The uses permitted in Residence D Districts shall be as follows:

(a)

Duplexes;

(b)

Apartment houses;

(c)

Townhouses;

(d)

The dwelling units in any of the above permitted uses may be condominium dwelling units;

(e)

Accessory structures; accessory buildings, such as private garages, customarily incidental to residential occupancy; provided, that no accessory building may be used as a dwelling or occupied by any person, either on a long-term or temporary basis;

(f)

Gardens and greenhouses customarily incidental to residential occupancy; provided, that the products grown there may not be sold on the premises.

(Ord. No. 1778, § 2(19-7-1), 9-8-2008; Ord. No. 1972, § 1, 2-27-2017)

(a)

Requirements for development.

(1)

Minimum total site area .....One acre

(2)

Minimum number of feet of the parcel which must abut a street .....100 feet

(b)

Minimum dimensions of the parcel (within the development). .....

(1)

Minimum lot width for each dwelling unit .....25 feet

(c)

Minimum yards and building setbacks. .....

(1)

Minimum front yard setback for each building .....35 feet

(2)

Minimum rear yard setback for each building .....25 feet

(3)

Minimum side yard setback for each building .....20 feet

(d)

Building limitations. .....

(1)

Maximum building area .....50 percent
of the total site area

Impervious surfaces are limited to 5 percent more than the allowed maximum building area, as specified in subsection 113-228(e) of chapter 113.

(2)

Maximum number of stories .....Three

(3)

Maximum building height .....45 feet

(4)

Maximum allowable density .....One
dwelling unit per
6,000 square feet of land
contained in the parcel

(5)

Maximum number of dwelling units per townhouse building .....Seven

(e)

Building separation. .....

(1)

Minimum distance between townhouse buildings .....20 feet

(Ord. No. 1778, § 2(19-7-2), 9-8-2008; Ord. No. 1970, § 1, 1-10-2017)

(a)

Requirements for development.

(1)

Minimum total site area .....15,000
square feet

(2)

Minimum number of feet of the parcel which must abut a street .....100

(b)

Minimum dimensions of parcels. .....

(1)

Minimum width of parcel at all points between the street line and the front setback line .....100 feet

(c)

Minimum yards and building setbacks. .....

(1)

Minimum front yard setback .....35 feet

(2)

Minimum rear yard setback .....25 feet

(3)

Minimum side yard setback. .....

For buildings containing no more than one story .....12½ feet

For buildings containing more than one story, but less than three feet .....15 feet

For buildings containing three stories .....20 feet

(d)

Building limitations. .....

(1)

Maximum building area .....37½ percent

of the total area of the parcel

Impervious surfaces are limited to 5 percent more than the allowed maximum building area, as specified in subsection 113-228(e) of chapter 113.

(2)

Maximum number of stories .....Three

(3)

Maximum building height .....45 feet

(4)

Maximum allowable density .....One dwelling unit per 6,000 square feet of land contained in the parcel.

(Ord. No. 1778, § 2(19-7-3), 9-8-2008; Ord. No. 1970, § 1, 1-10-2017)

Notwithstanding any other provision contained in this article VII, the following minimum building setbacks and minimum public street and/or private road frontage requirements shall apply with respect to the construction of duplexes and townhouses on a parcel in a Residence D District if all of the land within the City of Mountain Brook which is contiguous to such parcel is located in one or more of the following zoning districts: Professional District; Office Park District; Local Business District; Community Shopping District and Recreational District (all other requirements of section 129-92 shall apply to townhouses constructed on any such parcel and all other requirements of section 129-93 shall apply to duplexes constructed on any such parcel):

(a)

Minimum yards and building setbacks.

(1)

Minimum setback for a front yard which is contiguous to a public street .....35 feet

(2)

Minimum setback for a front yard which is contiguous to a private road .....8 feet

Provided, that with respect to not more than ten percent of the lineal distance of a parcel which is contiguous to a private road, the minimum setback for the front yard may be not less than 5 feet.

(3)

Minimum rear yard setback .....10 feet

Provided, that, notwithstanding the ten-foot minimum rear yard setback, there must be a distance of at least 35 feet between the rear wall of any building constructed on such parcel, including an accessory structure, and the closest exterior wall of any existing building on the parcel or parcels which are contiguous to the rear line of such parcel; provided, further, that before a building permit for the construction of a duplex or a townhouse which is to have a rear yard setback of less than 25 feet is issued, the application for such permit must be submitted to the planning commission for a determination by the planning commission of whether or not a fence or a wall should be constructed, or landscaping installed, adjacent to, or near, the rear property line of such parcel for the purpose of at least partially obstructing the view of improvements to be constructed on such parcel from an adjacent parcel, and if the planning commission determines that such fence or wall should be constructed or such landscaping installed, the applicant or the owner of such parcel shall be obligated to construct such fence or wall or install such landscaping and the owner and subsequent owners of such parcel shall be obligated to maintain the fence, wall or landscaping in good condition.

(4)

Minimum side yard setback for buildings containing from one to three stories .....5 feet

Provided, that, notwithstanding the five-foot minimum side yard setback, there must be a distance of at least 20 feet between the sides of all buildings.

(5)

Minimum number of feet of the parcel which must abut a public street and/or a private road, which private road may abut, or be located on, such parcel .....100

(Ord. No. 1778, § 2(19-7-4), 9-8-2008)

(a)

Generally. All parking spaces and such attendant driveways and other areas as 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. All parking spaces, driveways and maneuvering areas shall be paved with asphalt or concrete. All such areas shall have adequate storm drainage facilities.

(b)

Parking spaces.

(1)

Minimum number of parking spaces required for each dwelling unit .....Two

(2)

Minimum size of each parking space .....10 feet
wide by
20 feet long

(c)

Parking areas in general. .....

(1)

Minimum setback from any street line .....20 feet

(2)

Maximum width of driveway or curb cut for access to and from street .....25 feet

(Ord. No. 1778, § 2(19-7-5), 9-8-2008)

(a)

Service yards. Each building erected in a Residence D District shall be provided with a service yard for the storage of garbage, trash and maintenance equipment. Each such yard shall be located so as to be conveniently accessible by a street, alley or driveway to vehicles collecting such refuse and to occupants of the building or buildings served by such yard. Each such yard shall be paved with asphalt or concrete and shall be enclosed by 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 at least six feet, but not more than eight feet, in height.

(b)

Sidewalks. Sidewalks of not less than five feet in width shall be provided between any parking area and the building or buildings which they serve, and there shall be a curb between all parking areas and any adjacent sidewalk. The sidewalks shall be paved with concrete or brick.

(c)

Exterior lighting. 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 away from any streets adjacent to or near the parcel. No lighting fixtures used for any parking area shall be elevated more than 14 feet above the ground, except for a light which is installed on the ceiling of a porch of a dwelling unit and is designed to illuminate only such porch. Each lighting fixture shall be designed and installed so as to direct its beam of light below the horizontal plane of such lighting fixture.

(d)

Fire protection. No portion of any building shall be located further from a fire hydrant than may be reached with 500 feet of fire hose.

(e)

Title to property. All common areas located within a development in a Residence D District, such as streets, parks, recreational facilities, planted or forested areas, and all other improved or unimproved real property and improvements (including, without limitation, surface and underground drainage detention systems) located within developments in Residence D Districts shall be privately owned, and title thereto may be held by a trustee for the benefit of the residents of such development, by a private corporation, by an association of the residents thereof or as undivided interests owned by the owners of the lots within such development. Such trustee, corporation, association or owners (jointly and severally) shall be responsible for the proper care and maintenance of such streets and other property and improvements, including, without limitation, surface and underground drainage detention systems. All private roads shall remain private and shall not become public streets to be maintained by the city.

(Ord. No. 1778, § 2(19-7-6), 9-8-2008)