The local business district provisions are intended to protect, enhance, and extend the identifiable character of the Villages of Mountain Brook: Crestline Village, English Village, Mountain Brook Village, and Overton Village, and the local business district designation is intended to be applied only to areas within the villages, as indicated on the village master plan maps, and to other commercial areas that are designed to emulate the village approach to development in terms of scale and design.

(Ord. No. 1763, § 1(19-12-0), 2-25-2008)

The uses permitted in the local business districts shall be as follows:

(a)

Uses permitted by right. The following uses are permitted by right, unless specifically limited by any provisions of any applicable overlay ordinance.

(1)

Retail use category. The retail use category is for buildings and sites that provide for the display and onsite exchange of merchandise for general consumers. The retail use category includes the following uses:

a.

Antique stores;

b.

Appliances and electronic goods and equipment;

c.

Arts and crafts stores;

d.

Bakeries;

e.

Bookstores;

f.

Bridal shops;

g

Cafeterias;

h.

Clothing stores;

i.

Computer stores;

j.

Delicatessens;

k.

Drug stores;

l.

Florist shops;

m.

Furniture stores;

n.

Garden shops;

o.

Gift shops;

p.

Grocery stores;

q.

Hardware stores;

r.

Ice cream parlors;

s.

Jewelry stores;

t.

Liquor stores;

u.

Meat, seafood, vegetable and fruit markets;

v.

Pet shops;

w.

Rental and sale of electronic media and related items;

x.

Restaurants, unless otherwise specified as a conditional use in subsection (b) below;

y.

Shoe stores;

z.

Small dry goods stores;

aa.

Sporting goods stores;

bb.

Catering.

(2)

Civic use category. The civic use category consists of uses serving a broad and general public interest by providing administrative service functions that are community oriented. The civic use category includes the following uses:

a.

Municipal government buildings, including, but not limited to, fire stations, police stations, libraries and city hall;

b.

Schools, public and private;

c.

Municipal parking facilities.

(b)

Conditional uses. Conditional uses are uses which may be acceptable within the local business district, based on specific circumstances and mitigating site design provisions that would eliminate the potential for these uses to otherwise have negative impacts on adjacent property, other uses in the district, or the district as a whole. Therefore, they require special review to better determine if the circumstances and design provisions for the proposed use when applied to a specific site are sufficient to mitigate any potential negative impacts. In addition to review of factors set forth in the following sections, any proposed conditional use will be reviewed as to the following:

i.

Whether the use would disparately impact public parking in the area;

ii.

Whether vehicular or pedestrian circulation would be impacted by the use;

iii.

Whether the use is compatible with surrounding existing uses;

iv.

Whether the hours of operation or peak traffic times would impact existing uses.

The following conditional uses may be permitted in a local business district, but only with the prior written approval of the city council:

(1)

Service uses shall be conditional uses in any area covered by a village master plan or the village overlay standards. The conditional review and approval process shall ensure that, in addition to the other factors of conditional review, sufficient parking exists so that the use will not negatively impact existing established businesses, and that the proposed service use, either in isolation or in conjunction with other service or office uses, will not have a detrimental impact on public parking in the villages. The service use category consists of businesses that offer customers services for the performance and delivery on premises, and may offer some limited products or merchandise associated with the service. The service use category includes the following uses:

a.

Banks;

b.

Barber shops;

c.

Beauty shops;

d.

Dancing academies;

e.

Daycare centers;

f.

Dry cleaning establishments;

g.

Electronic and electrical repair shops;

h.

Fitness centers;

i.

Gymnasiums;

j.

Interior design shops

k.

Nail Salons

l.

Neuromuscular therapists;

m.

Personal fitness trainers;

n.

Photography studios;

o.

Physical therapists;

p.

Self-service laundries;

q.

Shipping and wrapping of packages and sale of related items;

r.

Shoe repair shops;

s.

Tanning salons;

t.

Theaters for the performing arts;

u.

Travel agents.

Any service use established or permitted by right prior to May 15, 2009, shall be permitted to continue in the same location without regard to these provisions, provided that such use is not expanded. A service use so established or permitted may be replaced by another service use with the same or fewer required parking spaces, it being the intent of the council to permit the continued service use of properties where existing service uses are located without the need for specific approval if parking demand is not increased. However, should such service use be replaced with a retail use, then any future reestablishment of a service use in the same location will require prior written approval of city council per subsection (b) of this section.

Any such conditional use shall be approved by the city council if all required parking is provided on site and in the quantities set forth in subsection 129-555(a) of this Code.

(2)

Office uses shall be conditional uses in any area covered by a village master plan or the village overlay standards. The conditional review and approval process shall ensure that, in addition to the other factors of conditional review, sufficient parking exists so that the use will not negatively impact existing established businesses, and that the proposed office use, either in isolation or in conjunction with other service or office uses, will not have a detrimental impact on public parking in the villages. The office use category includes the following uses:

a.

Business offices;

b.

Professional offices.

Any office use established or permitted by right prior to May 15, 2009, shall be permitted to continue in the same location without regard to these provisions, provided that such use is not expanded. An office use so established or permitted may be replaced by another office use with the same or fewer required parking spaces, it being the intent of the council to permit the continued office use of properties where existing office uses are located without the need for specific approval if parking demand is not increased. However, should such office use be replaced with a retail use, then any future reestablishment of an office use in the same location will require prior written approval of city council per subsection (b) of this section.

Any such conditional use shall be approved by the city council if all parking is provided onsite and in the quantities set forth in subsection 129-555(a) of this Code.

(3)

Commercial uses permitted in the local business district and grouped together on one or more contiguous parcels of land having shared access and shared off-street customer parking;

(4)

Automobile service stations and stores at which gasoline is sold, regardless of whether or not repair services are provided at such stores, including, without limitation, stores at which groceries, and/or related items, such as soft drinks, alcoholic beverages, dairy products, tobacco products and bakery items are sold; but such service stations and stores may be located only on corner lots, or upon a group of adjoining lots which includes a corner lot; and further provided, that all pumps, tools, and accessories must be placed not less than 15 feet from all street right-of-way lines so that motor vehicles can be serviced without obstructing sidewalks. In the local business district, these stations should be limited to no more than eight pumps and no more than two service islands to ensure the smaller-scale pedestrian nature of the district;

(5)

Repair garages, provided that all work is done wholly within a building, and that there is no storage or parking of wrecked cars on the premises;

(6)

Coin-operated amusement devices, which shall be permitted only in restaurants; provided, that there shall be not more than five such devices in any one restaurant, that they are not situated in the dining area of the restaurant, that they are an incidental use, and not a primary use, of the premises and that the area of the space in which they are located does not exceed 20 percent of the total public area of the restaurant;

(7)

Inns, bed and breakfast establishments, hotels or motels. The conditional review and approval shall ensure that sufficient parking exists in addition to parking required by this district so that the business will not negatively impact existing established businesses. Sufficient parking may be provided through sharing, valet programs, or other remote parking that are conditions of the review and approval. Proposed uses shall present a forecasted parking demand during operating hours based on industry standards as part of the conditional review;

(8)

Restaurants that are open for business on any weekday of any given week during the hours of 11:00 a.m. and 1:00 p.m. shall be conditional uses in any area covered by a village master plan following the adoption of the village master plan and the village overlay standards in chapter 19, article 31. The conditional review and approval shall ensure that sufficient parking exists in addition to parking required by this district so that the business will not negatively impact existing established businesses. Sufficient parking may be provided through sharing, valet programs, or other remote parking that are conditions of the review and approval. Proposed uses shall present a forecasted parking demand during operating hours based on industry standards as part of the conditional review. For the purposes of this subsection, "restaurants" shall not include any facility whose primary function between 11:00 a.m. and 1:00 p.m. is other than the sale of food for onsite consumption.

(9)

Veterinary clinics/pet grooming, provided that there be no outdoor runs, and that business be conducted wholly within a building; no overnight boarding. Conditional review and approval shall ensure that sufficient areas for loading and unloading animals be provided, that appropriate measures be employed to minimize noise, odors, waste or other negative impacts incidental to operation of the business, and that the proposed use is compatible with the surrounding commercial and residential uses.

(10)

Clinics, medical and dental, provided that no such use shall exceed 4,000 square feet in gross floor area nor shall any such use be permitted whatsoever in any area covered by a village master plan or the village overlay standards. Conditional review and approval shall ensure that sufficient parking exists in addition to the parking required by this district so that the business will not negatively impact existing businesses and that the proposed use is compatible with surrounding commercial and residential uses.

(Ord. No. 1763, § 1(19-12-1), 2-25-2008; Ord. No. 1795, § 1, 4-27-2009; Ord. No. 1889, § 1, 5-28-2013; Ord. No. 1955, § 1, 7-12-2016; Ord. No. 1982, § 1, 6-26-2017; Ord. No. 2021, § 1, 7-23-2018)

The following area and dimensional requirements apply in the local business district, except to the extent that they are amended by any applicable overlay ordinance which may provide specific dimensional requirements for lots and buildings on a block-by-block basis within the villages.

(a)

Build-to lines and setbacks.

(1)

Street-frontage build-to line. The front and side walls of the principal building shall be constructed to the edge of the adjacent public street and alley rights-of-way, or to the side or edge of the adjacent sidewalk which is nearest the building, whichever is farther from the center line of such rights-of-way, except where item (2) of this subsection may apply.

(2)

Any newly constructed building shall be located not farther from the edge of the adjacent public street and alley rights-of-way, or to the side or edge of the adjacent sidewalk which is nearest the building, whichever is farther from the center line of such rights-of-way, than any adjacent building on the same side of the street in the same block, but in no event shall such building be located farther than 20 feet from the edge of the adjacent public street and alley rights-of-way, or to the side or edge of the adjacent sidewalk which is nearest the building, whichever is farther from the center line of such rights-of-way.

(3)

Side yard setback. The principal building shall extend to the side property line at the front of the building, except as required by item (1) of this subsection, or by prior written approval of the planning commission in cases where side yard parking extending to the front of the building is deemed necessary by the planning commission.

(b)

Height of buildings.

(1)

Maximum number of stories: Two.

(2)

Maximum building height: 30 feet, except that the maximum height for buildings on parcels located at the intersection of two streets shall be 40 feet.

(Ord. No. 1763, § 1(19-12-2), 2-25-2008)

The following offstreet parking and access requirements apply in the local business district, except to the extent that they are amended by any applicable overlay ordinance which may specify parking and access requirements on a block-by-block basis within the villages.

(a)

Generally. No parking spaces shall be located between the front of the building and the right-of way line of the street, except with the prior written approval of the planning commission.

(b)

Required parking spaces on the parcel. For any newly constructed building there shall be provided on the parcel on which the building is located at least one parking space, not less than nine feet in width and 18 feet in length, for every 200 square feet of floor area of the building, except basement area used exclusively for storage or mechanical equipment, subject to the provisions of subsection (c) and of article XXI.

(c)

Requirements and restrictions.

(1)

Ingress to parking spaces shall not be located in front of the building, except with the prior written approval of the planning commission, as provided for in subsection (a);

(2)

All parking spaces, attendant driveways and other areas which may be necessary for the maneuvering of motor vehicles shall be arranged so as to provide convenient access to and from a paved street or alley, shall be paved with asphalt or concrete and shall have adequate storm drainage facilities;

(3)

There is no access to the required offstreet parking spaces by means of a paved street or alley, then a driveway entrance to, and exit from, parking spaces, not to exceed 20 feet in width, shall be provided;

(4)

Sidewalk of not less than five feet in width shall be provided between the parking area and the building;

(5)

There shall be provided a curb of not less than six inches, and not more than eight inches, in height between the parking area and the adjacent sidewalk;

(6)

Parking areas which are located adjacent to a public sidewalk shall have a planted buffer which will substantially screen the parking area from the sidewalk. The design of the buffer shall be subject to the prior written approval of the planning commission, which may require such reasonable information about the proposed buffer which it considers necessary, giving due consideration to the need for adequate view for, and of, pedestrians, vehicular traffic and the motorists entering and leaving the parking area. Installation and maintenance of the buffer shall be the responsibility of the owner of the parking area; and

(7)

Parking areas in side yards and rear yards and areas used for parking for commercial uses grouped together on one or more contiguous parcels of land having shared access and shared offstreet customer parking shall be lighted in accordance with section 129-356.

(d)

Drive-up or drive-through facilities. None of the uses permitted in a local business district, either uses permitted by right or conditional uses, may employ or have a drive-through or drive-up window or facility except with the prior written approval of the planning commission.

(Ord. No. 1763, § 1(19-12-3), 2-25-2008)

If artificial illumination is provided for a parking area, it shall be arranged so as to shine and reflect away from any adjacent residential areas and from any street adjacent to or near the parcel. No lighting fixtures used for any parking area shall be elevated more than 14 feet above the ground. Each lighting fixture shall be designated and installed so as to direct its beam of light below the horizontal plane of such lighting fixture.

(Ord. No. 1763, § 1(19-12-4), 2-25-2008)

For any newly constructed building there shall be provided on the parcel on which the building is located a service yard, the size of which shall be sufficient to serve the needs of the occupants of such building, and which shall be located at the rear of such building. The service yard shall have access to a street, alley, or driveway and shall provide adequate accommodations for the handling of waste and garbage and for the loading and unloading of vehicles. The service yard shall be paved with asphalt or concrete and shall be enclosed with an opaque wall or fence of permanent construction, at least six feet, but not more than eight feet, in height, and designed and constructed so as to conceal the service yard from visibility from outside such wall or fence. The entrance to the service yard shall be screened by a gate constructed of an opaque material, which gate must be the same height as such wall or fence. No part of the required service yard may be used to satisfy the offstreet parking requirements of this article.

(Ord. No. 1763, § 1(19-12-5), 2-25-2008)

Building permits and certificates of occupancy may be issued for uses that do not conform to the requirements set forth in this article only under the following conditions. These provisions may not be applied to building permits or certificates of occupancy for parcels zoned local business and covered by the village overlay standards.

(1)

A development plan containing the information specified in sections 129-233 and 129-234 of this Code shall be submitted to the zoning official or building official of the city and shall thereafter be processed, reviewed, and acted upon in accordance with the procedures provided in sections 129-233 and 129-235 of this Code. Prior to issuance of a building permit for a nonconforming structure that is submitted for approval under the provisions of this section, public notice of the application shall be given and public hearings held thereupon by the planning commission and city council to the extent and in the manner that is required in order to rezone the property that is the subject of the application. The information that is required to be submitted in connection with the application shall be made available for public inspection in advance of any hearing to be held thereupon, and the availability of such information for public inspection shall be described in any notice of public hearing issued with respect to the application.

(2)

In addition to the information described above, the person, firm, or entity seeking authority to construct a nonconforming building, structure, or other improvement shall, in its application to the city, specifically identify all features of the proposed construction or improvement that do not meet otherwise applicable requirements, explain why a modification or deviation from these requirements is necessary and appropriate under the circumstances, and demonstrate how compensating architectural features, design elements, construction practices, or characteristics of the site will operate to mitigate the effect of the modification or deviation from the otherwise applicable requirements and thereby serve the purposes of the zoning ordinance.

(3)

If and to the extent not fully addressed in the development plan, the person, firm, or entity seeking authority to construct a nonconforming building, structure, or other improvement shall submit with its application a specific and comprehensive description of plans, methods, or means for resolving actual or potential problems, issues, or concerns pertaining to traffic flow and/or safety, drainage, landscaping, buffering, and lighting.

(4)

The planning commission may recommend, and the city council may approve construction of a nonconforming building, structure or other improvement, only to the extent that it furthers specified public interests in the city master plan. The plans for any construction using this process shall establish that the proposed construction achieves these specified public interests as well as or better than can be achieved through construction strictly meeting the provisions for this district.

(5)

No construction or improvement that does not conform to a development plan that has been approved by the city council in the manner prescribed above shall be permitted or authorized.

(Ord. No. 1763, § 1(19-12-6), 2-25-2008)