No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this Ordinance.

The following provisions shall govern the construction of buildings and structures:

A.

Multiple buildings for multi-family and/or nonresidential use shall be permitted on the same lot in accordance with the regulations applicable to the Zoning Districts in which they are located.

B.

Single-family detached and semi-detached (duplex) dwellings are limited to one such structure per lot except in Zoning Districts permitting apartments as a special exception. In such Zoning Districts, one (1) or more single-family detached and/or semi-detached (duplex) dwelling may be permitted on the same lot as a special exception, provided the structures or units are under one (1) ownership; or if separately owned, are covered by a condominium declaration setting out the various rights and responsibilities of ownership, including access and the maintenance of common areas.

The following rules apply to non-conforming uses and non-conforming structures in the City of New Hope.

A.

Continuance of Non-Conforming Land Uses and Non-Conforming Structures. Non-conforming land uses and non-conforming structures are declared by this Ordinance to be incompatible with permitted uses/conforming structures in the Zoning Districts in which they are located. However, to avoid undue hardship, the lawful use of any structure or land use at the time of the enactment of this Ordinance may be continued even though such use or structure does not conform with the provisions of this Ordinance except that the non-conforming structure or land use shall not be:

1.

Changed to another non-conforming use or allowed use unless such use/structure shall be in complete compliance with all regulations (i.e. including parking requirements, landscaping requirements, etc.) governing the Zoning District within which said use/structure is located;

2.

Reconstructed after removal unless such reconstruction shall in complete compliance with the regulations governing the Zoning District within which said use/structure is located;

3.

Repaired, rebuilt or altered after damage exceeding sixty percent (60%) of its cost at the time of destruction. Reconstruction to begin within six (6) months after damage is incurred. The provisions of this Section shall not apply to any residential unit;

4.

Enlarged or altered in any way which increases or decreases the amount of gross floor area of a structure or building unless such use/structure shall be in complete compliance with the regulations (i.e. including parking requirements landscaping requirements, etc.) governing the Zoning District within which said use/structure is located or unless enlargement or alteration is required by the building codes;

5.

Established after discontinuance unless such establishment shall be in compliance with all regulations governing the Zoning District (i.e. parking, landscaping requirements, etc.) within which said use/structure is located and any special regulations affecting that use/structure. Failure to obtain a business license, or closure for more than twelve (12) consecutive months shall constitute discontinuance; but the Zoning Board of Adjustment may extend by an additional six (6) months if a request is based upon a catastrophic event. If the actual operation of a legal non-conforming use of a structure, land, or structure and land ceases for a continuous period of twelve (12) months, the legal non-conforming use shall be deemed to be abandoned. Any and all subsequent use of the structure and land shall conform in all respects to the provisions of the Zoning Ordinance. Should the property owner, operator, or any other person dispute a finding of the Zoning Officer that the legal non-conforming use has been abandoned, they may seek a finding from the Zoning Board of Adjustment determining the length of the abandonment;

6.

Notwithstanding the foregoing, if at any time any structure in existence at the time any provision of the Zoning Ordinance becomes applicable to it, which does not conform to the Zoning Ordinance be damaged or destroyed by fire, explosion, act of God or act of public enemy, the land and structure shall be subject to all regulations specified in this Section, except that the Zoning Board of Adjustment may extend the period of non-use from twelve (12) months to eighteen (18) months.

B.

Building Restoration. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof found to be structurally unsound by the Building Official, nor the expansion, enlargement, or replacement of any non-conforming single family-residential dwelling as defined by this Ordinance nor the replacement of a manufactured home to meet the 1976 HUD standards.

C.

Non-Conforming Lots of Record. The purpose of this provision is to permit utilization of recorded lots that lack adequate lot area and/or lot width as long as reasonable living standards can be provided. The following rules apply to non-conforming lots of record in the City.

1.

A lot in a Zoning District permitting construction of a single family dwelling that was on record with the Madison County Probate Court prior to the adoption of this Ordinance and which does not meet the applicable minimum requirements for lot area and/or lot width of the Zoning District in which it is located may be utilized as a building site for a use permitted within that Zoning District provided that:

a.

The building shall be placed on the lot in such a way that the required building setback yards can be provided or can be provided within twenty percent (20%) of each required setback lines. In no case shall be width of any side yard be less than ten feet (10') or any rear yard be less than twenty feet (20'). The front yard setback requirements shall not apply to any lot where the average depth of front yard setbacks of existing residences located within one hundred feet (100') of each side of such lot and within the same block and Zoning District, and fronting on the same street of such lot is less than the minimum required front yard depth. In such cases, the minimum front yard shall be the average to the existing front yard depths of the existing residences.

b.

In an R-4 Zoning District, the maximum building area may be increased by fifteen percent (15%) from twenty-five percent (25%) to forty percent (40%) if building setback yard requirements described in a. above are met.

c.

In an R-4 Zoning District, the width of the lot measured at the building setback line shall be at least seventy percent (70%) of that required by the terms of this Ordinance.

d.

If two (2) or more contiguous vacant lots of record established prior to the effective date of this Ordinance are in a single ownership, such lots, shall be replatted into lots which meet the applicable minimum lot area, lot width, and yard setback requirements of the Zoning District in which the lots are located. A plat showing redivision of the lots shall be recorded with the Madison County Probate Court before a building permit for said lot(s) is issued.

e.

In a case where the strict application of the above provisions would result in an undue hardship, the Zoning Board of Adjustment may grant a variance.

Height limitations in this Ordinance shall not apply to church steeples, barns, silos, farm structures, chimneys, flagpoles, public utility poles, radio and television towers and aerials, cooling towers, and water tanks.

In all Zoning Districts except as otherwise noted no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights or three and one-half feet (3-1/2') and fifteen feet (15') above street level shall be permitted within twenty feet (20') of the intersection of the right-of-way lines of two (2) streets, or railroads or of a street and a railroad right-of-way line.

Any use to be located within the City shall be subject to meeting noise standards.

1.

On any lot or tracts within residential Zoning Districts, noise levels shall not exceed sixty (60) dBA between 7:00 a.m. and 7:00 p.m. and fifty-five (55) dBA between 7:00 p.m. and 7:00 a.m.

2.

On any lot or tract within commercial industrial and floodway Zoning Districts, noise levels shall not exceed seventy (70) dBA between 7:00 a.m. and 7:00 p.m. and sixty-five (65) dBA between 7:00 p.m. and 7:00 a.m.

3.

For any use with questionable noise levels, a plan of compliance shall be required by the Building Official. The plan shall show how the above specific standards will be met.

4.

Measurements shall be taken with an American National Standards Institute (ANSI) Type 1 or Type 2 sound level meter using the A-weighted scale.

5.

Reasonable flexibility and application of noise regulations shall be allowed for a short time periods; however, noise in excess of ninety (90) dBA shall not be allowed at any time.

A.

Placement. Swimming pools and wading pools with a depth of one (1) foot or more in any portion of the pool, and not located within a permanently and completely walled structure, shall be constructed no closer than ten (10) feet of any property line and shall not be located within a front yard unless located within a permanently and completely walled structure.

B.

Fences and Gates. Swimming pools shall be completely fenced off from the ground up to a height of at least five (5) feet. Fences and gates shall be so constructed and of such materials so as to prevent the entry of children and usual household pets into the pool area. Gates shall be provided with adequate locking devices and shall be locked at all, times when pool is not in use.

A.

Building Footprint—B-2 or 431 Overlay. Any freestanding single use or tenant retail building in the B-2 general business Zoning District &/or H-431 Highway 431 Overlay shall have no limit on the building footprint, subject to any size limits, setbacks and other requirements in this Ordinance.

B.

Building Footprint—Other Zoning Districts. Any free standing single use or tenant retail building in any other business Zoning District should be scaled to fit the context in which it shall exist, but shall not have a building footprint larger than eight thousand (8,000) square feet.

A.

Industrial uses must control excessive electrical and radio frequency disturbances, noise, light, dust, smoke, or odors.

B.

Asphalt manufacturing or refining shall not adjoin any residential Zoning District.

C.

Junk or salvage yard of any kind having any Section or material stored permanently or temporarily outside of an enclosed building shall provide screening by ornamental walls, fences, and/or evergreen planting, so that any such articles or materials cannot be seen from public streets or adjoining lots when viewed by a person standing at ground level.

D.

Volatile uses and volatile industries shall not be located closer than one thousand (1,000) feet to any residential Zoning District.

A.

Intent. The regulation of outdoor storage is intended to ensure compatibility of such uses with surrounding uses and properties, and to avoid adverse impacts associated with such uses.

B.

Location.

1.

Outdoor storage or display of goods, materials, merchandise or products, whether for sale or not, shall not be permitted in parking and vehicular use areas, required yards, or landscaped areas.

2.

Outdoor storage shall not be permitted unless it is totally contained by fencing in a manner as to be neat in appearance when viewed from any street or other public view, and such storage is located in a rear or side yard.

3.

The screening herein required shall be established at or before the time any area is used for outdoor storage.

4.

All outdoor storage areas shall be maintained in good repair, in a clean, neat and orderly condition.

C.

Exception. Farm equipment outdoor storage or display of new and used motor vehicles, trailers, recreational vehicles, and manufactured homes shall be allowed in Zoning Districts where the sale of such items is permitted.

1.

These uses shall not be permitted in the first twenty feet (20') of the required front yard, unless a greater distance is required when conducted in a Zoning District with a higher requirement.

2.

If the outdoor storage area includes space for vehicular circulation, all such areas shall be provided with adequate internal circulation, and safe entrances and exits meeting the established standards and specifications for parking areas.

D.

Temporary Storage. Occasional, special, and temporary outside display and sales events or sidewalk sales may be permitted so long as all evidence of such event is removed each night and such events are not conducted in any part of the required front yard.

A.

Application. For the purpose of this Section, "parking" means the keeping on a residential lot of a vehicle regularly used or owned by a member of the residential household. A motorized vehicle that does not have a current license registration or tag is deemed to be stored only and shall not be parked in a residential yard. The following provisions of this Section shall not apply to passenger automobiles or passenger vans or pickup trucks.

B.

Purposes. Storage and parking of recreational or commercial vehicles shall be allowed for the following purposes:

1.

Provide opportunities for residents to own, utilize, and store commercial vehicles or light trailers on their property;

2.

Provide the opportunity for residents to own and store recreational vehicles on their property;

3.

Ensure that parking and temporary storage of commercial vehicles, trailers, and recreational vehicles is not detrimental to the neighborhood character, adjacent residences, or to property owners.

C.

Location Requirements.

1.

All Motorized Vehicles. All motorized vehicles shall be parked off-street, not within nor overhanging any right-of-way, and shall not obstruct vision with respect to traffic entering or exiting any adjoining or nearby driveway or street, nor obstruct any pedestrian walkway.

2.

Commercial Vehicles and Trailers of All Types. The parking of a truck, bus, or commercial vehicle greater than three quarter (3/4) ton or nine thousand (9,000) pounds gross vehicle weight rating (GVWR) shall not be permitted on any residential lot, except that a truck, bus, or commercial vehicle not greater than one and one-half (1½) tons or sixteen thousand (16,000) pounds GVWR may be parked in a fully enclosed accessory structure on a residential lot. This provision includes bus conversions.

3.

Other. Travel trailers, boats, campers and other recreational vehicles, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential Zoning District except in accordance with the requirements of this Section.

D.

Site Restrictions.

1.

No more than one commercial vehicle per dwelling shall be permitted.

2.

The length of a commercial vehicle shall not exceed twenty-eight feet (28').

3.

Refrigeration units and generators attached to vehicles shall not be operated while such vehicles are parked on a residential lot.

4.

In no case shall a commercial vehicle used for hauling explosives, gasoline, liquefied petroleum products, or other hazardous materials be permitted.

5.

No commercial vehicles, recreational vehicles, utility trailers, boat and/or boat trailer, shall be parked or stored in the front yard.

6.

These vehicles shall be allowed in a side yard only if the rear yard cannot be reasonably accessed.

7.

Topographical features, the existence of mature trees or the existence of properly permitted and constructed structures, which prevent rear yard parking, is sufficient to establish a lack of rear yard access.

8.

All vehicles covered by this Section shall have a minimum side and rear setback of ten feet (10').

9.

Recreational vehicles covered in this Section may be located in a side yard containing a driveway, except on corner lots in a side yard abutting a public right-of-way, nor upon the right-of-way.

10.

If parked in the rear yard, a hard surface pad with access shall be provided by either a hard surface drive, hard surface drive strips or an access drive constructed of turf block materials.

11.

The occupancy of any motor home, camping trailer, or similar vehicle designed or intended for occupancy is prohibited while such vehicle is parked on a residential lot, except in a recreational vehicle park authorized under this Ordinance.

12.

A junked vehicle or one that is not operational shall not be permitted to be located on or near lots with dwelling units. These junked vehicles shall be confined to junkyards.

No part of a yard or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or other open space similarly required for another building.

Every part of a required yard or court shall be open to the sky, except for permitted accessory structures and the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided the projections shall not extend more than two feet beyond the yard area requirements.

Private ponds for fish, ducks, livestock water, irrigation water, fire protection, and domicile recreation or created for the purpose of obtaining fill dirt for on-site construction purposes shall be permitted subject to the provisions below after first obtaining a zoning compliance permit from the Zoning Officer.

A.

Application for Permit. The application shall contain the following information:

1.

The owner(s) of the property;

2.

Legal description of the property;

3.

A site plan drawn to a scale suitable to demonstrate compliance with applicable regulations.

B.

Permits from Other Agencies. No pond shall be constructed without first obtaining a permit from either or both the United States Army Corps of Engineers (USACE) or Natural Resources Conservation Service (NRCS). Obtaining a permit from USACE or NRCS shall not relieve a person from also complying with the requirements of this Ordinance. Nor will approval of application of a pond by the City of New Hope relieve a person of compliance with Federal, State, or County regulations. Applicants under this Section are encouraged to obtain copies of publications concerning ponds from the NCRS or USACE.

C.

Construction. All ponds constructed shall comply with the following regulations:

1.

The excavated material remaining on-site shall be leveled over the area around the pond or the property site.

2.

Excavated earth material created by construction of a pond shall be used to the maximum extent feasible for on-site purposes. However, excess excavated earth materials not feasible for use on-site may be removed or sold and taken from the property in compliance with an approved site plan and following requirements. If the applicant proposes to remove any excess excavated earth from the property, he shall first provide a written statement of the cubic yards to be removed. The applicant shall be limited to this stated volume and any excess of this stated volume to be removed must first be approved as an amendment to the site plan. This statement or any amendments thereto shall either be shown on the site plan or physically attached to the plan for purposes of review and approval or denial. Further, any excess earth shall be removed within three (3) months after excavation except under unusual circumstances (i.e.: a long period of bad weather as might occur in winter or spring months) then the applicant may apply to the Planning Commission for one (1) extension of three (3) months.

3.

Excavations undertaken primarily for the purpose of commercial soil, gravel, or mineral removal and not primarily for the purpose set forth in this Section shall not be considered as "ponds", but instead shall be considered "quarries" and subject to the applicable provisions of this Ordinance, definition of a pond, and the Zoning District(s) in which the property lies.

4.

All of the disturbed areas around the pond shall be seeded with an adaptable groundcover (e.g.: grass and legumes).

5.

All ponds shall be constructed so as to prevent sewage or run-off by barnyards, and other similar facilities, from draining into the pond.

6.

If the pond is intended for swimming, the area shall be free of all underwater obstacles such as sudden drop-off or deep holes, trees, stumps, brush, wire, or fence.

7.

No pond shall be constructed any closer than fifty (50) feet from a septic disposal field, nor any closer than thirty (30) feet from all property lines.

8.

The pond shall not be placed within a "required" front yard.

D.

Permit Fees. A permit fee as established by resolution of the City Council shall accompany the application for a permit. Said sum is to be used to defray the cost of pond investigation, publication charges if applicable and other miscellaneous administrative expenses occasioned by processing such application.

A.

Generally.

1.

Any person keeping, harboring or maintaining more than three animals (e.g.: dogs and cats) must be licensed as a kennel or pet shop by the City.

2.

Any facility, either commercial or non-commercial, where animals are boarded or kept shall follow the requirements of the New Hope Animal Control and Nuisance Ordinance.

B.

Location. Permitted in B-2 Zoning District, by approval of the Zoning Board of Adjustment and subject to special exception requirements.

C.

Animal Hospitals and Veterinary Clinics.

1.

All areas for treatment, diagnosis and overnight boarding of animals shall be completely enclosed and heated and air conditioned in order to eliminate noise, odor, and insect problems.

2.

Fenced outdoor exercise areas shall be permitted provided no animal shall be boarded in such areas or be boarded in areas with direct access to such areas or exercised between the hours of 9:00 p.m. and 7:00 a.m. Such fencing shall be a minimum of six (6) feet in height and shall be opaque or screened with landscape materials approved by the Zoning Officer.

3.

Small domestic animals only shall be permitted on the premises and all horses, cows, sheep, goats, pigs, wild animals, food animals and other large animals shall be excluded except in the manufacturing Zones.

4.

No veterinary clinic building or exercise area shall be established closer than one hundred feet (100') to any boundary of property in a residential Zone.

A.

Intent. The intent of the special conditions for cemeteries is to:

1.

Provide public access to cemeteries within the municipality;

2.

Allow cemeteries to establish a park-like, civic setting to mourn, honor, and commemorate the deceased; and

3.

Ensure location and site conditions that are compatible to surrounding property and neighborhoods.

B.

Location Restrictions.

1.

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of the site. In addition, the site shall have direct access to an arterial street.

2.

Any new cemetery shall be located on a site containing not less than twenty (20) acres.

C.

Site Requirements. All applications for new cemeteries shall be submitted to City Clerk, considered for a Special Exception by the Zoning Board, reviewed by the Planning Commission for conformance with their requirements, and approved by the City Council.

Offices of doctors, dentists, osteopaths, optometrists, chiropractors, physical therapists, and similar allied professions, including laboratories are permitted uses in B-1 local shopping Zoning Districts, and MU mixed use Zoning Districts, excluding facilities offering overnight care or ambulance services.

A.

Intent. To provide for food processing facilities such as:

1.

Home-based business making and marketing products such as homemade baked goods, jams, candies and other edibles for sale at charitable, religious, civic, or not-for-profit organization's food sales, or at City or State sanctioned farmers markets.

2.

Small-scale wild game or livestock processing plants;

3.

Large-scale food processing plants of any kind.

B.

Other Regulations. All food processing operations are subject to Alabama Department of Public Health (ADPH) regulations, and all other local, state, and/or federal regulations governing the type, size, extent and food products being produced at the facility.

C.

Effects. Food processing facilities must control potential deleterious or offensive affects caused by noise, dust, vibration, flushing effluent into local waters, dumping waste onto local land, smoke, or odors.

A.

Intent. The conditions contained in this Section are established for the protection of these types of uses from the encroachment of residential and other commercial or industrial uses which would be adverse to the operation and expansion of these types of uses and at the same time to reduce to a minimum the influence of these types of uses on surrounding residential or commercial uses.

It is intended that these uses shall lie on land within the manufacturing and industrial Zones of the City away from residential and commercial areas. These regulations are the minimum required for the mutual protection of the industrial users, and to that end, the Zoning District should not be adjacent to any residential or business Zoning Districts, if such abutment can possibly be avoided.

B.

Uses Permitted.

1.

Vehicle wrecking yards;

2.

Junk and/or salvage yards;

3.

Accessory structures and uses to permitted uses;

4.

Scrap metal processing yard;

5.

Vehicle graveyard.

C.

Location. No junk, salvage or wrecking yard shall be located nearer than three hundred feet (300') from the boundary of the Zoning District in which it is located.

D.

Required Yards.

1.

No building or structure shall be located less than fifty feet (50') from the front property line.

2.

No building or structure shall be located less than twenty-five feet (25') from any side or rear property line.

3.

Outdoor storage is permitted in the required front, side, and rear yards only where all required fencing and screening is in place.

E.

Fencing and Screening.

1.

All outdoor storage shall be conducted within an enclosed solid fence or wall, no less than seven feet (7') high, nor more than ten feet (10') in height is required completely around the tract on which a vehicle storage yard, scrap metal processing yard, or vehicle graveyard is located, except gates will be provided at points of ingress and egress.

2.

Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.

3.

Each use shall be screen planted completely around the perimeter of the tract on which it is located, except at points of ingress and egress. This screen shall be planted and maintained at all times.

F.

Outdoor Storage and Waste Disposal.

1.

The storage of junk or salvaged materials shall not exceed six (6) feet in height.

2.

No materials or wastes shall be deposited upon a tract of land in such form or manner that they may likely be transferred off the tract by the elements, nor leached into the soil of that tract.

3.

All materials or wastes which might cause fumes, smoke, odors, or dust or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in accordance with the fire and sanitation ordinances of the City.

A.

Locations. A dwelling unit where a limited commercial use is operated by a member of the household that lives in the unit is permitted, subject to specific use permit review in the MU and B-1 Zoning Districts.

B.

Conditions.

1.

Live-work designation applies to an entire multiple household development or a designated portion, not to individual units on a piecemeal basis.

2.

Commercial uses in live-work dwellings are limited to offices, studios, personal service establishments and home occupations.

3.

Commercial uses in a live-work dwelling may occupy no more than fifty percent (50%) of the ground floor area for an individual dwelling unit.

A.

Intent. To accommodate for farmer's markets and road-side produce stands selling locally grown produce and locally produced food products at informal or small-scale, locally owned and managed facilities that provide venues for direct sale between local food producers and consumers.

B.

Permitted Locations. Rural markets that are not normally of a commercial nature, but which have a close proximity to the source of production are permitted in the AG Zoning District.

C.

Permanent Markets. Permanent produce stands may be permitted in the AG Zoning District as an accessory use or structure associated with a bona fide agricultural operation.

A.

Intent. The intent of the conditions for personal storage is to:

1.

Allow for personal storage services to be mixed with other compatible commercial uses;

2.

Ensure that personal storage facilities are located appropriately in order to minimize the impact on adjacent property; and

3.

Recognize that the design and scale of personal storage facilities can determine how well this use fits in with surrounding uses.

B.

Location Requirements.

1.

Exterior personal storage facilities on more than two (2) acres shall be located only in the M-1 and M-2 Zoning Districts only by special exception.

2.

Exterior personal storage facilities on less than two (2) acres and indoor personal storage facilities may be located in the B-2 Zoning District and only by special exception.

C.

Site Requirements (Minimum).

1.

All one-way drive aisles shall provide for one (1) ten foot (10') wide travel lane. Traffic direction and parking shall be designated by signs or painting.

2.

All two-way drive aisles shall provide for one (1) ten foot (10') wide parking lane and two (2) twelve foot (12') wide travel lanes.

3.

Two (2) parking spaces, to be located at the project office for use of clients, shall be provided for the manager's quarters plus one (1) additional space for every twenty-five (25) storage units.

4.

Any other site requirements determined through the special exception procedure to minimize impacts on adjacent property.

This Section is to permit upholstery, and furniture repair shops that can serve the needs of residents of neighborhoods and the larger community, whose facilities fit within the context of the Zoning District and/or neighborhood in which they exist, while also protecting adjacent residential or business uses from adverse effects.

A.

Size and scale of building shall fit the context of the Zoning District and neighborhood in which it exists.

B.

All aspects of the operation shall be conducted wholly within a completely closed building.

C.

External air compressors, dust collection systems or other mechanical systems capable of creating excessive noise, dust or vibration are prohibited.

D.

No more than five (5) persons are employed.

A.

Intent. To provide for minor repairs and basic maintenance of motor vehicles in a B-1 local shopping Zoning District that is sensitive to the context of its location, while also being conveniently located near residential areas. The following requirements apply to such facilities:

1.

Minor vehicle repairs and maintenance only.

2.

No outside storage of parts, vehicle fluids, tires.

3.

No long-term outdoor storage of vehicles.

B.

Building Size. Limited to three thousand (3,000) square feet in area.

C.

Hours of Operation. Between 7:00 AM to 7:00 PM.

D.

Lighting. Cut-off lighting of parking areas and premises shall be designed and installed to not allow excessive night lighting to illuminate adjacent residential property. Lighting shall comply with Section 13 of this Ordinance.

E.

Landscaping. Along the perimeter of the tract on which it is located, and which abuts residential property, shall be screen planted, except at points of ingress and egress. This screen shall be planted and maintained as provided in Section 13 of this Ordinance.

A.

Intent and Purpose. To accommodate wireless communication needs of the City's residents, businesses and visitors, while protecting the City's public health, safety, general welfare and visual environment, these standards for wireless facilities are established to:

1.

Enhance the ability to provide wireless services to City residents, businesses and visitors.

2.

Protect the City's environmental resources and visual environment from the potential adverse visual effects of wireless facility development, through careful design and siting standards.

3.

Reduce the number of towers needed to provide communications services, by requiring placement of new facilities on existing structures whenever possible, and requiring co-location of wireless providers on existing and new towers.

4.

Use performance standards and incentives to promote the location of wireless facilities on concealed structures and existing buildings and towers.

B.

Permitted Locations.

1.

Attached Facilities. Attached wireless facilities are permitted or considered as follows:

a.

Wireless equipment attached to or mounted on an existing building or structure (or later similar replacement structure) is permitted by right in the B-1, B-2, M-1 and M-2 Zoning Districts, subject to design review and approval by the Zoning Officer.

b.

Wireless equipment attached to or mounted on an existing building or structure (or substantially similar replacement structure) is considered subject to specific use permit review in the AG, R-1 through R-4, MU and MH Zoning Districts.

c.

Wireless equipment on residential buildings with less than four dwelling units is prohibited.

2.

Concealed Facilities. Concealed facilities are permitted or considered as follows:

a.

Concealed facilities no more than forty feet (40') high are permitted by right, subject to design review and approval by the Zoning Officer in the B-2, M-1 and M-2 Zoning Districts.

b.

Concealed facilities no more than forty feet (40') high at schools, places of worship, amenity centers, community facilities and other sites not primarily occupied by residential uses are subject to specific use permit review in the AG, R-1 through R-4, MU and MH Zoning Districts.

3.

Freestanding Facilities. Freestanding facilities are permitted as follows:

a.

Freestanding wireless facilities are considered subject to specific use permit review in the B-2, M-1 and M-2 Zoning Districts.

b.

Towers thirty-five feet (35') to one hundred feet (100') tall must be separated from existing towers by at least two thousand five hundred feet (2,500'). Towers greater than one hundred feet (100') tall must be separated from existing towers by at least three thousand five hundred feet (3,500').

C.

Conditions.

1.

Preferred Facility Types. Order of preference for new permanent wireless facilities, from most preferred to least preferred, is:

a.

Co-location on existing tower or broadcast antenna towers (if not technically possible, then);

b.

Attached antennas (if not technically possible, then);

c.

Concealed/stealth antennas;

d.

Freestanding antenna structures that are not concealed or "stealthy" are permitted only when no other viable options are available for the free standing facility.

2.

Co-Location.

a.

Wireless providers must cooperate in good faith to achieve co-location of wireless facilities and equipment with other wireless providers.

b.

Wireless providers cannot act to exclude other providers from co-locating on the same building, structure or location when co-location is structurally, technically and otherwise possible.

c.

Freestanding wireless antenna support structures and facilities at least thirty-five feet (35') tall must be designed to accommodate two or more carriers.

3.

Setbacks.

a.

Freestanding wireless antenna towers must be set back a minimum distance of three (3) times the tower height from limited access highways and major and minor arterials. Otherwise, freestanding wireless antenna towers must be setback a distance equal to or more than the structure height from property lines.

b.

Ground mounted equipment setback standards are the same as for buildings in the underlying Zoning District.

4.

Facility Design.

a.

Wireless facilities must be consistent with the surrounding built environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. Facilities must also be compatible with the surrounding natural environment considering landforms, topography, and other natural features.

b.

If a facility is an accessory use to an existing use, the facility must be constructed from materials equal to or better than the materials of the principal use.

5.

Attached Antenna Design.

a.

Building mounted antennae must be mounted as flush as possible to the host structure, without projecting above the parapet.

b.

Roof mounted antennae may be no more than ten feet (10') over the building height, and may exceed the maximum building height required in the underlying Zoning District. Roof mounted antennae must be placed as close to the center of the roof as possible.

c.

Building and roof mounted antennae and supporting structures must be placed, painted and/or screened to be architecturally and visually compatible with the host structure, and integrated into the architectural details of the building as much as possible.

6.

Freestanding Antenna Design.

a.

Wireless towers, structures and equipment must be painted or coated with muted earth colors that provide camouflage and blend with the surrounding built and natural environment.

b.

Guyed towers are prohibited.

7.

Equipment Building and Cabinet Design.

a.

Equipment buildings and screening walls must be compatible with the surrounding built environment, considering exterior materials, roof form, scale, mass, color, texture and character.

b.

Equipment buildings and screening walls must be constructed with materials that are equal to or better than the materials of the principal use.

c.

Equipment cabinets must be placed, painted and/or screened to be architecturally and visually compatible with the surrounding built and natural environment.

8.

Screening and Landscaping.

a.

Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when part of a facility is visible from a public right-of-way or adjacent properties.

b.

Acceptable fencing materials include stone, brick, and decorative CMU. Chain link, wooden and precast fencing is prohibited. Berms (earthen embankments) may be used for screening.

c.

Landscaping must form a dense cluster at the base of the facility or screening wall. Trees spaced thirty (30) feet apart must be planted along the street of facilities that front on a public street.

9.

Lighting.

a.

Antenna structures cannot be artificially lighted unless required by the FAA or other State or Federal agency.

b.

Beacons must be used instead of strobe lights if aviation-related safety lighting is required.

c.

Security lighting may be mounted no more than twenty feet (20') high, and must be directed toward the ground to reduce light pollution, prevent offsite light spillage, and avoid illuminating the tower.

10.

Noise. Equipment shall not generate noise that may be heard beyond the site. Exceptions are generators used in emergencies where the regular power supply for a facility is temporarily interrupted, air conditioners, and noise made during regular maintenance.

D.

Abandonment.

1.

Wireless facilities are considered abandoned if they are unused by all providers at the facility for one hundred eighty (180) consecutive days.

2.

The Zoning Officer may request documentation about tower or antenna usage from the facility owner.

3.

When abandoned, the facility owner must reuse the facility in ninety (90) days, transfer the facility to another owner who will reuse it, or dismantle and remove the facility.

4.

If the facility remains ninety (90) days after abandonment, the City may remove it at the facility and/or property owner's expense. If the facility is removed, City approval of the facility will expire.

E.

Information Disclosure.

1.

Wireless providers must meet with Zoning Officer at their request to give information about the proposed system design. Information will not be recorded and is treated as a confidential trade secret.

2.

The Zoning Officer may share non-confidential information with other interested parties seeking to place wireless facilities in the City, to promote co-location and co-development of facilities.

A.

All Accessory Structures. All accessory structures shall conform to the following regulations:

1.

No accessory structure larger than one hundred twenty (120) square feet shall be moved, established or constructed unless building plan or site plan approval is obtained as required by Section IV and the structure is in compliance with the provisions of this Section and other applicable provisions of this Ordinance.

2.

Accessory structures may be classified as permanent or temporary structures; however, they shall not exceed two (2) stories in height. In addition, the height of the accessory structure shall not exceed the height of the primary structure as viewed from the road.

3.

In residential Zoning Districts, all main and accessory buildings shall be subject to the setback requirements established in Section IX and shall be at least eight feet (8') from any other structures on the same lot, except that swimming pools may be closer than ten feet (10') to another structure.

4.

In Zoning Districts zoned AG, B-1, B-2, M-1 and M-2, all main and accessory buildings, combined, shall not cover more than fifty percent (50%) of the lot area.

5.

In residential Zoning Districts, accessory buildings and structures with a roof impervious to weather, other than attached porches and patios, shall not be located in any front yards, and such accessory buildings and structures, other than attached porches and patios, gazebos, satellite dishes and HVAC units, shall not be located in any side yards, except by special exception approved under this Ordinance. Accessory buildings or structures, if not attached to a main building, shall be separated by at least eight feet (8') from the main building.

6.

No more than one accessory structure shall be permitted in Zoning Districts zoned R-1, R-2, and R-3, on lots up to two acres in size. Up to two accessory structures may be placed on lots of three acres or more. No more than two accessory structures shall be permitted in Zoning Districts zoned R-4.

7.

On any one (1) residential lot, the total floor area of any accessory structure shall not exceed forty percent (40%) of that area of the lot remaining after the floor area of the primary dwelling (including attached carports and garages) plus the area of all setbacks is subtracted from the total area of the lot. Residential accessory structures include storage buildings, detached garages, detached carports, gazebos, greenhouses, etc., but not swimming pools. Lots of five (5) acres or larger may be exempt from this limitation at the discretion of the Zoning Administrator. Appeal to the Town Council of the decision of the Zoning Administrator must be submitted to the City Clerk in writing within fifteen days of the Zoning Administrator's decision.

8.

The maximum building area or maximum impervious surface area, whichever is applicable, shall be met according to the applicable Zoning District regulations.

B.

Accessory Dwelling Units (ADUs). Accessory dwelling units are secondary dwelling units in conjunction with and subordinate to a principal single household dwelling unit. They are intended to provide dwelling space of not more than two immediate relatives of the principal homeowner, and shall comply with the following regulations, in addition to the regulations in this Section:

1.

ADUs are permitted only in single family residential Zoning Districts and Zoning Districts zoned AG.

2.

No ADU may be used as rental housing.

3.

ADUs must be site-built.

4.

ADUs are required to connect to the septic or sewage, electric and water systems of the primary residence.

5.

Off-street parking for at least two vehicles must be provided for all ADUs, in addition to parking for the primary residence.

6.

ADUs must meet or exceed all applicable building codes for residential construction.

7.

All ADUs must be under a single roof.

8.

ADUs may only be permitted if granted a Special Exception by the Zoning Board.