Permanent off-street parking is required in all districts. Such parking shall be provided in the amount required by this section at the time of erection, alteration, enlargement, establishment or change in use of any building or use.

Parking requirements. Off-street parking shall be required as to type of use in the amount shown below, except that certain reductions may be permitted by the Board of Adjustment as provided in Section 6-1. 1 (page 105).

6-1.1.

Special exception to required parking requirements.

(1)

Reduction of required parking for residential facilities intended for occupancy by the elderly. The Board of Adjustment may, as a special exception, after notice and hearing, and subject to appropriate safeguards and conditions, grant a reduction in off-street parking requirements of not more than 50% of that generally required for such facilities, provided that adequate land is available for future expansion to accommodate the generally required amount of parking and that the side design of such reduced parking area will facilitate future expansion if such is required.

(2)

Reduction of required off-street parking for industrial, processing, storage, warehousing, distribution, or wholesaling uses. The Board of Adjustment may, as a special exception, after notice and hearing, and subject to appropriate safeguards and conditions, grant a reduction of not more than 50% in the amount of parking required for industrial, processing, storage, warehousing, distribution, or wholesaling uses if such action appears to be reasonably justified as based upon employment levels and characteristics of operation of such uses and provided that adequate land is available for future expansion to accommodate the generally required amount of parking space if future expansion is required.

6-1.2.

Other regulations relating to off-street parking.

(1)

All improvements for off-street parking, including those in excess of the requirements of this ordinance, but excluding those for one and two family residential structures, shall be properly graded, marked and paved parking lots or within parking structures.

(2)

Design of parking area: All off-street parking shall have access to a public street or alley. All parking areas will be designed so that vehicles will not be required to back onto a public street or alley classified as a collector or major street as defined by the Town [City] Engineer. Backing onto minor streets or alleys will be allowed.

Bay parking for multiple parking facilities shall be permitted provided no more than six parking spaces shall be provided in any one parking bay. Each bay shall be separated by a three-foot dividing strip.

(3)

Size of required parking spaces: for purposes of this ordinance the minimum size of one parking space shall be 9 feet in width and 20 feet in depth plus sufficient areas for ingress and egress.

(4)

Remote parking space: If the off-street parking space required by this ordinance cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within 400 feet of the principal use; provided that the owner or authorized agent for the land upon which such remote parking is located shall restrict the use for such parking areas for parking only in connection with the use or structure for which such remote parking is provided.

(5)

Travel or camping vehicles: Not more than one travel or camping vehicle per family living on the premises shall be permitted to be parked on a lot in any residential zone; and the vehicle shall not be occupied temporarily or permanently while it is parked or stored, except in an authorized mobile home park.

Every building or structure hereafter erected and used for business, trade, or industry shall provide space as indicated herein for the loading and unloading of vehicles, with access to a public street or alley. Such space shall be so arranged that vehicles shall maneuver for loading and unloading within the property lines of the premises. Off-street loading spaces shall meet the following requirements of size and number:

6-2.1.

Retail and service businesses: One space, 10 by 25 feet, with overhead clearance of 14 feet, for each 20,000 square feet of gross floor area or fraction thereof.

6-2.2.

Wholesale and industrial uses: One space, 10 feet by 50 feet, with 14 feet overhead clearance, as follows:

6-2.3.

Bus and truck terminal: Sufficient spaces to accommodate the maximum number of buses or trucks to be loading, unloading or stored at a terminal at any one time.

6-3.1.

Types of group developments.

(1)

Group commercial or industrial developments consist of more than one commercial or industrial structure erected on a single lot.

(2)

Group housing developments consist of:

a.

Any structure containing more than four dwelling units on the first floor level thereof or containing more than eight dwelling units throughout.

b.

More than one structure containing dwelling units erected on a single lot.

6-3.2.

Regulation of group commercial or industrial developments. Group commercial or industrial developments may be established in any district provided that:

(1)

They house only permitted or permissible uses for the district in which they are located;

(2)

They meet all lot, yard, and other requirements of this ordinance.

6-3.3.

Regulation of group housing developments.

(1)

Establishment. Group housing developments may be established as follows:

Containing single-family detached, two-family detached, or multiple-family dwellings, permitted outright in RG-1 and RG-2 districts.

(2)

Lot area per dwelling unit. A group housing development shall conform to the minimum lot area per dwelling unit for the district in which it is located, provided however, that any group housing development containing more than one structure shall have a lot area of at least 20,000 square feet.

(3)

Street access. Any building established in connection with such group housing development which does not face directly on a public street shall be provided with access to a public street by a paved driveway having a pavement width of not less than 20 feet, exclusive of parking spaces.

(4)

Setback requirements. All buildings and structures established in connection with such group housing developments shall comply with all front, side, and rear yard setback requirements for the district in which they are located.

(5)

Orientation of yards. The orientation of yards for structures within group housing developments shall be based upon the orientation of the lot and upon the orientation of the individual structures, as further set forth in section 4-6.3 "Appropriateness of Orientation" (page 16).

(6)

Position of dwelling structures. No dwelling structure established in connection with a group housing development shall be situated on a lot as to face the rear of another building or structure within the development within a distance of 100 feet.

(7)

Uses prohibited. In no case shall a use be permitted in connection with a group housing development that is prohibited by this ordinance in the district in which such group housing development is to be located.

(8)

Off-street parking facilities. Off-street parking facilities established in connection with such developments shall be of such design, location and arrangement that will not interfere with the access of emergency or service vehicles and as will comply with the provision of Section 6.1 (page 66).

(9)

Elevators or escalators. Any residential structures within a group housing development, or defined as being a group housing development, containing more than two stories above or below level of the principal entrance shall contain elevators or escalators.

(10)

Limitation on length of residential buildings. In group housing developments, no single row of dwelling units which are physically attached shall be greater than 200 feet in length.

Mobile homes are permitted only in MHP (Mobile Home Park) zoning districts and other areas as specifically stated in this ordinance.

6-4.1.

Permissible use of mobile homes. Mobile homes shall be permissible only in the following location and circumstances:

(1)

In an approved mobile home park district.

(2)

As a temporary office or shelter at a legitimate construction site in any district.

(3)

At a business or industry involved in the sale or manufacture of mobile homes.

(4)

Dwellings for watchmen or caretakers in a M-1 or M-2 district in accordance with section 5-5.2(39) (page 38).

(5)

In any zoning district as permitted by the Board of Adjustment by variance; provided, however, that no such variance shall be granted for more than one year. Such variances may be renewed for additional one-year periods at the discretion of the Moundville Zoning Board of Adjustment.

6-4.2.

Site standards and regulations for mobile home parks.

(1)

A mobile home park shall meet the following site standards and regulations:

a.

The minimum area for any mobile home park shall be four acres.

b.

The maximum density if ten mobile home sites per acre.

c.

Minimum front, side and rear yard setbacks for all sides of mobile home park shall be 50 feet.

d.

All minimum interior side yard and rear yard setbacks shall include a minimum of a 15 foot wide planting area of trees and shrubs to act as a screen between the mobile home park and abutting property.

e.

Access points shall be located on public streets providing safe and convenient access; provided, however, that individual mobile homes shall not have direct access from public streets from a public street. Means of ingress and egress into the mobile home park shall not be used for access to individual mobile homes.

f.

No sign or other form of advertising shall be permitted other than necessary to identify the mobile home park and shall be in compliance with the requirements of Article VII (page 91).

g.

All mobile home sites shall abut upon a driveway of not less than 26 feet in width. All driveways shall be hard surfaced, well-marked and lighted by the mobile home park owner.

h.

The entire area shall be adequately serviced by water and sewer and all mobile homes remaining for a period exceeding 30 days must meet the requirements of the Moundville Building Code and the Hale or Tuscaloosa County Health Department Regulations pertaining to mobile homes.

i.

No accessory building or structure shall be erected or maintained in any required minimum setback area for the mobile home park or any individual mobile home space, nor shall an accessory building or structure be located more than 100 feet from the mobile home it is to serve.

(2)

The following site standards shall apply to individual mobile home spaces within each mobile home park:

a.

Size. No mobile home space shall be less than 4,000 square feet.

b.

Setbacks. Minimum front, side and rear setbacks shall be as follows.

1.

Front yard shall be 20 feet.

2.

Side yards shall be a total of 25 feet with one yard of not less than 10 feet.

3.

Rear yard shall be 10 feet.

c.

Landscaping. All minimum setback areas shall be permanently landscaped and maintained with ground cover, trees, and shrubs.

6-4.3.

Site plan application required. A site plan application shall be submitted and approved by the town [city] engineer, building inspector, and the Planning and Zoning Commission prior to the issuance of any grading permit or building permits. The plan shall contain the following information:

(1)

The scale of the map shall not be less than one inch to 50 feet with contours at 5 foot vertical intervals showing pertinent topographical features.

(2)

The location, use, plan, and dimension of each building or structure to be constructed and the location of each mobile home to be parked.

(3)

The location, dimension and arrangement of all open spaces, yards, access-ways, entrances, exits, off-street parking facilities, pedestrian ways, location and width of roads, streets, and sidewalks.

(4)

Location, dimensions, and arrangement of all areas devoted to planting, lawns, trees or similar purposes, with a description including the height and density of all trees or planting to be used for screening.

(5)

Location and description of all facilities to be used for sewage disposal, water supply, and storm drainage.

6-4.4.

Special requirements for mobile homes. Each mobile home hereinafter located on a lot or space within the corporate limits of the Town [City] of Moundville for any purpose, including but not limited to, residential, commercial, construction site, or industrial caretaker shall meet the following requirements specified on building permits and enforced by permit and inspection thereof:

(1)

Mobile home anchorage. A mobile home pad shall be installed to provide adequate support for the placement and tie-down of each mobile home. The pad shall not heave, shift or settle unevenly under weight of the mobile home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure. Anchors or tie-downs such as cast-in-place concrete dead-men, eyelets imbedded in concrete screw augers, or arrowhead anchors shall be placed at each corner of the mobile home pad and at intervals of at least 20 feet. Each device shall be able to sustain a minimum load of 4,800 pounds.

(2)

Mobile home skirting. Skirting shall be provided around the entire mobile home from the bottom of the mobile home to the mobile home pad. The materials used shall be aluminum or other durable siding material. Adequate landscaping around skirting is encouraged.

(3)

Existing mobile homes on lots or spaces. The number of mobile homes in an existing mobile home park shall not be increased prior to the mobile home park being brought into compliance with Section 6-4 (page 73).

6-4.5.

Streets.

(1)

General. All mobile home parks shall be provided with a safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be by provided streets, driveways or other means. Provided, however, that individual mobile homes shall not have direct access from public streets. Means of ingress and egress into the mobile home park shall be used for access to individual mobile homes.

(2)

Private streets. Streets in a mobile home park shall be private, provided that where an adjoining tract of land would have access to public streets only through the mobile home park, at least one street meeting all standards prescribed in the subdivision regulations shall be dedicated to the public for the purpose of providing such access.

(3)

Entrance streets. Entrances to mobile home parks shall have direct connections to a public street and shall be designed to allow free movement of traffic on such adjacent public streets. No parking shall be permitted on the entrance street for a distance of 100 feet from its point of beginning.

(4)

Circulation. The street system shall provide convenient circulation by means of minor streets and properly located collector streets. Dead-end streets shall be limited in length to 600 feet and their closed end shall be provided with an adequate turn around (60-foot diameter cul-de-sac). Streets of less than two lanes will not be permitted.

(5)

Pavement widths. Pavements shall be of adequate with to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet minimum moving lanes for collector streets, nine feet minimum moving lanes for minor streets, seven feet minimum lanes for parallel parking and in all cases shall meet the following requirements:

a.

Collector streets with guest parking allowance, 34 feet.

b.

Collector streets and all other streets except minor streets without parking allowances, 24 feet.

c.

Minor streets serving less than 40 lots (no parking), 18 feet.

d.

Parking width of interior streets shall be 20 feet minimum width.

(6)

Street grades. Grades of all streets shall be sufficient to insure adequate surface drainage, but shall not be more than 8%. Short runs with a maximum grade of 12% may be permitted, provided traffic safety is assured.

(7)

Intersections. Street intersections shall generally be at right angles and shall meet the requirements of Section 4.3 (page 15) and shall be subject to approval by the Town [City] Engineer for sight distance. Offsets at intersections and an intersection of more than two streets at one point shall be avoided.

(8)

Extent of improvements. All streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. The surface shall be maintained free of cracks and holes and its edges shall be protected by suitable means to prevent beveling and shifting of the base.

(9)

Street lights. Lighting shall be designed to produce a minimum of one-tenth foot candle throughout the street system. Potentially hazardous locations, such as major street intersections, shall be individually illuminated with a minimum of three-tenths foot candle.

6-4.6.

Walks.

(1)

General requirements. All mobile home developments shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain.

(2)

Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of 3½ feet.

(3)

Individual walks. All mobile home pads shall be connected to common walks, or to streets, or to driveways, or to parking spaces. Such individual walks shall have a minimum width of two feet.

6-4.7.

Driveways and parking spaces.

(1)

Driveways. Improved driveways shall be provided on lots where necessary for convenient access to mobile homes. The minimum width shall be ten feet.

(2)

Parking spaces. The design criteria for automobile parking shall be based upon two parking spaces for each mobile home lot. Parking may be in tandem.

Occupations, professions, or trades customarily carried on by occupants of dwelling units as secondary uses which are clearly incidental to use of dwelling units for residential purposes are allowed as accessory uses in district where dwelling units are permitted or permissible, subject to the following provisions:

6-5.1.

No person other than members of the family residing on the premises shall be engaged in such occupation.

6-5.2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 2.5 % of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

6-5.3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated, and mounted flat against the wall of the principal building.

6-5.4.

The home occupation shall be conducted only within the principal structure.

6-5.5.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard, in accordance with section 6-1 (page 66).

6-5.6.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuation in line voltage off the premises.

6-5.7.

No outdoor storage shall be allowed in connection with any home occupation.

6-5.8.

Operation of home occupations is limited to the hours between 8 a.m. and 8 p.m.

Day nurseries and kindergartens are permitted as special exceptions subject to the following provisions:

6-6.1.

General requirements. Before granting a special exception for establishment of a day care center or kindergarten, the Board of Adjustment shall determine that such facility will be eligible for a license from the State of Alabama Department of Pensions and Security.

6-6.2.

Fencing. A fenced play area of not less than 3,000 square feet shall be provided. Also, the number of children in the fenced play area at any time shall not exceed the ratio of one child for every 150 square feet of fenced-in play area. No fence shall be less than five feet in height or greater than seven feet in height.

6-6.3.

Loading and unloading. An area adequate for loading and unloading of children to be accommodated shall be provided and such area shall not be located within any public right-of-way.

6-6.4.

Signs. Notwithstanding provision of Article VII (page 91) of the zoning ordinance, signs in connection with any day nursery or kindergarten located in any residential district shall be limited to one sign for each facility, not to exceed two square feet of display area, and not illuminated.

6-6.5.

Play equipment. No play equipment shall be closer than 20 feet to any residential lot line.

6-6.6.

Additional conditions. The Board of Adjustment shall determine if additional safeguards and conditions are appropriate in order to protect children accommodated from detrimental characteristics of use of adjacent areas, or to protect adjacent uses from potentially incompatible characteristics arising from such day nurseries and kindergartens.

Where and when certain uses and structures are permitted as special exceptions, before granting such special exceptions the Zoning Board of Adjustment shall consider:

(1)

Existing characteristics of development in adjacent area.

(2)

Potential effect of such traffic flow characteristics of adjacent streets.

(3)

Ingress, egress, parking, circulations, and site design of the proposed use or structure.

(4)

Potentially adverse characteristics of operation and use.

Self-service storage facilities are permitted as special exceptions subject to the following provisions:

6-8.1.

Maximum lot area. The maximum lot area for a self-service storage facility shall be three acres.

6-8.2.

Storage unit size. No individual storage unit shall exceed 600 square feet. A single tenant shall not be allowed to rent more than 4,000 square feet at a single permitted location.

6-8.3.

Interior parking lanes. Interior drives shall not be less than 20 feet in width if access is available from more than one direction. Otherwise, said interior drives shall not be less than 27 feet in width. Drives must be properly and paved and marked according to the standards of the Town [City] Engineer.

6-8.4.

Fencing. Where practical, the walls of buildings shall not be used as a part of security fencing. Fencing shall be required and shall be a minimum of six feet in height and shall be constructed of permanent materials that will prevent the passage of debris. Where adjoining property is zoned residential, said fence shall be constructed of opaque materials such as masonry bricks, wood or other similar materials and shall be erected inside the common property line to buffer the self-service storage facility from the residentially zoned area.

6-8.5.

Landscaping. Upon approval of this special exception in a neighborhood or highway commercial (C-1, C-2) zone, the applicant shall provide a professional landscaping plan detailing trees and foundation plantings and their placement in the front setback. The Board of Adjustment shall have the authority to require specific landscaping material treatment, as deemed necessary to enhance the proposed development's compatibility with surrounding uses. Professional landscaping of the front setback shall not be required in light and heavy (M-1, M-2) industrial zoning districts.

6-8.6.

Outdoor lighting. All outdoor lights shall be shielded to direct light and glare only onto the storage premises and shall be only of sufficient intensity to discourage vandalism and theft.

6-8.7.

Enclosed storage. All storage shall be within enclosed buildings, except as provided in section 6-8.8 below.

6-8.8.

Outdoor vehicle storage. Required parking spaces (section 6-1.1, page 69) shall not be rented as, or used for, vehicular storage except that additional parking area may be provided for recreational vehicle storage and other vehicles provided that the area is adequately screened from the view of adjoining residentially zoned properties.

6-8.9.

Residential manager. Where necessary, a permanent residential apartment, not to exceed 1, 200 square feet, may be provided adjacent to the office of the facility for the exclusive use of the resident manager.

6-8.10.

Use restrictions.

(1)

Self-service storage facilities shall be limited to inanimate storage only.

(2)

No activities other than rental of storage units and pickup and deposit of inanimate storage shall be allowed on the premises.

(3)

Activities prohibited on the premises include, but may not be limited to, the following:

a.

Auctions, commercial, wholesale or retail sales, or garage sales except the sale or other disposition of abandoned personal property by the owner of the self-service storage facility in accordance with applicable state law;

b.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawnmowers, appliances, or other similar equipment;

c.

The operation of power tools, spray painting equipment, table saw, lathes, compressors, welding equipment, kilns, or other similar equipment;

d.

The establishment of a transfer and storage business;

e.

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations;

f.

The storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals;

g.

The storage of waste materials, including but not limited to hazardous, toxic wastes;

h.

The occupancy of a self-service storage unit for residential purposes;

i.

The conduct of illegal activities and/or the storage of illegal material, merchandise, substances, and the like; and

j.

All self-service storage facility rental or lease contracts shall include clauses prohibiting all animate storage and uses described above in section 6-8.10.a. through j.

Temporary fireworks stands are permitted by right in C-2, M-1 and M-2 zoning districts, subject to the following provisions:

(1)

Front setback requirements shall be waived.

(2)

Side and rear yard setbacks shall conform to the minimum required for the particular zoning district.

(3)

A minimum of five off-street parking spaces shall be required per fireworks stand. Improved parking area shall not be required.

(4)

Advertising signs on the site shall conform to the zoning requirements for the particular zoning district.

In business and industrial districts, no wall or fence shall exceed a height of ten feet, and in residential districts, no wall or fence shall exceed a height of eight feet, provided that the Board of Adjustment, as a special exception, may permit walls and fences of greater height when there exists a reasonable need. No fence or wall in any district shall project into the unobstructed space required at an intersection, section 4-3 (page 15). In a front yard, walls and fences shall be architecturally compatible with the style, materials, and colors of the principal building on the same lot. Stone walls or brick walls with a stone or cast stone cap are encouraged. Wood fences, decorative metal, or cast iron fences, masonry or stucco walls, and stone piers shall be encouraged. Solid wooden fences are permitted in rear and side yards only. In residential zones, highway style guard rail, stockade, or contemporary security fencing such as barbed or razor wire are prohibited. No part of a fence in a required front yard shall be within ten feet of the curb-line, nor shall it be on the public right-of-way. In a residential district, no fence in a required front yard shall exceed four feet in height.

6-11.1.

A swimming pool on private property in a residential district shall be for the noncommercial use of the owner, his family and guests only. A swimming pool, including pumps and filters, accessory to a single-family or two-family dwelling may be located within a required rear yard, but shall not extend closer than five feet from the rear lot line, nor closer to the side lot line than the required side yard depth of five feet. A swimming pool accessory to a multifamily dwelling or commercial structure shall be located within the buildable area of the lot or parcel.

6-11.2.

Any permanently constructed swimming pool, or any temporary or inflatable pool which can be filled to a depth in excess of 18 inches, shall be enclosed by a fence or wall meeting the following standards:

(1)

The barrier shall extend from the surface to a height of at least six feet. The bottom of the fence shall be sufficiently anchored to the surface so that it cannot be pulled out for children to enter beneath it.

(2)

Basket weave, split rail, and other decorative fences which can be easily scaled by a child are not permitted. Any branches or frames which could afford a child footholds or handholds will be on the pool side.

(3)

A self-closing and self-latching gate or door, with the mechanism on the inside of the gate or door, out of reach of children, will be required.

(4)

No part of the wall of a multifamily residence which includes a window or a door shall be incorporated into the required pool enclosure.

6-12.1.

Definitions: for the purposes of this section, the terms listed below are defined as indicated:

(1)

Screening: A barrier of natural and/or manmade nature that presents a visual obstacle to the eye. Screens may consist of, but are not limited to, any combination of the following: walls, fences, bushes, trees, hedges, shrubs, and earthen berms.

(2)

Buildable area: That part of the building lot not occupied by improvements (covered by buildings, driveways, walks, swimming pools, patios, etc. or containing overhead or underground obstacles such as power service lines or septic field lines, or projected improvements to the property; easements for access, storm sewers, drainage facilities, or utilities; and located behind the minimum building line and inside the rear and side setback lines.

(3)

Owner: Any person or business, including the developer, who has legal title to a lot and who builds or causes to have built a structure on the property.

6-12.2.

[Applicability.] The following landscaping provisions shall apply to all developments in the Town [City] of Moundville.

(1)

Continuous/unbroken screening shall be required for all new developments where existing dissimilar land uses abut the proposed new development. For the purpose of this section, institutional, single-family residential, multi-family residential, mobile home parks, commercial, and industrial uses are deemed to be dissimilar land uses abutting the proposed new development. For the purposes of this section, institutional, single-family residential, multi-family residential, commercial and industrial uses are deemed to be dissimilar to each other regardless of whether or not such uses are in as PD or other classification or whether or not such use is permitted by variance or special exception. In the event that a new development is proposed adjacent to a dissimilar use, the developer shall install screens and/or buffers as described herein. Screens and/or buffers of man-made materials shall be at least 8 feet high and made of materials that are in character with the existing and proposed development in the zoning board's discretion. Screens of living materials shall initially be at least 5 feet high and provide a year round visual barrier such as evergreens, red tops, and other plant varieties that provide a year round visual barrier. Screens and/or buffers of living materials shall be of a variety that would normally be expected to grow to a height of 8 feet within 5 years after planting. The party responsible for installing such screens and/or buffers (or such party's grantees) shall be responsible for maintaining them at all times that such dissimilar uses abut each other. All such screening and buffers shall be placed outside or behind the utility and street right-of-way boundary in order to prevent the possible need for their removal at a later date.

(2)

Developers shall attempt to preserve outside the buildable area of each lot at least one sound and healthy hardwood tree four or more inches in diameter (measured at a point three feet above the natural ground) per 3,000 square feet of developed land outside the buildable area. Whenever this guideline cannot be followed or where no such trees exist, trees or shrubs shall be planted outside the buildable area of each lot at the rate of at least one tree (at least 5 feet high or three years old) or shrub per 3,000 feet of land unless the owner as defined in this section expresses by written statement to the zoning board that he/she does not want any or only part of the required trees or shrubs planted. If trees or shrubs are to be planted, the owner or builder may elect to wait until the dormant season for the vegetation to be planted in order to improve the livability of the vegetation.

(3)

Landscaping plans will be provided along with site plans for the review and approval of the Planning and Zoning Board. In cases where owners of the development will develop and build all of the structures within the development, the landscaping plan will identify location of trees or shrubs to be planted.

(4)

Final site plans shall have indicated thereon all building setback lines (front, sides, and rear). Also, the recorded plat will contain a statement similar to the following: "Each lot shall meet the landscaping requirements of section 6-12 (page 83) of the zoning ordinance of the Town [City] of Moundville.

6-13.1.

Commercial, multifamily residential, mobile home parks, and industrial district parking lots and striped spaces, fences, landscaping, signs, and streets and driveways shall be property maintained and repaired as per standards set forth in this ordinance.

6-13.2.

Minimum standards for construction of all parking lots, interior streets and driveways are as follows: Parking lots shall have a minimum eight inches of compacted clay-gravel base. The surface treatment shall be a minimum two inches (200 lbs./s.y) of bituminous concrete wearing surface. Where subsurface conditions are poor, or truck traffic is permissible, the quantities shall be increased accordingly per approval by the Town [City] Engineer.

6-14.1.

Bed and breakfast inns may be permitted by the Board of Adjustment as a special exception in the RS-1 and RS-2 zones, subject to the following requirements and restrictions:

(1)

No more than three rooms may be used for this purpose.

(2)

One off-street parking space, in addition to two spaces normally required, must be provided for each guestroom.

(3)

One bathroom must be provided for each guestroom.

(4)

Health department approval of kitchen and dining room facilities must be obtained annually.

(5)

No more than 50% of the residential floor space may be devoted to such use.

(6)

A minimum of 20,000 square feet of land and a minimum of 2,000 square feet of structural space shall be required.

(7)

A business license and a certificate of occupancy must be obtained annually.

6-15.1.

Intent. The intent of these regulations is to accommodate the siting of telecommunications towers and antennae while protecting the general health, safety, and welfare of the public, protecting property against blight and depreciation, promoting desirable living conditions and the sustained stability of neighborhoods, and maintaining the economically necessary appeal to the Town [City] as an attractive and desirable rural community. Specifically, the purposes of this Article are:

1.

To accommodate the adequate siting of telecommunications towers and antennae within the municipality while regulating both their number and location.

2.

To ensure that telecommunications towers and antennae have minimal adverse visual effect and are in harmony with the rural character of the community by utilizing creative and careful design, siting, landscaping and camouflaging techniques.

3.

To afford protection to residential areas and uses from the possible negative impacts of telecommunications towers and antennae.

4.

To encourage the use of existing structures for the placement of antennae and other telecommunications support apparatus in order to avoid the unnecessary siting of new telecommunications towers within the community.

5.

To ensure the primary option for the siting of telecommunications towers and antennae is co-location with other such facilities rather than the construction or siting of additional structures or facilities, thereby reducing the number of such structures needed for future use.

6.

To ensure that telecommunications towers, antennae, and all telecommunication support apparatus and facilities are compatible with surrounding uses.

7.

To minimize the potential for damage to life or property caused by the failure of telecommunications towers, antennae, or other telecommunications support apparatus or facilities by ensuring that all such structures are designed, constructed and sited properly and by ensuring that all such structures are properly maintained and removed at property owner's expense when no longer necessary or determined to be structurally unsound.

6-15.2.

Definitions. For the purposes of this section, the following definitions shall apply:

1.

Antenna. Any device used to radiate or receive radio waves, electromagnetic radiation, microwaves, or any other energy source present within the electromagnetic spectrum.

2.

Antenna Support Structure. Any structure, other than telecommunications towers, including without limitation, existing buildings and water towers used to support antennae.

3.

Camouflage. Any method of design and construction which serves to disguise, hide, or conceal a telecommunications tower, antennae, or any other related structures so as to minimize the adverse visual impact of such structures upon the surrounding environment, whether it be constructed improvements on improved property or unimproved property in its natural state.

4.

Co-location. The shared use of telecommunications towers and/or antenna support structures by two or more providers of telecommunications services.

5.

Telecommunications. Any communication that occurs as the result of the transmission or reception of any electromagnetic radiation, including but not limited to radio, television, cellular telephones, paging, personal communications service (PSC), satellite, and public safety.

6.

Telecommunications Support Apparatus. Any accessory equipment or material designed and used specifically for the operation, security or structural support of telecommunications towers, antennae or their associated facilities, including but not limited to any cables, guy wires, anchors, lines, fences, unmanned equipment cabinets and equipment rooms.

7.

Telecommunications Tower. Any free standing or self supporting structure, constructed from grade, which is used primarily to support one or more antenna(e).

6-15.3.

Use Regulations.

1.

Telecommunications antennae and antennae support structures shall be allowed by right within all zoning districts only when such antennae and antennae support structures are attached to an existing building, telecommunications tower, water tower, flag pole, utility pole, or any other such structure and only which such antennae or antennae support structures are adequately camouflaged as required by Section 6-15.2(3) (page 86). In no case, however, shall the height of such antennae or antennae support structure extend more than ten (10) feet above the average height of any existing structure to which it is attached or exceed the maximum height limitations as set forth elsewhere in these regulations. Site plan approval shall not be required for such installations.

2.

Use permitted by special permit shall be required in order to locate and construct any telecommunications tower or telecommunications support apparatus within the C-2, M-1, M-2, & RR districts.

3.

Telecommunications towers and telecommunications support apparatus shall not be allowed within the RS-1, RS-2, RS-3, RG-1, RG-2, PD, C-1, MHR, or I districts, with the exception of telecommunications support apparatus which is located wholly within an existing principal building to which approved telecommunications antennae or antennae support structures are attached.

6-15.4

Design Standards. The following design standards shall apply to construction of any telecommunications tower, telecommunications support apparatus, telecommunications antennae, or antennae support structures:

1.

Co-location. Unless it is satisfactorily demonstrated by the applicant through the use of technological evidence that no alternative to the construction of a new tower or antennae support structure exists, all towers, antennae, supporting structures and apparatus shall be co-located with existing facilities. In the event that there are no alternatives to the construction of a new telecommunications towers, then such towers shall be constructed in a manner which will readily accommodate at least two (2) additional service providers.

2.

Camouflage. In order to minimize the visual impacts of telecommunications towers, antennae and antennae support structures, all such installations shall incorporate design elements which have the effect of camouflaging such installations to the extent that they are not readily visible or easily distinguishable from the surrounding environment, whether natural or manmade. Exceptions to this requirement may be granted only where such requirements prove to be impractical.

3.

Setbacks. Telecommunications towers shall maintain a minimum setback from each affected property line a distance equal to the highest point of the tower as measured from the average existing grade. In no case, however, shall a tower be located nearer than two hundred feet to any residential district boundary or any residential structure. Setbacks shall be measured from the perimeter of the tower base. Telecommunications support apparatus located upon the same lot shall maintain a minimum setback equal to that applicable to the principal structures within the zoning district in which it is located. Setbacks for such apparatus shall be measured from the nearest point at which such apparatus intersects or contacts the ground to the property line.

4.

Landscaping. Adequate landscaping shall be provided in order to screen any telecommunications support apparatus from view. To this end, adequate landscaping shall include, at a minimum, the planting of evergreen vegetation with an initial minimum height of six feet around the entire perimeter of any such apparatus in a manner that creates a solid hedge. In addition, existing natural vegetation and trees shall be preserved to the maximum extent practical.

5.

Telecommunications Tower Height and Siting. The maximum height of a tower shall not be greater than that which is required for the proper operation of the principal use and that of at least two additional co-located users and in no case shall tower height exceed two hundred feet. Height shall be measured from the average existing grade of the site. In addition, tower height and siting shall conform to FAA Regulation, Part 77 "Objects Affecting Navigable Airspace."

6.

Lighting. Lighting of towers shall be prohibited unless specifically required by either the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) and then only the minimum necessary to comply with such requirements. Lighting of non-tower elements of telecommunication facilities must be contained within a fenced area and shall not be allowed to illuminate beyond the height of the tower.

7.

Structural Design. All telecommunications towers shall be of monopole design unless it can be proven that due to specific conditions another design is required. Maximum tower diameter shall not be greater than that which is required for the height of the tower.

8.

Telecommunications Tower Color. Unless otherwise camouflaged to comply with the requirements of these regulations, all towers shall have a galvanized finish or be painted a silver, pale blue or grey color unless otherwise governed by either the FAA or FCC.

6-15.5.

Maintenance. Telecommunications towers, telecommunications support apparatus, antennae, and antennae support structure shall be maintained in a safe, structurally sound and proper working condition in compliance with all local, state and federal laws and regulations. Any such structure which has been determined to be structurally unsound or in need of repair shall be immediately repaired or removed. In addition, all other elements or an approved site, including but not limited to landscaping, shall be properly maintained.

6-15.6.

Abandonment. Telecommunications towers, telecommunications support apparatus, antennae, and antennae support structures which have not been in use for a continuous period of one hundred eighty (180) days shall be deemed to have been abandoned and shall be removed within ninety (90) days thereafter unless within that time period the tower is reactivated either by the initial owner/operator or by another owner/operator. All costs associated with the removal of such structures shall be the responsibility of the property owner and/or operator.

6-15.7.

General Requirements and Procedures for Approval.

(1)

Permits. A building permit shall be required for the construction and/or modification of any telecommunications tower, antenna, antenna support structure or any other associated structures or equipment. Prior to the issuance of such building permit, the applicant shall furnish to the municipal building inspector certification that the structure meets or exceeds the structural requirements as set out in EIA/TIA-222-E "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," as amended, published by the Electronic Industries Associated. Such certification shall be made by a registered professional engineer who is licensed to practice in the State of Alabama. In addition to the building code requirements of the Town [City] of Moundville, any applicable approvals shall be obtained from the FAA and FCC for the construction of any telecommunications tower.

(2)

Prior to applying for a Permit or Use Permitted by Special Permit to construct a telecommunications tower, the applicant must send a certified letter to all other tower owner/operators within the corporate limits and police jurisdiction stating their siting needs and requesting co-location. All applications for a Permit or Use Permitted by Special Permit shall be accompanied by the appropriate letter(s) of approval from the FAA or FCC.

(3)

In order to qualify for the Use Permitted by Special Permit to construct a Telecommunications tower, the applicant must document that one or more of the following conditions exist which eliminates co-location as a feasible alternative:

a.

There are no suitable towers which meet the engineering requirements of the applicant and there are no suitable owners either under construction, approved for construction, or under review for building permit within the area.

b.

Existing towers within the area lack sufficient height and/or strength and cannot be reasonably altered to accommodate the proposed antenna and related equipment.

c.

Electromagnetic interference caused by either the proposed antenna(s) or existing antenna(s) on the tower would prevent the proper operation of either and cannot be corrected at a reasonable cost.

d.

The applicant demonstrates that there are other limiting factors that render existing towers unsuitable.

e.

Co-location would have a more negative impact upon surrounding properties either from an aesthetic or environmental standpoint than would the construction of a new tower.

(4)

Upon approval of a Permit or Use Permitted by Special Exception for the construction of a new telecommunications tower where colocation is required as a condition of approval, the applicant shall provide to the Town [City] of Moundville an affidavit stating that the space on the approved tower will be made available to future users without undue delay if such request for co-location use are reasonable and technically compatible with the existing facility. In addition, the applicant shall send an announcement by certified mail to all telecommunications service providers within the corporate limits and police jurisdiction stating the specifics of its intention to construct a telecommunications tower with co-location capabilities.