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Pelham City Zoning Code

ARTICLE XXV.

DETAILED USE REGULATIONS

Sec. 1. - Purpose.

In this article certain land use activities are identified for special treatment. The nature of these uses is such that when properly regulated they may be appropriate in several zones. In order to bring about the proper integration of these uses into the community's land use pattern, a special set of regulations is provided for each use. Review of these regulations will tend to maintain compatibility with adjoining land uses, and prevent characteristics that might have negative impacts on nearby uses without these additional regulations.

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

Sec. 2. - Standards applicable to certain uses.

In addition to compliance with other regulations imposed by this ordinance, the following standards are required of the specific uses below:

Section 3, Group home/family care home

Section 4, Day care home

Section 5, Day care center

Section 6, Home occupation

Section 7, Industrial park

Section 8, Shopping center

Section 9, Manufactured (mobile) homes

Section 10, Modular (mobile) offices

Section 11, Motor vehicle sales lot

Section 12, Gasoline service station

Section 13, Major vehicle repair (body work, engine repair, or transmission repair)

Section 14, Hospital and sanitarium

Section 15, Retirement and nursing home

Section 16, Veterinary clinics, veterinary hospitals, outside kennels or dog runs

Section 17, Short-term and seasonal businesses

Section 18, Special events

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

Sec. 3. - Group home/family care home.

No group home/family care home building, or structure, or integral part thereof shall be erected in any zone other than R-2.

1.

Group homes/family care homes for ten or less mentally ill or retarded persons to be located only in R-2 two-family residential district. Said group home must be licensed by the State of Alabama and permitted by the City of Pelham. Also reference Code of Ala. § 11-52-75.1.

2.

The family care home must be sponsored by a public or nonprofit organization. All state, county, and city licensing requirements shall be met including business licenses and those pertaining to building, fire safety, and health codes.

3.

No family care home shall be located within 1,000 feet of another family care home.

4.

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

5.

The group home/family care home must have full-time, 24-hour, on-site supervision.

6.

Parking for these facilities shall be restricted to the side and rear yard.

7.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 4. - Day care home.

No day care home building, or structure, or integral part thereof shall be established in any zone other than A-1, E-1, R-1, R-2, R-G, and PR-1. Day care homes are not subject to the requirements for home occupations, but shall comply with the following requirements:

1.

The day care home shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling.

2.

The day care home shall provide day care for six or less children and must meet all applicable state and county licensing requirements.

3.

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

4.

The day care home shall not be conducted in any accessory structure located on the same lot as the principal dwelling.

5.

The day care home activity shall be limited to the hours between 6:00 a.m. and 10:00 p.m.

6.

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

7.

Each applicant for day care home approval shall submit a tax notice or deed to the property on which the proposed business will be conducted. If the applicant does not own the property, he/she shall obtain from the owner a signed and notarized letter of authorization to apply for day care home approval. The letter shall include name, address, and telephone number of the property owner.

8.

Day care homes shall only be permitted in single-family detached dwellings or two-family duplex dwellings, and only allowed in the zoning districts listed above in the first paragraph of this section.

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

Sec. 5. - Day care center.

No day care center building, or structure, or integral part thereof shall be erected in any zone other than O-I, B-1, B-2, M-1, PO-I, and P-C.

1.

The day care center shall provide day care for more than six children, elderly, handicapped, or infirm persons and must meet all applicable state and county licensing requirements.

2.

The facility must have an approved and currently valid state license. Proof of state annual license renewal must be supplied to the city every year.

3.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

4.

The operator of a day care center shall allow appropriate representatives of the municipality to enter the property to inspect such use for compliance with the requirements of all applicable ordinances of the City of Pelham.

5.

Hours of outside play shall be limited to between the hours of 8:00 a.m. and sunset, as defined by the National Weather Service and an outdoor play area shall be provided for child day care facilities and shall not be located in the front yard.

6.

Fencing shall be provided to physically contain the children within the outdoor play area, and to restrict children from hazardous areas, such as open drainage ditches, wells, holes, and streets or highways.

7.

Play equipment shall be located at least ten feet from an abutting lot line.

8.

All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Such lighting shall not produce objectionable glare on adjacent properties.

9.

Day care centers utilizing, or proposing to utilize, an on-site sewage disposal system shall obtain a written statement from the Shelby County Health Department certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.

10.

The expansion of a day care home shall require rezoning to a district in which a day care center is permitted. When applying for rezoning, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas, merchandise delivery areas, on-site sewage disposal facilities, parking spaces, and the child or adult drop-off circulation pattern.

Sec. 6. - Home occupation.

Home occupation or integral part thereof shall be allowed in any residential district. Home occupations are permitted subject to stipulations in each district and to the following conditions:

1.

The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely affect the use permitted in the district of which it is a part. Such use shall not adversely affect the general welfare of the surrounding residential area due to potential noise, electrical interference, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property.

2.

Customary home occupations shall be limited to an office.

3.

The home occupation shall be confined to 25 percent of the principal building and shall not be conducted in any accessory structure located on the same lot as the principal dwelling.

4.

There shall be no outside display, or inside/outside storage of materials, goods, supplies, or equipment used in the home occupation on the premises.

5.

No equipment uses other than that normally used in connection with a residence shall be allowed.

6.

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

7.

The home occupation shall be operated in the existing dwelling unit, which shall not be enlarged to accommodate the business activity.

8.

There shall be no visible evidence that the dwelling is being used to operate a home occupation. Signs shall not be permitted.

9.

No merchandise shall be distributed to customers on the premises.

10.

No advertising material shall indicate the business hours, address and/or physical location of the business.

11.

The operation of a home occupation shall not involve the sale of any dangerous or deadly weapons such as knives, firearms, or air guns.

12.

The on-site repair of vehicles shall be prohibited as a home occupation.

13.

Any applicant for a home occupation shall submit an application form together with any documentation required by this section to the business license office. The zoning official or a person designated shall have three business days to approve or deny the application or inform the applicant that more information is needed to reach a decision.

14.

Each applicant for home occupation approval shall submit a tax notice or deed to the property on which the proposed business will be conducted. If the applicant does not own the property, he/she shall obtain from the owner a signed and notarized letter of authorization to apply for home occupation approval. The letter shall include name, address, and telephone number of the property owner.

15.

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

16.

If an applicant fails to provide required documentation, or provides insufficient information, to determine compliance with this section, the application shall be denied.

17.

The building official, the zoning official, or a person designated by the city council, shall have the right to enter and inspect the dwelling for compliance purposes following advance notice to the property owner.

18.

The issuance of a business license to a service contractor, who performs work at other locations, does not constitute permission to store materials, tools, vehicles, or construction equipment on the property of the address listed on the license.

19.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

(Ord. No. 135-182, 7-16-07; Ord. No. 135-248, § 1, 1-24-22)

Sec. 7. - Industrial park regulations.

No industrial park, building, or structure, or integral part thereof shall be erected in any zone other than M-1, M-2, or P-B. Where permitted, industrial parks shall comply with the following requirements:

1.

An industrial park shall, for the purpose of this ordinance, include all land 25 acres or more in size, subdivided and platted into two or more parcels, and used or intended to be used for predominantly industrial or commercial purposes of an industrial character.

2.

Access to an industrial park shall be by way of a major thoroughfare.

3.

All streets or roadways within an industrial park shall have a minimum right-of-way width of 70 feet, a maximum gradient of five percent and shall conform to the City of Pelham's standards for commercial streets or as otherwise approved by the planning commission.

4.

Off-street parking and loading shall be provided in accordance with Article XXIII, off-street parking and loading requirements.

5.

Outdoor storage in an industrial park shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened by either landscaping, fences, or walls, and are located behind the front line of the building, but in no instance forward of the front building setback line. Screening shall be in accordance with the requirements set forth in Article XXIV, section 13, screening.

6.

A buffer area not less than 20 feet in width shall be provided along property lines of an industrial park which abuts any residential zone.

7.

The vehicular approach to an industrial park site from a public street or highway shall be so designed that uncontrolled left hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway, or other suitable means designed by a civil engineer, licensed by the State of Alabama.

8.

Sight distances at all points of ingress and egress to public streets or highways shall not be less than 1,000 feet, except where a traffic signal light is installed at the entrance to or exit from the industrial park site unless determined by a study conducted by a civil engineer, licensed by the State of Alabama.

9.

Where points of ingress and egress to industrial park from public streets or highways having speed limits in excess of 30 miles per hour (mph) are located, there shall be provided on the public thoroughfare acceleration an deacceleration lanes, the length of which shall be determined by the following:

a.

30 mph: 100 feet

b.

40 mph: 200 feet

c.

50 mph: 300 feet

d.

55 mph: 350 feet

10.

A report of subsurface soil conditions shall be provided to the building official of the City of Pelham by an Alabama licensed professional engineer as evidence of suitable bearing for foundations in the construction of industrial structures of a nature intended to be used within the proposed industrial park.

11.

A site plan, a grading, drainage and erosion control plan, best management practices for the site, a utility plan, and any other information deemed necessary by the city engineer, which provide for the site grading, storm drainage, sanitary sewerage, and water supply, prepared by an Alabama licensed professional engineer, shall be submitted to the city engineer.

12.

A copy of any deed restrictions or covenants shall be provided to the planning commission.

13.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 8. - Shopping center requirements.

No shopping center building or structure, or integral part thereof, shall be erected in any zone other than B-2, M-1, and P-C. In addition to all other rules and regulations established by this ordinance, the following shall apply to all shopping centers:

1.

No repairs or sales of vehicles of any type are allowed in a shopping center.

2.

Businesses requiring delivery vehicles shall have a separate area for these vehicles, with no parking allowed in the required parking spaces for customers, in accordance with the requirements for specific uses set forth in Article XXIII, off-street parking and loading requirements.

3.

The building group must be architecturally unified.

4.

Convenient vehicular servicing of all buildings in the shopping center, satisfactory circulation of traffic in the parking areas, and no undue interference with through traffic in training ingress to and egress from said site must be provided.

5.

An integrated parking area and vehicular loading space as specified in Article XXIII, off-street parking and loading requirements must be provided.

6.

Convenient and safely located pedestrian walkways must be provided.

7.

The required parking spaces, maneuvering drive aisles, and pedestrian areas are not to be used in ways other than the intended designed uses for those areas.

8.

The location, size, character, and number of all exterior signs must be approved pursuant to all applicable regulations, in accordance with the requirements for the specific uses set forth in Article XXII, sign ordinance.

9.

A minimum lot depth of 300 feet must be provided.

10.

A buffer strip of not less than 20 feet wide where the shopping center abuts any residential zone, unless otherwise stipulated elsewhere in this ordinance must be provided.

11.

A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility and sight distance from ingress and egress points, prepared by a civil engineer, licensed by the State of Alabama, must be submitted to and approved by the engineering and inspections department.

12.

A site plan, a grading, drainage and erosion control plan, best management practices for the site, a utility plan, and any other information deemed necessary by the city engineer, which provide for the site grading, storm drainage, sanitary sewerage, and water supply, prepared by an Alabama licensed professional engineer, shall be submitted to the city engineer.

13.

A copy of any deed restrictions intended for the property upon which said facility is to be constructed must be submitted to and approved by the engineering and inspections department.

14.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 9. - Manufactured (mobile) homes.

1.

Except as provided in Article VI, A-1 agricultural district, Article XX, planned unit development district, and Article XXVI, nonconforming uses of land and buildings, all manufactured (mobile) homes shall be parked in authorized manufactured (mobile) home parks.

2.

Except as provided in Article VI, A-1 agricultural district, Article XX, planned unit development district, and Article XXVI, nonconforming uses of land and buildings, manufactured (mobile) homes shall not be permitted on individual lots and shall not be considered as single-family dwellings.

3.

Manufactured (mobile) home standards and required improvements.

a.

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.

b.

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.

c.

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.

4.

Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Article XXIII, off-street parking and loading requirements.

5.

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

6.

All mobile homes must be attached to an approved sanitary sewer system or an on-site sewage disposal system approved by the Shelby County Health Department.

7.

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.

8.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 10. - Regulations pertaining to modular (mobile) offices.

Modular (mobile) offices are prohibited in all zoning districts of the City of Pelham, Alabama, except upon compliance with the following requirements:

1.

The use of manufactured (mobile) homes for business or industrial uses may be allowed temporarily by special permit issued by the Planning Commission. Said permit to be for a period not exceeding one year.

2.

Modular (mobile) offices may be used on a construction site as a construction office, as individually approved by the building official. Said modular (mobile) office may not be placed on the site prior to issuance of a building permit and must be removed upon completion of the job.

3.

Modular (mobile) offices may be used as real estate sale offices, subject to individual approval by the planning commission. Approval shall not be granted for a period in excess of one year.

4.

Modular (mobile) offices shall not be approved for permanent use.

5.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 11. - Motor vehicle sales or rental lot.

The words and phrases listed herein below shall have the following meanings in this section. No motor vehicle sales or rental lot shall be located in any zone other than B-2 and M-1.

Established motor vehicle lot: A new and/or used motor vehicle lot located in the City of Pelham or any land in the City of Pelham maintained and/or used for the conduct of a new and/or used motor vehicle business.

Motor vehicle wholesaler or wholesaler: Any person, firm, corporation or entity engaged in the business of buying, selling, or exchanging motor vehicles at wholesale to motor vehicle dealers and not to the public.

New motor vehicle: Any motor vehicle, other than a used motor vehicle, the legal title of which has never been transferred by a manufacturer, distributor, or new motor vehicle dealer to a purchaser and to which license plates have not been issued and which motor vehicle has not been registered for use on the highways by a consumer or by a dealer, and includes any motor vehicle required to be titled, trailer coaches, and trailers.

New motor vehicle business: The purchase, sale, lease or exchange of new motor vehicles.

New motor vehicle dealer: Any person, firm, corporation or entity which holds a bona fide contract or franchise in effect with a manufacturer or distributor of new motor vehicles or new and used motor vehicles who brokers, sells, trades, deals in or with, or engages in the purchase, sale, lease, or exchange of new motor vehicles to the public.

New motor vehicle lot: Any place where new motor vehicles are displayed, stored, or offered for purchase, sale, lease or exchange in the open by a new motor vehicle dealer or new motor vehicle business.

Used motor vehicle: Any used or secondhand motor vehicle, the title of which has been transferred by a manufacturer, distributor, or new motor vehicle dealer to a purchaser and to which a certificate of title and license plates have been issued and which motor vehicle has been registered for use on the highways by a consumer or by a dealer, and includes any used or secondhand motor vehicle required to be titled.

Used motor vehicle business: The purchase, sale, lease or exchange by any person of five or more used motor vehicles within a 12-month period or four or more used motor vehicles at any one point in time.

Used motor vehicle dealer: Any person, firm, corporation or entity engaged in the business of buying, selling, exchanging, advertising, trading, brokering or negotiating the sale of five or more used motor vehicles at retail during a calendar year within a 12-month period or four or more used motor vehicles at any one point in time, whether or not the used motor vehicles are owned by such person, firm, corporation or entity, or in offering or displaying used motor vehicles for sale at retail to the public.

Used motor vehicle lot: Any place where used motor vehicles are displayed, stored or offered for purchase, sale, lease or exchange in the open by a used motor vehicle dealer or used motor vehicle business.

Wholesaler lot: Any place where motor vehicles are displayed, stored or offered for purchase, sale, or exchange in the open by a motor vehicle wholesaler.

1.

The lot of record must be a minimum of one-half acre (21,780 square feet) in order to operate a motor vehicle sales lot.

2.

A suitable building of a permanent nature, not less than 3,000 square feet of interior floor space, shall be maintained on the premises for a business/sales office, and shall meet all requirements of the current building code as adopted by the City of Pelham.

3.

In order for there to be an automotive repair shop on the same property as a motor vehicle sales lot, the sales lot must offer new motor vehicles for sale, be a minimum lot size of one acre (43,560 square feet), and it must be separately licensed to do so.

4.

The motor vehicle dealer must maintain an on-site inventory of at least 30 vehicles.

5.

An off-street pavement setback from public thoroughfares shall be maintained for the safety of prospective buyers viewing displayed vehicles. The setback shall be a minimum of five feet from the parking lot pavement to the right-of-way or, on corner lots, five feet from the parking lot pavement to the right-of-way along both rights-of-way. Within this setback area, a landscaped strip of 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.

6.

Vehicles, signs, banners, tents, or other items shall not be stored, parked, displayed, or otherwise placed on public rights-of-way at any time.

7.

Grounds shall meet, or be improved to comply with, the following minimum requirements upon that portion of the land to be used for display and/or offering for sale of motor vehicles:

a.

Parking spaces for inventory shall be not less than nine feet by 20 feet for each new and/or used motor vehicle.

b.

Improved ground shall contain a gravel base of not less than four inches covered by a minimum of two inches of asphalt, concrete or other approved hard topping.

c.

The finished grade of such improved grounds shall be not less than 12 inches or more than 36 inches above the grades of the street adjoining the premises.

d.

Required parking spaces for customers shall be designated separately from those areas used to display automobiles for sale.

e.

An adequate turn-around area shall be provided to discourage vehicles backing out into traffic from the sales lot.

8.

The placement of vehicles for display must be of a professional nature, such as no upside-down cars.

9.

Disabled or damaged vehicles shall not be permitted to remain in an exterior location unless screened from public view. Screened areas shall only be allowed in areas to the side or the rear of the principal structure of the business. Screening fences shall be provided on any property line that abuts any right-of-way and any adjoining property.

10.

Audio amplification systems, including, but not limited to, telephone loudspeakers or paging systems, shall be located to ensure that they cannot be heard on adjacent properties.

11.

Other types of existing businesses requesting to operate a motor vehicle sales or rental lot shall not be permitted to utilize existing designated required parking spaces for that existing business for a motor vehicle sales or rental lot. Any existing business requesting license or zoning for a motor vehicle sales or rental lot shall meet all of the criteria described herein.

12.

The applicant shall submit to the city engineer and/or the zoning official written detailed site plans and landscaping plans for the property to be used including method proposed for improvement, drainage, parking and display areas, driveways for ingress and egress, signage and buildings to be built or existing buildings to be used in the operation of the business. Off-street parking spaces, site plans, landscaping and buffers, and signage shall be in accordance with the requirements for the applicable zoning district in which the property use is located.

13.

The applicant shall prepare a plan and inventory for the safe storage of flammable or hazardous materials to be stored or used on the property. The plan shall provide for the prevention, containment, recovery, and mitigation of spilled fuel or other hazardous material. The inventory shall be submitted to the city prior to the building permit approval, listing the type, quantity, and location of these materials. The inventory shall be kept current pursuant to direction provided by the city.

14.

All used motor vehicle businesses, as well as new motor vehicle businesses that wish to engage in the purchase, sale, lease or exchange of motor vehicles weighing over 16,000 pounds, are required to obtain a conditional use permit issued by the Pelham City Council upon the recommendation of the Pelham Planning Commission. The permit shall be required prior to the issuance of a business license for said use and prior to occupancy of the premises regarding said use.

A.

The Pelham Planning Commission shall hold a public hearing, notice of which will be given, for the consideration of the regulations described above and comments from the applicant(s) and other interested parties will be heard. After completing an applicable public hearing, the Pelham Planning Commission will vote on a recommendation to make to the Pelham City Council and then submit its recommendation and report.

B.

The Pelham City Council will also hold a public hearing considering the additional rules and regulations described above, as well as any requested exceptions, and, shall make the final decision regarding the granting of a permit and issuance of an applicable business license.

15.

Where permitted, motor vehicle sales and rental lot businesses shall comply with Article XIII Motor Vehicle Sales and Rental Lots of Chapter 5 Business Licenses, Taxes and Regulations of the ordinances of the City of Pelham (Ordinance No. 135-227, adopted December 2, 2019), as may be amended, and shall be further subject to the regulations herein. The granting of a motor vehicle sales lot license shall be contingent upon obtaining all applicable zoning approvals and permits, and upon compliance with all further business license provisions (business license requirements, approval and revocation procedures are outlined in Ordinance No. 135-227, adopted December 2, 2019).

(Ord. No. 135-182, 7-16-07; Ord. No. 135-226, § A, 12-2-19)

Sec. 12. - Gasoline service station.

No gasoline service station building, or structure, or part thereof which is integral to a gasoline service station shall be erected in any zone other than B-2, M-1, and P-C.

1.

Gasoline service stations shall observe all regulations for such structures and their uses as required by the laws of the State of Alabama and any applicable ordinance of the City of Pelham.

2.

All permanent storage of material, merchandise, and equipment shall be within the principal building or within the setback lines, with the exception of garbage and trash, which shall be located in an area enclosed on three sides by an opaque fence of at least six feet high, with the open side of the opaque fence not viewable from any public road right-of-way, and located within the setback lines.

3.

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

4.

Drains located on the premises without approved oil/water separators in the trap shall be prohibited.

5.

All permitted minor repair work to vehicles shall be performed within the principal building located on the premises of the gasoline service station.

6.

No gasoline service station shall be located within 300 feet from a public assembly center as measured from the principal entrance of the facility.

7.

Yard requirements:

A.

Minimum site of 12,000 square feet.

B.

Frontage on a public road of 120 feet.

C.

Structures permitted on said site not to exceed one principal structure, and three islands of triple pumps.

D.

All driveways shall be set back a minimum of 20 feet from property corners, shall not exceed 35 feet in width and shall be 30 feet apart.

E.

A minimum of 1,600 square feet of lot area is required for each additional triple pump island, 1,200 square feet of lot area shall be provided for each service bay or car wash, and 150 square feet for a separate pay station.

8.

Applicable only to construction of gasoline pumps and facilities to existing establishments. The following minimum standards shall apply to the gasoline dispensing area including pump islands and approach drives:

A.

One triple-pump island: Two thousand seven hundred square feet.

B.

One pay station and one triple-pump island: Five thousand two hundred square feet.

C.

A minimum of 1,600 square feet of lot area shall be provided for each additional triple-pump island and a minimum of 1,200 square feet of lot area shall be provided for each service bay and car wash.

9.

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

A.

Major engine repair.

B.

Body work, and spray painting.

C.

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

D.

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

E.

Buying or selling of new or used motor vehicles.

8.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 13. - Vehicle repair (major).

A place of business engaged in repair and maintenance of motor vehicles (see definition of "motor vehicle") including painting, body work, rebuilding of engines or transmissions, upholstery work, fabrication of parts and similar activities in which all work is performed entirely within an enclosed building. No major vehicle repair establishment building, or structure, or part thereof which is integral to a major vehicle repair establishment shall be erected in any zone other than B-2 and M-1.

1.

Major vehicle repair or servicing, with damaged or inoperable items to be screened in a separate paved lot with a bituminous or concrete surface. Any screening shall be in accordance with the requirements for specific uses set forth in Article XXIV, section 13, screening.

2.

Surface pavement. All surface areas with automobile traffic shall be properly prepared using bituminous or concrete paving. In no event shall vehicles be parked on grass or unprepared surfaces.

3.

Required parking spaces for customers and employees shall be designated separately from those areas used to park vehicles scheduled for repair.

4.

Disabled or damaged vehicles shall not be permitted to remain in an exterior location unless screened from public view. Screened areas shall only be allowed in areas to the side or the rear of the principal structure.

5.

Turn-around. An adequate turn-around area shall be provided to discourage vehicles backing out into traffic from the lot. An adequate maneuvering area, to be solely located on the lot and not within any road right-of-way, shall be provided for the delivery of vehicles by wrecker.

6.

Any change in business ownership or discontinuance in the use of the property for the purpose of a major vehicle repair lot shall cancel the major vehicle repair lot business license. To become licensed as a major vehicle repair lot again, all of the necessary requirements and physical improvements described herein must be met. A site plan and landscape plan shall be submitted to ensure compliance.

7.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 14. - Hospitals.

No hospital building, or structure, or part thereof which is integral to a hospital shall be erected in any zone other than O-I, B-1, B-2, M-1, and PO-I. The following information is required by the City of Pelham:

1.

Submission of a site development plan.

2.

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

3.

Where deemed necessary by the city engineer, a traffic analysis indicating the estimated traffic flows to and from the hospital prepared by a registered professional engineer.

4.

For each bed in a hospital there shall be 200 square feet of outdoor open space, exclusive of required front yards, side yards, greenbelts, parking area, loading space, or other purposes. Said outdoor open space shall be open and unobstructed from the ground upwards.

5.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 15. - Retirement and nursing homes.

No retirement or nursing home building, or structure, or part thereof which is integral to a retirement or nursing home shall be erected in any zone other than O-I, B-1, B-2, M-1, and PO-I. The following information is required by the City of Pelham:

1.

Submission of site development plan.

2.

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

3.

Where deemed necessary by the city engineer, a traffic analysis indicating the estimated traffic flows to and from the hospital prepared by a registered professional engineer.

4.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

5.

Parking areas shall be set back no less than 15 feet from the building and a sidewalk of no less than 5 feet in width shall be provided between the building and parking area.

6.

No certificate of occupancy shall be issued prior to the issuance of required permits and certificates by federal, state, and local agencies.

7.

Ten percent of the total parking spaces shall be designated as handicap accessible.

8.

All buildings shall be set back from the street right-of-way and from all lot lines as required by the zone within which the development is located except: Where adjacent to a residential or agricultural zone, the minimum setback shall be 50 feet. Where adjacent to a state highway, the minimum setback shall be 50 feet.

9.

Entrances to individual units shall be from the interior of the building. Mailboxes and laundry rooms shall also be within the same building.

10.

No less than 20 percent of the site area shall be improved for the passive recreational use of tenants.

11.

All utilities shall be placed underground; and all independent living facilities shall be served by public water and sewer.

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

Sec. 16. - Veterinary clinics, veterinary hospitals, dog training facility, boarding facility, outside kennels or dog runs.

No veterinary clinic, veterinary hospital, dog training, or boarding facility, or structure, or part thereof which is integral to a veterinary clinic or veterinary hospital shall be erected in any zone other than B-2, M-1, and P-C. No outside kennel or dog run, or structure, or part thereof which is integral to an outside kennel or dog run shall be erected in any zone other than M-1. The following information is required by the City of Pelham:

1.

Veterinary facilities in B-2, M-1, and P-C zoning shall not be located within two hundred (200) feet of all residential districts.

2.

All buildings in B-2 and P-C zoning where animals have access or are kept shall be soundproofed to contain all sounds on-site prior to the issuance of a certificate of occupancy, with no outside kennels or dog runs allowed in B-2 and P-C zoning.

3.

Emission of any offensive odors is not permitted at any time.

4.

Outside kennels or dog runs are only allowed in M-1 zoning [districts] and are subject to submission of an overall site development plan to be reviewed and approved by the planning commission prior to any grading, clearing, site improvements or issuance of related permits; provided, however, that no outside kennels or dog runs shall be permitted when within 1,000 feet of a residential zone district. The planning commission will require enclosure by walls, fences, berms, shrubs or trees, pre-existing or newly planted, and may limit the type, area and height to sufficiently screen its effects or visibility from nearby streets and any adjacent uses.

5.

Outside kennels or dog runs are not allowed in the corridor overlay district.

6.

Off-street parking spaces, landscaping and buffers, and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

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

Sec. 17. - Short-term and seasonal businesses.

This section sets standards for short-term or seasonal businesses held in venues such as the Pelham Civic Complex, the Amphitheater, the National Guard Armory, Oak Mountain State Park, or other venues designed for lease or rental, and capable of handling the number of participants, vendors, parking, traffic, utilities, and public safety associated with certain events. No short-term or seasonal businesses, or structure, or part thereof, which is integral to short-term or seasonal businesses, shall be conducted without the issuance of a proper business license and the collection of all taxes applicable to the type of business. The following information is required by the City of Pelham:

1.

All short-term or seasonal business shall be located in a permanent building, in accordance with the requirements set forth in Article XXIV, section 14, each business to be located in permanent building.

2.

The number of participants may not exceed the maximum capacity of the venue location.

3.

Sufficient sanitary sewage facilities must be available on-site and be approved by the appropriate regulatory agency or authority.

4.

The sale of foods and beverages is subject to the applicable regulations and the approval of the Shelby County Health Department.

5.

The serving of alcoholic beverages shall not be permitted without a permit from both the Pelham City Council and the Alabama Beverage Control (ABC) Board.

6.

Off-street parking spaces and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

7.

Sufficient parking must be available on-site to accommodate all employee and customer parking needs, entirely outside of public rights-of-way. All vehicles must be parked in the designated paved parking spaces belonging to the facility hosting the event.

8.

The required parking spaces, maneuvering drive aisles, and pedestrian areas are not to be used in ways other than the intended designed uses for those areas.

9.

Sales from parked vehicles are prohibited.

10.

Permission of property owner. Where the vendor is not the property owner, the vendor shall provide the zoning official a written agreement signed by the property owner authorizing the temporary use of the property by the vendor for short-term or seasonal businesses.

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

Sec. 18. - Special events.

This section sets standards for special events, held in venues such as the Pelham Civic Complex, the Amphitheater, the National Guard Armory, Oak Mountain State Park, or other venues designed for lease or rental, and capable of handling the number of participants, vendors, parking, traffic, utilities, and public safety associated with certain events. No special events, or structure, or part thereof which is integral to special events shall be conducted without the written approval of the chief of police, the fire chief, and the public works director. The following information is required by the City of Pelham:

1.

A special event shall be classified as anything outside of the confines of the existing standard business license and zoning. A special event may include the selling of goods and/or services for-profit or not-for-profit or the public assembly for the promotion, endorsement, sponsorship, or support of a particular venture. In addition, a special event shall be any function that, in the opinion of the chief of police would create concern about the health and welfare of the general public or patrons and participants of the event, or place a significant additional burden on the provision of normal public safety services.

2.

In the interest of public safety, a special event shall not be conducted without the approval of the chief of police.

3.

Approval of a special event shall further require that the special event organizer/management hire public safety security in numbers to be determined by the chief of police and authorized under the requirements of section 12-2 of the Code of Ordinances of the City of Pelham, Alabama, or as otherwise required by the chief of police; and shall hire fire/emergency medical personnel in numbers as required by the fire chief, and shall provide and/or reimburse the city for all street department costs associated with providing extra services as a result of said special event, as determined by the public works director.

4.

All special events shall be located in a permanent building, in accordance with the requirements set forth in Article XXIV, section 14, each business to be located in permanent building.

5.

The number of participants may not exceed the maximum capacity of the venue location.

6.

Sufficient sanitary sewage facilities must be available on-site and be approved by the appropriate regulatory agency or authority.

7.

The sale of foods and beverages is subject to the applicable regulations and the approval of the Shelby County Health Department.

8.

The serving of alcoholic beverages shall not be permitted without a permit from both the Pelham City Council and the Alabama Beverage Control (ABC) Board.

9.

Off-street parking spaces and any signage shall be in accordance with the requirements for the applicable zoning district under which this detailed use is located.

10.

Sufficient parking must be available on-site to accommodate all employee and customer parking needs, entirely outside of public rights-of-way. All vehicles must be parked in the designated paved parking spaces belonging to the facility hosting the event.

11.

The required parking spaces, maneuvering drive aisles, and pedestrian areas are not to be used in ways other than the intended designed uses for those areas.

12.

Sales from parked vehicles are prohibited.

13.

Permission of property owner. Where the vendor is not the property owner, the vendor shall provide the zoning official a written agreement signed by the property owner authorizing the temporary use of the property by the vendor for special events.

14.

Businesses associated with the special event must purchase a current business license issued by the City of Pelham, pay all the applicable taxes, and meet all the requirements listed in items 1, 7, and 8 of this section.

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