The planned unit development district is designed to permit the development of comprehensively planned projects, which permits one or more uses to be developed on a tract of land, taking into consideration the compatibility of specific uses with the surrounding uses in accordance with an approved master development plan, the intent of which is to:

1.

Promote community development through planned associations of uses developed as integral land use units, such as residential developments containing multiple types of housing, including detached single-family dwellings, attached family dwellings, multiple-family dwellings, office or industrial parks or complexes, commercial establishments, service centers, or any appropriate combination of uses which may be planned, developed, or operated as integral land use units.

2.

Permit higher densities of land development in conjunction with provisions for functional open space and community services.

3.

Combine and coordinate uses, building forms, building relationships, and architectural styles within the PUD.

4.

Promote the preservation and enhancement of existing natural landscape features, their scenic qualities, ecological values, and amenities to the greatest extent possible, and utilize such features in a harmonious fashion.

5.

Prohibit uses which are detrimental to property or to the health and safety beyond the district by reason or the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material.

6.

Permit the city council to consider factors such as specific design features, building locations, topography, or other factors deemed appropriate by the city council.

(Ord. No. 135-182, 7-16-07)

1.

Area/density requirements. Any tract of land proposed to be zoned PUD shall contain a minimum of 40 acres, except when the master development plan of an existing approved PUD is amended by the original applicant, successor, or assign, to include additional area as provided in this article. However, the overall acreage of the amended PUD must contain a minimum of 40 acres. Density of the development under no circumstances shall exceed three and one-half units per acre.

2.

Preapplication conference. Before filing any application for a planned unit development, the prospective applicant shall submit basic site information and preliminary development plans and sketches for consideration, comments and preliminary suggestions. In order to allow adequate review time, these materials must be submitted to the office of the city engineer and/or the zoning official at least ten business days prior to the date set for the preapplication conference.

3.

Submission of application. After the preapplication conference, the owner (or his duly appointed representative) of a tract of land shall submit a formal application to the office of the city clerk at least 21 days prior to a regularly scheduled planning commission meeting. An application processing fee is required at the time of filing. See Article XXVIII, rules of procedure of the planning commission, section 5.

4.

Contents of PUD application. The PUD application shall contain the following:

a.

Name and address of the applicant.

i.

If corporation, principal officers and members of the board of directors.

ii.

If partnership, general and managing partners.

iii.

If a limited liability company, all general and managing members.

iv.

If another business entity, all those with managerial or ownership interest in the entity.

v.

Any material change to the above business entities shall be submitted within 60 days.

b.

Current zoning(s) of the property under consideration.

c.

Names and addresses of all owners of the property.

i.

If corporation, principal officers and members of the board of directors.

ii.

If partnership, general and managing partners.

iii.

If a limited liability company, all general and managing members.

iv.

If another business entity, all those with managerial or ownership interest in the entity.

v.

Any material change to the above business entities shall be submitted within 60 days.

d.

A list of owners of all property adjoining the property under consideration for the PUD to include the adjoining property owner's name, mailing address and tax parcel identification number. Also reference Code of Ala. § 11-52-32(a).

e.

A master development plan of the PUD and any site plans, engineering drawings, architectural renderings, and maps necessary to show the following minimum information:

i.

The direction of North, exact location of the site in relation to the vicinity in which it is located, appropriate scale and topography, in not greater than five-foot contour intervals, waterways, floodways, 100-[year] and 500-year floodplains and forest cover.

ii.

The location of the various land uses by PUD land use districts as listed in this article.

iii.

The size, boundary lines, dimensions, and street frontage of each such district.

iv.

Location and width of existing and proposed streets, thoroughfares, greenbelts, natural or manmade open spaces, schools, parks, and community service areas within and adjacent to the project area.

v.

Location of environmentally sensitive areas, such as wetlands, steep slopes, or mined areas.

vi.

Location of storm drainage, detention areas, and retention areas.

vii.

Any additional information deemed necessary by the city engineer and/or zoning official.

f.

The planning criteria for the PUD, which shall include the following written statements and other matters and shall be included on site plan(s) where locations are requested:

i.

The proposed name of the development.

ii.

A legal description of the total site proposed for the PUD.

iii.

A description of the surrounding area, including current zoning and/or land uses.

iv.

A written statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and projections made by the applicant in relation to overall community growth and integration with surrounding uses.

v.

If the development is to be staged, a development schedule indicating how the staging is to proceed, and an estimated date when construction of the PUD will begin.

vi.

Delineation of the various land use districts within the PUD, indicating for each such area its size and composition in terms of total number of acres. In residential use districts, the total number of dwelling units and approximate percentage allocation by dwelling unit type, such as townhomes, garden homes, single family, condominiums or duplexes, as well as locations for each such dwelling unit type must be identified. In mixed use districts, the part of the parcel and of the building which is to be devoted to each use must be provided.

vii.

A calculation of the residential density in dwelling units per gross acre including interior roadways, a calculation of the residential density showing maximum density in units per acre excluding nonresidential zone classifications, and a calculation of the net residential density excluding open space.

viii.

Development criteria which shall include setbacks, minimum finished floor areas, building heights, general building locations, building footprints (if possible), sign criteria, loading areas, service yards, and on[-street] and off-street parking and loading requirements for each land use district proposed, and/or any other development criteria which the owner/developer may propose, as regulated by the requirements of the zoning ordinance of the City of Pelham.

ix.

Description of architectural styles/features, design criteria, materials being utilized for exteriors, and exterior elevations and renderings showing typical buildings and/or architectural features.

x.

Description, location, size and use of the common open space and a statement as to how common open space is to be owned, used and maintained.

xi.

Proposed principal ties to the surrounding area with respect to transportation, water supply, utilities, sewage disposal, and storm drainage and locations thereof, conditional to the approval of the appropriate regulatory authority.

xii.

Protective and/or restrictive covenants, homeowner or business association and architectural review committee documents, including architectural standards and requirements.

xiii.

A traffic study, stamped, signed, and dated by a professional engineer licensed by the State of Alabama. When the development accesses a state or county right-of-way, said study must also be approved by the appropriate regulatory authority.

xiv.

A watershed drainage study, stamped, signed, and dated by a professional engineer licensed by the State of Alabama.

xv.

A copy of any best management practices (BMP) application or certificate, stamped, signed, and dated by a professional engineer licensed by the State of Alabama.

xvi.

Sidewalk plan and exterior lighting plan.

xvii.

Description of the materials with which the parking, driveway and sidewalk areas will be covered.

xviii.

Other studies as may be deemed necessary by the city engineer to determine development suitability to the particular site.

xix.

A parking plan showing parking areas and facilities, including specific information about the size, location and design of parking facilities, the number of parking spaces proposed and means of addressing any parking concerns or problems that may be presented by the proposed development. Said parking plan shall be in accordance with the requirements for specific uses set forth in Article XXIII, off-street parking and loading requirements.

xx.

Landscaping plan, in accordance with the requirements for specific uses set forth in Article XXIV, section 9, landscaping and buffers.

xxi.

A description of street/subdivision signs, commercial signs or other signs, including street, traffic and informational signs. Any signage associated with the PUD shall be in accordance with the requirements for specific uses set forth in Article XXII, sign ordinance.

xxii.

If walls and fences are proposed for the development, a plan shall be provided showing these items, to be compatible in color and materials of the building on the premises.

5.

Common open space requirements.

a.

No less than ten percent of the development's gross site area shall be maintained in permanent common open space. Common open space will be left in its natural state, except that recreational trails and facilities may be constructed. Common open space may include environmentally sensitive areas such as slopes in excess of 25 percent and 100-year floodplains, natural or manmade bodies of water, buffers between uses, and active and passive recreational uses.

b.

Common space must be legally and practicably accessible to the residents and/or users of the development out of which the required common open space is taken.

c.

No designated common open space area may be subdivided in the future, nor may it be used for any purpose other than those permitted by definition. No rearrangement or alteration to any approved common open space that would result in a reduction of the original amount of open space, not in its proportion to the overall development, shall be permitted.

d.

Maintenance provisions, which shall be the responsibility of the homeowners association, shall be made by the developer for the upkeep of all common open space areas not left in a natural state.

(Ord. No. 135-182, 7-16-07)

1.

The application, including the master development plan, the planning criteria and all other materials submitted (the "plan"), shall be reviewed and zoning approval considered consistent with the provisions of Article XXXI, amendments and changes, of this ordinance.

2.

Approval of the PUD zoning application by the city council shall be an approval of the master development plan, the planning criteria, and other supplemental information submitted therewith and all such approved materials shall become part of the zoning designation for the property. However, the regulations of the zoning ordinance of the City of Pelham shall also apply for the entire development. In the case of differing regulations between the master development plan, the planning criteria, supplemental information, and the zoning ordinance of the City of Pelham, the more stringent regulations shall apply to the development.

3.

The developer of the PUD may proceed with the development of the property contingent upon subdivision approval by the planning commission and compliance with any permit and/or license requirements, and no further zoning approvals shall be required when developed in accordance with the approved PUD plan. Said approval shall be binding and enforceable upon the developer, his successors, or assigns.

(Ord. No. 135-182, 7-16-07)

The following land use districts shall apply to all or part of a PUD:

1.

Planned single-family (PR-1).

a.

Intent. To provide a district for the development of single-family residences, in compliance with the approved PUD plan.

b.

Permitted uses.

i.

Detached single-family dwellings.

ii.

Garden homes.

iii.

Accessory buildings and structures may be built in a rear yard, but such accessory buildings and structures shall not occupy more than 30 percent of the required rear yard and shall not be nearer than ten feet to any side or rear lot line.

iv.

Home occupations in accordance with the requirements of the detailed use regulations set forth in Article XXV, section 6, home occupation.

v.

Day care home, in accordance with the requirements of the detailed use regulations set forth in Article XXV, section 4, day care home.

vi.

Recreational facilities designed and intended to serve only the residents of the development.

c.

Area and dimensional regulations. Except as provided in Article XXIV - supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

d.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

e.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

f.

Sign regulations. Refer to Article XX, Section 2, item 4.f.xxi.

2.

Planned attached family (PR-2).

a.

Intent. To provide for the development of attached family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

b.

Permitted uses.

i.

Duplexes.

ii.

Townhomes.

iii.

Accessory buildings and structures may be built in a rear yard, provided enough area exists. However, such accessory buildings and structures shall not occupy more than 30 percent of the required rear yard and shall not be nearer than ten feet to any side or rear lot line.

iv.

Recreational facilities designed and intended to serve only the residents of the development.

c.

Area and dimensional regulations. Except as provided in Article XXIV - supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

d.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

e.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

f.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

3.

Planned multiple-family (PR-3).

a.

Intent. To provide for the development of multiple-family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

b.

Permitted uses.

i.

Apartments.

ii.

Condominium dwelling units.

iii.

Customary accessory structures.

iv.

Accessory structures, such as a rental office, coin laundry, vending machines, snack bar, garage structures, centrally located mail facility, etc., for the operation of an apartment complex and for use by only the residents and employees. These structures shall be subject to business license requirements, if applicable.

v.

Recreational facilities designed and intended to serve only the residents of the development.

c.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

* Maximum density: Ten apartment dwelling units per acre.

i.

Building separation requirements; front, rear, and side: More than one apartment building may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one story buildings, 30 feet when one or both are two story buildings, and an additional ten feet separation for each additional story when one or both buildings exceed two stories.

d.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

e.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

f.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

4.

Planned office and institutional (PO-I).

a.

Intent. The planned office and institutional district is provided for the orderly arrangement of institutional, clerical, and administrative space. This district also provides for the development of areas for coordinated employment activity, services, which do not materially detract from nearby residential areas, in compliance with the approved PUD plan.

b.

Permitted Uses.

i.

A public, semi-public or private office.

ii.

Research or testing laboratories compatible with other permitted uses.

iii.

Church, school, or orphanage.

iv.

School, Commercial.

v.

Auditorium, library, and museum operated by nonprofit organizations.

vi.

Radio or television broadcasting studio or station. Broadcasting towers shall be in accordance with the requirements for specific uses set forth in Ordinance No. 374-2, or the most current revision thereof.

vii.

Assisted living facility.

viii.

Day care center, in accordance with the requirements set forth in Article XXV, section 5, day care center.

ix.

Buildings in excess of 5,000 square feet of floor space and used exclusively for office purposes, may allocate up to 15 percent of such space for commercial and service establishments such as snack bars, gift or specialty shops, quick copy services, and similar uses. Any type of restaurant must be appropriate to an office building environment and primarily intended for service to the office building tenants, visitors, or patients.

x.

Hospitals in accordance with the requirements set forth in Article XXV, section 14, hospitals.

xi.

Retirement and Nursing Homes in accordance with the requirements set forth in Article XXV, section 15, retirement and nursing homes.

xii.

Lodges, fraternal and social organizations, headquarters for scout and other youth organizations, YMCA and YWCA facilities.

xiii.

Rehabilitation facility (see definition).

xiv.

Business offices used exclusively for office purposes, wherein retail or wholesale trade or business is not conducted or wherein no merchandise or products are manufactured, stored, handled, conveyed, sold or otherwise disposed of.

xv.

Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals, not to include treatment facilities, as defined in Ordinance No. 288-5, dated April 3, 2006 (See definition).

c.

Prohibited uses.

i.

No outside storage of any kind shall be allowed.

ii.

Residential dwellings.

iii.

The required parking spaces, maneuvering drive aisles, and pedestrian areas on a parcel in the PO-I, planned office and institutional district, are not to be used in ways other than the intended designed uses for those areas.

iv.

No vehicles of any kind or no merchandise or materials of any kind associated with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

v.

No storage trailers or temporary storage containers shall be allowed for storage on the premises.

g.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

* No rear setback - except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

** No side yard setback, except on the side of a lot abutting a dwelling district in which case there shall be a side yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

*** The size of the lot must be adequate to allow for the building and setbacks plus required parking, driveways, landscaping, delivery vehicles, refuse collection facilities, buffers, etc.

d.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

e.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

f.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

5.

Planned commercial (PC).

a.

Intent. To provide for the development of retail business districts and other compatible uses, without outside storage of any kind, in compliance with the approved PUD plan.

b.

Permitted uses.

i.

Antique store.

ii.

Appliance store.

iii.

Art supply and/or frame shop.

iv.

Audio video store.

v.

Bakery (minor) which bakes goods for on-premises retail sale only.

vi.

Barber or beauty shop.

vii.

Bicycle shop (including repairs).

viii.

Book store.

ix.

Bridal shop.

x.

Business and domestic equipment rental and sales.

xi.

Car wash.

xii.

Card/gift shop.

xiii.

Clothing store.

xiv.

Computer/electronics store.

xv.

Convenience stores.

xvi.

Cosmetic studio.

xvii.

Craft or hobby shop.

xviii.

Dance studio.

xix.

Day care center, in accordance with the requirements set forth in Article XXV, section 5, day care center.

xx.

Department store.

xxi.

Drug store.

xxii.

Dry cleaning.

xxiii.

Duplicating or copying service.

xxiv.

Fitness center.

xxv.

Florist shop.

xxvi.

Furniture store.

xxvii.

Gasoline service station in accordance with the requirements set forth in Article XXV, section 12, gasoline service station.

xxviii.

Grocery store.

xxix.

Hardware store.

xxx.

Health food store.

xxxi.

Ice cream parlor.

xxxii.

Indoor sports facilities such as bowling, health club or spa, racquet club, skating rink, etc.

xxxiii.

Interior decorating store.

xxxiv.

Jewelry store.

xxxv.

Mailing and package shipping center.

xxxvi.

Motion picture theater.

xxxvii.

Music store.

xxxviii.

Offices; business and professional.

xxxix.

Parking decks, garages, or other similar multistory parking facility.

xl.

Pet store.

xli.

Photographic studio.

xlii.

Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals, not to include treatment facilities, as defined in Ordinance No. 288-5.

xliii.

Restaurant.

xliv.

Retail establishment.

xlv.

Schools.

xlvi.

Shoe store/shoe repair.

xlvii.

Shopping centers in accordance with the requirements set forth in Article XXV, section 8, shopping center requirements.

xlviii.

Sporting goods store.

xlix.

Tanning salon.

l.

Theater.

li.

Tobacco shop.

lii.

Toy stores.

liii.

Travel agency.

liv.

Veterinary clinic, veterinary hospital, dog training facility, or boarding facility (no outside kennels or dog runs), in accordance with the requirements set forth in Article XXV, section 16, veterinary clinics, veterinary hospitals, dog training facility, boarding facility, outside kennels, or dog runs.

c.

Prohibited uses.

i.

No outside storage of any kind shall be allowed.

ii.

Residential dwellings.

iii.

The required parking spaces, maneuvering drive aisles, and pedestrian areas on a parcel in the PC, planned commercial district, are not to be used in ways other than the intended designed uses for those areas.

iv.

No vehicles of any kind or no merchandise or materials of any kind associated with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

v.

No storage trailers or temporary storage containers shall be allowed for storage on the premises.

d.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

* No rear setback, except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

** No side yard setback - except on the side of a lot abutting a dwelling district in which case there shall be a side yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

*** The size of the lot must be adequate to allow for the building and setbacks plus required parking, driveways, landscaping, delivery vehicles, refuse collection facilities, buffers, etc.

e.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

f.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

g.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

6.

Planned business (PB).

a.

Intent. To provide for the establishment of areas compatible with office, commercial and light industrial uses, which are performed inside buildings with no outside storage, in compliance with the approved PUD plan.

b.

Permitted uses.

i.

Bulk distribution facilities.

ii.

Janitorial and maintenance services.

iii.

Light industrial, fabricating, processing assembling and manufacturing uses, which do not create any objectionable noise, vibrations, smoke, dust, odor, heat, glare, or pollutants, such as the following.

iv.

Office/warehouse.

v.

Plumbing, heating and cooling, electrical and other supply and service facilities.

vi.

Research and development laboratories.

vii.

Warehouses.

viii.

Woodworking shops.

ix.

Those commercial and institutional uses which are supportive of industrial employment centers.

x.

Industrial parks in accordance with the requirements set forth in Article XXV, section 7, industrial park regulations.

c.

Prohibited uses.

i.

No outside storage of any kind shall be allowed.

ii.

Residential dwellings.

iii.

The required parking spaces, maneuvering drive aisles, and pedestrian areas on a parcel in the PB, planned business district, are not to be used in ways other than the intended designed uses for those areas.

iv.

No vehicles of any kind or no merchandise or materials of any kind associated with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

v.

No storage trailers or temporary storage containers shall be allowed for storage on the premises.

vi.

None of the above activities listed above in planned business (PB), permitted uses, shall involve resource production, foundries, processing or refining of raw materials such as ore, metals, rubber, plastic, fuel, petroleum, nor storage or disposal of hazardous chemicals or wastes.

d.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

* No rear setback, except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

** No side yard setback, except on the side of a lot abutting a dwelling district in which case there shall be a side yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

*** The size of the lot must be adequate to allow for the building and setbacks plus required parking, driveways, landscaping, delivery vehicles, refuse collection facilities, buffers, etc.

e.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

f.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

g.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

7.

Planned mixed use (P-MX).

a.

Intent. To provide for a combination of commercial, office, public, and residential uses within a planned unified development area that is diverse, compact and pedestrian oriented, which will permit and encourage maximum land use.

b.

Permitted uses.

i.

Antique store.

ii.

Art supply store.

iii.

Arts and crafts store.

iv.

Auditorium.

v.

Bakery.

vi.

Bank.

vii.

Barber shop.

viii.

Beauty shop.

ix.

Book store.

x.

Bridal shop.

xi.

Card shop.

xii.

Clothing store.

xiii.

Computer store.

xiv.

Dance studio.

xv.

Delicatessen.

xvi.

Drug store.

xvii.

Dry cleaning pick-up (where no cleaning or laundry is done on-premises).

xviii.

Duplicating service.

xix.

Dwelling units to include lofts and condominium units.

xx.

Electronics store.

xxi.

Fitness center.

xxii.

Florist shop.

xxiii.

Furniture store.

xxiv.

Gift shop.

xxv.

Grocery store, operated as a neighborhood food market.

xxvi.

Hardware store, operated as a neighborhood hardware store.

xxvii.

Hobby shop.

xxviii.

Hotel/motel.

xxix.

Ice cream parlor.

xxx.

Interior design shop.

xxxi.

Jewelry store.

xxxii.

Liquor or wine shop.

xxxiii.

Mailing and package shipping center.

xxxiv.

Museum.

xxxv.

Music store.

xxxvi.

Offices: Business and professional.

xxxvii.

Outdoor cafe.

xxxviii.

Parking deck, garage, or other similar multistory parking facility.

xxxix.

Park.

xl.

Physical therapist.

xli.

Portrait studio.

xlii.

Public facility.

xliii.

Restaurant.

xliv.

Retirement and nursing homes in accordance with the requirements set forth in Article XXV, section 15, retirement and nursing homes.

xlv.

Shoe store.

xlvi.

Short-term and seasonal businesses, in accordance with the requirements of the detailed use regulations set forth in Article XXV, section 17.

xlvii.

Special events, in accordance with the requirements of the detailed use regulations set forth in Article XXV, section 18.

xlviii.

Sporting goods store.

xlix.

Stationery store.

l.

Theater.

li.

Tobacco shop.

lii.

Toy store.

liii.

Travel agent.

liv.

Video store.

lv.

Similar commercial retail uses.

lvi.

Accessory structures customarily incidental to the uses specifically permitted in this section and conducted in another building located on the parcel are also permitted; provided, that no accessory structure may be used as a dwelling or an office or be occupied by any person, either on a permanent or temporary basis.

c.

Prohibited uses.

i.

No outside storage of any kind shall be allowed.

ii.

The required parking spaces, maneuvering drive aisles, and pedestrian areas on a parcel in the P-MX, planned mixed use district, are not to be used in ways other than the intended designed uses for those areas.

iii.

No vehicles of any kind or no merchandise or materials of any kind associated with a business, shall be parked or stored within city, county, or state rights-of-way within the city limits of Pelham.

iv.

No storage trailers or temporary storage containers shall be allowed for storage on the premises.

d.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

* No rear setback, except on the rear of a lot abutting a dwelling district, in which case there shall be a rear yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

** No side yard setback, except on the side of a lot abutting a dwelling district in which case there shall be a side yard of not less than 20 feet, and in accordance with the requirements set forth in Article XXIV, section 9, landscaping and buffers.

*** The size of the lot must be adequate to allow for the building and setbacks plus required parking, driveways, landscaping, delivery vehicles, refuse collection facilities, buffers, etc.

e.

Mixed use buildings.

i.

In a mixed use building, dwelling units to include lofts and condominium units must be located on floors above commercial uses, and must have a separate entrance from commercial entrances used by patrons. Commercial and residential uses may not occupy a common floor in the building, the intent being to permit coexistence of said uses in the same building but with appropriate segregation to permit reasonable use and occupation by both residential and commercial occupants. Residential units shall not be allowed as a street level use.

ii.

Parking. There must be at least two paved or enclosed parking spaces for the exclusive use of each residential dwelling unit in a mixed use building and sufficient additional parking space per dwelling unit for visitors to those residences. Additional parking for patrons shall be required in accordance with general parking requirements of the city.

iii.

The master development plan and/or planning criteria should fully set forth a parking plan for any such development, which must contain detailed information about parking locations, access, means of restricting access of residential parking to residents, usage patterns, overflow parking, parking for patrons of street level uses, other available public parking and all other factors which show the impact of said multiple use building on parking.

f.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

g.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

h.

Sign regulations. Refer to Article XX, section 2, item 4.f.xxi.

8.

Planned cemetery district (P-CD).

a.

Intent. To provide areas suitable for human burial grounds and associated facilities with consideration of surrounding areas and the overall community.

b.

Permitted uses.

i.

Cemeteries.

ii.

Mausoleums.

iii.

Columbaria.

iv.

Crematoriums.

v.

Mortuaries.

vi.

Funeral homes.

vii.

Accessory structures.

c.

Prohibited uses.

i.

No cemetery except a family plat or "church yard" cemetery shall be established on a site containing less than 40 acres.

ii.

The site proposed for a cemetery shall not interfere with the development of a system of streets or a highway in the vicinity of such site.

d.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

e.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

f.

Sign regulations. Refer to Article XX, Section 2, item 4.f.xxi.

g.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, and International Fire Code, as adopted and amended by the City of Pelham.

h.

Additional regulations (when applicable).

i.

The site for a proposed cemetery shall have direct access to a public thoroughfare.

ii.

All required yards shall be landscaped and maintained.

iii.

Any structures except grave markers and monuments shall be located not less than 50 feet from any lot line or street right-of-way.

iv.

A six-foot high protective wall or fence shall be located on all property lines, in accordance with the requirements set forth in Article XXIV, section 13, screening.

v.

The principal entrance or entrances to a cemetery shall be located not closer than 500 feet from the boundary of residentially zoned property.

vi.

Mausoleums, crematoriums, or any other building or structure accessory to or incidental to a cemetery shall not be closer than 200 feet to any property line and shall not exceed 35 feet in height.

vii.

No burial plots shall be located closer than 50 feet from any property lines, nor 150 feet from any water pipe, main, or well.

9.

Planned manufactured (mobile) home park district (P-MHP).

a.

Intent. To establish a district for manufactured (mobile) home parks with consideration given to the nature of the development, surrounding areas, and the overall community.

b.

Location of manufactured (mobile) home parks. The boundary of the park must be at least 100 feet from any permanent residential building located outside the park, unless separated therefrom by a natural or artificial barrier.

c.

Manufactured (mobile) home park standards. The following property development standards shall apply for all manufactured (mobile) home parks hereinafter established or altered. These standards shall be in addition to the requirements listed in Article XX, section 2, application requirements for PUD:

i.

The manufactured (mobile) home park shall be in conformity with all applicable health and sanitation regulations in force by the Shelby County Health Department and/or the City of Pelham.

ii.

Area and dimensional regulations. Except as provided in Article XXIV, supplementary regulations and modifications and Article XXVII, board of adjustment, the area and dimensional regulations set forth in the following table shall be observed:

iii.

Parking regulations. Refer to Article XX, section 2, item 4.f.xix.

iv.

There shall be at least two off-street parking spaces for each manufactured (mobile) home space which shall be on the same site or located in grouped parking bays specifically designed for such purpose close to the site served.

v.

Landscape buffer regulations. Refer to Article XX, section 2, item 4.f.xx.

vi.

Sign regulations. Refer to Article XX, Section 2, item 4.f.xxi.

vii.

Each manufactured (mobile) home space shall be provided with a paved patio of at least 200 square feet; and provide a metal storage building or a building fabricated of some suitable material compatible with the appearance and exteriors of the buildings for the overall development. Storage buildings shall be located in compounds established in the rear of the manufactured (mobile) home spaces. Such buildings shall be located at least ten feet from any manufactured (mobile) home or structure.

viii.

A docking pad containing a minimum of four inches of concrete shall be provided for each manufactured (mobile) home space.

d.

General provisions.

i.

In addition to the requirements in this section, manufactured (mobile) home requirements shall be observed in accordance with the requirements set forth in Article XXV, section 9, manufactured (mobile) homes. In the event of a conflict between this section and the section listed above in the detailed use regulations, the more stringent regulation shall apply.

ii.

Access roads within a manufactured (mobile) home park shall be paved to a width of not less than 23 feet.

iii.

Each manufactured (mobile) home space shall be provided with a connection to a sanitary sewer line or to a sewer system approved by the health department.

iv.

An accessible, adequate, safe, and potable supply of water approved by the health department shall be provided in each manufactured (mobile) home park.

v.

Refuse storage, collection, and disposal shall be in conformity with the laws and regulations prescribed by the health department.

vi.

There shall be provided a common open space area to be left in its natural state, except where recreational trails or facilities, such as parks, are constructed. This area shall have a minimum of ten percent of the development's gross area, in accordance with the common open space requirements of Article XX, section 2, item 5.a.

vii.

Each manufactured (mobile) home shall have tie-downs or other devices securing the stability of the mobile home based on the requirements of the manufacturer or the installation standards of the Alabama Manufactured Housing Commission.

viii.

Foundations shall be installed in accordance with the standards set forth in the manufacturers' set-up requirements, or the installation standards of the Alabama Manufactured Housing Commission.

ix.

Installation of skirting on all manufactured homes shall be required. Installation shall be in accordance with the manufacturers' installation instructions. Acceptable materials may include masonry, stone, metal, vinyl, or other materials manufactured for the purpose of skirting.

x.

Manufactured (mobile) homes shall not be used for commercial, industrial, or other nonresidential uses within the mobile home park.

xi.

Travel trailers and recreational vehicles shall not be allowed to occupy a lot within a manufactured (mobile) home park. The only location in the City of Pelham that travel trailers and recreational vehicles shall be allowed is Oak Mountain State Park, at the discretion of the State of Alabama and subject to its rules and regulations.

e.

General regulations.

i.

Accessory structures, such as a rental office, coin laundry, vending machines, snack bar, garage structures, centrally located mail facility, etc., for the operation of an apartment complex and for use by only the residents and employees. These structures shall be subject to business license requirements, if applicable.

ii.

The owner or licensee, or a duly authorized attendant or caretaker shall be in charge at all times to keep the manufactured (mobile) home park, its facilities and equipment in a clean, orderly, sanitary condition. The licensee or individual lot owner, if applicable, shall be answerable for the violation of any provision of this ordinance.

iii.

Maintenance of register for manufactured (mobile) home parks with rental lots: Every manufactured (mobile) home park owner or operator shall maintain a register containing a record of all residences and occupants of the manufactured (mobile) home park. Such register shall be available to any authorized person inspecting the manufactured (mobile) home park.

iv.

State ad valorem stickers are required if you occupy a mobile home and do not own the land on which the mobile home sits.

v.

An address number must be posted directly on the manufactured (mobile) home, or in a conspicuous location on the same lot, readily identifiable from the street, such as on the mailbox, or on a post if a mailbox is not on the lot.

10.

Uses not covered in other sections. Uses not covered elsewhere in this ordinance and which are generally of a nature so as to be incompatible with the most permitted uses may be allowed, subject to the requirements and approval processes of this article.

(Ord. No. 135-182, 7-16-07)

1.

Compatibility. The development of the PUD must be compatible with the topography of the parcel, should account for any unusual topographic or natural features of the parcel, must be compatible with adjacent and surrounding property with regard to density, building size, and types of uses, and must be compatible with the Pelham Comprehensive Plan. The city council's determination of compatibility with neighboring properties and whether the proposed PUD is an appropriate use(s) for the particular parcel shall be incorporated into the development. The city council may impose such reasonable conditions, terms, and limitations, which in its sole discretion are necessary and proper for preservation of the character of property in the vicinity, and which would make the project compatible with surrounding properties, or which are otherwise necessary or helpful for the protection and promotion of the public health, safety, morals and welfare of the city. However, all findings and determinations of compatibility mentioned above shall remain within the requirements of the planned unit development district and the zoning ordinance of the City of Pelham.

2.

Planning commission consideration. In addition to such other matters which are considered by the planning commission with respect to any other rezoning application, the board may consider the master development plan, the planning criteria, and any supplemental materials in making its decision to recommend approval or denial of an application for the rezoning of a parcel to PUD use. At such hearing before the planning commission suggestions for revisions to the master development plan, planning criteria and supplemental materials may be made, and a written recommendation forwarded to the city council that the application for rezoning be granted based upon the condition that such revisions to the PUD be made.

3.

City council consideration. In addition to such other matters which are considered by the city council with respect to any other rezoning application, the city council may consider the master development plan, the planning criteria, the PUD application, and any supplemental materials in making its decision to approve or deny an application for the rezoning of a parcel to PUD. The city council may consider the appropriateness of the plan in relation to the physical characteristics of the parcel and to the physical characteristics and uses of properties adjacent to or near the subject parcel, and the city council may require such additions, deletions and changes to the PUD and such agreements and covenants with respect to the proposed development, as the city council deems appropriate. The city council may:

a.

Approve the PUD, which approval would be evidenced by the signature of the president of the city council;

b.

Disapprove PUD as submitted; or

c.

Make suggestions for revisions to the PUD and, with the approval of the applicant, continue its consideration of the PUD to a future meeting of the city council.

An application for rezoning to a PUD may be denied by the city council based upon any one or more of the items of information included in the PUD application, the master development plan, the planning criteria, or any supplemental materials.

(Ord. No. 135-182, 7-16-07)

1.

General. The developer of the PUD shall proceed with the development of the property in accordance with the plan and in accordance with subdivision approval, and no further approvals shall be required except as set forth herein. Plans for the construction of improvements on any particular parcel within the PUD, shall be submitted, and a building permit shall be approved or disapproved according to the procedure set forth herein and in compliance with applicable building codes.

2.

Issuance of building permits for principal permitted uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, the building official shall first determine that the intended use of the improvements is a "principal permitted use" within the applicable land use district of the PUD. A building permit may then be issued in accordance with the provisions of this zoning ordinance and in compliance with applicable building codes.

3.

Special exception use. A use which is permitted in a particular zoning district only by special application and approval by the board of adjustment on such special exception as they are authorized to rule on by the terms of this ordinance, and which is subject to restrictions and safeguards as to number, area, character, location or relation to the neighborhood. This use is permitted further subject to appropriate permits and/or licenses being issued in accordance with the provisions of the ordinances of the City of Pelham. It should be noted that an application of a special exception is not an appeal, even though it is being considered by the board. In this case, the board is acting in an administrative role and is applying the general provisions of the ordinance to a specific site and project. The following uses are granted subject to approval by the board of adjustment, and further subject to appropriate permits and/or licenses being issued:

a.

Radio or television broadcasting studio or station. A minimum 20-foot landscape buffer shall be required on all rear and side property lines which abut a residential district.

b.

Broadcasting towers or wireless communications facilities shall be in accordance with the requirements for specific uses set forth in Ordinance No. 374-2, or the most current revision thereof.

(Ord. No. 135-182, 7-16-07)

1.

Intent. It is the intent of this Section to provide for the development of the property submitted for the PUD, and to allow minor changes in the plan without any additional approvals. Accordingly, additional approvals shall be required for major changes as defined herein.

2.

Major change. A "major change" in the plan shall be defined as any change in the boundaries of any land use district reflected on the master development plan, and any change in the planning criteria submitted with the master development plan. No segment, tract, lot or parcel of land within the approved PUD shall be processed for a change of land use district to another PUD land use district or to conventional zoning districts unless the total PUD is submitted along with the rezoning request. The developer of the PUD may request a major change in the plan, by filing an application for amendment which shall be reviewed upon the same basis as the original application.

3.

Minor change. Any changes to the plan other than those included as "major changes" shall be considered "minor changes."

4.

Plat approval. Plat approval shall be obtained through the standard plat approval procedures of the City of Pelham Subdivision Regulations.

(Ord. No. 135-182, 7-16-07)

If no construction has begun within six months from the estimated and approved start-up date of the PUD, as contained within the original approved PUD plan application, the city council may review the plan to assure that conditions in the area have not changed to an extent as to render previously submitted utility, drainage, traffic, and/or other studies as outdated. Following this review, the city council may, by appropriate action, repeal the amendment establishing the PUD. Development shall commence each year on ten percent of the total PUD or on 50 acres (whichever is less), and said construction should continue and be completed within a reasonable time. If development is halted after commencement of construction, or if a change in ownership occurs after commencement of construction, said PUD approval shall remain in full force and effect, and no modification or amendment to the approved plan shall be permitted except as outlined in Article XX, section 7, amendment of the plan.

(Ord. No. 135-182, 7-16-07)

No amendment or modification of this zoning ordinance shall be effective as to any PUD approval issued prior to such amendment or modification, it being intended that the PUD shall continue to be developed in accordance with the zoning ordinance in effect at the time of such prior approval.

(Ord. No. 135-182, 7-16-07)