This article assigns supplemental standards over and above those imposed by other sections of this ordinance. Although permitted in certain districts, some uses have unique characteristics that require these supplemental standards.

A.

The minimum land area shall be five (5) acres.

B.

The following farming activities shall be permitted:

1.

Forage and sod crops.

2.

Grain and seed crops.

3.

Dairy animal and products.

4.

Poultry, including egg production but excluding commercial poultry processing.

5.

Livestock, such as beef cattle, swine, sheep, goats or any similar livestock; including the breeding and grazing of such animals but excluding commercial meat processing operations.

6.

Nursery operations involving the raising of plants, shrubs and trees for sale and transplantation and including greenhouses and incidental sale of items customarily associated with a nursery operation.

7.

Bees and apiary products.

8.

Fisheries, excluding fish and seafood processing.

9.

Fruit and vegetables of all kinds, including the growing and harvesting of such fruit and vegetables, but excluding commercial food processing operations.

10.

Livestock, dairy animals, small animals and poultry shall not be housed closer than two hundred (200) feet from any adjacent lot not zoned AG.

11.

Temporary sawmills and chippers used in connection with commercial forestry operations shall be set back at least two hundred (200) feet from any lot line.

12.

Temporary or permanent living accommodation for farm tenants performing agricultural labor shall be permitted.

C.

A booth or stall (farm stand) from which produce and farm produce is sold to the general public shall be permitted subject to the following limitations.

1.

Sales areas shall be set back from all lot lines as to meet the direct yard requirements.

2.

Sales areas shall not occupy any part of a required off-street parking or loading area.

D.

Incidental structures and activities commonly associated with a farm to include barns, silos, animal pens, loading and unloading platforms or chutes and other accessory uses.

E.

Except for kennels, as defined by this ordinance, the keeping of small domestic animals, small fur-bearing animals, or bees for personal enjoyment or use shall not be deemed a farm and shall be permitted as an accessory use to a permitted dwelling in any district. Further, the cultivation of a garden or orchard; the raising of plants, vegetables, shrubs and the like; the keeping of greenhouses; and similar activities for personal enjoyment or use shall not be deemed a farm and shall likewise be permitted as an accessory use to a permitted dwelling in any district.

A.

Unless otherwise provided by this ordinance, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following types:

1.

Poultry;

2.

Small livestock, such as sheep and goats, and;

3.

Horses and similar animals, such as ponies and donkeys.

4.

The keeping of swine shall be prohibited.

B.

The use shall be subject to the following setback and area requirements:

1.

Farm animals shall be housed not less than one hundredd (100) feet from any adjacent lot not zoned AG.

2.

At least one (1) acre of lot area shall be required for each small livestock animal, horse and similar animal and a maximum of twenty (20) poultry for every eight thousand (8,000) square feet of lot area shall be permitted.

C.

Except for kennels, as defined by this Ordinance, the keeping of small domestic animals for personal enjoyment shall not be deemed a hobby farm and shall be permitted as an accessory use in any district.

A.

The use shall be conducted within a single-family residence.

B.

The building shall maintain the exterior appearance of a single-family residence with no separate outside entrances to individual bedrooms.

C.

The family care home must be sponsored by a public or non-profit organization. State licensing requirements shall be met as well as all applicable county licensing requirements where they exist.

D.

No family care home shall be located within one thousand (1,000) feet of another family care home as measured between lot lines.

A.

The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely affect the use permitted in the district of which it is a part.

B.

Such use shall not adversely affect the general welfare of the surrounding residential area due to potential noise, odor, electrical interference, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property.

C.

Customary home occupations shall be limited to an office or a business of a personal service nature.

D.

The home occupation shall be confined to twenty-five (25) percent of the principal building, and shall not be conducted in any accessory building located on the same lot as the principal dwelling. No outside storage shall be used in connection with a home occupation.

E.

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment of help other than those members of the residential family.

F.

No display of products shall be visible from the street and only articles made on the premises may be sold.

G.

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

H.

Not more than one (1), non-illuminated, wall mounted sign of two (2) or less square feet of area shall be permitted per dwelling.

A.

No outdoor storage shall be permitted on the site.

B.

No storage of volatile or explosive materials shall be permitted, either inside the structure or structures, or on the premises.

C.

The facility or site shall not be used for wholesale or retail sales operations.

D.

A minimum lot size of two (2) acres shall be required for mini-warehouse development, and such facility shall not exceed one (1) story in height.

A.

Garage or yard sales on the same lot shall not be conducted for more than three (3) days (whether consecutive or not) during any 90-day period. (Permit required)

B.

All posters and/or signs shall be removed immediately after such sale by the person or persons conducting the garage or yard sale.

A.

Non-residential accessory buildings up to twelve (12) feet in height shall be permitted within five (5) feet of any side or rear property line, but shall not occupy any portion of a front yard. Accessory building above twelve (12) feet in height shall be set back an additional one (1) foot for each four feet height above twelve (12) feet up to the district maximum building height limitation set for the specific zoning district.

B.

Residential, detached accessory buildings, carports and garages on residential lots shall meet the following dimensional requirements:

1.

In no case shall the total ground coverage of any accessory structure(s) exceed the ground coverage of the main structure.

2.

The maximum height shall be eighteen (18) feet, but in no case greater that the principal building height.

3.

Such structures and additions shall be subject to the district front yard requirements in that respective zoning district.

4.

Such structures shall be no closer than five (5) feet to any property line, except structures above twelve (12) feet shall be set back an additional one (1) foot for each foot above twelve (12) feet in height.

C.

Accessory structures shall be constructed of materials which are compatible with other buildings in the zoning district in which located in order to insure that the aesthetic value and appearance of the neighborhood is retained.

D.

Accessory structures shall not be built prior to construction of the primary residence.

E.

Residential, attached accessory building, carports and garages shall have no dimensional limitations, provided the structure meets setback and zoning district requirements.

A.

The minimum site area shall be five (5) acres.

B.

Each gravesite shall be set back a minimum distance of fifty (50) feet from any property line of the cemetery. Each columbarium or mausoleum shall be set back a minimum distance of two hundred (200) feet from any property line of the cemetery.

C.

A six (6) feet high protective wall or fence may be required along all property lines, except at points of vehicular access where gates with locks may be required. The cemetery shall be exempt from any required screening or buffering along a public right-of-way.

D.

No gravesite shall be located closer than one hundred (150) feet from a water line or underground water supply.

A.

Satellite dish antennas and other ground-mounted antennas shall not be permitted in the front yard. Setbacks shall be from all property lines a distance equal to the height of the antenna. The setback of a satellite dish antenna shall be the minimum distance measured from the closest edge of the dish to the property line. Satellite dishes are subject to the district maximum building height limitations.

B.

These satellite dish antennas shall be neutral in color and, to the greatest extent possible, compatible with the appearance and character of the neighborhood in which they are located. In case the required placement prevents satisfactory reception, or other problems exist, of a unique nature, such shall be referred to the zoning board of adjustment for resolution of the problem.

All mobile homes are prohibited in all zoning districts of the City of Oneonta except in the RMHP and MS districts, provided, however, that mobile homes shall be allowed in the AG agriculture district upon compliance with the following requirements:

The mobile home as located on the proposed site shall be at least seventy-five (75) feet from the nearest residential structure (excluding another mobile home) located on property under separate ownership.

Water and sanitary facilities must be approved by the City of Oneonta.

Site requirements:

Minimum lot width at front setback line .....100 feet

Minimum lot area .....15,000 square feet

Yard requirements:

Front: .....35 feet

Undedicated road: .....60 feet from centerline

Side: .....15 feet

Rear: .....35 feet

Parcel or parcels and adjacent property under same ownership will allow the following:

1 Mobile Home .....15,000 square feet minimum area

2 Mobile Homes .....1 acre minimum

3 Mobile Homes .....2 acres minimum

4 or more Mobile Homes .....Must be rezoned RMHP or MS

A.

Permanent swimming pools which are wholly or partially above ground level shall be located in the rear yard of a single- or two-family dwelling and be located not closer than twenty-five (25) feet from any property line. No mechanical appurtenance shall be located within ten (10) feet of any property line.

B.

Private swimming pools constructed below grade level shall be:

1.

Located in the rear yard only when in a single-family or two-family residential zone.

2.

Located, including mechanical appurtenances, no closer than ten (10) feet from any property line.

C.

Enclosed by a fence of not less than five (5) feet in height measured from ground level to the highest portion of the fence. Fences and gates shall be so constructed and of such materials as to prevent the unauthorized entry of children and household pets into the pool area. Moreover, gates shall be provided with adequate locking devices and shall be locked at all times when the pool is not in use.

D.

All exterior lighting fixtures shall be constructed to direct the beam below the horizontal plane of the fixture and shall reflect away from any adjacent property.

E.

Swimming pools for multi-family, planned residential and commercial use shall meet minimum standards deemed by the planning commission to be appropriate upon review of the specific proposal.

A.

Building material or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land before the appropriate building permits have been approved by the building official and issued by the inspection department. Such building materials and temporary structures shall be removed upon completion or abandonment of the construction work.

A.

Walls or fences may be located within the yards except as provided herein:

B.

In any residential district, the following regulations apply:

1.

Decorative wood fences, decorative masonry or brick walls and hedges may be permitted within or along the edge of all front yards so long as such do not exceed a height of forty-eight (48) inches.

2.

Fences, walls and hedges of six and one-half (6½) feet or less in height may be permitted within or along the edge of side and rear yards in residential districts.

3.

In the case of a lot with more than one (1) front yard (corner or double frontage lot) decorative wood fences, masonry or brick walls and hedges of six and one-half (6 ½) feet or less in height may be permitted in all but one (1) of the front yards but no closer than fifteen (15) feet to the front lot line(s).

C.

In any non-residential district, unless otherwise stipulated elsewhere in this ordinance, fences, wall and hedges may be permitted within or along the edge of any yard, provided such fence, wall or hedge erected or planted within a distance of fifteen (15) feet from or along the edge of the front lot line shall not exceed four (4) feet (forty-eight (48) inches) in height.

A.

The use shall be conducted within a single-family residence

B.

The building shall maintain the exterior appearance of a single-family residence, with no separate outdoor entrances to individual bedrooms.

C.

The emergency care home must be sponsored by a public or non-profit organization. State licensing requirements must be met.

D.

No emergency care home shall be located within one thousand (1,000) feet of another emergency care home as measured between lot lines.

A.

Where permitted, gasoline service stations shall observe all regulations for such structures and their uses as required by the laws of the State of Alabama on any applicable ordinance of the City of Oneonta.

B.

All permanent storage of material, merchandise and equipment shall be within the principal building or within permanent stationary containers, located within the setback lines, with the exception of refuse, trash and temporary storage which shall be located in an area enclosed by an opaque fence which is adequate in height to screen such uses from public view.

C.

All lighting shall be arranged as to prevent direct light or glare into public streets or surrounding properties.

D.

Drains located on the premises without approved separators in the trap shall be prohibited. Gasoline storage tanks shall be located underground and be in full compliance with Alabama Department of Environmental Management requirements.

E.

All minor repair work to vehicle herein allowed shall be done within the principal building located on the premises of a gasoline service station as herein permitted.

F.

No gasoline service station shall be located within a radius of three hundred (300) feet from a public assembly center. This also includes places of worship, community centers, community service club, day care center, hospital and similar uses, in which a large number of people are concentrated on a temporary or permanent basis.

G.

The following are prohibited uses in gasoline service stations located in any zone other than industrial zones:

1.

Major motor overhauls.

2.

Body work and spray painting

3.

Any uses performed inside the building which is offensive or dangerous or which constitutes a nuisance to the occupants of adjacent properties, by reason of the emission of smoke, fumes, dust odor, vibration, noise or unsightliness.

4.

Storage of vehicles on premises for purposes other than periodic maintenance or repair.

H.

Gasoline service station signs shall be of non-flicker and non-flashing type.

I.

Off-street parking facilities shall conform to requirements specified in article VIII, section 3.0.

Where permitted, a shopping center shall:

A.

Consist of a building group that is architecturally unified.

B.

Provide convenient vehicular servicing of all buildings in the shopping center, as well as satisfactory circulation of traffic in the parking areas, and be designed to avoid undue interference with through traffic in gaining ingress and egress from the sites.

C.

Provide an integrated parking area as specified in article VIII and vehicular loading space as specified in article VIII.

D.

Provide convenient and safely located pedestrian walkways.

E.

Depict the location, size, character and number of all exterior signs.

F.

Have a minimum site depth of three hundred (300) feet.

G.

Provide a buffer strip of not less than twenty (20) feet wide where the shopping center abuts any residential zone, unless otherwise stipulated elsewhere in this ordinance.

H.

Conduct a traffic analysis and provide information on the estimated effect that the proposed shopping center will have on adjacent street traffic, including volume flows to and from the proposed facility. This analysis should be prepared by a registered professional engineer.

I.

Present a preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply, prepared by a registered professional engineer.

J.

Provide a copy of any deed restrictions intended for the property upon which said facility is to be constructed.

A.

Subdivision of lots for patio homes outside of a planned residential development shall be restricted to tracts with a minimum site area of three (3) or more acres. The maximum density shall be seven (7) dwelling units per acre.

B.

Except within a planned residential development, the patio home shall meet the following dimensional requirements:

- Minimum lot area: .....6,000
square feet

- Minimum lot width: .....50 feet

- Minimum front yard: .....20 feet

- Minimum side yard: .....8 feet

- Minimum rear yard: .....15 feet

- Maximum building height: .....1½ stories

C.

An attached garage to a dwelling may share a common party wall with an attached garage on an adjacent lot used for a patio home on either side.

D.

All yard areas behind the front building line shall be fully enclosed by an opaque fence or wall along the side and rear lot lines to form a private yard area of at least six hundred (600) square feet. Not less than one hundred (100) square feet of the private yard area, with a minimum dimension of ten (10) feet, shall be a hard surfaced patio or porch. Patio homes on adjacent lots to the rear or sides may own and maintain common party fences or walls. All living spaces within the dwelling shall open onto the private yard area.

E.

All utilities shall be placed underground.

F.

All lots shall be served by public water and sewer.

A.

Subdivision of lots for townhouses outside of a planned residential development shall be restricted to tracts with a minimum site area of nine thousaand (9,000) square feet. The maximum density shall be fourteen (14) dwelling units per acre.

B.

Except with a planned residential development, each townhouse shall meet the following dimensional requirements:

- Minimum lot area - interior unit .....2,500
square feet

- Minimum lot area - end unit .....4,500
square feet

- Minimum lot width - interior unit .....22 feet

- Minimum lot width - end unit .....45 feet

- Minimum front yard .....20 feet

- Minimum side yard - end unit .....20 feet

- Minimum rear yard .....15 feet

- Maximum building height .....35 feet

C.

Not more than eight (8) dwelling units shall be permitted per building.

D.

A three hundred (300) square feet fenced or walled private yard area shall be provided on lots of less than seven thousand (7,000) square feet. Not less than one hundred (100) square feet of the private yard area, with a minimum dimension of ten (10) feet, shall be a hard surfaced patio or porch. Townhouses on adjacent lots to the rear or sides may own and maintain common party fences or walls. All living spaces within the dwelling shall open onto the private yard area.

E.

All utilities shall be placed underground.

F.

All lots shall be served by public water and sewer.

A buffer is herein defined as a strip of land that is retained, for the purpose of providing a means of screening or separating incompatible land uses, promoting visual harmony, reducing noise, diverting emissions, restricting passage and enhancing the natural environment - thereby providing for a compatible mix of otherwise conflicting uses. A buffer may consist of the following:

A.

A natural barrier such as existing or planted trees or shrubs, a combination of trees, shrubs or vegetation. Any combination of evergreen trees and/or evergreen shrubs, evergreen trees and other deciduous trees (hardwoods) are acceptable as long as the visual barrier will be uniformly dense at the minimum height required.

B.

A solid opaque fence, a brick or masonry wall, or earth berm.

Specifications for buffers shall be determined by the planning commission in its review of site development plans at minimum, buffers shall meet the following criteria: If a natural barrier is specified in the buffer strip, such barrier shall be a planting strip so planted that within one (1) full growing season after installation, said planting strip shall provide a visually impervious barrier, uniformly dense at all heights from the ground, and a minimum of four (4) feet tall throughout the entire length of the planting strip. The entire surface area of the buffer shall be planted with trees and/or shrubs. Within three (3) full growing seasons after installation, said planting strip shall have reached a minimum height of six (6) feet in height or greater.

A.

If man-made screening methods are specified, the following shall apply:

1.

Screening materials shall be continuously maintained, present an attractive exterior appearance and be of durable construction.

2.

Unless otherwise noted, acceptable screening materials include wood stockade fences, decorative masonry walls, brick walls, and earth berms. Screening walls or fences shall be minimum of six (6) feet in height (or as modified by the planning commission) but not to exceed three (3) feet in any required front yard.

3.

Location of screening shall not obstruct the visibility of traffic circulation.

B.

Buffers shall be of sufficient width, height, and opacity, and density to eliminate the adverse impact on adjacent single-family residences.

The screening and planting requirements of this section shall be applied equally to all similarly classified and situated properties but may be modified or waived altogether in certain cases where a building site is subject to any of the following circumstances, as determined by the planning commission.

A.

Where natural vegetation (trees and/or shrubs) exist on a piece of property when application is made for a building permit, a strip of natural vegetation shall be left undisturbed until the building inspector has evaluated it with regard to the width requirements set forth in the zoning ordinance for that specific use and zone. The building inspector may require that the developer retain a portion of the natural vegetation as a greenbelt, where natural vegetation (trees and/or shrubs) already exists, rather than require a man-made planting strip. However, such vegetation shall be adequate in density to provide the desired barrier;

B.

Where impending development of adjacent property would make these standards unreasonable or impractical;

C.

Where, after inspection by the building inspector, it is found that two (2) different and incompatible zone districts abut each other, but are separated by a street or alley, or where the view from the adjoining district is blocked by a change in grade or other natural or man-made features;

D.

Where a greenbelt or planting strip cannot reasonably be expected to thrive due to soil conditions, intense shade or similar conditions;

E.

Fencing, where installed, shall be constructed prior to the issuance of a certificate of occupancy;

F.

All plantings shall be permanently maintained in good growing condition by the party or parties required to provide such plantings and, when necessary, replaced with new growth. All fencing shall be permanently maintained in good condition, and whenever necessary, repaired or replaced by the party or parties required to provide such fence.

G.

In special cases where the side and/or rear yards may be inadequate to meet the width requirements for the buffer strip, as set forth in each respective zone district, the planning commission shall determine, based on the site plan review or other pertinent information required, an alternative method of separation.