All uses and activities shall comply with the provisions of this chapter.

(Zoning Ord. 2019, § 160, 6-24-2019)

The primary purpose of these provisions is to reduce traffic congestion on public streets by requiring that certain minimum parking and loading areas be provided off-street. Further, these provisions ensure safe and convenient access to and from each site, ensure safe and efficient on-site traffic circulation, and encourage the design of attractive and harmonious facilities.

(Zoning Ord. 2019, § 170, 6-24-2019)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access driveway means that portion of the parking area that consists of a travel lane bounded on either side by an area that is not part of the parking area.

BR means bedroom or guest accommodations.

DU means dwelling unit.

Employee means the maximum number of persons employed at the facility, regardless of the time period during which this occurs or whether the persons are full-time employees. The major shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant.

GLA means gross leasable area, the total floor area of a building designed for both tenant occupancy and exclusive use. GLA includes both owned and leased areas but does not include shared or common areas among tenants. Where the total floor area of a building is occupied or where a building has no shared or common area, GLA is the gross floor area measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Inoperative motor vehicle means an unlicensed motor vehicle or any motor vehicle which, due to disrepair or dismantling, is incapable of being driven safely upon a public street.

Loading area means that area used to satisfy the requirements of this chapter for truck loading and unloading.

Loading space means an off-street space or berth used for the unloading or loading of commercial vehicles.

Occupancy load means the maximum number of persons which may be accommodated by the use, as determined by its design or by fire code standards.

Parking aisle means that portion of the parking area consisting of lanes providing access to parking spaces.

Parking area means an improved area on a lot exclusively used or designed for use as a temporary storage area for motor vehicles, containing access driveways, parking aisles, and parking spaces.

Parking space means that portion of the parking area set aside for the parking of one vehicle.

(Zoning Ord. 2019, § 171, 6-24-2019)

Unless otherwise provided for, all uses shall conform with the minimum parking space requirements in Table VI below. In situations where the required number of parking spaces is not readily determinable by the below table, the zoning administrator is authorized to determine the parking space requirements, using the table as a guide.

Table VI. Required Off-Street Parking Spaces

(Zoning Ord. 2019, § 172, 6-24-2019)

(a)

The minimum parking space dimensions are as follows:

(1)

Each parking space shall contain a minimum rectangular area of nine feet in width and 19 feet in length, except as provided in subsections (a)(2) and (3) below.

(2)

In large parking areas of 20 or more parking spaces, up to 20 percent of the parking spaces may be reserved for compact cars. Such spaces shall contain a minimum rectangular area of eight feet in width and 16 feet in length. These spaces shall be conspicuously marked "for compact cars only".

(3)

Parallel parking spaces shall contain a minimum rectangular area of nine feet in width and 22 feet in length.

(4)

Stacking spaces shall contain a minimum rectangular area of ten feet in width and 20 feet in length and be separated from parking aisles and spaces.

(5)

Handicapped parking spaces shall be designed in accordance with the Standard Building Code, as amended.

(b)

Parking aisle widths shall conform to the following table, which varies the width requirement according to the angle of parking:

Table VII. Minimum Parking Aisle Widths

(c)

Parking areas shall be designed so that vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas that serve one or two dwelling units, although backing onto arterial streets shall be prohibited.

(d)

All parking areas adjoining a public right-of-way shall be physically separated from the right-of-way.

(e)

All lighting fixtures used to illuminate parking areas shall not direct lights on adjoining streets or properties.

(f)

Parking areas for all developments shall be so designed so that sanitation, emergency, and other public service vehicles can serve such developments without the necessity of backing unreasonable distances or making other dangerous turning movements. Fire lanes may be required by the fire code.

(g)

All parking areas in new construction and existing buildings if remodel and remodeling cost exceeds 50 percent of the value of the structure shall be surfaced with dust-free materials (asphalt or concrete), except that parking areas designated for employee use only and not accessible to the general public may be surfaced with crushed stone or an equivalent material.

(h)

Parking spaces (except those serving one or two dwelling units) shall be demarcated with painted lines or other markings.

(i)

All parking areas shall be maintained in good condition, i.e., free of pot holes, weeds, trash, etc.

(j)

Drainage in parking areas shall be addressed in the stormwater management plan, as required by article VI of this chapter.

(k)

Large parking areas of 40 or more spaces, except for those parking lots that are 70 feet or less in width and have landscaping on each side, shall provide, for each parking space, 12 square feet of landscaping within the parking area interior. One canopy (two-inch caliper minimum at planting) for each ten parking spaces shall be planted within the required landscaped area. Those parking lots that are 70 feet or less in width and have landscaping on each side shall provide, for each parking space, six square feet of landscaping per parking space.

(Zoning Ord. 2019, § 173, 6-24-2019; Ord. No. 593, § 2, 8-26-2024)

All required parking spaces shall be located on the same lot as the use served by the parking, except as provided below:

(1)

Required parking within planned residential developments may be provided in common parking areas.

(2)

If the number of required parking spaces cannot reasonably be provided on the same lot as the served use, satellite parking may be provided on an adjacent lot. The satellite parking spaces shall be located within 400 feet of the nearest public entrance to the building housing the served use. If the use is not housed within a building, satellite parking spaces shall be located within 400 feet of the lot. A satellite parking exception requires satisfactory written legal documentation that the user of such satellite spaces has the right to such spaces.

(3)

A joint parking area may contain required parking spaces for more than one use, provided the combined number of spaces complies with the required parking for all uses. If, however, the combined uses wish to make use of the same spaces at different times, the same spaces may be credited to each separate use. The applicant for a combined use facility must present satisfactory legal documentation of a combined parking agreement and, if sharing the same spaces, a time schedule for allocation of such spaces.

(Zoning Ord. 2019, § 174, 6-24-2019)

(a)

The keeping of an inoperative motor vehicle in a residential district shall be within a fully enclosed building or structure or be completely screened or shielded from public view.

(b)

No vehicle exceeding 7,500 pounds gross weight and no boats, trailers, recreational vehicles, campers, and similar equipment, regardless of weight, shall be kept within a residential district unless such vehicle is parked behind the front building line.

(Zoning Ord. 2019, § 175, 6-24-2019)

Required parking spaces may be provided in parking garages, roof parking on buildings, parking within buildings, and underground parking. Such parking spaces shall meet the parking space and aisle width requirements of this chapter.

(Zoning Ord. 2019, § 176, 6-24-2019)

(a)

Access to streets within the city shall be approved by the zoning administrator. The proposed location, width, drainage structure, traffic conditions, site distances, and surfacing shall be addressed in the request for approval.

(b)

Entrances shall be held to a minimum and be located at points affording maximum sight distances, minimum grades, and maximum separation. Combined or shared driveways and entrances or marginal access streets may be required for highway service uses along major streets.

(c)

Entrances to detached residential lots shall not be less than ten feet nor more than 20 feet in width. Entrances to all other developments shall be no more than 35 feet, or 18 feet per lane of travel, and no less than 24 feet, or 12 feet per lane of travel, in width, measured at the right-of-way line. The radius to increase the opening shall be not less than 15 feet but not more than 25 feet. A larger radius to accommodate truck traffic may be required.

(d)

The maximum number of entrances for each site shall be limited on the basis of street frontage as follows:

Table VIII. Entrance Limitations

(e)

Property which has frontage on two or more streets may be allowed entrances on each street in accordance with the above criteria.

(f)

The distance between openings shall be at least 150 feet, except for single-family detached lots and lots in the M1 district. The distance between openings in the M1 district shall be at least 75 feet.

(g)

Entrances shall be located so that the curb openings are a minimum of five feet from the nearest edge of a street drainage inlet and 50 feet from the corner radius.

(h)

Turning lanes or pavement widening at approaches to entrances may be required if deemed necessary by the city engineer to provide safe turning movements.

(i)

Each parking area on a lot shall be physically separated from an adjoining street right-of-way by a curb or equivalent barrier to control vehicular access to and from the lot. Such barrier shall be located at or along the front lot line, unless suitable barriers are located within the street right-of-way. Except for permitted accessways, such barriers shall be continuous.

(Zoning Ord. 2019, § 177, 6-24-2019)

Any use with a GLA of 6,000 square feet or more which requires deliveries and shipments must provide off-street loading spaces in accordance with the following table. In situations where the required number of loading spaces is not readily determinable by the table, the zoning administrator is authorized to determine the loading space requirement, using the table as a guide.

(1)

Every retail establishment, industrial use, storage warehouse, freight terminal, hospital, nursing home, or similar use shall provide off-street loading spaces, as follows:

Table IX. Required Off-Street Loading Spaces

(2)

Every public assembly use, auditorium, convention hall, exhibition hall, stadium, office building, funeral home, multifamily apartment buildings of 20 or more units, restaurants and hotels of 30,000 square feet or more, and similar uses shall provide off-street loading spaces, as follows:

(Zoning Ord. 2019, § 178, 6-24-2019)

(a)

Each loading space shall have a minimum rectangular area of 12 feet in width and 55 feet in length, exclusive of driving and maneuvering space. Each space shall allow vertical clearance of 14 feet in height.

(b)

No loading space shall be located within the required front yard or within five feet of any property line.

(c)

No loading space shall be used to meet the parking space requirement, interfere with the on-site circulation of traffic, nor allow a truck to extend into any right-of-way or over any property line.

(d)

All lighting fixtures used to illuminate loading areas shall not direct light on adjacent streets or properties.

(e)

All required loading spaces shall be located on the same lot as the principal use served by the spaces, unless a satellite or joint use loading facility is secured as per the guidelines established for satellite and joint use parking facilities in section 40-386.

(Zoning Ord. 2019, § 179, 6-24-2019)

When there is an alteration of a structure, an expansion of a use, or a change in use which increases the parking and loading requirements, the use shall conform with the off-street parking and loading standards of this chapter to the furthest practicable extent.

(Zoning Ord. 2019, § 180, 6-24-2019)

The intent of this division is to set minimum standards that reduce common conflicts associated with incompatible adjacent land uses and to protect natural boundaries. These standards seek to promote visual harmony, reduce noise, divert emissions, restrict passage, and enhance the natural environment, thereby providing for a compatible mix of otherwise conflicting uses of adjacent properties.

(Zoning Ord. 2019, § 190, 6-24-2019)

(a)

These standards are intended to encourage, not hamper, innovation in landscape and architectural design and shall be administered flexibly so as to give reasonable consideration to this objective.

(b)

These standards shall apply to all developments subject to site plan review. Where screening and buffer yards are required, the site plan shall explicitly describe proposed compliance with these standards.

(c)

Screening and buffer yard standards imposed by section 40-671 shall take precedence over the provisions of this division.

(Zoning Ord. 2019, § 191, 6-24-2019)

(a)

Acceptable screening materials include any combination of solid fencing (weather-resistant wood, brick, or decorative masonry), evergreen shrubs, or earth berms of a specified height. Planting of evergreen trees may also be required. Screening shall be continuously maintained, present an attractive exterior appearance, and in the case of fencing, be of durable construction.

(b)

The buffer yard shall be reserved solely for screening. No buildings or structures, except for necessary access driveways, shall be permitted.

(Zoning Ord. 2019, § 192, 6-24-2019)

(a)

Where a patio or garden home, townhouse, apartment, institutional, or office development adjoins a single-family residential lot, such development shall require a minimum screening height of eight feet and a minimum buffer yard width of 25 feet along the adjoining property line.

(b)

Where a commercial or industrial development adjoins a single-family residential lot, such development shall require a minimum screening height of eight feet and a minimum buffer yard width of 50 feet along the adjoining property line.

(Zoning Ord. 2019, § 193, 6-24-2019)

These screening and buffer yard standards shall be applied equally to all similarly classified and situated properties but may be modified or waived by the planning commission in certain cases where a site is subject to any of the following circumstances:

(1)

Natural land characteristics would achieve the same intent of this division.

(2)

Innovative landscape or architectural design is employed to achieve an equivalent screening and buffer yard effect.

(3)

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

(4)

The adjacent property is physically separated by an arterial street right-of-way.

(Zoning Ord. 2019, § 194, 6-24-2019)

(a)

The public has a legitimate interest and concern in the construction, maintenance, and regulation of outdoor advertising within the city. While the city acknowledges the legitimate public need for business visibility, local businesses must also recognize the legitimate public need for a beautiful and uncluttered community and the city's legitimate need to ensure safe traffic circulation on city streets.

(b)

Local experience within the city and within Gadsden, Atlanta, and Birmingham generally supports the contention that excessive, competing signage along public streets can create visual clutter, which makes it difficult for motorists to see traffic control and highway safety signs and to know where entrances to adjoining businesses are located. The city also has determined that excessive, competing signage can divert motorist attention from the highway, which contributes to traffic accidents.

(c)

Based on the foregoing, the city has determined that it is desirable to prescribe the manner of sign construction and to compel the use of safe materials; limit the number, type, surface area, height, and location of signs; and require clean and sanitary maintenance of signs in order to protect and promote the public health, safety, and welfare of the community.

(d)

In addition, these sign regulations are intended to lessen hazards to pedestrian and vehicular traffic; preserve property values; prevent unsightly and detrimental development which has a blighting influence upon the community; and, in general, preserve the character and aesthetic quality of the various zones within the city.

(Zoning Ord. 2019, § 210, 6-24-2019)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertiser means any person, corporation, or other entity that seeks to convey a visual or audio message to the public.

Animated sign means any sign which all or any part thereof visibly moves, imitates movement, or changes appearance in any fashion whatsoever.

Balloon sign means any device which is inflated by gas or air and intended to serve as a sign or to direct attention to a specific property or location.

Banner means a temporary sign intended to be hung either with or without a frame or suspended from wires, cables, or rope. Banners generally possess letters, characters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banners shall include pennants but shall not include official flags of a government entity or political subdivision.

Beacon or searchlight means any light with one or more beams, which may be stationary, moving, or rotating, directed into the atmosphere or directed at one or more points not on the same property as the light source.

Billboard means any sign owned by a person, corporation, or other entity that is erected for the purpose of selling, leasing, or donating the display space on that sign to an advertiser.

Building nameplate means a small memorial plaque, usually composed of metal or wood, affixed flush to an exterior wall near the main entrance of a building and bearing the name of the building or occupant, the date of construction, or the persons, entities, or corporations that financed its construction.

Canopy means any permanent roof-like structure projecting from the wall surface of a building or structure, generally located at or below the roofline and designed to provide shelter from the elements means a canopy shall include all structures commonly known as awnings and marquees.

Canopy sign means any sign attached to or made part of the front, top, or side of a canopy.

Copy means the permanent or removable wording or graphics placed upon, painted upon, or bonded to the display surface of a sign.

Erect a sign means to build, construct, attach, hang, place, suspend, paint, or affix a sign.

Exempt sign means a sign made exempt from a sign permit, in accordance with section 40-452.

Face means that portion of a sign upon which the copy is placed, attached, bonded, or painted.

Flashing sign means any lighted sign or sign containing a reflective surface which changes color, twinkles, or flashes regularly or intermittently. Flashing signs shall not include signs displaying the current time and temperature, as permitted by the city council, or traffic control signs.

Freestanding sign means any permanent sign that is either mounted independently upon the ground or supported by one or more columns or poles, and independent of support from any other building or structure on the site. Freestanding signs shall include, but shall not be limited to, all signs commonly known as ground signs, pole signs, pylon signs, A-frame signs, sandwich signs, and billboards.

Hanging sign means any sign which is attached to and projects down or dangles from a roof, canopy, or projecting brace that is attached to the face of an exterior building wall.

Historic marker means a sign prepared in accordance with National Trust for Historic Preservation guidelines and approved by the city council which identifies an historic landmark or district on the property. Such sign may contain a narrative describing the historic significance of the landmark or district.

Permanent sign means any sign, other than a temporary sign, designed with a permanent display face. If a sign face is permanent but the copy displayed is subject to periodic changes, that sign shall still be regarded as permanent.

Portable sign means any sign that is not attached to a stationary object or structure that has a footing or that is not implanted beneath the surface of the soil. Such signs are commonly mounted on wheels or a frame that rests upon the ground. Portable signs shall include vehicles or portions of vehicles upon which signs or sign copy have been affixed that are permanently parked or displayed in one or more locations to serve exclusively as a business advertisement.

Projecting sign means any sign containing not more than two faces, that is affixed directly to the exterior wall of a building or structure or to a solid brace or frame that is attached to the exterior wall of a building or structure in such a manner that the sign face extends outward from the wall surface.

Roof sign means any sign that is mounted upon, affixed to, or painted upon the roof of a building or structure or that extends above the building or structure roofline.

Sign means any identification, structure, illustration, or device, illuminated or non-illuminated, that is visible to the general public and directs attention to a product, message, service, place, activity, person, institution, business, or solicitation. The term "sign" shall also include any emblem, painting, flag, statue, banner, pennant, balloon, or placard designed to advertise, identify, or convey information to the public.

Sign area means that gross area, in square feet, of the advertising copy surface of a sign, as delineated by one continuous perimeter line, enclosing the extreme limits of the writing, representation, or other display. Where a sign contains multiple faces, only one face of the sign shall be used in computing the sign area.

Sign structure means any construction used or designed to support a sign.

Snipe sign means a sign of any material that is attached in any way to a utility pole, tree, fence, rock, or other similar object located on public or private property. Snipe signs shall not include real estate, political, yard sale, or printed signs, such as beware, keep out, posted, private property, or no trespassing.

Temporary sign means any sign fabricated of paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed for a limited duration. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

Traffic control sign means a sign or electronic device, such as a traffic signal or signs denoting stop, danger, handicap parking, one-way traffic, no parking, fire lane, etcetera, for the purpose of directing or regulating the movement of traffic or pedestrians.

Wall sign means any sign displaying only one face that is mounted flat upon, affixed flat to, or painted upon an exterior wall surface of a building or structure and is located entirely below the roofline.

Window sign means a temporary sign placed inside or upon a building or structure window and intended to be seen from the exterior of the building or structure.

(Zoning Ord. 2019, § 211, 6-24-2019)

For the purpose of determining the number of signs, each sign shall be considered a single display surface or display device containing elements organized, related, and composed to form a unit. Where copy is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. A multi-sided sign shall be considered one sign.

(Zoning Ord. 2019, § 211, 6-24-2019)

(a)

Except where this chapter explicitly exempts a sign, all signs erected shall require a sign permit issued by the zoning administrator. In addition, whether a sign is exempt or not, city building and electrical codes may require additional permits.

(b)

Each application for a sign permit shall include the following items:

(1)

Name, signature, and address of the property owner, authorized agent of the property owner, if any, and sign contractor.

(2)

Address of the property where the sign is to be erected.

(3)

Lot area, zoning, and principal land uses on the lot subject to erection of a sign.

(4)

A complete description of the signs to be erected, including, but not limited to, number, type, freestanding or attached, method of illumination, on- or off-premises display, and setbacks.

(5)

A dimensioned sketch of the sign and a plot plan showing the location of each sign on the lot.

(6)

Other details sufficient for the zoning administrator to determine compliance with the requirements of this chapter.

(7)

Application fee.

(c)

A $25.00 fee for the first sign and $10.00 for each additional sign shall accompany each application for a sign permit.

(d)

The zoning administrator shall inspect each sign authorized by permit to determine compliance with the permit application.

(Zoning Ord. 2019, § 212, 6-24-2019)

The following signs are exempt from required sign permits and all associated fees and are permitted in accordance with the standards contained within this section and any other applicable provisions of these sign regulations. All exempt signs are permitted in any district if related to a permitted activity on a lot:

(1)

Historic markers. Where approved by the city council.

(2)

Traffic control signs. Such signs may include legal notices required by law; warning signs and no trespassing signs; identification, informational, or directional signs erected by any governmental agency or public utility.

(3)

Directional signs. Such signs may indicate bus stops, taxi stands, off-street parking or loading facilities; other signs required for the control of vehicular or pedestrian traffic; restroom identification and direction; drive-through window direction; telephone identification; and similar directional information. Such signs shall not exceed four square feet in total sign area.

(4)

Flags. Any official flag of a government entity and banners of a religious, charitable or fraternal organization. This exemption shall include the supporting device or flagpole. However, no property shall display more than four flags without prior approval from the city council.

(5)

Artistic displays. Such displays may include decorative or architectural features of a building; public art works or displays; and similar artistic displays.

(6)

Real estate or rental signs. Each property may have up to one non-illuminated real estate or rental sign, containing a maximum of two sign faces in compliance with the following requirements:

a.

The maximum sign area shall not exceed six square feet for signs in a residential zone or 24 square feet for signs in a nonresidential zoning district.

b.

Multiple listing strips, sale pending, and sold signs shall be allowed when attached to the real estate sign, as long as the combined sign area does not exceed the maximum allowed in subsection (6)a of this section.

c.

One on-premises open house or open for inspection sign, not exceeding two square feet in sign area, may be allowed per property. Similar off-premises signs for directional purposes may be allowed at street intersections on other private properties with the consent of the property owner. These signs may not be erected within or upon a public right-of-way, and they must be removed when the premises are no longer open for inspection.

d.

All real estate signs shall be removed when ownership or occupancy of the property has changed and the property is no longer listed for sale, lease, or rent.

(7)

Construction site identification signs. Each construction site shall be allowed to erect not more than one non-illuminated, single face, temporary construction sign on a property which has been authorized for construction by the issuance of a building permit. Construction site signs shall not be allowed on properties where only one single-family or duplex home is to be constructed. Said sign shall be freestanding, and the sign area shall not exceed 20 square feet within any residential zone or 32 square feet within any nonresidential zoning district. Construction signs must be set back at least ten feet from all property lines. The sign may include the names of the persons and firms performing services or labor or supplying materials for the construction project. Any temporary construction sign shall be removed before a certificate of occupancy may be issued for any building or structures built on the property. Temporary construction signs for residential developments shall be allowed to remain erect until 75 percent of the total residential lots have been sold, or until a permanent identification sign has been erected, whichever occurs first.

(8)

Window signs. Properties not located within a residential zoning district (R-1, R-2, R-3, and MHP) may display window signs, provided that the sign area of any individual window sign shall not exceed 15 square feet and no more than 30 percent of the total surface area of any window may be obscured by window signs.

(9)

Political signs. A temporary political sign advertising campaigns of candidates for political offices or advertising, proposing, opposing, or relating views or positions upon a political question appearing or to appear upon an official election ballot may be erected in connection with elections or political campaigns. No political signs shall be allowed within or upon a public property. Political signs shall not be erected more than 90 days prior to the date of the election, whether general or special, for which the person or issue advertised, will appear on the ballot. Such signs must be removed within 15 days after the date of the election or run-off election (if necessary) has occurred.

(10)

Garage or yard sale signs. Temporary signs advertising the sale of personal property on a lot may be erected on the lot where the sale is to take place. Such signs shall not exceed four square feet in sign area.

(11)

Special event sign and decorations. A temporary or permanent sign indicating a special event such as a grand opening, traveling public exhibits, fair, carnival, circus, festival, personal announcements of births, marriages, birthdays, or similar events may be erected on the lot where the event is to take place, provided that such signs do not exceed the maximum applicable height and surface area requirements for the type of sign used and the sign is installed not more than 30 days prior to the event and removed not more than ten days after the event has occurred. Decorative flags, banners, and bunting shall be allowed only for city-wide celebrations, conventions, and commemorations when specifically authorized by the mayor and city council. This exemption also shall apply to decorative lights and displays celebrating any legal holiday.

(12)

Entrance or exit signs. Entrance or exist signs which have a maximum sign face length of three feet, a maximum sign face height of 1.5 feet, and a total maximum sign height of two feet. Only one entrance/exit sign shall be allowed per curb cut. Entrance/exit signs shall not be allowed in residential zones or for any single or two-family residential uses located within any zoning district.

(13)

Farm information signs. Such signs may include farm logos or product information affixed to vehicles, equipment, buildings, silos, and tanks, and similar nonfreestanding agricultural displays.

(14)

Vehicle signs. Such signs may depict identifying name, business, product, service, logo, and similar information painted or otherwise affixed to a registered vehicle that is in operating condition and is used regularly for business transportation. This exemption shall not apply to vehicles or portions of vehicles that are permanently parked in one or more locations to serve exclusively as a business advertisement. Such vehicles or portions thereof shall constitute a portable sign under the context of these regulations.

(15)

Building nameplates. Not more than one nameplate per nonresidential building, which shall not exceed two square feet in total sign area.

(16)

Legal notices and official instruments. Legal notices and instruments required by a government or public regulatory entity to be posted or displayed shall be exempt from all aspects of these regulations.

(Zoning Ord. 2019, § 213, 6-24-2019)

Except where qualified below, the following signs are specifically prohibited throughout the city:

(1)

Any sign or advertising structure which, by reason of location, position, shape, or color, interferes with, obstructs the view of, resembles, or can be confused with an authorized traffic control sign, signal, or device, or which incorporates the words "stop," "look," "danger," and "turn back," or any other word, phrase, or symbol or character that would interfere with, mislead, or confuse motorists.

(2)

Any sign incorporating any noisy mechanical device (whistles, horns, sirens, or any other noisy audible devices) or emitting smoke or steam.

(3)

Any sign of any type or support thereof placed, extending, or projecting into or upon a public right-of-way, except as expressly authorized.

(4)

Revolving signs.

(5)

Any sign located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private drives.

(6)

Any sign with illegal, obscene, or prurient words, scenes, or graphics.

(7)

Any sign that blocks another sign, fire escape, door, window, parking or loading aisle or space.

(8)

Any sign that is damaged or not in a structurally safe condition and good state of repair.

(9)

Roof signs.

(10)

Snipe signs.

(11)

Portable signs, unless approved by the zoning administrator for a grand opening or other special event, to be displayed only for the duration of the event.

(12)

Flashing signs.

(13)

Billboards.

(Zoning Ord. 2019, § 214, 6-24-2019)

(a)

Any sign or billboard copy identifying or announcing a use or business activity that has been abandoned, closed, or relocated, or which advertises a product, service, or entertainment the production, sale, or provision of which has been discontinued or canceled, shall be removed within six calendar months of the date of abandonment or discontinuance.

(b)

If a sign face is left blank for a continuous period of 30 days, that sign shall be considered abandoned, and within 30 days after abandonment the owner of the property where the sign is located shall cause the sign to be removed or replace the sign face or copy with an appropriate display or advertisement.

(Zoning Ord. 2019, § 215, 6-24-2019)

(a)

Grandfather status. Any permanent sign legally existing on or before the date of adoption of the ordinance from which these regulations are derived, or any future amendment thereto, that does not conform with the requirements of the ordinance from which this division is derived may be continued and maintained. All nonconforming portable or temporary signs shall be removed or replaced with a conforming sign within one year of the date of adoption of the ordinance from which this division is derived.

(b)

Alterations. A nonconforming sign shall not be rebuilt, expanded, or altered in a way that would increase the degree of nonconformity as it existed at the time the grandfather status was conferred. This requirement shall not be interpreted so as to prohibit proper maintenance of a nonconforming sign or changes to the copy of the sign that do not increase the existing degree of nonconformity.

(c)

Expiration. A nonconforming sign shall not be rebuilt or re-established after its use has been discontinued for a period of one calendar year, unless approved by the city council.

(d)

Damage repair. A nonconforming sign shall not be reconstructed or repaired to a nonconforming status if it has sustained damage exceeding 60 percent of the fair market value of the sign immediately prior to damage, unless approved by the city council. Fair market value shall be determined by the city council.

(e)

Notification. As soon as possible after the effective date of this chapter, the zoning administrator shall make reasonable effort to notify the person responsible for each such sign and inform such person of the nonconformity, required corrections to bring such sign into conformity, by what date the corrections need to be completed, and the consequences of failure to make the necessary corrections.

(Zoning Ord. 2019, § 216, 6-24-2019)

(a)

Canopy signs. In zoning districts where permitted, canopy signs shall be allowed on the vertical faces of any canopy, awning, or marquee that is located directly above a building entranceway. Under no circumstances shall the sign face or copy of any canopy sign be allowed to extend beyond the edges of the vertical face of a canopy, awning, or marquee. In addition, the following absolute dimensional requirements shall apply.

(1)

Maximum sign area per single canopy face: 24 square feet or 12 percent of building canopy square footage, whichever is larger but not to exceed 250 square feet.

(2)

Maximum sign face or copy height: One-half the height of the canopy or two feet, whichever is larger, but not to exceed six feet.

(b)

Freestanding signs. In zoning districts where freestanding signs are permitted, each lot of record may have not more than one freestanding sign. Freestanding signs shall be securely fastened to the ground or to some other metallic or concrete supportive structure so that there is no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. The city council may approve one additional freestanding sign for any existing lot of record that is accessed by more than one collector or arterial street on opposing sides of the property. Furthermore, if a development is located on a corner lot that has at least 100 feet of frontage on each of the two intersecting public streets, then, the city council may allow not more than one freestanding sign along each side of the development bordered by such streets. Freestanding signs shall be located as close as possible to the main traffic access to the property but shall not be located closer than four feet to the right-of-way of a public street. In addition, no freestanding sign shall be located less than 30 feet from another freestanding sign on the same side of the street. All freestanding signs shall comply with the following dimensional requirements.

(1)

Maximum sign area: One percent of the building's floor area or 80 square feet, whichever is larger, but not to exceed 250 square feet. However, the maximum sign area for a freestanding sign that will serve all businesses in a shopping plaza may be increased by an additional ten square feet per business.

(2)

Maximum sign height, including the supporting structure and sign face: 25 feet. However, the city council may increase the maximum height of a freestanding sign to ensure sign visibility from an adjoining public street, where the elevation of the street exceeds the elevation of the property by more than five feet at the point where the freestanding sign will be erected. In no instance shall the increased height allow the top of the freestanding sign face or copy to extend more than 20 feet above the nearest surface elevation of the paved street.

(3)

Maximum sign face or copy height: Eight feet.

(c)

Hanging and projecting signs. Zoning districts in which hanging or projecting signs are allowed, each building may have not more than one hanging or projecting sign per building wall that has a building entrance. Hanging or projecting signs may extend into a public right-of-way but shall not extend any closer than four feet to the inside face of a street curb or the outer edge of the paved travel lane of a street, whichever is applicable. Hanging or projecting signs shall be located as close as possible to the building entrance in accordance with the following requirements:

(1)

Maximum sign area: 12 square feet.

(2)

Maximum sign face or copy height: Four feet.

(3)

Maximum sign face or copy width: Three feet.

(4)

Minimum elevation from the bottom of the sign face or copy (including all supporting frames or braces) to the finished ground level directly beneath the sign: Eight feet.

(d)

Wall signs. In zoning districts where wall signs are allowed, no portion of a wall sign shall extend above the building roofline or beyond the edges of the wall. In addition, no portion of a wall sign shall obscure any portion of a window or entranceway to the building. Each wall sign shall be affixed flush to the wall and shall not project more than four inches away from the wall surface, exclusive of any approved lighting fixtures. The following dimensional requirements also shall apply to all permitted wall signs:

(1)

Maximum sign area of any individual wall sign: 7.5 percent for square footage of the wall where the sign is to be located or 24 square feet, whichever is larger, but not to exceed 250 square feet.

(2)

Maximum sign face or copy height: Four feet.

(Zoning Ord. 2019, § 217, 6-24-2019)

Within residential zoning districts (R-1, R-2, R-3, and MHP) the only signs that shall be allowed are those classified as exempt from these regulations under section 40-452 and residential subdivision entrance signs in accordance with the following requirements:

(1)

Permanent freestanding ground signs to residential subdivision developments may be erected at principal entrances to the project. One sign shall be permitted at each principal entrance to the development.

(2)

Entrance signs shall not exceed 20 square feet in sign area and five feet in height as measured from the base of the sign.

(3)

Entrance signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is no danger that either the sign or the supportive structure may be accidentally toppled or moved by the wind or other forces of nature and cause injury to persons or property.

(4)

Residential subdivision entrance signs shall not be illuminated, unless indirect illumination is afforded by a streetlight positioned at the entranceway.

(5)

Development entranceways, and, specifically, the area adjoining the entrance sign, should be appropriately landscaped and maintained to provide an attractive and inviting entrance to the subdivision.

(Zoning Ord. 2019, § 218, 6-24-2019)

All signs that are exempt from these regulations shall be permitted in any nonresidential zoning district in accordance with the conditions specified in section 40-452 of these regulations. In addition, owners of land within a nonresidential zoning district may erect any sign identified in section 40-456 of these regulations in accordance with all dimensional requirements prescribed therein. However, in no instance shall the cumulative total sign area for all signs permitted under section 40-456 that are erected on a single lot of record exceed the limits specified below for the applicable nonresidential zoning district. Where a lot of record is divided by two or more nonresidential zoning districts, the cumulative total sign area limitation of the more restrictive zoning district shall apply to the entire nonresidential zoned area of the subject lot of record.

(1)

AG Agricultural District: 60 square feet of cumulative total sign area.

(2)

NS Neighborhood Shopping District: 300 square feet of cumulative total sign area.

(3)

HC Highway Commercial District: 300 square feet of cumulative total sign area; exception: may be increased for shopping centers.

(4)

M-1 Manufacturing District: 200 square feet of cumulative total sign area.

(5)

PUD Planned Unit Development District: 72 square feet of cumulative total sign area.

(6)

FHZ Flood Hazard Zone District and L General Liquor Sales District: The total permitted cumulative sign area allowed shall be determined by the underlying zoning district requirements.

(Zoning Ord. 2019, § 219, 6-24-2019)

No permanent or temporary sign exceeding four square feet in area shall be permitted within the clear sight triangle of an intersection, as defined in section 40-324 or within 15 feet from the front lot line. This limitation may be waived if such sign does not obstruct visibility between a height of 30 inches and eight feet above the nearest street grade level or otherwise does not interfere with traffic visibility for entrance onto and exit from the lot and adjacent lots and the visibility of traffic flow through nearby intersections, as determined by the zoning administrator. In any event, no sign, regardless of size, height, or design shall extend into any right-of-way, except as expressly authorized.

(Zoning Ord. 2019, § 220, 6-24-2019)

(a)

All signs shall conform with city building codes, which provide a comprehensive set of construction standards for signs. These specifications include wind loads, vibration resistance, seismic loads, acceptable supports, allowable stresses, materials, and electrical wiring.

(b)

All signs and all components thereof, including structural supports, shall be kept in a state of good repair.

(c)

The area surrounding the base of any freestanding sign shall be kept clear of all debris and undergrowth.

(d)

No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation within any right-of-way (unless express written authorization is obtained from the agency having jurisdiction over the right-of-way) or on any area where landscaping is required by this chapter.

(Zoning Ord. 2019, § 221, 6-24-2019)

(a)

The public has a legitimate interest and concern in the placement and appearance of telecommunication towers, antennas, and satellite dishes under the Telecommunications Act of 1996, where such control does not conflict with or unreasonably constrain the legitimate right of businesses to exercise free trade. The city desires access to advanced technology to serve its businesses and citizens, but not at the expense of the community's overall appearance and public image. The city seeks to impose sensible controls on telecommunication facilities, in order to maintain the aesthetic character and charm of the community and its neighborhoods against the insensitive and uncontrolled proliferation and placement of wireless facilities.

(b)

New telecommunications towers should not create a cluttered landscape or dominate the community's skyline as it is viewed from the primary highway entrances to the city. To that end, the city desires to partner with telecommunications firms to ensure expansion of the existing telecommunications infrastructure that will provide effective advanced communications services throughout the city and surrounding environs, commensurate with local needs, with a minimal visual impact on the character and charm of the community, and without creating impediments to free competition among wireless telecommunications providers seeking to serve the city.

(c)

These regulations have been developed by the city to achieve the aforementioned objectives.

(Zoning Ord. 2019, § 230, 6-24-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antenna means an electromagnetic device which conducts radio signals, through an attached cable or wave guide, to or from a radio transmitter or receiver. The term "antenna" includes devices commonly known as "whips," "panels," and "parabolic dishes." The term "antenna" shall include 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.

Applicant means a party or parties who apply for a permit to construct a tower, to install an antenna on a proposed or existing tower, or to locate equipment on a proposed or existing tower compound.

Co-location site means a parcel of land or other site on which the antennas and related equipment of more than one party are located.

Communication facilities means towers, antennas, and associated equipment collectively.

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

FAA means the U.S. Federal Aviation Administration.

FCC means the U.S. Federal Communications Commission.

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

Monopole means any self-supporting wooden pole, metal, or concrete pole designed to support an antenna, provided that the term "monopole" shall 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.

Residential property means any land which is located in a Residential Zoning District—R-1, R-2, R-3, or MHP.

Surveyor means a person who is registered with, and licensed by, the State of Alabama as a surveyor.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and any other like structure used to support wireless telecommunications transmission facilities now or hereafter in use. As used in this section, the term "tower" shall include any telecommunication tower installed or constructed within the city prior to the effective date of this chapter, regardless of whether such tower is a monopole or another type of tower.

Tower compound means a parcel of land or a building on which communication facilities are located.

(Zoning Ord. 2019, § 231, 6-24-2019)

All communication facilities or structures greater than one meter in size, including, but not limited to, those facilities known as "cellular," "personal communication system (PCS)," "paging services," and similar services, shall comply with these regulations. However, the following shall be exempt from these regulations under the specified conditions:

(1)

Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the city, provided a license or lease authorizing such antenna or tower has been approved by the city council.

(2)

Amateur radio or receive-only antennas. Any tower, or the installation of any antenna that does not exceed the maximum height restriction of the applicable zoning district or 70 feet, whichever is less, and is owned and operated by a federally-licensed amateur radio station operator or is exclusively for receive-only antennas.

(3)

Preexisting communication facilities or towers. Any communication tower or antenna which was constructed prior to the effective date of these regulations, and which complied with all applicable state, federal, and local codes, laws, and regulations in effect at the time of construction; provided, however, that all preexisting communication facilities or towers shall submit a written request of exemption to the enforcement officer within six months of the effective date of these regulations. The written request shall state the name, mailing address, business and home telephone numbers of the owner, the street address and tax parcel identification number of the property upon which the communication facilities are located, and the date upon which construction of the facilities was complete. All written requests containing the required information shall be automatically approved if received within the above specified deadline.

(Zoning Ord. 2019, § 232, 6-24-2019)

All proposed communication facilities (towers and antennas) governed by these regulations shall comply with the following requirements and guidelines.

(1)

Compliance with FAA regulations. All proposed communication facilities shall comply with all applicable FAA requirements, including, but not limited to, part 77 of the Federal Aviation Regulations (FAR), as amended.

(2)

Compliance with FCC regulations. All proposed communication facilities shall comply with all applicable FCC requirements, including, but not limited to, the Telecommunications Act of 1996, as amended.

(3)

Structural safety. All proposed communication facilities shall comply with wind loading and other applicable structural standards contained in local building and technical codes, as they may be in effect and amended from time to time, including, without limitation, the Southern Standard Building Code and the Electronic Industries Association Code and any amendments thereto or replacements thereof, as may be adopted by the city council. The city's building inspector or his/her designee shall determine whether a proposed communication facility will comply with this requirement.

(4)

Appearance and view protection. All proposed communication facilities with the exception of proposed antennas that will be co-located on a preexisting tower shall be attractively camouflaged, disguised, or hidden in a manner that it will blend into the surrounding environment to the greatest extent possible. Examples of proper camouflaging include, designing a tower to resemble a tree, designing a monopole to look like and function as a flagpole or freestanding sign support, hiding an antenna within a church steeple, or any other effective means of disguising the appearance of a tower or antenna that may be appropriate for the setting in the area surrounding the proposed communication facility site. It shall be the burden of the applicant to document and prove that a proposed communication facility cannot be effectively camouflaged before approval of a noncamouflaged structure may be permitted by the city. In such instances, the applicant shall explore alternative means of minimizing the visual impact of the antenna, such as installing it onto an existing telephone pole, streetlight, or building rooftop, rather than erecting a new tower specifically for the proposed antenna. However, in no instance shall a noncamouflaged communication facility be approved for a residential property.

(5)

Signs prohibited. No signs or other forms of advertising, including signs displaying the name of the owner or user of the tower or antenna, may be attached to or depicted on a communication facility, unless the proposed facility is a new monopole specifically camouflaged and approved to serve as a permitted freestanding sign support. This prohibition shall not apply to any required warning or private property posting signs.

(6)

Construction materials. Where applicable building codes, technical codes, and federal regulations permit flexibility in the choice of construction materials and where the selection of alternative construction materials will not compromise the structural integrity of the proposed communication facility, proposed new towers and monopoles shall be constructed of materials that have a composition, texture, and color that will most closely resemble structures and natural features that exist on and adjoining the facility site.

(7)

Health effects. All proposed communication facilities shall comply with all applicable FCC regulations and requirements in effect to prevent detrimental health effects from the proposed communication facilities. Under the Telecommunications Act of 1996, the city cannot deny a request to construct a communication facility on the grounds that its radio frequency or electromagnetic emissions would be harmful to the environment or the health of residents if those emissions meet FCC standards.

(8)

Interference with existing communication facilities. All proposed communication facilities shall comply with all applicable FCC regulations and requirements in effect to prevent interference with existing communication facilities serving the area.

(9)

Siting requirements for whip antennas. Whip antennas shall not be allowed on a wall mounted antenna structure.

(10)

Co-location. No new tower or monopole shall be erected on a proposed communication facility site unless the applicant can document and prove that an existing co-location site is not available or is not technically capable of serving the specific telecommunication need in the area of the proposed site. This co-location requirement may be waived by the city where the proposed antenna would create an excessively cluttered appearance on the available co-location site (thereby drawing greater visual attention to the existing antenna site or creating a more imposing obstruction to scenic views and vistas from the area) and the proposed new antenna would be less visible or intrusive on the surrounding area if effectively camouflaged on an alternate site.

(11)

Setback requirements. All proposed communication facilities and structures, including guys and accessory facilities shall satisfy the minimum setback requirements of the zoning district in which they will be sited. However, all proposed tower compounds that will be located on a residential property shall be subject to an additional setback from all property boundaries of the site equal to the height of the tower structure as measured from the finished ground level at the base or pad surface to the tallest point of the structure. If the tower compound abuts a property with an existing or approved (but not yet constructed or completed) residential use, the residential property setback requirement shall be satisfied for all property boundaries of the site that abut the existing or approved residential uses.

(12)

Lighting. Towers may not be artificially lighted, except where required to satisfy applicable FAA regulations. Lights for security and to assist in making emergency repairs may be installed on buildings within the tower compound which contain equipment essential to the operation and maintenance of the tower. Such lights shall be shielded and directed in a downward direction from a height of not more than ten feet, and no such light may exceed a maximum of 150 watts. Such lights shall be located and directed so that they do not shine, reflect, or generate excessive glare onto or toward any residential property or adjoining property upon which a residential use exists or has been approved for construction.

(13)

Security fence. All communication facilities to be located within a proposed tower compound shall be secured by the construction of an eight-foot-high security fence or wall constructed, at a minimum, using chain link fencing.

(14)

Landscaping. All proposed tower compounds must be surrounded by a landscaped buffer which shall provide an effective year-round screen to a height of at least eight feet upon planting in order to screen views of the tower compound from adjacent public ways, residential properties, and properties upon which a residential use exists or has been approved for construction. The buffer shall include a landscaped strip at least four feet in depth located outside of the security fence or wall. The landscaped strip shall be planted with a combination of trees, shrubs, vines, and grown covers which are capable of attaining, at maturity, a height as high as the security fence or wall and which will enhance and screen the outward appearance of the security fence. The use of native species of plants and trees are encouraged to the extent that they will satisfy the requirement for adequate year-round screening. The applicant shall provide documentation to show what forms of vegetation will be planted within the landscaped area and how the area will be effectively maintained to ensure the long-term health of the plantings. Such documentation shall include the name, mailing address, and business telephone number of the party who shall be responsible for the maintenance and repair of the communication facilities and any fences, walls, and landscaped buffer areas. If the person or party responsible for such maintenance and repair changes any time after approval has been issued, the owner of the tower must provide the city's enforcement officer with written notice of the new party's name, mailing address, and business telephone number and the date upon which the change will become effective.

(15)

Communication facility siting priorities. When selecting sites within the city to locate proposed communication facilities or tower compounds, priority shall be given to locations in nonresidential zoning districts. Residential property sites shall be given the lowest possible consideration for new sites.

(16)

Access and parking. A driveway and parking area with a surface appropriate for the intensity of use shall be provided for each proposed tower compound to provide adequate access to the tower compound for the maintenance and repair of the communication facilities and for vehicles providing emergency services. Subject to the approval of the city council and to an appropriate agreement with the owner thereof, access and parking for the tower compound may be provided on an adjoining property or along one or more public streets adjoining the tower compound.

(Zoning Ord. 2019, § 233, 6-24-2019)

In recognition of the high standards for proposed communication facilities established by this chapter, allowances have been made for an efficient and, in certain instances, expedited review processes, where the applicant can demonstrate that a good faith effort to embrace and comply with the spirit and intent of these guidelines has been made in the design of the proposal. The three levels of review and approval and the types of projects that can be considered within each level are as follows:

(1)

Review and approval by enforcement officer. The following types of communication facilities shall be reviewed and approved by the enforcement officer without the need for a public hearing, provided the proposed improvements fully complies with all requirements specified in section 40-492:

a.

Any antenna (and associated cables and equipment) that will be co-located on an existing approved or registered preexisting tower, as long as the proposed antennas will not protrude at any point from the exterior surface of the tower by a distance of more than four feet and the tower will contain no more than five antennas if the application is approved. In addition, the supporting equipment for the proposed antennas shall not require the construction of any new freestanding structures on the tower compound.

b.

Any antenna (and associated cables and equipment) that will be sited in an existing structure that fully conforms with all applicable requirements of this chapter (not a nonconforming structure) and where, after installation, the antenna and all supporting equipment will be completely enclosed by the exterior walls of the structure or completely screened from public view at any point on the land within 2,000 feet of the proposed antenna. An example of such a scenario would be the placement of an antenna within the steeple of a church or the dome of a farm silo. The addition of the antenna and supporting equipment to the existing conforming structure shall not require the construction of an addition to house the communication facilities. However, interior modifications to the structure may be permitted as part of the approval by the enforcement officer.

(2)

Review and approval exclusively by city council. The city council shall have the authority to review and approve the following specific types of communication facilities and tower compounds, subject to the conduct of a public hearing, but without the need for a formal recommendation from the planning commission:

a.

Any antenna (and associated cables and equipment) that will be installed on a co-location site that does not fall within the approval authority of the enforcement officer, as specified in subsection (1)a of this section.

b.

Any new antenna (not including a tower) that will be attached to an existing structure that fully conforms with all applicable requirements of this chapter (not a nonconforming structure), but that would not otherwise fall within the approval authority of the enforcement officer as specified in subsection (1)b of this section.

c.

Any new monopole not greater than 30 feet in height and located in a nonresidential zoning district that is camouflaged or disguised in such a way that it cannot be immediately recognized as an antenna support.

d.

Any new antenna or tower to be located on property owned, leased, or otherwise controlled by the city and located within a nonresidential zoning district.

(3)

Review and approval by city council upon recommendation from planning commission. All applications not subject to review and approval by the enforcement officer in accordance with subsection (1) of this section or review and approval exclusively by the city council in accordance with subsection (2) of this section shall be subject to review and public hearings by both the planning commission and the city council. The planning commission shall review the application and issue a recommendation for approval or denial to the city council. Final review and approval or denial of the application shall be issued exclusively by the city council.

(Zoning Ord. 2019, § 234, 6-24-2019)

Review and approval of an application shall be conducted in accordance with the following procedures:

(1)

Preapplication consultation. Any applicant seeking to develop communication facilities or tower compounds that fall within the jurisdiction of these regulations may request an informal consultation with the enforcement officer or building inspector prior to the preparation and submission of a formal application. The purpose of this voluntary consultation shall be to answer specific questions about the process or applicable design requirements, discuss possible camouflaging or co-location options, or discuss application format options or potential supporting documentation submission needs. Any such consultation discussions must occur before a formal application is submitted to the city, shall be nonbinding on the applicant and the city, and shall not in any way constitute or be interpreted to constitute a decision to approve or deny an application.

(2)

Receipt of application. All required applications shall be submitted to the enforcement officer. Upon submission, the enforcement officer shall determine that the application contains all submission requirements specified in section 40-495 and is, therefore, complete. No incomplete application shall be received by the city for review and approval. Once the enforcement officer determines the application is complete, the application shall be determined to have been received by the city on that date.

(3)

Enforcement officer review. The enforcement officer or building official shall review a complete application within 31 days of the date of receipt. At the end of that review, the enforcement officer shall issue approval or denial for those aspects of the application that fall within the approval authority of the enforcement officer, as specified in section 40-493(1). If the application or any part of the application is denied, the enforcement officer shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations or the failure of the application to satisfy specific basic requirements and design considerations outlined in section 40-492. If the enforcement officer fails to render a decision on the application within the required 31 days, then aspects of the application subject to review and approval by the enforcement officer shall be deemed to be automatically approved without further consideration by the city. However, the city council may grant an extension to the 31-day deadline not to exceed an additional 31 days, due to extended illness or absence of the enforcement officer during the required review and approval period or the submission of an application that is too large or extensive to be reviewed by existing staff resources within the prescribed time frame. On the date that the enforcement officer's review period ends, any remaining portions of the application not subject to approval or denial by the enforcement officer shall be submitted to the city council or planning commission for action, as may be applicable. The forwarded application shall be accompanied by a written report from the enforcement officer regarding his/her assessment of the proposed communication facilities or tower compounds with the applicable requirements specified in section 40-492.

(4)

Planning commission and city council review. All applications or portions of applications requiring review and approval of the city council or planning commission in accordance with section 40-493(2) or (3) shall follow the same general guidelines as for an amendment to this chapter as specified in division 4, article VII of this chapter, with the specific exception that planning commission review shall not be required for applications that may be approved exclusively by the city council, in accordance with section 40-493(b).

(5)

Public hearing. The city council and, if necessary, planning commission shall each conduct one public hearing on the application at the earliest regular meeting date that will satisfy the public hearing notice requirements following the date of submission by the enforcement officer. The required public hearing shall be noticed in the same manner prescribed in section 40-670(a) through (c). At the hearing, the presiding body shall entertain a report from the enforcement officer regarding his/her assessment of the proposed communication facilities or tower compounds with the applicable requirements specified in section 40-492. A written copy of the enforcement officer's report shall be incorporated into the minutes of the public hearing, along with a written synopsis of all public comments received and an attendance sheet identifying the names and mailing addresses of every person who attended the public hearing.

(6)

Decision. The presiding body shall render a decision on the application within 31 days from the date that the public hearing is closed. For the planning commission, such decision shall be in the form of a written recommendation, along with a list of the findings of fact upon which the recommendation was based, to the city council for final action. If the planning commission fails to render a formal recommendation on the application within the required 31 days, then the application shall be transmitted to the city council for final decision with an automatic or implied recommendation of approval. If the city council fails to render a decision on the application within the required 31 days, then the application shall be deemed to be automatically approved without further consideration by the city. If the application or any part of the application is denied, the city council shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city council as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations or specific basic requirements and design considerations outlined in section 40-492 that the application fails to satisfy.

(Zoning Ord. 2019, § 235, 6-24-2019)

All applications to construct communication facilities that fall within the jurisdiction of these regulations shall provide adequate documentation to demonstrate compliance with all applicable basic requirements and design considerations specified in section 40-492. A single application may include any number of proposed tower compounds that will be located within the jurisdiction of this chapter, even though some of the proposed tower compounds may be subject to expedited review procedures as provided in section 40-493. Where an application includes tower compounds subject to different levels of review, the application may be divided into sections for each review category, within which all necessary supporting information for each proposed tower compound shall be provided. When portions of an application have been approved or denied through an expedited review process, that information and any terms of the approval or denial shall be noted and considered in the subsequent review procedures for the remaining portions of the application. The enforcement officer shall determine the number of application copies that must be submitted by the applicant, based on the number of parties who must review the application. One copy of the application shall be required for each of the following review agents, as may be required: the enforcement officer, building inspector (if such person is not the enforcement officer), planning commission (as a body), and the city council (as a body). At a minimum, each required application shall contain the following:

(1)

A completed zoning permit application form, including the required application fee.

(2)

A site plan of the tower compound, prepared by a surveyor, at a scale not less than one inch to 50 feet, showing the location, street address, tax parcel identification number, and dimensions of the parcel of land that will contain the tower compound, the location of all required setback lines, driveways, parking areas, buffers, fencing, landscaping, stormwater management improvements, fuel tanks (both above and below ground), and structures that exist or will be constructed on the property. If the property upon which a proposed tower compound will be located exceeds 100 acres in size, then the scale of the site plan shall be increased to one inch to 100 feet, or the enforcement officer may grant authority to the applicant to limit the site plan coverage to a specified area around the proposed tower compound.

(3)

Written proof of ownership of the proposed tower compound or authorization to use it.

(4)

A written report including a description of the proposed tower or antenna with the technical reasons for its design, a certificate from the project engineer documenting the structural integrity of the tower or antenna support for its proposed use including any co-located communication facilities that may already exist at the site, and an affidavit signed by the owner of the proposed communication facilities and the project engineer attesting compliance of the proposed communication facilities with all applicable FCC requirements with regard to any potential detrimental health effects that could be generated by the proposed facilities.

(5)

A silhouette and elevation view of the proposed tower (or the existing tower, if the applicant is seeking permission to install an antenna on an existing tower) and all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any security fence, decorative fence, and decorative wall. 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. The elevation view shall portray the general context and compatibility of the proposed facilities with respect to surrounding structures and natural features.

(6)

Copies of any proposed easements, where applicable to the project.

(7)

Documentation of the frequency band and wattage of the proposed communication facilities.

(8)

For each new monopole, tower, or antenna that is not otherwise located on a co-location site, a written report documenting the attempts made by the applicant to secure a suitable co-location site both within the city and in the adjoining unincorporated areas and any supporting technical reasons supporting the need for a new independent site.

(Zoning Ord. 2019, § 236, 6-24-2019)

(a)

To determine whether tower compounds are in compliance with the requirements of this chapter, the city shall make, or have made on its behalf, an annual inspection of the communication facilities on each tower compound and the walls, fences, and landscaping around each tower compound, for which an annual inspection fee of $200.00 shall be imposed. If more than one antenna is located on a tower, the annual inspection fee shall be $300.00.

(b)

The fee shall be due on January 1 of each year and shall be delinquent if not paid by January 31 of such year. To help defray the cost of collecting delinquent fees, an additional fee, in the amount equal to ten percent of the fee shall be payable for each month, or portion of a month, after January in which the fee remains unpaid.

(c)

If the fee is not paid within three months of its due date, the city may withdraw its permission for the location of communication facilities on the tower compound, in which event, all communication facilities must be removed from the tower compound within three months of the day on which the owner of the tower receive notice of such withdrawal of permission.

(d)

The fee shall be payable by and shall be the responsibility of the owner of the tower, even if additional antennas located on the tower are owned by other parties. If there is more than one owner of the tower, each owner shall be jointly and severally liable for the entire amount of the fee and any additional fees due because of delinquency in payment.

(e)

Any inspection conducted in accordance with these regulations shall not be relate to the safety or structural soundness of the communication facilities or tower. The purpose of the inspection shall be limited to determining whether such communication facilities and tower compound are in compliance with the provisions of this chapter.

(f)

Any violation of the provisions of this chapter that are discovered through the inspection shall be processed and resolved in accordance with the procedures specified in division 5, article VII of this chapter.

(Zoning Ord. 2019, § 237, 6-24-2019)

(a)

Any tower that is no longer serving an active communication use shall be removed at the owner's expense. The owner shall provide the enforcement officer with a copy of the notice to the FCC of intent to cease operations and remove the tower and all associated communication facilities from the site within three months from the date that all operations ceased.

(b)

When a tower serves as a co-location site, this provision shall not apply until all active users cease operation. If the owner of the tower fails to remove the tower as required, the responsibility for removal shall then apply to the owner of the land upon which the obsolete tower is located. Once the responsibility for removal has shifted to the property owner, the property owner shall remove the obsolete tower within one month of the date that tower owner's removal deadline lapsed.

(c)

If neither the owner of the tower nor the owner of the land removes the obsolete tower within the time prescribed herein, the city may, but shall not be obligated to, remove the obsolete tower. If the city removes the obsolete tower, it shall be entitled to recover the cost of removal from the owner of the tower or the owner of the land upon which the tower is located.

(Zoning Ord. 2019, § 238, 6-24-2019)

All satellite dishes exceeding one meter in diameter shall be considered structures required to be installed in accordance with all applicable provisions of this chapter, the city building code, and any other applicable regulations enforced by the city. All such dishes shall be located in the rear yard of the property and shall be set back from all property lines a distance equal to the height of the dish.

(Zoning Ord. 2019, § 239, 6-24-2019)

All appeals from a decision by the enforcement officer or city council shall be to the superior court or FCC as prescribed by the Telecommunication Act of 1996.

(Zoning Ord. 2019, § 240, 6-24-2019)