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 permitted use will automatically expire whenever:

1.

The accessory dwelling is altered to the extent it no longer conforms to the plans approved by the City.

2.

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

3.

The permittee ceases to own or reside on the premises (applies to R-1, R-2 and FAR Districts only).

§ 7.01.02 Limitation in R-1, R-2 and FAR Districts. Because the R-1, R-2 and FAR 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. Accessory dwellings are permitted only on lots of at least 7,500 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings.

1.

Accessory dwellings must be set back from lot lines as required in § 4.01.03 Additional Regulations. If detached from the principal dwelling, the accessory dwelling must be set back at least ten feet from the principal dwelling.

2.

The habitable floor area of an accessory dwelling must be at least 200 square feet but not more than 50% of the gross floor area of the principal dwelling or 1,000 square feet, whichever is more restrictive. If detached, accessory dwellings are also subject to the cumulative area permitted for accessory structures.

3.

Detached accessory dwellings may not be located closer to any front lot line than the principal dwelling.

§ 7.01.04 Additional Requirements.

1.

Separate utility meters are not permitted for Accessory Dwellings.

2.

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

3.

Accessory dwellings may have a separate 911 address for emergency purposes. If a separate mailbox is used for the accessory dwelling, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations.

4.

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

5.

Accessory dwellings must comply with the Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style.

6.

Accessory dwellings may not have separate vehicular access from the street. If the lot abuts an alley, access to the accessory dwelling may be from the alley regardless of whether the principal dwelling has access from the alley.

7.

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.

8.

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.

§ 7.01.05 Submittal requirements:

1.

A scaled site drawing showing all existing structures and proposed structure if any;

2.

An elevation drawing showing the proposed height of the structure;

3.

A rendering showing exterior materials and colors and/or samples of the same;

4.

A scaled foundation and interior floor plan/

(Ord. No. 2022-008, 3-15-2022)

Because of their very nature, Adult Entertainment businesses are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 feet of each other or a tattoo parlor, as measured between the nearest property lines. Nor may an adult entertainment use be located closer than 500 feet to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; place of assembly; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted adult entertainment use to become nonconforming.

(Ord. No. 2022-008, 3-15-2022)

Because of their very nature, 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 a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 feet of each other, as measured between the nearest property lines. Nor may any such use be located closer than 500 feet to the nearest boundary of any residential district, as measured from the nearest property line of the proposed Alternative Financial Service.

(Ord. No. 2022-008, 3-15-2022)

§ 7.04.01 Amateur radio towers may not exceed 65 feet in height, may be placed in the established rear yard only 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 Board of Adjustment per § 12.03 Special Exceptions.

§ 7.04.02 Within residential districts:

1.

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

2.

On nonresidential premises amateur radio towers may be approved by the Board of Adjustment per § 12.03 Special Exceptions.

(Ord. No. 2022-008, 3-15-2022)

§ 7.05.01 Bars and nightclubs may not be located closer than 100 feet to any Residential District as measured from the public entrance of the bar or nightclub property. This requirement does not apply in the Downtown Overlay District.

§ 7.05.02 For any establishment with an approved occupancy load of 200 or more, security personnel must be provided at the main entrances and exits whenever the establishment is open for business.

§ 7.05.03 For establishments offering live music or other entertainment, a vestibule may be required to mitigate noise impacts.

§ 7.05.04 The exterior of the premises must be free of any waste or litter generated by the establishment, by 7:00 a.m. following each night of operations.

(Ord. No. 2022-008, 3-15-2022)

The following standards apply to Bed and Breakfast establishments in residential districts only:

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

§ 7.06.02 One parking space must be provided for each guest room, in addition to the spaces required for the dwelling. Such additional required parking spaces must be screened from adjacent properties and arranged so that each space has direct access to a driveway. 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.

§ 7.06.03 Food service is limited to overnight guests of the Bed and Breakfast. No dining facilities may be open to the general public. Guest rooms may not contain cooking equipment.

(Ord. No. 2022-008, 3-15-2022)

§ 7.07.01 Intent.

1.

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

2.

To promote the creation of accessible green space;

3.

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

4.

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

5.

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

6.

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

§ 7.07.02 Applicability. The Conservation Subdivision option is available, upon approval by the Commission, for single-family detached residential development of at least three acres. The applicant must comply with all other provisions of this Ordinance and all other applicable regulations, except those incompatible with the provisions herein.

If held in multiple ownership, the site must be developed according to a single plan with common authority and common maintenance responsibility as approved by the City Attorney.

§ 7.07.03 Density Determination.

1.

The maximum number of lots is determined by dividing the total area of the proposed subdivision by the most restrictive of the following: minimum lot size of the applicable district or by regulations as determined by City and/or County Health Department standards for septic tanks, or by other density limitations applicable to the site. In making this calculation, the following may not be included in the total area of the tract:

a.

Designated floodway.

b.

Bodies of open water over 5,000 square feeet of contiguous area.

2.

The above notwithstanding, the maximum permitted density is nine units per gross acre.

3.

The minimum total area for front, rear and side yards is 2.5 times the ground floor area of the dwelling unit. A minimum 14 feet of space between dwellings must be provided.

§ 7.07.04 Application Requirements.

1.

Site Analysis Map. The applicant must prepare and submit a site analysis map concurrently with the development plan and/or 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.

2.

Conservation Subdivision Plan. The applicant must prepare a Conservation Subdivision Plan, which yields no more lots than identified under § 7.07.03 Density Determination. The Conservation Subdivision Plan must identify open spaces to be protected and include an open space management plan (see § 7.07.06), which must be submitted prior to the issuance of a grading permit.

3.

Instrument of Permanent Protection. An instrument of permanent protection, as described in § 7.07.07, must be placed on the open space at the time of issuance of a grading permit.

§ 7.07.05 Other Requirements. The Applicant must adhere to all other requirements of the applicable district and the Subdivision Regulations.

§ 7.07.06 Open Space Management Plan. 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. Activities within the open space must be restricted in perpetuity by a legal instrument approved by the City Attorney.

1.

Standards.

a.

The minimum open space must comprise at least 25% of the gross tract area.

b.

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:

1)

The 100-year floodplain.

2)

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

3)

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

4)

Wetlands, as defined by the US Army Corps of Engineers.

5)

Existing trails that connect the site to neighboring areas.

6)

Archaeological sites, cemeteries and burial grounds.

c.

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

1)

Important historic sites.

2)

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

3)

Individual existing healthy trees greater than eight inches caliper.

4)

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

d.

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% 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.

e.

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

f.

At least 50% 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.

g.

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

2.

Permitted Uses of Open Space.

a.

Conservation of natural, archeological or historical resources.

b.

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

c.

Passive recreation areas, such as open fields, walking or bicycle trails.

d.

Active recreation areas, if they are limited to no more than 20% of the total open space and are not located within priority conservation areas. Active recreation areas may include impervious surfaces necessary to the recreational activity, excluding vehicular ways and parking and loading areas. Active recreation areas in excess of this limit must be located outside of the protected open space.

e.

Landscaped stormwater management facilities, community and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities must be located outside of primary conservation areas.

f.

Easements for drainage, access, and underground utility lines.

g.

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

3.

Prohibited Uses of Open Space.

a.

Golf courses.

b.

Streets, parking and loading areas and similar impervious surfaces, except as specifically authorized in the previous subsections.

c.

Agricultural and forestry activities not conducted according to accepted best management practices.

d.

Other activities as determined by the applicant and recorded on the legal instrument for permanent protection.

4.

Ownership and Management of Open Space. See § 3.07 Common Open Spaces and Facilities.

§ 7.07.07 Legal Instrument for Protection of Open Space. The open space must be protected in perpetuity by a binding legal instrument recorded with the deed, which must include clear restrictions on use of the open space, in accordance with this Section, and any restrictions the applicant chooses to place on the open space. The instrument must be one of the following:

1.

A permanent conservation easement in favor of either:

a.

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

b.

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.

§ 7.07.08 Tax Assessment of Open Space. Once a legal instrument for permanent protection has been placed upon the open space, the County Tax Assessor may be requested to reassess the open space at a lower value to reflect its more limited use.

(Ord. No. 2022-008, 3-15-2022)

§ 7.08.01 General Standards.

1.

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

2.

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

3.

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.

4.

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

a.

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 and/or Common Open Space. In no case may the rear of a dwelling unit front on a street.

b.

Where a Cottage Development is to be developed on a double frontage lot, only the rear of cottage lots may face the street of higher classification, in which case they must be separated from the street by one of the following: 1) an alley or driveway and a 20 foot buffer or 2) a 40 foot buffer.

c.

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

§ 7.08.02 Area and Dimensional Requirements.

1.

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 (§ 7.08.01(3)). Spacing between cottage dwellings must be at least ten feet, which may include zero-lot line arrangements.

2.

Minimum Common Open Space: 250 square feet per unit and not less than 40 feet in width at any point.

3.

Permitted Total Floor Area per Dwelling:

a.

One-Story units: 800 - 1,000 square feet.

b.

1-1/2 and Two-Story units: 1,200 - 1,400 square feet.

4.

Maximum Height: two stories

5.

Minimum Building Setbacks:

a.

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

b.

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

6.

Alley Setback. Where located along an alley, structures and parking must be set back from the alley centerline at least 12 feet; however, the City Engineer may require a greater setback as needed for parking, maintenance, trash pick-up or other access purposes.

§ 7.08.03 Ownership and Management of Open Space. See § 3.07 Common Open Spaces and Facilities.

§ 7.08.04 Parking.

1.

Parking must be provided as required for detached single-family dwellings and:

a.

Clustered together or provided individually at the rear of each home;

b.

Screened from the common open space;

c.

Screened from streets and adjacent residential uses.

2.

Driveways and parking spaces must be set back at least five feet from exterior lot lines.

(Ord. No. 2022-008, 3-15-2022)

§ 7.09.01 Home occupations are businesses carried on in a dwelling unit that are limited in extent and clearly incidental and secondary to the use of the property for residential purposes. A home occupation is to allow for the employment of an occupant of the dwelling in limited commercial activity without changing the character of the surrounding residential area.

§ 7.09.02 All home occupations must be permitted prior to receiving a business license, and no home occupation may operate without obtaining a valid business license from the City. Permits are only valid for the original applicant, use and location, and are void if a business license is not obtained within 90 days of approval. Applications for home occupations must be on forms provided by the Director.

§ 7.09.03 General Standards.

1.

No more than 25% of the total gross floor area of the dwelling may be used for the home occupation.

2.

The business owner must observe any private covenants or restrictions applicable to the property.

3.

No equipment or process may be used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors, or is dangerous or otherwise detrimental to persons in the home or adjacent areas.

4.

Any necessary parking must be provided off-street and must be in addition to what is required for the dwelling and may not be in the front yard.

§ 7.09.04 Tier 1 Home Occupations.

1.

Tier 1 Home Occupations may be approved administratively by the Director. Examples of Tier 1 home occupations include but are not limited to: internet-based businesses, lawn care or landscaping businesses, home maintenance; artistic and design services, telephone sales, consulting, tax preparation, off-site instruction, and other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. Tier 1 home occupations must comply with the following criteria:

a.

Only residents of the dwelling may engage in business activity at the dwelling.

b.

Any business-related materials or equipment must be kept inside the dwelling or accessory structure, outdoor storage must be approved specifically by the Director and must be to the rear of the dwelling and screened in accordance with § 10.03 Screening.

c.

Any business-related vehicles parked at the dwelling are limited to standard passenger cars, pickup trucks, SUVs, or vans, and may not be parked in the street.

d.

No change may be made to the outside appearance of the dwelling or premises and no evidence of the conduct of the home occupation may be visible from the street.

e.

Retail and in-person sales to customers or other clients visiting the dwelling are prohibited.

§ 7.09.05 Tier 2 Home Occupations.

1.

Tier 2 Home Occupations require Special Exception approval from the Board of Adjustment. Examples of Tier 2 home occupations include, but are not limited to: on-site music instruction and tutoring, professional offices involving client visits, small engine repair, cosmetology, animal grooming, any home occupation employing someone not living on the property, Tier 1 home occupations that are unable to meet one or more of the criteria listed in § 7.09.04.1, and other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these. Tier 2 home occupations must comply with the following criteria:

a.

At least one resident of the dwelling must be engaged in the home occupation and no more than one non-resident may be engaged or employed in the business activity;

b.

Any business-related materials or equipment, including trailers, must be kept inside the dwelling or accessory structure or fully enclosed behind a fence. On lots larger than one acre, materials or equipment may be located in rear or side yards without being enclosed provided they are at least 50 feet from the nearest property line.

c.

For music instruction, tutoring or similar teaching, professional or consulting services involving clients coming to the home, animal grooming, cosmetology, and similar services, no more than two clients may be on the premises at any time, and no more than ten clients visiting the home on any day. This number may be reduced by the Board of Adjustment;

d.

Small engine repair is limited to small engines no larger than two cylinders used in lawn mowers, trimmers, and similar lawn equipment;

e.

Any other restrictions or conditions required by the Board of Adjustment.

2.

Uses specifically prohibited as home occupations:

a.

Any use involving guns or weapons of any kind.

b.

Automobile engine or body repair.

c.

Automobile tire sales, mounting, or repair.

d.

Vehicle sales.

e.

Animal kennels or boarding.

f.

Junk, waste, or vehicle parts storage.

g.

Furniture upholstery and refinishing.

h.

Tow truck service.

i.

Other activities which the Director determines to be substantially similar in character, nature, intensity, or impact to these.

(Ord. No. 2022-008, 3-15-2022)

§ 7.10.01 No automobile wrecking yard, salvage yard or junkyard may be established closer than 300 feet to an established residential district.

§ 7.10.02 All outdoor storage of salvage and wrecking operations must be completely contained within an opaque fence or wall designed in accordance with § 10.05 Design Standards for Required Fences.

§ 7.10.03 The storage of wrecked automobile, junk, or salvaged materials may not exceed the height of the required screen fence or wall.

(Ord. No. 2022-008, 3-15-2022)

On any detached single-family lot, the keeping of chickens and honey bees is permitted subject to the following:

§ 7.11.01 Chickens or bees may be kept only on the premises of an occupied single-family detached dwelling and only in the established rear yard.

§ 7.11.02 Keeping of Chickens.

1.

Not more than eight hens are permitted per acre (for example, four hens would be permitted on a half-acre lot, 12 hens would be permitted on a 1.5-acre lot); roosters are prohibited.

2.

Except when under the personal control of the resident, chickens must be confined within a coop or run at all times.

3.

Coops and runs are subject to the setback requirements in § 4.01.03 Additional Regulations. No structure for the keeping of chickens may be located within 50 feet of the nearest dwelling.

4.

Coops should have at least three square feet per hen; however, no coop may be larger than 120 square feet in area.

5.

The activity and associated structures must be maintained in a condition such that no odors or noises are produced that create a nuisance for adjoining properties.

§ 7.11.03 Keeping of Honey Bees.

1.

Not more than four beehives are permitted, except that one additional beehive is permitted for each 2,500 square feet of additional lot area above the minimum lot size of the applicable district.

2.

Beehives must be set back no less than 20 feet from the nearest property line.

3.

There must be an adequate, accessible water source on site and located within 50 feet of the beehive.

4.

If the landing platform of a hive faces and is within 25 feet of any lot line, there must be a flight path barrier (fence, structure or plantings) not less than six feet in height, located in front of the hive.

(Ord. No. 2022-008, 3-15-2022)

§ 7.12.01 Purpose. The purpose of these regulations is to provide minimum standards to assure the orderly and beneficial development of manufactured home and tiny home parks, without interrupting existing development patterns.

§ 7.12.02 Minimum Requirements.

1.

Water, sewage, garbage and trash disposal, and electrical installations must meet or exceed City requirements standards.

2.

A site plan must be approved by the Director before construction is begun. The site plan must be drawn to scale showing the arrangements of manufactured home stands, roadways, water outlets, location, and type of sewage and liquid waste disposal, and the locations of the buildings for toilets, baths, laundries, and other facilities.

3.

The minimum requirements governing the construction, equipment, and operation of manufactured home parks set forth under law by the Alabama State Health Department must be met.

§ 7.12.03 Site Standards.

1.

Tiny homes and manufactured homes may be sited within the same park but must be located in separate portions of the park designed specifically for the type of home, as approved by the Director.

2.

The minimum site area for a manufactured home park is four acres. The minimum site area for a tiny home park is two acres.

3.

Individual home stands may not be separately owned.

4.

Grounds must be kept free of debris, scrap, junk and inoperable vehicles. Grass and other ground cover must be maintained in accordance with City regulations.

5.

Buffers must be provided along the perimeter of the park as required in § 10.02 Buffers.

6.

Common refuse containers must be screened in accordance with § 10.03 Screening.

7.

The park must be graded to drain all surface water in a safe, efficient manner in accordance with all applicable regulations. Stormwater drainage facilities must be designed by a professional engineer.

8.

Internal streets serving the park must be privately owned and maintained and must be at least 26 feet wide and paved as required by the City Subdivision Regulations.

a.

Each home stand must adjoin an internal street. Home stands may not have direct access to external streets.

b.

Internal streets must be maintained free of cracks, holes, and other hazards at the expense of the owner.

c.

All streets must be lighted at night according to plans approved by the City.

9.

Recreation Area. Manufactured home and tiny home parks must have an improved recreation area easily accessible to all park residents and improved for recreation purposes. Not less than ten percent of the gross park area must be devoted to recreational facilities, which must be maintained in a usable and sanitary condition by the park owner.

10.

Utilities. Each home must be connected to the municipal water and sewage disposal systems, if available. The design and specifications of the utility systems must meet city specifications and be approved by water and sewer utilities. If a public utility system is not available, then a private central system will be required until such time as public utilities become available. The design and specifications of such systems must meet the specifications of the Health Department and Alabama Department of Environmental Management and must be installed under inspection of the appropriate City Department.

11.

Storm shelters must be provided on-site, as provided herein, whenever (1) a new manufactured home or tiny home park of 20 or more homes is developed, (2) an existing park is expanded by 20 or more homes within a two-year period, and (3) an existing park replaces 20 homes or 50% of the homes in the park, whichever is more restrictive.

a.

Storm shelter must have a minimum floor area of seven square feet for each home stand and be located no more than 1,320 linear feet from the furthest home stand in the park.

b.

Shelters must be designed by a licensed structural engineer or architect, must comply with all applicable Building Codes and be installed as approved by the Building Official. Shelters must meet all applicable requirements of the Americans with Disabilities Act and, if located within a floodplain, must meet all FEMA requirements.

c.

The park operator is responsible for making the storm shelter accessible and usable in times of need. Storm shelters may not be used for storage purposes if such storage reduces the minimum floor area required herein.

§ 7.12.04 Area and Dimensional Requirements.

1.

Each manufactured home stand must be at least 3,150 sf in area and at least 35 ft wide. Each tiny home stand must be at least 1,500 sf in area and at least 20 ft wide.

2.

Homes must be set back at least 10 ft from the front line of the home stand and the edge of pavement of internal drives.

3.

Homes must be separated by at least 15 ft. Recognizing that manufactured home sizes have increased over time and that parks developed in compliance with these requirements may be unable to install newer, larger homes on otherwise conforming home stands, the Director may approve reduced spacing provided the applicant shows there is no alternative to accommodate the larger home within the park otherwise. However, the Director may not approve reduced spacing if adequate fire separation is not maintained, as determined by the Fire Marshal.

§ 7.12.05 Manufactured home requirements.

1.

The area of a manufactured home stand must be improved to provide adequate support for the placement of the home.

2.

Each home stand must be improved with one patio of concrete or other suitable impervious material, having a minimum area of 150 square feet. Manufactured home stands must have a gravel or better home-pad of size equal to or greater than the dimensions of the home, but in no case less than ten feet by 40 feet.

§ 7.12.06 Storage Facilities: Storage facilities with a minimum capacity of 150 cubic feet per stand must be provided on the stand or collectively in facilities located within 200 ft of each stand.

§ 7.12.07 Parking: Two off-street parking spaces must be provided for each home stand, which may be located at the stand or in common parking areas located no farther than 150 feet from each stand the parking area serves.

§ 7.12.08 Application for Zoning.

1.

Application must be accompanied by a development plan that complies with the applicable requirements of this Ordinance.

2.

The initial application must be signed by the applicant and include the following:

a.

Location map indicating use of surrounding area

b.

Detailed map of existing site with dimensions, contours on two-foot intervals and area drainage

c.

Detailed plans showing arrangements of access streets and connection with traffic artery, layout of manufactured home stands, recreation areas, refuse collection and storage facilities, parking areas, drainage improvements, buffers, screening and any other required landscaping

d.

Detailed plans for the proposed sewage, drainage, street paving and such other information as may be required by the City

e.

Plans and specifications of all buildings, improvements and facilities to be constructed within the manufactured home park.

(Ord. No. 2022-008, 3-15-2022)

§ 7.13.01 Purpose. The purpose of these regulations is to provide minimum standards to assure the orderly and beneficial development of manufactured home subdivisions, parks and parking areas, without interrupting existing development patterns and becoming a detriment to the surrounding area from an aesthetic, topographical, or incompatible point of view.

No manufactured home subdivision will be permitted except upon recommendation and approval of the Commission.

§ 7.13.02 Minimum requirements.

1.

Water, sewage, garbage and trash disposal, and electrical installations must meet or exceed City requirements standards.

2.

All streets must be lighted according to plans approved by the City.

3.

Manufactured home subdivisions must include one or more recreational areas, which must be suitably restricted to and improved for such use. The size of the recreational area must be at least ten percent of the overall subdivision tract.

§ 7.13.03 Application for Zoning.

1.

Application must be accompanied by a development plan that complies with the requirements of this Ordinance and the City Subdivision Regulations.

2.

The initial application must be signed by the applicant and include the following:

a.

Location map indicating use of surrounding area

b.

Detailed map of existing site with dimensions, contours on two-foot intervals and area drainage

c.

Detailed plans showing arrangements of access streets and connection with traffic artery, layout of manufactured home lots, recreation areas and other common facilities, buffers, screening and any other required landscaping

d.

Detailed plans for the proposed sewage, drainage, street paving and such other information as may be required by the City

e.

Plans and specifications of any buildings, improvements and facilities to be constructed within the manufactured home subdivision.

(Ord. No. 2022-008, 3-15-2022)

§ 7.14.01 The use of storage compartments is limited to the storage of personal property. However, this does not preclude periodic auctions held on the premises to dispose of abandoned items.

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

§ 7.14.03 The Director may require screening around the perimeter of the site as part of Site Plan approval. Any outdoor storage must be screened from public view and from adjoining properties as required in § 10.03 Screening.

(Ord. No. 2022-008, 3-15-2022)

§ 7.15.01 Multifamily developments with buildings containing five or more dwelling units are subject to the following standards and to administrative site plan review 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.

§ 7.15.02 Definitions. For the purposes of this Section, the following terms are defined as follows:

1.

Articulation, articulated. Changes in the depth along the building facade such as attached columns, wall recesses, horizontal banding, cornices, etc. to provide depth and variety to the facade.

2.

Fenestration, fenestrated. The pattern of window and door openings on a facade.

3.

Low Impact Design. A site planning and engineering design approach to managing stormwater runoff that emphasizes conservation and use of natural features, infiltration, and on-site storage and treatment involving landscape elements integrated into the design of the site. This approach uses engineered small-scale hydrologic controls to replicate predevelopment hydrology through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

4.

Open Space, Improved. Open space that has been created or modified, including but not limited to parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces.

5.

Pervious pavement. Paving materials that allow water to penetrate into the ground below, including concrete paving blocks, concrete grid pavers, perforated brick pavers and similar paving materials. This shall not include compacted gravel.

6.

Rain garden. A planted depression or hole that allows stormwater runoff from impervious surfaces to be absorbed into the ground.

7.

Swale. An open, grassed or vegetated channel used to partially treat stormwater, attenuate flooding potential and convey stormwater.

§ 7.15.03 A Site Development Plan must provide for, at a minimum:

a.

Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas and appropriate access management.

b.

A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewerage and water supply.

c.

Suitable access points adjoining public streets serving the proposed development, which must be properly illuminated to reduce traffic hazards.

d.

Waste collection facilities must be provided and must be the responsibility of the property owner or manager.

§ 7.15.04 Site Development Standards.

1.

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

2.

Barracks formations, in which buildings and parking areas are arranged and concentrated in a dense, rectilinear pattern are discouraged. Where rectilinear arrangements are proposed, courtyards or similar improved open spaces must be integrated into the arrangement of buildings and parking areas. Multifamily buildings may not be surrounded on all sides by parking and driveways.

3.

Multifamily buildings must be oriented toward streets, interior drives and improved open spaces, not adjacent properties. A multifamily building may be aligned along a parking area provided it is also oriented toward a street, interior drive or improved open space.

a.

Building entrances must face and be clearly visible from streets, interior drives or interior open space. This does not apply to entrances to individual dwelling units.

b.

Building entrances must be accessible from the street, interior drive or open space they face.

4.

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

Figure 7-1: Minimum Building Spacing

5.

Parking and Driveways

a.

Off-street parking must be provided in the following amounts:

1)

One and one-half spaces per one-bedroom unit

2)

One space per bedroom for each unit of two or more bedrooms

3)

One visitor parking space per four units

4)

For age-restricted senior units, 1.25 spaces per one-bedroom unit and 2 spaces per unit of two or more bedrooms

b.

Visitor parking requirements may be reduced when approved on-street parking is available along the property frontage and by only the amount of approved on-street parking spaces contained within the frontage of the multifamily property.

c.

Off-street parking must be located to the side or rear of buildings and may not extend forward of the front building line. When located to the side of buildings and adjacent to a public street, off-street parking areas may not occupy more than 30% of each perimeter public street frontage. The Director may waive these requirements when off-street parking is located forward of the front building line on adjoining properties on both sides of the multifamily site; however, these requirements may not be waived where the site fronts on a local street or on the same frontage as an adjoining detached single-family dwelling.

Figure 7-2:
Left: Permissible location of off-street parking.
Right: Parking between multifamily buildings and public street not permitted unless the same condition is present on adjoining properties on both sides of the multifamily site.

Figure 7-3: Maximum width of parking area facing public street when located to side of building.

d.

Where provided, common or individual garage parking areas must be located away from public street views.

e.

If allowed to be kept on the premises by the owner, boats and recreational vehicles may not encroach into required parking and may not be kept forward of the front building line.

f.

The number and location of access points to a public street must be as required by the City Building and Fire Codes and subject to review by the City Engineer.

g.

Private drives that provide access from a public street to off-street parking areas must comply with the dimensional standards in Table 7-1 below. Where parallel parking is provided, each parking lane must be at least 7.5 feet wide measured from face of curb. Trees, in accordance with the species and size types in Article 10, must be provided on both sides of the drive and installed at least three feet from the back of curb. Root barrier and other treatment may be required to prevent damage to utilities and sidewalks.

h.

When parking requirements exceed 50 spaces, electrical capacity necessary to accommodate future hardwire installation of a Level 2 or higher electric vehicle charging station(s) must be installed at a rate of 5% of total parking

6.

Open Space.

a.

At least 20% of the site must be permanently reserved as open space for multifamily developments with buildings no more than two stories. For multifamily developments with three-story buildings, the open space requirement is increased to 25%. All common open spaces and recreational areas must be well maintained in a safe and orderly condition.

b.

At least 50% 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.

c.

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

d.

Open space and recreational areas are counted toward the improved open space requirement as follows:

1)

Required setback areas do not count unless they otherwise meet the standards of this Subsection. Spaces must be large enough to support leisure and recreational activity; no dimension may be less than 15 feet.

2)

Gazebos, pavilions and similar open structures provided for the use of residents are permitted in improved open spaces.

3)

Covered porches, decks, or patios may be counted toward no more than 25% of the required open space. To qualify, such spaces must be at least 35 square feet in area with no dimension less than five feet. Such spaces may not be counted when they are completely inset into the building; they must project at least two feet beyond the wall plane.

e.

If one or more of the following amenities, or similar amenities as approved by the Director, are provided, then the minimum overall open space required in (a) above may be reduced by four percent:

1)

Tennis, volleyball or basketball court;

2)

One or more areas improved for lawn bowling, shuffleboard, pickle ball, bocce ball or similar activity with a combined area of at least 1,600 square feet;

3)

Off-leash area for dogs of at least 1,600 square feet, must be enclosed with fence or solid hedge and gate with one or more watering stations and waste receptacles;

4)

One or more pavilions, gazebos or similar open structures, each having a covered area of at least 150 square feet with a total combined covered area of at least 600 square feet; each must be furnished with benches or other seating and at least one structure must be furnished suitably for outdoor dining;

5)

Community garden of at least 1,600 square feet;

6)

Children's playground area of at least 1,600 square feet outfitted with swings, slides and/or similar play equipment; seating must be provided in or adjacent to the playground.

The combined area of the proposed amenities must total at least 50% of the improved open space requirement and must be maintained in accordance with the approved site plan.

f.

Developments containing 100 or more units must include one or more of the approved amenities listed in (e) above totaling at least 35% of the improved open space requirement.

g.

Amenities provided to meet the requirements of (e) or (f) above may be subsequently changed to another amenity type listed provided the total area of such amenities is not reduced below that in the approved site plan. Any subsequent change to an amenity type not listed must be approved by the Director.

7.

Stormwater Management. Stormwater retention or detention facilities must be integrated, to the greatest extent practicable, into the design of parking areas and open spaces as landscape amenities and should include low impact design techniques such as swales and rain gardens. The use of cisterns to capture stormwater for on-site irrigation is also encouraged. Stormwater management facilities located within an open space may only be counted as improved open space if it is designed so that it need not be fenced and is landscaped and useable by residents.

8.

Service, Loading and Waste Collection. Each development must be provided with a service area or areas for waste collection. Each such area must be located behind the front building line and away from public views but must be conveniently accessible to vehicles collecting such waste and to residents. The location of such areas must minimize negative visual, noise, odor and other impacts to adjoining streets, on-site dwellings and adjacent developments. Each such area must be paved with concrete and screened by an opaque fence or wall at least as tall as the waster container and as otherwise approved by the Director. The enclosure must have an opaque gate or closure that will be kept closed when not being accessed.

9.

Fire Protection.

a.

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

b.

If the adopted fire prevention and protection codes are in conflict, then the more restrictive requirements will prevail.

c.

Every multifamily building must be accessible to fire trucks equipment as required and approved by the Fire Department. Provided adequate clearance, such access may be located along an interior drive, within a parking lot or within any open area adjacent to each building. The acceptable distance between buildings and the fire truck access area must be determined by the Fire Department based upon building height and design.

§ 7.15.05 Pedestrian Access Standards. A pedestrian circulation system meeting the following standards must be provided:

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.

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.

5.

Materials Standards for Pathways.

a.

Walkways must be of concrete or masonry pavers and at least five feet wide except that walkways serving no more than four units may be four feet wide.

b.

Except as provided in Item c below, walkways must be clearly defined and designed so as to be separated from vehicular use areas through the use of raised curbs, elevation changes, bollards, landscaping, different paving materials or similar methods. Striping alone does not meet this requirement. If a raised path is used it must be at least four inches high. Bollard spacing must be no further apart than five feet on center.

c.

A vehicular drive may be counted toward pedestrian access if the drive provides access to 16 or fewer parking spaces and is surfaced with paving blocks, bricks, or other special paving.

§ 7.15.06 Privacy and Security Standards.

1.

When a multifamily building is located adjacent to a public street, any stairway must be enclosed within the building or otherwise screened from public street views. For street-facing buildings, upper floor units must be accessed from within the building interior or from an exterior walkway that overlooks an interior courtyard or similar common area.

2.

Separation must be provided between windows of ground floor dwelling units and adjacent walkways, parking areas and common open spaces, including:

a.

A horizontal separation at least ten feet deep including a landscaped bed containing at least one row of evergreen shrubs with a mature height of at least three feet; and/or

b.

Vertical separation so that the bottom edge of a ground-floor window is at least five feet above the grade of the adjacent walkway, parking area or open space.

Developments are encouraged to raise the ground floor of residential buildings at least 30 inches above the adjoining sidewalk or parking area to enhance privacy. Wherever the ground floor is so raised, the minimum horizontal separation in (a) above is reduced to six feet.

3.

Entrances and porches of individual units must be set back at least seven feet from walkways and at least 12 feet from the curb line of any driveway or parking area. If the entrance or porch level is at least 30 inches above the adjoining grade, the minimum setback from walkways is four feet and the minimum setback from the curb line of driveways and parking areas is nine feet.

§ 7.15.07 Lighting Standards. Lighting should eliminate adverse impacts of light spillover; provide attractive lighting fixtures and layout patterns that contribute to a unified exterior lighting design; and provide exterior lighting for safe vehicular and pedestrian access to and within a development.

1.

Pedestrian Lighting. Pedestrian-level, bollard lighting, ground-mounted lighting, or other low, glare-controlled fixtures mounted on building or landscape walls must be used to light walkways.

2.

Lighting Height. Light poles and lighting structures may not be taller than 20 feet.

3.

Building-Mounted Lighting. Building-mounted lighting must be limited to accent lighting used to illuminate architectural features and entrances, with a maximum height of 20 feet.

4.

Illumination Areas. Exterior lighting must be designed to a minimum average level of one footcandle along all pedestrian areas and driveways and throughout parking areas. Exterior lighting must be maintained in accordance with the approved site plan.

5.

Spillover Glare. Light fixtures must use full cut-off lenses or hoods to prevent glare and light spillover onto adjacent properties, buildings, and roadways.

§ 7.15.08 Architectural Standards.

1.

Four-sided design. All building elevations must reflect consistent design, textures, colors, and features. All walls must be articulated and fenestrated to provide visual interest.

2.

Building Articulation. All buildings must include the following architectural design features at intervals of no more than 30 feet along all facades facing a street, open space or parking area:

a.

Vertical building articulation. Minimum depth and width of articulation is 36 inches and four feet, respectively, if corresponding with a change in color or building material and/or roofline. Otherwise, minimum depth and width of articulation is ten feet and 15 feet, respectively. Porches and projecting balconies, including those that are partially recessed, count toward this requirement.

Vertical Building Articulation

b.

Articulation of the "base, middle and top". This typically includes a distinctive design for the portion of the elevation along the foundation and ground floor, consistent articulation of middle floors, and a distinctive roofline.

3.

Diversity of Building Types. Multi-building developments must provide different architectural designs to achieve visual interest and variety, particularly where multiple buildings front on the same public street. Changes in building colors or reversal of facade designs are not sufficient to comply with this standard. To meet this requirement, changes must include a combination of at least two of the following: vertical articulation (meeting the requirements of (a) above), fenestration, building materials, and roof design.

4.

Accessory structures. Accessory structures must reflect the same design and finish as principal buildings.

5.

Roof Design.

a.

Multifamily buildings must have a minimum 4:12 roof pitch. Alternative roof designs will be considered provided design elements are included to help the building and its roofline fit into the site's context.

b.

Pitched-roof buildings must incorporate variations in the roofline. The maximum length of any continuous roofline is 40 feet. The use, alone, of dormers and/or gables is not sufficient to comply with this requirement.

Left: Continuous roofline exceeds 40 ft. Right: Acceptable variation in roof design.

c.

Eaves must extend beyond the supporting wall at least 16 inches.

§ 7.15.09 Building Details and Materials.

1.

Changes in material should occur at the horizontal divisions between the base, middle and top and on inside corners. "Heavier" materials, such as masonry, should be used on the base.

2.

Exterior Finishes. Building facades must incorporate a coordinated color scheme consisting of matte finishes. A "coordinated color scheme" includes a limited number of complementary colors that are used throughout the development; and in the case of developments with multiple buildings, primary facade colors may alternate from building to building provided trim colors, materials and/or other design features visually tie together individual buildings. Neutral or earth tone colors are recommended. Gloss finishes may be used for trim and accent. Fluorescent and metallic paints are prohibited.

3.

Windows.

a.

Transparent windows facing the street are required. At least 15% of each street-facing facade must be fenestration. All other facades must have a minimum fenestration area of 10%.

b.

Windows must be recessed or project at least two inches from the wall plane or window trim must be used at least four inches in width with color that contrasts with the base building color. Exceptions will be considered where the design includes other distinctive window or facade treatment that adds visual interest to the building.

4.

Preferred Building Materials. Building exteriors must be constructed from high quality, durable materials as follows:

a.

Brick or other masonry. When used for the facade of any building, concrete blocks must be split, rock- or ground-faced and may not exceed 25% of the masonry area of the facade. To add visual interest, the use of specialized textures and/or colors used effectively with other building materials and details are encouraged. Plain concrete block or plain concrete may be used only as foundation material if the foundation material is not revealed more than three feet above finished grade at the foundation wall.

b.

Exterior insulation and finish system (EIFS) and similar troweled finishes (stucco) must be trimmed in wood, masonry, or other approved materials and may not be used adjacent to grade.

c.

Horizontal wood and cementitious siding. Composite boards manufactured from wood or other products, such as hardboard or plankboard, may only be used when the board product is less than nine inches wide.

5.

Prohibited Materials. The following materials are prohibited in locations visible from the public right-of-way and adjoining properties:

a.

Plywood siding (including T-111 or similar plywood), except when used as a component in board and batten siding.

b.

Highly tinted or mirrored glass (except stained glass) as more than 10 percent of the building facade.

c.

Corrugated fiberglass.

d.

Crushed colored rock/crushed tumbled glass.

e.

Noncorrugated and highly reflective sheet metal.

6.

Vinyl may be used as a trim material. Vinyl siding is permissible as an accent material comprising no more than 30% of any building facade and only when the board size is less than six inches wide. However, vinyl siding it may not be used adjacent to grade. Vinyl siding cannot be painted, which limits opportunities for changing building colors as part of future renovations.

7.

Corrugated metal siding is permissible as an accent material comprising no more than 30% of any building facade.

8.

Chain link fencing must be vinyl coated and may not be used forward of the front building line.

§ 7.15.10 Landscaping. Screening must be provided to conceal certain site elements, including but not limited to, mechanical equipment, loading and waste collection areas, from public view. In addition to any required parking lot landscaping, buffers and screening, landscaping must include the following:

1.

Foundation Planting. All street-facing elevations must have landscaping along any exposed foundation. The landscaped area may be along the outer edge of a porch instead of the foundation. This landscaping requirement does not apply to portions of the building facade that provide access to the building. Foundation landscaping must meet the following standards:

a.

The landscaped area must be at least three feet wide.

b.

There must be at least one three-gallon shrub for every three lineal feet of foundation or the minimum spacing necessary for healthy growth as recommended by a landscape professional.

2.

Landscaping techniques include the following:

a.

Preserve existing trees and native vegetation whenever possible.

b.

Use plants that require low amounts of water, including native drought-resistant species.

c.

Use low-impact design techniques, including pervious pavement, swales, and rain gardens, to manage stormwater in parking lots.

d.

Locate trees along street frontages at appropriate spacing so that, at maturity, ground floor entrances are clearly visible from the street and sidewalk.

e.

Plant a mix of evergreen and deciduous plants to maintain year-round color and interest.

f.

Install shrubs, grasses and other non-tree vegetation, as appropriate, for ground cover in landscaping beds, open spaces and other unpaved areas.

3.

An irrigation method must be included in the landscaping plan. Underground irrigation systems should be used whenever possible to avoid drought loss.

§ 7.15.11 Additional Standards

1.

Traffic Impact Study and Plan. A traffic impact study and plan, prepared by a Traffic Engineer, must be furnished together with the Site Plan for all developments of 100 units or more, or as may be required by the City Engineer. The study must be prepared in accordance with generally accepted standards for traffic studies. The traffic study must show, in detail reasonably satisfactory to the City Engineer, the effect that the proposed development 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 as a result of the traffic generated by proposed development. The developer must pay the cost of any such signals and/or devices if the City Engineer considers them necessary.

2.

Drainage Study and Plan. For each development, a drainage study and plan must be furnished as part of the Site Plan. Such study must be prepared by a Professional Engineer. The plan must show, in detail, reasonably satisfactory to the City, the effect that the proposed development will have on the site and the land adjacent to and near the site. The plan must include drainage, grading, excavation, topography, erosion and sedimentation, stormwater detention and floodplain management controls. The plan must provide for such structures and devices as may be required by the City's stormwater rules and regulations.

§ 7.15.12 Site Plan Requirements. In addition to the site plan requirements in § 11.02, the following must be provided as necessary to determine compliance with the applicable standard:

1.

Dimensions between buildings and calculations, § 7.15.04.04.

2.

Parking calculations in table form, § 7.15.04.05.

3.

Open space plan (as separate sheet or as part of landscaping plan), specifying all required improved and other open spaces with overall dimensions, area (sf) for each, proposed use and improvements, including a table with areas and percentages, § 7.15.04.6.

4.

Pedestrian circulation plan, with dimensions, materials in relation to open spaces, buildings and vehicular areas, § 7.15.05.

5.

Dimensioned plan or illustration of privacy and security measures, including method of horizontal and/or vertical separation, § 7.15.06.

6.

Lighting plan, prepared by a lighting designer documenting conformance with § 7.15.07.

7.

Dimensioned diagrams or illustrations of building and roof articulation for each unique building plan, § 7.15.08.

8.

Typical elevations for each unique building plan, including building details, materials and percentages of fenestration and materials used on facades, § 7.15.09.

9.

Landscape plan, § 7.15.10.

10.

Traffic Impact Study and Plan, if required, § 7.15.11.

(Ord. No. 2022-008, 3-15-2022)

§ 7.16.01 No patio home may be constructed, nor construction commenced, until all applicable requirements have been met and final approval given as required by the City.

§ 7.16.02 Site requirements. A detailed site plan must be submitted and approved by the Commission in accordance with the City Subdivision Regulations.

§ 7.16.03 General requirements.

1.

Patio homes may be detached or semi-detached.

2.

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

3.

Fireplace and chimney may be placed in the rear yard setback provided they do not project beyond the 30-inch permitted roof overhang and provided they do not restrict or obstruct any drainage easement, whether existing or proposed.

4.

Required side yards must be kept perpetually free of permanent obstructions, accessory structures and walls and fences without gates.

5.

Privacy fences or walls may be placed on or along any lot lines provided they do not obstruct local lot drainage and provided gates or other openings are provided to allow access for fire protection. An eight-foot-maximum height limit will be permitted for privacy fences or walls located on or along any required side or rear yard.

6.

Each lot must be designed to have one yard or open area, other than a front yard, with a minimum area of 600 square feet.

7.

Front loaded lots must have a parking apron in front of any garage to accommodate two parking spaces.

8.

Where adjoining zero lot line dwellings are set back from their common lot line:

a.

A perpetual wall maintenance easement at least three feet wide must be provided along and parallel to the adjoining lot.

b.

A perpetual drainage easement must be provided as approved by the Commission. Fences and walls may be located on or along this easement only when gates or other openings are provided and maintained so as not to obstruct local lot drainage. A "hold harmless agreement" will be required.

9.

Roof overhang may penetrate maintenance and drainage easement of the adjacent lot a maximum of 30 inches, provided the roof is designed so that water runoff is restricted to the drainage easement area.

10.

Windows, doors and other openings on walls facing side lot lines must comply with the Building Code.

11.

Any lot adjoining a zero-setback side yard must be under the same ownership at the time of initial construction so that property rights of adjacent tracts are not infringed upon or a ten-foot side setback will be required, whenever the zoning classification of the adjoining property does not allow for zero-setback development.

12.

Accessory structures may not exceed 20 feet in height. Accessory structures are permitted a zero-foot setback along the same side lot line along which the principal dwelling is permitted a zero-foot setback.

(Ord. No. 2022-008, 3-15-2022)

§ 7.17.01 RV Park and Campground Standards.

1.

Minimum tract size: Three acres

2.

Minimum street frontage: 100 feet

3.

No structures, camp sites or RV spaces may encroach into the following minimum setbacks:

a.

Front yard: 35 feet

b.

Side yard: 30 feet

c.

Rear yard: 35 feet

4.

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

5.

Minimum open space recreation area. At least 5,000 square feet for the first 20 RV spaces plus 150 square feet for each additional RV space.

6.

Lighting. All vehicular drives, common areas and walkways providing access to restrooms, campground office and other common facilities must be adequately lighted for vehicular and pedestrian traffic safety. Lighting must be arranged and designed to minimize illuminating individual RV spaces and camp sites.

7.

Access.

a.

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.

b.

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

c.

Vehicular drives must be surfaced with asphalt, crushed rock or other suitable, dustless material approved by the Director. Vehicular drives must be at least 12 feet wide for one-way traffic and 22 feet wide for two-way traffic. Parallel parking along the vehicular drive requires at least ten feet in additional width.

8.

Sanitation.

a.

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

b.

If any RV spaces are not provided with drain inlets to receive discharge of toilets, dump stations, built to code and designed to receive the discharge of sewage holding tanks of self-contained vehicles must be provided in an accessible location. Such stations must be separated from all camp sites and RV spaces by at least 100 feet.

c.

Two-cubic yard or larger waste containers must be located within 300 feet of every RV space, but no closer than 100 feet. Alternatively, the Director 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.

§ 7.17.02 Standards for RV spaces.

1.

Each RV spaces must be at least 500 square feet in area. Spaces for non-motorized recreational vehicles must be large enough for the RV and the passenger vehicle pulling the RV unless parking is provided for the passenger vehicle within 150 feet of the space served.

2.

No occupied RV may be located anywhere but in an approved RV space and only one recreational vehicle may be located in each RV space.

3.

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

§ 7.17.03 Short-term residence in recreational vehicles is permitted only in approved RV parks subject to the following:

1.

A short-term recreational vehicle residence permit must be obtained, which is limited to six months, but may be renewed for no more than one additional six-month period. The permit application must be accompanied by a letter from the employer, verifying and describing the short-term job/employment, including the length of employment.

2.

Short-term residence may not exceed 12 months in a 24-month period and must be solely for short-term work or business purposes, as verified, in writing, by a local business or employer.

3.

Not more than 25% of the approved spaces in the RV park may be used for short-term residence at any one time.

4.

All short-term residential recreational vehicles must be legally registered and tagged, maintained in good aesthetic appearance and function and be kept road-worthy.

5.

They may only be parked in a space with a direct sanitary disposal connection.

6.

No porches, permanent stairs or other structures or additions may be attached to the recreational vehicle.

(Ord. No. 2022-008, 3-15-2022)

§ 7.18.01 Community Recycling Receptacles.

1.

When proposed on an already developed site, receptacles must be approved as an accessory use by the Director before being placed on a premises. When proposed on a site to be developed, receptacles and necessary loading space must be indicated on the proposed site plan or subdivision plat for consideration by the approving authority.

2.

In residential districts, community recycling receptacles may only be permitted on the premises of an approved nonresidential use or within a common area approved as part of a subdivision or multifamily development of five or more units and are limited to the receiving of household recyclables only.

3.

In nonresidential districts, receptacles should be located behind the front building line to the extent practicable, though the approving authority may allow them forward of such line as needed for visibility. In such case the approving authority may require screening or other improvements for compatibility with adjoining development and as necessary for conformance with the requirements or intents of the applicable district.

4.

Receptacles may not encroach on any required parking, loading or landscaping and may not interfere with vehicular circulation on or off the premises. In residential districts, receptacles may not be located forward of the front building line.

5.

Receptacles must display the name of the owner or sponsor, their address, telephone number, and contact person. Cleanliness and pickup of matter in and around said receptacle is the responsibility of the sponsor.

§ 7.18.02 Recycling Centers.

1.

Unless approved through a Special Exception by the Board, recycling centers must be operated from a permanent building located on the premises.

2.

Receptacles must be located behind the front building line to the extent practicable. In such case the approving authority may require any receptacles located forward of the front building line to be screened or other improvements made for compatibility with adjoining development and as necessary for conformance with the requirements or intents of the applicable district.

3.

All recyclables must be within a receptacle or otherwise stored out of public view whenever the recycling center is closed. The operation and/or its site 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 approving authority may require that the premises be secured to prevent such accumulation.

§ 7.18.03 Donation Bins.

1.

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

2.

Location of donation bins must be approved by the Director before being placed on premises.

3.

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

4.

Donated goods must be collected regularly so as not to allow accumulation of goods outside of containers. Receptacles must display the name of the owner or sponsor, their address, telephone number, and contact person responsible for collection. All donated goods accumulating outside of containers must be collected within 48 hours of notice by the City.

(Ord. No. 2022-008, 3-15-2022)

Reserved.

Not more than two such uses are permitted within 1,000 feet of each other or an adult entertainment establishment, as measured between the nearest property lines. Nor may a tattoo parlor be located closer than 500 feet to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; church or other place of assembly; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted tattoo parlor to become nonconforming.

(Ord. No. 2022-008, 3-15-2022)

§ 7.21.01 Definitions. As used in this Section, the following words and terms have the meanings as defined herein:

1.

Antenna. An electromagnetic device which conducts radio signals through an attached cable or wave guide, to or from a radio transmitter or receiver. "Antenna" includes devices commonly referred to as "whips", "panels" and "parabolic dishes". "Antenna" includes an antenna used in conjunction with microwave, cellular or personal communication service systems and any other type of telecommunication systems now or hereafter in use.

2.

Co-location Site. A parcel of land or other site on which the antennae and related equipment of more than one party are located.

3.

Communication facilities. Towers, antennae and equipment, collectively.

4.

Equipment. All equipment and facilities used in conjunction with one or more towers and/or antennae, including, but not limited to, electronic systems, generators, fuel tanks and fuel.

5.

Fiber-optics. Light transmissions through very fine flexible glass, by internal reflection.

6.

Monopole. Any self-supporting wooden pole or any self-supporting metal or concrete pole designed to support an antenna; provided, that the word "monopole" does not include a latticed steel or metal tower, a tower which requires guy wires for support or a tower which has more than one source of support, such as a tower with more than one leg.

7.

Residential Property. Any land located in a Residential District.

8.

Tower. Any telecommunication Monopole (as defined hereinbefore) including Monopoles used for microwave, cellular or personal communication service systems and any other telecommunication systems now or hereafter in use. As used in this article, "tower" includes any telecommunication tower installed or constructed within the city prior to the effective date of this Ordinance, regardless of whether such tower is a Monopole or another type of tower.

9.

Tower Compound. A parcel of land or a building on which communication facilities are located.

§ 7.21.02 Required Approvals. No party may construct a tower or tower compound until the Board has approved it as a Special Exception use, unless permitted by right in the applicable district, and a Building Permit has been subsequently granted. Co-location of an antenna on an existing tower may be approved by the Director, except as otherwise provided herein.

§ 7.21.03 Applicability. All towers, antennae and equipment constructed or installed, whether on a new or existing tower compound, after the effective date of this Ordinance and any changes or additions to any tower or antenna in existence before the effective date of this Ordinance, are subject to this Section. A tower which is 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 the approval of the Board, though a permit may be required if applicable to the nature of the maintenance or repair activity.

§ 7.21.04 Public hearing. The Board will hold a public hearing with respect to each application for the construction of a tower. The installation of any additional antenna on the same tower, and the equipment used in connection with such additional antenna, is subject to approval of the Director and does not require a hearing or approval of the Board unless:

1.

The tower compound is to be enlarged or there is a change in the size or location of the existing tower; or

2.

The Director considers it appropriate that such application be referred to the Board for review and consideration.

§ 7.21.05 Co-location. A new tower may not be constructed if space is available, on an economically reasonable basis, on an existing tower which is structurally and technically 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 tower constructed must be designed to provide for the installation of additional antennae to the fullest extent practicable, taking into consideration the structural and technical limitations of the type of tower proposed.

§ 7.21.06 Review Criteria. In considering whether to permit communication facilities to be constructed and/or installed at a certain location, the Board will consider the following public health, safety, and general welfare criteria:

1.

Structural safety of towers: Towers must comply with wind-load and other structural standards contained in applicable building and technical codes adopted by the Council, and the electronic industries associations code, so as not to endanger the health and safety of people in the event of the structural failure of a tower. The Director will determine whether towers comply with the requirement of this subsection.

2.

Appearance of tower compounds: 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 surrounding land uses. The Board may require that planting and a decorative fence or wall be constructed around a tower compound to help accomplish this end.

3.

Compliance with rules and regulations: All communication facilities must comply with all applicable rules, regulations and other requirements of the FCC and other governmental agencies having jurisdiction over them, including but not limited to, the State of Alabama. The Board may require that satisfactory evidence of such compliance be furnished by the applicant.

§ 7.21.07 Development Criteria. The Director will review all applications for towers, antennae, or equipment for compliance with the provisions of this Section. By a vote of a majority of the members of the Board present at the public hearing, the Board may waive any one or more of the following requirements if the circumstances justify such waiver and provided the reasons for such waiver are included in the Board's minutes.

1.

All towers must be monopoles.

2.

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

3.

The centerline of a tower may not be located 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 abuts the tower compound, is in a nonresidential zoning district (including land in a PUD District used for nonresidential purposes) the centerline of the tower may not be closer than 50 feet to the boundary line of such property. The Board may reduce the foregoing setback requirements 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, in the opinion of the Board, be contrary to the health, safety and general welfare of the public.

4.

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

5.

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

6.

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 10 feet and may not exceed a maximum of 150 watts. Such lights must be located and directed so that they do not shine or reflect onto or toward any residential property.

7.

Each tower compound must be surrounded and fully 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.

8.

All tower compounds must be surrounded by a buffer which must, to a height of at least eight feet, effectively screen the view of the tower compound from adjacent public ways and residential property. The buffer must consist of a landscaped strip, at least four feet in depth, located outside of the security fence. The landscaped strip must be planted with a combination of trees, shrubs, vines, and/or ground covers capable of attaining, at maturity, a height as high as the security fence. For tower compounds located within 1,000 feet of residential property or areas of special aesthetic concerns, such as schools, the Board may require wider landscaped buffer areas and other items, such as decay-resistant, solid wood fences, earth beams and masonry walls. All fences, walls and landscaping must be kept in good condition.

Applications must include the name and address of the party who will be responsible for maintenance and repair of the communication facilities, and any fences, walls and landscaping. If a different person becomes responsible for maintenance and repair, the owner of the tower must give the Director written notice of the person's name and address.

9.

In isolated, nonresidential areas, alternative landscaping methods, such as the use of a dark colored, vinyl-coated or galvanized steel chain link security fence in combination with evergreen shrubs, trees, vines, and/or other plantings, may be permitted on the condition that if the areas surrounding such tower compounds become developed, the Board may require the owner of the tower compound to comply with the requirements of 8) above.

10.

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 a substantial amount of natural growth around tower compound may be considered by the Board in determining buffer requirements.

11.

A parking area and driveway of asphalt, concrete or other all-weather surface approved by the Director must be provided for each tower compound for service access and for access by emergency services. Subject to the approval of the Board and to an appropriate agreement with the owner thereof, access may be by means of, and parking may be provided on, an adjoining property. Subject to the approval of the Board, one or more public streets adjoining the tower compound may serve as the parking area.

§ 7.21.08 Removal of Unused Towers. 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 Director with a copy of such notice. The owner must remove the tower and all communication facilities used in connection with it within 90 calendar days from the day the tower ceases to be used or by an earlier date if required by the FCC. If the owner does not remove the tower from the tower compound within the required time period, the owner of the property on which the tower is located, if different from the owner of the tower, must remove it within 90 calendar days of receiving written notice from the City. If neither the owner of the tower nor the owner of the property removes the tower within the time prescribed, the City may, but is not obligated to, remove the tower. If the City removes the tower, it may recover the cost of doing so from the owner of the tower and/or the owner of the property. A tower used by more than one party may continue to be used for telecommunication purposes if the tower is used for such purposes by at least one party. Any party who ceases to use a tower used by more than one party must remove its antenna from the tower and must remove its equipment from the tower compound within 90 calendar days after it ceases to use the tower, or within a shorter period as prescribed by the FCC, so that the tower and compound will be available for use by another party.

§ 7.21.09 Receiving Antennae. A building permit is required for receiving antennae over 24 inches in diameter. A receiving antenna located in a residential district is considered an accessory structure. A receiving antenna located in a nonresidential district must be screened on at least three sides if it is located on the roof of a building or on the top of any other structure, and it must be screened on four sides if it is located at grade level.

§ 7.21.10 Application. In addition to other information required by this Ordinance, all applications to construct a new tower or to locate an antenna or additional equipment on an existing tower compound, must include the following:

1.

A list of the names and addresses of all owners of property adjoining the subject property. The application must be accompanied by the certification by the applicant, a surveyor or an attorney that the list of property owners was obtained from the County tax assessor and that the list contains the names and addresses of all owners of property within 500 feet of such tower compound.

2.

Statement of impact on health, safety, and welfare: A brief 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.

3.

Site plans: A site plan, prepared by a surveyor, scaled to not less than one inch equals 50 feet, showing the location and dimensions of the subject property, as well as the location of setback lines, driveways, parking areas, fencing, landscaping, and generators and the location, size and type of any fuel tanks. The site plan must be prepared by a licensed and must also show:

a.

All parcels located within 500 feet of any part of the tower compound.

b.

Zoning classification of the property and of all parcels within 100 feet of the subject property, including zoning classifications in an adjoining municipality.

c.

The latitude, longitude, section, township, range, tax parcel identification number, street address and the site identification number of the proposed tower compound. If any part of the tower compound is or will be located within 1,000 feet of a boundary line of the city, the following information must be clearly indicated:

1)

The distance from such boundary line.

2)

The name of the adjacent municipality.

d.

Such other information as may be required by the Board to determine compliance with the requirements of this Ordinance. If the proposed tower is to be located on a portion of a larger property, its location with respect to the boundary lines of such property must be shown on the site plan.

4.

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.

5.

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

6.

The estimated life of the tower, the antenna and the equipment.

7.

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 detailed written narrative of the efforts made by the applicant to use such existing or proposed tower.

8.

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, qualified to make such certification, certifying that the tower is able to accommodate the proposed antenna, as well as the antennae already located on the tower, in a safe and functional manner.

To help defray the costs of processing applications, reviews and otherwise administering the provisions of this Section, the applicant must submit a non-refundable application fee, as set by the Council, plus any costs incurred by the City for public notice. § 7.21.11 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 of the tower, must be furnished to the Director, and no further work may be done with respect to the construction of the tower until the Director has approved, in writing, the foundation, including its location. Upon the completion of the tower and installation of an antenna, or upon the location of an additional antenna upon an existing tower, 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 the tower and the antenna were built and installed, or the antenna was installed, if the antenna was installed on an existing tower, in accordance with the plans submitted to the city including the installation of any required buffers, fencing and walls.

(Ord. No. 2022-008, 3-15-2022)

§ 7.22.01 Authorization, Exemptions. Temporary uses are permitted only as expressly provided for in this Section. The following are exempt from the provisions of this Section:

1.

Merchandise for sale occupying a permanent, outdoor display area used in conjunction with a permanent business

2.

Merchandise located in a temporary display area which does not occupy required parking spaces, driveway aisles or required landscaping areas, and for which customers must enter a permanent business on the same lot to make a purchase.

§ 7.22.02 Permit required. All temporary uses require a temporary use permit unless specifically exempted herein.

1.

The Director issues temporary use permits. Applications for a permit are made on forms provided by the Director. If deemed necessary by the Director due to the size, potential impact and duration of the temporary use, applications must include a site plan, drawn to a scale not less than one inch = 100 feet and showing the following:

a.

North arrow and scale.

b.

All property lines.

c.

Location with dimensions and use of all proposed and existing structures and portions of the premises to be occupied by the temporary use.

d.

Location and dimensions of all parking areas.

e.

Location of all public streets, driveways, walkways and curb cuts to be used.

f.

Location and direction of all exterior signs and lighting.

g.

Location of all water and sewer taps.

h.

Location and type of all electrical connections.

i.

Location of nearest fire hydrant.

j.

Certification by registered traffic engineer that adequate provisions have been made for traffic management on the site. The Director may waive the certification if deemed unnecessary due to intensity of use.

2.

If not the property owner, the applicant must present a notarized letter from the owner granting permission for use of the property.

3.

A fee covering the cost of reviewing the application, issuing the permit and inspecting the site must be submitted with the application. Permit fees are in addition to any required bonds listed below. Fees are waived for fundraising events held by nonprofit and charitable organizations.

4.

Zoning certification required. The Director must provide the Finance Department with a zoning certification indicating that a temporary use permit has been authorized in compliance with the provisions of this article. The certification is required before the Finance Department may issue a business license for the temporary use.

§ 7.22.03 General provisions.

1.

Temporary commercial uses are permitted only in B-1, B-2 and B-4 zoning districts, unless otherwise specified in this Section.

2.

The Fire Marshal and Building Official must inspect all uses listed under § 7.22.04 before occupancy.

3.

Unless permanent sanitary facilities are available on the premises, temporary uses must provide temporary sanitary facilities with approval of such facilities by the applicable County Health Department presented with the application.

4.

All permanent or temporary lighting for the temporary use requires an electrical permit and inspection.

5.

The applicant must provide parking for the patrons of the temporary use. It is the responsibility of the applicant to guide patrons to approved parking and to prevent unlawful parking.

6.

Any traffic control specifically required by the Police Department, as a condition of permit approval, is the responsibility of the applicant.

7.

The site must be cleared of all debris by the expiration of the permit. Any temporary structures must be removed within seven days of the expiration of the permit, however, an exception may be granted by the Director for produce sales structures. A cash bond must be posted with the City in an amount adequate to ensure that the site is cleared of all debris during and after the close of the temporary use. Instead of a bond, the applicant may present a signed contract with a waste disposal company, which must be included with the permit application.

8.

Serving of alcoholic beverages is not allowed except by permit from the City Council.

§ 7.22.04 Permitted temporary uses. The following temporary uses are permitted subject to the following criteria.

1.

Carnival or circus.

a.

Permitted in B-2 or B-4 Districts only.

b.

Maximum length of zoning permit is 30 days.

c.

No structure or equipment is permitted within 500 feet of any property in residential use.

d.

Signs are permitted as follows:

1)

Total area of all signage may not exceed 100 square feet.

2)

Signs must be set back at least 20 feet from all lot lines.

3)

No more than one freestanding sign is permitted.

e.

Hours of operation are limited to between 10:00 a.m. and 10:00 p.m.

2.

Christmas Tree Sales.

a.

Permitted in FAR districts and Business districts.

b.

Maximum length of zoning permit for display is 45 days.

c.

Signs are permitted as follows:

1)

Total area of all signage may not exceed 100 square feet.

2)

Signs must be set back at least 20 feet from all lot lines.

3)

No more than one freestanding sign is permitted.

d.

Hours of operation are limited to between 10:00 a.m. and 10:00 p.m.

3.

Contractor's office and construction equipment sheds.

a.

Permitted in any district where use is incidental to construction project on the same property.

b.

Maximum length of permit is one year.

c.

Must be removed no more than five days after issuance of the Certificate of Occupancy.

d.

Signs are permitted in conjunction with construction project as specified in Article 9.

4.

Events of Public Interest.

a.

Permitted events: outdoor concerts, auctions, athletic events, street fairs and associated concessions, and other similar events.

b.

Permitted in all business and institutional districts and property owned by the City, County Commission or any public or private school or place of worship.

c.

Signs are permitted, in addition to any existing permanent signage, as follows:

1)

Total area of all signs posted at the entrance may not exceed 200 square feet, with no one sign greater than 100 square feet.

2)

No more than one freestanding sign is permitted.

5.

Public fundraising events by non-profit organizations.

a.

Permitted only in Business and institutional districts, unless conducted in conjunction with an approved nonresidential use in a Residential District.

b.

Permitted events: car washes, bake sales, fruit sales, and other such activities used by nonprofit or charitable organization to raise tax exempt funds.

c.

No activities or signs may be located in the public right-of-way.

6.

Real estate sales office.

a.

Permitted in any district when used in conjunction with an approved subdivision, whether residential or nonresidential. The office may not contain any sleeping or cooking accommodations. A model home may serve as a temporary office, but may not be occupied as a residential structure while being used as an office.

b.

Maximum length of permit is one year or until all lots in the subdivision are developed; whichever expires first.

c.

Only signs permitted in Article 9 may be displayed in conjunction with the office.

7.

Tent Assembly.

a.

Permitted in FAR and business districts. Permitted in Residential districts as a Special Exception, see § 12.03.

b.

Maximum length of permit is 15 days.

c.

Signs are permitted as follows:

1)

Total area of all signage may not exceed 100 square feet.

2)

Signs must be set back at least 20 feet from all lot lines.

3)

No more than one freestanding sign is permitted.

8.

Seasonal sale of farm produce.

a.

Permitted in Business and FAR districts.

b.

One six-month permit may be issued during each twelve-month period.

c.

Sales areas, including produce stands, vehicles used as stands, and sheds, may encompass no more than 400 square feet. Sales areas must be set back at least 20 feet from all lot lines. Entrances and exits must be at least 50 feet from the nearest intersection, measured from the intersection of rights of way. This does not apply to previously approved driveways.

d.

Signs are permitted as follows:

1)

Total area of all signage may not exceed 20 square feet.

2)

No more than one freestanding sign is permitted.

9.

Temporary storage containers.

a.

Permitted in all districts

b.

No permit is required

c.

Containers must be kept within the property and may not be placed in any way that obstructs on-site parking or circulation

d.

Containers may only be kept on premises for 30 consecutive days; however, the Director may authorize an extension of this time upon request, and may put further conditions on location and length of time.

(Ord. No. 2022-008, 3-15-2022; Ord. No. 2022-041, 10-18-2022)

§ 7.23.01 No townhouse may be constructed nor construction commenced until all applicable requirements have been met and final approval given, as required.

§ 7.23.02 Site requirements. A detailed site plan must be submitted to and approved by the Commission. The site plan must meet all the requirements of the City Subdivision Regulations.

§ 7.23.03 General requirements.

1.

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

2.

Contiguous townhouses must be separated by a fire wall that complies with City Building and Fire Codes.

3.

Each townhouse must be on its own lot. Townhouses constructed in a condominium arrangement are exempt from this requirement.

4.

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

5.

Townhouses may not extend more than five feet in front of a building located on an adjoining lot of dissimilar use.

6.

No portion of a townhouse or accessory structure in, or related to, one townhouse complex, may be closer than 20 feet to any portion of any townhouse or accessory structure, related to another townhouse complex, or to any other building.

7.

Each townhouse must have its own yard, containing not less than 500 square feet, reasonably secluded from view from the streets or from the neighboring property.

8.

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

9.

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

§ 7.23.04 Parking.

1.

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. Off-street parking must be within 150 feet by the most direct pedestrian route of the door of the dwelling, to which it belongs.

2.

Common parking areas may not extend forward of the front building line.

3.

Driveways and parking spaces may not occupy more than 50% of the required front yard of a dwelling.

4.

Front-loaded garages are limited to one bay. That portion of the facade containing garage doors may not extend closer to the front lot line than any other part of the front facade.

(Ord. No. 2022-008, 3-15-2022)

Level 1, 2, and 3 electric vehicle charging stations are allowed as an accessory use in all nonresidential districts and on multi-family premises; installation as a principal use may be permitted by Special Exception. In residential districts, not including multi-family uses, Level 1 and 2 charging stations are allowed when attached to the principal structure or an accessory structure and not encroaching into the required setbacks; Level 1, 2, and 3 charging stations may be permitted as a principal use by Special Exception, or within common open space or facilities when included in the preliminary plat, or as a Special Exception when installed after platting.

(Ord. No. 2022-008, 3-15-2022)