9.1.1.

No operation shall be located nearer than 300 feet from any established residential district.

9.1.2.

All outdoor storage of salvage and wrecking operations shall be conducted within an enclosed solid fence or wall as required by § 11.3, screening.

9.1.3.

The storage of salvaged or junk materials shall not exceed six feet in height from grade level.

9.2.1.

All cemeteries hereafter established shall have direct access to major streets with ingress and egress so designed to minimize traffic congestion.

9.2.2.

Any new cemetery shall be located on a site containing not less than ten acres. Structures shall be set back as required in the applicable district. All grass or burial lots shall be set back no less than 25 feet from any lot line.

9.3.1.

A home occupation shall be limited to the gainful occupation or profession conducted by members of the family residing entirely within the dwelling unit.

9.3.2.

No internal or external alterations shall be made which are not customary to dwellings. In any dwelling unit, all home occupations, collectively, shall not occupy more than 25 percent of the gross floor area of the dwelling nor exceed 500 square feet, whichever is more restrictive.

9.3.3.

The entrance to the space devoted to the home occupation shall be from within the dwelling.

9.3.4.

No display shall be permitted or goods or services that are visible from the outside of the structure except for one non-illuminated sign having an area of not more than two square feet, which may be placed flat on a door, wall or window only.

9.3.5.

Home occupations shall be limited to goods and services provided to individuals or groups not exceeding, at any given time, five in number.

9.4.1.

The site must have direct access to a major street with ingress and egress separated and marked to minimize traffic congestion.

9.4.2.

The theater screen shall not be visible from any public street within 1,500 feet.

9.4.3.

Automobile parking in the viewing area shall be effectively screened on all sides consistent with the standards in § 11.3, screening.

9.4.4.

All accessory structures shall comply with the yard setbacks required for principal structures in the applicable district.

9.4.5.

Off-street admission waiting space for patrons shall be equal to 20 percent of the capacity of the theater. The sale of refreshments and play area shall be limited to the use of patrons of the theater.

9.4.6.

No central loudspeaker system is permitted.

9.4.7.

All parking and access ways shall be adequately lighted; however, all lighting shall be shielded to prevent glare or reflection onto a public street or adjoining property.

9.5.1.

Buildings shall be set back no less than 50 feet from all street lines, except where pump islands and vehicular areas are located to the side and/or rear of the building in which cases the normal district setbacks shall apply.

9.5.2.

Gasoline pumping islands shall not be located closer than 30 feet to any street line; however, when pump islands are constructed perpendicular to the street, the pump island shall be located no less than 45 feet from the street line.

9.5.3.

Attached and detached canopies shall not extend closer than 15 feet from the street line.

9.6.1.

All electrical power substations shall be enclosed within a fence or wall or be so designed to be inaccessible to unauthorized persons. Electrical power substations in all zones except manufacturing districts shall be enclosed by a planting screen with a minimum height of six feet and otherwise in accordance with § 11.3, screening.

9.6.2.

Required setbacks for buildings shall apply to power substations and shall be measured from the fencing enclosure except that setbacks along property lines adjacent to streets and alleys shall not be less than 15 feet regardless of other setback requirements and that such enclosures shall not be constructed closer than ten feet to adjoining properties.

9.6.3.

Utility lines shall approach the substation from the side opposite the main traffic artery where possible. Distribution lines may be run underground from any orientation.

9.6.4.

Public or privately owned utility stations other than electrical power substations shall be enclosed by a planting screen of such height, depth and density to screen the structure from view. Fencing shall be required where such structures present hazards to animals or people. Structures extending above the ground in excess of two feet shall comply with the same regulations as required for power substations.

9.6.5.

Should the public utility company not be able to comply with the above regulations, it may submit a proposed site plan of the desired installation to the commission for approval and recommendations to the council. The site plan shall include those materials listed in appendix 1, as applicable.

9.7.1.

Intent:

1.

To provide flexibility to achieve the most effective development on lands constrained by natural hazards or environmental regulations, which may limit the amount or type of development;

2.

To enhance quality of life by promoting the creation of accessible green space;

3.

To protect sensitive, environmental land features to protect the health and safety of residents and neighboring property owners;

4.

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

5.

To promote construction of convenient walking trails, bike paths, and greenways within new developments that are connected to adjacent neighborhoods and activity centers to increase accessibility for pedestrians and bicyclists; and

6.

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

9.7.2.

Applicability. The conservation subdivision/development option is permitted for detached single-family and duplex development on sites of at least 15 acres and otherwise in accordance with table 6-1. The applicant shall comply with all other provisions of this ordinance and all other applicable regulations, except those incompatible with the provisions herein.

9.7.3.

Ownership of development site. If held in multiple ownership, the site shall be developed according to a single plan with common authority and common maintenance responsibility as approved by the city attorney.

9.7.4.

Density determination. The maximum number of lots shall be 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 any regulations applicable to the site that may limit its development density. In making this calculation, the following shall not be included in the total area of the parcel:

1.

Bodies of open water over 5,000 square feet of contiguous area; and

2.

Wetlands, as defined by the Army Corps of Engineers pursuant to the Clean Water Act.

9.7.5.

Application requirements.

1.

Site analysis map. Concurrent with the submission of a preliminary plat or site plan, the applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that important site features have been adequately identified prior to the creation of the site design, and that the proposed open space will meet the requirements herein. The plan shall include the following:

a.

Property boundaries;

b.

All streams, rivers, lakes, wetlands, flood hazard boundaries, and other hydrologic features;

c.

All boundaries of applicable regulated buffer areas, easements, and ROWs;

d.

Topography at five feet or smaller intervals;

e.

All primary and secondary conservation areas labeled by type, as described in § 9.7.6;

f.

General vegetation characteristics;

g.

General soil types;

h.

Planned location of protected open space;

i.

Existing roads and structures; and

j.

Potential connections with existing greenspace and trails.

2.

Conservation subdivision plan. The developer shall prepare a conservation subdivision plan, which yields no more lots than identified under § 9.7.4. The conservation subdivision plan may include lots that do not meet the size and setback requirements of the applicable district. The conservation subdivision plan shall identify all open spaces to be protected and include an open space management plan pursuant to § 9.7.6. The conservation subdivision plan shall be submitted, in full, prior to the issuance of a grading permit.

3.

Instrument of permanent protection. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in § 9.7.7, shall be placed on the open space at the time of issuance of a grading permit.

4.

Other requirements. The applicant shall adhere to all other applicable requirements of the applicable district and the subdivision regulations.

9.7.6.

Open space management plan. For the purposes of conservation subdivisions, "open space" is defined as the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of a legal instrument approved by the city attorney. Such open spaces shall be in accordance with the following:

1.

The minimum restricted open space shall comprise at least 25 percent of the gross tract area.

2.

The following are considered primary conservation areas and are required to be included within the open space, unless the applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of the conservation subdivision:

a.

The 100-year floodplain;

b.

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

c.

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

d.

Wetlands, as defined by the Army Corps of Engineers pursuant to the Clean Water Act;

e.

Existing trails that connect the site to neighboring areas; and

f.

Archaeological sites, cemeteries and burial grounds.

3.

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

a.

Important historic sites;

b.

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

c.

Individual existing healthy trees greater than eight inches caliper; and

d.

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

4.

Utility ROWs and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 25 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the open space.

5.

At least 33 percent of the open space shall be suitable for passive recreational use.

6.

At least 75 percent of the open space shall be in a contiguous tract, which may be divided by a local street whose area shall be excluded from the open space. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

7.

The open space shall be directly accessible to the largest practicable number of lots and/or buildings within the site. Non-abutting lots shall be provided with safe, convenient access to the open space.

8.

Open spaces may contain the following:

a.

Conservation of natural, archeological or historical resources;

b.

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

c.

Walking or bicycle trails constructed of porous paving materials;

d.

Passive recreation areas, such as open fields;

e.

Active recreation areas, provided that they are limited to no more than ten percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

f.

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

g.

Easements for drainage, access, and underground utility lines;

h.

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

9.

Open spaces may not contain the following:

a.

Golf courses;

b.

Roads, parking lots 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.

Impoundments; and

e.

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

10.

Ownership and maintenance of open space. See § 5.18.

9.7.7.

Legal instrument for protection of open space. The open space shall be protected in perpetuity by a binding legal instrument recorded with the deed. The instrument for permanent protection shall include clear restrictions on use of the open space, including all restrictions contained in this section, and any restrictions the applicant chooses to place on the open space. The instrument shall be one of the following:

1.

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall 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 section, and if the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall 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.

9.7.8.

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, the county tax assessor shall be requested to reassess the open space at a lower value to reflect its more limited use.

9.8.1.

Bed and breakfasts shall only be permitted in single-family detached dwellings, shall only be operated by the owner and resident of the dwelling, and shall comply with the following provisions:

9.8.2.

Use regulations.

1.

All guest rooms shall be located within the principal structure.

2.

Bed and breakfasts located in residential districts shall be limited to four guest rooms and shall not employ any individuals not residing on the premises.

3.

Individual guest rooms shall contain no cooking facilities, and no food preparation or cooking shall be allowed.

9.8.3.

Parking. For each and every approved guest room, there shall be provided one parking space, in addition to the spaces required for the residence. Such additional required parking spaces shall be screened from adjacent properties and arranged so that each space has direct access to a driveway.

No parking shall be permitted forward of the front building line except upon a driveway. Recreational vehicle parking shall be prohibited.

9.9.1.

Purpose. The purpose of these guidelines is to establish minimum considerations and criteria for the review of communication towers, hereafter referred to as towers. It is the commission's express intent that the construction of new towers be an option of last resort, to the extent feasible, location of antennae on existing towers, building rooftops, and other suitable structures should first be sought. These guidelines are designed to ensure the compatibility of towers with and avoid adverse impacts to nearby properties and discourage the proliferation of towers throughout the city.

9.9.2.

Applicability. All communication towers are subject to these guidelines except the following:

1.

Amateur radio, receive and transmit, antennas. This section shall not govern any tower, or the installation of any antenna, that is 100 feet or less in height and is owned and operated by a federally licensed amateur radio station operator from the operator's residence, or used exclusively and incidentally for the purposes to support a commercial business.

2.

Existing towers and antennas. If an additional antenna is co-located on an existing tower after the adoption of this ordinance, then security fencing and landscaping requirements are applicable as part of the permitting process except that operating existing towers shall not be subject to this provision if there is no increase in the height of the tower or of the antenna on such towers up to the towers' present structural capability.

3.

Residential satellite dish less than four feet in diameter.

9.9.3.

Definitions.

1.

Alternative-tower structure: clock towers, bell towers, church steeples, light/power poles, electric transmission towers, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

2.

Communication tower: 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 includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative communication tower structures, and the like. A tower compound is a tower(s) and other facilities.

3.

Antenna: A electromagnetic device, which conducts radio signals, through an attached cable or waveguide, to or from a radio transmitter or receiver. Typically this includes 'whips', 'panels' and parabolic 'dishes'. An electromagnetic device includes any exterior apparatus designed for telephonic, radio, or television.

4.

Antenna support structure: Any structure on which radio antennas and cabling can be attached. Typically this includes steel towers with guy-wires (guy towers), wooden, steel or concrete single poles (monopoles); self-supporting steel towers with three or four leg, (towers); rooftops of existing buildings or structures such as elevated water storage tanks.

5.

Cellular site: A parcel of land or building (leased or purchased) on which is located one or more transmitter/receiver stations for wireless communication systems, including accessory facilities for equipment storage and operations. In cases involving vacant land, or low-lying existing structures, a support structure for transmitter/receiver antennas are usually required.

6.

Height: Vertical distance from nominal ground elevation at base of tower to top of antenna or tower, whichever is higher.

7.

Mini-cellular site: A parcel of land or building (leased or purchased) on which is located one or more transmitter/receiver stations for wireless communication systems, such that towers and/or antennae do not exceed 20 feet in height above the existing structure, and 'whips', 'panels', and parabolic 'dishes, do not exceed 100 square feet. A mini-cellular site accommodates the use of existing structures such as buildings, billboards and water towers.

9.9.4.

Objectives. The proposed locations and design of all communications towers shall duly consider the following public health, safety, and general welfare objectives:

1.

Structural safety. The proposed tower will comply with wind loading and other structural standards contained in the city building code or other applicable standards as adopted by the city; so as not to endanger the health and safety of residents, employees, or travelers in the event of structural failure of the tower due to extreme weather conditions or other acts of God.

2.

View protection. The proposed tower facility will be designed to minimize adverse visual impacts to surrounding properties and the public right-of-way, given the topography of the proposed site and surrounding area.

3.

Land use compatibility. The proposed tower facility will be compatible with the surrounding land uses, given the character of use and development of the location.

4.

Design harmony. The proposed tower facility will be designed in harmony with the natural setting and the surrounding development pattern as well as to the highest industry standards

5.

Existing communication services. The proposed tower facility will comply with FCC and other applicable agency standards so as not to interfere with existing communications services to the area.

6.

Health effects. The proposed tower will comply with all applicable federal, state and county health standards so as not to cause detrimental health effects to persons in the surrounding area.

9.9.5.

Development criteria. The zoning official shall review all communications towers requesting permits for compliance with the applicable criteria listed below. Any of these criteria may be waived or adjusted by the commission if the circumstances of a particular case so warrant. In any event, these criteria are considered the minimum necessary to protect the public health, safety, and general welfare; the commission may impose higher standards if it deems necessary to further the objectives of these guidelines.

1.

Co-location. No new tower shall be established if space is structurally, technically and economically available on an existing tower, which would serve the area that, the new tower would serve. Documentation that reasonable efforts have been made to achieve co-location shall be submitted in accordance with § 9.9.6.4. Towers shall be designed to maximize share use to the extent possible, given the structural and technical limitations of the type of tower proposed. If feasible, each tower shall, at a minimum, be designed to accommodate a minimum of two shared users.

2.

Removal of obsolete towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the Scottsboro Planning Department with a copy of the notice to the FCC of intent to cease operations and shall be given 90 days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of single tower, this provision shall not become effective until all users cease operation. In the event an abandoned or unused tower and related facilities are not removed within 12 months of the cessation of operation at a site, the tower and related facilities may be removed by the city and the costs of removal assessed against the property.

3.

Setbacks. Towers shall be setback from all property lines a distance equal to its height. Guy wires and accessory buildings and facilities shall meet the minimum setback requirements of the zoning district. As an alternative to setback requirement for towers located in non-residential zoning districts, a statement from a registered engineer may be provided certifying that ,in the event of structural failure the tower would fall within the boundaries of the property. In all cases, towers shall be set back a distance equal to the height of the tower from a public right-of-way.

4.

Appearance.

a.

Towers shall maintain a galvanized steel, concrete finish or similar neutral finish so as to reduce the visibility or camouflage the structure, unless other standards are required by the FAA.

b.

The design of towers shall be of a type that has the least visual impact on the surrounding area.

c.

The design of a tower compound shall, to the extent possible, maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities with the surrounding natural setting and built environment. These guidelines are also required of roof- mounted towers, antennas, and related equipment co-locating on existing towers.

d.

Where communications towers are deemed appropriate for a given location, the type of tower shall be restricted to monopoles in or within 1,000 feet of residential areas and areas of special aesthetic concerns such as commercial revitalization areas, historic districts and scenic corridors.

e.

No signs or other forms of advertising is permitted on an antenna or tower unless for safety/security precautions.

5.

Lighting. Towers shall not be artificially lighted unless required by the FAA or other authority for safety purposes. Where required, the commission shall review the available lighting alternatives and approve that design that would cause the least disturbance to the surrounding views. "Dual lighting" (red at night/strobe during day) shall be preferred unless restricted by the FAA. Security lighting may be permitted in accordance with § 9.9.5.7, security devices, below.

6.

Landscaping.

a.

A landscaped buffer shall effectively screen the view of the tower compound from adjacent public ways and residential properties.

b.

The standard buffer shall consist of a minimum eight-foot-wide landscaped strip outside the perimeter security fencing. The buffer strip shall be planted with an attractive combination of trees, shrubs, vines, and/or groundcovers that can achieve the full height of the fence at maturity and enhances the outward appearance of the security fence. For sites within 1,000 feet of a residence, additional buffering may be imposed to include: a decay resistant, solid wood fence, earth berms and brick or masonry walls in addition to the security fencing. All fencing and landscaping shall be maintained by the lessor/owner. The commission shall approve buffer plan and type of plants proposed.

c.

In isolated non-residential areas, alternative landscaping methods may be accepted, such as the use of earth tone colored security fencing in combination with evergreen shrubs, trees, and/or other plantings.

d.

In certain locations where the visual impact of the tower would be minimal, such as remote, agricultural or rural locations or heavy industrial areas, the landscaping requirement may be reduced or waived.

e.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, preservation of substantial natural growth around the property perimeter may be a sufficient buffer.

f.

Cellular facilities utilizing underground vaults in lieu of above ground switching gear buildings shall be exempted from any buffer requirements.

7.

Roof mounted towers and antennas.

a.

Rooftop mounted towers and antennas may be located on any non-residential building.

b.

Such tower or antenna shall be setback from any residential zoning district a minimum distance equal to two times the full height of the tower and antenna, but in no event less than 100 feet.

c.

The building on which such tower or antenna is placed shall be at least 50 feet high and the tower or antenna will add no more than 20 feet total to the height of the building.

d.

Antennas shall not be mounted to extend horizontally beyond the face of the building.

8.

Principal, accessory and joint uses.

a.

Accessory structures used in direct support of a tower shall be allowed but not for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

b.

Towers may be located on sites containing another principal use in the same buildable area. In determining requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within a lot.

As long as all siting, setback, separation and general requirements of this ordinance are met, towers may occupy a parcel meeting the minimum lot size requirements for the zoning applicable district.

The minimum distance between a tower and the principal use located on the same lot shall be, for a monopole or lattice tower the greater of 20 percent of the tower height or 25 feet, and for a guy tower, the greater of 100 percent or 25 feet.

c.

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

d.

Towers constructed or antennas installed in accordance with this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

9.

Security devices. The facility shall be fully secured. A minimum eight feet high fence shall be installed around the perimeter of the compound. Security fencing shall require screening in accordance with § 9.9.5.4 above. Other security measures shall include locks and alarms.

10.

Access.

a.

Driveways and parking shall be provided to assure the operator's access to the facility for maintenance or emergency services. In some cases, parking/access may be from an adjoining alley, public street, or off street parking area.

b.

Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street except in non-residential areas, in which case access may be from the local street.

9.9.6.

Application. Any application submitted for approval shall submit the following items, in addition to any other required items, to show compliance with these review guidelines:

1.

Statement of impact on health, safety and welfare. A brief written statement shall address conformance with the health, safety and welfare objectives of these guidelines.

2.

Site plan. A scaled site plan shall show the location and dimensions of all improvements, including setbacks, drives, parking, fencing, landscaping, existing land uses and zoning districts of the surrounding area, and other information necessary to access compliance with the development criteria of these guidelines.

3.

Rendering. A rendering of the tower, accessory facilities, and compound shall show colors, materials, and treatment. If lighting or other FAA requirement for tower color is proposed, evidence of such requirement shall be submitted.

4.

Justification for new tower. A proposal for a new tower shall be documented by the applicant stating the planned equipment for the proposed tower cannot be accommodated on an existing tower or other alternative structure within the proposed service area. The applicant shall submit a written affidavit showing what attempts have been made to share an existing tower or that no such tower exists. The affidavit shall include evidence from a licensed professional engineer or qualified industry expert supporting such claim. The evidence shall include one or more of the following:

a.

That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area to meet the applicant's engineering requirements.

b.

That existing towers or structures are not of sufficient height or strength to meet applicant's engineering requirements.

c.

That the applicant's proposed antenna or existing towers and/or antennas would cause electromagnetic interference as a result of the installation of the proposed antenna.

d.

That the costs or contractual provisions required by the tower owner to share an existing tower or structure are unreasonable.

e.

That the applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

5.

Certification of shared use design. A qualified professional engineer, registered in the State of Alabama, shall certify that the proposed towers structural design can accommodate a minimum of two shared users, in accordance with § 9.9.5, Development Criteria.

6.

As built survey. A qualified professional engineer, registered in the State of Alabama, shall certify that the completed cellular site was built in accordance with the submitted site plan including the installation of any required buffer strip.

9.10.1.

Upper-story dwellings in mixed-use buildings shall be located on a floor level above a use of another type. Emergency egress and fire separation shall comply with all requirements of the building and fire codes.

9.10.2.

All upper-story dwellings, whether or not intended for occupancy by the owner of the use located below the dwelling, shall have an entrance separate from the associated use.

9.10.3.

Multi-family dwellings in a mixed-use building.

1.

No non-residential use shall be located on the same floor in the same building with any multi-family dwelling units.

2.

Multi-family dwelling units shall be accessible from a shared exterior entrance or one interior entrance commonly shared between the different uses housed in the upper floors of the building.

3.

Dwelling units shall not be accessible directly from another unit or use within the building.

9.11.1.

No storage of volatile, toxic or explosive materials shall be permitted, either inside the structure(s) or on the premises.

9.11.2.

Storage spaces shall not be used for commercial activities. However, this shall not include periodic auctions, which are held on the premises to dispose of items which have been abandoned and/or for which the lease time has expired.

9.11.3.

Screen fencing shall be installed around the perimeter of the development meeting the requirements of § 11.3, screening.

9.12.1.

Application of regulations. The provisions of this section shall apply to day care facilities providing service for part of a 24-hour day for children under 16 years of age, for the aged, or for persons who are disabled, by persons giving care (excluding care provided by relatives). Day care facilities shall include family day care homes, group day care homes, and day care centers. This section does not apply to baby-sitting or child day care service furnished in places of worship during religious services or related activities.

9.12.2.

General provisions.

1.

State regulation. All day care facilities shall comply with all applicable state regulations.

2.

Inspections. The building official shall have the right to enter and inspect the premises for compliance purposes after advance notice to the property owner.

3.

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

4.

Sewage facilities. Day care facilities using, or proposing to use, an on-site sewage disposal system shall obtain a written approval from the county health department.

5.

Fencing shall be provided to restrict children from hazardous areas, such as open drainage ditches, wells, holes, and adjacent streets. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children from these areas.

6.

Expansion to day care center. The care of more than 12 individuals at a time constitutes a day care center, which may require, in the case of expansion of a family day care home, to a district in which day care centers are permitted. When applying for rezoning, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), on-lot sewage disposal facilities, parking spaces, and the drop-off circulation pattern.

7.

Application and permitting procedure. Any individual proposing a family day care home shall submit an application for a day care home permit to the building official. If the application demonstrates compliance with this section, the building official shall grant the permit. Group day care homes shall only be permitted as special exception uses in accordance with § 13.6 and the provisions of § 9.12.3 below.

9.12.3.

Family day care homes and group day care homes. Day care facilities, operated within a residence, are not subject to the requirements for home occupations but shall comply with the general provisions of § 9.12.2 and of this § 9.12.3.

1.

Family day care homes shall:

a.

Only be permitted in single-family detached dwellings.

b.

Have a current state registration certificate (proof of registration renewal must be supplied to the city every two years).

c.

Have no external signage.

d.

Be limited to the care of no more than six children.

e.

Not receive children for care before 7:00 a.m. nor continue care after 7:00 p.m.

2.

Group day care homes shall be limited to no more than 12 individuals receiving care in accordance with applicable state regulations.

9.12.4.

Day care centers. In addition to the other provisions of this section, day care centers shall comply with the following:

1.

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

2.

A fence with a minimum height of four feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.

3.

On corner lots, access shall only be from the street of lesser classification.

4.

Play equipment shall be located at least ten feet from all lot lines.

5.

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