Certain land use activities are identified are for special treatment. The nature of these uses is such that, when properly regulated, they are appropriate in several zone districts. In order to bring about proper integration of these uses into the city's land use pattern, a special set of criteria or standards will tend to maintain compatibility with adjoining land uses. It is intended that the zoning board of adjustment will review all proposals for special exception uses for compliance with the appropriate provisions for these special exception uses contained in this article before an approval is granted and a building permit is issued.

1.01.

Special exception procedures.

A.

All uses listed as permitted by special exception shall require the review and approval of an application to the zoning board of adjustment. An application for a special use shall first be filed with the building inspector at least 21 days before the scheduled public hearing date by the zoning board of adjustment. The application shall be filed by the property owner, or the authorized agent of the property owner, on a form made available by the building inspector. Such form shall be completed by the applicant, or the agent of the applicant; and, include the following information and materials:

1.

The name, signature and address of the property owner and agent of property owner, if any.

2.

The address of the property under consideration.

3.

The existing zoning and land use of the property under consideration.

4.

The proposed use by special exception.

5.

A vicinity map showing the exact location of the property.

6.

A plot plan, (where deemed applicable) drawn to scale with dimensions, showing the property boundaries and the proposed development layout.

7.

The applicant or agent must, at the time the application is made, provide the building inspector with the names and addresses of all the contiguous property owners within 500 feet of the subject property.

8.

A filing fee of $75.00 is required from the applicant or the agent of the applicant at the time the application is made for a special exception use. This fee is nonrefundable in the event such proposal is not approved.

1.02.

Required.

A.

At least 15 days prior to scheduling [the] zoning board of adjustment hearing, the building inspector shall give written notice of the proposals to all deposited in the United States Post Office, in the form of registered mail and addressed to any such property owners at their addresses as submitted with the application. Any error in the address of such a notice shall not invalidate of notice, provided that no more than five percent of the total number of notices given contain any such error. Such notice shall contain the following:

1.

The name of the applicant.

2.

The location of the subject property.

3.

The proposed use by special exception.

4.

The time, date and location of the board of adjustment public hearing.

A.

The minimum lot area shall be two acres.

B.

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, ponies (although the keeping of goats, sheep and swine are prohibited as a part of a hobby farm).

C.

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

1.

Farm animals shall be housed not less than 200 feet from any adjacent lot not zoned AG-1.

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. A maximum of 20 poultry for every 8,000 square feet of lot area shall be permitted.

Where permitted, a shopping center shall consist of a building group that is unified:

A.

A site development plan shall be required which provides for:

1.

A minimum site depth of 300 feet, unless otherwise provided for elsewhere in this ordinance.

2.

An integrated parking area and vehicular loading spaces as specified in article IX.

3.

The convenient vehicular servicing of the buildings, the satisfactory circulation of traffic throughout the parking area and no undue interference with through traffic in gaining ingress and egress from the proposed site.

4.

The location, size and character of all exterior signs.

5.

A buffer strip of not less than 20 feet where a shopping center abuts any residential district.

6.

Convenient and safely located pedestrian walkways.

7.

A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility. This analysis should be prepared by an Alabama registered professional engineer.

8.

A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply prepared by an Alabama registered professional engineer.

9.

A copy of any deed restrictions intended for the property upon which the shopping center is to be constructed.

A.

Where permitted, gasoline service stations shall observe all regulations for such structures and their uses as required by the laws of the State of Alabama, as well as provisions contained herein:

1.

No gasoline service station shall be located within a radius of 300 feet from a public assembly center, including, but not limited to: places of worship, community centers, hospitals, school, day care centers and similar uses in which large numbers of people are concentrated on a temporary or permanent basis.

2.

All storage of materials, carburetors and generators, merchandise, and equipment shall be within the principal building or within the setback linens, with the exception of garbage and trash, which shall be located in an area enclosed on three sides by an opaque fence of at least six feet in height and located behind the rear building line.

3.

The location of drains, on the premises, without the approved separators in the trap shall be prohibited. The gasoline storage tanks shall be [in] full compliance with the requirements of the Alabama Department of Environmental Management (ADEM).

4.

Applicable only to new service stations.

a.

A minimum site of 12,000 square feet.

b.

Frontage on a public street of 120 feet.

c.

All structures permitted on the said site are not to exceed one principal structure and three triple gas pumps.

d.

All islands shall have a minimum setback of 20 feet from the street.

e.

All driveways shall set back a minimum of 20 feet from the street from property corners; shall not exceed 35 feet in width and shall be 30 feet apart.

f.

A minimum of 1,600 square feet of lot area is required for each additional triple pump island. A lot area of 1,200 square feet shall be provided for each service bay or car wash. Each separate pay station requires 150 square feet.

5.

Applicable only to construction of gasoline pumps and facilities to existing establishments. The following minimum standards shall apply to the gasoline dispensing area, including pump islands and approach drives:

a.

One triple island 2,700 square feet.

b.

One pay station and one triple island, 5,200 square feet.

c.

A minimum of 1,600 square feet of lot area shall be provided for each additional triple pump island and minimum of 1,200 square feet of lot area shall be provided for each bay and car wash.

6.

The following uses are prohibited at gasoline service stations:

a.

The storage of vehicles on the premises for the purposes other than those of maintenance and repair. This shall not include wrecked motor vehicles left on the premises temporarily, for insurance inspection and estimates of repair; however, such vehicles shall not be parked or stored in the building/premises over 72 hours.

b.

Major vehicle repair activities, as defined in article IV.

c.

Buying or offering for sale of new or used motor vehicles.

d.

Any use performed inside the principal building or on the premises which is offensive or dangerous or which constitutes a nuisance to the occupants of the adjacent properties by reason of: smoke, fuels, dust, odor, vibrations, noise or unsightliness.

A.

Where permitted, fast food restaurants shall comply with the following:

1.

Submission of a site development plan, which provides for:

a.

High fence, constructed of opaque material, shall be located on all the property lines of the said fast food restaurant premises, not bordering on a public street. Where the zoning board of adjustment deems appropriate, a buffer may be substituted, provided the desired screening effect is achieved by providing a visually impervious barrier.

b.

The front yard and any side yard adjacent to a public street shall be provided with a ten-foot wide buffer, except where a driveway opening is necessary for ingress to and egress from the site.

c.

A preliminary plan or engineering feasibility report, providing for the site grading, storm drainage, sanitary sewers and water supply, shall be prepared by an Alabama registered professional engineer.

d.

Fixed lighting shall be arranged so as not to shine, reflect or glare onto surrounding properties or public streets.

e.

The outside premises of any fast food restaurant shall be cleared of all used paper, trash, refuse and other waste materials at least once every six hours prior to closing.

f.

A fast food restaurant shall not be permitted to install and maintain loud speakers or jukeboxes in a manner, which allows sounds coming from there to be heard outside the restaurant building. This shall not, however, include microphones and speakers necessary for ordering food at drive-through windows.

g.

Each fast food restaurant shall be provided with a dumpster pad which shall be located in the rear of the establishment and enclosed in a manner adequate to conceal such from public view.

A.

Where permitted, hospitals shall comply with the following regulations:

1.

Submission of a site development plan which provides for:

a.

A scaled plan/engineering feasibility report with: site grading, storm drainage, sanitary sewers and water supply, prepared by an Alabama registered professional engineer.

b.

Where deemed necessary by the zoning board of adjustment, a traffic analysis indicating the estimated traffic flows to and from the hospital prepared by an Alabama registered professional engineer.

c.

For each bed in a hospital there shall be 100 square feet of outdoor space of outdoor open space, exclusive of the required front yards, side yards, buffer areas, parking areas, loading spaces or other purposes. The said outdoor space shall be open and unobstructed from the ground upwards.

A.

Where permitted, a nursing care facility shall comply with the following requirements:

1.

Submission of a site development plan which provides for:

a.

A preliminary plan or engineering feasibility report providing for: the site grading, storm drainage, sanitary sewers and water supply, prepared by an Alabama registered professional engineer.

b.

Where deemed necessary by the zoning board of adjustment, a traffic analysis indicating the estimated traffic flows to and from the nursing care facility prepared by an Alabama registered professional engineer.

c.

For each bed in the nursing care facility, there shall be 200 square feet of outdoor open space, exclusive of the required front yards, side yards, buffer areas, parking areas, loading spaces [and] shall be open and unobstructed from the ground upwards.

A.

Where permitted, cemeteries shall comply with the following requirements:

1.

A site development plan which depicts: the boundaries of the cemetery, existing zoning, adjacent land uses, topography, drainage and buffers.

a.

No part of a cemetery shall be located closer than 200 feet from any residential zone district in the city, nor closer than 500 feet from any hospital or nursing care facility.

b.

A six-foot high protective wall or fence shall be constructed on all property lines, except at points of ingress and egress. A cemetery shall be exempt from any required buffering or screening along public rights-of-way. The facility shall have installed gates with locks at points of ingress and egress.

c.

No grave site shall be located closer than 150 feet from a water line or underground water supply.

d.

Mausoleums, crematoriums or any other buildings or structures accessory/incidental to a cemetery shall not be closer than 200 feet from any property line.

Notwithstanding anything to the contrary herein, a proposal for a home occupation under this ordinance may be brought in the following zoning districts only AG-1, MF, E-1, R-1, R-2, R-3, R-T, R-G, PRD, RMHP, RMHS and if not deemed a "permitted use" pursuant to Article VII § 17.00 of this ordinance, will come before the zoning board of adjustment for consideration as a special exception pursuant and subject to the following criteria:

1.

The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely effect the use permitted in the district of which it is a part. No home occupation shall be permitted. Which might interfere with the general welfare of the surrounding residential are due to potential noise, increased pedestrian and vehicular traffic or any other condition, which would constitute an objectionable use of residentially zoned property.

2.

All customary home occupation shall be limited to office or a business of a personal service nature.

3.

A home occupation shall be confined to 25 percent of the principal dwelling; however, no outside storage shall be used in connection with it. No additional buildings or structure may be constructed in connection with the home occupation.

4.

The employment shall be limited to the member of the family residing in the dwelling.

5.

No display of products shall be visible from the street and only articles made on the premises or if not made on the premises, then shipped from a place other than the dwelling and delivered to a place other than the dwelling may be sold.

6.

Instruction of music, art, dancing and similar activities shall be limited to two students at a time and any noise created by the activity shall not be detectable outside the premises.

7.

Tutoring and the provision of professional education instruction like that provided in public and private schools shall be limited to six (6) students at any time and any noise created by the activity shall not be detectable outside the premises.

8.

The activity carried on as home occupation shall be limited to the hour between 7: A.M. and 10:00 P.M.

9.

The building inspector of the City of Moody and a representative of the public safety department of the City shall be permitted to make an inspection, upon receipt of the initial application; and, in addition, make an annual inspection at license renewal time or at any time, upon reasonable request, to enter an inspect the premises covered for safety and compliance purposes.

10.

The building inspector and/or the representative of the public safety department shall file, with the zoning board of adjustment, a written inspection report of any inspection to determine whether the licensee is in compliance. If the licensee is not in compliance, area of noncompliance will be set out.

11.

In the event of the death or relocation of a home occupation licensee, the existing license shall automatically terminate. If a surviving spouse or adult child, residing at the same residence at the time of this event, desire to continue the home occupation, the license would remain in effect, provided everything else is in compliance.

A.

Where permitted, mini-warehouses shall comply with the following requirements:

1.

No outdoor storage shall be permitted on the site.

2.

No storage of volatile, toxic or explosive materials shall be permitted, either inside the structure(s) or on the premises.

3.

The facility or site shall not be used for any wholesale or retail sales operation or activity; however, this shall not include periodic auctions which are held on the premises to dispose of items which have been abandoned and/or for which the lease time has expired.

4.

A minimum lot size of three acres shall be required for a mini-warehouse development and such facility shall be limited to one story in height.

5.

A screen fencing shall be installed around the perimeter of the development. The said fencing shall be a minimum of eight feet in height. The points of access to the facility shall be provided with gates which shall be locked when the facility is not open for business.

6.

All outdoor lighting shall be shielded to direct light and glare onto the mini-warehouse premises and may be of sufficient intensity to discourage vandalism and theft. The said lighting shall be deflected, shaded, and focused away from all adjoining property.

7.

A resident manager shall be required on the site, during business hours; and, he or she shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all the applicable provisions.

B.

A site plan is required, which provides for:

1.

A preliminary plan or engineering feasibility report which addresses the site grading, storm drainage, water run-off, the availability of required utilities and the identification of area which will require buffers. A 12-foot buffer shall be provided along all property lines abutting any residential zone district within the city.

A.

Where permitted, private tennis courts shall comply with the following requirements:

1.

All tennis courts constructed in single-family or two-family residential districts shall meet the following minimum standards:

a.

The tennis court shall be located in the rear yard.

b.

The tennis court may not be located any closer than 25 feet from any property line and residential structure.

c.

All the fences shall meet the requirements of article VII, § 4.00.

d.

The tennis courts for multifamily and commercial uses shall meet the standards deemed appropriate by the zoning board of adjustment during the review of each specific proposal, including but not limited to the required buffers.

e.

If lighted, all exterior lighting fixtures shall be constructed in a manner so as to direct the beam of light toward the facility itself and away from any adjacent areas. The said fixtures shall not exceed 25 feet in height.

A.

Where permitted, industrial parks shall comply with the following requirements:

1.

An industrial park shall, for the purpose of this ordinance, include all land 40 acres or more in size, subdivided and platted into two or more parcels and used or intended to be used for predominantly industrial or commercial purposes of an industrial character.

2.

A site development plan shall be required for each industrial park which provides the following:

a.

An access to an industrial park shall be by the way of a major thoroughfare.

b.

All streets or roadways within an industrial park shall have a minimum right-of-way width of 70 feet, a maximum gradient of five percent and shall conform to the City of Moody standards for commercial streets or as otherwise approved by the zoning board of adjustment.

c.

All off-street parking and loading shall be provided in conformance with article IX.

d.

The outdoor storage in an industrial park shall be permitted only when accessory to a permitted principal use and only when storage area are suitably screened by either landscaping or fences or walls and are located at least 100 feet from any property line and at least 150 feet from any street lines. Such storage areas shall not cover more than 15 percent of the site area. The zoning board of adjustment shall approve plans for the location and screening of all outdoor storage area before a building permit shall be issued for their construction.

e.

A buffer area, not less than 50 feet in width, shall be provided along all the property lines of an industrial park which abuts any residential zone.

f.

A cul-de-sac street shall not be permitted in industrial parks; however, dead-end streets are permitted, when not more than 500 feet in length, as measured from the terminal point of the dead-end street to the closest intersection. Such a terminal point is to be provided with a paved vehicle turnaround area having a minimum right-of-way radius of 70 feet.

g.

The street lighting shall be provided, in accordance with the City of Moody street lighting standards, with the location of street lights in conformance with the Alabama Power Company recommendations.

h.

The vehicular approach to an industrial park site from a public street or highway shall have a minimum radius, so designed, such that uncontrolled left hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the zoning board of adjustment and the street department superintendent.

i.

The sight distances at all the points of ingress and egress to the public streets or highways shall not be less than 1,000 feet, except where a traffic signal light is installed at the entrance to or exit from the industrial park site or unless otherwise determined by a study conducted by the city engineer or other persons qualified in this field.

j.

Where points of ingress and egress to industrial parks from public streets or highways, having speed limits in excess of 30 miles per hour, are located, there shall be provided, on the public thoroughfare, acceleration and de-acceleration lanes, the length of which shall be determined by the following:

k.

A report of subsurface soil conditions shall be provided to the city engineer, superintendent of streets and zoning board of adjustment by an Alabama professional engineer as evidence of suitable bearing for foundations in the construction of industrial structures, of a nature intended to be used within the proposed industrial park.

l.

A preliminary plan or engineering feasibility report, prepared by an Alabama professional registered engineer, shall be submitted to the city engineer and the zoning board of adjustment. This plan/report shall provide for the site grading, storm drainage, sanitary sewerage and water supply.

m.

A copy of any deed restrictions shall be provided to the planning commission.

A.

Where permitted, the distance between the base of the tower and property lines abutting urban residential districts, public parks and roads must equal 20 percent of the tower height; property lines adjacent to other uses (e.g. agricultural, industrial) require a setback equal to the rear yard setback established for the underlying zone.

1.

All applicants for such towers shall submit an engineering report to both the building inspector and the planning commission, documenting all of the following:

a.

The height, design and building materials selected, including: pertinent technical, engineering, economic and other factors influencing the final design.

b.

The total anticipated capacity of the structure, including the number and types of antennas that can be accommodated.

c.

The evidence of structural integrity.

d.

The tower's failure characteristics; the demonstration that the site and setbacks are of adequate size to contain debris.

e.

The mitigation measures for ice and other hazards, including setbacks and de-icing equipment.

f.

Where applicable, adequate parking shall be provided, along with adequate buffers, bordering a residential zone district. Such towers shall be prohibited in residential zone districts.

g.

In all zones permitted, a security fence, around the tower base or along the perimeter of the site, shall be required to prevent unauthorized entry, vandalism and injuries.

h.

In addition, all such structures shall be in full compliance with all the applicable local, state and federal regulations.

A.

Where permitted, such establishments shall comply with the following requirements:

1.

Activities related to a bed and breakfast inn shall be conducted in a building originally designed as a detached single-family residence.

2.

Breakfast shall be served only to persons who have lodging in the inn and shall be the only meal served.

3.

No food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

4.

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

5.

A maximum of five bedrooms shall be made available for rent. A bed and breakfast home having more than five bedrooms for rent may be approved by the zoning board of adjustment if the home is designated as a historic landmark. If designated as a historic landmark, any interior modification shall be described in the application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces, windows and doors, cornices, moldings chair rails or light fixtures.

6.

No exterior alterations, other than those necessary to ensure the safety of the structure and its occupants, shall be made to any building for the purpose of providing a bed and breakfast.

7.

One stationary sign (ground mounted or wall mounted) is permitted per establishment. This sign shall not exceed eight square feet in sign area and six feet in height. Such a sign shall not be illuminated. If a ground sign is utilized, it shall be subject to the setback requirements set forth for such signs in residential areas of the sign section of article X.

A.

Warehousing, wholesaling and distribution centers permitted within the B-4 zoning district shall comply with the following requirements:

1.

Warehousing, wholesaling and distribution centers must be a minimum of 300 feet from the right-of-way of Highway 411 or other major street, road or highway, as determined by the city's building inspector.

2.

If the property adjacent to the property on which a warehousing, wholesaling and distribution center is to be located is zoned as a residential use district or if such property contains thereon a single-family residence, the zoning board of adjustment must establish a reasonable buffer zone between the residence and the proposed warehousing, wholesaling and distribution center, measured from the nearest point of each structure to the other.

3.

No warehouse in the business districts shall be allowed to store the following types of materials: chemicals, gasoline/petroleum products, oil, gases, explosives, and other hazardous materials (as the term "hazardous materials" is defined by ADEM, EPA and the Hazardous Waste Management Act of 1978, as amended (section 22-30-21 et seq.).)

4.

The facility must be constructed and situated in such a manner so as to prevent dust, excessive noise, and odors that would interfere with the uses of adjoining properties so as to constitute a nuisance.

5.

All storage must be conducted within a permanent, fully enclosed building that is constructed in accordance with the building code being enforced by the city at the time of its construction. The type and design of the building must be approved by the city's building inspector prior to construction; provided, however, that the front of the building shall be brick. In addition, all necessary approvals, permits, etc. must be obtained prior to the erection of the structure.

6.

All driveways, roads service yards, and loading/unloading and parking lot s must be paved. All service yards and loading/unloading area must be located on the side or rear of the primary structure unless permission to locate otherwise is obtained from the zoning board of adjustments.

7.

All storage and operations must be totally enclosed. No open-air or outside storage is allowed.

8.

The storage of construction materials such as sand, gravel, bricks, cinder blocks, lumber, clay, steel, water and sanitary sewer supplies, fixtures, etc., should be done in a manner to prevent accidents and must be totally enclosed.

9.

Except as stated in this article, buffer requirements shall be as described in the buffer matrix and article VII, section 13.00.