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Sheffield City Zoning Code

ARTICLE IV

DISTRICT REGULATIONS

Sec. 118-317. - SF-90 single-family residential.

(a)

Purpose. The SF-90 single-family residential district is established to protect the existing areas of primarily low-density, single-family residential development and to provide for and encourage similar or complimentary type development in the future together with associated recreational, educational and religious facilities.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.2, 9-21-1998)

Sec. 118-318. - SF-70 single-family residential.

(a)

Purpose. The SF-70 single-family residential district is established to protect the existing areas of primarily moderate density single-family residential development and to provide for and encourage similar or complimentary type development in the future together with associated recreational, educational and religious facilities.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.3, 9-21-1998)

Sec. 118-319. - SF-50 single-family residential.

(a)

Purpose. The SF-50 single-family residential district is established to protect the existing areas of primary medium density single-family residential development and to provide for and encourage similar or complimentary type development in the future together with associated recreational, educational and religious facilities.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.4, 9-21-1998)

Sec. 118-320. - R-G residential gardenhome.

(a)

Purpose. The R-G residential gardenhome district is established to provide for medium density single-family and two-family residential development accommodating patio homes (zero-lot line development patterns) with associated recreational, educational and religious facilities.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.5, 9-21-1998)

Sec. 118-321. - T-R townhouse residential.

(a)

Purpose. The T-R townhouse residential district is established to provide for moderate density residential development limited to duplexes and townhouses.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.6, 9-21-1998)

Sec. 118-322. - MF-1 multiple family residential.

(a)

Purpose. The MF-1 multiple family residential district is established to provide for multifamily residential development along major streets apart from existing single-family residential districts and to provide for their orderly development in the future.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.7, 9-21-1998)

Sec. 118-323. - O-I office and institutional.

(a)

Purpose. The O-I office and institutional district is established in order to provide areas where offices and institutional uses are allowed and developed in an appropriate manner to serve as a buffer between residential uses and business uses where retail sales or services are provided directly to customers.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.8, 9-21-1998)

Sec. 118-324. - B-1 neighborhood business.

(a)

Purpose. The B-1 neighborhood business district is intended primarily to serve the needs of the surrounding residential neighborhoods, providing goods and services that are day-to-day needs, generally classified by merchants as "convenience goods and services." Businesses that might be a nuisance to the immediately surrounding residential developments are excluded, even though the goods or services offered might be in the convenience category or classification.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.9, 9-21-1998)

Sec. 118-325. - B-2 general business.

(a)

Purpose. The B-2 general business district is intended to serve several functions. It provides central concentrations of goods and services for more than one neighborhood, comparison shoppers' goods, and convenience goods and services, specialty goods, amusements, and numerous services.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.10, 9-21-1998)

Sec. 118-326. - B-3 central business.

(a)

Purpose. The B-3 central business district is intended to serve as the historic central shopping area of the city offering comparison shoppers' goods, specialty stores, business services, banks and other financial institutions, restaurants, entertainment places, offices, theaters, hotels, governmental buildings, studios, ground floor and second floor multifamily uses such as townhouses, garden apartments, loft residential uses and retirement homes.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.11, 9-21-1998)

Sec. 118-327. - M-I light industrial.

(a)

Purpose. The M-1 light industrial district is established to protect existing light industrial uses; to provide for uses that are not offensive by reason of emission or creation of noxious odor, dust, fumes, gas, noise, or vibration, and to encourage the development of future light industrial uses.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.12, 9-21-1998)

Sec. 118-328. - M-2 heavy industrial.

(a)

Purpose. The M-2 heavy industrial district is established for heavy industrial uses that may be offensive or incompatible to commercial or residential development.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 98-0921, § 2.3.13, 9-21-1998)

Sec. 118-329. - PUD planned unit development.

(a)

Purpose.

(1)

The PUD planned unit development district is established for development constructed on a tract of property under single ownership or development scheme, planned and developed as an integral unit, and consisting of a mix of land use densities or uses on land designated as a planned unit development. There are three types of planned unit developments:

a.

Planned residential development (PRD). The planned residential development requires a minimum of two acres for the development and is limited to residential uses, including single-family detached and two-family dwellings, patio homes and townhouses.

b.

Mixed use development (MXD). The mixed use development requires a minimum of 50 acres for the development, and allows a wider variety of land uses including residential, commercial and industrial as limited by an approved conceptual plan.

c.

Resort mixed use development (RMXD). The RMXD requires a minimum of 50 acres for the development and allows a wide variety of land uses including residential, commercial, industrial, and recreational as limited by an approved conceptual plan.

(2)

Planned unit developments are authorized for the purpose of providing optional methods of land development; encouragement of unified building and site design; innovation in the grouping of land uses in a coordinated and compatible manner; and preservation of the natural environment.

(b)

Permitted uses and development standards—Planned residential development (PRD). Within a planned residential development (PRD) project, land uses are restricted to single-family detached dwellings, two-family dwellings, patio homes, and townhouses, along with normal and incidental accessory uses. The uses, density, development standards, and mixture of housing types permitted in a particular planned residential development (PRD) project shall be established at the time of rezoning of the planned unit development district for the property.

(1)

The planned residential development (PRD) project must contain a minimum of two contiguous acres of land under single ownership or development scheme.

(2)

All uses shall be permitted only in the location shown on the approved conceptual plan.

(3)

Not less than ten percent of the development's gross site area shall be maintained as permanent useable common open space.

(4)

No manufactured home or manufactured home community may be permitted.

(c)

Same—Mixed use development (MXD).

(1)

Within an MXD project, each individual area shall be designated for use and development under one of the other zoning district classifications of this article, and shall be controlled as to the use, development standards, and all other provisions of this chapter applicable to that zoning district classification. The uses, density, development standards, and mixture of zoning classification types permitted in a particular MXD project shall be established at the time of rezoning of the planned unit development district for the property.

(2)

The MXD project must contain a minimum of 50 contiguous acres of land under single ownership or development scheme.

(3)

All uses shall be permitted only in the location shown on the approved conceptual plan. Once constructed, any alteration to a given structure or change in a given use shall be governed by the regulations of that zoning district designated for the area on the conceptual plan.

(4)

Not less than ten percent of the development's gross site area shall be maintained as permanent useable common open space.

(5)

No manufactured home or manufactured home community may be permitted.

(d)

Same—Resort mixed use development (RMXD).

(1)

Within an RMXD project, multiple land use classifications including residential, commercial, recreational, and industrial may be blended and utilized as specified and limited by an approved master conceptual plan. RMXD projects are intended to promote economic development by the incorporation of tourism, hospitality, recreation, and entertainment industry elements. The uses and blends of zoning classification elements permitted in a particular RMXD project shall be established at the time of rezoning of the planned unit development district for the property. Density and development standards shall be established prior to the beginning of construction of any phase of the development. A sketch plan as described in section 118-159 shall be reviewed by the planning board and approved by the city council before any excavation or construction may begin.

(2)

The RMXD project must contain a minimum of 50 contiguous acres of land under single ownership or development scheme.

(3)

All uses shall be permitted only in the location shown on the approved conceptual plan. Once constructed, any alteration to a given structure or change in a given use shall be governed by the regulations of that zoning district designated for the area on the conceptual plan.

(4)

Not less than ten percent of the development's gross site area shall be maintained as permanent useable common open space.

(5)

No manufactured home or manufactured home community may be permitted.

(6)

The following maximum average densities shall be observed within an RMXD project:

a.

Multifamily dwelling—20 units per acre;

b.

Single-family dwelling—Six units per acre;

c.

Hotel or similar commercial activity—25 units per acre;

d.

Patio home—Ten units per acre.

(e)

Reversion for lack of progress. The applicant must submit a schedule of construction and begin construction of the development within two years from the time of the final approval. Failure to comply with the above development schedule shall constitute a violation of the development approval. Thus, the planning commission and city council may repeal the zoning approving the PUD planned unit development, thereby causing the property to revert to its original zoning classification or another classification as determined by the governing body.

(Ord. No. 98-0921, § 2.3.14, 9-21-1998; Ord. No. 2009-0202A, 2-2-2009)

Sec. 118-329.1. - MSR Muscle Shoals Reservation Overlay District.

(a)

Purpose. The MSR Overlay District is established to ensure alignment with the guiding principles set forth in the TVA Muscle Shoals Reservation Comprehensive Master Plan which is adopted by reference. The MSR Overlay District adds additional design guidelines and development standards to the underlying zoning designations of approximately 313 acres of the TVA Muscle Shoals Reservation annexed into the city. A major purpose of the MSR Overlay District is to enforce controlled design and aesthetics that favor a "common thread" architectural style and material elements consistent with the appearance of other MSR redevelopment and which complements the historical context of the MSR. To promote this purpose, large scale development under single ownership is preferred and encouraged.

(b)

Design guidelines and development restrictions. The MSR Overlay District is comprised of six distinct areas designated 1A; 2A; 3B; 5A; 5B; and 5C on the official zoning map. Design guidelines and development restrictions for each area are as follows:

a.

MSR area 1A design guidelines.

i.

Controlled design and aesthetics that favor a "common thread" architectural style and material elements consistent with appearance of other MSR redevelopment and which complements the historical context.

ii.

Exterior materials for any new building construction should consist of no more than 25 percent metal on each side of the building.

iii.

Preference for multiple, separate, and/or mixed retail/commercial destinations with building design/placement diversity.

iv.

Building, signage, and landscape design preapproval.

v.

Best management practices (BMPs) required.

b.

MSR area 1A development restrictions.

i.

No residential dwellings.

ii.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

iii.

At least 100-foot wide setback from existing exterior Hatch Boulevard and Reservation Road roadway boundaries with easements for utilities (underground only), signage, roadway expansion, and walking trails only; no building construction and/or parking allowed inside the setback.

iv.

Signage only allowed which promotes businesses within the development.

c.

MSR area 2A design guidelines.

i.

Controlled design and aesthetics that favor a "common thread" architectural style and material elements consistent with appearance of other MSR redevelopment and which complements the historical context.

ii.

Exterior materials for any new building construction should consist of no more than 25 percent metal on each side of the building.

iii.

Office park environment.

iv.

Environmental impact minimization integrated into design (woodlands integration/removal minimization, wildlife habitat protection, noise and lighting impact prevention, etc.).

v.

Retain/promote public access in select areas for bird-watching and walking trails and integrated with similar amenities in surrounding parcels, if any.

vi.

Building, signage, and landscape design pre-approval.

vii.

Best management practices (BMPs) required.

d.

MSR Area 2A Development Restrictions.

i.

No residential dwellings.

ii.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

iii.

No manufacturing and/or assembly of products.

iv.

No single "strip" developments; preference for master planned development with building design/placement diversity.

v.

Very low emissions.

vi.

At least 100-foot wide setback from existing external Reservation Road roadway boundaries with easements for utilities (underground only), signage, roadway expansion and walking trails only; no building construction and/or parking allowed inside the setback.

vii.

Signage only allowed which promotes businesses within the development.

e.

MSR area 3B design guidelines. Best management practices (BMPs) required.

f.

MSR area 3B development restrictions.

i.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

ii.

At least 100-foot wide setback from existing external Reservation Road roadway boundaries with easements for utilities (underground only), signage, roadway expansion and walking trails only; no building construction and/or parking allowed inside the setback.

g.

MSR area 5A design guidelines.

i.

Areas outside the MSRHD: Controlled design and aesthetics; preference for "common thread" architectural style and material elements consistent with the appearance of other MSR redevelopment; complements the historical context.

ii.

Exterior materials for any new building construction should consist of no more than 25 percent metal on each side of the building.

iii.

Building, signage, and landscape design preapproval.

iv.

Best management practices (BMPs) required.

h.

MSR area 5A development restrictions.

i.

No residential dwellings.

ii.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

iii.

No single "strip" developments; large-scale single structure or multi-structure.

iv.

At least 100-foot wide setback from existing external Reservation Road roadway boundaries with easements for utilities (underground only), signage, roadway expansion and walking trails only; no building construction and/or parking allowed inside the setback.

v.

Signage only allowed which promotes businesses within the development.

vi.

Very low emissions.

i.

MSR area 5B design guidelines.

i.

Areas outside the MSRHD: Controlled design and aesthetics; preference for "common thread" architectural style and material elements consistent with the appearance of other MSR redevelopment; complements the historical context.

ii.

Exterior materials for any new building construction should consist of no more than 25 percent metal on each side of the building.

iii.

Building, signage, and landscape design pre-approval.

iv.

Best management practices (BMPs) required.

j.

MSR area 5B development restrictions.

i.

No residential dwellings.

ii.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

iii.

At least 100-foot wide setback from existing exterior Reservation Road roadway boundaries with easements for utilities (underground only), signage, roadway expansion, and walking trails only; no building construction and/or parking allowed inside the setback.

iv.

Signage only allowed which promotes facilities within the development.

v.

Very low emissions.

k.

MSR area 5C design guidelines.

i.

Controlled design and aesthetics; preference for "common thread" architectural style and material elements consistent with the appearance of other MSR redevelopment; complements the historical context

ii.

Exterior materials for any new building construction should consist of no more than 25 percent metal on each side of the building.

iii.

Building, signage, and landscape design preapproval.

iv.

Best management practices (BMPs) required.

l.

MSR area 5C development restrictions.

i.

No residential dwellings.

ii.

All retention/detention basins and/or surface water features must be lined with approved separator materials.

iii.

Signage only allowed which promotes facilities within the development.

iv.

Very low emissions.

(c)

Permitted uses and development standards. Principal and accessory uses that are permitted in the MSR Overlay District are determined by the underlying zoning classification assigned to each area as designated on the official zoning map except as restricted in the foregoing design guidelines and development restrictions. Uses permitted by right or as special uses in the underlying zoning classifications are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Uses not already in existence in the MSR Overlay District are subject to review for approval under article II, division 5 of this chapter, notwithstanding the permitted uses of the underlying zone.

(Ord. No. 2015-0209, 2-9-2015; Ord. No. 2015-0526, 5-26-2015)

Sec. 118-329.2. - PPF parks and public facilities.

(a)

Purpose. The PPF parks and public facilities district is intended to designate areas for the retention of public lands necessary for open spaces, parks, playgrounds, trails and structures designed for public recreation and to provide areas for the location of buildings and structures for public education, governmental services, recreation and other public and semi-public uses.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 2015-0526, 5-26-2015)

Sec. 118-329.3. - NOS natural open space.

(a)

Purpose. The NOS natural open space district is intended to designate areas for the retention of natural open spaces that, due to their proximity to wetlands, shorelines, floodplains or critical habitat areas, are too sensitive for intensive use or development.

(b)

Permitted uses and development standards. Principal and accessory uses that are permitted in this zoning district by right or as special uses are listed in section 118-330, subject to certain limitations under divisions 2 and 3 of this article. Standards for structures and projects that are developed under this zoning district are contained in article V of this chapter.

(Ord. No. 2015-0526, 5-26-2015)

Sec. 118-330. - List of permitted uses.

(a)

Principal uses that are permitted by right, permitted accessory uses, and uses permitted as special uses are shown on the following table for each zoning district except a PUD planned unit development.

(b)

Certain restrictions that apply to specific principal uses are contained under division 2 of this article, while additional restrictions on certain accessory uses and structures are contained under division 3 of this article.

(c)

In a development zoned PUD planned unit development, each individual area on the conceptual plan for the development shall be designated under one of the other zoning districts contained in this article. Each such area shall be regulated as to the land uses permitted by right or as special or accessory uses in that zoning district.

(d)

Any use not shown as permitted in a zoning district is specifically prohibited. Other uses that are specifically prohibited are listed under division 2 of this article.

List of Permitted Principal Uses and Accessory Uses

(See divisions 2 and 3 of this article for restrictions that apply to certain principal and accessory uses.)

Use is permitted by right: X
Use may be permitted as a special use (see article II, division 5 of this chapter): O
Use is not permitted:

 

Principal Uses NAICS SF-90 SF-70 SF-50 R-G T-R MF-1 1 O-I B-1 2 B-2 B-3 M-1 M-2 PPF NOS
Residential
Basement dwelling X X X X
Bed and breakfast facility 721000 O O O O O
Boarding home 721000 O O O O
Congregate assisted living facility 623000 O O
Family assisted living facility 623000 O O O
Garden apartment building 531110 X O
Group assisted living facility 623000 O
Loft dwelling 531110 O X X X X
Nursing home 623000 O O
Patio home 531110 X X
Res. treatment facility - chemical 623000 O
Res. treatment facility - psychiatric 623000 O
Retirement community 531110 X O O
Rooming house 721000 X
Single-family detached dwelling 531110 X X X X
Townhouse 531110 X X O
Two-family dwelling 531110 X X X
Manufactured home community 531110 O
Retail or Wholesale Sales and Services
Alcohol (off-premises - liquor) 722412 O
Alcohol (off-premises - beer and wine) 722415 O O O
Alcohol (on-premises consumption), restaurant 722410 O X X
Alcohol (on-premises consumption), lounge 722411 O O
Alterations and tailor 315000 X X X X
Ambulance service 621910 X O X
Amusement place 713000 X O
Antique store, retail 453300 X X X
Apparel store 448000 X X
Appliance repair (small) 811000 O O
Appliance store 443000 X X
Artist studio/gallery 712000 453000 X X X O
Audio/Video equipment & accessories (excluding appliances) 443000 X X
Automobile service station 447000 811000 O
Automotive body shop 811000 O X
Automobile rental 532100 X X
Automotive sales 441000 X
Automotive service and repair establishment 811000 O X
Automobile towing service and storage 488000 O
Bakery, retail 445000 O X X X
Bakery, wholesale 424000 O X
Barbershop or beauty shop 812000 O X X X
Barber and beauty supplies and equipment sales 446000 X
Bait store or sales 451000 X X O
Bed and breakfast facility 721000 O O O O O
Bike shop sales and service (non- 453000 811000 X X X
Boat sales, marine supplies and 441000 441300 O O
Bookshop (less than 5,000 sq. ft.) 453000 O X X X
Book store (greater than 5,000 sq. ft.) 453000 X
Bowling alley 713000 X
Brewpub O X X
Brokerage and loan offices 523000 X X X
Building contractor's business 238000 O X
Building materials sales 444000 O X
Bus passenger station 485113 O
Business machines sales and repairs 443000 O X
Camera and photographic supplies 443000 X X
Carpet and floor covering 444000 X X
Carpet cleaning service 561000 X X
Carwash 812000 O
Caterer 722200 X X X
Clinic 621000 X X X
Clothing, wearing apparel and accessories (less than 5,000 sq. ft.) 448000 O X X X
Clothing, wearing apparel and accessories (greater than 5,000 sq. ft.) 448000 X X
Commercial recreation facility 713000 O O
Computer store 443000 O O X X
Conference facility O O
Consignment Shop 448000 O O O
Construction supplies and materials sales and distribution 423000 452000 811000 O X
Convenience gas station 447000 O O O
Convenience store 445000 O X X X
Curb market X O
Dancehall or music hall 713991 X X
Dance or music school 711000 O O O O X X X
Day care or night care center 624000 O O O O O O X O
Day care, family home 624000 O O O O O
Day care, group home 624000 O O O O O O X O
Delicatessen/ice cream/tea room 722200 O O X X X
Dental or medical offices 621000 X O X X
Discount variety store (less than 5,000 sq. ft.) Limited to sale of items which may be sold by any other use in this district) 453000 X X X
Discount variety store (greater than 5,000 sq. ft.) Limited to sale of items which may be sold by any other use in this district) 453000 X O
Drive-in theater 713000 O O
Driving range 713000 O O
Driving school 611000 O O O
Drugstore or pharmacy 446000 X O X X
Dry cleaners or laundromat, retail 812000 812310 O X X X
Electrical and plumbing contractors 238210 238221 O X
Electric repair shop 811000 O X
Express package service 492000 O X O X
Fabric store 453000 X X X
Fair, carnival, rodeo (outdoor) 711190 O O
Farm equipment sales 444000 O X
Farm produce market 445000 O X O
Feed and grain sales 444000 X O X
Food market (less than 5,000 sq. ft.) 445000 O X X X
Financial institution 522100 X O X X
Florist 453000 O X X X
Funeral home 812000 O
Furniture repair and upholstery 811000 O X O
Furniture store, retail (less than 5,000 sq. ft.) 442000 O X X
Furniture store, retail (greater than 5,000 sq. ft.) 442000 X X
Gift, card or gourmet shop (less than 5,000 sq. ft.) 453000 O X X X
Gift, card or gourmet shop (greater than 5,000 sq. ft.) 453000 O X X
Glass, automobile, plate, window, etc. 453000 238000 X X
Go-cart track 713000 O O
Grocery store 445000 O X X
Hardware store (less than 5,000 sq. ft.) 444000 X X X X
Hardware store (greater than 5,000 sq. ft.) 444000 X O
Health club or fitness center 713000 O O X O
Heating and air equipment sales and service 238222 O X
Hobby shop (less than 5,000 sq. ft.) 451000 O X X
Hobby shop (greater than 5,000 sq. ft.) 451000 X O
Home decor (less than 5000 sq. ft.) 453000 X X X
Home improvement center 444000 X
Home medical equipment rental and retail (including, but not limited to, oxygen and respiratory therapy equipment, wheelchairs, hospital beds, ambulatory aids, etc.) 532000 X O X X
Hotel 721110 O X X
Insurance office 524100 X X X X
Interior decorating/Frame shop 453000 X X X
Jewelry store, includes repair of jewelry, watches and clocks 453000 X X X
Kennel 812000 O O X
Laboratories, professional business 621000 X X O X
Laundry, commercial, linen or diaper service 812000 O X
Lawn mower and small engine sales and repair 811000 O O O
Locksmith 561622 O X X X
Manufactured home sales lot 453000 O O
Medical Cannabis Dispensary X O X X
Medical Cannabis Integrated Facility X O X O
Microbrewery X X X
Mobile home sales 453000 O O
Motel 721110 O
Motorcycle and ATV sales and service 441000 O
Music sales, recorded and printed 512000 X X X
Musical instruments sales 453000 X X X
Office, business 551000 X X X X
Office, medical or dental 621000 X O X X
Office, professional 541000 X O X X
Office equipment and supplies, (less than 5,000 sq. ft.) 453000 X X X
Office equipment and supplies, (greater than 5,000 sq. ft.) 453000 O X X
Optical sales 446000 X X X
Orthopedic brace and artificial limb sales 446000 X X X X
Package liquor store 445300 O O
Parking lot, commercial 531120 O X O O O
Pawnshop (includes cash title business) 423000 452000 O O
Pest control office/shop 561000 O
Pet shop 453000 O X O
Pet grooming 812000 O X O
Photographic studio 541000 O X X X
Plant nursery, garden supplies and landscape sales 444000 X X X
Pool hall/billiard parlor 713990 O O O
Printing and blue printing 511000 X X X
Radio/tv/cable station 515000 O X
Realtor's office 531000 X X X
Rental services establishment 532100 O O X
Rental services (commercial and industrial) 532100 X
Restaurant, carry out/take out/delivery 722200 O X X X
Restaurant, fast food/drive-in 722200 O X O
Restaurant, full service 722100 O X X X
Restaurant, equipment and supplies sales 453000 O O
School, commercial business or trade 611000 O O O X X O X
Shoe repair shop 811000 X X X
Shoe store 448000 O X X
Shooting range, indoor 713000 O O O
Shooting range, outdoor 713000 O
Skating rink 713000 O X O
Sporting goods store (less than 5,000 sq. ft.) 451000 X X
Sporting goods store (greater than 5,000 sq. ft.) 451000 X
Stone monument sales (may include cutting and 453000 O X
Tailor or seamstress shop 811000 O X X X
Tattoo parlor 812000 X
Taxidermist 711000 O O
Tire store 441300 O
Therapeutic massage, physical therapy 812000 X X X
Thrift Store 448000 O O
Tobacco store 453000 O O O
Toy store (less than 5,000 sq. ft.) 451000 X X X
Toy store (greater than 5,000 sq. ft.) 451000 X
Travel agency 812000 X X X X
Travel trailer/RV sales 441000 O
Theater (cinema or performing arts) 713000 O O O O O X X
Variety store 453000 O X X
Veterinarian, large animals 541000 X
Veterinarian, small animals 541000 O X X
Watch, clock and jewelry repair 811000 O X X X
Other retail sales or services businesses not listed above 453000 O O O O
Industrial and Manufacturing
Abrasives 327000 X
Acetylene gas manufacture and/or storage 325000 X
Air products manufacturing 339000 X
Alcohol distillation and/or storage 312000 X
Animal black, lamp black, bone black manufacturing 325000 X
Animal raising (small) 112000 X
Asbestos products manufacturing 327000 X
Asphalt products manufacturing 324000 X
Automobile manufacturing 336000 X
Automobile and truck body manufacturing 336000 X
Aviary 712000 X
Bakery (> 5 production employees) 311000 O X
Battery manufacturing 335000 X
Beverage manufacturing (does not include micro-brewery) 312000 X X
Blacksmith, metalworking shop 332000 X
Boat building, storage and service 336000 X X
Boiler or tank works 332000 X
Bottling works 333000 X X
Brewery X X
Brooms and brushes manufacturing 339000 X X
Butane and other liquefied petroleum gas products storage and sales 325000 X
Candy shop (> 5 production employees) 311000 O X
Cheese manufacturing 311000 X X
Clay and clay products manufacturing 327000 X X
Clothing manufacturing 313000 X X
Cold storage 493000 X
Concrete and concrete products manufacturing 333000 X X
Cotton compress 314000 X
Cotton ginning and baling 115000 X
Creamery (includes ice cream manufacturing) 311000 X X
Detergents, soaps and by-products using animal fat, manufacturing 325000 X
Disinfectant, insecticide or poison 325000 X
Distribution facilities 493000 O X
Drug manufacturing 325000 X X
Dyestuff manufacturing 325000 X
Electroplating 332000 X X
Equipment repair 811000 X X
Exterminator establishment 561000 X
Felt manufacturing 313000 X
Food products manufacturing 311000 X X
Foundry, (includes shredding process) 331000 X
Foundry, (excludes shredding process) 331000 X
Frozen food manufacturing 311000 X X
Fungicides manufacturing 325000 X
Gas and oil distributors 221000 O O
Glass manufacturing 327000 X X
Glass products manufacturing from glass stock 327000 X X
Grain drying or feed manufacturing from refuse, mash or grain 311000 X
Grain milling, storage and elevators 311000 X
Graphite manufacturing 335000 X
Hair products manufacturing or processing 326000 X
Hardware manufacturing 339000 X X
Hatchery 112000 X
Ice manufacturing and distribution 312000 X
Incinerators, landfills 333000 O
Insulation manufacturing or fabrication 326000 X X
Junkyard/salvage yard 811000 453300 O O
Laundry or dry cleaning plant (> 5 employees) 812000 O O X
Linoleum manufacturing 326000 X X
Machine shop 332000 X X
Mattress manufacturing and rebuilding 314000 X X
Meat or poultry processing 311000 O
Meat slaughtering and/or packing 311000 X
Metal ingots, pigs, casting, sheets or bars manufacturing 332000 X
Metal products fabrication 332000 O X
Millwork and similar wood products 321000 X X
Mini-warehouses 531130 X X
Mobile home manufacturing 336000 X X
Motion picture industry facilities 512000 O X X
Natural production uses; including extraction of oil, gas or other natural mineral deposits such as sand, clay or gravel. 212000 X
Novelty and souvenir manufacturing 339000 X X
Office equipment and supplies manufacturing 339000 X X
Oils and fats manufacturing; animal and vegetable 311000 X
Outdoor storage 493000 O X
Packing and gasket manufacturing 339000 X X
Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting, and wood filler manufacturing or fabrication 325000 X
Paper products manufacturing 322000 X
Paper, pulp, cellulose and rayon manufacturing 322000 X
Petroleum and petroleum products storage 493000 X X
Plastic fabrication 326000 X X
Plastics manufacturing 326000 X X
Potash works 212000 X
Printing and publishing (includes newspaper) 511000 O O O X X
Recording industry facilities X X X X X X
Recycling center 562000 O
Rock crusher 212000 X
Roofing contractor 238160 X X
Rubber or gutta-percha manufacturing, processing or reclaiming 326000 X
Sawmill or planing mill 321000 X
Shoe manufacturing 316000 X X
Shoe polish or stove polish manufacturing 325000 X
Sign making company 339000 O X
Soda and washing compound 325000 X
Stone works or monument works 238000 O X
Sugars and starches manufacturing 311000 O X
Syrup manufacturing 311000 O X
Tar manufacturing or distillation 324000 325000 X
Textile mill 313000 X X
Tire recapping 326000 X X
Tool and dye manufacturing 333000 X X
Toy manufacturing 339000 X X
Trailer manufacturing 336000 X X
Transmitting tower 517000 O O O O X O
Truck or train terminal 488000 O X
Warehousing and distribution 493000 O X X
Welding shop 332000 X X
Well drilling company 213000 X X
Wholesale trade establishment 423000 424000 O X
Wood processing machinery 333000 X X
Other manufacturing uses not listed herein or otherwise prohibited. 339000 O O O
Semi-Public Uses and Governmental
Art gallery or museum 712000 O X X X O
Cemetery, mausoleum 812000 O O O O O
City hall X X
Churches and places of worship 813000 O O O O O O O O
Club or fraternal organization 813000 O O X X
Carnival or circus or petting zoo; as a temporary permit issued by the building official; such permit to be good for a period not exceeding 7 days and renewal for not more than one such period. 711190 X X X X
Coliseum, stadium 711000 O O O O
Community center or indoor recreation facility, municipal X X X X X X X X X X X
Conference facility 531120 O O X O O
Correctional or penal institute 922000 X X
Court house X X X
Event center O O O O O O O O O O O O O
Fire station X X X X X X
Golf course 713000 O O O X O
Golf course, miniature 713000 X O O
Hospital 622000 O O
Library 519000 O O O X X X X X
Other municipal offices O O X X X
Park or playground 712000 O O O O O O X X X X X X X O
Passive open space uses X X X X X X X X X X X X X X
Police station/substation X X X X X X
Rehabilitation center 622000 O O O O
School, college 611000 O X O X
School, K-12, special education O O O O O X X X
School, pre-school 611000 O O O O O X X X
School, vocational 611000 O X O O X
Street and sanitation office and shop X X
Theater, outdoor 713000 O O O O X
Water park 713000 X X
Zoo or animal park 713000 X O
Utilities, Transportation and Communication
Electric substation X X X X X X X X X X X X X
Gas regulator station X X X X X X X X X X X X X
Pipeline or electric line: Rights-of-way for pipelines or electric lines over and across private property X X X X X X X X X X X X X O
Railroad right-of-way: But not including shops, yards, team tracks X X X X X X X X X X X X X
Water storage X X X X X X X X X X X X X
Water or sewage pumping station X X X X X X X X X X X X X
Wireless communication facility (subject to chapter 118, article VI, Code of the City of Sheffield) X X X X X X X X X X X X X
Other Uses
Airport O O
Heliport O O
Racetrack O O
Accessory Uses
Automobile repair for new car dealer 811000 X
Carwash at service station or gas station 812000 X
Children's playhouse X X X X X O
Guesthouse O O O
Home occupation X X X X X X X
Helicopter landing pads O O O O
Night watchman residence O O O O O O O
Outdoor display area X X X
Outdoor storage O O X
Parking area or garage 812000 X X X X X X X X X X X X
Personal greenhouse or vegetable garden X X X X X X
Recreation facility, private X X X X X O
Rectories, parish houses X X X X X X O
Stable 713000 O O

 

1 Not less than ten percent of a development's gross site area shall be maintained as common open space.

2 No business in the B-1 district shall have a gross floor area of more than 2,500 square feet.

(Ord. No. 98-0921, § 2.4, 9-21-1998; Ord. No. 99-0215, § 1, 3-1-1999; Ord. No. 2003-0908, § 1, 9-8-2003; Ord. No. 2008-0317, § 1, 3-17-2008; Ord. No. 2009-0202A, 2-2-2009; Ord. No. 2009-0709B, 7-20-2009; Ord. No. 2009-1207, §§ 1, 2, 12-7-2009; Ord. No. 2010-1220, 12-20-2010; Ord. No. 2011-0711, 7-18-2011; Ord. No. 2013-1021B, 10-21-2013; Ord. No. 2015-0209, 2-9-2015; Ord. No. 2015-0526, 5-26-2015; Ord. No. 2016-0906, 9-9-2016; Ord. No. 2023-0320B, 3-24-2023; Ord. No. 2021-0426A, 4-26-2021; Ord. No. 2024-0102B, 1-2-2024)

Sec. 118-331. - Regulations governing requests for reasonable accommodation under the Fair Housing Act.

(a)

Purpose. It is the policy of the City of Sheffield, pursuant to the Fair Housing Amendments Act of 1988, to provide persons with disabilities and all other FHA-protected persons, including providing reasonable accommodations in the application of its zoning laws pursuant to federal and state law to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions and procedures regulating the siting, funding, development, and use of housing for people with disabilities. In these regulations, "use of housing" includes, but is not limited to, housing related services and the use and enjoyment of the property.

(b)

Definitions.

(1)

Act—The Fair Housing Amendments Act of 1988.

(2)

Applicant—The individual making the request for reasonable accommodation pursuant to these regulations.

(3)

Code—The City of Sheffield's Municipal Zoning Code, which sets forth the jurisdiction's land use and zoning regulations.

(4)

Department—The City of Sheffield's Building Department, which is responsible for administering requests for reasonable accommodation pursuant to these regulations.

(5)

Designee—The City of Sheffield's Board of Adjustments and Appeals is designated to make determinations on fair housing accommodation requests pursuant to these regulations.

(6)

Disability—Any person who has a physical or mental impairment that substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act, unless they have a separate disability.

(c)

Notice to the public of availability of accommodation process. At all counters where application is made for a permit, license, or other authorization for the siting, funding, development, or use of housing, notice in the form set forth in Exhibit A shall be prominently displayed advising applicants that they may request a reasonable accommodation of existing rules, policies, practices, and procedures. Forms for requesting an accommodation shall be available in all departments where decisions are made regulating the siting, funding, development, and use of housing.

(d)

Requesting reasonable accommodation.

(1)

In order to make specific housing available to an individual with a disability, any person may request a reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development, or use of housing to completing the "Fair Housing Accommodation Request" form (Exhibit B) and filing it with the department.

(2)

If an individual needs assistance in making the request for reasonable accommodation, the department shall provide the assistance necessary to ensure that the process is accessible to the applicant.

(3)

A request for reasonable accommodation in rules, policies, practices, and/or procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing at the outset or during the approval process.

(e)

Review of requests for reasonable accommodation.

(1)

When a request for reasonable accommodation is filed with the department, it is referred to the commission for review and consideration. The commission shall issue a written decision within 30 days of the date of the application and may grant the reasonable accommodation request or deny the request. See Notice of Decision on Fair Housing Accommodation Request form (Exhibit C) for commission's use.

(2)

If necessary to reach a decision on the request for reasonable accommodation, the commission may request further information from the applicant consistent with the Act, specifying in detail what information is required.

(3)

Not more than 30 days after receiving a written request for reasonable accommodation, the commission shall issue a written decision on the request; provided that, in the event that the commission requests further information pursuant to the above paragraph, the running of this period shall be tolled (stopped) until the applicant responds to the request.

(f)

Factors for considering requests for reasonable accommodation.

The commission shall consider the following criteria when deciding whether a requested accommodation is reasonable:

—Is the housing, which is the subject of the request for reasonable accommodation, to be used by an individual protected under the Act?

—Is the request for accommodation necessary to make specific housing available to an individual protected under the Act?

—Would the requested accommodation impose an undue financial or administrative burden on the jurisdiction?

—Would the requested accommodation require a fundamental alteration in the nature of a program?

These factors are designed to elicit the factual information necessary to balance the city's interest with the need for housing. It is legitimate for a city to consider the type of neighborhood expressed in its zoning and comprehensive plan designations (irrespective of the type of structure involved or the actual surrounding uses).

The following will be considered when reviewing a request for reasonable accommodation:

—Health and public safety

—Occupancy standards (number of people per square feet of sleeping area)

—Existing

—Building permits (house must meet building code standards)

—Residential neighborhood or zoning district

—Residential character of a house (interior and exterior should be consistent with single family use with sufficient common areas, kitchens, and bathrooms)

—Parking (access to public transportation, off-site parking, nature of disability with respect to likelihood of driving, development of alternative parking plan)

—Licenses as required by state or federal regulatory agencies

(g)

Written decision on the request for reasonable accommodation

(1)

The commission's written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the commission's findings on criteria set forth in subsection (f) above. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth below. The commission's notice of decision shall be sent to the applicant by certified mail.

(2)

If the commission fails to render a written decision on the request for reasonable accommodation within the time period allotted by subsection (e) above, the request shall be deemed granted.

(h)

Appeals.

(1)

Within 30 days of the date of the commission's written decision, the applicant may appeal an adverse decision by filing the appeal of denial of fair housing accommodation request form (Exhibit D).

(2)

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. If an applicant needs assistance in filing an appeal, the department shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

(3)

All appeals shall contain a statement of the grounds for the appeal.

(4)

Nothing in these regulations shall preclude an aggrieved individual from seeking any other state or federal remedy available.

NOTICE OF FAIR HOUSING ACCOMMODATION PROCEDURES FOR PEOPLE WITH DISABILITIES

THIS IS NOT A COMPREHENSIVE EXPLANATION OF YOUR RIGHTS UNDER THE FEDERAL FAIR HOUSING AMENDMENTS ACT.

You may request a reasonable accommodation to rules, policies, practices and procedures for the siting, development and use of housing, including housing related services or facilities, if you meet all of the following:

• you have a disability* or the housing is for people with disabilities;

• you may need a reasonable accommodation to existing rules and regulations to have equal opportunity to housing AND;

• your request for accommodation would not be an undue burden on the city or county.

If you believe that you satisfy the above criteria and are entitled to a reasonable accommodation under the Fair Housing Amendments Act of 1988, you may obtain a Fair Housing Accommodation Request form from the front desk. If you need assistance in applying for a reasonable accommodation, the Department will assist you.

*The Fair Housing Act defines "disability" as any of the following: a physical or mental impairment that substantially limits one or more major life activities; a record of having such an impairment or; being regarding has having such an impairment. The Fair Housing Act does not protect individuals currently using illegal substances, unless they have a separate disability.

EXHIBIT A

FAIR HOUSING ACCOMMODATION REQUEST

EXPLANATION OF RIGHTS UNDER THE FAIR HOUSING AMENDMENTS ACT

Before completing the request for a reasonable accommodation, below, please read the following information about who is protected by the Fair Housing Amendments Act and what accommodation may be available under the law. This is not a comprehensive explanation of your rights under the Fair Housing Amendments Act.

Do the protections of the Fair Housing Amendments Act apply to me?
You are protected by the Fair Housing Amendments Act if you have a disability or the housing is for people with disabilities. "Disability" means any one of the following: a physical or mental impairment that substantially limits one or more major life activities or a record of having such an impairment or being regarded by others as having such an impairment. The Fair Housing Amendments Act does not protect an individual currently using illegal substances, unless that person has a separate disability.

What kind of accommodation may I request under the Fair Housing Amendments Act?
If you have a disability or the housing is for people with disabilities, the Fair Housing Amendments Act requires that the city or county provide you with reasonable accommodation in rules, policies, practices and procedures that may be necessary for people with disabilities to have equal opportunity to use and enjoy a dwelling. More specifically, the city or county must provide you with reasonable accommodation in decisions and procedures regulating the siting, funding, development or use of housing, including housing related services or facilities.

How do I request reasonable accommodation from the City or County?
To make a request for reasonable accommodation, answer the questions on the attached one page request form, sign and date the form and return it to the Department. If you need help in answering the questions on the request form, you may ask for assistance from the Department. Your accommodation request will be reviewed by the designee who will issue a written decision on your request within thirty (30) days of the date of the request. If the designee does not issue a written decision within 30 days, your request will automatically be granted. If the designee needs additional information consistent with the Fair Housing Amendments Act to consider your request, the 30 day time period will stop running until you respond to the request.

What if my request for reasonable accommodation is denied?
If your request for accommodation is denied, you may appeal the adverse decision by filing a Notice of Appeal with the appeals designee within thirty (30) days of the decision. You may request reasonable accommodation in the procedure by which an appeal may be conducted. You may also contact your local fair housing or disability rights organization or legal services office for further assistance. Nothing in this accommodation request procedure limits your right to any other available state or federal remedy.

EXHIBIT B

APPLICATION FOR REQUEST FOR REASONABLE ACCOMMODATION

NOTE: If you need help in completing this request form, the Department will assist you. Please contact the person at the counter where you received this request form for assistance.

1. Name of Applicant       Telephone Number

_____

2. Address

_____

3. Address of Housing At Which Accommodation Is Requested

_____

4. Describe the accommodation you are requesting and the specific regulation(s) and/or procedure(s) from which accommodation is sought.

_____
_____

5. Give the reason that the reasonable accommodation may be necessary for you or, the individuals with disabilities seeking the specific housing, to use and enjoy the housing. You do not need to tell us the name or extent of your disability or that of the individuals seeking the housing.

_____
_____

6. If we have questions about your request for reasonable accommodation and you would like us to contact someone assisting you with this request, instead of you, please give us that person's name, address and telephone number.

_____

7. Signature of Applicant ___________ Date ________

PLEASE ATTACH ANY DOCUMENTS THAT YOU THINK SUPPORT YOUR REQUEST FOR REASONABLE ACCOMMODATION AND WOULD ASSIST US IN CONSIDERING YOUR REQUEST.

NOTICE OF DECISION ON FAIR HOUSING ACCOMMODATION REQUEST

1. Date of Application: ________

2. Date of Decision: ________

3. The request for a Fair Housing Accommodation is:

_______ Granted _______ Denied (See Notice below re right to appeal decision.)

4. The reasons for this decision are as follows:

_____
_____
_____
_____
_____
_____

5. The facts relied on in making this decision:

_____
_____
_____
_____
_____
_____

Signature of Designee ___________ Date _______

NOTICE: If your request for accommodation was denied, you may appeal the Designee's decision to the Appeals Designee within thirty (30) days of the date of this decision. To file an appeal, complete and file an Appeal of Denial of Fair Housing Accommodation Request form with the Department. You may request reasonable accommodation in the procedure by which an appeal may be conducted.

EXHIBIT C

APPEAL OF DENIAL OF FAIR HOUSING ACCOMMODATION REQUEST

NOTICE: PLEASE ATTACH TO THIS APPEAL FORM (1) A COPY OF YOUR FAIR HOUSING ACCOMMODATION REQUEST ALONG WITH ANY ATTACHMENTS SUBMITTED WITH THE REQUEST AND (2) THE NOTICE OF THE DECISION DENYING YOUR ACCOMMODATION REQUEST.

1. Date of Adverse Decision: _______

2. Date Appeal Filed: _______

3. State why you think the denial of your request for accommodation was wrongly decided:

_____
_____
_____
_____
_____
_____

4. Provide any new information, facts or documents that support your request for accommodation:

_____
_____
_____
_____
_____
_____

5. Signature ___________ Date _______

EXHIBIT D

(Ord. No. 2010-1220, §§ 1—8(Exhs. A—D), 12-20-2010)

Sec. 118-349. - Manufactured home community.

A manufactured home community may be allowed as a special use in the M-2 zoning district upon approval by the board of adjustment. Such manufactured home communities shall comply with the requirements of this section in addition to any restrictions placed on the approval by the board of adjustment.

(1)

Uses permitted. Within a manufactured home community, a building or land shall be used only for manufactured homes, provided that it shall be unlawful for any person to park or locate, place, maintain or use any manufactured home within the limits of the city on any lot or land owned by any person, occupied or unoccupied, and no lot or land shall be used for such purposes unless said manufactured home and said lot or land are within a manufactured home community, except:

a.

A manufactured home may be used as a temporary shelter or shelter or office on a construction site during the actual period of construction, and

b.

One unoccupied travel trailer may be parked or located in any accessory private garage or in the rear yard of an occupied dwelling provided no living quarters shall be maintained or any business practiced in said manufactured home while it is so parked or located or stored.

(2)

Minimum site standards. A manufactured home community shall meet the following site standards and regulations:

a.

The minimum area for any manufactured home community is ten acres.

b.

The maximum density is 12 manufactured home sites per acre.

c.

Whenever the zoning district in which a trailer park is located requires a front yard and/or street side yard setback, said setback shall be provided, landscaped and maintained.

d.

Minimum front, side and rear yard setbacks for the park shall be 75 feet.

e.

All side yard and rear yard setbacks for the park shall include a minimum of a 15-foot wide planting area of trees and shrubs to act as a screen between the manufactured home community and abutting residentially zoned property.

f.

Access points shall be controlled through review of plans submitted on each individual special use application.

g.

No sign or other form of advertising shall be permitted other than that necessary to identify the manufactured home community.

h.

All manufactured home sites or lots in the park shall abut upon a driveway not less than 26 feet in width. All driveways shall be hard surfaced, well-marked and lighted by the owner of the manufactured home community.

i.

The entire area shall be adequately serviced by water and sewer and all manufactured homes remaining for a period exceeding 30 days must meet the requirements of the minimum housing code pertaining to manufactured homes.

j.

No accessory building or structure shall be erected or maintained in any required minimum setback area for the manufactured home community or any individual manufactured home space.

(3)

Minimum lot standards. The following site or lot standards shall apply to individual manufactured home spaces within each manufactured home community:

a.

Size. No manufactured home space shall be less than 4,000 square feet.

b.

Setbacks. Minimum front, side and rear yard setbacks for lots shall be as follows:

1.

Front yards shall be 20 feet.

2.

Side yards shall be a total of 25 feet with one yard not less than ten feet.

3.

Rear yards shall be ten feet.

c.

Landscaping. All minimum setback areas shall be permanently landscaped and maintained with ground cover, trees and shrubs.

(Ord. No. 98-0921, § 2.5.1, 9-21-1998)

Sec. 118-350. - Maximum residential occupancy limitation.

No dwelling unit containing a gross floor area of 800 square feet or less shall be occupied by more than four people, and dwelling units containing more than 800 square feet but not more than 1,200 square feet shall not be occupied by more than seven people. Dwelling units containing gross floor area in excess of 1,200 square feet may have one additional occupant for each 500 square feet of gross floor area in excess of 1,200 square feet.

(Ord. No. 98-0921, § 2.5.2, 9-21-1998)

Sec. 118-351. - Salvage yards.

(a)

No salvage yard shall be permitted closer than 500 feet to any single-family or multifamily residential zoning boundary.

(b)

All outdoor storage or salvage operations shall be conducted within an area entirely enclosed by an eight-foot opaque fence or wall (except driveway areas) that is properly painted and maintained.

(Ord. No. 98-0921, § 2.5.3, 9-21-1998; Ord. No. 2011-0711, 7-18-2011)

Editor's note— Ord. No. 2011-0711, adopted July 18, 2011, changed the title of § 118-351 from "Junkyards and salvage yards" to "Salvage yards."

Sec. 118-352. - Prohibited uses.

Any principal use that is involved in the following as a principal or accessory activity shall not be allowed in any zoning district:

(1)

Heavy manufacturing that includes the manufacture of:

a.

Caustic or corrosive acids.

b.

Cement, lime, clay, gypsum or plaster.

c.

Chlorine or other noxious gasses.

d.

Explosives.

e.

Fertilizer or glue.

f.

Products involving hair or fur.

(2)

Distillation of bones.

(3)

Drop forge industries using power hammers.

(4)

Landfills.

(5)

Petroleum refining.

(6)

Processing of sauerkraut, vinegar or yeast.

(7)

Rendering or refining of fats and oils.

(8)

Slaughterhouses.

(9)

Stockyards or animal feeding pens.

(10)

Treatment of wood products with noxious products such as creosote.

(Ord. No. 98-0921, § 2.5.4, 9-21-1998)

Sec. 118-378. - Relationship to principal use.

No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot.

(Ord. No. 98-0921, § 2.6.1, 9-21-1998)

Sec. 118-379. - Customary accessory uses to a dwelling.

Each of the following uses is a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory:

(1)

Private garage not to exceed the following storage capacities:

a.

One- or two-family dwelling: four automobiles.

b.

Multifamily dwelling: two automobiles per dwelling unit.

c.

Group dwelling: 1½ automobiles per sleeping room.

(2)

Parking of commercial, utility use and recreational vehicles in residential zones.

a.

Open parking area for vehicles shall not exceed the storage capacity of prepared or paved surfaces attached to the dwelling and not encompassing public roads or rights of way.

b.

The following are hereby defined as commercial, utility-use and recreational vehicles for the purpose of this section:

Category 1. A vehicle that is a taxicab, a limousine under 20 feet in length or any passenger vehicle truck or van with a maximum height of eight feet from the ground marked with a sign, letters, identification numbers or emblem advertising or associating it in any way with a commercial enterprise other than those which identify the vehicle maker or dealer. A sport utility vehicle marked with a sign, letters, identification numbers or emblem advertising or associating it in any way with a commercial enterprise, other than those which identify the vehicle maker or dealer, shall be considered as a Category 1 vehicle. For purposes of this section, a passenger vehicle bearing an emblem or lettering of a government entity shall also be considered as a Category 1 vehicle.

Category 2. A vehicle eight feet or less in height that displays externally stored or mounted equipment either in a fixed or temporary manner which is visible of a commercial activity is visible including, but not limited to, food vending equipment, ladders, paint cans, lawn care equipment or fixtures, and brackets necessary to carry such items. Trailers or utility trailers less than 20 feet in length which are enclosed or of an unenclosed design shall also be included as Category 2 vehicles.

Category 3. A vehicle, other than a recreational vehicle as defined below in Section(e), exceeding 20 feet in length or more than eight feet in height from the ground including, but not limited to, tow trucks, dump trucks, construction or earth-moving vehicles or equipment and semi-tractors and trailers.

c.

Storage or parking of certain commercial vehicles is allowed on private property in residential zones as follows:

1.

In residentially zoned districts, only two (2) Category 1 vehicles may be parked at a residence.

2.

In residentially zoned districts, only one Category 2 vehicle may be stored or parked if it is kept within an enclosed garage or behind the front building line within a completely enclosed, opaque fence, screening wall, or landscaping six feet in height at least ten feet from the rear property line. If a Category 2 vehicle is so stored or parked, then only one Category 1 vehicle may also be stored or parked at such residence.

3.

For residential properties of three or more units, the parking allowances provided for herein shall be applied to each unit.

4.

Storage or parking of Category 3 vehicles are prohibited in all residentially zoned districts.

5.

The temporary parking of a Category 2 or 3 vehicle in front of the building line or in front of the buffer screen shall only be permitted for the purpose of loading or unloading of materials or persons or engaged in providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. However, a temporary or convenience stop shall be limited to no more than one hour in any 24-hour period.

d.

Parking of certain commercial vehicles on the right-of-way is prohibited in residential zones as follows:

In areas zoned residential districts, it shall be unlawful for Category 2 and 3 vehicles, as herein defined, to be otherwise parked on the public right-of-way, unless actively engaged in the loading or unloading of materials or persons or engaged in providing a commercial service. Examples of providing commercial services include, but are not limited to, removal of disabled vehicles from private or public property, presence at a construction site, delivery of goods, repair of household appliances, and cleaning of household furniture.

e.

Utility-use and Recreational and camping equipment. Recreational and camping equipment in the form of travel and camping trailer, truck trailer and motor travel home, designed and used as temporary living quarters for recreation, camping or travel use may be parked in the open on sites containing a single-family or duplex residence, subject to the following conditions:

1.

No more than one (1) such equipment shall be parked on such a site.

2.

Such parking shall be limited to such equipment owned or leased by the occupant-owner or occupant-lessee of the site concerned or owned or leased by a bona fide out-of-City-of-Sheffield house guest of the occupant-owner or occupant-lessee of the site concerned, with the parking of such equipment by guest not to exceed 14 days. No equipment owned or leased by the same individual or owner may be placed or returned to the defined space for a period of no less than nine calendar months.

3.

The location for such parked equipment shall be in the rear yard or in the side yard to the rear of a line established by the front building line furthest from the street and set back to at least the rear building line wherever possible, but in no event in front of such front building line. Such equipment shall be set back from side property lines at least a distance equivalent to the required side setback for the principal building and shall be set back from the rear property line at least ten feet.

4.

For corner lots, the equipment defined herein may be stored or parked if it is kept within an enclosed garage or behind the front building line within a completely enclosed, opaque fence, screening wall or landscaping six feet in height at least ten feet from the rear property line.

5.

Such equipment and the area of parking shall be maintained in a clean, neat, and presentable manner and the equipment shall be always in a usable condition.

6.

Such equipment shall always have attached a current vehicle registration license plate.

7.

No major repairs or overhaul work on such equipment shall be made or performed on the site, (or any other work performed thereon which would constitute a nuisance under existing ordinances).

8.

When parked on the site, such equipment shall not be used for living or sleeping quarters, or for housekeeping or storage purposes and shall not have attached thereto any service connections lines, except as may periodically be required to maintain the equipment and appliances.

9.

Such equipment shall not exceed the maximum length, width, height and weight permitted under applicable provisions of the motor vehicle laws of the State of Alabama; provided, however, the maximum length shall not exceed 30 feet and the maximum height shall not exceed ten feet.

10.

Such equipment shall be secured so that it will not be a hazard or menace during high winds, tornados, or hurricanes.

11.

A seller (dealer or individual) offering for sale such new or used equipment must furnish and attach to such equipment a true copy of this subsection.

(3)

Guesthouse.

(4)

Shed or toolroom for the storage of equipment used in grounds or building maintenance.

(5)

Children's playhouse and play equipment.

(6)

Quarters for the keeping of pets owned by occupants for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties.

(7)

Private swimming pool with bathhouse or cabana.

(8)

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

(Ord. No. 98-0921, § 2.6.2, 9-21-1998; Ord. No. 2022-0418A, 4-18-2022; Ord. No. 2024-0701, 7-3-2024)

Sec. 118-380. - Home occupations.

A home occupation shall be a permitted use in any occupied dwelling unit in zoning districts where allowed as specified under the table in section 118-330. The following provisions and limitations shall apply to any home occupation:

(1)

Permitted activities. The following activities may be engaged in by persons who reside on the premises of the home occupation and who are appropriately qualified and licensed, including business licenses where required. Any business activity otherwise not permitted by the city shall be prohibited as a home occupation.

a.

Business. Home occupation businesses are defined as predominantly in-house activities. Such activities include, but are not limited to, electronic or mail commerce, telephone sales or marketing, home-based clerical activity as an extension of a legally operated business (i.e. a business with a legal existence in a business zone), artistic, consulting, design, professional service, or manufacturer's representative. Commercial business activities which are conducted off site from a residence must adhere to all limitations and activity controls of this section.

b.

Family day care home. A family day care home is limited to day care activities in a single-family, detached dwelling specifically defined as a family day care home in this chapter and in compliance with all applicable state laws, including operator registration. A current and certified copy of the operator's state family day care home registration shall be filed with the operator's business license application and each year's business license renewal application.

(2)

Limitations.

a.

Size and location.

1.

Not more than 25 percent or 750 square feet, whichever is less, of the gross floor area of the dwelling unit shall be used for all of the activities devoted to a home occupation business. A family day care home shall not use more than 50 percent of the gross floor area, or the minimum governmental and regulatory requirements, whichever is greater.

2.

Accessory buildings and structures may not be used for the home occupation.

3.

There shall be no activity or display associated with the home occupation outside of the residence that is not normally associated with a residential environment. The home occupation shall not be permitted if said occupation will result in any evidence of such occupation outside the building or residence to include noise, signs, equipment, odor, storage of materials or supplies, or excessive traffic. Outdoor play areas for family day care homes shall be restricted to the rear of the residence away from the public street. Operation of the home occupation shall not create traffic in excess of that normally encountered in a residential district.

4.

No home occupation family day care home may be located less than 1,000 feet in any direction from any other such family day care home operated as a home occupation.

5.

The storage of commercial equipment in a residential zone is prohibited. This includes, but is not limited to, commercial equipment such as: off-road construction equipment, earth moving equipment, roofing and sheetmetal-working equipment, welding equipment, compressors, generators, pressure cleaners, pumps, forklifts, personnel lift equipment, vehicle body shop equipment (see section 18-379(2)).

b.

Activity controls.

1.

Sales. There shall be no exchange of merchandise of any kind on the premises except for those products legally produced on the premises as a direct result of the home occupation.

2.

Transfer of goods. There shall be no reshipment of any goods, products or commodities received on the premises.

3.

Employees. There shall be no associates or employees on the premises except those persons residing within the residence where the home occupation is occurring.

4.

Outsiders and nonresidents on the premises. There shall not be more than two nonresident persons on the premises at the same time in conjunction with the home occupation whether they are students, clients, patients or customers, except for family day care homes, which permit up to six nonresident persons.

c.

Parking. There shall be no parking spaces provided or designated specifically for the home occupation.

(Ord. No. 98-0921, § 2.6.3, 9-21-1998)

Sec. 118-381. - Fences and freestanding walls.

All fences and freestanding walls shall present a finished and attractive surface to the exterior of the lot.

(a)

Materials.

(1)

It shall be unlawful to erect or maintain any barbed wire, concertina or razor wire, or electric fencing on a residentially zoned lot or parcel of property.

(2)

Fences and freestanding walls containing manmade materials shall be composed of materials manufactured, designed, and intended for such purposes and shall not include scrap materials, doors, corrugated metal roofing or other such salvaged materials. Fences shall be of materials of a uniform and consistent style.

(3)

The wooden portion of fences shall be of a decay-resistant wood, or shall be covered with paint, stain, or other such substance which preserves the wood from deterioration, dilapidation, or decay.

(4)

Fences and freestanding walls containing natural materials, such as rock or stone, shall be of a uniform and consistent style, free of loose or missing material, and properly maintained so as not to create a potential hazard, and shall not include scrap materials, doors, corrugated metal roofing, or other such salvaged materials.

(b)

Maintenance.

(1)

It shall be the responsibility of the owner/person in control of the fence or freestanding wall to maintain it in good and proper condition and repair, free of loose or missing material, and free of any defects, damage, or decay so as to not present a potential safety hazard and so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

(2)

Fences and freestanding walls shall be properly installed, constructed, and maintained to be vertical, self-supporting, and secured in a fashion to resist leaning, falling, collapse or partial collapse, and so as not to create a potential safety hazard.

(c)

Exceptions. The provisions of this section shall not apply to:

(1)

Temporary construction fences installed to protect the public from injury during construction or to maintain security for development and where there is a current building permit issued for such activity (the fencing must be removed at completion of construction).

(2)

Fencing for agricultural purposes or enclosure of livestock.

(3)

Fences utilized to surround or enclose public utility installations, public schools, or other public buildings.

(4)

Hedges, shrubs, bushes, trees, or other plantings.

(5)

Retaining walls and freestanding walls.

(See also sections 110-414(1) and 118-445(c).

(Ord. No. 98-0921, § 2.6.4, 9-21-1998; Ord. No. 2014-0107A, 1-7-2014)

Sec. 118-382. - Swimming pools.

All swimming pools shall be enclosed by a fence that is at least five feet in height and maintained in good condition with a gate and lock. The fencing shall be located so as to not obstruct visibility at road intersections. The swimming pool and fencing must also be in accordance with the requirements of the city building code.

(Ord. No. 98-0921, § 2.6.5, 9-21-1998)

Sec. 118-383. - Outdoor display areas.

(a)

In the B-2 general business district and M-1 light manufacturing district, the following merchandise or goods may be located in outdoor display areas on a permanent basis (see section 118-330, list of permitted uses, specifically accessory uses):

(1)

Motorized vehicles that are in good running condition free from exterior damage or substantial wear.

(2)

Power boats and sailboats.

(3)

Manufactured homes and utility buildings.

(b)

In the B-2 general business district, B-3 downtown business district and M-1 light manufacturing district, the following merchandise or goods may be located in outdoor display areas on a permanent basis (see section 118-330, list of permitted uses, specifically accessory uses):

(1)

Plant nursery items.

(2)

Light building materials such as lumber, patio pavers, and decorative stone; yard furniture such as benches, swings, and birdbaths; home and yard maintenance equipment such as lawnmowers and pressure washers; and yard maintenance materials such as fertilizer, mulch, straw, and seed.

(3)

Outdoor displays at storefronts shall not impede two way pedestrian sidewalk traffic.

(c)

All other outdoor displays of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed two weeks, and shall not occur more often than three times per year.

(d)

Any area outside of a building where merchandise or goods are located but which is permanently screened by an opaque fence or freestanding wall at least six feet in height shall not be considered an outdoor display area.

(Ord. No. 98-0921, § 2.6.6, 9-21-1998; Ord. No. 2015-0526, 5-26-2015)

Sec. 118-384. - Outdoor storage.

Outdoor storage, where the use is otherwise permitted, is limited as follows:

(1)

In the B-2 general business district, outside storage of materials is only permitted in the rear yard and shall be screened from view by an opaque fence or freestanding wall no less than eight feet in height.

(2)

In the M-1 light industrial district, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or freestanding wall no less than eight feet in height.

(Ord. No. 98-0921, § 2.6.7, 9-21-1998)

Sec. 118-385. - Night watchman residence.

A residence for a night watchman, approved as a special use accessory to an office, business or industrial operation, may be of the following types:

(1)

A single-family dwelling.

(2)

A class A or B manufactured home.

(3)

A space located within a commercial or industrial structure.

(Ord. No. 98-0921, § 2.6.8, 9-21-1998)