Accessory Dwellings may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following:

7.01.01.

Permit Required. An Accessory Dwelling Permit is required for all accessory dwellings. Accessory dwellings may be maintained in perpetuity but only in compliance with these regulations. Any accessory dwelling permit will automatically expire whenever:

a.

Required off-street parking is no longer provided on the premises

b.

In any R-1 District, the permittee ceases to own or reside on the premises

7.01.02.

Because the R-1, R-1A and R-1B Districts are intended for single-family detached dwellings, an accessory dwelling may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the accessory dwelling remains subordinate to the principal dwelling.

7.01.03.

Area and Dimensional Requirements

a.

Accessory dwellings are permitted only on lots of at least 10,000 square feet If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each dwelling.

b.

Accessory dwellings must be set back from lot lines as required for the principal dwelling.

c.

The habitable floor area of an accessory dwelling must be at least 200 square feet but not more than 50 percent of the gross floor area of the principal dwelling or 1,000 square feet, whichever is more restrictive.

7.01.04.

Additional Requirements

a.

Separate water, sewer and gas utility meters are not permitted for accessory dwellings in R-1 Districts.

b.

No more than one accessory dwelling is permitted on the lot of a single-family detached dwelling.

c.

Accessory dwellings may not be used for short-term rental purposes in the R-1 Districts.

d.

One parking space, in addition to that required for the principal dwelling, must be provided.

e.

Accessory dwellings must comply with the Building Code and be installed on a permanent foundation.

f.

Accessory dwellings may not have separate vehicular access along the same street frontage as the principal dwelling.

g.

An accessory dwelling may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district.

h.

If an existing residential garage is converted to an accessory dwelling, off-street parking requirements for the principal dwelling and accessory dwelling must be met concurrently with the conversion.

Alternative Financial Services, including, but not limited to collateral loan/exchange, payday loan, title loan businesses and check cashing establishments, are recognized, particularly when several are concentrated in one area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, no alternative financial service may be permitted closer than 1,000 feet to an existing alternative financial service, as measured between nearest property lines.

7.03.01.

Amateur radio towers may not exceed 65 feet in height, may only be placed in the established rear yard and must be set back a distance equal to the height of the tower from all property lines. Additional height may be approved by the BOZA per §11.06 Special Exceptions.

7.03.02.

Within residential districts:

a.

Amateur radio towers are permitted on detached single-family residential lots but not on other residential lots.

b.

On nonresidential premises amateur radio towers must be approved by the BOZA per §11.06 Special Exceptions.

The following standards apply to Bed and Breakfast establishments in the MX-1 and residential districts only:

7.04.01.

Bed and Breakfasts are permitted only in detached, single-family dwellings and must be operated by the owner and resident of the dwelling.

7.04.02.

Bed and breakfasts may provide lodging for not more than 14 consecutive days and may contain no more than four guest rooms.

7.04.03.

In the absence of appropriate licensing and/or approvals from the Health Department and Building Official, meals provided to guests may not be cooked on-premises and are limited to fresh, uncooked and pre-prepared foods. Guest rooms may not contain cooking facilities and do not constitute separate dwelling units.

7.04.04.

One parking space must be provided for each guest room, in addition to the spaces required for the dwelling. Recreational vehicle parking is prohibited except on lots one acre or larger in size. If permitted, recreational vehicle parking must be located away from view from public rights-of-way and from neighboring properties to the maximum extent practicable. Recreational vehicles may not be used for overnight lodging.

7.05.01.

Cemeteries must have direct access to public streets with ingress and egress designed to minimize traffic congestion

7.05.02.

Cemeteries, other than those accessory to a place of worship, must be located on a site of not less than ten acres in area.

7.06.01.

Intent.

a.

To provide flexibility to accommodate development on lands constrained by natural hazards that may limit the amount or type of development.

b.

To promote the creation of accessible green space.

c.

To protect sensitive, environmental land features to promote the public health and safety.

d.

To reduce erosion, sedimentation, land disturbance, and removal of vegetation.

e.

To promote development of walking and bicycling facilities and greenways within new developments that can be connected to adjacent neighborhoods and activity centers.

f.

To reduce perceived density by providing access to and views of open space.

7.06.02.

Applicability. The Conservation Subdivision option is available for single-family detached residential development of sites containing at least five acres. If held in multiple ownership, the site must be developed according to a single plan with common authority and maintenance responsibility.

7.06.03.

Density Determination.

a.

The maximum number of lots is determined by dividing the total area of the proposed subdivision tract by the following, whichever is more restrictive:

1.

Five thousand square feet.

2.

The minimum lot size for detached single-family dwellings in the applicable district.

3.

Lot requirements of the County Health Department if the development will not be connected to public sewer.

b.

In making this calculation, bodies of open water over 5,000 square feet of contiguous area may not be included in the total area of the tract.

c.

The minimum total area for front, rear and side yards is two and one-half times the ground floor area of the dwelling unit. Separation between dwellings must be at least 14 feet as measured between nearest points of exterior walls.

7.06.04.

Application Requirements. Refer to Appendix A-5 for specific requirements.

a.

Site Analysis Map. The applicant must prepare and submit a Site Analysis Map with the preliminary plat. The purpose of the Site Analysis Map is to ensure that important site features have been identified prior to the creation of the site design and that the proposed open space will meet the requirements herein.

b.

Conservation Subdivision Plan. As part of the preliminary plat, the applicant must prepare a Conservation Subdivision Plan yielding no more lots than identified under §7.06.03 Density Determination. The Conservation Subdivision Plan must identify open spaces to be protected and include an open space management plan, all of which must be submitted and approved by the Planning Commission prior to the issuance of a grading permit.

7.06.05.

Open Space Standards. For the purposes of this Section, "open space" is defined as the portion of a Conservation Subdivision that has been set aside for permanent protection.

a.

General Standards.

1.

At least 25 percent of the total area of the tract must be maintained as open space.

2.

The following priority conservation areas must be included within the open space, unless the applicant demonstrates that this would constitute an unusual hardship and be counter to the purposes of the Conservation Subdivision:

i.

Floodway and any Zone A.

ii.

One hundred-year floodplain.

iii.

Riparian zones of at least 75 feet total width along all perennial streams.

iv.

Slopes above 25 percent of at least 10,000 square feet contiguous area.

v.

Delineated wetlands.

vi.

Archaeological sites, cemeteries and burial grounds.

3.

The following are considered secondary conservation areas and should be included within the open space to the maximum extent feasible:

i.

Historic sites.

ii.

Existing trails that connect the site to neighboring areas.

iii.

Existing healthy, native forests of at least one-acre contiguous area.

iv.

Other significant natural features and scenic viewsheds, particularly those that can be seen from public roads.

4.

Utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 25 percent minimum area requirement (exception: Historic structures and existing trails may be counted). Large areas of impervious surface, such as portions of streets, parking and loading areas, are not counted toward the open space requirements.

5.

At least 25 percent of the open space must be suitable for passive recreational use.

6.

At least 50 percent of the open space must be in a contiguous tract, which may be divided by a local street whose area is excluded from the open space. The layout of open space should allow connection to neighboring areas of open space.

7.

To the extent practicable, the open space should be accessible to the largest number of lots and/or buildings within the site. Nonadjoining lots must be provided with access to the open space through sidewalks or off-street walkways.

b.

Permitted Uses of Open Space.

1.

Conservation of natural, archeological and historical resources.

2.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, and similar conservation-oriented areas.

3.

Agricultural and forestry activities may only be permitted when conducted according to best management practices.

4.

Passive recreation areas, walking, bicycle and similar trails.

5.

Active recreation areas, if they are limited to no more than 20 percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces necessary to the recreational activity, excluding vehicular ways and parking and loading areas.

6.

Landscaped stormwater management facilities, community and individual wastewater disposal systems. Such facilities must be located outside of primary conservation areas.

7.

Easements for drainage, access, and underground utility lines.

8.

Other conservation-oriented uses compatible with the purposes of this Section.

c.

Prohibited Uses of Open Space.

1.

Golf courses.

2.

Streets, parking and loading areas and similar impervious surfaces, except as specifically authorized in the preceding subsections (a) and (b).

3.

Other activities as may be established by the applicant and recorded on the legal instrument for permanent protection.

7.06.06.

Ownership, Management and Protection of Open Space. An instrument of permanent protection in accordance with the following must be placed on the open space prior to issuance of a grading permit.

a.

Responsibility for management of open spaces must be established in accordance with §3.08 Common Open Spaces and Facilities.

b.

The open space must be protected in perpetuity by one of the following binding legal instruments, which must be recorded with the deed and include clear restrictions on use of the open space in accordance with this Section:

1.

A permanent conservation easement in favor of either:

i.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

ii.

A governmental entity with an interest in pursuing goals compatible with the purposes of this Subsection, and if the entity accepting the easement is not the City, then a third right of enforcement favoring the City must be included in the easement.

2.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

3.

An equivalent legal tool that provides permanent protection, as approved by the City Attorney.

7.07.01.

General Standards.

a.

Cottage Developments are permitted only on sites served by public water and sewer services.

b.

Cottage Developments may be subdivisions, in condominium form or a combination.

c.

The number of allowable dwellings is determined by dividing the total tract size by the minimum lot size prescribed for detached single-family dwellings in the applicable district. Any fraction is rounded down to the nearest whole number. In no case may the number of units be less than four nor more than 12.

d.

Not all lots are required to have street frontage, subject to the following:

1.

Each lot must front on and have a main entry facing the Common Open Space, except those lots, nearest the fronting street, may front on the street or Common Open Space.

2.

The rear of dwellings may not face toward a street, except in the case of a double-frontage tract, the rear of cottage lots may be oriented toward the street of higher classification.

3.

Lots must be readily accessible for fire suppression purposes as determined by the Fire Chief or their designee during subdivision plat review.

7.07.02.

Area and Dimensional Requirements

a.

The minimum lot size, lot width and side yard setback prescribed for detached single-family dwellings in the applicable district do not apply, except in determining the number of allowable dwellings (§7.07.01(c)). Spacing between cottage dwellings must be at least ten feet, which may include zero-lot line arrangements.

b.

Minimum Common Open Space: Two hundred fifty square feet per unit and not less than 40 feet in width at any point.

c.

Permitted Total Floor Area per Dwelling:

1.

One-Story units: No more than 1,000 square feet.

2.

One and one-half and Two-Story units: No more than 1,400 square feet.

d.

Maximum Height: Two stories.

e.

Minimum Building Setbacks.

1.

Dwellings must be set back at least 20 feet from the exterior lot lines of the overall development and must observe the front yard setback for the district along all street frontages.

2.

No setback is required between a dwelling and the common open space; however, no portion of a building may encroach into or over the common open space.

7.07.03.

Ownership and Management of Common Areas. See §3.08 Common Open Spaces and Facilities.

7.07.04.

Parking. Parking must be provided as required for detached single-family dwellings and may be clustered together or provided individually at the rear of each home. Clustered parking areas must be screened from the common open space and from streets and adjacent residential uses.

7.08.01.

Family Day Care, Group Day Care and Nighttime Homes must, at all times, be licensed by and operated in accordance with the requirements of the Alabama Department of Human Resources.

7.08.02.

Outdoor play areas are limited to the established rear yard.

7.08.03.

Family Day Care Homes may be permitted only on lots with an area of at least 7,500 square feet and with an established rear yard of at least 1,500 square feet.

7.08.04.

Group Day Care Homes may be permitted only on lots with an area of at least 9,000 square feet and with an established rear yard of at least 2,500 square feet.

7.08.05.

Nighttime Homes may be permitted only on lots with an area of at least 7,500 square feet.

7.09.01.

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

7.09.02.

The home occupation must clearly be secondary and incidental to the use of the dwelling as a residence. No more than 25 percent of total heated and ventilated floor area, up to a maximum of 500 square feet, may be devoted to the home occupation.

7.09.03.

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

7.09.04.

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

7.09.05.

There may be no outside display or storage of materials, goods, supplies, or equipment used in the home occupation. Signage is limited to that permitted under Article 9 Sign Regulations.

7.09.06.

Home instruction is limited to four students at a time, except in the case of musical instruction, which is limited to two students at a time.

7.09.07.

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

7.09.08.

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

7.09.09.

Any person desiring to operate a home occupation must submit an application to the Building Official. For existing home occupations that have not previously received zoning approval, an application must be submitted to the Building Official for approval before the associated business license may be renewed. The applicant must present evidence of ownership of the property in question or a signed, notarized letter from the owner authorizing the application. The Building Official must notify the applicant of approval or disapproval within ten days of receiving a complete application.

7.09.10.

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

7.09.11.

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

7.10.01.

No junkyard may be located closer than 300 feet to an established residential district nor the C-1 District.

7.10.02.

All outdoor storage of salvage and wrecking operations must be completely screened in accordance with §10.03 Screening.

7.10.03.

The storage of wrecked automobile, junk, or salvaged materials may not exceed six feet in height.

7.11.01.

General Standards.

a.

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

b.

The following accessory uses are allowed:

1.

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

c.

All home stands must front on interior streets, which must be of a width, design and layout in accordance with the Fire Code.

d.

Street lighting must be provided throughout the park with lighting spaced and equipped with luminaires of a height to provide an average luminance of four lumens per square meter reaching the ground surface, and the luminance ratio must be set at a maximum of six to one. Lights must be directed downward or otherwise shielded.

e.

Storage areas for boats, recreational vehicles, and other types of vehicles that exceed 30 feet in length must be screened from view off the premises. Storage of such vehicles is not allowed on home stands or on the interior streets in the park.

f.

Utilities must be provided in accordance with the requirements of the applicable utility provider.

7.11.02.

Home Stands. The following standards apply to portions of manufactured home parks containing manufactured home stands:

a.

Each manufactured home stand must be at least 5,000 square feet in area and have a width of at least 50 feet.

b.

The front, rear and side yards for each home stand must be at least ten feet in depth. No manufactured home and its accessory building may cover more than 50 percent of the total area of the home stand.

c.

Each home stand must have at least two parking spaces maintained with an all-weather wearing surface such as asphalt and concrete. All off-street parking spaces must have access to an interior roadway within the park. No direct access is allowed between home stands and any street outside of the manufactured home park.

d.

All homes must have skirting installed between the base of the structure and the ground. Skirting must be made of concrete block, wood, vinyl, or other approved materials. Any opening in the skirting may not be larger than two inches square.

e.

All homes must be blocked and tied down in conformance with §24-5-32, Code of Alabama, 1975, as amended.

f.

Home stands must be clearly staked or otherwise identified and have a permanent marker giving a number and/or letter of a minimum height of three inches so that they may easily be read from the interior street. All individual utility meters must be numbered for identification by service personnel.

7.11.03.

Nonconforming provisions.

a.

Existing manufactured home parks, which do not conform to the use regulations of the applicable district, may not be expanded in area or modified. However, the BOZA may allow, through approval of a Special Exception, modification of the lot or design of the park if such modification reduces the nonconformity.

b.

The nonconforming use status of a manufactured home park extends to each manufactured home within the park. Therefore, in accordance with §3.11 Nonconformities, manufactured homes may not be replaced and are subject to the following provisions:

1.

When a nonconforming manufactured home is vacant for three consecutive months, or a total of nine months in any two-year period, the manufactured home must be removed from the premises and may not be replaced.

2.

When a manufactured home is moved from its site, damaged by fire or other causes to the extent of more than 50 percent of its current replacement value at the time of such damage, it may not be replaced nor repaired.

3.

The utilities to any manufactured home will be disconnected upon noncompliance with this §7.11.03.

c.

The certificate of occupancy for a manufactured home park may be revoked if there is a violation of any of the provisions of this §7.11. The holder of said certificate of occupancy may, after complying with such revocation, appeal to the city council to have said certificate reinstated.

7.12.01.

No storage space may be used as a dwelling or for conducting a business of any kind. This does not preclude periodic auctions by the owner of the facility to dispose of abandoned items.

7.12.02.

No storage of volatile, toxic or explosive materials is permitted, either inside the structure or on the premises.

7.12.03.

Any outdoor storage must be screened from public view and from adjoining properties as required in §10.03 Screening.

7.13.01.

Multifamily developments with buildings containing five or more dwelling units require Development Plan approval and are subject to the following standards to assure that the layout of buildings, open spaces, circulation, drainage and infrastructure is in harmony with the equivalent standards of the City Subdivision Regulations.

7.13.02.

Site Development Standards.

a.

The arrangement of buildings, open spaces, parking areas and drives must be suitable to existing topography to avoid extensive grading.

b.

Buildings must be spaced no less than the sum of their lengths divided by three ((A+B)/3), or 90 feet whichever is less (see Figure 7-1). In no case may buildings be placed closer together than 20 feet. Building spacing is measured perpendicularly from the longer of the two building walls at the closest point between them.

Figure 7-1: Minimum Building Spacing

c.

Multifamily buildings may not be surrounded on all sides by parking and driveways. On at least one side of each multifamily building, there must be an open space of at least 40 feet in depth, another building or the property boundary.

d.

Parking and Driveways.

1.

Common and individual garages, if provided, must be oriented so that the garage doors do not face public street views.

2.

Boats and recreational vehicles may not encroach into required parking and may not be kept forward of the front building line.

3.

The number and location of access points to a public street must comply with the Building Code.

e.

Open Space. For the purposes of this Section, "improved open space" means open space created or modified for resident use, including, but not limited to parks, playgrounds, swimming pools, ball fields, plazas, and landscaped common areas.

1.

At least 20 percent of the site must be permanently reserved as open space. All common open spaces and recreational areas must be well maintained in a safe and orderly condition.

2.

At least 50 percent of the required open space must be improved and maintained as open space for the use of residents and guests. Improved open spaces should be consolidated into one or a few central locations to assure accessibility and usability and must be oriented to receive adequate sunlight.

3.

Required setback and buffer areas do not count toward open space requirements. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15 feet. Gazebos, pavilions and similar open structures for the use of residents are permitted in improved open spaces.

4.

Improved open space must be graded and sodded, at a minimum, to accommodate use by residents, and must be adequately drained to prevent ponding.

f.

Stormwater Management. Stormwater retention or detention facilities should be integrated into the design of parking areas and open spaces as landscape amenities. Stormwater facilities located within an open space may be counted as improved open space if designed so that it need not be fenced and is appropriately landscaped as an amenity.

g.

Waste Collection, Service and Loading Areas. Each development must be provided with service areas for waste collection. Each such area must be located away from public views but accessible to residents and to vehicles for collection purposes. Each such area must be paved with concrete.

h.

Fire Protection.

1.

No portion of any building may be located farther from a fire hydrant than may be reached with 500 feet of hose.

2.

Every multifamily building must be accessible to fire trucks and equipment as approved by the Fire Chief or their designee.

i.

Pedestrian Access Standards.

1.

Walkways must connect the pedestrian circulation system to adjacent public streets.

2.

If not already provided, a publicly accessible sidewalk at least five feet wide must be provided along all public street frontages and within the right-of-way.

3.

Walkways must connect the main entrances of all buildings. For buildings fronting on a public street, a public sidewalk may be counted toward this standard. Walkways must be provided that connect building entrances to parking areas and common areas and facilities.

4.

Walkways must be provided to connect to any public trails or similar bicycle-pedestrian facilities adjoining the site.

j.

Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a Traffic Engineer, may be required as part of development plan review. In such cases the study must be prepared in accordance with generally accepted standards for traffic studies and must show the effect that traffic generated will have on the area adjacent to and near the site. The study must make recommendations with respect to what additional traffic controls will be needed adjacent to or near the site. The developer must pay the cost of any such signals and/or devices if required as part of the development plan approval.

7.14.01.

General Requirements.

a.

A business license is required for all recreational vehicle parks and campgrounds. Proof of commercial general liability insurance must be provided with the business license application.

b.

Owners of recreational vehicle parks and campgrounds are responsible for payment of all applicable lodging taxes.

7.14.02.

Park and Campground Standards.

a.

Minimum tract size: Three acres.

b.

Minimum street frontage: Sixty feet.

c.

All structures, camp sites and RV spaces must be set back at least 35 feet from all property lines.

d.

No recreational vehicle may be occupied by a person or family for more than two consecutive weeks.

e.

Perimeter and frontage landscaping must be provided on all sides of a recreational vehicle park as required for parking lots in §10.04 Vehicular Area Landscaping.

f.

At least 5,000 square feet for the first 20 RV spaces plus 150 square feet for each additional RV space must be provided for recreational use of park occupants.

7.14.03.

Standards for RV Spaces.

a.

Each RV space must be at least 500 square feet in area. Spaces for nonmotorized recreational vehicles must be large enough for the RV and the passenger vehicle pulling it unless parking is provided for the passenger vehicle elsewhere on site.

b.

Only one recreational vehicle may be located in each RV space.

c.

Spaces must be designed to provide at least 20 feet separation between RVs in adjoining spaces.

7.14.04.

Parking and Access.

a.

At least one parking space must be provided for each camp site plus one parking space per employee. One visitor parking space must be provided per six RV spaces. Parking spaces are not required to be paved but must be graded and surfaced as approved by the City Engineer.

b.

All RV spaces and all parking, sanitary, recreation and other common facilities must be accessed from an internal vehicular drive designed to accommodate recreational vehicles.

c.

Vehicular drives must be maintained by the park owner or operator and open for access at all times to emergency vehicles.

d.

Vehicular drives must be surfaced with asphalt, crushed rock or other suitable, dustless material and of a width as approved by the City Engineer and the Fire Department.

7.14.05.

Lighting. All vehicular drives and walkways providing access to restrooms, campground office and other common facilities must be adequately lighted for safety.

7.14.06.

Sanitation.

a.

The following facilities must be provided, at a minimum, two shower facilities and a washer and dryer for the use of park occupants. In addition, two toilets and lavatories must be provided for each 15 camp sites and RV spaces or fraction thereof not provided with water and sewer connections.

b.

For any RV spaces not provided with drain inlets for discharge of toilets, dump stations designed to receive discharge of sewage holding tanks must be provided. Such stations must be set back at least 100 feet from all camp sites and RV spaces.

c.

Two-cubic yard or larger waste containers must be located within 300 feet of every RV space. Alternatively, the Building Official may approve the use of individual waste containers for each RV space provided the park operator provides for regular waste pickup from RV spaces.

d.

Dump stations and two-cubic yard and larger waste containers may not be closer than 30 feet to any property line and must be screened in accordance with §10.03 Screening.

7.15.01.

Recycling Centers.

a.

Recycling centers must be operated from a permanent building located on the premises.

b.

Receptacles must be located behind the front building line to the extent practicable. Any receptacles and any outdoor storage or collection of recyclables that are located forward of the front building line must be screened in accordance with §10.03 Screening except as needed for access for loading and unloading of recyclables.

c.

All recyclables must be within a receptacle or otherwise stored out of public view whenever the recycling center is closed. The center must be designed and managed so that any after-hours drop-off of recyclables, if permitted, does not result in accumulation of recyclable materials in areas visible to the public. If after-hours drop-off of recyclables is not permitted, the operator must secure the premises when closed.

7.15.02.

Recycling Plants. Outdoor areas for the collection, processing and storage of recyclables must be screened from street views and from any adjoining property, excluding those zoned M-1 or M-2. See §10.03 Screening.

7.15.03.

Donation Bins.

a.

Donation Bins are permitted as an accessory use on nonresidential premises only and may only be placed with permission of the property owner.

b.

Location of donation bins must be approved by the Building Official before being placed on-premises. Contact information for the owner or sponsor of the donation bin and the individual responsible for collection must be provided to the Building Official and displayed on the bin. This includes name, address, telephone number and email address. The owner, sponsor or individual responsible for collection must be able to respond within 48 hours of notice by the City. Should the responsible individual or their contact information change, this must be provided to the Building Official within five working days.

c.

Donation Bins may not encroach on any required parking, loading or landscaping and may not interfere with vehicular circulation on or off the premises.

d.

Donated goods must be collected regularly so as not to allow accumulation of goods outside of containers. All donated goods accumulating outside of containers must be collected within 48 hours of notice by the City.

The following regulations apply to short-term rental of dwellings where permitted.

7.16.01.

Licensing. The property owner must have a valid Short-Term Rental License from the City before a property can be advertised or operated for short-term rental. An individual license and Certificate of Occupancy must be obtained for each STR property.

a.

The property owner must provide with the STR License application the name and telephone number of an emergency contact that will respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must be able to respond on-site within 24 hours if requested by the City. The emergency contact must answer calls 24 hours a day, seven days a week for the duration of each short-term rental period. Prior to any change to the emergency contact, the owner must submit the revised contact information to the Building Official.

b.

Insurance. All STR licensees must obtain and maintain vacation rental property insurance that covers the commercial lodging use of the site. Proof of insurance must be provided within 30 days of approval of the STR License. Proof of insurance must be resubmitted each year for renewal of the STR License.

c.

Notice. Each owner must, upon approval of an STR License, provide proof of notice to the Building Official that all owners or property within a radius of 500 feet of the STR property, according to the most recent record of the County Tax Assessor, that said property owners have been notified in-person or by certified mail the following information regarding the approved STR:

1.

The names of the owner and emergency contact (if not the owner), including telephone numbers.

2.

The City's Code Enforcement telephone number by which members of the public may report violations.

3.

The maximum number of renters permitted to stay in the unit.

4.

The maximum number of vehicles allowed to be parked at the property.

d.

Taxation. The licensee is responsible for collecting and reporting taxes from any rental arrangement that is not subject to an established collection agreement with the City.

7.16.02.

Standards.

a.

The dwelling may only be rented for lodging use. It may not be rented for weddings, parties, concerts or similar events or used for such events during any short-term rental period.

b.

Food provided to rental guests by the licensee must be in accordance with the rules and regulations of the Alabama Department of Public Health.

c.

The Building Official, Fire and Police Departments may inspect the dwelling to verify information submitted with the STR License application as necessary to determine conformance with the following:

1.

Occupancy.

i.

The dwelling may not be simultaneously rented to more guest parties nor occupied by more persons than established in the approved STR License. Occupancy is limited to the most restrictive of the following:

a)

No more than two persons per bedroom plus two persons.

b)

No more than four persons per parking space.

ii.

The number of bedrooms and parking spaces are determined by the Building Official as part of the STR License. The owner must, by written agreement with the renter, limit overnight occupancy of the STR to the maximum occupancy approved with the STR license.

2.

The dwelling and its operation as a short-term rental must comply with all applicable City regulations including, but not limited to the Building Code, Noise Ordinance, on-street parking and garbage collection and disposal regulations.

3.

There must be adequate off-street parking to accommodate all guest parking needs.

4.

A five-pound ABC type fire extinguisher, type 2A10BC per National Fire Protection Association ten must be provided within the dwelling or portion thereof used for short-term rental. Interconnected smoke alarms must be located in all bedrooms and adjoining hallways.

d.

A copy of the STR license, emergency contact information and house rules that comply with this Section must be posted in a conspicuous place in the dwelling.

e.

Upon notification that a renter or a renter's guest has violated any provisions of this Section or any noise, garbage, or other applicable provision of the City Code, the owner or emergency contact must promptly notify the renter of the violation and take such action as is necessary to prevent a recurrence.

7.16.03.

Violations. If, after investigation, the Building Official determines that any provisions of this Section have been violated, the Building Official will notify the owner in writing stating the provisions violated, necessary corrective action, and a compliance due date, as applicable.

a.

Fines. In addition to the other remedies set out herein, violations will be subject to fines as follows:

1.

Violation warning. The Building Official may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this Section.

2.

First violation. The first time a person is found to have violated one of the provisions of this Section, the person is subject to a fine of $150.00.

3.

Second and subsequent violations. Any second or subsequent time a person is found to have violated the provisions of this Section, the person will be subject to a fine of $500.00 for each subsequent violation.

b.

If a violation of building, fire safety or property maintenance regulations has not been corrected by the compliance date, the Building Official or Fire Official may cause the STR License to be temporarily suspended. When the violation has been corrected, the license is re-instated for the remainder of its current approval period. The Building Official may approve an extension of the compliance date if substantial progress toward compliance has been made and provided that the public will not be adversely affected by the extension.

c.

Recurring violations. When noise, occupancy, parking or other violations concerning the conduct of the STR or its renters or their guests are found to have occurred during more than one rental period in the same license year or within any six-month period, the Building Official will request a hearing before the Council. Following a public hearing on the matter, the Council may revoke the STR License for the remainder of its current approval period and suspend the ability of the owner to renew the license for an additional year. No STR License may be renewed unless all outstanding penalties assessed against the licensee are paid in full to the City.

7.17.01.

No tattoo parlor may be located closer than 500 feet to another tattoo parlor, as measured between the nearest property lines.

7.18.01.

Required Approvals. No party may construct a tower or tower compound until after Special Exception or Conditional Use approval, if required, and a Building Permit have been granted. The installation of an antenna on an existing tower is subject only to approval of the Building Official unless the tower compound is to be enlarged or there is a change in the size or location of the existing tower.

7.18.02.

Applicability. All communications facilities constructed or installed after the effective date of this Ordinance and any changes or additions to any tower or antenna existing before the effective date of this Ordinance are subject to this Section. A tower proposed to be built on a co-location site is subject to the same requirements and conditions as all other towers. Routine maintenance of, and repairs to, the communication facilities, may be performed without City approval, though a permit may be required if applicable to the nature of the maintenance or repair activity.

7.18.03.

Public hearing. A public hearing will be held for any application involving the construction of a new tower, enlargement of a tower compound, or any change in the size of location of an existing tower in those districts in which approval of a Special Exception (§11.06 Special Exceptions) or Conditional Use (§12.06 Conditional Uses) is required.

7.18.04.

Co-location. A new tower may not be constructed if space is available, on an economically reasonable basis, on an existing tower which is able to support the proposed antenna. An affidavit that reasonable effort has been made by the applicant to locate the proposed antenna on an existing tower must be submitted with the application for the construction of a new tower. Each new tower must be designed to accommodate additional antennae to the fullest extent practicable.

7.18.05.

Review Criteria. In considering whether to permit communication facilities, the approving authority will consider the following public health, safety, and general welfare criteria:

a.

Towers must comply with wind-load and other structural standards of applicable building and technical codes, and the electronic industries associations code.

b.

To the extent practicable, towers and tower compounds must be designed, through the use of building materials, colors, textures, screening and landscaping, so that their appearance is compatible with their surroundings.

c.

All communication facilities must comply with all applicable rules, regulations and requirements of the governmental agencies having jurisdiction over them. The approving authority may require the applicant provide evidence of such compliance.

7.18.06.

Development Criteria. The approving authority may waive any one or more of the following requirements if the circumstances in the particular case justify such waiver.

a.

All towers must receive FAA approval and comply with height restrictions when in flight path of aircraft associated with an airport or air field.

b.

All towers must be monopoles.

c.

Each tower compound must be large enough to provide room for a structure to contain the equipment for at least one additional antenna.

d.

No tower may be closer than 200 feet to the boundary line of any residential property. If the land on which a tower compound is located, and all land which adjoins the tower compound, is in a nonresidential zoning district, the tower may not be closer than 50 feet to the nearest property line. These setbacks may be reduced in exceptional cases where, due to unusual topographic conditions, the enforcement of the setback requirements would result in unnecessary hardship; provided that the setback may not be reduced to less than the minimum setback required in the applicable district and that the reduction of the setback requirements may not be contrary to the health, safety and general welfare of the public.

e.

Material finishes and colors should be used that reduce the visibility of the tower.

f.

No signs may be attached to or depicted on a tower at a height more than 20 feet above grade level.

g.

Towers may not be illuminated except for warning beacons and as provided herein. Lights for security and maintenance purposes may be installed on structures which contain equipment. Such light must be pointed downward from a height of not more than ten feet and may not exceed a maximum of 150 watts.

h.

Each tower compound must be secured by a dark colored, vinyl-coated or galvanized steel chain link security fence or masonry wall or combination thereof, at least eight feet in height.

i.

All tower compounds must be surrounded by landscaping to screen the view of the tower compound from adjacent public ways and residential property, which must consist of a landscaped strip, at least four feet in depth, located outside of the security fence and planted with a combination of trees, shrubs, vines, and/or ground covers. All fences, walls and landscaping must be kept in good condition. In isolated, nonresidential areas, alternative landscaping methods may be permitted on the condition that if the areas surrounding such tower compound become developed, the City may require the owner of the tower compound to comply with the requirements herein.

j.

Existing mature tree growth and natural landforms must be preserved to the maximum extent practicable. In some cases, such as tower compounds located on large, wooded lots, preservation of natural growth around the tower compound may be considered by the approving authority in determining buffer requirements.

k.

A parking area and driveway of asphalt, concrete or other all-weather surface approved by the Building Official must be provided for each tower compound for service access and for access by emergency services.

7.18.07.

Removal of Unused Towers.

a.

Any tower which is no longer in use for its permitted purpose must be removed at the owner's expense. Within ten working days of sending notice to the FCC of the intent of the owner to cease use of the tower, the owner must provide the Building Official with such notice. The owner must remove the tower and all communication facilities used in connection with it within 180 calendar days from the day the tower ceases to be used or as required by the FCC. If the owner does not remove the tower from the tower compound within the required time period, the property owner, if different from the tower owner, must remove it within 180 calendar days of receiving written notice from the City. If the tower is not removed within the time prescribed, the City may remove the tower and may recover the cost of doing so from the tower owner and/or the property owner.

b.

A shared tower may continue provided it is in use by at least one party. Any party who ceases to use a shared tower must remove its antenna from the tower and its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or as prescribed by the FCC, so that the tower and compound will be available for use by another party.

7.18.08.

Application. Applications to construct a new tower or to install an antenna or additional equipment on an existing tower compound, must include the following:

a.

Name and address of the party responsible for maintenance and repair of the communication facilities. If a different person becomes responsible for maintenance and repair, the owner of the tower must give the City written notice of the person's name and address.

b.

Names and addresses of all owners of property adjoining the subject property.

c.

A written statement concerning the steps the applicant has taken to comply with all applicable rules, regulations, and requirements concerning health and safety matters related to the proposed communication facilities.

d.

A site plan scaled to not less than one-inch equals 50 feet, showing the location and dimensions of the subject property, setback lines, driveways, parking areas, fencing, landscaping, and generators and the location, size and type of any fuel tanks. The site plan must also show:

1.

All parcels located within 500 feet of the tower compound.

2.

Zoning classification of the property and of all parcels adjoining the subject property, including any in an adjoining municipality.

3.

The latitude, longitude, section, township, range, tax parcel identification number, street address and the site identification number of the proposed tower compound.

4.

Such other information as may be required by the approving authority to determine compliance with this Section.

e.

Elevation views. A silhouette and elevation view of the proposed or existing tower, as applicable, all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any fencing or walls. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines.

f.

Frequency band and wattage. The frequency band and maximum wattage of proposed communication facilities.

g.

The estimated life of the communications facilities.

h.

Affidavit. An affidavit of the applicant stating that: 1) there is no existing tower from which the area to be served from the proposed new tower can be served; or 2) the applicant has made good faith efforts to have its antenna installed on an existing or proposed tower (from which the area proposed to be served by the new tower could be served) and has been unable to do so and giving a written narrative of the efforts made to use such existing or proposed tower.

i.

Certification of Shared Use Design. If the tower to be used is one on which there is already one or more antennae, the application must be accompanied by a certification by an engineer that the tower is able to accommodate the proposed antenna in a safe and functional manner.

7.18.09.

Foundation Survey, As-Built Certification. After the foundation for a tower is poured, a foundation survey, prepared by a surveyor, showing the location of the foundation, must be furnished to the Building Official, and no further work may be done with respect to the construction of the tower until the Building Official has approved the foundation. Upon completion of work, the tower and antenna or the antenna, as the case may be, may not be put into operation until a qualified engineer furnishes the City written certification that such construction or installation was completed in accordance with the plans approved by the city.

7.19.01.

General requirements.

a.

At least three but no more than eight townhouses may be contiguous.

b.

Each townhouse must be on its own lot, unless developed in a condominium arrangement.

c.

At least ten percent of the overall development site must be reserved and improved as one or more common open spaces, each of which must be at least 40 feet in their least dimension.

d.

Each townhouse must have its own yard, containing not less than 500 square feet, separated and screened from view from streets and from neighboring property.

7.19.02.

Waste collection and resident access to any common waste collection facilities must be properly integrated into the development plan. Common waste collection receptacles may not be located forward of the front building line. Individual waste receptacles may not be stored in front of dwellings unless screening is provided as approved by the Building Official.

7.19.03.

Ownership and Management of Common Areas. See §3.08 Common Open Spaces and Facilities.

7.19.04.

Maintenance easements must be provided along shared lot lines of contiguous townhouses. Other access easements may also be required based on the site arrangement.

7.19.05.

Parking.

a.

Off-street parking may be placed on individual lots or grouped within one or more common parking areas to the side or rear of the dwellings.

b.

Driveways and parking spaces, if permitted forward of the front building line, may not occupy more than 50 percent of the required front yard of a townhouse dwelling. Front-loaded garages are limited to one bay. That portion of the façade containing garage doors may not extend closer to the front lot line than any other part of the front façade.