 12.00.

2.

Manufactured (mobile) home subdivisions, article VII, § 12.00.

C.

Institutional uses.

1.

Animal shelters.

2.

Cemeteries, subject to article VIII, § 8.00.

3.

Halfway houses.

4.

Military installations.

5.

Penal institutions.

6.

Pet cemeteries.

7.

Public utility facilities.

D.

Commercial uses.

1.

Airports.

2.

Broadcast studios.

3.

Campgrounds.

4.

Commercial transmission towers, subject to article VIII, § 13.00.

5.

Day care homes.

6.

Entertainment, outdoor.

7.

Home occupations, subject to article VIII, § 9.00.

8.

Manufactured (mobile) home sales.

E.

Industrial uses.

1.

Transmission towers, commercial, see article VIII, § 13.00.

2.04

Area and Dimensional Regulations (Amended M2021-11-08). Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

2.05.

Buffer requirements. As described in the buffer matrix. The planning commission or the zoning board of adjustment may require additional buffer supplements.

2.06.

Additional regulations (when applicable). See subsection 1.02, A of this article; and:

A.

Fowl and livestock shall conform with the following provisions:

1.

Horses, cows, sheep, goats and swine shall be housed not less than 150 feet from any use permitted in any residential or business zone district, other than the owners residence, with at least 15,000 square feet of lot area for each animal.

2.

Fowl, rabbits and other small animals shall be housed not less than 100 feet from any use permitted in any residential or business zone, other than the residence of the owner, with a maximum of 20 such fowl or animals for every 7,000 square feet of lot area.

3.01.

Intent. This district provides the opportunity to carry out low-intensity farm and related activities and low-density, detached single-family residences. A selection of institutional activities will also be permitted.

3.02.

Uses permitted. The following uses shall be permitted in the MF mini farm district. Similar uses to those listed below may also be permitted subject to article III, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

A.

Agricultural uses.

1.

Accessory structures and buildings associated with the activities of housing one or two small farm animals and other related activities.

2.

Hobby farms, subject to article VIII, § 2.00.

3.

Small stables, private.

B.

Residential uses.

1.

Detached single-family residences, as defined in article IV.

2.

Noncommercial greenhouses and gardens.

3.

Private swimming pools, subject to article VII, § 10.00.

4.

Private tennis courts, subject to article VIII, § 11.00.

5.

Residential accessory structures and buildings, subject to article VII, § 6.00.

6.

Satellite dish antennas, subject to article VII, § 7.00.

C.

Institutional uses.

1.

Public utility services.

D.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

3.03.

Special exception uses. The following uses may be permitted [subject] to approval of the zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Agricultural uses.

1.

Low intensity farm support activities.

B.

Institutional uses.

1.

Community centers.

2.

Country clubs.

3.

Parks.

4.

Places of worship.

5.

Public buildings, subject to subsection 3.05 of this section.

6.

Public utility facilities.

7.

Schools.

3.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

3.05.

Public buildings. As described in § 1.00, subsection 1.03.

3.06.

Buffer requirements. As described in the buffer matrix.

3.07.

Additional regulations (when applicable).

A.

Unless otherwise provided for in this ordinance, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following types:

1.

Poultry.

2.

Horses, donkeys and ponies.

3.

Goats, sheep and swine shall not be permitted in this district.

B.

The following is a list of uses, also permitted in this district, subject to the approval of the planning commission:

1.

Grain and seed crops.

2.

Poultry, including egg production, excluding commercial poultry processing operations.

3.

Nursery operations involving the raising of: plants, shrubs and trees.

4.

Bees and apiary products.

5.

Fisheries, excluding commercial fish processing operations.

6.

Fruit and vegetables of all kinds, excluding commercial food processing operations.

C.

The use shall be subject to the following setback and area requirements:

1.

Farm animals shall be housed not less than 150 feet from any adjacent lot not zoned MF.

2.

Offensive animal odors shall not be detectable at the property line.

3.

At least one acre of lot area shall be required for each small livestock animal; and, a maximum of 15 poultry shall be allowed for every 7,000 square feet of lot area.

4.01.

Intent. To provide exclusive areas for low density detached single-family residences, along with selected institutional and commercial uses which are integrally related to residential neighborhoods.

4.02.

Uses permitted. The following uses shall be permitted in the E-1 residential estate district. Similar uses to those listed below may also be permitted subject to article III, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

A.

Agricultural uses.

1.

Noncommercial greenhouses and gardens.

B.

Residential uses.

1.

Accessory structures and buildings, subject to article VII, § 6.00.

2.

Detached single-family residences.

3.

Private swimming pools, subject to article VII, § 10.00.

4.

Private tennis courts, subject to article VIII, § 11.00.

5.

Satellite dish antennas, subject to article VII, § 7.00.

C.

Institutional uses.

1.

Public utility services.

D.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

4.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Agricultural uses.

1.

Hobby farms, subject to article VIII, § 2.00.

B.

Institutional uses.

1.

Community centers.

2.

Country clubs.

3.

Parks.

4

Places of worship.

5.

Public buildings, subject to subsection 2.05 of this section.

6.

Public utility facilities.

7.

Schools.

4.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

Corner lots: Setbacks shall be the same on both streets, roads or highways.

4.05.

Public buildings. As described in § 1.00, subsection 1.03.

4.06.

Buffer requirements. As described in the buffer matrix.

4.07.

Additional regulations (when applicable). As described in § 1.00, subsection 1.02.

5.01.

Intent. To provide areas suitable for medium density detached single-family residences, along with selected institutional and commercial uses which are integrally related to residential neighborhoods.

5.02.

Uses permitted. The following uses shall be permitted in the R-1 single-family residential district. Similar uses to those listed below may also be permitted subject to article IV, Administration, interpretation of uses, subsection 2.11 and Unclassified uses, subsection 2.12.

[A.]

Agricultural uses.

1.

Noncommercial greenhouses and gardens.

[B.]

Residential uses.

1.

Accessory structures and buildings, subject to article VII, § 6.00.

2.

Detached single-family residences.

3.

Private swimming pools, subject to article VIII, § 10.00.

4.

Private tennis courts, subject to article VIII, § 11.00.

5.

Satellite dish antennas, subject to article VII, § 7.00.

[C.]

Institutional uses.

1.

Public utility services.

[D.]

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

5.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Institutional uses.

1.

Clubs.

2.

Community centers.

3.

Country clubs.

4.

Parks.

5.

Places of worship.

6.

Public buildings, subject to subsection 3.05 of the E-1 district.

7.

Public utility facilities.

8.

Schools.

B.

Commercial uses.

1.

Bed and breakfast inns, subject to article VIII, § 14.00.

2.

Day care homes.

3.

Home occupations, subject to article VIII, § 9.00.

5.04

Area and dimensional regulations (Ordinance M2017-04-10; Amended M2021-11-08. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required in the R1 Single Family Residential District:

Corner lots: Setbacks shall be the same on both streets, roads or highways.

* In case sanitary sewer service is not available to serve the proposed development, the minimum lot size (square footage) required by the county health department shall be met. In the event a site is to be developed with septic tank facilities, the developer/ builder shall produce an engineering report, for review by the planning commissions, prepared by a State of Alabama registered professional engineer. This report shall contain all to the relevant information on the site pertaining to soil conditions, soil capacity, percolation study, proximity to flood plains, etc. The developer/builder shall be required to produce a permit from the county health department. The City of Moody will determine whether or not to issues a permit for the findings and recommendations of the county health department, the information contained in the engineering report, and such other relevant information as may be required by the planning commission or the city engineer. The developer/builder shall provide to the City of Moody the density, unit size and other relevant information as may be required by the planning commission or the city engineer.

** The front setback shall be measured from the sidewalk when sidewalks are required or provided.

*** Side yards are subject to the following building separation provisions; No building in an RG District shall be located less than 25 from any boundary of the RG Development.

5.05.

Public buildings. As described in § 1.00, subsection 1.03.

5.06.

Buffer requirements. As described in the buffer matrix.

5.07.

Additional regulations (Ordinance # M2005-2-28).

A.

All detached single-family residences shall have attached, enclosed double-car garages with either rear or side entry.

B.

All R-1 single-family residential developments shall have underground utilities.

C.

[Buffer requirements.] As described in the buffer matrix.

Additional regulations (Ordinance # M2006-08-14B).

D.

To prevent sedimentation runoff, the planning commission may require as a condition of preliminary plat approval that yards (or parts thereof), slopes, drainage improvements, ditches and other disturbed areas of the development or lot be sod laid on topsoil.

E.

Notwithstanding anything herein to the contrary, any development or construction with a slope greater than 4:1 shall submit a landscaping plan for approval by the planning commission.

6.01.

Intent. To provide areas suitable for medium density detached single-family residences, Along with selected institutional and commercial uses which are integrally related to residential neighborhoods.

6.02.

Uses permitted. The following uses shall be permitted in the R-1 single-family residential district. Similar uses to those listed below may also be permitted subject to article III, Administration, Interpretation of uses, subsection 2.11 and Unclassified uses, subsection 2.12.

A.

Agricultural uses.

1.

Noncommercial greenhouses and gardens.

B.

Residential uses.

1.

Accessory structures and buildings, subject to article VII, § 6.00.

2.

Detached single-family residences.

3.

Private swimming pools, subject to article VIII, § 10.00.

4.

Private tennis courts, subject to article VIII, § 11.00.

5.

Satellite dish antennas, subject to Article VII, § 7.00.

C.

Institutional uses.

1.

Public utility services.

D.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

6.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Institutional uses.

1.

Clubs.

2.

Community centers.

3.

Country clubs.

4.

Parks.

5.

Places of worship.

6.

Public buildings.

7.

Public utility facilities.

8.

Schools.

B.

Commercial uses.

1.

Bed and breakfast inns, subject to article VIII, § 14.00.

2.

Day care homes.

3.

Home occupations, subject to article VIII, § 9.00.

6.04

Area and dimensional regulations (Ordinance # M2017-04-10A; Amended M2021-11-08). Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required.

Corner lots: Setbacks shall be the same on both streets, roads or highways

* In case sanitary sewer service is not available to serve the proposed development, the minimum lot size (square footage) required by the county health department shall be met. In the event a site is to be developed with septic tank facilities, the developer/ builder shall produce an engineering report, for review by the planning commissions, prepared by a State of Alabama registered professional engineer. This report shall contain all to the relevant information on the site pertaining to soil conditions, soil capacity, percolation study, proximity to flood plains, etc. The developer/builder shall be required to produce a permit from the county health department. The City of Moody will determine whether or not to issues a permit for the findings and recommendations of the county health department, the information contained in the engineering report, and such other relevant information as may be required by the planning commission or the city engineer. The developer/builder shall provide to the City of Moody the density, unit size and other relevant information as may be required by the planning commission or the city engineer.

** The front setback shall be measured from the sidewalk when sidewalks are required or provided.

6.05.

Buffer requirements. As described in § 1.00, subsection 1.01, A, 1.

6.06.

Additional regulations.

Ordinance # M03-35-19.

Sidewalks shall be constructed in compliance with the provisions of section 5.08 of the subdivision regulations of the City of Moody.

All utilities shall be placed underground in compliance with the requirements of the applicable utility provider.

Ordinance # M2005-2-28.

A.

All detached single-family residences shall have attached, enclosed double-car garages with either rear or side entry.

B.

All R-2 single-family residential developments shall have underground utilities.

C.

All R-2 single-family residential developments shall have sidewalks on both sides of the street and shall be constructed in accordance with the provisions relating to sidewalks in the city's applicable subdivision regulations.

D.

As described in the buffer matrix.

9-11-06 Ordinance # M2006-08-14B.

E.

To prevent sedimentation runoff, the planning commission may require as a condition of preliminary plat approval that yards (or parts thereof), slopes, drainage improvements, ditches and other disturbed areas of the development or lot be sod laid on topsoil.

F.

Notwithstanding anything herein to the contrary, any development or construction with a slope greater than 4:1 shall submit a landscaping plan for approval by the planning commission.

7.01.

Intent. To provide areas suitable for the development of detached single-family residences, duplexes and multifamily dwellings, along with selected institutional and commercial uses which are integrally related to the residential neighborhood.

7.02.

Uses permitted.

A.

Agricultural uses.

1.

Noncommercial greenhouses and gardens.

B.

Residential uses.

1.

Accessory structures and buildings, subject to article VII, § 6.00.

2.

Detached single-family residences.

3.

Duplexes.

4.

Multifamily dwellings.

5.

Private swimming pools, subject to article VII, § 10.00.

6.

Private tennis courts, subject to article VIII, § 11.00.

7.

Satellite dish antennas, subject to article VII, § 7.00.

C.

Institutional uses.

1.

Group care homes.

2.

Parks.

3.

Public utility services.

7.03.

Special exception uses. The following uses may be permitted, subject to the approval of the zoning board of adjustment and the appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Institutional uses.

1.

Community centers.

2.

Country clubs.

3.

Parks.

4.

Places of worship.

5.

Public buildings.

6.

Public utility facilities.

7.

Schools.

B.

Commercial uses.

1.

Boarding houses.

2.

Day care homes.

3.

Home instruction.

4.

Home occupation, subject to article VIII, § 9.00.

C.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

7.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

Corner lots: Setbacks shall be the same on both streets, roads and highways.

** In case sanitary sewers are not available to serve the proposed development, the minimum lot size (square footage) required by the St. Clair county health department shall be met.

7.05.

Buffer requirements. Unless otherwise stipulated elsewhere in this ordinance, when any lot is to be developed for any use other than single-family, tow-family or multifamily use, and such a lot abuts a lot occupied or zoned for single-family, two-family or multifamily use, a minimum buffer yard width of 25 feet shall be provided. (See article VII, § 13.00.)

7.06.

Additional regulations: Ordinance # M03-05-19.

Sidewalks shall be constructed in compliance with the provisions of section 5.08 of the subdivision regulations of the City of Moody, Alabama.

All utilities shall be placed underground in compliance with the requirements of the applicable utility provider.

Additional regulations: Ordinance # M2005-2-28.

A.

All multiple-family residential developments shall have underground utilities.

B.

All R-3 multiple-family residential developments shall have sidewalks on both sides of the street and shall be constructed in accordance with the provisions relating to sidewalks in the city's applicable subdivision regulations.

C.

As described in the buffer matrix.

Additional regulations (Ordinance M2006-08-14B).

D.

To prevent sedimentation runoff, the planning commission may require as a condition of preliminary plat approval that yards (or parts thereof), slopes, drainage improvements, ditches and other disturbed areas of the development or lot be sod laid on topsoil.

E.

Notwithstanding anything herein to the contrary, any development or construction with a slope greater than 4:1 shall submit a landscaping plan for approval by the planning commission.

8.01.

Intent. To provide areas suitable for townhouse residential dwellings.

8.02.

Uses permitted.

A.

Residential uses.

1.

Accessory structures and buildings, provided they are located in the rear yard only.

2.

Townhouse dwellings.

B.

Institutional uses.

1.

Public utility services.

C.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

8.03.

Special exception uses. The following uses may be permitted, subject to approval of the zoning board of adjustment and the appropriate permits issued by the city:

A.

Commercial uses.

1.

Home occupation, subject to article VIII, § 9.00

8.04.

Area and dimensional regulations.

Townhouse dwellings shall be located at least 15 feet from the RT district boundary as depicted on the site development plan, 20 feet from any detached single-family residential district.

** 30 feet if parking is provided in front of the dwelling.

Eve overhangs: Cornices or eaves may extend into adjoining property but such must be recorded and executed through covenants between the property owners and all such cornices and eaves shall be fireproof.

A site plan is required for all townhouse developments. See article III, Administration and Review Procedures, subsection 2.02.

Requirements for non-sewered developments. In the event a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for the perusal of the planning commission, City of Moody, prepared by a State of Alabama registered professional engineer. This report shall contain all the relevant information, on the site, pertaining to the soil conditions, soil capacity, percolation study, proximity to flood plains, etc. The developer/builder shall be required to produce a permit from the St. Clair county health department. The City of Moody shall issue a permit for the development of townhouse, to the developer/builder in concern, based on the findings and recommendations of the St. Clair County Health Department. In accordance with these recommendations, the density, unit size and other relevant requirements for townhouses shall be provided by the City of Moody to the developer/builder.

8.05.

Buffer requirements. Unless otherwise specified elsewhere in this ordinance, when any lot is to be developed for any use other than townhouses and such a lot abuts a lot occupied or zoned for townhouses, a minimum buffer yard as shown in the buffer matrix shall be provided to separate this use from the townhouse district. (See article VII, §§ 13.00 through 13.02.)

8.06.

Additional regulations (when applicable). See subsection 1.02, A of this article; and:

A.

There shall be two paved, off-street parking spaces per unit, the depth of which shall be measured from back of curb. Unit parking spaces are not permitted along existing interior streets.

B.

An easement appurtenance across lots shall be provided where a property owner must cross an adjoining property to reach his own. Gates shall be provided if a fence extends to the property line.

C.

The applicant shall provide for and establish an organization or other legal entity for the ownership and maintenance of all the commonly owned areas designated on the site development plan. Such organizations shall be created by covenants/deed restrictions related with the land and shall be duly recorded in the office of the probate judge of St. Clair County.

D.

No fences shall be allowed in the front yard.

E.

Private below-ground swimming pools are prohibited in the RT District.

F.

All lots shall be served by water and sewer.

G.

All utilities shall be placed underground.

H.

All garbage and refuse collection facilities shall be the responsibility of the management.

Additional regulations. Ordinance # M03-05-19.

Sidewalks shall be constructed in compliance with the provisions of section 5.08 of the subdivision regulations of the City of Moody, Alabama.

All utilities shall be underground in compliance with the requirements of the applicable utility provider.

Ordinance # M2005-2-28.

I.

All townhouse residential developments shall have underground utilities.

J.

All RT townhouse residential developments shall have sidewalks on both sides of the street and shall be constructed in accordance with the provisions relating to sidewalks in the city's applicable subdivision regulations.

K.

As described in the buffer matrix.

Additional regulations, Ordinance # M2006-08-14B.

L.

To prevent sedimentation runoff, yards, slopes, drainage improvements, ditches and other disturbed areas of the development or lot shall be sod laid on topsoil.

M.

Notwithstanding anything herein to the contrary, any development or construction with a slope greater than 4:1 shall submit a landscaping plan for approval by the planning commission.

9.01.

Intent. To provide areas suitable for the development of residential garden homes, along with selected institutional and commercial uses which are integrally related to residential neighborhoods.

9.02.

Uses permitted.

A.

Residential uses.

1.

Accessory buildings and structures, subject to article VII, § 6.00.

2.

Residential garden homes.

B.

Institutional uses.

1.

Public utility services.

C.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

9.03.

Special exception uses. The following uses may be permitted, subject to approval of the zoning board of adjustment and the appropriate permits issued by the city.

A.

Commercial uses.

1.

Home occupation, subject to article VIII, § 9.00.

9.04.

Area and dimensional regulations (amended M2017-01-09). Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required in the RG Garden Home District:

Corner lots: Setbacks shall be the same on both streets, roads or highways.

* In case sanitary sewer service is not available to serve the proposed development, the minimum lot size (square footage) required by the St. Clair County Health Department shall be met. In the event a site is to be developed with septic tank facilities, the developer/builder shall produce an engineering report, for review by the planning commissions, prepared by a State of Alabama Registered Professional Engineer. This report shall contain all to the relevant information on the site pertaining to soil conditions, soil capacity, percolation study, proximity to flood plains, etc. The developer/builder shall be required to produce a permit from the St. Clair County Health Department. The City of Moody will determine whether or not to issues a permit for the findings and recommendations of the St. Clair County Health Department, the information contained in the engineering report, and such other relevant information as may be required by the planning commission or the city engineer. The developer/builder shall provide to the City of Moody the density, unit size and other relevant information as may be required by the planning commission or the city engineer.

** The front setback shall be measured from the sidewalk when sidewalks are required or provided.

*** Side yards are subject to the following building separation provisions; no building in an RG District shall be located less than 25 feet from any boundary of the RG Development.

9.05.

Buffer requirements. As described in the buffer matrix.

9.06.

Additional regulations. Ordinance # M03-05-19.

Sidewalks shall be constructed in compliance with the provisions of section 5.08 of the subdivision regulations of the City of Moody, Alabama.

All utilities shall be placed underground in compliance with the requirements of the applicable utility provider.

Amended, Ordinance M2005-2-28.

A.

All residential garden homes shall have attached, enclosed, double-car garages.

B.

All residential garden home developments shall have underground utilities.

C.

All RG Residential Garden Home developments shall have sidewalks on both sides of the street and shall be constructed in accordance with the provisions relating to sidewalks in the city's applicable subdivision regulations.

D.

As described in the buffer matrix.

Additional Regulations, Ordinance M2006-08-14B.

E.

To prevent sedimentation runoff, yards, slopes, drainage improvements, ditches and other disturbed areas of the development or lot shall be sod laid on topsoil.

F.

Notwithstanding anything herein to the contrary, any development or construction with a slope greater than 4:1 shall submit a landscaping plan for approval by the planning commission.

10.01.

Intent. This district shall comprise of single-family residential uses, including conventional single-family homes, garden homes and townhouses. Such developments shall adhere to a site plan. The minimum site area shall equal five contiguous acres with a minimum of 20 percent of it devoted to recreation/open spaces. The responsibility of maintaining such open spaces shall be borne by a homeowner's association or any other similar legal entity. At least 50 percent of these open spaces shall be utilized for recreational purposes. A greater efficiency of land development is availed, in comparison to a conventional development of single-family homes, resulting in savings to the home buyer in the form of reduced development costs. The residents share common facilities and have less to perform on home/yard maintenance. There are also provisions for institutional and accessory uses within any such district.

10.02.

Uses permitted. The following uses shall be permitted:

A.

Agricultural uses.

1.

Noncommercial greenhouses and gardens.

B.

Residential uses.

1.

Accessory structures and buildings, subject to article VII, § 6.00.

2.

Detached single-family residence.

3.

Garden homes.

4.

Satellite dish antennas, subject to article VII, § 7.00.

5.

Townhouses.

C.

Institutional uses.

1.

Public utility services.

D.

Temporary uses.

1.

Garage sales, subject to article VII, § 9.00.

10.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Institutional uses.

1.

Parks.

2.

Places of worship.

3.

Public utility facilities.

4.

Schools.

B.

Commercial uses.

1.

Day care homes.

2.

Home instruction.

3.

Home occupation, subject to article VIII, § 9.00.

10.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

A.

The maximum density of the development shall be six dwelling units per acre, with the availability of sewer services; and, the minimum site area for the development shall be five acres of land. In areas with septic tanks, the minimum lot size shall be 15,000 square feet.

B.

The following dimensional requirements shall apply, based on the availability of sewer services:

1.

Single-family residence:

a.

Minimum lot area: 6,000 sf. ^**

b.

Minimum lot width: 50 feet.

c.

Minimum front yard: 30 feet.

d.

Minimum side yard: 10 feet.

e.

Minimum rear yard: 20 feet.

f.

Maximum building height: 35 feet.

2.

Garden home:

a.

Minimum lot area: 4,500 sf. ^**

b.

Minimum lot width: 45 feet.

c.

Minimum front yard: 20 feet.

d.

Minimum side yard: 10 feet. ^*

e.

Minimum rear yard: 15 feet.

f.

Minimum building height: 35 feet.

* To permit zero lot-line development, the setback line for one side yard may be reduced to zero, provided an easement of maintenance of five feet is reserved on the adjoining lot and buildings are separated by a distance of at least 20 feet.

3.

Townhouse:

a.

Minimum lot area (interior unit): 2,000 sf. ^**

b.

Minimum lot area (end unit): 3,500 sf. ^**

c.

Minimum lot width (interior unit): 18 feet.

d.

Minimum lot width (end unit): 35 feet.

e.

Minimum front yard: 20 feet.

f.

Minimum side yard (end unit): 15 feet.

g.

Minimum rear yard: 15 feet.

h.

Maximum building height: 35 feet.

** sf = square feet

C.

Common open spaces in the subdivision shall comprise of at least 20 percent of the total site area; and, these shall not be less than 10,000 contiguous square feet. At least 50 percent of the required open spaces shall be developed for recreational purposes.

D.

The yard requirements shall apply to the outside perimeter of the development. The perimeter yards shall be maintained as common open space or common driveways or parking areas.

E.

All utilities shall be place underground.

F.

All buildings shall conform to the requirements established in this section and the supplemental regulations established elsewhere in this ordinance.

G.

The following example describes the formula which shall be used to calculate the maximum number of dwellings and the minimum required open space and recreational spaces:

Step 1: Determine dwelling type:

Step 2: Calculate site area of tract:

Step 3: Calculate maximum number of dwellings:

Step 4: Calculate minimum required open space:

Step 5: Calculate minimum required recreation space:

10.05.

Buffer requirements. As described in the buffer matrix and any buffer determined during the site plan review process described in article III, subsection 2.02 and article VI, § 1.00.

10.06.

Planned residential development guidelines: Ordinance # M03-05-19.

Sidewalks shall be constructed in compliance with the provisions of section 5.08 of the subdivision regulations of the City of Moody, Alabama.

All utilities shall be placed underground in compliance with the requirements of the applicable utility provider.

11.01.

Intent. Planned unit development is a method which permits one or more uses to be developed on a tract of land, taking into consideration the compatibility of specific uses with the surrounding uses in accordance with an approved master development plan, the intent of which is to:

A.

Promote community development through planned associations of uses developed as integral land use units, such as residential developments of multiple or mixed housing, including detached single-family dwellings, attached family dwellings, multi-family dwellings, office or industrial parks or complexes, commercial uses, service centers, or any appropriate combination of uses which may be planned, developed or operated as integral land use units;

B.

Permit higher densities of land development in conjunction with provisions for functional open space and community services;

C.

Combine and coordinate uses, building forms, building relationships, and architectural styles within the PUD;

D.

Promote the preservation and enhancement of existing natural landscape features, their scenic qualities, ecological values, and amenities to the greatest extent possible, and utilize such features in a harmonious fashion; and

E.

Except a development from the conventional zoning regulations and provide for modified regulations regarding setbacks, minimum yard size, minimum greenbelts, buffers and screens, off-street parking regulations, minimum floor areas, and other regulations to achieve the intent described herein.

11.02.

Definitions. If any terms defined in this section shall contradict or conflict with any terms defined in any other section of this ordinance, the definitions contained within this section shall apply.

Common open space. Any greenbelt, park, lake river, or recreational development or area which is owned in common or private, devoid of any buildings and other physical structures, except where accessory to the provision of recreation opportunities, and which is developed, located and/or maintained to provide relatively permanent recreation opportunity either in the passive sense, such as the viewing of pleasant vistas or gardens, undisturbed natural area(s) or wildlife habitat, etc., which may include walking trails, or in the active sense, such as the participation in athletic endeavors, playground activities, swim and/or tennis complexes, etc., to the general public or may be restricted to use for a home owner or business association membership or segment thereof. Common open space dedicated in fee to the city or other governmental agency to be responsible for the operations and maintenance, shall not be for the exclusive use of the development.

Density, commercial/industrial. The maximum area to be occupied by structures and the maximum area to be occupied by parking lots or other impervious area expressed as percentages of the total commercial/industrial area to be developed.

Density, residential. The maximum number of dwelling units per acre by specific type such as single-family, garden homes, townhomes, multi-family, etc., as well as a total number of units anticipated for the entire development stated in number of units per gross acre.

Dwelling, attached family. A building so designed and arranged to provide separate sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy of more than one family whereby the individual living units are built for sale, in fee simple, and not for lease and including duplexes, cluster and townhomes.

Dwelling, detached single-family. A detached building so designed and arranged to provide sleeping, cooking and kitchen accommodations and toilet facilities for occupancy by one family only.

Dwelling, multi-family. Structures designed or used for residential occupancy by more than one family, with or without common kitchen facilities or dining facilities, and which is leased in part or whole, including apartment houses, condominiums, rooming houses, boarding houses, fraternity, sorority, dormitories, or similar housing types, but not including hotels, motels, hospitals or nursing homes.

Gross site area. The total land area to be classified as the planned unit development.

Interim uses. An interim use shall be any temporary use of land in any area of a PUD which has been approved as part of the PUD development plan and criteria. An interim use can be any use and may or may not be a principal permitted use or a special exception use of the land district in which it is located.

Land use district. Delineation of land area intended for a specific use, including residential development of various types, commercial development, industrial development, etc.

Planned unit development. A development project comprehensively planned as a single entity via a unified site plan which permits flexibility in sitting and development design, mixture of housing types and land uses, usable open spaces and the preservation of natural features.

Ordinance M03-05-19.

Planned unit development guidelines.

Sidewalks shall be constructed in the sections designated for residential use in the planned residential development district unless otherwise waived, whether in whole or in part, by the planning commission. Construction of sidewalks shall be in compliance with and in accordance to the provisions of section 5.08 of the subdivision regulations. In considering whether to require or waive the construction of sidewalks, the planning commissions shall consider the nature of the development, the topography, the proposed layout of the streets, the different types of residential uses proposed in the development, and other relevant factors.

All utilities shall be placed underground in compliance with the requirements of the applicable utility provider.

Plat. Any drawing or drawings and related written material indicating the proposed manner or layout of a road, parcel and/or subdivision to be submitted to the City of Moody for approvals and/or recording purposes.

11.03.

Application and requirements for PUD.

A.

Pre-application conference. Before filing any application for a planned unit development, the prospective applicant shall submit basic site information and preliminary development plans and sketches for consideration and comments as to the relation to the proposal to general development objectives in the area, city policies and practices, etc. In order to allow adequate review time, these materials must be submitted to the office of the city clerk at least ten days prior to the date set for the pre-application conference. The pre-application conference shall include the applicant, the applicant's engineers and experts, the city engineer, the building inspector, and such other persons as the city shall designate.

B.

Submission of application. After the pre-application conference, the owner (or his duly appointed representative) of a tract of land shall submit a formal application to the city clerk at least 21 days prior to a regularly scheduled planning and zoning commission meeting. An application-processing fee is required at the time of filing.

C.

Area/density requirements. Any tract of land proposed to be zoned PUD shall contain a minimum of 120 acres, except when the master development plan of an existing approved PUD is amended by the original applicant, successor or assign, to include additional area as provided in section 1.7 B. of this article. Density of the development shall be negotiated, not to exceed 3.5 units per acre.

D.

Contents of PUD application. The application submitted in accordance with this section 1.3 shall contain the following:

1.

Name and address of the applicant.

a.

[If] corporation, principal officers and members of the board of directors;

b.

If partnership, general and managing partners;

c.

Any material change to the above shall be submitted within 60 days.

2.

Current zoning(s) of the property under consideration.

3.

Names and addresses of all owners of the property.

a.

If corporation, principal officers and members of the board of directors;

b.

If partnership, general and managing partners;

c.

Any material change to the above shall be submitted within 60 days.

4.

A master development plan of the PUD and any maps necessary to show the following minimum information:

a.

The direction of north, exact location of the site in relation to the vicinity in which it is located, appropriate scale and topography, in not greater than five feet contour intervals, waterways, floodplains and forest cover.

b.

The location of the various land used by PUD land use districts, as listed in this article.

c.

Location of any existing streets and proposed public streets and thoroughfares, greenbelts, natural or manmade open spaces, schools, parks and community service areas within and adjacent to the project area.

d.

Location of environmentally sensitive areas, such as wetlands, steep slopes or mined areas.

5.

A list of owners of all property situated in whole or in part within 500 feet of the property under consideration for the PUD to include the owner's name, mailing address and tax parcel identification number.

6.

The planning criteria for the PUD. The planning criteria shall include the following written statements and other matters:

a.

The proposed name of the development.

b.

A legal description of the total site proposed for the PUD.

c.

A description of the surrounding area, including current zoning and/or land uses.

d.

A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. The statement should include a description of the character of the proposed development and the rationale behind the assumptions and projections made by the applicant in relation to the overall community growth.

e.

If the development is to be staged, a development schedule indicating how the staging is to proceed, and an estimated date when construction of the PUD will begin.

f.

Delineation of the various land use districts within the PUD, indicating for each area its size and composition in terms of total number of acres. In residential use districts, the total number of dwelling units and approximate percentage allocation by dwelling unit type, such as townhomes, garden homes, single-family, condominiums or duplexes.

g.

A calculation of the residential density in dwelling units per gross acre, including interior roadways, a calculation of the residential density showing maximum density in units per acre, excluding nonresidential zone classification, and a calculation of the net residential density, excluding open space.

h.

Development criteria which shall include setbacks or other location methods, minimum finished floor areas, sign criteria, loading areas, and off-street parking requirements for each land use district proposed, and/or any other development criteria which the owner/developer may propose.

i.

Description and use of the common open space.

j.

Proposed principal ties to the surrounding area with respect to transportation, water supply, utilities, sewage disposal, and storm drainage.

k.

Statement as to how common open space is to be owned, used and maintained.

l.

Protective and/or restrictive covenants, homeowner or business associations and architectural review committees and their function.

m.

A description of any planned street/subdivision signs, including street, traffic and informational signs.

n.

Any planned interim uses.

o.

A traffic study.

p.

A watershed drainage study.

q.

A copy of any best management practices (BMP) application or certificate.

r.

Other studies as may be deemed necessary by the city engineer to determine development suitability to the particular site.

s.

Landscaping criteria.

t.

An education impact study.

F.

Common open space requirements.

a.

No less than ten percent of the development's gross site area shall be maintained in permanent common open space. Common open space will be left in its natural state, except that recreational trails and facilities may be constructed. Common open space may include environmentally sensitive areas such as slopes in excess of 25 percent and 100-year flood plains or manmade bodies of water, buffers between uses, and active and passive recreational uses.

b.

Common space must be legally and practicably accessible to the residents and/or users of the development out of which the required common open space is taken.

c.

No designated common open space area may be subdivided in the future, nor may it be used for any purpose other than those permitted by definition. No rearrangement or alteration to any approved common open space that would result in a reduction of the original amount of open space, not in its proportion to the overall development, shall be permitted.

d.

Maintenance provisions shall be made for the upkeep of all common open space areas not left in a natural state.

11.04.

Review procedures.

A.

The application shall be reviewed and zoning approval considered in compliance with the requirements of article III, section 7.00 et seq. - amendments to the zoning ordinance or the zoning map, and section 8.00 et seq. - city council action on amendments, of this ordinance.

B.

Approval of the PUD zoning application by the city council shall be an approval of the master development plan and the planning criteria of the application (the "plan"). The developer of the PUD may proceed with the development of the property contingent upon subdivision approval by the planning and zoning board and compliance with any permit and/or license requirements, and no further zoning approvals shall be required when developed in accordance with the approved PUD plan. Said approval shall be binding and enforceable upon the developer, his successors, or assigns.

11.05.

PUD land use districts. The following PUD land use districts shall apply to all or part of a PUD:

A.

Planned single-family (PR-1).

1.

Intent. To provide a district for the development of single-family residence and to coordinate with appropriate community services, in compliance with the approved PUD plan.

2.

Permitted principal uses.

1.

Detached single-family dwellings.

2.

Garden homes.

3.

Open spaces.

4.

Accessory structures.

3.

Special exception uses.

5[1].

Art gallery.

6[2].

Church.

7[3].

Community buildings.

8[4].

Day care centers.

9[5].

Home occupations, as may be approved by the board of zoning adjustment.

10[6].

Library.

11[7].

Museum.

12[8].

Public elementary or high school, or parochial or private school having a curriculum compatible to a public school, but not providing residential accommodations.

13[9].

Residential information offices.

14[10].

Recreational facilities operated on a nonprofit basis; golf courses; swimming pools; tennis courts; parks, including playgrounds, ball fields and picnic areas.

4.

Minimum front setback shall be 20 feet.

5.

Minimum building separation side to side shall be ten feet as measured from the furthermost building projection.

6.

Minimum building separation back to back shall be 30 feet as measured from the furthermost building projection.

7.

Maximum building height. Buildings in the PR-1 district shall not exceed three stories in height and shall conform to the International Building Code, the International Fire Code and the International Fire Prevention Code, as adopted and amended by the City of Moody.

B.

Planned attached family (PR-2).

1.

Intent. To provide for the development of attached family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

2.

Permitted principal uses:

•

Cluster homes.

•

Duplexes.

•

Townhomes.

•

Accessory structures.

3.

Special exception uses. Those special exception uses allowed in PR-1.

•

Assisted living facilities.

•

Nursing homes.

C.

Planned multi-family (PR-3).

1.

Intent. To provide for the development of multi-family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

2.

Permitted principal uses:

15[1.].

Apartments.

16[2].

Condominiums.

17[3].

Customary accessory structures.

3.

Special exception uses. Those special exception uses allowed in the PR-2 district.

4.

Minimum front setback shall be 20 feet.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 500 feet from a residential district boundary, said building shall not exceed six stories in height, unless approved as a special exception use. All buildings shall conform to the International Building Code, the International Fire Code and the International Fire Prevention Code; as adopted and amended by the City of Moody.

D.

Planned office (PO).

1.

Intent. To provide for the development of area for coordinated employment activity, services and compatible residential uses, which do not materially detract from nearby residential areas, in compliance with the approved PUD plan.

2.

Permitted principal uses:

•

Banks and other lending or financial institutions.

•

Offices used exclusively for office purposes, wherein retail or wholesale trade or business is not conducted or wherein no merchandise or products are manufactured, stored, handled, conveyed, sold or otherwise disposed of.

•

Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals.

•

Public buildings.

•

Related support business, such as, but not limited to, restaurants, drug stores, barber shops, beauty parlors, and like uses, provided that such related support uses are physically located inside the structures devoted to the permitted principal uses set forth above.

3.

Special exception uses. Those special exception uses allowed by PR-2 combinations of residential and commercial uses within a single building, but only after the commercial use is established.

4.

Minimum front setback is 20 feet.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 500 feet from a residential district boundary, said building shall not exceed six stories in height, unless approved as a special exception use. All buildings shall conform to the International Building Code, the International Fire Code and the International Fire Prevention Code, as adopted and amended by the City of Moody.

E.

Planned commercial (PC).

1.

Intent. To provide for the development of retail business districts and other compatible uses, incompliance with the approved PUD plan.

2.

Permitted principal uses. Those permitted principal uses allowed by PC, plus the following:

•

Art supply and/or frame shop.

•

Assisted living care facility.

•

Audio video stores.

•

Auto parts stores.

•

Bakery (minor) which bakes goods for on-premises retail sale only.

•

Barber or beauty shop.

•

Bicycle shop (including repairs.)

•

Building material sales—no outside storage yard.

•

Business and domestic equipment rental and sales.

•

Car wash.

•

Card/gift shop.

•

Convenience stores.

•

Cosmetic studio.

•

Craft or hobby shop.

•

Dance studio.

•

Day care centers.

•

Department stores.

•

Drug stores.

•

Dry cleaning and coin-operated laundromats.

•

Duplication or copying service.

•

Factory outlet stores.

•

Florist shop.

•

Furniture stores.

•

Gasoline service establishments.

•

Grocery stores.

•

Hardware stores (no outside storage.)

•

Health food stores.

•

Hospitals.

•

Indoor sports facilities, such as bowling, health club or spa, racquet club, skating rink, etc.

•

Interior decorating stores.

•

Jewelry stores.

•

Motels or hotels.

•

Motion picture theaters.

•

Nursing homes.

•

Outdoor amusements and recreation facilities such as carpet golf, par-3 golf, go-carts, batting cages, bumper boats and water slides.

•

Photographic studio.

•

Radio and TV stations (no antennas).

•

Restaurants.

•

Retail establishments, including, but not limited to, neighborhood service facilities, schools, shopping centers.

•

Sales showroom for appliances; furniture; carpeting; lighting fixtures; medical and office equipment.

•

Shoe repair.

•

Sporting goods store.

•

Tanning salon.

•

Toy store.

•

Veterinary clinics (no outside kennels).

3.

Special exception uses. Those principal and special exception uses allowed by PO other commercial, recreation and amusement facilities.

4.

Minimum front setback is 20 feet.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stores in height. When a building is more than 500 feet from a residential district boundary, said building shall not exceed six stories in height, unless approved as a special exception use. All buildings shall confirm to the International Building Code, the International Fire Code and the International Fire Prevention Code, as adopted and amended by the City of Moody.

[F.]

Planned business (PB).

1.

Intent. To provide for the establishment of areas compatible with office commercial and light industrial uses which are performed inside [the] building with limited outside storage or operations that may be adjacent to retail districts, in compliance with the approval PUD plan.

[2.]

Permitted principal uses:

•

Bulk distribution facilities.

•

Janitorial and maintenance service.

•

Light industrial, fabrication, processing, assembling and manufacturing uses.

•

Office/warehouse.

•

Plumbing, heating and cooling, electrical and other supply and service facilities.

•

Research laboratories.

•

Warehouses (including mini-warehouses and self-storage facilities).

•

Wood working shops.

3.

Special exception uses.

18[A.].

Those commercial and institutional [uses] which are supportive of industrial employment centers.

4.

Minimum front setback is 20 feet.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stores in height. When a building is more than 500 feet from a residential district boundary, said building shall not exceed six stories in height, unless approved as a special exception use. All buildings shall conform with the International Building Code, the International Fire Code and the International Fire Prevention Code, as adopted and amended by the City of Moody.

G.

Signs and off-street parking and loading requirements. The development criteria submitted with the application for PUD will set forth sign, off-street parking and loading requirements. If the application does not contain such information, then the standard provisions and regulations of this ordinance or any other city ordinances shall apply.

11.06.

Building permit.

A.

General. The developer of the PUD shall proceed with the development of the property in accordance with the plan and in accordance with subdivision approval, and no further approvals shall be required except as set forth herein. Plans for the construction of improvements on any particular parcel within the PUD shall be submitted, and a building permit shall be disapproved according to the procedure set forth herein and in compliance with applicable building codes.

B.

Issuance of building permits for principal permitted uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, the building official shall first determine that the intended use of the improvements is a "principal permitted use" within the applicable land use district of the PUD. A building permit may then be issued in accordance with the provisions of this zoning ordinance and in compliance with applicable building codes.

C.

Issuance of building permits for special exception use. Upon application for a building permit for the construction of improvements on any parcel within the PUD, the building official shall first determine that the intended use of the improvements is a "special exception use" within the applicable land use district of the PUD. The building official shall refer said applicant and application to the board of zoning adjustment. Request for special exception uses are permitted only after review and approval by the board of zoning adjustment as specified in this ordinance, and in compliance with applicable building codes.

11.07.

Amendment of the plan.

A.

Intent. It is the intent of this section to provide for the development of the property submitted for the PUD, and to allow minor changes in the plan without any additional approvals. Accordingly, additional approvals shall be required for major changes as defined in section 11.07B of this article.

B.

Major change. A "major change" in the plan shall be defined as any change in the boundaries of any land use district reflected on the master development plan, and any change in the planning criteria submitted with the master development plan. No segment, tract, lot or parcel of land within the approved PUD shall be processed for a change of land use district to another PUD land use district or to conventional zoning districts unless the total PUD is submitted along with rezoning request. The developer of the PUD shall request a major change in the plan by filing an application for change, which shall be reviewed in accordance with the provisions of section 11.04 of this article.

C.

Minor change. Any changes to the plan other than those listed as "major changes" shall be considered "minor changes".

D.

Plat approval. Plat approval shall be obtained through the standard plat approval procedures of the City of Moody.

11.08.

The limit for development of plan. If no construction has begun within one year from the estimated and approved startup date of the PUD, as contained within the original approved PUD plan application, the planning and zoning board shall review the plan to ensure that conditions in the area have not changed to an extent as to render previously submitted utility, drainage, traffic and/or other studies are outdated. Development shall commence each year on ten percent of the total PUD or on 50 acres (whichever) is less), and said construction should continue and be completed within a reasonable time. If development is halted after commencement of construction, or if a change in ownership occurs after commencement of construction, said PUD approval shall remain in full force and effect, and no modification or amendment to the approved plan shall be permitted except as outline in section 11.07, Amendment of the plan.

11.09.

Effect of changes to zoning ordinance. No amendment or modification of this zoning ordinance shall be effective as to any PUD approval issued prior to such amendment or modification, it being intended that the PUD shall continue to be developed in accordance with the zoning ordinance in effect at the time of such prior approval.

12.01.

Intent. To provide areas for manufactured/mobile home park developments, free from other uses, which are incompatible with the character and intent of this district.

12.02.

Uses permitted.

A.

Residential uses.

1.

Home occupation, home instruction and day care homes, all subject to established park policy concerning such uses.

2.

Manufactured (mobile) home parks.

3.

Residential accessory structures and buildings, subject to park policy.

B.

Institutional uses.

1.

Management offices.

2.

Recreational facilities designed to serve the residents of the parks and their guests.

C.

Commercial uses.

1.

Retail convenience sales for residents of the park and their guests.

2.

Service facilities, such as laundromat, household storage buildings, refuse collection areas, and similar common service facilities designed and intended to serve only the residents of the park and their guests.

12.03.

Site standards. A site plan shall be submitted for each manufactured/mobile home park, and:

A.

The minimum site area shall be 20 contiguous acres, with access to a public street and fronts upon a dedicated street of not less than 50 feet.

B.

The minimum lot size shall be 5,000 square feet with a minimum width of 45 feet at the front lot line.

C.

All lots shall be set back a minimum of 35 feet from any park boundary line and ten feet from any other lot line.

D.

Minimum yard setbacks:

* Road not dedicated—50 feet from the centerline.

E.

No manufactured/mobile home may be located closer than 20 feet from another, on an adjacent lot.

F.

The maximum number of homes permitted per gross tract acre shall be six. If not served by public water and sewer, a lower density may be required by the St. Clair County health department.

G.

All the street lighting requirements shall conform to the recommendations of the Alabama Power Company.

H.

All requirements for fire hydrants shall be recommended and provided by the City of Moody fire department and the city engineer.

I.

All manufactured (mobile) home park developments shall be provided with open/recreational space(s) measuring a minimum area of 100 square feet per manufactured/mobile home. Such spaces shall be preferably consolidated into usable recreational areas.

J.

Garage or yard sales may be permitted, subject to manufactured/mobile home park policy. If no policy exists, then such shall be preferably consolidated into usable recreational areas.

12.04.

Installation. All manufactured/mobile homes shall be installed according to all the requirements of the Standard Building Code, 1994, appendix H, or as same may be amended; and, these shall be completely skirted, with a weather resistant material, within 30 days from the date the home is moved into the park. Such weather resistant material(s), as chosen by the owner or contractor, should be painted or coated with some kind of outdoor water resistant paint or primer. The choice of color should be one, or more, that blend(s) with the color(s) or the color scheme of the manufactured (mobile) home. Any loud or severely contrasting color should be avoided to eliminate the possibility of creating an eye sore. The earth tones and neutral colors eliminate the possibility of creating an eye sore. The earth tones and neutral colors are often good choices that lend harmony. All skirting shall be adequately vented.

12.05.

Storage facilities, accessory uses and structures. A maximum of 100 square feet of storage area shall be provided for each space. Alternatively, park management may provide common storage lockers at an equivalent capacity. The permitted accessory structures permitted on the lots of single-family residences, except for private below-ground swimming pools and satellite dish antennas. Any accessory use shall not [be] permitted closer than five feet from the rear and side boundaries of each space. Carports may be permitted in the front yard but shall not be permitted within five feet of the front building line. Carports shall not be permitted within five feet of the rear and side boundaries of each space and 25 [feet] from the front lot lines; and in the case of a corner lot, 25 feet from the lot lines adjacent to a street.

12.06.

Off street parking and streets. Two-way, private, paved streets (maintained by the park management) shall be constructed to provide access to all manufactured/mobile home spaces, within the park. These streets shall be in conformance with the street standards of the City of Moody. No manufactured/mobile home shall have its own access to a public street. All dead-end streets shall have turnarounds in conformance with the city's street standards. Each manufactured/mobile home shall have two paved, off-street parking spaces. The location of all driveways shall be shown on the required site plan and approved by the City of Moody planning commission.

12.07.

Service facilities. Common recreational facilities and laundromats shall be provided for the use of the residents and their guests only. All garbage/refuse collection facilities, with demarcated collection points, shall be the responsibility of the park management.

12.08.

Buffer requirements. The proposed development shall be designed based on a layout plan with architectural elements and appropriate landscaping. An adequate buffer, as described in the buffer matrix, landscaped and up-kept by the park management, shall be maintained around the entire park. This buffer strip shall have no buildings or structures of any kind, erected or maintained on it. (Refer to article III, subsection 2.02, article VI, subsection 1.00 and article VII, Supplemental regulations, § 13.00 through 13.03.)

12.09.

Signs. All signs shall conform with the provisions of article X, § 2.00.

12.10.

Landscaping. All the yards shall be permanently landscaped and maintained with ground cover, trees and shrubs.

12.11.

Patios. Each manufactured/mobile home should be provided with a deck or patio of at least 200 square feet.

12.12.

Fences. Fences shall be in accordance with the provisions of article VII, § 4.00.

13.01.

Intent. To develop manufactured (mobile) home subdivisions, free from other uses which are incompatible with the character and intent of this district.

13.02.

Uses permitted.

A.

Residential uses.

1.

Customary accessory buildings and structures permitted in other detached single-family residential districts subject to the same requirements.

2.

Detached single-family occupied manufactured (mobile) homes located on individually owned lots.

3.

Noncommercial green houses and gardens.

B.

Commercial uses.

1.

Home occupation, subject to article VIII, § 9.00.

C.

Temporary uses.

1.

Garage or yard sales, subject to article VIII, § 9.00.

13.03.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required.

* Road not dedicated - 60 feet from the centerline.

Corner lots: Setbacks shall be the same on both streets or roads.

13.04.

Manufactured (mobile) home standards.

A.

The minimum floor area shall be 500 square feet.

B.

Two off-street parking spaces shall be provided for each home. All streets and parking spaces shall conform with the standards established in the City of Moody subdivision regulations.

C.

All homes shall be installed according to all requirements of the Standard Building Code, appendix H, or as same may be amended. These shall be adequately vented and completely skirted, with weather resistant material, within 30 days from the date the home is moved on a lot.

13.05.

Procedure for plat approval. The layout plans for all manufactured (mobile) home subdivisions shall reflect the seal of an Alabama registered professional engineer or land surveyor and submitted to the City of Moody planning commission for review and approval of construction. This site plan shall include the following:

A.

Area and dimensions of the overall site.

B.

Number of lots, including the dimensions and layout of all lots.

C.

Assessment of drainage conditions by an Alabama registered professional engineer or land surveyor.

D.

Location, size and proposed layout of all utilities.

E.

Street plan, including all off-street parking.

F.

Assessment of traffic conditions, including any proposed measures needed to rectify problems where they exist.

G.

Location and type of all street lighting.

H.

Location of all fire hydrants.

13.06.

Additional regulations.

A.

All manufactured (mobile) homes shall be individually owned.

B.

The subdivision shall be in full compliance with all the applicable provisions of the Moody subdivision regulations.

C.

All access points shall be controlled through the review of site plans submitted to the City of Moody planning commission on each manufactured (mobile) home subdivision plat.

D.

The subdivision shall be served by water, sanitary sewer and adequate drainage facilities; and, such plans shall be submitted to the city building inspector, the city engineer and the planning commission for review.

E.

The need for buffers shall be determined during the site plan review process and the type and width of buffers shall be determined on an individual basis by the planning commission.

13.07.

Buffer requirements. As described in the buffer matrix.

14.01.

Intent. To provide areas suitable for office and professional buildings, along with selected commercial and institutional uses which are deemed to be compatible with the professional office environment.

14.02.

Uses permitted. The following uses shall be permitted in O-1 office building district. Similar uses to those listed below may also be permitted subject to article III, administration and review procedures, subsection 2.11, interpretation of uses and subsection 2.12, unclassified uses.

A.

Commercial uses.

1.

Banks or financial institutions.

2.

Business or professional offices. ^*

3.

Business support services.

4.

Commercial parking.

5.

Commercial schools.

6.

Personal services.

*Office buildings exceeding 2,500 square feet of floor area may use up to ten percent of such space for commercial and personal service oriented.

[B.]

Institutional uses.

7.

Public utility services.

14.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and to appropriate permits being issued by the city. See article VIII, special exception uses, § 1.00 and subsection 1.01.

E.

Commercial uses.

1.

Broadcast studios.

2.

Clinics.

3.

Day care centers.

4.

Funeral homes.

5.

Nursing care facilities, subject to article VIII, § 7.00.

6.

Restaurants, fast food, see article VIII, § 5.00.

7.

Restaurants, standard.

8.

Studios.

F.

Institutional uses.

1.

Public buildings; subject to subsection 2.05 of the E-1 district.

2.

Public utility facilities.

3.

Places of worship.

4.

Parks.

5.

Schools.

14.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required.

Corner lots: Setbacks shall be the same on both streets, roads or highways.

* Rear yard may be reduced to 15 feet if the adjoining property is zoned commercial or light industrial.

** If the adjoining property is zoned commercial or light industrial, interior side yard setbacks, may be reduced to zero feet, provided that all portions of the side of the structure are enclosed with a fireproof wall of four-hour fire construction, without any openings on such wall. If the structure is not built to the side lot line, a minimum setback of at least ten feet shall be maintained

14.05.

Buffer requirements. As described in the buffer matrix.

14.06.

Additional regulations (when applicable). As described in § 1.00, subsection 1.03.

15.01.

Intent. To provide areas suitable for selected retail, service and institutional uses which are convenient to and compatible with nearby residential areas they are to serve.

15.02.

Uses permitted. The following uses shall be permitted in B-1 neighborhood business district. Similar uses to those listed below may also be permitted subject to article III, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

[A.]

Commercial uses.

1.

Banks or financial institutions.

2.

Business or professional offices.

3.

Business support services.

4.

Clinics (less than 1,000 square feet in floor area).

5.

General retail, enclosed (less than 600 square feet in floor area).

6.

Medical support services (less than 1,000 square feet in floor area).

7.

Personal services (less than 1,000 square feet in floor area).

8.

Restaurants, standard (serving less than 40 seated customers).

9.

Schools, commercial (less than 1,000 square feet in floor area).

[B.]

Institutional uses.

1.

Public utility services.

[C.]

Residential uses.

1.

Any use permitted in the R-1 single-family residential district.

15.03.

Special exception uses. The following uses may be permitted subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsections 1.01.

A.

Commercial uses.

1.

Entertainment, indoor (less than 1,000 square feet in floor).

B.

Institutional uses.

1.

Park.

2.

Places of worship (less than 1,000 square feet in floor area).

3.

Public buildings, subject to subsection 2.05 of the E-1 district (less than 1,000 square feet in floor area).

4.

Public utility facilities.

5.

Schools (less than 1,000 square feet in floor area).

15.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required.

Corner lots: Setbacks shall be the same on both streets, roads or highways.

* Rear yard may be reduced to 15 feet if the adjoining property is zoned commercial or light industrial.

** If the adjoining property is zoned commercial or light industrial, the adjoining side yard setbacks may be reduced to zero feet, provided that all portions of the side of the structure are enclosed with a fireproof wall of four-hour fire construction without any openings on such wall. If the structure is not built to the side lot line, a minimum setback of 15 feet shall be maintained.

15.05.

Buffer requirements. As described in the buffer matrix.

15.06.

Additional regulations (when applicable). See section 1.02A of this article; and:

A.

Each primary establishment located in the B-1 neighborhood business district shall have a service yard (or yards) adequate for handling waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, and be located on the rear or side of the primary structure.

B.

No exterior lighting fixture, including lighting for parking area, walkways, general illumination or any other purposes [except signs] shall exceed 25 feet in height measured from the ground and be constructed in such a manner to direct the beam of light away from any adjacent areas.

16.01.

Intent. To establish and preserve a retail business district convenient to the public which is suitable for a wide range of retail and service uses usually found along major streets and thoroughfares and downtown areas.

16.02.

Uses permitted (amended M2015-07-13). The following uses shall be permitted in the B-2 General Business District. Similar uses to those listed below may also be permitted subject to Article III, Administration and Review Procedures, subsection 2.11, Interpretation of Uses and subsection 2.12, Unclassified Uses.

[A.]

Commercial uses. All permitted Commercial Uses in the B-1 District and:

1.

Bakeries/confectioners, minor.

2.

Car washes (three bays or less).

3.

Clinics.

4.

Commercial schools.

5.

Convenience stores.

6.

Day care centers.

7.

Entertainment, indoor.

8.

Garden centers or nurseries.

9.

General retail, enclosed.

10.

Grocery stores/supermarkets.

11.

Home improvement centers.

12.

Medical support services.

13.

Personal services.

14.

Printing establishment, minor.

15.

Restaurants.

16.

Studios.

17.

Vehicle repairs, minor (ten vehicles or less at a time).

18.

Vehicle sales or rental.

[B.]

Institutional uses. All permitted institutional uses in the B-1 district.

[C.]

Residential uses. All permitted residential uses in the B-1 district.

16.03.

Special exception uses. The following uses may be permitted subject to the approval of the zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, subsection 1.01.

A.

Commercial uses. All permitted special exception commercial uses in B-1 District and:

1.

Animal hospitals, no outside kennels or runs shall be permitted.

2.

Car washes (no more than three bays).

3.

Funeral homes.

4.

Gasoline service stations, subject to article VIII, § 4.00.

5.

General retail, unenclosed.

6.

Hotels or motels, including restaurant and/or liquor lounge as incidental uses.

7.

Liquor lounge, free standing.

8.

Restaurants, fast food, subject to article VIII, § 7.00.

9.

Shopping center, subject to article VIII, § 3.00.

10.

Repair garages, see article IV.

11.

Vehicle repairs, major.

12.

Vehicle sales or rentals.

B.

Institutional uses.

1.

Community centers or civic centers.

2.

Hospitals.

3.

Places of worship.

4.

Public buildings, subject to subsection 2.05 of the E-1 district.

5.

Schools (less than 1,000 square feet in floor area).

16.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall apply:

Corner lots: Setbacks shall be the same on both streets, roads or highways.

* Rear yard may be reduced to 15 feet if the adjoining property is zoned commercial or light industrial.

** If the adjoining property is zoned commercial or light industrial, the adjoining side yard setbacks may be reduced to zero feet, provided that all portions of the side of the structure are enclosed with a fireproof wall of four-hour fire construction without any openings on such wall. If the structure is not built to the side lot line, a minimum setback of 15 feet shall be maintained.

16.05.

Buffer requirements. As described in the buffer matrix.

16.06.

Additional regulations (when applicable). See section 1.02, A of this article; and:

A.

Each primary establishment located in the B-2 general business district shall have a service yard (or yards) adequate for handling waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, and be located on the rear or side of the primary structure.

B.

No exterior lighting fixture, including lighting for parking area, walkways, general illumination or any other purposes [except signs} shall exceed 25 feet in height, measured from the ground to the highest point of the sign. All light fixtures shall direct light away from adjacent areas.

17.01.

Intent. This district shall contain a wide range of commercial establishments, lodging accommodations, vehicle sales/service, amusement/recreation uses and selected office/institutional uses on sites with a high visibility to the traveling public.

17.02.

Uses permitted. The following uses shall be permitted in B-3 tourist commercial district. Similar uses to those listed below may also be permitted subject to article III, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

[A.]

Commercial uses. All permitted uses in B-2 district, and:

1.

Bakeries/confectioners, major.

2.

Gasoline service stations, subject to the criteria cited in article VIII, § 4.00.

3.

Offices or professional buildings vehicle repairs.

4.

Gasoline service stations, subject to the criteria cited in article VIII, § 4.00.

6.

General retail, enclosed.

7.

Personal services.

8.

Restaurants standard restaurants, fast food, subject to provisions of article VIII, § 5.00.

9.

Supermarkets.

10.

Vehicle sales or rental.

B.

Institutional uses. All permitted institutional uses in the B-2 district.

C.

Residential uses. All permitted residential uses in the B-2 district.

17.03.

Special exception uses (amended M2019-04-08). The following uses may be permitted subject to the approval of the zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, § 1.00 and subsection 1.01.

A.

Commercial uses. All permitted special exception commercial uses in B-2 district, and:

1.

Campgrounds.

2.

Manufactured (mobile) home sales.

3.

Recreation facilities.

4.

Truck stops.

5.

Vehicle and equipment sales, major.

B.

Institutional uses. All special exception institutional uses in B-2 District.

17.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall apply:

Corner lots: Setbacks shall be the same on both streets, roads or highways.

17.05.

Buffer requirements. As described in the buffer matrix.

17.06.

Additional regulations (when applicable). See section 1.02A of this article; and:

A.

Each primary establishment located in the B-3 Tourist Commercial District shall have a service yard (or yards) adequate for handling waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, and be located on the rear or side of the primary structure.

B.

No exterior lighting fixture, including lighting for parking area, walkways, general illumination or any other purposes [except signs} shall exceed 25 feet in height, measured from the ground to the highest point of the sign. All light fixtures shall direct light away from adjacent areas.

17.51.

Intent. To establish and preserve a warehousing, wholesaling and distribution district that will allow for the storage of materials intended for resale and distribution within a permanent, fully enclosed building; that will allow for minor assembly, packaging or repackaging; and that will be conducted in a manner that is compatible with other commercial uses.

17.52.

Uses permitted (amended M2019-04-08). The following uses shall be permitted in B-4 Warehousing, Wholesaling and Distribution District. Similar uses to those listed below may also be permitted subject to Article IV, Administration and Review Procedures, subsection 2.11, Interpretation of Uses and subsection 2.12, Unclassified Uses.

A.

Commercial uses.

1.

Mini-warehouses, subject to Article VIII, § 10.00.*

2.

Warehousing, Wholesaling and Distribution Center—B-4 Zoning District, as defined in Article IV, § 5.04, subject to Article VIII, § 15.

B.

Institutional uses.

1.

All permitted institutional uses in the B-1 Neighborhood Business District, B-2 General Business District, and B-3 Tourist Commercial District.

C.

Residential uses.

1.

All permitted residential uses in the B-1 Neighborhood Business District, B-2 General Business District, and the B-3 Tourist Commercial District.

* The city recognizes Article VIII, § 10.00 is in the article dealing with special exception uses but nevertheless desires for any mini-warehouses constructed to comply with said regulations.

17.53.

Special exception. The following uses may be permitted subject to the approval of the zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, § 1.00 and subsection 1.01.

A.

Commercial uses.

1.

All permitted special exception commercial uses in B-1 Neighborhood Business District, B-2 General Business District, and the B-3 Tourist Commercial District.

B.

Institutional uses.

1.

All permitted special exception uses in B-1 neighborhood business district, B-2 general business district, and the B-3 tourist commercial district.

17.54.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the following area and dimensional regulations shall be required:

Corner lots: Setbacks shall be the same on both streets, roads.

17.55.

Buffer requirements. Except as may be otherwise provided for in this ordinance, the same as provided for in the buffer matrix for B-3 Tourist Commercial District.

17.56.

Additional regulations (when applicable). See section 1.02A of this article; and article VIII, § 15.00; and:

1.

Each primary establishment located in the B-4 Warehousing, Wholesaling And Distribution District shall have a service yard (or yards) adequate for handling waste and garbage and the loading and unloading of vehicles. Such service yard(s) shall be paved, have access to a public street or alley, and be located on the rear or side of the primary structure.

2.

No exterior lighting fixture, including lighting for parking area, walkways, general illumination or any other purposes [except signs} shall exceed 25 feet in height, measured from the ground to the highest point of the sign. All light fixtures shall direct light away from adjacent areas.

17.61.

Intent. The purpose of the Commercial Industrial Park District is to provide for the retailing of goods and services, the light manufacture and assembly of products, and the warehousing and distribution of such products within the controlled environment of an attractive, park-like setting. Minimum lot sizes are defined, front, side and rear yards are required, signage is restricted and landscaping and natural buffers are specified.

17.62.

Uses permitted. The following uses shall be permitted in B-5 commercial industrial park district. Similar uses to those listed below may be permitted subject to article VI, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

A.

Commercial uses.

1.

Business or professional offices.

2.

Business support services.

3.

Warehousing, wholesaling, and distribution center, as defined in article IV, section 5.04, subject to article VIII, § 15, without regard to the second sentence of subsection (A)(5) containing restrictions on the design and aesthetics of buildings and subsection (A)(2) regarding setbacks which shall be controlled by § 17.63 hereof. All storage and operations must be totally enclosed.

B.

Institutional uses.

1.

Public buildings.

2.

Public utility facilities.

3.

Recreational facilities intended primarily for use by employees and tenants of the commercial industrial park district.

4.

Industry, light as defined in article IV, section 5.05.

C.

Residential uses. None.

In addition to the uses listed above, accessory structures are permitted and uses to those permitted herein.

17.63.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the area and:

17.64.

Street access and frontage.

1.

Except as provided herein, all street access and frontage shall be provided.

2.

Each lot shall have a minimum frontage of 100 feet on a public road.

3.

Culs-de-sac shall be allowed in the commercial industrial park district.

4.

Access to lots and building sites shall be via collector or arterial streets.

17.65.

Off-street parking requirements. Except as provided for herein, all off-street parking shall be provided as set forth in article IX hereof.

1.

The minimum number of off-street parking spaces for the following types of uses shall be provided [as] follows:

One space for each 200 square feet of floor area for nonmanufacturing uses to include offices, public buildings, business support services, recreational facilities, etc.

One space for each 500 square feet of industry light area.

One space for each 1,000 square feet of warehouse and storage area and public utility facilities.

2.

Parking areas shall not be placed in any required yard. All parking areas shall be paved and properly drained. No parking shall be permitted any place other than in paved parking areas.

3.

Loading areas shall not be placed within any front yard or any required side or rear yard and shall be located and properly screened, as well as practicable, so as to not be visible from any existing or proposed street.

4.

Parking and loading areas shall be landscaped in accordance with a landscaping plan approved by the planning commission and pursuant to § 17.67 hereof.

17.66.

Height requirements. Maximum number of stories shall be three.

17.67.

Landscaping requirements.

1.

Every building site on which a building shall be placed shall be landscaped in the following manner provided in this § 17.67. All landscaping must be installed within 180 days of a certificate of occupancy being issued by the appropriate governmental authority.

2.

All yards required under this ordinance shall be landscaped and maintained. A minimum of one tree per 15 linear feet of distance for each boundary line shall be planted in the required yards.

3.

All off-street parking areas, to include drives within the parking areas greater than either 20 automobile spaces or 6,000 square feet shall have at least five percent of the interior of the parking area landscaped in planting islands or peninsulas. Width of islands or peninsulas shall be a minimum width of at least five feet between backs of curbs and at least one tree per 20 parking spaces shall be planted within the planting islands or peninsulas in addition to other landscaping mater[ials].

4.

All parking areas shall be screened from view of public streets as well as is practicable by the use of berms, fencing or buffers of plant materials.

5.

All mechanical and utility equipment, incinerators and trash containers, and accessory structures necessary for the conduct of a permitted use shall be adequately screened, as well as is practicable, by fencing or landscaping so as to not be visible from any existing or proposed street or from the ground floor of adjacent buildings.

17.68.

Underground wiring requirement. All power, communication, and other wiring hereafter installed in a commercial industrial park district shall be placed underground.

17.69.

Development procedure for tracts or parcels. In addition to the requirements found at article VIII, § 12.00, the following requirements must be met (in the event a conflict exists between the requirements in article VIII, § 12.00, the requirements in this § 17.69 shall govern):

1.

Any landowner of property lying within a commercial industrial park district desiring to dedicate any street, road, or right-of-way to the public must first submit to the architectural review board, and then to the planning commission, for approval, a plan of the proposed street, road, or right-of-way.

2.

In addition to the requirements under article III, anyone desiring to secure a building permit for the use of land lying within a commercial industrial park district must first submit to the architectural review board, and then to the planning commission, the following information, as appropriate for approval of plans:

a)

A site plan for traffic engineering analysis, showing location and design of buildings, driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas and sidewalks;

b)

A planting plan, including screen walls and fences, for analysis of adequacy of visual screening and landscape architectural design;

c)

Plans for all signs to be erected, including location and lighting of each sign.

The architectural review board shall review and approve by signature the proposed plot plan upon finding that the same complies with these requirements. If the proposed plot plan is not approved, the architectural review board shall state in writing on the proposed plot plan the cause for such disapproval. In either event, the architectural review board shall report its findings and recommendations to the planning commission. The planning commission shall either approve or disapprove such plans.

17.70.

Architectural review board The architectural review board shall be an advisory board to the planning commission and shall be comprised of at least three individuals, one of whom shall be either the mayor or a member of the city council, one of whom shall be a property owner within the B-5 zoning district, and one of whom shall be an owner of a business located within the B-5 zoning district. Other than the mayor or member of the city council, who shall be appointed by the city council, the remaining members of the architectural review board shall be designated and redesignated every two years by majority vote of the owners of the lots in the commercial industrial park district.

(Ord. No. M2007-03-12, § 1, 3-12-2007)

18.01.

Intent. This district consists of areas where limited industrial uses are permitted. The district encourages employment centers with a low degree of environmental impact. Principal industrial activities include light manufacturing, industrial services, warehousing, wholesaling and distribution services, as well as administrative and office facilities related to uses permitted and selected commercial uses consistent with the light industrial environment.

18.02.

Uses permitted. The following uses shall be permitted in the I-1 light industrial district. Similar uses to those listed below may also be permitted subject to article III, Administration and review procedures, subsection 2.11, Interpretation of uses and subsection 2.12, Unclassified uses.

A.

Industrial uses.

1.

Construction services.

2.

Industrial parks, subject to article VIII, § 12.00.

3.

Industrial, light.

4.

Maintenance services.

5.

Research facilities.

6.

Truck terminals.

7.

Vehicle and equipment sales, major.

8.

Warehousing, wholesaling and distribution, see article IV, subsection 5.05.

B.

Commercial uses.

1.

Animal hospitals.

2.

Bakeries, major.

3.

Businesses or professional offices.

4.

Business support services.

5.

Farm support businesses.

6.

Garages, repair.

7.

Gasoline service stations, subject to article VIII, § 4.00.

8.

General retail, unenclosed.

9.

Home improvement centers.

10.

Mini-warehouses, subject to article VIII, § 10.00.

11.

Printing establishment, minor.

12.

Transmission towers, subject to article VIII, § 13.00.

13.

Vehicle repairs, minor and major.

C.

Institutional uses.

1.

Public utility services.

18.03.

Special exception. The following uses may be permitted upon approval from the zoning board of adjustment and the issuance of appropriate permits being issued by the city. See article VIII, special exception uses, § 1.00 and subsections 1.01 and 1.02.

A.

Commercial uses.

1.

Airports, including heliports.

2.

Kennels.

B.

Institutional uses.

1.

Animal shelters.

2.

Cemeteries.

3.

Military installations.

4.

Parks.

5.

Pet cemeteries.

6.

Public buildings.

7.

Public utility facilities.

18.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the area and dimensional regulations listed below shall be observed. The minimum lot size and the minimum lot width shall be assessed, based on the nature of the use; and, these shall require the final approval of the City of Moody planning commission.

Corner lots: Setbacks shall be the same on both streets, roads, and highways.

* Rear yard may be reduced to 15 feet if adjoining property is zoned industrial.

** If the adjoining property is zoned industrial, interior side yard setbacks may be reduced to zero feet, provided that all portions of the side of the structure are enclosed with a fireproof wall of four-hour construction without any opening on such wall. In addition, if the structure is not built to the side lot line, a minimum setback of at least 15 feet shall be maintained. Any structure with a side setback that measures between zero feet and 15 feet shall be required to have a four-hour fire wall.

18.05.

Buffer requirements. As described in the buffer matrix.

18.06.

Additional regulations (when applicable). See section 1.02A of this article; and:

A.

Any outside storage areas shall be screened to an adequate height to conceal the contents from public view.

19.01.

Intent. To provide suitable areas where heavy industrial uses are permitted. This district encourages employment centers where a potentially moderate to high degree of environmental impact uses can be located, including general and heavy manufacturing and industry.

19.02.

Uses permitted.

A.

Industrial uses.

1.

Bakeries, major.

2.

Industrial parks, subject to article VIII, § 12.00.

3.

Industries, light.

4.

Manufacturing, general.

5.

Printing establishment, major.

6.

Warehousing, wholesaling and distribution, see article IV, subsection 5.05.

B.

Institutional uses.

1.

Public utility services.

19.03.

Special exceptions uses. The following uses may be permitted, subject to the approval of the Moody zoning board of adjustment and further subject to appropriate permits being issued by the city. See article VIII, Special exception uses, § 1.00 and subsection 1.02.

A.

Industrial uses.

1.

Industries, heavy.

2.

Recycling plants.

3.

Salvage yards.

4.

Sanitary landfills.

B.

Commercial uses.

1.

Animal hospitals.

2.

Kennels.

C.

Institutional uses.

1.

Animal shelters.

2.

Public utility facilities.

19.04.

Area and dimensional regulations. Except as may be provided for elsewhere in this ordinance, the area and dimensional regulations listed below shall be observed.

Corner lots: Setbacks shall be the same on both streets, roads and highways.

19.05.

Buffer requirements. As described in the buffer matrix.

19.06.

Additional regulations. (when applicable). See section 1.02A of this article; and:

A.

Any outside storage areas shall be screened to an adequate height to conceal the contents from public view.

20.01.

Intent. This district is intended to regulate landfill operations in selected areas and to provide safeguards for both adjacent properties and the environment.

20.02.

Uses permitted.

A.

Landfills.

1.

The deposit of garbage, solid waste, construction and demolition debris, and special wastes as defined by the Alabama Department of Environmental Management (ADEM) solid waste regulations, AL Admin. Code § 335 13-1-03 is a permitted use. The deposit of hazardous wasted, as defined by AL Code § 22-30-3 [Code of Ala. 1975, § 22-30-3] and the regulations promulgated there under, and untreated medical wastes, as defined by AL Admin. Code § 335-13-7, is not a permitted use.

2.

The violation of any applicable regulations warrants the revocation of local approval by the city. In determining if violations exist, the city will consider appropriate regulations to protect public health, safety and welfare.

B.

All buildings/premises/cells, related to landfill operations, shall fulfill the following:

1.

"The right to erect; maintain; alter; enlarge; use and operate a structure, building machinery, housing, road, transmission lines, rights-of-way and other facilities accessory to landfill and waste collection operations."

20.03.

Buffer requirements. As described in the buffer matrix and article VII, § 13.00.

20.04.

Area and dimensional regulations. In the above permitted uses, the area and dimensional regulations set forth in the following section shall be observed:

A.

The location of the areas where refuse is to be deposited will not be permitted within 200 feet of any property line or public road right-of-way, within this district.

B.

Except as otherwise set forth herein, the right to erect; maintain; alter; use and operate a structure, building, housing, haulage roads, and rights-of-way will not be permitted within 200 feet of any property line or public road right-of-way line. An exception shall be made where haulage roads join such right-of-way lines. The planning commission and the city council will have the jurisdiction over such haulage roads and may permit their relocation to within 200 feet of any property line or right-of-way line. Any area affected due to such relocation of roads within said 200 feet of any property line or right-of-way lines. In addition, within said 200 feet buffer zone activities necessary for environmentally sound landfill operations and management shall be permitted including erecting, maintaining, altering, and operation security structures and equipment, ground water and gas monitoring and collection systems, screening berms, walls, vegetation, trees and shrubs, signage, utility and transmission lines, roads, surface water management systems and gas migration management systems.

20.05.

Additional requirements. All buffers shall be adequately placed to reduce noise, air and other forms of pollution through construction practices, the placement of berms, fences, trees, shrubs, bushes, etc. These regulations are in addition to the buffer distances shown in the buffer matrix. No discernible human-generated noise shall emanate from the landfill between the hours of 9:00 p.m. and 6:30 a.m. At all other times, except for ingress and egress by vehicular traffic, the ambient noise level at the property line of the landfill facility shall not exceed 65 decibels. In the event that noise levels exceed 65 decibels, the owner of the landfill will be responsible for providing adequate measures, such as: berms, tree cover, walls, etc., to reduce the noise pollution and maintain a level of 65 decibels at said property line. The maintenance of this noise level is not necessary if any adjacent property is zoned any of the following: L-1 Landfill, L-2 Landfill or 1-3-S Strip Mining districts.

21.01.

Intent. This district is intended to regulate landfill operations in selected areas and to provide safeguards for both adjacent properties and the environment.

21.02.

Uses permitted.

A.

Landfills.

1.

The deposit of solid waste, generated by manufacturing or industrial processes, that is not hazardous waste, shall only be allowed. Furthermore, the types of solid waste, to be disposed of in this landfill shall be: gypsum by-products and sand only. The disposal of these materials shall be carried out in conformance with regulations set by the Environmental Protection Agency (EPA), the Occupational Safety and Hazard Administration (OSHA), the Alabama Department of Environmental Management (ADEM) and any other federal, state, county or local authority, as required by law.

2.

The violation of any applicable regulations warrants the revocation of local approval by the city. In determining if violations exist, the city will consider appropriate regulations to protect public health, safety and welfare.

B.

All buildings/premises/cells, related to landfill operations, shall fulfill the following:

1.

The right to erect; maintain; alter; enlarge; use and operate a structure, building, machinery, housing, road, transmission lines, right-of-way, etc., accessory to landfill operations, as permitted by the planning commission and the city council, City of Moody.

21.03.

Buffer requirements. As described in the buffer matrix and article VII, § 13.00.

21.04.

Area and dimensional regulations. In the above permitted uses, the area and dimensional regulations set forth in the following section shall be observed:

C[A].

The location of the areas where refuse is to be deposited will not be permitted within 200 feet of any property line or public road right-of-way, within this district.

D[B].

The right to erect; maintain; alter; use and operate a structure, building, machinery, housing, road, transmission lines, rights-of-way and other facilities accessory to landfill operations will not be permitted within 200 feet of any property line or public road right-of-way line. An exception shall be made where haulage roads join such right-of-way lines. The planning commission and the city council will have the jurisdiction over such roads and may permit their relocation to within 200 feet of any property line or right-of-way line. Any area affected due to such relocation of roads may also be permitted to lie within 200 feet of any property line or right-of-way lines.

21.05.

Additional requirements. Prior to the use of land for the above-described purposes, the applicant shall submit plans (scaled drawings that show: location of the landfill, buffers; access and haulage roads; estimated daily tonnage; and, construction drawings (if applicable). Any attachments that show all other relevant data; a general expression of subsequent use of the property (if applicable); and, all applicable health and environmental permits from the concerned authorities, shall also be submitted for perusal. All such firms, persons, corporations and entities, that are involved in landfill operations, shall be subject to all state, federal, county and municipal laws pertaining to the regulation of landfill operations. All buffers shall be adequately placed to reduce noise, air and other forms of pollution and visual blight and other nuisances, to the maximum capacity achievable through construction practices, the placement of berms, fences, trees, shrubs, bushes, etc. These regulations are in addition to the buffer distances shown in the buffer matrix. No discernible human generated noise shall emanate from the landfill between the hours of 9:00 p.m. and 6:30 a.m. At all other times, the ambient noise level at the border of the landfill shall not exceed the residential area noise level, determined at 50 decibels (Concepts in Architectural Acoustics). In the event that noise levels exceed 50 decibels, the owner of the landfill will be responsible for providing adequate measures, such as: berms, tree cover, walls, etc., to reduce the noise pollution and maintain a level of 50 decibels at said property line. The maintenance of this noise level may not be necessary if any adjacent property is zoned any of the following: L-1 landfill, L-2 landfill or I-3-S strip mining districts.

22.01.

Intent. To regulate strip mining operations in selected areas and to provide safeguards for both adjacent properties and the environment. This is the only district in which strip mining shall be permitted, with the exception of those operations licensed by the State of Alabama and/or the City of Moody, actively engaged in strip mining operations at the time of the adoption of this ordinance.

22.02.

Uses permitted. A building or premises shall be used only for the following purposes:

A.

The extraction of minerals, coal, ore, etc., by the surface mining method.

B.

The right to erect; maintain; alter; enlarge; use and operate a structure, building, machinery, housing, road, railroad, transmission lines, rights-of-way, and other facilities accessory to strip mining.

22.03.

Buffer requirements. As described in the buffer matrix.

22.04.

Area and dimensional regulations. In the above permitted uses, the area and dimensional regulations set forth in the following section shall be observed:

A.

The extraction of minerals, coal, ore, etc., by the surface method, will not be permitted within 300 feet of any property line or public line or public road right-of-way, within this zoning district. There may be an exception to this rule based on the following:

1.

The foregoing 200-foot property line setback requirement may be reduced, in whole or in part, with the written consent to the owner(s) of the adjacent property and the approval of the Moody planning commission.

2.

The foregoing 200-foot public road right-of-way setback requirement may be reduced in whole or in part with the written consent of the Moody planning commission.

B.

The right to erect; maintain, alter; use and operate a structure, building machinery, housing, road, railroad, transmission lines, rights-of-way and other facilities accessory to strip mining will not be permitted within 300 feet of any property line or public road right-of-way line. An exception will be made where mine access roads or haulage roads join such right-of-way lines. The planning commission or the city council will have jurisdiction over such roads and may permit such roads to be relocated to the jurisdiction over such roads and may permit such roads to be relocated to lie within 300 feet of any property line or right-of-way line. Any area affected due to the relocation of such roads may also be permitted to lie within 300 feet of such property or right-of-way lines.

22.05.

Additional requirements. Prior to the use of land for the above-described purposes, the applicant shall submit a plan showing scaled drawings as to the locations of the mineral seam, the estimated number of tons to be extracted, approximated time required to strip and reclaim and a general expression of subsequent use of the property. In addition, all such firms, persons, corporations and entities shall be subject to all state and federal laws pertaining to the regulation of strip mining operations. No discernible noise shall emanate from the landfill between the hours of 9:00 p.m. and 6:30 a.m. The ambient noise level at the border of the landfill shall not exceed the residential area noise level, determined at 50 decibels (Concepts in Architectural Acoustics). In the event that noise levels exceed 50 decibels, the owner of the landfill will be responsible for providing adequate measures, such as: berms, tree cover, walls, etc., to reduce the noise pollution and maintain a level of 50 decibels. The maintenance following: L-1 landfill, L-2 landfill or I-3-S strip mining districts.

23.01.

Intent. This district serves as an interim zone for areas annexed into the city. The MR district seeks to protect these newly annexed areas till the time comprehensive city zoning can be applied to them.

23.02.

Zoning of annexed areas. On the effective date of annexation, all newly annexed property shall be zoned MR municipal reserve district.

23.03.

Rezoning from the MR district. At its next regularly scheduled meeting, following the city council's adoption of the annexation, the planning commission shall initiate proceedings to rezone property 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:

A.

The comprehensive plan or a study of the annexed area(s).

B.

The desires of property owners in the area(s) subject to zoning.

C.

Compatibility with surrounding development and availability of utilities.

D.

The purposes and considerations of zoning as contained in this ordinance as well as the Code of Alabama, 1975, § 11-52-72 and as same may be amended [Code of Ala. 1975, § 11-52-72].

23.04.

Permitted uses and development standards. All uses in existence at the time of annexation may lawfully continue under the provisions of the MR district. All proposed new uses, on property that is currently zoned MR municipal [reserve] district, shall be brought to the City of Moody planning commission for final approval. Till such time as city zoning is assigned, all applications shall be subject to the uses permitted in the zone or zones assigned to the subject property along with all criteria and requirements.

23.05.

Action on annexation petitions.

[A.]

All annexation ordinances enacted by the City of Moody shall include the provision that the property shall be temporarily zoned MR municipal reserve district. A copy of the annexation ordinance shall be made available to the city building inspector and the planning commission for action.

[B.]

The zoning map shall be updated within 30 days of enactment of the zoning change from the MR district.

23.06.

Additional regulations (when applicable). As described in the buffer matrix.

24.01.

Intent. This district serves as an interim zone for those areas, within the city, whose permitted uses are subject to dispute or controversy. This district and its current conditions will maintain and preserve the status quo of the permitted use(s) of the property until all disputed matters, legal or otherwise, are resolved. The AR administrative [reserve] district is not featured in the buffer matrix.

24.02.

Permitted uses. Any property, zoned for this district, may continue to be used for any permitted use which was allowed under the zoning classification of the property immediately preceding its reclassification/rezoning into this district.