5-1.1.

Intent. These districts are intended as single-family residential areas with low to medium population densities. Use regulations for the RS-1, RS-2, and RS-3 single-family districts are identical, but previous development patterns have established three classes of lot width and lot area, and these dimensional differences are intended to be preserved. Certain structures and uses required to serve governmental, educational, religious, noncommercial, recreational, and other needs of such areas are permitted outright within such districts or are permissible as special exceptions subject to restrictions and requirements intended to preserve and protect their single-family residential character.

5-1.2.

Permitted principal uses and structures. The following principal uses and structures are permitted in the single-family residential districts:

(1)

Single-family detached dwellings located on individual lots.

(2)

Mobile homes in MHP zoning districts only. (See Section 6-4, page 73.)

5-1.3.

Permitted accessory uses and structures. Providing proper setback is given, the following accessory uses and structures are permitted in the single-family residential districts:

(1)

Noncommercial greenhouses and plant nurseries, private garages, garden sheds, tool houses, private swimming pools, and the like.

(2)

Other structures and uses which:

a.

Are customary accessory and clearly incidental and subordinate to permitted principal uses and structures;

b.

Do not involve the conduct of trade on the premises;

c.

Are located on the same lot as the permitted principal use structure, or on a contiguous lot in the same ownership;

d.

Are not likely to attract visitors in larger numbers than would be expected in the neighborhood; and

e.

Do not involve operations not in keeping with the character of the area, or of a nature prohibited under Section 5-1.5 (page 21) "Prohibited uses and structures."

5-1.4.

Permitted special exceptions. After public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Adjustment may permit as special exceptions:

(1)

Parks, playgrounds, playfields;

(2)

Community service structures and uses such as community service centers, libraries, fire stations, civic, cultural, or recreational uses, provided that a specific determination is made by the board that such uses or structures are in keeping with the residential character of the district;

(3)

Churches and other places of worship, including educational buildings related thereto, provided that the Board of Adjustment shall find that the characteristics of such places of worship and related buildings and the site design thereof will be in keeping with the residential character of the district;

(4)

Elementary and high schools, provided that the board of Adjustment shall find that the characteristics of such facilities and the site design thereof will be in keeping with the residential character of the district;

(5)

Day nurseries and kindergartens, subject to the provisions of Section 6-6 (page 78);

(6)

Hospitals, sanitariums, rest homes, convalescent homes, homes for orphans, homes for the aged, foster homes, provided that no such facility shall have lot area of less than two acres, and that no building in connection with such facility shall be located closer than 25 feet to any lot line, Provided that the Board of Adjustment shall find that the characteristics of such facilities and the sight design thereof will be in keeping with the residential character of the district;

(7)

Utilities substations, provided that the Board of Adjustment shall impose appropriate conditions and safeguards regarding the placement or characteristics of use potentially incompatible with nearby uses;

(8)

Cemeteries;

(9)

Colleges and universities having minimum lot area of five acres, provided that the Board of Adjustment shall find that the characteristics of such institutions and the site design thereof will be in keeping with the residential character of the district;

(10)

Noncommercial structures and uses to serve governmental, educational, religious, and recreational needs, subject to conditions imposed by the Board of Adjustment intended to preserve and protect the character of the zoning district in which it is located;

(11)

Home occupations, subject to provisions of Section 6-5 (page 77);

(12)

Bed and breakfast inns subject to special requirements and restrictions listed in Section 6-14 (page 85) of this ordinance.

5-1.5.

Prohibited uses and structures. The following uses and structures are prohibited in single-family districts:

(1)

Trade or service other than as provided under Section 5-1.2 (page 19) "Permitted principal uses and structures" or Section 5-1.3 (page 19 "Permitted accessory uses and structures" or as permitted by Section 5-1.4 (page 20 "Permitted special exceptions";

(2)

Manufacturing and industrial uses;

(3)

Storage in connection with trade, service, manufacturing or industrial activities outside the district;

(4)

Storage or long-term parking of commercial or industrial vehicles;

(5)

Storage of building materials except in connection with active construction activities on the premises;

(6)

Storage or use of mobile homes except in mobile home parks in the MHP district;

(7)

Signs, except as permitted under Article VII (page 91).

5-1.6.

Minimum lot area and width. The following minimum lot areas and widths are required in the single-family residential districts:

(1)

Single-family detached dwelling:

5-1.7.

Minimum yard requirements. The depth of front and rear yards, and the width of side yards, shall be as follows, for single-family detached dwellings and for other permitted or permissible structures, unless otherwise specified:

(1)

Front yards:

a.

RS-1: 35 feet

b.

RS-2: 30 feet

c.

RS-3: 25 feet

d.

MHP: 20 feet

(2)

Side yards of interior lots and corner lots:

a.

RS-1: Combined side yards shall total 25 feet, provided, however, that no individual side yard shall be less than ten feet in width.

b.

RS-2: Combined side yards shall total 18 feet, provided, however, that no individual side yard shall be less than 9 feet in width.

c.

RS-3: Combined side yards shall total 14 feet or 20% of width of the lot (whichever is less), provided, however, that no individual side yard shall be less than five feet in width.

d.

MHP: Combined side yards shall total 25 feet with no side yard less than 10 feet.

e.

For permitted accessory structures, not less than five feet.

(3)

Rear yards:

a.

RS-1: 35 feet

b.

RS-2: 35 feet

c.

RS-3: 25 feet

d.

MHP: 10 feet

e.

For permitted accessory structures: 5 feet. Provided, however, that in all lots in single-family residential districts, the minimum rear yard requirements where the rear yard will abut an arterial street, as designated by the Town [City] Engineer, shall be 35 feet.

5-1.8.

Maximum lot coverage by all buildings.

(1)

Residential units and their accessory buildings shall not exceed a total of 30% lot coverage.

(2)

Other permitted and permissible buildings and their accessory buildings shall not exceed a total of 25% lot coverage.

5-1.9.

Maximum height of structures. No portion of any building shall exceed 30 feet in height. Accessory structures shall not exceed 15 feet in height.

5-1.10.

Signs. Signs are permitted in the RS-1, RS-2, RS-3, and MHP zones only in accordance with the provisions of Article VII (page 91) "Regulation of Signs."

5-2.1.

Intent. These districts are intended as medium and high density residential areas permitting progressively higher population densities, characterized by single-family structures and garden type apartments. Certain structures and uses required to serve governmental, educational, religious, noncommercial, recreational and other needs of such areas are permitted outright or are permissible as special exceptions subject to restrictions and requirements by the Board of Adjustment intended to preserve and protect the residential character of the district.

5-2-2.

Permitted principal uses and structures. The following principal uses and structures are permitted in the districts indicated:

(1)

RG-1:

a.

Single-family detached dwellings;

b.

Two-family detached dwellings.

(2)

RG-2:

a.

Single-family detached dwellings;

b.

Two-family detached dwellings;

c.

Multiple-family dwelling containing not more than four dwelling units on the first floor level and not more than eight dwelling units throughout, provided that no more than one such principal building shall be located on any lot or lots in one individual name;

d.

Multiple-family dwellings located in group housing developments subject to provisions of Section 6-3 (page 71) provided that all multiple family dwellings shall not exceed a dwelling unit density of 15 dwelling units per net side acre and conform to Section 5-2.9 (page 26).

5-2.3.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the multifamily residential districts:

(1)

Noncommercial greenhouses and plant nurseries, private garages, garden sheds, tool houses, private swimming pools, and the like.

(2)

Other structures and uses which:

a.

Are customary accessory uses and clearly incidental and subordinate to permitted principal uses and structures;

b.

Do not involve the conduct of trade on the premises;

c.

Are located on the same lot as the permitted principal use structure, or on a contiguous lot in the same ownership;

d.

Are not likely to attract visitors in larger numbers than would be expected in the neighborhood; and

e.

Do not involve operations not in keeping with the character of the area, or of a nature prohibited under Section 5-2.5 (page 25) "Prohibited uses and structures.

5-2.4.

Permitted special exceptions. After public notice and hearing and subject to appropriate conditions and safeguards, the Board of Adjustment may permit, as special exceptions:

(1)

Parks, playgrounds, playfields;

(2)

Community service structures and uses such as community service centers, libraries, fire stations, civic, cultural, or recreational uses;

(3)

Churches and other places of worship, including educational buildings related thereto, provided that the Board of Adjustment shall find that the characteristics of such place of worship and related buildings and the site design thereof will be in keeping with the residential character of the district;

(4)

Elementary and high schools, provided that the Board of Adjustment shall find that the characteristics of such facilities and the site design thereof will be in keeping with the residential character of the district;

(5)

Day nurseries and kindergartens, subject to the provisions of Section 6-6 (page 78);

(6)

Hospitals, sanitariums, rest homes, convalescent homes, homes for orphans, homes for the aged, foster homes, provided that no such facility shall have lot area of less than two acres, and that no building in connection with such facility shall be located closer than 25 feet to any lot line, provided that the Board of Adjustment shall find that the characteristics of such facilities and the site design thereof will be in keeping with the residential character of the district;

(7)

Utilities sub-stations provided that the Board of Adjustment shall impose appropriate conditions and safeguards regarding the site location and characteristics of use potentially incompatible with nearby uses;

(8)

Cemeteries;

(9)

Colleges and universities having a minimum lot area of five acres, provided that the Board of Adjustment shall find that the characteristics of such institutions and the site design thereof will be in keeping with the residential character of the district;

(10)

Mobile home parks located in RG-2 or RG-3 districts, subject to the requirements of Section 6-4 (page 73) and provided that the Board of Adjustment shall find that the characteristics of such mobile home parks, and the site design thereof, will be in keeping with the character of the district;

(11)

Rooming and boarding houses in RG-2 and RG-3 districts, provided that the Board of Adjustment shall find that the characteristics of such institutions, and site design thereof, will be in keeping with the character of the district;

(12)

Beauty and barbershops, as home occupations, subject to the provisions of Section 6-5 (page 77);

(13)

Noncommercial structures and uses to serve governmental, educational, religious and recreational needs, subject to conditions imposed by the Board of Adjustment intended to preserve and protect the character of the zoning district in which it is located;

(14)

Home occupations, subject to provisions of Section 6-5 (page 77);

(15)

Bed and breakfast inns subject to special requirements and restrictions listed in Section 6-14 (page 85) of this ordinance.

5-2.5.

Prohibited uses and structures. The following uses and structures are prohibited in the multifamily residential districts:

(1)

Trade or service other than as provided under Section 5-2.2 (page 23) "Permitted principal uses and structures" or Section 5-2.3 (page 23) "Permitted accessory uses and structures" or as permitted by Section 5-2.4 (page 23) "Permitted special exceptions";

(2)

Manufacturing and industrial uses;

(3)

Storage in connection with trade, service, manufacturing or industrial activities outside the district;

(4)

Storage or long-term parking of commercial or industrial vehicles;

(5)

Storage of building materials except in connection with active construction activities on the premises;

(6)

Storage or use of mobile homes except in mobile home parks in the MHP district;

(7)

Signs, except as permitted under Article VII (page 91).

5-2.6.

Minimum lot area. For each dwelling unit in the district indicated, the following minimum lot areas (in square feet) are required:

(1)

RG-1:

Single-family dwelling: 7,500

Two-family dwelling: 3,750

(2)

RG-2:

Single-family dwelling: 7,500

Two Family dwelling: 3, 750

Per unit multifamily dwelling: 2,500

5-2.7.

Minimum lot width. For each dwelling unit in the district indicated, the following minimum lot widths (in feet) are required:

(1)

RG-1:

Single-family dwelling: 65

Two-family dwelling: 37.5

(2)

RG-2:

Single-family dwelling: 65

Two-family dwelling: 37.5

Multifamily dwelling: not less than 50 ft.

5-2.8.

Minimum yard requirements. Minimum yard requirements for all structures and uses in the multifamily residential districts shall be as follows:

(1)

RG-1:

Front: 25 feet

Rear: 30 feet

Side: 14 feet aggregate, minimum 5 feet

(2)

RG-2:

Front: 25 feet for one or two family dwelling

20 feet for multifamily

Rear: 30 feet for one or two family dwelling

20 feet for multifamily dwelling

Side: 14 feet aggregate, minimum 5 feet

5-2.9.

Maximum lot coverage by all buildings. All permitted and permissible buildings and their accessory building shall not exceed a total of 40% lot coverage.

5-2.10.

Maximum height of structures. All buildings: 35 feet, provided that a building may exceed this height if there is an increase of one foot in side, front, and rear yards over the minimum side, front, and rear yard requirements for each additional two feet of height.

Provided, however, that in all lots in multifamily districts, the minimum rear yard requirements where the rear yard will abut an arterial street, as designated by the Town [City] Engineer, shall be 35 feet.

5-2.11.

Minimum off-street parking and loading requirements. Off-street parking and loading requirements as set forth in Article 6 (page 66) shall be met.

5-2.12.

Signs. Signs are permitted only in accordance with the provisions of Article VII (page 91) "Regulation of Signs.

5-3.1.

Intent. This district is intended to accommodate commercial and service use oriented primarily to serving the needs of persons who live or work in nearby areas. Certain related structures and uses required to serve the needs of such areas are permitted outright or are permissible as special exceptions subject to restrictions and requirements by the Board of Adjustment intended to best fulfill the intent of this ordinance.

5-3.2.

Permitted principal uses and structures. The following uses and structures are permitted in the C-1 Neighborhood Commercial District:

(1)

Adult care facility.

(2)

Appliance sales and repair (household).

(3)

Arcade.

(4)

Bait shop.

(5)

Business or vocational school, not of industrial nature.

(6)

Catering.

(7)

Church.

(8)

Coffee shop.

(9)

Community service structure.

(10)

Computer sales and service.

(11)

Courier service.

(12)

Cosmetic store.

(13)

Day care center.

(14)

Delicatessen.

(15)

Drug store.

(16)

Financial and lending institution, title company, mortgage company (excluding consumer finance company, title loan company etc.).

(17)

Florist.

(18)

General retail or variety store.

(19)

Government office.

(20)

Grocery store.

(21)

Hardware store.

(22)

Health club, gym, exercise facility.

(23)

Instruction for the performing arts and disciplines.

(24)

Jewelry store.

(25)

Laundromat.

(26)

Medical, dental, and health related office, clinic, and lab.

(27)

Nursing home.

(28)

Pet grooming.

(29)

Photo studios, art studios, art galleries, art sales, interior design studios, craft studios, craft sales, antique shops, establishments for teaching of music, dancing and other performing arts.

(30)

Post office.

(31)

Professional office (lawyers, architects, engineers, real estate, insurance, accountants, etc.).

(32)

Barber/Beauty shop.

(33)

Shoe repair.

(34)

Dry cleaning and laundry pick-up station.

(35)

Tailoring and dressmaking.

(36)

Restaurant, fast food without drive-in, eating and drinking establishment without drive-in.

(37)

Retail clothing store.

(38)

Sporting goods store.

(39)

Tanning salon.

(40)

Video rental/sales.

(41)

Yogurt/ice cream shop.

5-3.3.

Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the C-1 Neighborhood commercial District:

(1)

Structures and uses which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted principle uses and structures.

b.

Are located on the same lot as the permitted principal use structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations not in keeping with the character of the area, or of a nature prohibited under section 5-3.5 (page 27) "Prohibited uses and structures".

5-3.4.

Permitted special exceptions. After public notice and hearing and subject to appropriate conditions and safeguards, The Board of Adjustment may, in its discretion, permit as special exceptions the following:

(1)

Retail establishments not exceeding 5,000 square feet of gross floor area not permitted outright under section 5-3.2 (page 27) but excluding establishments dealing in salvaged merchandise, or establishments selling automobiles or automotive equipment and supplies.

(2)

Personal service establishments not permitted outright under section 5-3.2 (page 27).

(3)

Drive-in eating and drinking establishments, provided that it shall be determined that the characteristics of such establishments will be compatible with nearby uses and that appropriate conditions and safeguards as deemed necessary may be placed upon the characteristics of operation of such establishments.

(4)

Commercial recreational and entertainment structures and uses such as theaters and bowling alleys, provided that such uses are housed in structures and are of such a size and situation that they are not likely to be incompatible with nearby residential zoning districts and that appropriate conditions and safeguards as deemed necessary may be placed upon the characteristics of operations of such establishments.

(5)

Use or storage of mobile homes.

(6)

Manufactured home, mobile homes, modular homes, and trailers as offices.

5-3.5.

Prohibited uses and structures. The following uses and structures are prohibited in the C-1 Neighborhood Commercial District:

(1)

Any use other than as provided under Section 5-4.2 (page 31) "Permitted principal uses and structures", Section 5-4.3 (page 32) "Permitted accessory uses and structures", or in as permitted by Section 5-4.4 (page 32) "Permitted special exceptions," shall be deemed a prohibited use and/or structure.

(2)

Manufacturing or industrial uses.

(3)

Automobile service stations, repair garages, automotive sales and service including sales or service of used automotive equipment, supplies or parts, service or repair of gasoline or diesel motors.

(4)

Warehousing or wholesaling of products, truck and passenger terminals.

(5)

Lumber and building supply yards; junk salvage, or scrap yards for storage of contractors' supplies or equipment except in connection with active construction projects on the premises.

(6)

Use or storage of mobile homes.

(7)

Manufactured home, mobile homes, modular homes, and trailers as offices.

5-3.6.

Minimum lot area. All permitted and permissible uses and structures: No minimum lot area shall be required except as needed to meet requirements herein.

5-3.7.

Minimum lot width. All permitted and permissible uses and structures: No minimum lot width shall be required except as needed to meet requirements herein.

5-3.8.

Minimum yard requirements. Minimum yard requirements for all structures and uses in the C-1 Neighborhood Commercial District shall be as set forth below:

(1)

Front: 20 feet;

(2)

Side: No side yard is required if buildings are built to side lot line, otherwise at least three feet of side yard width is required, provided, however, that where a lot zoned C-1 is contiguous to a residential zone, a side yard of not less than 15 feet shall be provided on the side contiguous to the residential zone and shall comply with the provisions of Section 6-12.2(1), (page 83);

(3)

Rear:

a.

Permitted and permissible principal structures: 10 feet;

b.

Permitted accessory structures: 5 feet, except where abutting residentially zoned property, in which case a minimum 15 foot rear yard will be required and the provisions of Section 6-12.2(1) (page 83) shall be complied with.

5-3.9.

Maximum lot coverage by all buildings. Maximum lot to floor ratio shall be 80% in the C-1 Neighborhood Commercial District.

5-3.10.

Maximum height of structures.

(1)

Buildings less than 40 feet in height are permitted outright.

(2)

Heights for buildings over 40 feet in height shall be permitted as determined by the Board of Adjustment.

5-3.11.

Minimum off-street parking and loading requirements. Off-street parking and loading requirements as set forth in Article VI (page 66) shall be met.

5-3.12.

Signs. Signs are permitted in the C-1 Neighborhood Commercial District only in accordance with the provisions of Article VII (page 91) Regulations of Signs.

5-4.1.

Intent. This district is intended to accommodate a variety of general commercial and non-residential uses characterized primarily by retail, office and service establishments and oriented primarily to more heavily traveled traffic arteries. Certain related structures and uses are permitted outright or are permissible as special exceptions subject to the restrictions and requirements intended to best fulfill the intent of this ordinance. It is not the intent of this ordinance to encourage the development fronting on major arteries, often referred to as strip commercial areas, but rather to accommodate and control highway commercial uses which are existing.

5-4.2.

Permitted principal uses and structures. The following principal uses and structures are permitted in the C-2 highway commercial district:

(1)

Retail establishments.

(2)

Automobile service stations and service and repair establishments that meet the following:

a.

Service areas must be indoor and contain no more than 10,000 square feet of space;

b.

Exterior storage areas must be fenced, screened, located on the side of or in the rear of the main building and must be used only for temporary storage of items under repair.

(3)

Financial institutions, business and professional offices; secondary warehouse uses permitted only by special exception.

(4)

Eating and drinking establishments, including drive-in restaurants.

(5)

Commercial recreation and entertainment structures and uses, such as theaters, bowling alleys, miniature golf courses, night clubs, and the like.

(6)

Hotels and motels.

(7)

Commercial parking lots and parking garages.

(8)

Commercial printing and job printing establishments.

(9)

Radio stations and television stations.

(10)

Veterinary establishments and kennels provided that all animals are kept within suitably designed, soundproofed, air-conditioned buildings.

(11)

Funeral homes.

(12)

Business and vocational schools not involving operations of an industrial nature.

(13)

Medical and health related centers, clinics, laboratories, pharmacies and offices.

(14)

Community service structures and uses such as community service centers, libraries, fire stations, civic, cultural, or indoor recreational uses.

(15)

Churches and other places of worship, including educational buildings related thereto.

(16)

Clubs, lodges, social, and fraternal organizations.

(17)

Cold storage, freezer locker facilities, but no animal slaughter or food processing.

(18)

Shopping centers and malls.

(19)

Drive-in theater, provided that no portion of the premises shall be less than 500 feet from any residential district.

(20)

Marinas and related facilities, not involving outside storage.

(21)

Automobile washing facility.

(22)

Tire recapping plant, not involving outside storage.

(23)

Sale lots for mobile homes, trailers, vehicles, heavy watercraft and similar merchandise that requires outside display; all such lots shall be limited to 500 feet of highway road frontage.

(24)

Sales lots for vehicles, heavy equipment, watercraft and similar merchandise that requires outside display; all such lots shall be limited to 500 feet of highway road frontage.

(25)

Temporary fireworks stands subject to the provision of Section 6-9 (page 81).

(26)

Laundromats.

(27)

Photo studios, art studios, art galleries, art sales, interior design studios, craft studios, craft sales, antique shops, establishments for teaching of music, dancing and other performing arts.

(28)

Personal service establishments limited to the following uses:

a.

Barber shops and beauty shops.

b.

Shoe repair shops.

c.

Dry cleaning and laundry pickup stations.

d.

Tailoring and dressmaking shops.

5-4.3.

Permitted accessory uses and structures. The following accessory uses and structures are permitted in the C-2 Highway Commercial district:

(1)

Structures and uses which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

b.

Are located wholly on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations not in keeping with the character of the area, or of a nature prohibited under Section 5-4.5 (page 32) "Prohibited uses and structures" for this district.

5-4.4.

Permitted special exceptions. After public notice and hearing, and subject to appropriate conditions and safeguards, the Board of Adjustment may permit, as special exceptions:

(1)

Drive-in eating and drinking establishments.

(2)

Hospitals, sanitariums, nursing homes, rest homes, convalescent homes, homes for orphans, homes for the aged, provided that no such facility shall have lot area of less than one acre, and that no building in connection with such facility shall be closer than 25 feet to any lot zoned residentially.

(3)

Rehabilitation centers.

(4)

Day nurseries and kindergartens subject to the provisions of Section 6-6 (page 78).

(5)

Cemeteries.

(6)

Wholesaling and distribution establishments not involving over 10,000 square feet of area for storage of wares to be wholesaled or distributed.

(7)

Passenger terminals.

(8)

Utility sub-stations, provided that the Board of Adjustment shall impose appropriate conditions and safeguards regarding the site or characteristics of uses potentially incompatible with nearby uses.

(9)

Parks, playgrounds, playfields.

(10)

Self-service storage facilities subject to the provisions of Section 6-8 (page 79).

(11)

Sales lots for mobile homes; all such lots shall be limited to 500 feet of highway road frontage.

5-4.5.

Prohibited uses and structures. The following uses and structures are prohibited in the C-2 Highway Commercial District:

(1)

Any use other than as provided under Section 5-4.2 (page 31) "Permitted principal uses and structures" or Section 5-4.3 (page 31) "Permitted accessory uses and structures" or as permitted in connection with Section 5-4.4 (page 32) "Special exceptions."

(2)

Dwellings.

(3)

Elementary or high schools.

(4)

Any outside storage of any scrap or salvage operations, or for storage or display of any scrap, salvaged or secondhand materials.

(5)

Truck terminals; warehouses containing over 10,000 square feet of space for storage of wares in connection with wholesale or distribution operations; storage or distribution centers for bulk petroleum products.

(6)

Outdoor displays of merchandise in any required yard.

(7)

Manufacturing, industry.

(8)

Use or storage of mobile homes except in mobile home sales agency.

(9)

Manufactured homes, mobile homes, modular homes, and trailers as offices.

5-4.6.

Minimum lot area.

(1)

Uses and structures permissible as special exceptions as required under section 5-4.4 (page 32) "Permitted special exceptions."

(2)

All other structures and uses and uses permissible as special exceptions for which no minimum lot area is required; no minimum except to meet other requirements herein.

5-4.7.

Minimum lot width. All permitted and permissible uses and structures: No minimum lot width required except to meet other requirements.

5-4.8.

Minimum yard requirements. Minimum yard requirements for all structures and uses in the C-2 Highway Commercial District shall be as set forth below:

(1)

Front: 40 feet from right-of-way is required along major streets, as designated by the Town [City] Engineer, 20 feet along other streets.

(2)

Side: No yard is required is required if buildings are built to side lot line, otherwise at least three feet of side yard width is required, provided however, that where a lot zoned C-2 contiguous to a residential zone, a side yard of not less than 18 feet shall be provided on the side contiguous to the residential zone and shall meet the provisions of Section 6-12.2(1) (page 83).

(3)

Rear:

a.

Permitted and permissible principal structures: 10 feet.

b.

Permitted and accessory structures: 5 feet except where abutting residentially zone property, in which case a minimum 15 foot rear yard will be required and the provisions of Section 6-12.2(1) (page 83) shall be met.

5-4.9.

Maximum lot coverage by all buildings.

(1)

All uses and structures: No limitations except as needed to meet other requirements herein.

5-4.10.

Maximum height of structures.

(1)

Buildings up to 40 feet in height are permitted outright.

(2)

Buildings in excess of 40 feet in height are permitted, provided there is an increase of one foot in side, front and rear yards over the minimum side, front, and rear yard requirements for each additional three feet of height.

(3)

Buildings between the height of 40 and 75 feet are allowed as special exceptions if they do not meet the requirements of #2 above.

5-4.11.

Marginal access service road requirement.

(1)

All permitted and permissible uses and structures located in the C-2 Highway Commercial District which abut a major street or highway shall provide a marginal access service road, built to the city's minimum standards, approved by the Town [City] Engineer and state highway department.

(2)

Required marginal access service roads shall be provided within the existing major street right-of-way where possible. In the event that sufficient right-of-way is not available to construct the required marginal access service road within the existing right-of-way the owner shall dedicate additional right-of-way as necessary.

(3)

Required marginal access service roads shall be 24 feet in width with curbs and shall consist of prime, slag and plant mix seal.

(4)

Required marginal access service roads shall be constructed to the property line and shall be a continuation of any existing service road.

5-4.12.

Minimum off-street parking and loading requirements. Off-street parking and loading requirements as set forth in Article VI (page 66) shall be met.

5-4.13.

Signs. Signs are permitted in the C-2 Highway Commercial District only in accordance with the provisions of Article VII (page 91), Regulation of Signs.

5-5.1.

Intent.

(1)

M-1 light industrial. This district is intended to accommodate wholesaling, distribution, storage, processing, light manufacturing, and similarly related business uses and structures. Other uses and structures are permitted outright or are permissible with certain conditions intended to best fulfill the intent of this ordinance.

(2)

M-2 heavy industrial. This district is intended to accommodate wholesaling, distribution, storage, processing, light and heavy manufacturing and similar related business uses and structures. Other uses and structures required to serve the needs of such uses and structures are permitted outright or are permissible with certain conditions intended to best fulfill the intent of this ordinance.

5-5.2.

Permitted principal uses and structures, permitted accessory uses and structures, and permitted special exceptions. The following list details uses for the two industrial zones. Permitted principal uses and structures and permitted accessory uses and structures are signified by an "X," permitted special exceptions are signified by "SE."

5-5.3.

Minimum lot area. All permitted or permissible uses or structures. No minimum lot area required except as needed to meet other requirements herein.

5-5.4.

Minimum lot width. All permitted and permissible structures and uses: No minimum lot width required except as needed to meet other requirements herein.

5-5.5.

Minimum yard requirements. Minimum yard requirements for all structures and uses in the industrial districts shall be as follows:

(1)

Front:

a.

If frontage of lot is 100 feet or more, the required front yard shall be 25 feet.

b.

If frontage of lot is less than 100 feet, the required front yard shall be 25 feet, unless buildings on contiguous lots fronting on the same street have provided front yards of 20 feet or less, in which case the front yard may be less than 25 feet, but not less than the average front yards on contiguous lots fronting on the same street, and in no case shall such front yards be less than 15 feet in depth.

c.

On the corner lots, the secondary front yard shall not be less than 12½ feet in depth; however, provisions for buildings to be erected within the required secondary front yard are the same as stated in letter b above.

5-5.6.

Maximum lot coverage by all buildings. No limitation except as needed to meet other requirements herein.

5-5.7.

Maximum height of structures.

(1)

Buildings up to 40 feet in height are permitted outright.

(2)

Buildings in excess of 40 feet in height are permitted, provided there is an increase of one foot in side, front, and rear yards over the minimum side, front, and rear yard requirements for each additional three feet of height.

(3)

Buildings between the height of 40 and 75 feet may be allowed as Special exceptions if they do not meet the requirements stated in item 2 above.

5-5.8.

Minimum off-street parking and loading requirements. Off street parking and loading requirements as set forth in Article VI (page 66) shall be met.

5-5.9.

Signs. Signs are permitted in the M-1 and M-2 districts only in accordance with provisions of Article VII (page 91), Regulation of Signs.

5-5.10.

Marginal access service road requirement.

(1)

All permitted and permissible uses and structures located in M-1 and M-2 Industrial Zoning districts which abut on a major street or highway, as designated by the Town [City] Engineer, shall provide a marginal access service road, built to the standards required by the Town [City] Engineer and by the state highway department.

(2)

Required marginal access service roads shall be provided within the existing major street right-of-way where possible. In the event that sufficient right of way is not available to construct the required marginal access service road within the existing right-of-way, the owner shall dedicate additional right-of-way as necessary.

(3)

Required marginal access service roads shall be 24 feet in width with curbs and shall consist of prime, slag, and plant mix seal.

(4)

Required marginal access service roads shall be constructed to the property line and shall be a continuation of any existing service road.

5-6.1.

Intent. The intent of the planned unit development (PUD) district regulations is to permit greater flexibility and consequently, more creative and imaginative design for the development of residential, commercial, and industrial areas than generally is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices and land uses in orderly relationship to one another, a higher level of urban amenities, and preservation of natural scenic qualities of open spaces.

5-6.2.

Objectives. In pursuit of these purposes, the objectives to be met by a planned unit development are as follows:

(1)

Land use control. The location of all residential, commercial, industrial, and other uses, school sites, parks, playgrounds, recreation areas, and open spaces shall be controlled in such a manner to permit variety yet with an orderly relationship to one another;

(2)

Creative design. To encourage innovative and diversified design in architectural styles, building forms, building relationships, and total and individual site development;

(3)

Flexibility. To permit greater flexibility in the location and arrangement of buildings and uses than is generally possible under conventional zoning regulations;

(4)

Efficient land use. To encourage the most efficient and economical use of unified tracts of land, especially tracts in the inner part of the city that remain undeveloped or that are appropriate for redevelopment;

(5)

Environmental. To preserve and protect as urban amenities the natural features and characteristics of the land;

(6)

Quality. To ensure a quality of construction with other developments in the city and provide an environment of stable character compatible with surrounding areas;

(7)

Open space/social/recreational uses. Through efficient design to provide for more usable, accessible and suitably located common open spaces, social and recreational facilities than would otherwise be provided under conventional land development procedures;

(8)

Public facilities. To assure the provisions of adequate drainage, sewerage, water, and other utilities;

(9)

Access and traffic. To assure the provisions of adequate streets, and of safe and convenient traffic access and circulation, both vehicular and pedestrian; and

(10)

Dedication or reservation for public use. To assure the provision of adequate public building sites through the dedication or reservation of land for recreation, educational and other public purposes.

5-6.3.

Definitions and terms used in this section.

(1)

Open spaces. The parcel or area of land or water essentially unimproved, and reserved for the perpetual public or private use and enjoyment or for the perpetual use and enjoyment of owners and occupants of land adjoining or neighboring with open space. "Open space" includes:

a.

Land area of the site not covered by buildings, parking structures, and building lots, or accessory structures.

b.

Land which is usable, accessible and available to the occupants of dwelling units for whose use the space is intended.

c.

Roof areas developed for social/recreational use.

"Open space" does not include:

a.

Proposed street rights-of-way.

b.

Open parking areas and driveways for dwellings or other structures.

c.

Social/community buildings and parking and driveways related thereto.

1.

School sites.

2.

Commercial/industrial areas and the buildings, accessory buildings, parking and loading facilities for these commercial areas.

3.

Any part of the development designated as a yard or a building lot of a subdivision plat and intended for the private and exclusive use and enjoyment of individual owners.

(2)

Land Owner. The legal or beneficial owner or owners of all the land in question. The holder of an option or contract to purchase a tract of land, or a tenant under a lease to a tract having a remaining term of at least 50 years shall be deemed to be the legal beneficial owner of the tract involved provided the legal owner or owners consent in writing to the rezoning of such tract as part of a Planned Development district. The holder of an option or contract to purchase a tract of land shall show evidence of full ownership interest in all of the land in question before approval of the preliminary site plan.

(3)

Planned development districts, PUD districts, or the districts. The land zoned for the development of a planned unit development under the provisions of this section.

(4)

Planned unit development is:

a.

A process, not a product, designed to provide a variety of alternatives for better development;

b.

An area with a specified minimum contiguous acreage to be developed as a whole according to an approved plan, containing one or more residential clusters or planned unit residential, commercial, or industrial areas in such range or rations of nonresidential uses as shall be specified in this section;

c.

Perfected according to approved plans that include not only sewers, drainage, streets, utilities (telephone, water, cable, etc.) lots and/or building sides, street lighting, but also typical floor plans and elevations for all buildings as intended to be located constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings;

d.

Established with a program for provision, operation, and maintenance of such areas, improvements, facilities, and services as will be for common use by some or all of the occupants of, or visitors to the district, but will not be provided, operated, or maintained at general public expense;

e.

For purposes of this section all of the following; condominiums; condominium conversions, cluster subdivisions, townhouse developments not in compliance with traditional zoning regulations; and all other such developments not in compliance with traditional zoning regulations.

(5)

Social/recreational uses. Areas either open or enclosed and perpetually reserved for the use and enjoyment of all the owners and occupants of the planned unit development. Social-recreational uses include, but are not limited to:

a.

Common recreation and social areas and structures such as athletic fields, game rooms, theaters, swimming pools, meeting rooms, tennis courts, and marinas.

b.

Common utility use areas and structures such as car wash areas, laundry units and storage facilities.

(6)

Private use area. Areas either open or enclosed associated with a private unit for dwelling, commercial-industrial structure or use where the said area is limited to the occupants or owners of the unit or building.

5-6.4.

Application of planned unit development section. The provisions of this section shall apply only to a tract to be developed consisting of specified contiguous acres within designated zone, which track is under single ownership, and for which an application for a planned unit development is made as hereinafter provided. Public roads, rights-of-way and easements shall not be deemed to divide acreage for this purpose.

5-6.5.

Types of planned unit development districts.

(1)

One planned unit development district is designated: PUD-1 is intended to accommodate primarily residential uses with neighborhood commercial uses integrated into the design of the district as secondary uses.

(2)

Intent: The types of nonresidential uses allowed in PUD-1 zone is based on the premise that increased site size will allow proper design including functional inter-relationships, buffer treatments separating uses with potentially incompatible characteristics of such planned unit developments with uses in adjacent districts. It is the intent of this section that such design and planning features be incorporated properly into the planned unit development districts hereinafter created and that the planning and zoning commission shall consider the existence and appropriateness of such features before any amendment to the zoning map is adopted by city council to create such district.

5-6.6.

Sizes of Planned unit development districts.

(1)

PUD-1 The minimum tract size for a planned unit development one (PUD-1) is two (2) acres. No maximum is specified.

5-6.7.

Permitted uses and structures in planned unit development districts.

(1)

PUD-1. In PUD-1 districts any permitted principal use, accessory use, or permitted special exception specified in the following districts are permissible:

a.

RS-1, RS-2, RS-3

b.

RG-1, RG-2

c.

C-1, C-2

5-6.8.

Location of uses. No use shall be permitted at any time after final approval except at the specific location shown on the final site plan. No building or other structure shall be erected except at the specified location shown for such structure on a final site plan or used for any purpose other than the specified use designated for such structure on an approved final site plan.

5-6.9.

Ratio of uses in the PUD-1 district.

(1)

At least 40 percent of the total gross acreage shall be devoted to residential uses.

(2)

Not more than ten percent of the total gross acreage shall be devoted to commercial uses.

(3)

At least 15 percent of the total gross acreage shall be devoted to open space uses.

(4)

At least 0.03 acre per residential dwelling unit up to 15 percent of the total gross residential acreage shall be devoted to social and/or recreational uses.

(5)

Acreage sufficient to adequately serve the planned unit development shall be devoted to streets, roads, utilities, and drainage.

5-6.10.

Density permitted. The proposed type of residential use or uses to be contained in the planned unit development thereof shall determine the residential density or densities most appropriate to any overall development or any delimited portion. No planned unit developments shall contain higher densities per type of residential use than the following:

PUD-1

Single-family detached: 5 units per acre

Attached and multi-family: 12.0 units per acre

To be classified as attached or multi family, dwelling units must be physically connected by a common roof, foundation and wall, not by walkways, breezeways, roof overhangs and the like. Attached units must be constructed with firewalls separating each unit.

The total gross acreage used in computing overall or specific area maximum residential densities shall be exclusive of land which is devoted to other uses, as specified in sections 5-6. 6, 5-6.7 and 5-6.8, (page 44). In planned developments where the residential uses of the land (single-family detached, attached or multi-family) cannot be readily segregated for the purposes of calculating density, computation shall be based upon the ratio of the number of units in each category to the overall land available for density calculations.

5-6.11.

Exemptions from specific regulations.

Because planned developments must receive specific design approval from the planning and zoning commission, and to allow for more innovative approaches to the development of the area, planned unit developments are exempt from specific regulations as follows:

(1)

Except as expressly provided in this section, there shall be in the planned unit development districts no minimum lot width; no maximum percentage of lot covered by buildings; no minimum yard setbacks; and no maximum height requirements; except as may be required by the planning and zoning commission.

(2)

Required public street frontage, as set forth in subdivision regulations, shall not apply in the planned unit development districts where the method of tenure is rental or lease. However, access shall be provided from the site of every use to a public street or to a system of private streets and ways connecting with the public street system. For planned unit developments where lands, structures, portions of structures or land and structures in combination are to be sold, subdivision regulations shall remain in effect and all principal structures shall abut on a public street.

(3)

Except as provided in this section, all other regulations contained in the zoning ordinance shall apply in planned unit development districts including the off-street parking requirements specified for type of use.

5-6.12.

Locational and design standards.

(1)

Location standards. A planned unit development shall meet the following location standards:

a.

General compatibility. The tract of land to be occupied by the planned unit development shall be so located that the proposed uses and the site development of the planned unit development will be generally compatible with the uses and development of adjacent and neighboring tracts in the area.

b.

Transportation facilities. The tract shall be so located with respect to major streets and collector streets as to have access to them without generating excessive traffic along minor streets outside the planned unit development. No planned unit development shall be located on a local or minor street as classified by the major street plan unless, in the opinion of the planning and zoning commission, the density of the proposed planned unit development would not have an adverse impact upon traffic on such streets.

c.

Environment. The tract shall be suitable for development of the proposed uses and buildings with respect to the nature of the soils and topography. Existing natural and manmade features of the site, such as trees, groundcover, waterways, scenic, archaeological, historical sites and the like, shall be preserved and protected to the greatest extent possible.

1.

The location of larger trees must be considered when planning the open space, location of buildings, underground services, walks, paved area, playgrounds, parking areas, and finished grade levels.

2.

The planning and zoning commission shall inquire into the means whereby trees and other features will be protected during construction. Excessive site clearing of topsoil, trees, and natural features before commencement of building operations will be discouraged by the commission.

3.

Floodway areas as delineated on the zoning maps of the city shall be preserved as permanent open space in accordance with all provisions of this ordinance, and shall be in addition to all other open space requirements of this section.

4.

A grading plan shall be required by the planning and zoning commission, which will confine excavation, earthmoving procedures, and other changes to the landscape in order to ensure preservation and prevent despoliation of the character of the area to be retained as open space.

5.

The planning and zoning commission shall require the landowner to prepare and submit for its review an environmental impact statement when known natural, historic, or archaeological sites and other unique site characteristics are threatened by the proposed planned unit development.

5-6.13.

Design standards. A planned unit development shall meet the following design standards:

(1)

[Construction.] Generally, all planned unit developments shall be constructed in accordance with the minimum design standards of the city engineer and shall be approved by him prior to actual construction of any improvements in the planned unit development. Minimum design standards of the city engineer, for the purposes of this section, shall be in the same design standards as found in the Moundville subdivision regulations as the same may be amended and to the extent that they are applicable. These minimum design standards shall include, but may not be limited to, the following; general requirements for streets, rights-of-way and easements; minimum design requirements for streets; design requirements for drainage and storm sewers; design requirements for sanitary sewers; water facility requirements, and erosion control measures.

(2)

Circulation. The internal traffic circulation shall be so designed as to discourage through traffic on minor streets both within and outside the site. Vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazard to vehicular and pedestrian traffic. The pedestrian circulation system shall be designed to separate as completely as possible pedestrian and vehicular movements, especially in respect to the safety of pedestrian movement between dwelling units and open space, social, or recreation areas. Street crossings shall be held to a minimum. Internal traffic systems should be innovative, functional and unify the various elements by tying them together through a well-integrated network of streets and pedestrian ways. The Planning and Zoning Commission shall consider adjacent street systems and intersections and be careful to avoid overloading existing facilities beyond their designed capacity by permitting too high densities in a planned unit development. Permitted densities allowed by Section 5-6-10 (p.45) may be reduced by the Planning and Zoning Commission if evidence indicates a probable overloading of existing or proposed streets, utilities, public schools or other public or semipublic facilities.

(3)

Building spacing and access. Space between buildings shall be adequate so as not to create a health and safety hazard, collect trash, allow for routine maintenance between buildings, and provide access for emergency vehicles. If structures are not built to the side lot line or attached, a minimum of five feet shall be required between all structures.

(4)

Parking areas. All parking areas excluding those for one and two family residential structures shall be:

a.

Arranged so as to prevent through traffic to other parking areas;

b.

Screened from adjacent structures, roads, and traffic arteries with hedges, dense planting, earth berms, changes in grades; and

c.

Adequately lighted: all such lighting shall be so arranged as to direct light away from adjoining residences.

(5)

Public facilities and utilities.

a.

Landowners desiring to establish a planned unit development under the provisions of this section shall provide satisfactory evidence of the availability of sanitary sewerage and water at the time of application for a zoning amendment for the planned unit development district.

b.

There shall be provided in each area of the planned unit development district facilities for storm drainage that shall conform to all applicable laws and regulations of the city and state.

c.

Electrical and telephone wires shall be underground.

(6)

Open space/social/recreational facilities.

a.

All social, recreational and community use areas shall consist of land accessible and usable for its intended uses. At least one-half of the social-recreational area at a location must be approved by the planning and zoning commission on the preliminary site plan.

b.

Open space and social/recreational and community uses shall have not less than 20 feet of frontage on a public street. Satisfactory access to fire equipment and open space maintenance equipment shall be provided.

c.

All open space uses shall consist of usable land, at least one-half of which shall have a slope less than 15 percent. No more than 22 percent of all open space shall be devoted to lakes, ponds, and similar water uses.

d.

Usable open spaces shall be distributed more or less equitably throughout the planned unit development in relation to the dwelling units of the people they are intended to serve. Open space may be enhanced by walkway systems or greenways linking them to one another.

e.

When, in the opinion of the Planning and Zoning Commission, significant natural amenities exist on the site, the commission shall have the authority to enforce their preservation by designation as open space.

f.

Areas designated for open space uses and social/recreational and community uses shall be reserved and properly maintained for such uses by adequate covenants running with the land deeds of dedication.

g.

The covenants and articles of incorporation of the corporation established to own and maintain such open space and social and recreational and community uses shall be submitted for approval with the application for preliminary site plan approval and shall include, as a minimum the following:

1.

Membership shall be mandatory for each buyer and any successive buyer;

2.

The open space restrictions must be permanent and perpetual;

3.

The corporation must be responsible for liability insurance, local taxes, and the maintenance of recreation and other facilities.

4.

Owners must pay their prorated share of the cost; the assessment levied by the corporation shall become a lien on the property if unpaid.

5.

The corporation must be able to adjust the assessment to meet changed needs.

6.

The corporation shall not be dissolved nor shall it dispose of the open space and social and recreational and community uses, by sale or otherwise, without first offering to dedicate the same to the public.

7.

Detailed plans for the developed social/recreational facilities shall be submitted to and approved by the planning and zoning commission prior to and included with the submission of the general development plan, including detailed descriptive statement, and prior to and included in the phased preliminary site plans and preliminary plan.

8.

A proper proportion of the total developed social/recreational area will be included with each phase of the development according to the general development plan and will not be deferred to a later phase.

(7)

Developed recreation area.

a.

Requirements for developed recreation areas may vary with the needs of the anticipated residents, the distance from other recreational facilities, the density and size of the development, the topography, soil conditions, existing natural environment, and other factors.

b.

In some cases, the area and facilities may be divided in more than one location or facilities grouped on one location.

c.

Recreational area and facilities may be located in terrain unsuitable for residential development but access thereto, year-round suitability and unsuitability must be answered.

d.

The type and number facilities may vary depending on age groups, numbers of residents, densities and other factors.

e.

Normally, areas and facilities will be located to preclude adverse impact on the primary nearby residences and with due regard for safety, convenience, and hazards.

f.

As a normal minimum, such areas should include passive and active facilities including but not limited to picnic areas, trails, benches, gazebos, barbecue grills, tennis/volleyball courts, child and kiddies' play areas with equipment, portable water fountains, swimming and wading pools, fishing ponds, saunas and specified exercise rooms (indoor), indoor recreation rooms, community social halls and other facilities to fill recognizable needs of the neighborhood.

(8)

Planned development perimeters.

a.

The design of the planned development shall consider and provide protection from adverse effects of adjacent land uses as well as protection of adjacent land uses from adverse effects of the planned development.

b.

When a planned development adjoins an existing developed residential district, the adjoining perimeters of the proposed planned unit development shall be planned and developed in accordance with all requirements of the existing residential district.

c.

No structure shall be erected within 20 feet of any external lot line of any planned unit development district where the adjoining property is zoned commercial or industrial. Where adjoining property is zoned residential, the setback shall be 35 feet.

d.

Buffers or screens and planting easements, which bar access between land uses, deemed to be incompatible shall be required.

e.

The Planning and Zoning Commission shall prohibit intensive recreational or commercial use near the boundary of any adjacent low-density residential zoning district.

(9)

Nonresidential development.

a.

Any nonresidential development in a PUD-1 zone shall be planned as an integral part of the planned unit development and shall be for the expressed service and convenience of the residents of the planned unit development. The Planning and Zoning Commission shall require the landowner to prepare and submit for review a market study when it is doubtful that the existing and proposed development can support the proposed nonresidential use.

b.

Nonresidential development, whether located well within the planned unit development or at the edges of the planned unit development, should compliment surrounding residential development and blend into the total scheme, avoiding a harsh contrast to its surroundings, either in design or in its activity effects.

c.

Loading, outdoor storage, and refuse collection areas shall be screened, fenced, or otherwise shielded from adjacent development as required by the planning and zoning commission.

(10)

Landscaping. Professional landscaping, with trees and foundation plantings, shall be provided on individual lots and building sites.

(11)

Phasing and sequence development. Planned unit development districts may be developed in approved phases, provided each phase of development can stand on its own as a complete unit, meeting the requirements of the applicable planned unit development district for density, open space, social/recreational facilities, and nonresidential facilities, and provided the following standards are:

a.

Open space and social and recreational facilities shall be developed in proportion to the number of dwelling units intended to be developed during any given phase of construction as approved by the planning and zoning commission.

b.

At no time during the construction of the planned unit development shall the number of constructed dwelling units per acre of developed land exceed the overall density per acre established by the planned development district.

c.

No building permit for any retail business or industrial operation shall be issued nor shall any building be used for retailing or industrial purposes prior to the construction of at least 25 percent of all proposed residential dwelling units in the planned unit development.

d.

The building inspector shall review, at least once every six months, all building permits issued and compare them to the approved overall development phasing program. If the building inspector determines that the rate of construction of residential units or nonresidential units or nonresidential structures substantially differs from the approved phasing program, he shall notify the landowner/developer in writing. Therefore, upon continued apparent violation of this subsection, the matter shall be referred to the Planning and Zoning Commission for review and action. The Planning and Zoning Commission shall have the authority to suspend the landowner/developer from further construction of dwelling units or nonresidential structures until compliance is achieved.

5-6.13.

Procedures for the establishment and development of a planned unit development.

(1)

Pre-application conference. Prior to the filing of an application for a zoning amendment, a pre-application conference shall be held. The purpose of the conference is to consider informally the concept of the proposed planned unit development, its relation to the district in which the site is located, and the way in which it will meet the objectives of this section.

The chairman of the Planning and Zoning Commission shall be responsible for arranging the pre-application conference, which shall be attended by the landowner-developer or his representative, and at least one member of the Planning and Zoning Commission, designated by the said commission. The chairman may invite the attendance of department or agency heads or administrative officials having an interest in the different aspects of the planned unit development (city engineer, public works director, building inspector, fire chief, police chief, park and recreation board chairman, school board, etc.).

No specific documents are required for the pre-application conference but the landowner shall be responsible for providing sufficient information on which to base tentative conclusions as to the appropriateness and feasibility of the proposed planned unit development under the provisions of this section. No statement made or information given during such pre-application conference shall be binding on the city or the landowner, but a record shall be kept of recommendations made and a copy of such record shall be provided to the landowner, others in attendance, the city council and the planning and zoning commission.

(2)

Application for zoning amendment. No land shall be zoned or rezoned as a planned unit development district except by the application of the landowner. The procedures described in Article XI (page 106) of the zoning ordinance shall be followed for a zoning amendment.

The following factors shall be taken into account in the consideration for the application for zoning amendment by the planning and zoning commission:

a.

The appropriateness of the location of the proposed planned unit development.

b.

The effect of the proposed planned unit development district on the city and on property adjacent to the proposed planned unit development district.

c.

The total acreage of the proposed planned unit development district.

d.

The major planning and development assumptions for the proposed planned unit development district.

e.

Such other factors as the Planning and Zoning Commission and the city council deem relevant.

(3)

Effect of planned unit development district zoning. Adoption of an ordinance by the city council amending the official zoning map to provide for a planned development district is authorization for the landowner to proceed with the preparation of a general development plan for the property to be reviewed and approved by the planning and zoning commission and city council.

(4)

General development plan. The landowner shall submit for approval by the Planning and Zoning Commission and subsequently, the City Council, a general development plan within six months after approval of the rezoning for planned unit development. A planned unit development may be constructed in phases, but the general development plan shall include the entire tract of land zoned planned unit development district. Failure to submit the general development plan in the time period specified shall result in an automatic revocation of rezoning.

The general development plan shall consist of two parts: a generalized scaled drawing(s) and a descriptive statement. Generalized scaled drawing:

1.

The generalized drawing or drawings shall cover the entire planned unit development district and shall as a minimum, include the following information:

2.

Show the general pattern for development, including the relationship proposed between the various permitted used within the planned unit development and areas surrounding the planned unit development area;

3.

Show the location of various uses in generalized fashion as illustrative of the planning scheme to be followed (see section 5-6.13 (page 53), location and design standards); and

4.

If the planned unit development is to be developed in phases, illustrate the geographical area for each proposed phase and number each phase in proposed sequence of development. The gross acreage within each phase shall be shown.

Descriptive statement shall include:

1.

The landowner's name, address, and the name, address and the interest of every person represented by the landowner in the application; the name and address of the owner or owners of all land and buildings; and sufficient evidence to establish that the landowner and those he represents own the land area and buildings.

2.

A statement of the major planning assumptions and objectives of the proposed development.

3.

A statement of the range of percentages of the total land area intended to be devoted to residential uses, commercial uses, industrial uses, open space uses, social and recreational and community uses, and street drainage, utilities and roads.

4.

A statement of the intended overall maximum density of population of the development expresses in terms of the average number of dwelling units per gross acre within specific areas of the planned unit development district, giving special consideration to compatibility with contiguous residential and other zoning districts, whether developed or undeveloped.

5.

A legal description of the proposed development boundaries.

6.

Total number of acres in the development.

7.

Description of open space, social and recreational and community facilities and adequacy thereof to serve anticipated demand.

8.

A statement as to whether the entire planned unit development, or any portion thereof, will be held in one ownership (individual, partnership, corporation, or other) or subdivided and sold in individual parcels of land with dwelling unit(s) or other building(s).

9.

Approximate number of structures or units of various types.

10.

A description of the proposed procedures of the corporation, association or other group maintenance or group ownership features which may be included (see section 5-6.13, page 53, for requirements of these corporations).

11.

A statement of the economic feasibility or a market analysis, as appropriate to the size and nature of the planned unit development.

12.

A statement of the way in which the proposed planned unit development will achieve the objectives set forth herein for planned development districts including a description of its character, its design standards, its relation to surrounding areas, its administrative procedures, and other such information or descriptions as may be deemed reasonable appropriate for Planning and Zoning Commission review.

13.

Comprehensive phasing plan. If a planned unit development district is proposed to be developed in phases, a detailed written comprehensive plan for the phasing of the entire development shall be submitted to the Planning and Zoning Commission for review and approval. The comprehensive phasing plan shall include, as a minimum, the following detailed information:

a.

Description of uses within each phase along with calculations illustrating the required ratio of uses for the particular geographical area.

b.

Total gross acreage within each phase.

c.

Detailed time schedule indicating approximate dates when construction of public improvements and structures within each phase can be expected to be begun and completed, including social-recreational, community and/or open space structures and uses. The time limits established for submission of a preliminary site plan and beginning construction of public improvements shall be considered when preparing this time schedule:

a.

Approval of the general development plan for all planned unit development districts. The Planning and Zoning Commission shall act on the general development plan and approve, approve with modifications, or disapprove the plan. Final approval of the general development plan must be by the Planning and Zoning commission.

b.

Effect of general development plan approval. Receipt of written approval of the general development plan from the Planning and Zoning Commission and the City Council authorized the landowner to proceed with preparation of a preliminary site plan for the entire planned development or for the first phase thereof. Failure to submit the preliminary site plan within one year after approval of the general development plan will result in automatic revocation of the rezoning. If the planned unit development includes the subdivision of land, a preliminary subdivision plat shall also be submitted in accordance with the provisions of the Moundville subdivision regulations.

c.

Preliminary site plan for all planned unit development districts. No permit shall be issued for work on any improvement in the entire planned unit development or in any phase or area of a planned unit development district until a preliminary site plan has been approved by the Planning and Zoning Commission for the entire planned unit development or a particular approved phase. If a planned unit development is to be developed in phases, a preliminary site plan shall be submitted for each phase in accordance with the previously approved general development plan's comprehensive phasing plan.

If the planned development involves the subdivision of land (if lots or other parcels are to be sold or otherwise divided for the purpose of building development), application for approval of a preliminary plat of the subdivision shall be made, in accordance with the Moundville subdivision regulations, at the same time and on the same drawing as the preliminary site plan required by the (this) section; or the preliminary site plan and the preliminary plat may be submitted separately.

The preliminary site plan shall be drawn as a scale of at least 100 feet to one inch and shall include a graphic scale, north point, and date. The preliminary site plan shall set forth:

1.

The relationship of the particular geographical area or phase to the general development plan (if applicable).

2.

The specific location of all uses and the shape, dimension and location of all buildings and structures (including models) and property lines, existing and proposed.

3.

The location and size in acres or square feet of all public schools, parks, playgrounds, recreational facilities or other public or social community or recreational uses.

4.

The location and size in acres or square feet of all areas designated for open space uses.

5.

The topography by contours at vertical intervals of at least five feet and extending at least 100 feet outside the tract. The city engineer shall have the authority to require vertical intervals up to two feet, if deemed necessary.

6.

The proposed major contour changes in areas, which are to be substantially cut and/or filled.

7.

The location of all public or private streets and roads, pedestrian circulation system, off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, existing and proposed.

8.

The profile of proposed streets showing natural and finished grade.

9.

The size and location of existing sewers, water mains, drains, culverts, or other underground facilities within or adjoining the tract.

10.

The acreage of each drainage area affecting the proposed development.

11.

The preliminary plan of sanitary sewer system with pipe size, grade and invert elevations, location of manholes, and points of discharge.

12.

The preliminary plan of storm sewer system with pipe sizes, grade and invert elevations, location of manholes and outlets. Storm sewers shall be sized to accommodate runoff from a 100-year frequency flood.

13.

The location and size of existing and proposed easements.

14.

The preliminary plan of water supply system with pipe sizes and location of hydrants and valves.

15.

Location of electric, gas, cable and telephone lines.

16.

Location of any watercourses, floodplain areas, unique natural or manmade features, and forest cover.

17.

Preliminary building elevations, sections and floor plans and site sections to sufficiently relay the basic architectural intent and character of the subject.

18.

A general landscape plan indicating the treatment of materials to be used for individual private sites, common open spaces, social and recreational and community areas, and nonresidential areas.

19.

The proposed treatment of the perimeter of the planned unit development, including materials and techniques such as screens, plantings, fences, earth berms, and walls.

20.

The location of city limit lines, if applicable.

21.

In addition, there shall be furnished a computation of acreage to be devoted to each use intended in the planned unit development or phase together with a computation to the total acreage for such uses shown in any previous preliminary plans. If the accumulated percentage for any permitted use exceeds that allowed in the general development plan, construction for such use shall not proceed until and unless an amended general development plan shall be approved by the Planning and Zoning commission and City Council.

d.

Standards for sub-phase development.

1.

Development within a particular phase of a planned unit development shall progress in an orderly sequence so as to preserve the concept of a planned unit development and facilitate continuity within the particular sub-phase.

2.

A logical, orderly sequence of construction of units shall be illustrated on the preliminary site plan by designating the direction and sequence in which the construction of units will proceed and shall be approved by the planning and zoning commission as part of the preliminary process.

3.

A written detailed time schedule indicating approximate dates when construction of units within each sub-phase can be expected to be begun and completed, including social/recreational and/or open space uses and structures, shall be submitted for review and approval by the Planning and Zoning Commission.

e.

Approval of the preliminary site plan for all planned unit development districts.

1.

The landowner shall submit at least four copies of the preliminary site plan along with the necessary supporting data to the Planning and Zoning Commission for approval. The landowner may be required to submit additional copies of the preliminary site plan on request from the planning and zoning commission.

2.

The Planning and Zoning Commission shall take action to approve, disapprove or approve with modifications the plan at any regular or special meeting, but final action of the commission shall come no later than 60 days after submittal to the Planning and Zoning commission at a scheduled meeting.

3.

The Planning and Zoning Commission shall not act to override the requirements of other agencies. The commission may seek to bring agreement in cases of conflict between the various reviewing agencies and the landowner.

f.

Effect of preliminary site plan approval.

1.

Receipt of written approval of the preliminary site plan from the Planning and Zoning Commission (and preliminary plat of a subdivision, if the land is to be subdivided) authorizes the land-owner to seek a permit from the city engineer for construction of any public improvements upon satisfactory data submitted showing compliance with the minimum design standards. Construction shall be under the direction and supervision of the city engineer. Building permits from approved models may be issued at this time.

2.

If construction on required public improvements is not initiated in earnest within one year of preliminary site plan approval, the planned unit development district zone will automatically revert to its former zoning classification.

g.

Final site plat for all planned unit development districts.

No building permit, other than approved model units, shall be issued and no parcels of land, structures, portions of structures or land, structures, portions of structures of land and structures in combination shall be conveyed until the landowner has received approval of a final site plan (and final plat of the subdivision, if the land is to be subdivided) by the Planning and Zoning Commission

If the planned development involves the subdivision of land (if lots or other parcels are to be sold or otherwise divided for the purpose of building development), application for approval of a final plat of the subdivision may be made in accordance with the Moundville subdivision regulations at the same time and on the same plat or the final site plan and the final subdivision plat may be submitted separately.

The final site plan shall conform substantially to the approved preliminary site plan and may be submitted to the Planning and Zoning Commission chairman at any time after the completion of roads, sewers, storm drainage facilities and other required improvements.

If the preliminary site plan was divided into phases, a final site plan for each phase shall be submitted to the zoning board at any time after the completion of roads, sewers, and storm drainage facilities.

The final site plan shall be drawn at a scale of at least 100 feet to one inch and shall include a graphic scale, north point, and date. As a minimum, the final site plan shall show the following:

1.

The relationship of the planned unit development or any phase to the general development plan and preliminary site plan.

2.

The specific location of all uses and the shape, dimensions, and location of all buildings and property lines, existing and proposed.

3.

The location and size in acres or square feet of all public schools, parks, playgrounds, recreational facilities and other public or social uses.

4.

The location and size in acres or square feet of all areas designated for open space and social/recreational uses.

5.

Approved names of streets and lot and block number if applicable.

6.

Sufficient data to determine readily on the ground the location, bearing and length of every road centerline or parcel boundary line whether curved or straight. This shall include the radius, central angle, and tangent distance for the centerlines of curved streets. Curved property lines shall show arc or chord distance and radii.

7.

All dimensions to the nearest one-tenth of a foot and angles to the nearest minute.

8.

Final plans for sewer system, storm sewer system, water system, electrical, gas, and telephone lines.

9.

The location and dimension of any easements.

10.

The minimum setback lines.

11.

The location of monuments.

12.

References to recorded subdivision plats on adjoining platted land.

13.

The location of city limit lines, if applicable.

14.

Location of any watercourses and floodplain areas.

15.

Building elevations, sections and floor plan and site sections in final form.

16.

Landscape plan and perimeter treatment in final form.

17.

An executed copy of the covenants or other legal instruments setting forth the plan or manner of permanent care and maintenance of common open space, recreation areas and other common facilities.

h.

Approval of the final site plan.

1.

The landowner shall submit four copies of the final site plan, along with necessary supporting data for approval. The landowner may be required to submit additional copies of the final site plan on the request from the Planning and Zoning Commission, the City Council or their agents acting on their behalf.

2.

The Planning and Zoning Commission shall take action to approve, disapprove, or approve with modifications, the plan at any regular or special meeting, but final action of the commission shall come no later than 60 days after submittal to the commission at a scheduled meeting.

3.

In approving a final site plan, the Planning and Zoning Commission shall specify the dates by which construction of all approved structures in the planned unit development shall be begun and completed. If structures are to be constructed in phases, the dates for beginning and completing each phase shall be specified. If the landowner does not begin and complete the construction of structures by the dates specified, the Planning and Zoning Commission shall review the case and shall upon showing of good cause by landowner:

(1)

extend time limits;

(2)

revoke the approval; or

(3)

amend the planned unit development.

4.

Upon the approval of a final site plan by the Planning and Zoning Commission, the plan shall be signed by the chairman of the Planning and Zoning Commission and the city engineer and returned to the landowner. The secretary of the planning and zoning commission shall keep at least one print as a permanent record.

The final site plan, with attendant documentation, shall thereafter be binding upon the landowner, his heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates and shall restrict and limit the use and operation of all land and structures within the planned unit development to all conditions and limitations specified in such plan and the approval thereof.

i.

Effect of a final site plan approval. Receipt of written approval of the final site plan, along with a copy of the plan signed by the chairman of the Planning and Zoning Commission and the city engineer, from the Planning and Zoning Commission (and final plat of a subdivision, if the land is to be subdivided) authorizes the landowner to record the plat in the office of the probate judge of the appropriate county, to transfer lots in the subdivision, to seek building permits for structures to be erected on any lot and to transfer buildings or portions of buildings.

j.

Surety in lieu of completion of improvements. In lieu of the completion of the site improvements (i.e., water and sewer systems, public roads and storm drainage structures) the landowner shall submit surety in an amount equal to 1½ times the estimated cost of all such improvements as follows:

The term "surety" as used in this section shall be deemed to include the deposit of cash with the city administrator in the appropriate amount required under this section; the delivery of a standby letter of credit issued by a financial institution licensed to do business in the State of Alabama, the form and substance of which is acceptable to the city clerk and city attorney and the Planning and Zoning Commission; or the delivery of a surety bond in favor of the city approved by the city clerk, city attorney and the Planning and Zoning Commission and issued by a company authorized to issue surety bonds in the State of Alabama. Said bond shall also include such other forms of cash collateral or obligations as to form and substance approved by the city clerk, the city attorney, and by the Planning and Zoning Commission from time to time.

k.

Changes in the final site plan.

Minor changes in the location and siting of buildings and improvements may be authorized by the Planning and Zoning Commission if required by engineering or other circumstances not foreseen at the time the final site plan was approved; provided, however, that no change shall be authorized which may substantially alter the use and character of the development, increase the overall coverage of land by the building, reduce the amount of open space, or (in a residential planned development) reduce the building site area per dwelling unit (increase the density). Where minor changes involve changes in an approved subdivision plat, the form and content of such changes shall meet the requirements of the subdivision regulations.

All changes other than minor changes in the final site plan shall be considered to be amendments to the plan and shall be subject to the same procedures specified for approval of a preliminary site plan and a final site plan. If, for reasons beyond the control of the landowner, the approved final site plan cannot be implemented within the approved time schedule, the Planning and Zoning Commission shall, upon recommendation of the building inspector, consider revoking the planned unit development district zoning classification for the balance of the property which remains undeveloped and recommend its original zoning classification be reestablished.

l.

Inclusion of additional land to planned unit development district. At any time after the approval of a planned unit development district, the landowner of an existing planned unit development district may file an application to add land adjacent to the existing district. Such new petition shall be subject to all of the provisions of this section, except that the minimum area requirements under sections 5-6.9 (p.45), 5-6.10 (p.45), 5-6.11 (p.45), and 5-6.12 (p.46) shall apply to the entire planned unit development district and not just the addition.

m.

Variances from and interpretations of this section. The building inspector shall administer and enforce the planned unit development district regulations. It is the intent that all questions of administration and enforcement shall first be presented to the building inspector and that such questions shall be presented to the Board of Adjustment only upon reference by, or appeal from, the building inspector. The Board of Adjustment has exclusive authority to grant variances from the terms of this section upon demonstration by the petitioner of an unnecessary hardship and to make interpretations of this section.

5-6.14.

Subdivision regulations to remain in effect. The provisions of the (this) section shall not constitute in and of themselves approval of a land subdivision plat as required by the subdivision regulations of Moundville, Alabama. However, application and approval of the preliminary plat and the final plat, as required by the subdivision regulations, may occur concurrently with application and approval of the preliminary site plan and final site plan required by this section provided all information and procedures required by both are met.

Editor's note— There were two subsections numbered 5-6.13 in the original ordinance.

5-7.1.

Intent. This district is intended to provide for the development and use of governmental, public, semipublic and institutional uses and structures. Certain other accessory uses and structures are permitted outright or are permissible with certain conditions intended to best fulfill the intent of this section which is to ensure and preserve the quality of governmental, public, semipublic and institutional uses and structures which are of great value to the general public.

5-7.2.

Permitted principal uses and structures. The following principal uses and structures are permitted in the institutional district:

(1)

Parks, playgrounds, playfields;

(2)

Governmental offices;

(3)

Community service structures and uses such as community service centers, libraries, fire stations, civic, cultural, or recreational uses;

(4)

Cemeteries;

(5)

Colleges and universities having minimum lot area of five acres;

(6)

Elementary, middle, junior high and high schools.

5-7.3.

Permitted accessory uses and structures. The following accessory uses and structures are permitted in the institutional districts:

(1)

Other structures and uses which:

a.

Are customary accessory and clearly incidental and subordinate to permitted principal uses and structures;

b.

Do not involve the conduct of trade on the premises;

c.

Are located on the same lot as the permitted principal use structure, or on a contiguous lot in the same ownership;

d.

Are not likely to attract visitors in larger numbers than would be expected in the district; and

e.

Do not involve operations not in keeping with the character of the area, or of a nature prohibited under Section 5-7.4 (page 64) "Prohibited uses and structures."

5-7.4.

Prohibited uses and structures. The following uses and structures are prohibited in the institutional district:

(1)

Trade or service uses;

(2)

Manufacturing and industrial uses;

(3)

Residential uses;

(4)

Storage or use of mobile homes;

(5)

Signs, except as permitted under Article VII (page 91);

(6)

Any other use not permitted under 5-7.2 (page 64) "Permitted principal uses and structures; 5-7.3 (page 64) "Permitted accessory uses and structures" and uses and structures as permitted by 5-7.4 (page 64) "Permitted special exceptions."

5-7.5.

Minimum lot area.

(1)

Uses and structures permissible as special exceptions, as required by the Board of Adjustment.

(2)

All permitted uses and structures, no minimum except to meet other requirements herein.

5-7.6.

Minimum lot width. All permitted and permissible uses and structures: No minimum lot width required except to meet other requirements.

5-7.7.

Minimum yard requirements. Minimum yard requirements for all structures and uses in the Institutional district shall be as set forth below:

(1)

Front: 40 feet required along major streets, 20 feet along other streets.

(2)

Side: No side yard is required if buildings are built to side lot line, otherwise at least three feet of side yard width is required, provided however, that where a lot zoned I is contiguous to a residential zone, a side yard of not less than 15 feet shall be provided on the side contiguous to the residential zone and shall meet the provisions of Section 6-12.2(1) (page 83).

5-7.8.

Maximum lot coverage by all buildings. All uses and structures: No limitations except as to meet the other requirements herein.

5-7.9.

Maximum height of structures.

(1)

Buildings up to 40 feet in height are permitted outright.

(2)

Buildings in excess of 40 feet in height are permitted, provided there is an increase of one foot in side, front, and rear yards over the minimum side, front, and rear yard requirements for each additional three feet of height.

(3)

Buildings between the height of 40 and 75 feet are allowed as special exceptions if they do not meet the requirements of item 2 above.

5-7.10.

Minimum off-street parking and loading requirements. Off street parking and loading requirements as set forth in Article VI (page 66) shall be met.

5-7.11.

Signs. Signs are permitted in the Institutional District only in accordance with the provisions of Article VII (page 91), Regulation of Signs.

5-8.1.

[Intent.] This district is to provide minimum standards for the development of areas that are not serviced by public water and sewer systems and are by nature more rural than urban.

5-8.2.

Uses permitted: Mobile homes and any use permitted in an RS-1 Residential District provided that the County Health Officer must approve the site for a septic tank system before the building inspector may issue a building permit.

Truck gardening, orchards, nurseries, commercial forests, greenhouses, and general farming providing that no structure, pen, corral, or feed lot for the keeping of livestock or poultry is maintained within 500 feet of any structure intended for the use or habitation of humans.

5-8.3.

Uses permitted by special permit. Any use permitted by special permit in RS-1 Residential district.