To provide a clear view at intersections, there shall be an unobstructed triangular area at the junction of any two streets. The size of this triangular area is a function of the classification of the streets, which in turn is a function of the relative volume and speed of traffic on them.

For right angle intersections, the unobstructed area is illustrated in Figure 6-1. For streets which intersect at an oblique angle; or, in cases where in the opinion of the planning commission there are unusual circumstances that require special consideration; the intersection shall be referred to the safety officer who shall recommend a triangular unobstructed area using the standards contained in the latest edition of the Alabama Manual of Uniform Traffic Control Devices.

Where a driveway intersects with a public street, an unobstructed triangular area measuring ten (10) feet from the intersection along the right-of-way and ten (10) from the intersection along the edge of the driveway.

Within the triangular areas defined above, nothing shall be planted, placed, erected, or allowed to grow that will interfere with visibility between a height of two and one-half (2½) feet and fifteen (15) feet above grade at the intersection of the two (2) street center lines or the right-of-way and driveway edge.

Fences, walls, and hedges may be erected, placed, grown, or maintained along a lot line of residentially zoned property, or adjacent thereto, to a height not exceeding six (6) feet above the ground; except that no such fence, wall, or hedge located in a front yard or side yard on street shall not exceed a height of four (4) feet. Where such lot line is adjacent to a non-residentially zoned property, fences, walls, or hedges may be erected, placed, grown, or maintained to a height not exceeding eight (8) feet except on properties located within the highway corridor overlay districts defined in article 5, section 1.

Fences, walls and hedges may be erected, placed, grown or maintained along a lot line on any non-residentially zoned property to a height not to exceed tight (8) feet except in the highway corridor overlay districts defined in article 5, section 1.

All fences shall require a building permit; except that no permit shall be required for a fence on land used for farming and located in the RH-rural and holding district zone except in the highway corridor overlay district defined in article 5, section 1.

No accessory structure shall be erected in any required front yard. Any accessory structure erected in a required side yard shall be constructed and faced with the same materials or better materials as the principle structure and shall meet the side yard setbacks of that district. All other accessory structures shall be located in the required back yard.

All accessory structures shall not exceed thirty-five (35) feet in height except as provided in section 5 below; and shall not cover more than thirty (30) percent of any required rear yard and shall be at least five (5) feet from the rear and side lot lines and ten (10) feet from any other structure on the same lot.

On any corner lot which adjoins another residential lot at the rear, no part of any structure within twenty-five (25) feet of the common line shall be nearer the side street lot line than the least depth of any front yard required for a dwelling on such adjoining lot along the side yard.

Applications for building permits issued for the erection or construction of accessory structures shall inform the applicant that a building permit issued by the city for such purpose does not supersede any deed restrictions, subdivision restrictions or any other applicable private covenants. Applicant shall be cautioned to seek legal or other competent advice concerning such private restrictions.

Any accessory building presently located in a required front yard may be subject to a special exception upon application to the board of adjustment provided that all of the following criteria are proven to the satisfaction of said board:

1.

The use of the structure is primarily for the parking of personal passenger vehicles.

2.

A permanent resident of the principal structure is disabled by any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. For purposes of this paragraph, a physical or mental impairment is an impairment that results from anatomical, physiological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.

3.

The disability or illness must be verified by current medical data.

4.

The location of the structure must be material to the health and well being of such affected resident and not simply a matter of convenience.

5.

The structure must comply with applicable requirements of the International Standard Building Code.

6.

The structure must have been completely in existence and in use prior to July 1, 2005.

Prior to granting a special exception the board may place reasonable conditions thereon to assure that the exception will cause the least harmful effect to surrounding properties.

Any special exception granted under this section shall be reviewed annually or sooner at the discretion of the board of adjustment. The special exception may be withdrawn when the conditions upon which the original action was taken are no longer applicable. Upon review, the holder of the special exception has the burden of proof to certify his/her continuing eligibility for the exception. Upon the withdrawal or termination of a special exception issued under this section the then non compliant structure must be removed or otherwise made to comply with this section within ninety (90) days after such action by the board of adjustment.

Any accessory building presently located in a required side yard which is noncompliant concerning the use of building materials may continue to exist and be used upon the following proof being made to the building official.

1.

The structure must have been completely in existence and in use prior to July 1, 2005.

2.

The structure must comply with applicable requirements of the International Standard Building Code.

3.

The structure must be in compliance with the side yard setbacks for the district in which the property is located.

(Ord. No. 2006-5, 2-7-06)

In any single-family residential district, no more than one principal structure shall be erected on a single lot.

The height regulations set forth in article IV, do not apply to spires, belfries, cupolas, antennas, telecommunications towers, and water tanks; or to any ventilation structures, chimneys, or any other such facilities which are normally required to be placed on the roof and are not intended for human occupancy.

Every building erected or moved shall be located on a lot abutting a public street, or having an access to a public street by way of an approved access easement or private street. All buildings shall be located in such a way that they have safe and convenient access for servicing, fire protection, and required off-street parking.

Camping or travel trailers may be stored, but not occupied, in any district, provided they are stored in the side yard, rear yard, or in a garage or other accessory building conforming to the requirements of this section. However, camping or travel trailers shall not be stored in a street side yard. Special exceptions may be granted only if all of the following conditions are met:

1.

The board of adjustments is hereby authorized to grant special exceptions for those who own a recreational vehicle at the time this appendix is adopted that will allow the storage of camping or travel trailers to vary from above. Applications for special exceptions may be granted only if all of the following conditions are met:

a.

The camping or travel trailer must be owned or leased by the property owner or tenant of the property.

b.

The camping or travel trailer is not located within a subdivision for which there is a recorded covenant or agreement restricting the parking or storage of such trailer.

c.

The applicant must demonstrate that full compliance is impossible or impracticable due to the property size, configuration, topography and existing structures.

d.

No special exception may be granted where the entire recreational vehicle would be parked in the front yard.

e.

Special exceptions may be considered for the following circumstances:

1.

When parked in a side yard, the majority of the recreational vehicle must be located behind the front line of the house.

2.

When parked in a street side yard, the majority of the recreational vehicle must be located behind the side line of the house.

f.

No special exception may be granted for a camping or travel trailer, which has been substantially altered from its commercially manufactured condition.

g.

Such special exceptions are not transferable. If there is a change of land ownership, the new property owner must apply for a new special exception if desired.

h.

Before granting or denying any such request, the board of adjustments, after reviewing the opinion of the area property owners through a petition properly signed by the property owners and presented by the applicant, shall consider the justifications or circumstances involved, as well as the objections or lack of objections of adjacent property owners, and the possible negative effects on neighborhood property values or quality of life.

i.

The board of adjustments shall attach to its approval any conditions and safeguards it deems appropriate and necessary.

2.

The special exception herein provided may not be granted for recreational equipment which replaces or is in substitution for the recreational equipment owned at the time of passage of this appendix.

(Ord. No. 2003-11, § 1, 11-18-03)

Automotive vehicles or trailers of any kind or type, which are inoperable or otherwise disabled, shall be subject to the provision of Ordinance 2002-16, as adopted the 17th day of December 2002, and/or as codified in the Code of Ordinances of the City of Ozark.

No commercial vehicle having a gross weight of fifteen thousand (15,000) pounds or more and/or an overall length greater than twenty five (25) feet shall be parked or stored on any public or private property in any residential area other than temporarily in connection with a bona fide commercial or public service purpose, or sales or delivery to such property. Residential areas are any areas lying within the R1, R-2, R-3, R-4, and R-5, zoning districts.

A commercial vehicle which has a gross weight less than fifteen thousand (15,000) pounds and/or an overall length less than twenty five (25) feet may be parked or stored on private property in a residential area subject to the following requirements;

1.

No more than two (2) such vehicles per family may be parked or stored on any lot containing the dwelling of such family.

2.

Such vehicle shall belong to or be a primary work vehicle of an owner or occupant of the property upon which the vehicle is parked or stored.

(Ord. No. 2003-11, § 2, 11-18-03)

Editor's note— Section 2 of Ord. No. 2003-11, adopted November 18, 2003, states this section is effective on August 1, 2004.

Any existing single-family dwelling in an area zoned for commercial uses may be expanded up to a maximum of twenty-five (25) percent of the existing gross floor area of such dwelling, provided that the structure as expanded complies with the setback and site coverage requirements of the zoning district within which it is located.

On any corner lot adjoining the rear of another lot which is in a residential district, no part of any structure shall be nearer the side street lot line than the least depth of any front yard required for a dwelling on such adjoining lot on such side street.

The following projections into required yards may be allowed:

Architectural features such as chimneys, roof overhangs, or eaves may project up to two and one-half (2.5) feet, but shall not be closer than three feet to any property line.

Terraces, steps, uncovered porches and similar features that extend no more than three (3) feet off the ground may project into a required yard but shall be no closer than five (5) feet to any property line.

Within residential districts, satellite dish antennas are to be treated as accessory structures, (article VI, section 3), unless it is mounted onto the home.

Such projections shall not be included in the calculation of required setbacks.

Driveways and sidewalks are exempt from the provisions of this section.

All home occupations shall meet the following standards:

No persons other than members of the family residing on the premises shall be employed by the home occupation.

The home occupation must clearly be secondary and incidental to the use of the dwelling unit as a residence. No more than twenty-five (25) percent of total heated and ventilated floor area, up to a maximum of five hundred (500) square feet, shall be devoted to the home occupation.

The appearance of the dwelling unit shall not be altered, nor shall the home occupation be conducted in any way that would cause the premises to differ from its residential character and that of the immediate neighborhood.

The home occupation shall be operated in the existing dwelling unit or an existing accessory structure. The existing dwelling unit shall not be enlarged to accommodate the home occupation; nor shall any accessory structure be built for the purpose of operating the home occupation.

There shall be no outside display or storage of materials, goods, supplies, or equipment used in the home occupation; nor shall there be any sign advertising the home occupation.

No traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area. Any need for parking generated by the home occupation shall be met off the street and other than in the required front yard.

The operation of a home occupation shall not create any nuisance such as excessive traffic, on-street parking, noise, vibration, glare, odor, fumes, dust, heat, fire hazards, electrical interference or fluctuation in line voltage, or be present or noticeable beyond the property boundaries of the home occupation premises.

Any person desiring to operate a home occupation shall submit an application to the revenue officer. The applicant must present evidence of ownership of the property in question, or a signed and notarized letter from the owner authorizing the application. The revenue officer shall have ten (10) days in which to act on an application.

No more than one (1) home occupation shall be approved in any residential dwelling unit.

Any deviation from the above requirements shall require the approval of the Board of Zoning Adjustments and Appeals of the City of Ozark, Alabama.

Final approval of a home occupation shall be contingent upon the applicant obtaining a valid business license from the city.

No private permanent building, fence, wall or other structure shall be placed or constructed within a public right-of-way or easement. The structures of publicly regulated utilities may be permitted subject to any city requirements.

Horses, cattle, sheep, pigs, chickens or other farm animals are allowed only in the R-H rural and holding district zone subject to the regulations under hobby farm, article II and Table 4-4, Agricultural Uses, article IV.

A landscaped bufferyard incorporating trees, shrubs, and other vegetation, shall be provided along all property lines fronting on public right-of-way for all uses located within the B-3 planned shopping center district and the B-4 highway commercial district zones. The minimum widths of these bufferyards shall be as follows:

B-3 planned shopping center district: 8 feet

B-4 highway commercial district: 10 feet

A plot plan for any proposed development in the B-3 and B-4 zones shall be submitted showing the location and size of driveways and details of the bufferyards including the landscaping and planting schemes. No building permit for any structure in such development shall be issued until the landscape plan has been submitted to the director and approved.

These requirements are considered a minimum. However, they shall not be interpreted to mean that landscaping beyond that required or in a form which accomplishes the intent of screening parking areas and creating a visually attractive streetscape cannot be provided as determined by the director.

Recreational vehicle parks are allowed in the B-3, planned shopping district, and B-4, highway commercial district by right, and in the RH, rural holding district by a conditional use, and shall be developed to the following standards.

The minimum size for a recreational vehicle park shall be two (2) acres and the site shall have a minimum of one hundred (100) feet of frontage on a major street.

Each vehicle site shall be twelve hundred (1,200) square feet in area with a minimum width of twenty (20) feet and a minimum depth of forty (40) feet. There shall be a minimum distance of ten (10) feet between recreational vehicles, and a minimum of twenty (20) feet between any recreational vehicle and a structure. Any tent section proposed shall consist of tent or canopy sites and are to be a minimum of five hundred (500) square feet in area.

The addition or attachment of any accessory structure such as awning, porches, carports or storage facilities not specifically designed and included as an integral part of the original recreational vehicle shall be expressly prohibited. The removal of wheels and/or the installation of skirting materials around the base of the vehicle are prohibited.

A park can provide clubhouse, bathhouse, store, laundry, swimming pool, and similar shared facilities for the common use of the occupants. No more than three (3) dwelling units of conventional construction with a minimum area of six hundred (600) square feet may be provided for the use of a resident manager.

All vehicle sites for vehicles within the park shall be served by an internal road and shall not have direct access to any public street. Maintenance of such roads shall be the responsibility of the owners of the property. The internal circulation system of the park shall not necessitate the use of any public street, sidewalk, or right-of-way by any vehicle using space within the park. Sufficient maneuvering space and off-street parking facilities shall be provided to accommodate towing vehicles.

Recreational vehicle parks shall not be platted or otherwise divided by fee simple ownership. The sale of interests or memberships on a condominium basis is allowed. All facilities with a park, including the streets, shall be privately owned in common.

A recreational vehicle park may not accept recreational vehicles unless and until such time as fifteen (15) or more 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 recreational vehicle park is subject to the submission and approval of a development plan as described in article V, section 4.

(Ord. No. 2003-11, § 1, 11-18-03)

Authorization. Temporary and mobile uses are permitted only as expressly provided in this section. No temporary or mobile use shall be established unless a zoning certificate evidencing the compliance of such use with the provisions of this section and other applicable provisions of this appendix shall have first been issued, as provided in article VIII.

General regulations. All temporary and mobile uses shall be subject to the following, unless otherwise provided for in this section:

A.

The building official, or his or her designated representative, shall have the authority to deny any temporary or mobile use zoning certificate if he or she deems that the temporary use may cause any adverse effects on the public health, safety and welfare of the City of Ozark. Conditions that would cause denial of a zoning certificate include, but are not limited to, unclean or unsanitary circumstances, visible damage to equipment utilized, danger to pedestrian or vehicular traffic, etc. If a zoning certificate is denied, the applicant may request an appeal by the planning commission of the City of Ozark at any regularly scheduled meeting.

B.

Notarized, written authorization from property owner with deed to property attached.

C.

Documentation from the Dale County Health Department must be provided when food is being served.

D.

No permanent or temporary lighting shall be installed without an electrical permit and inspection.

E.

All uses shall be confined to the dates specified in the permit.

F.

Hours of operation shall be confined to those specified in the permit.

G.

The site shall be clear of all debris at the end of the special event and cleared of all temporary structures within seven (7) days after the closing event.

H.

Public parking for the exclusive use of the facility shall be provided, and a stabilized drive to the parking area shall be maintained. It shall be the responsibility of the applicant to guide traffic to these areas and to prevent patrons from unlawful parking.

I.

Traffic control arrangements required by the city in the vicinity at major intersections shall be the responsibility of the applicant.

J.

Property owners shall be responsible for restitution and/or repair of any damage resulting to any public right-of-way or property as a result of the event.

K.

Serving of alcoholic beverages shall not be permitted without a business license from the City of Ozark.

L.

No signs in connection with a temporary or mobile use shall be permitted except as specified in article IX or where otherwise allowed in this section.

M.

Observance of the city's noise ordinance (chapter 12, section 16) shall be strictly adhered to.

Particular temporary or mobile uses permitted. The following are temporary or mobile uses, which are subject to the specified regulations and standards, in addition to the other requirements specified in this appendix.

A.

Carnival or circus.

1.

Permitted only in non-residential districts as indicated in Table 4-4.

2.

Maximum length of permit shall be fifteen (15) days.

3.

No structure or equipment shall be permitted within five hundred (500) feet of any residential property line.

4.

Only one (1) permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

B.

Christmas tree sales.

1.

Permitted only in non-residential zoning districts as indicated in Table 4-4.

2.

Maximum length of permit for display and open-lot sales shall be forty-five (45) days.

3.

Only one (1) permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

C.

Contractor's office and construction equipment sheds.

1.

Permitted in any district where use is incidental to a construction project. Office, small trailer used as office or shed shall not contain sleeping or cooking accommodations.

2.

Maximum length of permit shall be for the duration of the project.

3.

Office or shed shall be removed upon completion of construction project.

4.

Signs shall be permitted only in accordance with article IX.

D.

Events of public interest.

1.

Permitted only in non-residential zoning districts.

2.

Events may include but are not limited to outdoor concerts, auctions and athletic events and associated concessions and activities.

3.

Only one (1) permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

E.

Real estate sales office.

1.

Permitted in any district for any new subdivision approved in accordance with Ozark's Subdivision Regulations as indicated in Tables 4-2 and 4-4. The office may not contain sleeping or cooking accommodations. A model home or a small trailer may be used as a temporary sales office for the duration of the temporary use-zoning certificate.

2.

Maximum length of permit shall be one (1) year.

3.

Office shall be removed upon completion of the development of the subdivision.

F.

Religious tent meeting.

1.

Permitted as indicated in Table 4-4, on a site with a minimum area of two (2) acres and a minimum distance of five hundred (500) feet from any residential structure.

2.

Maximum length of permit shall be fifteen (15) days.

3.

Only one (1) permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

G.

Sale of farm produce.

1.

Permitted in non-residential zoning districts only.

2.

Maximum length of permit shall be six (6) months.

3.

Sales areas, including the produce stands, shall be set back a minimum of 20 feet from the nearest right-of-way of any street or highway.

4.

Only one permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

5.

No power, sewer, water, or enclosed structures permitted.

H.

Temporary shelter.

1.

When fire or natural disaster has rendered a single-family residence unfit for human habitation, the temporary use of a manufactured home located on the single-family lot during rehabilitation of the original residence or construction of a new residence is permitted subject to the following additional regulations.

2.

Required water and sanitary facilities must be provided.

3.

Maximum length of permit shall be six (6) months, but the city may extend the permit for a period or periods not to exceed sixty (60) days in the event of circumstances beyond the control of the owner. Application for the extension shall be made at least fifteen (15) days prior to expiration of the original permit. In no case shall the length of the original permit plus all extensions exceed one (1) year.

4.

The manufactured home shall be removed from the property within fourteen (14) days of habitation of the new or rehabilitated residence.

I.

Tent sale/outdoor sales activity/temporary open air market/mobile vending units.

1.

The outdoor storage or display of merchandise shall be exempted from these requirements under either of the following conditions in which case the activity will be treated as a permanent use:

a.

Merchandise occupies an outdoor display area, which is permanent in nature and designated as such on an approved site plan;

b.

Merchandise is located in a temporary display area, which does not occupy sidewalks, parking spaces, driveway aisles; and customers must enter the building to make a purchase.

2.

Activities are permitted only in non-residential zoning districts as indicated in Table 4-4, on property developed for commercial use, with proper pedestrian and vehicular access. They shall be prohibited on vacant property.

3.

The applicant shall submit a site plan specifying the location of all tents, temporary structures, equipment, and merchandise on display.

4.

Only one (1) permitted sign allowed and shall have a maximum size of thirty-two (32) square feet.

5.

All electrical connections shall be inspected and approved by the building inspector.

6.

The City of Ozark may establish additional requirements as necessary to minimize hazards and to promote efficient traffic circulation on the site.

7.

The maximum duration of the zoning certificate shall be seven (7) days (except where otherwise allowed in this section). A maximum of four (4) permits per calendar year per location and/or per business may be authorized, and at least thirty (30) days shall elapse between the expiration of one (1) permit and the approval of another. A surety bond in the amount of two thousand dollars ($2,000.00) shall be required at the time the business license is acquired.

8.

Business owners desiring to set up a mobile vending unit for the sale of cooked/prepared food only, shall be allowed to set up at any time during the year upon receipt of a valid City of Ozark Business License, a health department permit and a zoning certificate as required by this section. Zoning certificates must be acquired at the time of initial application and then must be renewed on January 1 and July 1 of each year following the initial application. No surety bond is required for local residents utilizing a mobile food vending unit.

(Ord. No. 2009-3, § 1, 2-17-09; Ord. No. 2013-6 , § 1, 12-17-13)

Editor's note— Ord. No. 2013-6, § 1, adopted Dec. 17, 2013, changed the title of § 18 from "Temporary uses" to read as herein set out.

In addition to meeting the dimensional and other requirements of the districts in which they are allowed, manufactured homes placed on individual lots shall meet the following standards:

Each manufactured home shall have the wheels and/or towing tongue and hitch removed.

Each manufactured home shall be placed on the lot with the longest facade parallel to the front property line.

Each manufactured home shall meet or exceed the set-up requirements of the State of Alabama and must be set-up by a State-certified installer.

Each manufactured home shall be placed upon a permanent foundation of cement and masonry construction. A masonry skirting made of block, brick, or stucco shall be used around the bottom of the home, to include porches and extends from the bottom of the unit to the ground. All crawl spaces shall be properly vented in accordance with the International Building Codes.

In considering such units for special exception, approval by the board of zoning adjustment and appeals shall impose such other requirements as are felt necessary to ensure that the manufactured homes are compatible with any conventionally constructed home in the immediate vicinity. Such requirements may include but not limited to such elements as a pitched roof, overhanging eves, and/or landscaping.

(Ord. No. 2003-11, § 1, 11-18-03)

Private swimming pools constructed in a residential zone is an accessory structure to a residence and shall be located in the rear yard only, and shall be constructed no closer than ten (10) feet to any property line. Fencing and/or other requirements shall be in accordance with the adopted International Building Codes.

(Ord. No. 2003-11, § 1, 11-18-03)