(a)

Temporary field offices or work sheds to be used while a commercial or industrial building is being repaired, remodeled or initially constructed are permitted in all districts. All such temporary structures shall be removed within 15 days after the contract completion date.

(b)

The following uses are permitted in all districts subject to appeal to the zoning board of adjustment: electrical transformer stations, gas regulator stations, sewage and water treatment plants and pumping stations, and standpipes for public water supply; provided, however, the location of the facility in any residential zone shall comply with the following requirements:

(1)

The facility is essential to the immediate area or for the proper functioning of the total utility system of which the above element is a part.

(2)

All buildings or structures, except enclosing fences, shall be set back at least 50 feet from all property lines.

(3)

The facility is enclosed by a protective fence of adequate height.

(4)

All open spaces on the premises are suitably landscaped and maintained.

(5)

Storage of vehicles and equipment on the premises shall be prohibited.

(6)

The surrounding area shall not be adversely affected but shall be protected from noise, odor, glare, dust, fumes, gas, smoke, and vibration by such suitable means and conditions as the zoning board of adjustment may specify.

(Code 1979, ch. 40, § 9(1)(a), (b))

Future street lines established by a duly adopted thoroughfare plan shall be used to determine the minimum required yards, lot area, lot width and building area of any lot existing at the time the plan is adopted.

(Code 1979, ch. 40, § 9(11))

Where a new structure is to be built between two existing structures not conforming to required front yard setbacks, the zoning board of adjustment shall rule.

(Code 1979, ch. 40, § 9(13))

Editor's note— Ord. No. 1247-01, Art. II, adopted Feb. 19, 2001, repealed § 122-179, which pertained to advertising signs and structures and derived from Code 1979, ch. 40, § 9(14).

In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground at least four acres not subdivided into the customary streets and lots and not to be so subdivided or where existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing projects, the application of such requirements to such housing projects shall be done by the zoning board of adjustment with the advice of the planning commission, in a manner that will be in harmony with the character of occupancy, a density of land use no higher and a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located, and will provide layout design and public utilities in harmony with the general requirements and minimum standards of design of the subdivision regulations of the city. In no case shall the zoning board of adjustment authorize a use or a building height or building area prohibited in the district in which the housing project is to be located.

(Code 1979, ch. 40, § 9(15))

The zoning board of adjustment may require the conduct of any use, conforming or nonconforming, which results in unreasonable noise, smoke, gas, vibration, fumes, dust, fire or explosion hazard or nuisance to surrounding property to be modified or changed to abate such hazard to health, comfort and convenience. The board may direct the building inspector to issue an abatement order, but such order may be directed only after a public hearing by the board, notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted in addition to due notice of advertisement in a newspaper of general circulation. A hearing to consider issuance of an abatement order shall be held by the board either upon petition by any persons affected by the hazard or nuisance, or upon the initiative of reasonable evidence of hazard or nuisance and the order shall specify the date by which the hazard or nuisance shall be abated.

(Code 1979, ch. 40, § 9(12))

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 50 feet from the point of intersection.

(Code 1979, ch. 40, § 6(1))

No accessory building shall be erected or placed in any required front or side yard unless located within the rear yard requirements, and no separate accessory building shall be erected within five feet of any other building. However, an attached or detached accessory building used solely to house guests of the occupants of the principal building and which is never separately leased or offered for rent and located on the same lot as the principal building and electrical power service is provided from the principal building in that no separate electrical meter or service shall be provided to the guest house is permitted in R-l, R-2 and R-3 zones. Setback requirements shall be the same as for an accessory building as otherwise set forth herein or as may be amended from time to time.

(Code 1979, ch. 40, § 6(2); Ord. No. 1478-15, § I, 10-5-15)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(Code 1979, ch. 40, § 6(3))

The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Code 1979, ch. 40, § 6(4))

Every building erected or moved after the effective date of the ordinance from which this chapter is derived shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(Code 1979, ch. 40, § 6(5))

(a)

All structures and buildings erected and constructed in B-1, B-2 and B-2-A zones of the City of Muscle Shoals, Alabama, as said terms may be described by the zoning ordinance of the city, shall be erected and constructed so that the portions of said structures and buildings have decorative masonry products, as hereinafter defined, on the front and sides of, or any portion of said structure or building that adjoins a public right-of-way and said decorative masonry products, as hereinafter defined, shall cover 100 percent of the nonglazed (area not covered by two-way glass through which parties may view) area of the front of said structure or building, and the sides thereof, or any portions of said structure of building which adjoin a public right-of-way.

The types of decorative masonry products required herein shall be either one, or a combination, of the following materials:

(1)

Brick.

(2)

Exterior insulation finish system (EIFS). EIFS is a synthetic stucco-cladding used on exterior walls in both commercial and residential construction. EIFS uses a stucco-like polymer-based outer coating containing a plastic resin which makes the coating softer and more flexible than traditional hard-coat stucco. EIFS is applied using an expanded polystyrene (PS) insulation board resembling styrofoam.

(3)

Stucco.

(4)

Natural stone.

(5)

Split-faced block.

(6)

Ceramic tile.

(7)

Fiber cement siding.

(b)

From and after the date hereof, all structures and buildings erected and constructed in S-1, B-2 and B-2-A zones of the City of Muscle Shoals, Alabama, as said terms may be described by the zoning ordinance of the city, shall provide for asphalt or concrete paving to connect the front of said structure or building with the street or thoroughfare upon which said structure or building faces, equivalent to the width of the front of said structure or building.

(c)

Notwithstanding the foregoing, any building or structure within the city shall be exempt from the provisions set forth herein upon the presentation of an architectural rendering and plans for the exterior of said building or structure prepared and submitted by a certified, registered and professional architect and approved by the governing body of the city, or its designee.

(Ord. No. 1080-89, 12-19-89; Ord. No. 1193-98, § I, 6-1-98; Ord. No. 1278-02, § 1, 10-14-02; Ord. No. 1298-03, § I, 7-21-03; Ord. No. 1383-07, § I, 1-16-07)

For purposes of this section, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for a time not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

(Code 1979, ch. 40, § 6(6))

Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(Code 1979, ch. 40, § 6(7))

No mobile building units shall be permitted in zones B-1, B-2, R-1, R-2, R-3, RMF-1, AC-1, FP-1 and O1-1; mobile building units shall be permitted in M-1 and M-2 on a temporary basis upon issuance of a permit by the planning commission.

(Code 1979, ch. 40, § 6(8))

For the purposes of section 122-203 "floor area" shall mean the gross floor area of all floors of a building or an addition to an existing building. The total parking area includes access drives within the actual parking area.

(Code 1979, ch. 40, § 9(4))

In each zoning district each structure shall be provided with off-street vehicle storage and parking facilities in accordance with the following:

(1)

In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of spaces required shall be construed to be the next highest whole number.

(2)

Whenever a use is increased in floor area or units of service or whatever least used, additional parking spaces shall be provided in amount hereafter specified for the use, if the existing parking space is inadequate to serve the increased activity.

(3)

Off-street parking facilities for one- and two-family dwellings shall be located on the same lot or plot of ground as the building served.

(4)

Off-street parking facilities for multifamily dwellings containing up to and including eight dwelling units shall be provided on the same lot or plot of ground as the building served.

(5)

Off-street parking facilities for multifamily dwellings containing more than eight dwelling units may be located within 300 feet of the building intended to be served.

(6)

Off-street parking facilities for an industry or commercial establishment which employs 250 or more employees may be located within 300 feet of the building or buildings to be served, and a distance greater than 300 feet upon recommendation of the planning commission and approval of the mayor and city council.

(7)

Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be individually required.

(8)

The off-street parking requirements of one or a number of establishments can also be met through the provision of the total number of required spaces in an off-street parking lot or structure located not more than 500 feet from any of the establishments it is designed to serve. Also, the distance requirement shall be measured along sidewalks and pedestrian walks, not across country.

(9)

Off-street parking requirements for uses not specifically mentioned in this division shall be the same as those required for uses of a similar or related nature.

(10)

Parking lots or areas adjacent to public streets shall have driveways or curb cuts not to exceed 25 feet in width at the curbline. All such lots or areas shall have a protective wall or bumper block at least five feet from any sidewalk line, and the lots shall be so designed that all vehicles leaving the facility will be traveling forward when entering a street, alley or public thoroughfare.

(11)

Driveway entrances and exits of a parking area shall not be computed as a part of the required parking area.

(12)

Off-street parking.

a.

Surfacing. Notwithstanding any provision to the contrary, all off-street parking spaces required by this section in B-1, B-2 and B-2A zones within the city and intended for use by the public or by employees, and their access roads within the parking area and leading from the street to said area, shall be paved with an all-weather surface of asphaltic concrete, Portland cement concrete or any equivalent material acceptable to the administrative officer, and maintained such that no dust will result from continued use. All spaces be arranged and marked so as to provide for orderly and safe parking. Drainage shall be provided to dispose of all surface water without crossing sidewalks. Off-street parking shall be required for any automobile, mobile home, recreational vehicle, boat, trailer sales or similar establishments that offer these types of items for sale. The parking area for these items on display shall be paved and meet the same requirements as the required parking area.

b.

Off-street parking and vehicular use area (PVA) landscaping requirements.

1.

Purpose.

(i)

Require planting and preservation of trees and other landscape elements to improve the appearance, character, and value of surrounding properties.

(ii)

Establish criteria for off-street parking areas in order to protect and preserve the appearance, character, and value of surrounding properties, and thereby promote the general welfare, safety, and aesthetic quality of the city.

(iii)

Partition large PVAs with planting islands and peninsulas.

(iv)

Insulate public rights-of-way and adjoining properties from noise, glare, and other distractions originating from off-street PVAs.

(v)

Provide safer vehicle and pedestrian circulation within off-street PVAs.

(vi)

Protect streams and watercourses from excessive runoff and erosion, and to replenish underground water reservoirs by using drainage and infiltration systems.

2.

General requirements and landscape plans.

(i)

Any off-street PVA (or system of PVAs) totaling 20 or more parking spaces or containing 8,000 square feet or more must be constructed in accordance with landscape plans complying with this subsection. Perimeter landscaping is required for all such PVAs; in addition interior landscaping is required for PVAs of 40 or more parking spaces, or 16,000 or more square feet in area.

(ii)

Existing paved or unpaved PVAs. When a lawful paved or unpaved off-street PVA already exists at the effective date of Ord. No. 1240-00, such area may continue until it is expanded by more than 25 percent of its existing parking capacity as calculated pursuant to this section at which time the entire PVA must be brought into conformity with the requirements for new construction.

(iii)

Minimum compliance. The requirements of this subsection are minimum standards.

(iv)

Exceptions: Single-family dwellings shall be exempt from the provisions of this section. M-1 and M-2 districts shall require frontage landscaping only, provided the building site does not abut a R-1, R-2, R-3 zone in which case subsection (12)b.5., herein, "perimeter landscaping requirements" will apply excluding island or peninsulas in the (PVA).

3.

Definitions.

Access way. One or more driving lanes intended for use by vehicles entering or leaving a PVA.

Berm. A planted or landscaped elevated ground area between two other areas, generally designed to restrict view and to deflect or absorb noise.

Caliper. Trunk diameter of a tree used in landscaping, measured at breast height.

Crown. The branches and leaves of a tree or shrub with the associated upper trunk.

Deciduous plants. Those that shed their leaves during their dormant season and produce new leaves the following growing season.

Evergreen plants. Those that retain their leaves during their dormant season.

Ground cover. Plants, mulch, gravel, and other landscape elements used to prevent soil erosion, compaction, etc.

Interior landscaping. Treatment of grade, ground cover, vegetation, and ornamentation within a PVA.

Island. An interior landscaping feature surrounded on all sides by driving and/or parking surfaces.

Landscape element. A plant material (living or nonliving) or an ornamental material (river rock, brick, tile, statuary, etc.) differentiated from surrounding PVA surfacing materials.

Mulch. A material (pine straw, bark chips, wood chips, etc.) placed on the ground to stabilize soil, protect roots, limit weed growth, and otherwise promote tree and shrub growth by simulating the role of natural forest leaf litter.

Off-street parking and vehicular use area (PVA). An area, other than on public right-of-way, designated for the parking and movement of vehicles.

Parking garage. A structure used for parking of vehicles and having one or more parking levels above the grade of surrounding land.

Parking space. An area marked for the parking of one vehicle.

Peninsula. An interior landscaping feature attached on only one side to perimeter landscaping, buildings, etc., and surrounded on all other sides by PVA.

Perimeter landscaping. Treatment of grade, ground cover, vegetation, and ornamentation between a PVA and adjoining properties and/or rights-of-way, but excluding landscaping between a PVA and buildings on the same property.

PVA. See off-street parking and vehicular use area.

Shrub. A woody plant, generally multistemmed, of smaller stature than a tree.

Stem. See trunk.

Tree. A woody plant, generally with no more than one or two principal stems.

Trunk. A principal upright supporting structure of a tree or shrub.

Underground PVA. A parking area completely covered by a structure or by grass or other landscaping elements.

Visibility triangle. An area of critical visibility defined by this section in which landscaping is restricted in the interest of vehicular traffic safety.

4.

General PVA landscaping requirements. Landscaping of PVAs when required shall be of two types as described below; perimeter landscaping and interior landscaping, and shall conform to landscape plans submitted and approved in accordance with the requirements of this subsection.

(i)

Landscape plan requirements. A master site plan in sufficient detail to indicate the number of parking spaces, the overall amount of PVA area, the amount of interior landscaping area, and the extent of perimeter landscaping shall be submitted and approved before issuance of a building permit. A detailed plan shall be submitted and approved before the installation of landscape materials is begun. Landscape plans submitted under this subsection shall include information as listed below:

(1)

General information, including date, north arrow, and scale of one inch to no more than 50 feet; all property lines, locations of all existing and proposed easements and rights-of-way. Existing and proposed topography, drawn at a maximum contour interval of five feet and indicating drainage channels; the zoning designations of the site itself and all adjacent properties; the names, addresses and telephone numbers of developers, architects, and owners of the property for which the plan is designed; and the name and business affiliation of the person preparing the landscape plans.

(2)

Construction information, including the locations of buildings, parking spaces and vehicular use areas; utility fixtures, including light poles, power and service poles, aboveground pedestals (low-voltage) and pad-mounted (high-voltage) fixtures, underground electrical, communication and television cables and conduits; hose bibs sprinkler systems, meters, control boxes, etc.; and the amount (square feet) of PVA and intended surface treatments; and the total amount (square feet) of interior landscaping in peninsulas and islands.

(3)

Landscaping details, including the locations, caliper, species (common name), and intended treatment (move, remove, or save) of existing trees four inches or larger in caliper. Locations, dimensions and treatments of all perimeter and interior landscaping areas (island and peninsulas).

(4)

A schedule of all new and existing plants proposed for landscaping, including size (caliper and height, container size, etc.), condition (bare root, balled-and-burlapped, container grown, or preexisting), common names and botanical names (genus, species, and variety) of trees, shrubs, and ground cover, and the type and amount of turf grasses.

5.

Perimeter landscaping requirements. For any PVA of 20 or more parking spaces or totaling 8,000 square feet or more, perimeter landscaping according to these standards must be provided within the property lines between the PVA and adjoining properties and public rights-of-way within 50 feet of the PVA. Planting areas existing in the public rights-of-way or on adjoining property shall not count toward the required perimeter landscaping area. Perimeter landscaping shall be required where parking or maneuvering areas abut R-1, R-2, and R-3 zoning districts.

(i)

Perimeter landscaping areas shall be at least five continuous feet in depth, excluding walkways, measured perpendicularly from the adjacent property line or right-of-way to the back of curb or pavement edge.

(ii)

Perimeter landscaping for developments containing 100 or more spaces shall be at least ten feet in depth, excluding walkways, measured perpendicularly from the adjacent property to the back of the curb.

(iii)

Perimeter landscaping shall be planted in accordance with requirements for frontage landscaping as outlined in this section.

Note: Where a development is proposed adjacent to an existing commercial development, the respective property owners may make application to the building official for common access through the required perimeter strip. This application must be in writing from all property owners involved and be accompanied by a revised landscaping plan illustrating the proposed strip modifications.

(iv)

A development adjacent to an R-1, R-2, or R-3 district shall have a 20-foot landscaped buffer for developments requiring perimeter landscaping. All other developments adjacent to an R-1, R-2 or R-3 district shall have a ten-foot landscaped buffer area. All landscaped buffer areas required under this section shall consist of a solid unbroken visual screen, eight feet high within two years of planting, and in sufficient density to afford protection to the residential districts from the glare of lights, from blowing paper, dust and debris, from visual encroachment and to effectively reduce the transmission of noise. A perimeter buffer area shall be maintained in a clean and neat condition.

(v)

At the option of the developer, application may be made to the building official for the following reductions of the required landscaped buffer adjoining R-1, R-2, or R-3 districts:

(1)

Developments of up to 50 parking spaces. Provided a wooden fence eight feet high is constructed at the property line to obstruct view from adjoining properties, the required buffer may be reduced to five feet where parking bays are proposed, and three feet where maneuvering area only is proposed. The strip area between the fence and the parking or maneuvering area shall be planted in accordance with subsection (12)b.5., above.

(2)

Developments of 51 or more parking spaces. Provided masonry wall eight feet high is constructed at the property line to obstruct view from adjoining properties, the required buffer may be reduced to eight feet. The strip area between the wall and the parking or maneuvering area shall be planted in accordance with this section.

(vi)

Access ways through perimeter landscaped areas, between PVAs and public rights-of-way and between adjacent PVAs, shall conform to the following standards: The maximum width of access way shall be 30 feet for one-way and 35 feet for two-ways. The width of access ways may be subtracted from the perimeter dimension used in determining the number of trees required. Access ways for sites must have specific approval from the city public works department, city engineer, and if fronted on a state highway, the state highway department.

(vii)

Perimeter landscaping shall include at least an average of one tree and six shrubs per full 50 linear feet of perimeter requiring perimeter plantings (less access ways); shrubs are optional in areas where a berm at least three feet in height is used. Berms with ground cover that necessitates mowing shall not have a slope greater than one foot of rise per three feet of run. Trees and shrubs shall be well distributed, though not necessarily evenly spaced.

6.

Interior landscaping requirements. Planting islands and/or peninsulas shall be provided for any PVA of 40 or more parking spaces or 16,000 or more square feet (not including the area of perimeter landscaping and not including the area of any plantings between the parking lot and buildings), with dimensions and arrangements as given below:

(i)

The minimum area of required interior landscaping shall be determined by the following formula:

Number of parking spaces × 18 = Minimum square feet of interior landscaped area.

(Example: 50 parking spaces × 18 = 900 square feet)

(ii)

Each island or peninsula, to count toward the total interior landscape requirement, shall be a least 100 square feet in area; however, the maximum contribution of any individual island or peninsula to the total interior landscaping requirement shall be 1,000 square feet.

(iii)

Islands and peninsulas must be a least five feet in their least dimension, measured from back of curb to back of curb.

(iv)

Islands and peninsulas in PVAs shall be as uniformly distributed as practicable, to subdivide large expanses of parking areas, to regulate traffic flow, to protect pedestrians, and to permit access by emergency vehicles. When practicable, islands and/or peninsulas shall be placed at the ends of rows of parking spaces or between the circulation drives and parking rows, to channel traffic safely around the parking areas and to demarcate parking rows. No more than ten adjacent parking spaces may be placed side by side, without an intervening landscaped/planted island or peninsula.

(v)

The interior landscaped area shall contain at least an average of one tree and four shrubs per 200 square feet of landscaped area. Each island or peninsula shall contain at least one tree or three shrubs.

7.

Maintenance of landscaping. The owner, lessee, or his agents shall be responsible for providing, maintaining, and protecting all landscaping in a healthy and growing condition, and for keeping it free from refuse and debris. All unhealthy and dead material shall be replaced within one year after notification, or during the next appropriate planting period, whichever comes first.

8.

Variances. The board of adjustments may grant a written variance from requirements of this subsection in extraordinary circumstances that do not permit full compliance with this subsection, provided the variance will accomplish the objective of this section.

9.

Notice of installation. Upon the beginning of installation of plant material required by this subsection, the property owner or developer shall notify the building department. The building department will require correction of conditions contrary to the requirements of this subsection and replacement of plant materials that are dead, diseased, damaged, or planted so as to kill or injure plants, or that present a hazard to traffic or pedestrians.

10.

Bonding. No certificate of occupancy shall be issued until the provisions of this subsection have been met or a performance bond, letter of credit or certified check has been posted. When circumstances preclude immediate planting, a certificate of occupancy may be granted after; (1) the owner or developer has completed all curbing, irrigation system, and other construction preliminary to planting; and (2) the property owner or developer posts a corporate surety bond, letter of credit, or cashier's check with the city clerk in an amount equal to 110 percent of the cost of the total required planting, including labor. Such bond shall be made payable to the city. Landscaping must be completed and approved within six months (180 calendar days) after the certificate of occupancy is issued in order to redeem the bond.

(Code 1979, ch. 40, § 9(2); Ord. No. 1240-00, § I, 12-4-00; Ord. No. 1366-06, § I, 4-17-06)

Parking facilities or spaces shall be determined according to the following requirements, and the amount of parking facilities needed shall be designated for such use:

(Code 1979, ch. 40, § 9(3))

Any building which meets the parking requirements of this division on the effective date of the ordinance from which this division is derived or at any subsequent time shall continue to comply fully with all requirements of this division. Any existing building which partially meets the requirements of this division on the effective date of the ordinance from which this division is derived or any subsequent time shall thereafter continue to comply as nearly with these requirements as the highest degree of compliance reached.

(Code 1979, ch. 40, § 9(5))

No off-street parking required for a building or structure shall during its life be occupied by or counted as off-street parking for another building or structure, but may be counted as yard space.

(Code 1979, ch. 40, § 9(6))

No parking space shall be so designed as to require the vehicle parked therein to back onto a public street, with the exception of single-family and two-family residences.

(Code 1979, ch. 40, § 9(7))

All parking areas shall be surfaced according to city specifications.

(Code 1979, ch. 40, § 9(8))

(a)

Any vehicle parking space shall be used for parking purposes only. Any other use of such space, including repair work or servicing of any kind, or the requirement of any payment for the use of such space, shall be deemed to constitute a separate commercial use, and to be in violation of this division.

(b)

No building or accessory structure shall be erected in any off-street parking area, except a parking garage containing parking spaces equal to the requirements set forth by this division.

(c)

The parking areas designated in this division shall be considered as required open space on the lot, and shall not be reduced or encroached upon in any manner.

(d)

In all zoning districts, a minimum area of 400 square feet shall be used in computing the area required for each vehicle parking space.

(Code 1979, ch. 40, § 9(9))

On the same premises with every building, structure or part thereof erected and occupied for manufacturing, storage, warehousing, goods display, department store, wholesale store, hotel, hospital, mortuary, laundry, dry cleaning, grocery or other uses similarly involving the receipt or distribution of materials or merchandise, there shall be provided and maintained on the lot or premises adequate space for standing, loading and unloading facilities in order to avoid undue interference with the public's use of the streets or alleys. Such space, unless otherwise adequately provided for, shall include a ten-foot by 50-foot loading space (with a minimum height clearance of 14 feet) for every 10,000 square feet or fraction thereof in excess of 3,000 square feet of building floor space.

(Code 1979, ch. 40, § 9(10))

(a)

The purpose and intent of the SRA special zoning requirements is to provide a protective district with a park-like development for the orderly growth and development of certain industries and uses permitted. The SRA provides security to industries requiring the benefits that accompany this area and protects these industries from encroachment by commercial, residential, and other land uses adverse to the location and expansion of such development.

(b)

The SRA special zoning requirements are intended to promote the physical and mental health, safety, and welfare; the economics, social, and cultural well being; and the convenience and comfort of the inhabitants of the Shoals Research Airpark and its environment.

(c)

These requirements are in addition to the requirements of the M-2 zoning of the SRA. Where there is a conflict between these special requirements and the M-2 zoning requirements the more stringent requirement will prevail.

(Ord. No. 1433-11, § I, 7-18-11)

Unless the context otherwise specifies or requires, each term defined in this section shall, for all purposes of this section, have the meaning herein respectively specified.

Airpark. The term "airpark" shall mean the real property known as Shoals Research Airpark described on Exhibit "A" attached to the ordinance and kept on file with the city.

Developed site. The term "developed site" shall mean a site upon which permanent buildings necessary for the actual operation of an industrial or commercial enterprise have been completed.

Improvements. The term "improvements" shall mean buildings, outbuildings, underground installations, slope alterations, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures or landscaping improvements of every type and kind.

Owner. The term "owner" shall mean the recorded legal or beneficial owner, whether one or more persons, or title holder to any building site located in any part of the airpark.

Site. The term "site" shall mean all contiguous land in the airpark under one common ownership which has been, will or can ultimately be developed by an owner, with a building or buildings and appurtenant structures.

SRA. The term "SRA" shall mean the real property known as Shoals Research Airpark described on Plat Book 2010 Page 1.

(Ord. No. 1433-11, § I, 7-18-11)

No building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged, or maintained subject to the conditions stated therein and review and approval by the building official.

(Ord. No. 1433-11, § I, 7-18-11)

The following performance standards shall be required for all uses located in the industrial park district:

(1)

Air pollution. Every use shall be so operated as to comply with the standards and limitations set by EPA, OSHA, ADEM, and any and all emissions limitations of the City of Muscle Shoals Code as exists or as amended or revised.

(2)

Odors. No odors shall be emitted that are detectable without instruments at or beyond any property line.

(3)

Noise. Every use shall be so operated as to comply with any and all noise limitations specified in the special zoning district as exists or as amended or revised.

(4)

Fire and explosion hazard. All activities and all storage of flammable and explosive materials shall be in accordance with the National Board of Fire Underwriters' publications and other local ordinances as applicable. *See NFPA National Fire Code.

(5)

Glare. No direct glare or reflected glare shall be produced so as to be visible beyond any lot line.

(6)

Radiation. Industrial operations shall cause no dangerous radiation at any property line as specified by the regulations of the Alabama Department of Public Health, Bureau of Radiological Health, and the EMA Policy as set forth in Colbert County All Hazards Emergency Operation Plan.

(7)

Radioactive material. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of materials into the air or water, and the disposal of radioactive wastes shall be in conformance with the regulations of Alabama Department of Public Health, Bureau of Radiological Health, and the EMA Policy as set forth in the Colbert County All Hazards Emergency Operation Plan.

(8)

Electromagnetic interference. Industries shall emit only that amount of unshielded spurious electromagnetic radiation as is necessary for the conduct of their operations. Federal Communications Commission requirements shall govern maximum radiation which tends to interfere with meaningful signals.

(9)

Water pollution. No effluent shall be discharged in any stream. Discharge into the Muscle Shoals Stormwater Sewerage System shall be approved by the City of Muscle Shoals.

(10)

Waste. All industrial wastes shall be treated and disposed of in such a manner as to comply with all federal, local and state standards.

(11)

Outside storage. Outside storage is generally prohibited. In special circumstances it may be approved on a very limited basis by the zoning board of adjustment.

(12)

Lighting. Security lighting must be provided for all parking and vehicular areas on the site.

(Ord. No. 1433-11, § I, 7-18-11)

(a)

Yards facing an existing or proposed street shall be considered front yards. Such yards shall have a minimum depth of 50 feet. On corner lots having two front yards, a 25-foot required front yard shall be maintained on both streets that the building faces.

(b)

Minimum required depth of rear yard shall be 25 feet except where rear yards abut the exterior boundary of the district, in which case an additional 15-foot shall be planted and maintained.

(c)

Minimum required width of each side yard shall be 25 feet, unless adjoins exterior boundary or a residential zone in which side yard would be 40 feet.

(d)

All required yards shall be kept clear of parking, loading areas, accessory uses, and buildings; provided, however, that a gate or security station or detached ground identification sign meeting the applicable regulations may be located in the required yard.

(Ord. No. 1433-11, § I, 7-18-11)

(a)

Building and all paved areas shall not cover an area greater than 70 percent of the total lot area.

(b)

Minimum lot area shall not be less than two acres for each lot.

(c)

Minimum lot width of each tract shall not be less than 200 feet on a public road.

(d)

No tracts shall be subdivided.

(Ord. No. 1433-11, § I, 7-18-11)

(a)

The minimum of off-street parking spaces shall be provided in at least the amount and maintained in the manner set forth in the zoning district pertaining to off-street parking and off-street loading.

(b)

Parking areas shall not be placed in any required yard and shall be paved with an all-weather surface of asphaltic concrete, Portland cement concrete, or any equivalent material acceptable to the building official. The parking area shall be maintained such that no dust will result from continued use. Curb and gutter shall provide for proper drainage. No parking shall be permitted any place other than paved parking areas. No on-street parking or loading zones shall be permitted.

(c)

Loading areas for supplies and service shall be sufficient to meet the requirements of each use. Loading areas shall not be placed within any front yard or any required side or rear yard and shall be located and properly screened from any existing or proposed street.

(Ord. No. 1433-11, § I, 7-18-11)

Facility yard monument sign.

(1)

The facility yard monument sign identifies the occupant or facility name, gives the street address, and may contain site directional information.

(2)

A facility yard monument sign shall have the following dimensions: A maximum height of six feet and a maximum width of 12 to 18 inches, length of sign shall not exceed 15 feet.

(3)

A facility yard monument sign may contain up to two company names and/or logos. If more than two companies occupy a single facility, only the facility name may be placed on the facility yard monument sign.

(4)

One facility yard monument sign per tract of land.

(5)

The facility yard monument sign shall be placed perpendicular to an existing public road, outside of right-of-way, and must be located a minimum of 20 feet from the property line and 15 feet from site access roads.

(6)

No facility yard monument signs shall consist of any wood products.

(Ord. No. 1433-11, § I, 7-18-11)

Must comply with Northwest Regional Airport Ordinance and comply with adopted building code.

(Ord. No. 1433-11, § I, 7-18-11)

Landscaping shall be according to that required by section 122-202 of the zoning ordinance with the following exceptions:

(1)

No interior landscaping will be required in parking and vehicular areas.

(2)

Each yard shall be planted with turf grass.

(3)

Service, screening, storage area. Garbage and refuse containers shall be concealed and contained within the buildings, or shall be concealed and contained by means of screening wall of material similar to and compatible with that of the building. These elements shall be integral with the concept of the building plan, be designed so as not to attract attention, and shall be located in as inconspicuous manner as possible. Unless specifically approved by the building department in writing, no materials, supplies, or equipment shall be stored in any area on a building site except inside a closed building, or behind a visual barrier screening in such areas so that they are not visible from neighboring building sites or public streets.

(Ord. No. 1433-11, § I, 7-18-11)

No land shall be developed and no use shall be permitted that result in flooding, erosion or sedimentation to adjacent properties. All runoff shall be properly channeled into a storm drain, watercourse, storage area, or other stormwater management facility. Infiltration on each property is encouraged. The city may, in its discretion, require on-site detention or sedimentation. Drainage must meet the requirements of the city's stormwater requirements in place at the time of the development.

(Ord. No. 1433-11, § I, 7-18-11)

All power, communications, and other utility/wiring installed from the right-of-way shall be placed underground.

(Ord. No. 1433-11, § I, 7-18-11)

Anyone desiring to secure a building permit for the use of land lying in Shoals Research Airpark must submit to the City of Muscle Shoals Building Department the following:

(1)

A site plan showing location and design of buildings, driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas, sidewalks, and utilities and utility easements, location of sign, and waste disposal facilities.

(2)

The percent of coverage of the total site in buildings, parking areas, accessory structures and drives.

(3)

A grading and drainage plan showing all existing and proposed contours, spot elevations, drainage facilities, all required drainage calculations, and all required erosion and sedimentation control measures. These requirements must meet ADEM and the City of Muscle Shoals requirements.

(4)

A landscape plan showing all required landscaping, all calculations for required landscape areas and plants, all screen walls and fences, plant schedule of types and sizes, and appropriate installation details.

(5)

Building plans certified and stamped by appropriate professionals and elevations showing finish materials, and colors and accessories.

(6)

Plans for all signs to be erected, including location, dimension, design, colors, material and lighting for each.

(Ord. No. 1433-11, § I, 7-18-11)

(a)

Finished building material shall be applied to all sides of a building. Colors shall be harmonious and compatible with colors of the natural surroundings and other adjacent buildings. Wood frame buildings as well as exposed utility block buildings will not be allowed. No exposed metal surfaces will be allowed, except for an engineered designed panel.

(b)

All accessory buildings shall have the same exterior finish as the main building.

(Ord. No. 1433-11, § I, 7-18-11)