This district is intended to be applied to those highways which serve as gateways into and corridors through the city; and as such play a critical role in creating a visual image and perception of the city to persons both entering and passing through the city.

These regulations apply to all lots, parcels, tracts and facilities that have frontage upon U.S. Highway 231 in the city, Andrews Avenue from the western city limits to the boundary of the B-1 zoning district, Roy Parker Road from Union Street to U.S. 231, and North Union Avenue beginning at the intersection of Roy Parker Road to South Union Avenue and continuing along South Union Avenue to U.S. Highway 231, with the exception of any property that is developed as a single family residence. Any proposal for nonresidential and multi-family development in this district shall require submission of a site plan and elevations, and specification of landscaping and construction materials. Permitted uses may be referred to the planning commission by the zoning official. Portable buildings will be permitted only as temporary structures until a site plan for a permanent structure is submitted; such site plan shall be submitted within one (1) year of approval of the temporary structure or the temporary structure shall be removed.

A.

Building materials. All exterior building materials shall be described and illustrated in the site plan submission. Facades that are visible to pedestrian and vehicular traffic from the street shall incorporate natural materials such as but not limited to wood or stone; or manufactured materials such as brick, stucco, or architecturally decorative concrete block. Any other materials used shall be approved by the planning commission.

The location of freestanding signs shall be shown upon the site plan. Sign materials shall be coordinated with the materials used on the exterior of the structures.

B.

Setbacks and landscaping. Following adoption of this appendix, all structures erected shall be provided with yards, and shall be on a lot of the area and width, as specified in article IV, Tables 4-1 and 4-3. No open space or lot required for a building or structure shall during its life be occupied by or counted as open space for another building or structure.

Where the owner of property at the time of adoption of this appendix has a lot or lots of record which do not meet the dimensional standards of the zoning district in which they are located, may construct buildings, structures, or accessory structures provided that the yard space and other requirements conform as closely as possible in the opinion of the board of adjustment to those required in the zoning district; and provided that neither side yard shall be reduced to less than five (5) feet in width.

No building or structure shall be required to set back more than the average of the setbacks of the existing residences within one hundred (100) feet each side thereof; but in no case shall the setback of any building hereafter erected or altered be less than twenty (20) feet.

All sites shall be developed in such a way that significant existing vegetation is preserved and incorporated into the landscaping of the site.

In a B-4 zone, a ten-foot buffer yard shall be installed along the entire highway frontage of the development site. In a B-3 zone, an eight-foot buffer yard shall be installed along the entire highway frontage of the development site. This buffer yard shall contain a minimum of two (2) canopy trees, five (5) understory trees, and five (5) shrubs per every one hundred (100) feet of such frontage.

Side and rear buffer yards at least five (5) feet in width shall be installed along the side and rear property lines, and shall contain a minimum of five (5) understory trees and five (5) shrubs per every one hundred (100) feet of length.

( 2013-2 , 5-21-13)

The purpose of this designation is to encourage the construction of townhouse residential projects through the unified development of relatively large tracts of land. To accomplish this purpose, applicants are allowed more flexibility in the application of the general dimensional regulations; and, in return, they are required to provide communal open space and amenities.

To be considered for designation as a planned residential development, a project must meet the following minimum requirements:

The site must have a minimum area of five (5) acres, and access to a public street.

The site may include more than one (1) parcel of land, but must be in a single ownership; and in the latter case, approval will be contingent upon combining the individual parcels into a single parcel.

Each townhouse structure shall contain no less than four (4) and no more than eight (8) dwelling units. No more than four (4) adjoining townhouses shall have the same front building line.

Each townhouse shall be located on a separate platted lot, which lot shall have a minimum width of twenty (20) feet, and a minimum requirements below:

Each townhouse shall have on its own lot a yard containing at least four hundred (400) square feet of area, exclusive of paved parking spaces, and secluded from the street or from adjoining properties.

No side yard shall be required except at the ends of a townhouse structure, in which case there shall be a side yard of ten (10) feet, except where the side yard abuts a street in which case the depths shall be twenty (20) feet. The minimum depth of a front yard shall be thirty (30) feet. The minimum depth of a rear yard shall be twenty-five (25) feet.

No portion of a townhouse or accessory structure related to a townhouse structure shall be closer than twenty (20) feet to any portion of another townhouse or related accessory structure.

Off-street parking shall be provided at the rate of two (2) spaces per townhouse. Such off-street spaces shall be provided on the individual townhouse lots, or grouped in bays in the interiors of blocks. No off-street parking space shall be further than one hundred (100) feet by the most direct pedestrian route from a door into the dwelling unit it is intended to serve. The provision and location of off-street parking shall be designed to eliminate any on-street parking.

Sidewalks shall be provided throughout the project to promote and ensure safe pedestrian movements.

A minimum of ten (10) percent of the project site shall be devoted to common open space, and/or amenities such as clubhouses, laundries, swimming pools, and playgrounds.

The developer shall make adequate provisions to ensure that all common areas, facilities, parking areas, and private streets are maintained in a satisfactory condition without expense to the city or the public. To this end, an incorporated nonprofit organization operating under recorded land agreements shall be established through which:

The owner of each dwelling/lot is automatically a member.

Each lot is automatically subject to a charge for its proportionate share of the organization's expenses such as maintaining common property; and which charge, if unpaid, becomes a lien against the property.

The developer of the townhouse project, or the homeowners association created as above, by recorded covenants and restrictions, shall preserve for the owners and occupants of the development such common areas, common buildings, common off-street parking facilities, common recreational facilities, and any private streets established for the development.

Obtaining the planned residential development designation is dependent upon the submission and approval of a development plan in accordance with section 4 of this article.

Detached townhouses:

Detached townhouse means a single-family residential building conforming to this section and is separated from any other principal structure, including other single-family residential buildings, by at least five (5) feet but not more than ten (10) feet on not more than two (2) sides, located on platted individual lots, and intended for sale or rent to individuals and families.

Detached townhouse complex means a group of not less than four (4) or more than ten (10) townhouses. Townhouses must be separated and set back as defined in this section.

General requirements. The following general requirements will apply to detached townhouses dwellings:

1.

Detached townhouses are allowed only in a TH-20 and TH-24 district.

2.

Detached townhouses may be offered for sale or rent by the developer or subsequent owner.

3.

Each detached townhouse shall be located on a separate platted lot.

4.

No detached townhouse complex shall contain less than four (4) or more than ten (10) townhouses, and no townhouse complex shall exceed two hundred fifty (250) feet in length including any space between townhouses making up the townhouse complex.

5.

No more than five (5) consecutive detached townhouses shall have the same front line.

6.

Minimum width for the portion of the lot on which a single townhouse is to be constructed shall be twenty (20) feet in any TH-20 district and twenty-four (24) feet in any TH-24 district.

7.

Minimum lot area for each townhouse shall be two thousand (2,000) square feet in any TH-20 district and two thousand six hundred (2,600) square feet in any TH-24 district.

8.

No side yard shall be required except at the end of a townhouse complex, in which case the minimum width shall be ten (10) feet, except where abutting a street it shall be thirty (30) feet.

9.

The minimum depth of the front yard shall be thirty (30) feet.

10.

The minimum depth of the rear yard shall be thirty (30) feet.

11.

Each detached townhouse shall have on its own lot one (1) yard containing not less than four hundred (400) square feet, exclusive of paved parking space, reasonably secluded from view from the streets or from neighboring property.

12.

No portion of a detached townhouse or accessory structure in or related to one (1) townhouse complex shall be closer than twenty (20) feet to any portion of a townhouse or accessory structure related to another townhouse complex or to any building outside the townhouse development.

13.

Off-street parking shall be provided at the rate of two (2) spaces per townhouse. Insofar as practicable, off-street facilities will be either provided on the individual townhouse lots or grouped in bays in the interior of blocks. In any case, parking arrangements will be made so as to discourage on-street parking on public streets. No off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve.

14.

Minimum interior living area for an individual one (1) story detached townhouse dwelling units, exclusive of any garage or accessory structure, shall be five hundred (500) square feet for a TH-20 district and seven hundred fifty (750) square feet for a TH-24 district. The minimum interior living area for two (2) story detached townhouse dwelling units, exclusive of any garage or accessory structure shall be eight hundred (800) square feet for a TH-20 district and one thousand (1,000) square feet for a TH-24 district.

15.

If a detached townhouse development contains any common area, common building, common off-street parking area, or common recreation facility, provisions satisfactory to the planning commission shall be made to ensure that common areas, common buildings, common off-street parking areas, and common recreational facilities for the use and enjoyment of occupants of detached townhouses shall be maintained in a satisfactory manner without expense to the city of the general public. In addition, the developer of the detached townhouse development of homeowner association created by the developer, by recorded covenants and restrictions, shall preserve for the owners and occupants of the development such common buildings, common off-street parking areas, and common recreational facilities established for the development.

16.

All lots shall abut by their full frontage on a public dedicated street on at least one (1) end of the platted lot.

17.

Sidewalks with a minimum of three (3) feet width shall be provided for each townhouse development to promote safe pedestrian movement throughout the entire development.

18.

All streets constructed in connection with any detached townhouse development which are dedicated to the city shall comply with the Alabama Department of Transportation, 2002 Edition of the Standard Specifications for Highway Construction.

19.

Development plans for any proposed townhouse development must be approved by the Ozark Planning Commission prior to submission of construction plans for issuance of a building permit.

District regulations. Requirements for detached townhouse districts shall be as follows:

*Thirty (30) feet for units abutting public street.

Tiny homes (Accessory Dwelling Unit-ADU)

General requirements.

The following general requirements will apply to tiny home dwellings:

1.

Detached tiny homes are allowed only in a TH-20 and TH-24 district.

2.

Detached tiny homes may be offered for sale or rent by the developer of subsequent owner.

3.

Each detached tiny home shall be located on a separate platted lot.

4.

Minimum width for the portion of the lot on which a single tiny home is to be constructed shall be sixteen (16) feet in any TH-20 district and 16 feet in any TH-24 district.

5.

Minimum lot area for each tiny home shall be seven hundred (700) square feet in any TH-20 district and seven hundred (700) square feet in any TH-24 district.

6.

No side yard shall be required except at the end of a tiny home, in which case the minimum width shall be ten (10) feet, except where abutting a street it shall be thirty (30) feet.

7.

The minimum depth of the front yard shall be twenty (20) feet.

8.

The minimum depth of the rear yard shall be twenty (20) feet.

9.

Each tiny home shall have on its own lot one (1) yard containing not less than four hundred (400) square feet, exclusive of paved parking space, reasonably secluded from view from the streets or from neighboring property.

10.

Off-street parking shall be provided at the rate of two (2) spaces per tiny home. Insofar as practicable, off-street facilities will be either provided on the individual tiny home lot or groped in bays in the interior of blocks. In any case, parking arrangements will be made so as to discourage on-street parking on public streets. No off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it is intended to serve.

11.

Minimum interior living area for an individual one (1) story detached tiny home dwelling unit, exclusive of any garage or accessory structure, shall be four hundred (400) square feet for a TH-20 district and four hundred (400) square feet for a TH-24 district. The minimum interior living area for two (2) story tiny home dwelling units, exclusive of any garage or accessory structure shall be six hundred (600) square feet for a TH-20 district and six hundred (600) square feet for a TH-24 district.

12.

If a detached tiny home development contains any common area, common building, common off-street parking area, or common recreation facility, provisions satisfactory to the Planning Commission shall be made to ensure that common areas, common buildings, common off-street parking areas, and common recreational facilities for the use and enjoyment of occupants of tiny homes shall be maintained in a satisfactory manner without expense to the city of the general public. In addition, the developer of the detached tiny home development of homeowner association created by the developer, by recorded covenants and restrictions, shall preserve for the owners and occupants of the development such common buildings, common off-street parking areas, and common recreational facilities established for the development.

13.

All lots shall abut by their full frontage on a public dedicated street on at least one (1) end of the platted lot.

14.

Sidewalks with a minimum of three (3) feet width shall be provided for each tiny home development to promote safe pedestrian movement throughout the entire development.

15.

All streets constructed in connection with any detached tiny home development which are dedicated to the city shall comply with the Alabama Department of Transportation, Latest Edition of the Standard Specifications for Highway Construction.

16.

No portable building will be allowed to serve as a tiny home. Tiny homes must be site-built using typical construction methods.

17.

Development plans for any proposed tiny home development must be approved by the Ozark Planning Commission prior to submission of construction plans for issuance of a building permit.

District regulations.

Requirements for tiny home districts shall be as follows:

*Thirty (30) feet for units abutting Public Street.

(Ord. No. 2006-15, § 1, 11-7-06; Ord. No. 2007-7, § 1, 5-1-07; Ord. No. 2008-7, § 1, 4-15-08; Ord. No. 2010-2, § 1, 3-16-10; Ord. No. 2021-8 , § 2, 6-15-21)

To receive the designation of manufactured home park, a project must meet the following minimum standards:

The project site must contain a minimum area of eight (8) acres, and have at least one hundred (100) feet frontage upon a public street.

Each manufactured home shall be placed upon an individual lot which contains at least five thousand (5,000) square feet of area, and having a width of at least fifty (50) feet. The front, rear and side yards for each such lot shall measure at least ten (10) feet in depth. No manufactured home and/or accessory building shall cover more than forty (40) percent of the total lot area. The maximum density permitted for a manufactured home park shall be eight (8) homes per gross acre.

Each lot shall provide at least two (2) parking areas, each measuring twenty (20) feet by ten (10) feet, and maintained with an all-weather wearing surface such as asphalt or concrete. All off-street parking spaces shall have access to an interior street within the park. No direct access shall be allowed between the manufactured home lots and any exterior street.

Manufactured homes shall front upon a paved roadway having a minimum right-of-way of fifty (50) feet and a paved surface of at least twenty-two (22) feet in width. This roadway shall be an all-weather surface of concrete or asphalt and built to the standards of the city. Culs-de-sac shall have a paved surface with a minimum radius of forty (40) feet.

Street lighting shall be provided throughout the manufactured home park with lighting units spaced and equipped with luminaries placed at such heights as will provide an average illuminant of four (4) lumens per square meter reaching the ground surface, and the illuminant ratio shall be set at a maximum of six (6) to one (1).

A manufactured home park shall be located on a well-drained piece of property, and shall be graded to ensure adequate treatment of surface water runoff.

A sanitary sewer drainage system shall be extended to every lot in the manufactured home park. The connection from the individual manufactured homes shall be made under and/or within five (5) feet of the manufactured home, and shall be equipped with a seal.

Every manufactured home lot shall be provided with an individual branch service line with a minimum diameter of three-fourths (¾) inches, and delivering potable water. A cut-off shall be installed on each branch, as well as a back flow prevention device approved by a nationally recognized testing agency. All connections to the water distribution system shall be under, and/or within five (5) feet of the manufactured home. Each lot shall have a water meter; and the service line from the meter to the manufactured home shall be buried a minimum depth of twelve (12) inches in the ground.

Every manufactured home lot within the park shall be provided with individual electrical service. Each such service shall be mounted on a treated wooden pole or a metal pedestal; and shall be equipped with a circuit breaker, or a switch and fuses, housed in a panel approved for exterior use. The power supply wiring from the service to the manufactured home shall be of a direct burial type, properly sized, and buried in the earth from the service to a connection point underneath the individual manufactured home. The supply cable should be encased in metal or plastic pipe and buried to the depth required by the city's current regulations. A primary service line shall not be located across the top of any manufactured home.

In cases where gas service is provided, the installation shall conform to the requirements of the Alabama Public Service Commission, the Southeast Alabama Gas District, and the International Fuel Gas Code.

The following accessory uses are allowed:

Clubhouse, laundry, swimming pool, and other similar facilities for the common use of the residents of the park.

No more than one (1) dwelling unit of conventional construction, containing at least six hundred (600) square feet of floor space and intended for the use of a resident manager.

Storage areas for boats, recreational vehicles, and other types of vehicle that exceed thirty (30) feet in length shall be fenced and landscaped. Storage of such vehicle shall not be allowed upon individual home lots or on the internal roads in the park.

Manufactured home parks shall not be platted or otherwise divided for fee simple ownership; however, the sale of interests or memberships on a condominium basis is permitted. All facilities, including roads, shall be privately owned, or owned in common by the residents of the park, and shall not occupy parcels of land which are deeded separately from the common facilities within the park.

Manufactured housing lots shall be clearly staked or otherwise identified; and shall have a permanent marker giving a number and/or letter of a minimum height of three (3) inches so that they may easily be read from the street. All individual utility meters shall also be numbered for easy identification by service personnel.

All manufactured homes shall be blocked and tied down in conformance with the standards set forth in Code of Ala. 1975 § 11-49-219.

All manufactured homes shall have a skirting installed between the base of the structure and the ground. This skirting shall be made of concrete block, wood, vinyl, or other approved materials. Any opening in the skirting shall not be greater than two (2) inches square.

A bufferyard averaging not less than fifteen (15) feet in width shall be provided completely around the manufactured home park. This bufferyard can be free form in shape, and shall be screen-planted and maintained, using approved vegetation, in a landscape plan approved by the planning commission.

A manufactured home park may not accept homes unless and until such time as fifteen (15) of its lots have been completely developed, with utilities and other facilities as required by the regulations of the State of Alabama, and other ordinances of the City of Ozark.

Approval of a manufactured home park is subject to the submission and approval of a development plan, as described in section 4.

(Ord. No. 2003-11, § 1, 11-18-030

Any application for designation as a planned residential development, manufactured home park, or a recreational vehicle park requires the submission and approval of a development plan. This development plan shall be a conceptual plan showing the entire development site and all component stages or phases, and shall graphically express the overall development concept for the site at completion.

The development plan shall include the following information:

The outer boundary or perimeter of the total development site, including a valid legal description.

A topographic map showing contours at two-foot intervals.

An identification of the characteristics of existing land uses and development for land adjoining the project site.

The rights-of-way and pavements of all streets within the development, and the access to the surrounding public street system.

The type, number, and location of all structures.

The location, extent, and approximate acreage of all resources protection, recreation, and open space lands and other common areas.

The location and nature of all common amenities such as clubhouses, swimming pools, laundries, etc.

Location of all utilities, fire hydrants, and surface water drainage facilities.

The plan shall be prepared to scale by a licensed engineer or architect registered in the State of Alabama.

A written report, illustrated as appropriate, shall accompany the development plan, and shall address the following topics:

A general description of the proposal.

The proposed standards for the development of the project, including density standards, yard requirements, lot sizes, and restrictive covenants.

A plan for the provision of utilities, fire hydrants, and storm drainage facilities.

Plans for parking, loading, access, signage, and means of protecting adjacent areas from any potential adverse impacts.

Presentation of the method for dedicating or reserving land or facilities for public use or for the use of the property owners in the project.

Once approved, a master development plan shall become a binding condition upon the development of the site, and each phase or stage shall be substantially consistent with the plan. If it becomes apparent that any stage or phase substantially deviates from the approved plan, a new development plan shall be submitted for review and approval. Any of the following shall constitute a "substantial deviation:"

An increase or reduction in the land area of the project site.

A change in the total number, or in the type of dwelling units approved.

Provision of less than the approved percentage of resource protection, recreation or open space land.

Any significant addition, removal, or rearrangement of land uses or streets.

Approval of a development plan shall expire twenty-four (24) months after approval unless significant progress has been made toward implementation of the development.

(Ord. No. 2003-11, § 1, 11-18-03)