The regulations set forth in this article supplement or modify the district regulations appearing elsewhere in this ordinance.

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

1.

Temporary structures for use incidental to construction work may be permitted in any district during the period that construction work is in progress, but such temporary building shall be removed upon completion or abandonment of the construction work.

2.

Utility structures, including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distributions of gas, oil, water, or other fluids, television, radio, telephone, microwave, cellular telephone or other like towers including all erected, maintained, repaired, or replaced within any district within the City of Pelham subject to permission being granted by the board of adjustment of the City of Pelham. The board of adjustment may impose any restrictions or conditions on construction deemed feasible by the board of adjustment. The persons or entities in question shall be required to obtain the necessary approvals for special exception uses and/or required building permits. The height limitations found elsewhere in this ordinance shall not apply to structures included in this paragraph. This is not to be construed to allow the erection or construction of office buildings, warehouses, or any other structure not necessary for uses listed herein.

3.

Railroad facilities, including main line tracks, switching spurs, control signals, poles, and wires or similar facilities (but not yards or service facilities) needed for operating railroad trains, may be constructed, repaired, maintained or replaced in any district, and these as well as terminal facilities, including passenger or freight stations, team tracks and storage yards are permitted in the "M" districts.

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

1.

Chimneys, cooling towers, elevator bulkheads, head houses, fire towers, gas tanks, steeples, penthouses, stack, tanks, water towers, ornamental towers and spires, wireless, television or radio towers or necessary mechanical appurtenances, where permitted, may be erected to any height not in conflict with existing or hereafter adopted ordinances of the City of Pelham except that where permitted in connection with residential uses such structures shall be limited to a height of 25 feet above the maximum height of structures permitted in that district.

2.

The limitation on number of stories shall not apply to buildings uses exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which located.

3.

Public, semipublic or public service buildings, including but not limited to hospitals, schools, and churches, when permitted in a district with height limitations of less than 60 feet, may be erected to a maximum height of 60 feet, provided side yards are increased by one foot for each foot of additional building height above the height limitation for the district in which the building is located.

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

Where a lot of record at the time of the effective date of this ordinance had less area or less width than herein required for the district in which it is located, said lot may nonetheless be used as a building site provided the yard space and other requirements conform as closely as possible in the opinion of the board of adjustment to the requirements for the district in which it is located.

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

1.

Every part of a required yard shall be open to the sky unobstructed by any structure or part thereof, and unoccupied for storage, servicing or similar use except as provided herein.

2.

Sills, beltcourses, or ornamental features may project into any yard not to exceed six inches.

3.

Cornices or eaves may project into any required yard not to exceed 18 inches.

4.

Terraces, uncovered porches, underground fallout shelters or ornamental features which do not extend more than five feet above grade may project into a required yard, provided such projections shall not be closer than two feet to any lot line.

5.

More than one multiple dwelling, institutional, commercial or industrial building may be located upon a lot or tract, but such building may be located upon a lot or tract, but such buildings shall not encroach upon the front, side, and rear yards required by the district regulations, and for multiple dwellings the open space between buildings measured at the closest point shall not be less than 30 feet when one or both are two-story buildings, and shall not be less than 40 feet when one or both are three or more story buildings.

6.

Where an open space is more than 50 percent surrounded by residential or institutional buildings, the minimum width of the open space shall be at least 20 feet for one story buildings, 30 feet for two story buildings, and 40 feet for three or more story buildings.

7.

In a residence district, no required yard except the rear yard shall be used for the location of a private swimming pool, and if constructed said pool shall be enclosed by a fence of not less than four feet in height. No mechanical appurtenance or pool shall be within ten feet of any lot line.

8.

For a multiple dwelling, the minimum dimension of a yard upon which any entrance or exit faces shall be 20 feet.

9.

Wherever yards are provided between commercial or industrial structures, they shall have a minimum width of not less than ten feet.

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

The required front yards heretofore established shall be modified in the following cases:

1.

Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of five feet or less), a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

2.

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then:

a.

Where a building is to be erected on a parcel of land that is within one hundred feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings, or

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

3.

Through lots shall provide the required front yard on both streets.

4.

Corner lots shall provide a front yard on each street side. However, the buildable width of a lot of record need not be reduced to less than 28 feet; provided that the side yards shall in no case be reduced to less than that otherwise required for the zone district. No accessory structures shall project into the front yard on either street.

5.

Permitted signs attached to buildings may extend into a front yard of the required yard abutting a side street not to exceed 18 inches.

6.

Gasoline stations pumps and pump islands may be located within a required front yard, but in no case shall they be closer than 15 feet to any street line.

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

The rear or side yards heretofore established shall be modified in the following cases:

1.

Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear or side yard for building purposes; however, the minimum yard abutting an alley shall be three feet.

2.

An unenclosed balcony, porch steps or fire escape may project into a rear yard for a distance not exceeding ten feet.

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

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

1.

No wall or fence in a front yard shall exceed a height of four feet, except as required for a retaining wall.

2.

No wall or fence in a rear or side yard shall exceed a height of seven feet, except as required for a retaining wall.

3.

In any residence district, no fence, structure or planting which obstructs visibility shall be maintained within 25 feet of any street intersections.

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

The intent of this section is to require landscaping and a minimum number of trees in residential areas, to establish standards for buffers required between incompatible land uses and to provide for landscaping surrounding and within vehicular areas in commercial zoning.

1.

Landscaping for residential dwellings. A landscaping plan shall be required as part of every zoning application, variance application and building permit application for new construction. The following standards shall apply to the construction of residential dwellings:

a.

Prior to issue of a certificate of occupancy for residentially zoned property, on a lot that is 100 or less feet in width, the owner shall landscape and plant at least one shade tree in the front or side yards and at least two shade trees in the rear yard.

b.

Prior to issue of a certificate of occupancy for residentially zoned property, on a lot that is more than 100 feet in width, the owner shall landscape and plant at least three shade trees in the front or side yards and at least two shade trees in the rear yard.

c.

Only shade trees listed in section 9, item 7 [of this article] may be planted to comply with the requirements of this section.

d.

Existing trees which are at least six inches in diameter may be used toward meeting the requirements of section 9, item 7 [of this article], if the area within the dripline of the trees has been left in its natural condition and no filling, grading, excavation or parking of vehicles or equipment or other activity which could damage or kill the tree, has occurred within the dripline of said existing trees.

e.

At the time of the final inspection, to prevent sedimentation runoff, yards and all disturbed areas shall be sod laid on topsoil, shall have a stand of grass of not less than one inch, shall be landscaped, or shall be an appropriate combination thereof. Compliance with this requirement shall be subject to the approval of the building official.

2.

Buffers.

a.

Applicability. A landscape plan shall be required as part of every zoning application, variance application and building permit application for new construction that is required by this ordinance to have a buffer.

b.

Standards. In order to decrease incompatibility between neighboring land uses, the following standards shall apply to all buffers required by the zoning ordinance whether the buffer is comprised of planted, natural or a combination of planted and natural vegetation. All buffers shall be a minimum width of ten feet along the property line between incompatible uses, but may be wider at the discretion of the building official.

i.

Prior to occupancy of the building or premises, a buffer of a minimum of ten feet shall be provided. The buffer shall provide a visually impervious barrier, uniformly dense at all heights from the ground, and a minimum of five feet above grade throughout the entire length of the buffer. Within one year after installation the buffer shall be at least six feet above grade throughout the entire length of the buffer. The buffer shall be comprised of vegetation which meets or exceeds these minimum standards throughout the calendar year.

ii.

In the case of planted buffers, the entire surface area of the buffer shall be planted as prescribed in this Section. Only evergreen plant materials may be planted within a required buffer.

iii.

Public utilities and storm drainage facilities may be constructed in the required buffer, provided the buffer is installed in compliance with the approved landscaping plan. The city may require supplemental evergreen plantings in order to mitigate the effect of land disturbance in the buffer.

iv.

The sides of all aboveground detention and retention areas shall be sodded or paved.

v.

The owner shall be responsible for the maintenance, repair and replacement of all landscaping materials and irrigation systems required by this section. All plant material shall be maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.

vi.

All planted buffers shall be irrigated by an automatic irrigation system.

3.

Landscaping for vehicular areas in commercial zoning.

a.

Applicability. These regulations apply to all areas which are located within all commercial zoning, and used for drives; off-street parking and/or loading; vehicular storage, display, maneuvering and washing; and the dispensing of motor fuels; (hereinafter referred to as vehicular areas).

b.

[Landscaping plan required.] A landscaping plan shall be required as part of every zoning application, variance application and building permit application for new construction which includes vehicular areas as herein described. This section shall apply to new vehicular areas for all uses, except residentially zoned property. If the size of an existing vehicular area is increased by ten percent or more, the new vehicular area and the existing vehicular area shall comply with the requirements of this section; except that landscaping in the existing vehicular area shall be exempt from the irrigation requirement.

4.

Interior vehicular area landscaping requirements.

a.

Each vehicular area shall have interior landscaping covering not less than five percent of the total vehicular area. Such landscaping shall be in addition to all planting within six feet of a building.

b.

The primary landscaping materials used in vehicular areas shall be shade trees which comply with the standards of section 9, item 7 [of this article]. Shrubs and other planting materials may be used to compliment the shade tree planting, but shall not be the sole component of the landscaping.

c.

The interior dimensions of any planting area shall be sufficient to protect all landscaping materials planted therein.

d.

All required landscaping shall be irrigated by an automatic irrigation system.

5.

Perimeter landscaping requirements adjacent to public rights-of-way.

a.

Only shade trees listed in section 9, item 7 [of this article] may be used to comply with the requirements of this subsection.

b.

A landscaped strip at least five feet wide, which shall not include a sidewalk or trail, shall be located between the vehicular area and the public right-of-way, except where driveways cross the property line.

c.

The entire five-foot wide strip shall be planted with a double staggered row of shrubs. The shrubs shall be evergreen and a minimum of 30 inches high at installation.

d.

At least one shade tree for every 30 linear feet of required landscape strip, or portion thereof, shall be planted in the landscaped strip.

e.

Landscaping shall not be planted in a manner or location which causes a hazard to vehicles entering or within the public right-of-way.

f.

All required landscaping shall be irrigated by an automatic irrigation system.

6.

Maintenance and irrigation.

a.

The owner shall be responsible for the maintenance, repair and replacement of all landscaping materials required by section 9 of this article. All plant material shall be tended and maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.

b.

All landscaping required in section 9 of this article shall be irrigated by an automatic irrigation system.

7.

Shade tree list. Only the following shade trees may be planted in order to comply with the requirements of section 9 of this article. All such trees shall be at least two and one-half inches in diameter, measured five feet above the root ball of the tree.

a.

American Holly

b.

Oak

c.

Chinese Elm

b.

Crape Myrtle

c.

Ginkgo

d.

Zelcova

e.

Magnolia

f.

Red Bud

g.

Willow

h.

Birch

i.

Cherry

j.

Dogwood

k.

Maple

l.

Poplar

8.

Landscaping plan. A landscaping plan shall be required as part of every zoning application, variance application and building permit application for new construction that requires a buffer and/or landscaping in vehicular areas. The landscape plan shall be drawn to a scale no larger than one inch equals 50 feet and shall contain the following information:

a.

The location and dimension of all areas proposed for landscaping and planting, including a description of the proposed plant materials.

b.

All dimensions and distances, property lines, easements, rights-of-way and buffers.

c.

Existing and proposed buildings and structures, including signs, trash and garbage containers, utility and drainage structures.

d.

Existing and proposed buildings and structures on the subject property and adjacent property affected by a required buffer. When the finished floor elevation of buildings on the subject property differs by ten feet or more from the finished floor elevation of the buildings on the adjacent property affected by the buffer, the plan shall include a cross section which accurately shows the comparative elevations of the buildings in relationship to the buffer.

e.

Bodies of water including water detention and retention areas.

f.

Driveways, vehicular areas, existing and proposed parking spaces, access aisles and other vehicular areas.

g.

Sufficient information and detail to demonstrate compliance with the requirements of this section.

9.

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

a.

Where natural vegetation (trees and/or shrubs) exist on a piece of property, when application is made for a building permit, a strip of natural vegetation shall be left undisturbed until the building official has inspected such area. The official will evaluate with regard to the width requirements set forth in the zoning ordinance for that specific use and zone, as well as suitability. The building official may require that the developer retain a portion of the natural vegetation as a greenbelt/buffer, where such already exists, rather than require a manmade planting strip or other methods of screening; however, such greenbelt/buffer must be sufficient in both height and/or density to achieve the desired purpose as a natural barrier.

b.

Where future development of adjacent property would make these standards unreasonable or impractical.

c.

Where, after inspection by the building official, it is found that two different and incompatible zone districts abut each other but are already separated by a street or alley or where the view from the adjoining district is blocked by a change in grade or other natural or manmade features.

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

This section governs antennas which are accessory to the principal use of a premises. Commercial radio and television transmission antennas, television receiving antennas for cable television systems, telecommunications antennas, and other antennas which constitute a separate business from the principal use of the premises or which are an integral part of the principal use of the premises, are not accessory antennas, and are governed by Ordinance No. 374-2, regulations for wireless communications facilities.

1.

Applicability. Accessory antennas are limited to the following:

a.

The following antennas which are accessory to residential use are permitted in any residential district:

i.

Radio and television antennas, other than parabolic antennas, which do not exceed 25 feet in height above the established height of the zoning district and are located on the same premises as the dwelling to which they are accessory.

ii.

Parabolic antenna greater than two feet in diameter, which is located on the same premises as the dwelling which it serves, subject to the provisions of Article XXIV, section 10, item 2, parabolic antennas.

iii.

Parabolic antenna less than two feet in diameter, which is attached to the dwelling to which it is accessory and does not extend more than six feet above the roof line of the dwelling.

iv.

Federally licensed amateur radio station antenna which does not exceed 25 feet in height above the established height of the zoning district and is located upon the same premises as the dwelling to which it is accessory.

b.

The following antennas which are accessory to commercial use are permitted in any commercial district:

i.

Radio and television receiving antennas, other than parabolic antennas, which do not exceed the maximum building height of the zoning district and are located on the same premises as the business to which they are accessory.

ii.

Transmitting and receiving antennas for communication with vehicles owned by the business, which do not exceed the maximum building height of the zoning district and are located on the premises of the business to which they are accessory.

iii.

Parabolic antenna which is located on the same premises as the business which it serves, subject to the provisions of Article XXIV, section 10, item 2, parabolic antennas.

2.

Parabolic antennas.

a.

Intent. Parabolic antennas, due to their size, shape, appearance, and proliferation, have the potential to generate negative impact upon adjacent property and the general welfare of the city. Therefore, parabolic or "dish" antennas are more strictly regulated than other forms of accessory antennas.

b.

Applicability. A parabolic antenna subject to the regulations of this subsection is any antenna which has a parabolic, dish, or circular shape, is more than two feet in diameter, and is used or designed for receiving television signals as an accessory use to the principal use of the property.

c.

General regulations.

i.

A maximum of one parabolic antenna is permitted per lot.

ii.

Parabolic antennas shall be located and designed to minimize negative impact on surrounding property. Materials used in constructing the antenna shall not be unnecessarily bright, shiny or reflective. A parabolic antenna constructed of mesh material will have less negative impact than an antenna constructed of visually impervious material.

iii.

An antenna shall not be used for advertising purposes.

iv.

All parabolic antennas shall be located behind the front building setback line, or lines, in the case of a corner lot.

v.

Parabolic, as well as other antennas, are structures, and shall require the issue of a building permit and conform to the city's building codes.

d.

Regulations pertaining to the A-1, E-1, R-1, R-2, R-G, R-T, PR-1, PR-2, and P-MHP districts. A parabolic antenna shall be permanently attached to the ground, located in the rear yard at least 12 feet from a property line and shall not exceed 16 feet in height.

e.

Regulations pertaining to the R-A, PR-3, and P-MX districts.

i.

Ground-mounted parabolic antennas shall be permanently attached to the ground, located in the rear yard at least 25 feet from a public street right-of-way, ten feet from a property line and shall not exceed 16 feet in height.

ii.

Roof-mounted parabolic antennas shall be located at least 50 feet from a single-family residential district boundary and shall not extend more than ten feet above the roof line.

f.

Regulations pertaining to the O-I, B-1, B-2, B-3, B-4, M-1, M-2, PO-I, PC, PB, and P-CD districts.

i.

A ground-mounted parabolic antenna shall be permanently attached to the ground, located in the rear yard at least 25 feet from a public street right-of-way, ten feet from a property line, and shall not exceed 16 feet in height.

ii.

Roof-mounted parabolic antennas which exceed six feet in diameter shall be at least 50 feet from a single-family residential district boundary. Roof-mounted parabolic antennas shall not extend more than ten feet above the roof line.

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

There shall be only one main structure plus any permitted accessory structures on any lot used for residential purposes. The following shall apply to accessory structures:

1.

Accessory structures may be built in a rear yard, but such structures shall not occupy more than 30 percent of the required rear yard and shall not be nearer than three feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than seven feet to the alley line. If the zoning district requirements are more stringent for accessory structures, the zoning district regulations apply. In the case of corner lots or double fronted lots, accessory structures shall not encroach on either front yard.

2.

Accessory structures in all residential areas shall not involve an activity connected with any business or manufacturing use, nor shall such accessory structure be used as living quarters. Such accessory structures shall be erected and maintained only as accessory to the principal building or dwelling situated on the same lot or premises.

3.

Accessory structures shall be constructed of materials which are compatible with other buildings in the district in which they are located in order to insure that the aesthetic value and appearance of the neighborhood is retained. Accessory structures shall be built in a manner which will compliment the main structure, and similar shape, roof slope, and building materials shall be used.

4.

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

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

Continuous sidewalks, paved with concrete, brick or such other material as may be approved by the planning commission, and separated from public streets by a raised curb and buffer strip, shall be provided along the full length of lot frontage for all developments in addition to provisions of the City of Pelham Subdivision Regulations and according to the following requirements and as described in Table 1, on-street sidewalk and landscaped buffer strip requirements by zoning district.

1.

Required sidewalks in districts. Continuous on-street sidewalks shall be provided along the full length of lot frontage and sidewalks of not less than four feet shall be provided between any parking area and the building or buildings which they serve. All sidewalks and required buffer strips shall be located within the right-of-way of planned streets and within the right-of-way of existing public streets to the extent feasible upon written approval of the planning commission. Refer also to Table 1 below:

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

All outside storage areas, which are allowed under certain zoning districts, shall comply with the following screening requirements:

1.

All outdoor storage facilities shall be completely surrounded by a continuous fence or wall of masonry, wood, or other opaque material, which shall be a minimum of six feet in height without openings of any type, except for one entrance and/or one exit which shall not exceed 25 feet in width.

2.

Gates at entrance or exit shall be of a material without openings.

3.

The screen shall be constructed of the same type of material throughout.

4.

No screen shall be constructed of metal that will rust.

5.

Screens shall be maintained and in good repair at all times.

6.

In no instance shall screening be forward of the front building setback line.

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

The principal building of a permanent or temporary business shall be a permanent building which has a roof supported by columns or walls, with walls constructed of wood, metal, glass, brick or masonry materials which completely enclose the principal building area. The permanent building and premises shall conform in all respects to the applicable land and building development codes and ordinances of the city. The principal building of any permanent or temporary business shall not be a tent, shelter, mobile building, or other structure which does not comply with the intent of this section. Short-term and seasonal businesses are in accordance with the requirements of the detailed use regulations set forth in article XXV, section 17. Special events are in accordance with the requirements of the detailed use regulations set forth in article XXV, section 18. Mobile food units are in accordance with the requirements set forth in Ordinance No. 288-9, schedule FF.

(Ord. No. 135-182, 7-16-07; Ord. No. 135-205, § 1, 5-4-15)