§6.01.01

The following regulations apply in all Agricultural Districts:

1)

Manufactured homes, existing on their own lot as of the effective date of this Ordinance, are permitted by right.

2)

New (less than fifteen years old) manufactured homes may be placed in any agricultural district as a conditional use. Some conditions to consider may be lot size and proximity of other manufactured homes.

3)

Except as permitted subject to §7.12 Keeping of Chickens and Honeybees, no livestock or poultry may be kept or raised on properties smaller than one-half acre.

4)

Concentrated animal feeding operations, as defined by the EPA, and indoor grower confinement operations are prohibited.

5)

Offensive animal odors must not be detectable at any residential district boundary or property line of a lot used exclusively for residential purposes.

§6.01.02

AG-1 Residential Agriculture District

A.

Purpose. This district is intended for hobby farms and similar low-intensity agriculture and related uses; low-density residential development and open space uses.

B.

Uses. Refer to Table 6-1 Uses Permitted in Agricultural Districts.

1)

Only one ADU is permitted, regardless of the size of the property.

2)

Only one caretaker dwelling is allowed per permitted agricultural or applicable nonresidential use, regardless of the size of the property.

3)

The keeping and raising of livestock and poultry is limited to one animal equivalent unit per acre (see Table 6-3) and the following:

a.

Structures or fenced areas for the housing or feeding of animals or for the storage of manure must be set back at least 25 ft from any residential district boundary or property line of a lot used exclusively for residential purposes. Fence enclosures adjoining an agricultural district are not required to be set back from the property line.

b.

No livestock or poultry may be kept forward of the front building line on properties with a front yard less than 75 ft deep that adjoin a residential property nor on properties under one acre in area.

C.

Area and Dimensional Requirements. Refer to Table 6-2.

§6.01.03

AG-2 General Agriculture District

A.

Purpose. This district is intended for a range of moderately intensive agriculture and related uses; low-density residential development and open space uses.

B.

Uses. Refer to Table 6-1 Uses Permitted in Agricultural Districts.

1)

One ADU and one caretaker dwelling is permitted per principal dwelling. One additional ADU or caretaker dwelling is permitted per 20 acres up to a maximum of four ADUs, caretaker dwellings or combination thereof.

2)

When accessory to an agricultural use, repair services, outdoor storage and minor manufacturing may be permitted through Conditional Use approval by the Commission, subject to §11.06 Conditional Uses. This does not include retail sales of any non-agricultural products or equipment.

3)

Except as permitted subject to §7.12 Keeping of Chickens and Honeybees, the keeping and raising of livestock and poultry is limited to two animal equivalent units per acre (see Table 6-3) and the following:

a.

Structures for the housing or feeding of animals or for the storage of manure must be set back at least 200 ft from any residential district boundary or property line of a lot used exclusively for residential purposes. Fenced areas for the housing or feeding of animals must be set back at least 100 ft from any residential district boundary. Fence enclosures adjoining an agricultural district are not required to be set back from the property line.

C.

Area and Dimensional Requirements. Refer to Table 6-2.

§6.01.04

AG-3 Intensive Agriculture District

A.

Purpose. This district is intended for a range of relatively intensive agriculture and related uses; low-density residential development and open space uses.

B.

Uses. Refer to Table 6-1 Uses Permitted in Agricultural Districts.

1)

One ADU and one caretaker dwelling is permitted per principal dwelling. One additional ADU or caretaker dwelling is permitted per 20 acres up to a maximum of four ADUs, caretaker dwellings or combination thereof.

2)

When accessory to an agricultural use, repair services, outdoor storage and minor manufacturing may be permitted through Conditional Use approval by the Commission, subject to §11.06 Conditional Uses. This does not include retail sales of any non-agricultural products or equipment.

3)

Except as permitted subject to §7.12 Keeping of Chickens and Honeybees, the keeping and raising of livestock and poultry is limited to two animal equivalent units per acre (see Table 6-3) and the following:

a.

Structures or fenced areas for the housing or feeding of animals or for the storage of manure must be set back at least 100 ft from any residential district boundary. Fence enclosures adjoining an agricultural district are not required to be set back from the property line.

C.

Area and Dimensional Requirements. Refer to Table 6-2.

(Ord. No. 2224A-20, 3-17-20; Ord. No. 2252-23, § 2, 1-19-23)

§6.02.01

Purpose. This district is intended to enable a mix of nonresidential uses in the historic development pattern of Downtown Sylacauga. The district is also intended to accommodate certain dwelling types compatible with the historic development pattern and nonresidential uses. The following standards are intended to provide an environment that is conducive to retail, dining and entertainment activity with other nonresidential uses.

§6.02.02

Use Standards. Only those uses shown in Table 6-4 are permitted, subject to the following:

A.

The rear half of the ground floor of a principal building may be used for lodging or residential purposes. Hotels are not subject to this limitation.

B.

Manufacturing incidental to a permitted retail use in which the articles manufactured are sold on-premises is permitted subject to approval of the Building Official.

§6.02.03

Area and Dimensional Standards. Refer to Table 6-5.

§6.02.04

Development Standards

A.

Principal and accessory structures must be on a permanent foundation.

B.

All storage or work activities must be enclosed within a permanent structure or screened in accordance with §10.02 Screening.

C.

Building Standards

1)

All new construction, building additions and accessory structures must be compatible with the prevailing character of existing development in the district. Metal and vinyl siding, EIFS and painted or unpainted concrete block are prohibited as exterior materials, except however that concrete block may be used along but not above a raised foundation.

2)

The facades of vacant or partially vacant buildings must be maintained in good condition, including: weathertight roof and walls and no loose window awning or structural material, peeling paint, rotted wood or broken windows. If the building interior is not maintained in a "move-in ready" condition, such as not having functional lighting or HVAC and/or not being kept free of debris, stock and fixtures, windows must be covered with a seamless, fade resistant material or curtain of a color that closely matches the predominant exterior material or as otherwise approved by the Building Official.

D.

Parking and Loading. See Article 8 Parking and Loading Standards and the following:

1)

Off-street parking may not be located forward of the front building line. Existing development that does not conform to this requirement is eligible for a waiver subject to approval of the Building Official. Any off-street parking located forward of the front building line must be separated from the sidewalk or other nearest edge-of-pavement by a planting strip at least five feet wide containing an opaque landscaping barrier at least three feet high or a planting strip at least three feet wide with an opaque fence or wall at least three feet high.

2)

Nonresidential uses, with the exception of places of assembly, are allowed a 50% reduction from standard parking requirements. On-street parking, except designated accessible spaces, adjoining the front property line(s) of the premises may be counted toward parking requirements provided no on-street parking may be counted toward more than one use or premises. Off-street public parking within 600 ft of any public entrance to a nonresidential use may be counted toward parking requirements as determined by the Building Official.

E.

All garbage, recycling and grease containers and similar appurtenances must be screened in accordance with Article 10 Landscaping Standards. Containers must be maintained so that obnoxious odors are not noticeable over 20 ft from the container. All garbage, recycling and debris collection pick-up must occur along an adjoining alley, if applicable.

F.

Encroachment of any kind, other than permitted driveways, within a public right-of-way is prohibited except as otherwise allowed through a right-of-way encroachment permit in accordance with §3.10 Right-of-Way Encroachments and all applicable city policies and regulations.

(Ord. No. 2224A-20, 3-17-20)

§6.03.01

Purpose. This district is to enable a mix of dwellings and home-based business activities beyond that otherwise permitted in Residential Districts. The following standards are intended to protect the residential character of the district such that any home-based business activities are unnoticeable from beyond the properties containing home-based businesses, with the exception of permitted signage.

§6.03.02

Use Standards. Only those uses shown in Table 6-6 are permitted, subject to the following:

A.

Auxiliary dwelling units are only permitted with detached single-family dwellings.

B.

A detached single-family dwelling is permitted one home-based business and one auxiliary dwelling unit.

C.

Any triplex or quadplex must be separated from the nearest triplex or quadplex on the same block frontage by at least two lots.

D.

Each dwelling unit in a duplex may have one home-based business but no auxiliary dwellings are permitted.

E.

Permitted business uses are limited to the hours 8am—9pm.

§6.03.03

Area and Dimensional Requirements. See Table 6-5.

§6.03.04

Development Standards

A.

All garbage, recycling and debris collection pick-up must occur along an adjoining alley, if applicable. Only residential-type garbage and recycling containers as approved or provided by the city are permitted.

§6.03.05

Lighting. Exterior lighting fixtures must be residential grade and fully-shielded.

§6.03.06

Standards for Home-based Businesses. The following standards, in addition to those in §7.10 Home-based Business, apply to the home-based business only and not to activities customarily associated with the dwelling:

A.

Signage may be freestanding only, may not exceed four sf in area and may not be illuminated. Colors and materials used for the sign structure and background should be consistent with those of the dwelling. If not consistent with the color scheme of the dwelling, colors used in the sign frame and background must be earthtone. Freestanding signs must be set back at least five feet from the sidewalk or front property line, whichever is greater.

B.

No more than one person may be employed on-site as part of the home-based business other than a resident of the dwelling. This does not include any workers providing maintenance, repair, cleaning and similar services normally associated with the dwelling.

C.

If on-street parking is not available, in addition to the parking required for the dwelling, one parking space must be provided for client, customer or other visitors and one parking space for the non-resident employee, if any. These spaces may not be counted toward any auxiliary dwelling on the premises. These spaces must be provided behind the front building line of the dwelling.

§6.03.07

Encroachment of any kind, other than permitted driveways, within a public right-of-way is prohibited except as otherwise allowed through a right-of-way encroachment permit in accordance with §3.10 Right-of-Way Encroachments and all applicable city policies and regulations.

(Ord. No. 2224A-20, 3-17-20)

§6.04.01

Purpose. This district is intended to accommodate a mix of dwellings, home-based businesses and limited commercial uses. The following standards are intended to provide an environment conducive to development and reinvestment in residential uses, to enable home-based businesses, cottage industries and neighborhood scale businesses, and assure compatibility between permitted residential and nonresidential uses.

§6.04.02

Use Standards. Only those uses shown in Table 6-6 are permitted, subject to the following:

A.

The maximum floor area of a building occupied entirely for business or commercial uses is 7,500 sf.

B.

Auxiliary dwelling units are only permitted with detached single-family dwellings.

C.

A detached single-family dwelling is permitted one home-based business and one auxiliary dwelling unit.

D.

Each dwelling unit in a duplex may have one home-based business, with the written permission of the owner of the dwelling, but no auxiliary dwellings are permitted. One unit in a duplex may be converted fully to business use, subject to applicable building code requirements, only when the other unit is owned and occupied by the owner of the business. When a dwelling unit is converted fully to business use, it is no longer considered a home-based business.

E.

A nonresidential use to be located between two residentially occupied lots must be approved as a Conditional Use to optimize compatibility with the adjacent dwellings.

F.

The following types of uses are prohibited:

1)

Automotive and other outdoor sales and rental businesses.

2)

Auto-oriented businesses, including but not limited to, fast food restaurants, gas stations, vehicle repair, and car washes.

§6.04.03

Area and Dimensional Requirements. See Table 6-5.

§6.04.04

Development Standards

A.

All garbage, recycling and grease containers and similar appurtenances must be screened in accordance with Article 10 Landscaping. Containers must be maintained so that obnoxious odors are not noticeable beyond the property line. All garbage, recycling and debris collection pick-up must occur along an adjoining alley, if applicable.

B.

All storage or work activities must be fully within the building or an accessory structure.

C.

Business hours are limited to the hours 7AM—10PM.

D.

All new construction and building additions must be compatible with the prevailing character of existing development. Metal and vinyl siding, EIFS and painted or unpainted concrete block are prohibited as exterior materials, except however that concrete block may be used along but not above a raised foundation.

E.

Lighting. Outdoor lighting is limited to 5 foot candles. All fixtures must be fully-shielded to prevent sky spillage and prevent glare on adjoining properties and public ways. Light poles may not exceed 20 ft in height, must be architectural style/decorative type and must be Underwriters' Laboratories (or equivalent testing agency) listed. Outdoor lights must be turned off during non-business hours (10PM—7AM).

F.

Signage. See Article 9 Sign Regulations and the following limitations:

1)

For home-based businesses, signage may be freestanding or detached, may not exceed six sf in area and may not be illuminated. Colors and materials used for the sign structure and background should be consistent with those of the dwelling. If not consistent with the color scheme of the dwelling, colors used in the sign frame and background must be earthtone. Freestanding signs must be set back at least five ft from the sidewalk or front property line, whichever is greater.

2)

Standalone business and other nonresidential uses are permitted signage as specified in Article 9 Sign Regulations but may only be externally illuminated.

3)

Residential uses are permitted noncommercial signage as specified in Article 9.

G.

Parking and Loading. See Article 8 Parking and Loading Standards and the following limitations:

1)

Off-street parking for home-based businesses and nonresidential uses must be located behind the front building line. However, an administrative waiver may be approved per §11.01 for existing buildings provided the parking area complies with all requirements of Article 10 Landscaping Standards.

2)

Overnight parking of vehicles over two axles is prohibited.

H.

No odors, dust, smoke or similar impacts may be detectable at the property line.

I.

Noise level at the property line may not exceed 60 dBA.

J.

Vehicles providing pick-up or delivery may not exceed three-axle trucks. Pick-up and delivery is limited to the hours 7AM to 10PM.

§6.04.05

Encroachment of any kind, other than permitted driveways, within a public right-of-way is prohibited except as otherwise allowed through a right-of-way encroachment permit in accordance with §3.10 Right-of-Way Encroachments and all applicable city policies and regulations.

(Ord. No. 2224A-20, 3-17-20)

§6.05.01

Purpose. The purpose of this district is to provide minimum standards to assure the orderly development of manufactured and tiny home parks and to mitigate any incompatibility with surrounding development. The district is to be used in areas served by public water, sewer and electric power services as well as convenient shopping and schools.

§6.05.02

Uses

A.

Permitted Uses: Manufactured home parks, tiny home parks and accessory buildings and uses, including but not limited to, swimming pool, tennis courts, clubhouses and other recreational facilities, storage buildings and offices, laundry and maintenance facilities customarily incidental to manufactured and tiny home parks.

B.

Conditional Uses: Day care center.

C.

Tiny homes and manufactured homes may not be sited within the same park except that, subject to express approval of the Commission, a manufactured home park may include one or more sections for the exclusive siting of tiny homes or a tiny home park may include one or more sections for the exclusive siting of manufactured homes.

D.

Home-based businesses are permitted in accordance with §7.10 Home-based Businesses, except as follows:

1)

No home-based business that involves business-related visitation is permitted.

2)

Only those residing in the dwelling may be engaged in the business.

3)

Accessory structures may not be used as part of the business.

§6.05.03

Development Standards

A.

Home Standards

1)

No home may be occupied until all requirements of this §6.05 have been complied with.

2)

A Placement Permit must be obtained from the City prior to the placement of any manufactured or tiny home. Application must include the following information:

a.

Year of manufacture.

b.

Model and serial number.

c.

Size of the home.

d.

Affidavit that no structural alterations have been made to the home.

3)

Each manufactured home must have a self-supporting deck or porch at least six feet wide and six feet long and a set of self-supporting steps at the rear entry. Steps and railing must comply with the City Building Code.

4)

Each manufactured home must bear a valid set-up inspection sticker from the Alabama Manufactured Housing Commission and have all applicable electrical, gas, water, sewer and HVAC permits.

5)

Tiny Homes on Wheels are permitted in Tiny Home Parks, but may only be approved as temporary living quarters, and must be inspected prior to placement and may be required to be inspected semi-annually, as determined by the Building Official.

6)

Skirting material must be designed exclusively for that purpose and must be underpinned as required by the Building Official.

B.

Site Standards. See also Table 6-7.

1)

The site must have frontage on an arterial road, which has a right-of-way width of at least 50 ft.

2)

The park must be designed for at least ten home spaces.

3)

Density may not exceed 10 homes per acre.

4)

The park and each home is subject to all applicable City Fire Department regulations. All electric, water, sewer and other utility installations must comply with the applicable regulations of the state, city, public utility agencies and County Health Department. Utility installations must be performed by licensed installers in coordination with the Building Official and applicable public utility agencies. No utility connections will be approved until all requirements of this §6.05 have been met. Garbage collection and disposal must meet all applicable state, local and County Health Department regulations, including the City's Solid Waste Disposal Ordinance.

5)

No park may be opened for occupancy until a business license has been secured from the City and at least ten home spaces conforming to these regulations have been completed and approved by the Building Official.

6)

Parks must be permitted under license of the City, except upon recommendation of the Commission and under written permit of the County Health Department indicating compliance with all applicable state and county public health regulations.

7)

Individual home spaces may not be separately owned.

C.

Circulation and Parking Standards

1)

All spaces must have access to internal streets with a right-of-way of at least 30 ft and a travelway width of at least 20 ft (see also Figure 6-1). Travelway compaction and surfacing must meet the requirements of the City Subdivision Regulations or as approved by the Commission with a recommendation by the Building Official. Direct access to home spaces from internal streets may be waived by the Commission when the park is designed so that spaces are clustered around an off-street parking area, cul-de-sac, or driveways serving no more than four spaces. Correcting any damage to internal or external streets that arise from the moving of homes is the responsibility of the operator.

2)

Home spaces may not have direct access to external streets.

3)

Lighting fixtures must be provided along internal streets to provide a minimum average illumination level of 0.9 footcandles and a uniformity ratio designed for 6:1. Lighting fixtures for open space and recreation areas must provide a minimum average illumination level of 2 footcandles.

4)

Parking must be provided for each home as required in §8.02 Required Off-street Parking Spaces. Parking spaces must be of crushed stone, asphalt or concrete, as approved by the Building Official.

D.

Open Space and Recreation Standards. Recreational areas must be provided, suitably equipped and restricted to such use. At least 200 sf per home space must be provided for recreational use. Each recreational area must be at 2,500 sf in area.

E.

Landscaping Standards

1)

Any parking area of more than ten parking spaces is subject to the landscaping requirements in §10.03 Landscaping for Vehicular Areas.

2)

Trash receptacles and similar site elements must be screened in accordance with §10.02 Screening.

3)

In addition to the buffer requirements of §10.01 Buffers, a landscaped buffer at least eight feet wide must be provided along the park's exterior street frontage. The buffer must be planted with evergreen shrubs and trees of such type as will attain at least 75% opaqueness to a height of at least six feet within 18 months of planting at time of original construction of the park. The Commission may reduce this width to five feet when a fence meeting the requirements of §10.04 Design Standards for Fences is provided.

F.

Home Space Standards. Refer also to Table 6-7 and Figure 6-1.

1)

Each space must have adequate frontage on an internal street or other means of access to allow the placement or replacement of a manufactured home on the space without disruption of homes on adjoining spaces. The corners of each space must be marked with a 4x4 PT post or a T-Post with five feet of 1.5" schedule 40PVC with a cap driven over it, either must be firmly installed with five feet exposed above ground.

2)

Manufactured homes must be separated by at least 20 ft in all cases.

3)

Accessory structures must be set back at least five feet from side lines and ten feet from rear lines.

4)

Each space must have a pad for the siting of the home that is of crushed rock or other construction as approved by the Building Official. The pad must be at least ten feet by 40 ft or at least the size of the manufactured home, whichever is larger.

5)

Each space must have a patio of concrete or other suitable, permanent construction, at least 150 sf in area.

6)

Accessory structures located within any space may be used for storage only, must have a maximum area of 144 sf and must be located toward the rear of the space and at least six feet from the home.

7)

Driveways and parking aprons on individual home spaces must be set back at least three feet from the nearest side line of the space.

8)

Steps, decks and porches must be self-supporting and may not be attached to the home. No permanent additions of any kind may be built onto or become a part of any manufactured home. This does not include wood fencing, brick or ornamental block screening around the edges of the manufactured home, which are not permanently attached to the ground.

G.

Storm Shelter Standards. Storm shelters must be provided on-site in any new manufactured home park and when an existing park is expanded by ten or more manufactured homes in accordance with the following:

1)

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

2)

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

3)

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

H.

Sign Standards

1)

Each park may have one permanent sign per entrance no larger than 200 sf in area, subject to all other applicable standards of Article 9 Sign Regulations. Signs along the same frontage may not be placed closer together than 500 ft. If freestanding, the sign must be set back at least ten feet behind the front property line. The sign may be indirectly illuminated only.

2)

Street signs on internal streets must comply with City standards and specifications.

3)

Traffic control signs may be required in accordance with the Manual on Uniform Traffic Control Devices.

I.

Operational Standards

1)

The park operator must ensure all manufactured homes have obtained all required permits before being placed in the park.

2)

The park operator must maintain the park, its facilities and equipment in a clean and sanitary condition free of litter, rubbish, and any flammable or hazardous materials.

3)

The park operator must maintain all grounds and structures free of insect and rodent harborage and accumulations of debris that may provide harborage or breeding places for insects and other pests. The park operator must also provide measures to control insects and rodents in conformity with county and state public health regulations.

4)

The park operator must provide each tenant a copy of all applicable provisions of Sylacauga Ordinance Regulating Manufactured Homes.

5)

The park operator must maintain a register for each space, for twelve months after tenant departure, containing the following:

a)

Name and address of tenant.

b)

Leasing information including date of entrance and departure.

c)

Registration of the manufactured home, including license number and state from which the license was issued.

§6.05.04

Application, Approval

A.

Application Requirements. Application to the Commission must be accompanied by a development plan showing compliance with these regulations. The application must be in writing, signed by the applicant and must include the following:

1)

Location and legal description of the proposed site.

2)

Vicinity map showing surrounding street system and uses of properties within 500 ft of the site boundaries.

3)

Property map with dimensions, easements and required setbacks.

4)

Topographic map with two-foot contour intervals.

5)

Stormwater drainage plan.

6)

Circulation plan including right-of-way and travelway width of external and internal streets, layout of internal streets and parking areas, driveway width and curb radii at entrances, corner radii at intersections of internal streets and location of all street signs and traffic control devices.

7)

Layout of all home spaces along with all open spaces and common facilities for recreational use, garbage collection and storage facilities.

8)

Landscape plan with locations, dimensions, planting and other materials for required buffers, screening and other landscaping.

9)

Plans for the proposed water supply, sewage, garbage collection and disposal, electric system, and such other information as may be required by the County Health Department to determine compliance with applicable health regulations.

10)

Plans and specifications of all proposed structures, improvements and facilities.

B.

Application must be accompanied with application fee, as set by the City Council, to cover all administrative and public notice costs.

§6.05.05

Nonconformities

A.

Any lawfully nonconforming park may continue to operate as such, provided it meets all applicable state and county public health requirements. However, no additional spaces may be created and no additional homes may be placed within the park, not including replacement of existing homes, until the park is brought into compliance with these regulations.

B.

Permits or licenses for individual units issued prior to the effective date of these regulations become void upon expiration, upon the moving of the home from its site or upon violation of any applicable regulations.

(Ord. No. 2224A-20, 3-17-20)

§6.06.01

Purpose. This district is intended to allow flexibility in the development of large tracts of land and/or of multiple uses or tenants on one tract in accordance with an approved Master Development Plan (MDP). The intent is to enable more innovative development and redevelopment options, the purpose of which is to:

A.

Permit flexibility in zoning standards to allow more creative and harmonious designs to accommodate planned associations of uses such as industrial or commercial uses, residential developments, or any appropriate combination of uses which may be planned, developed or operated as integral land use units;

B.

Promote the efficient use of land to facilitate a more economic arrangement of uses, buildings, circulation systems and utilities;

C.

Combine and coordinate uses, building forms and relationships and architectural styles;

D.

Exempt a development from the conventional zoning regulations regarding setbacks, minimum yard size, minimum greenbelts, off-street parking regulations, and other regulations to achieve the intent described herein;

E.

Permit higher densities of land in conjunction with provisions for usable open space, amenities and community services;

F.

Promote the preservation and enhancement of existing natural features, their scenic qualities and amenities to the greatest extent possible and to utilize such features in a harmonious fashion;

G.

Give the developer reasonable assurance of ultimate approval before expending complete design monies while providing city officials with reasonable assurance that the development will retain the character envisioned at the time of initial approval.

§6.06.02

Minimum Requirements for Establishing a PUD District. The tract must be a minimum of five contiguous acres, have a minimum street frontage of 200 ft, and not encompass any land which is not part of the PUD. A smaller site may be considered provided evidence that the:

A.

project is consistent with the developmental goals of the Comprehensive Plan for the particular location;

B.

minimum acreage requirement is impractical due to ownership, existing development patterns and similar constraints, such as in the case of infill development;

C.

design concept fully integrates the development into the surrounding neighborhood or business area;

D.

arrangement of uses, buildings, streets, parking, open spaces and amenities could not be reproduced on the site subject to the regulations of other available zoning districts.

§6.06.03

Applicability. Approval of a PUD District by the Council replaces the prior zoning of the site. All properties in an approved PUD are bound by the standards in its approved MDP, even if subsequently sold, unless and until the MDP is voided by the City on request of the owner. However, to maintain continuity of the MDP, in no case will any portion of a PUD District become nonconforming solely as a result of a portion of the tract being rezoned.

§6.06.04

Procedure. Creation of a PUD District includes the rezoning process outlined in §11.05 Amendment and the following:

A.

Application. The applicant must file a rezoning application together with the proposed MDP. If the property is already zoned PUD, the applicant must submit the proposed MDP for review by the Commission. The MDP includes a written document, which may include supporting graphic materials, and a plan set illustrating the intents of the development. The applicant must demonstrate through the MDP that the:

1)

proposed development is consistent with the intent and purpose of the Sylacauga Comprehensive Plan and of this Ordinance to promote public health, safety and the general welfare of the citizens.

2)

value and character of property adjacent to the planned development will not be adversely affected.

3)

proposed MDP meets the minimum requirements of all other regulating bodies.

4)

establishment of a PUD District will be for the express purpose of improving the land for uses in accordance with an approved MDP.

B.

Review Procedures

1)

Following a pre-application conference with the Building Official and the submission of a complete application and Preliminary MDP, the request will be placed on the agenda of the next regular Commission meeting.

2)

After holding a public hearing on the application for the PUD rezoning and/or approval of a Preliminary MDP, the Commission will make a recommendation for approval, approval with changes, or denial to the Council. With the consent of the applicant, postpone its recommendation for no longer than 60 days to allow time for further review of materials or for the applicant to make and provide requested changes.

3)

If the proposal is deemed by the Commission to be unacceptable, the reasons for that determination will be set forth in its recommendation to the Council.

4)

Any changes approved by the Commission are considered binding on all subsequent development, unless otherwise modified or waived in writing by the Council.

5)

Once the Commission has rendered its decision, the MDP and all related materials, including any changes made thereto, are forwarded to the Council. The Council will approve, approve with changes, or disapprove the rezoning following a public hearing on the matter.

6)

Once approved by the Council, the Preliminary MDP is considered the Final MDP and the applicant may proceed with development. However, any revisions, updates, additions, or changes of any type, require that the MDP be amended in accordance with §6.06.05.

7)

No excavation, demolition or construction is permitted until the MDP has been approved by Council. Upon approval of the MDP, the applicant may then apply for any subdivision approvals or other development permits.

C.

MDP Submittal. PUD applications are submitted to the Planning and Code Department and must include a conceptual plan showing the entire development site and all phases of the proposed development, and must graphically express the overall development concept for the site at completion. The applicant must submit 12 copies of the written document, three copies of the plan set, and an electronic version of said materials in a format approved by the Building Official. The MDP must be drawn to scale by an engineer or architect and shall must include the following:

1)

A legal description and survey of the total site.

2)

A general description of the surrounding area, including current zoning and/or land uses.

3)

A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant and how they are consistent with the City's Comprehensive Plan. The statement should include a description of the character of the proposed development and the rationale behind the assumptions and projections made in relation to the overall growth of the community.

4)

If the development is to be built in stages or phases, a general indication, of how the staging is to proceed, including an estimated date when construction of the PUD will begin.

5)

Delineation of the various land use areas, indicating for each area its general extent and acreage. In residential use areas, the total number of dwelling units and approximate percentage allocation by dwelling unit type (i.e. multifamily dwellings, single-family detached, single-family attached, duplexes, etc.) must be provided, and for nonresidential use areas, the gross square footage of the nonresidential uses.

6)

A calculation of the residential density in dwelling units per gross acre including internal streets and open spaces.

7)

Any proposed innovative development criteria regarding setbacks or other location methods, minimum finished floor areas, signage, parking and loading areas, open spaces, landscaping, screening and buffers. Any standards of the MDP that vary from the requirements of this Ordinance or the Subdivision Regulations must be described explicitly.

8)

The interior open/green space system. Description of how common open space is to be owned and maintained consistent with the requirements of §3.07 Common Open Spaces and Facilities.

9)

Infrastructure connections to existing transportation, water, stormwater and sewage systems.

10)

Protective and/or restrictive covenants, homeowner or business associations and architectural review committees and their function.

11)

Signage Master Plan for all permanent signage, including street and traffic signs.

12)

Any planned interim uses.

13)

A traffic study may be required, if determined to be necessary by the City Engineer.

14)

A proposed schedule for completion of the overall development and any individual phases.

15)

Signed Engineering Contract (as provided by the Commission secretary).

16)

Application fee, as set from time to time by the Council, to cover administrative and public notice costs.

§6.06.05

Additional Provisions

A.

Amendments. To facilitate minor adjustments to the approved MDP as may be necessary, the Building Official may approve minor changes. Major changes must be approved by the Commission and Council, including the following:

1)

An increase or reduction in the land area of the PUD site

2)

An increase or reduction of more than five percent in the total number, or in the type, of dwelling units approved

3)

A reduction in the amount of resource protection, recreation or other open space or land designated for commercial use by more than five percent

4)

Addition, removal or rearrangement of streets, or reduction in the number of pedestrian or bicycle facilities

5)

Changes to the Development Schedule

B.

Duration of Master Development Plan Approval

1)

A building permit must be applied for within 365 calendar days from the date of Council approval. Failure to do so within this time period, voids the MDP. No building permit may be issued without a valid MDP. Upon receipt of a written request from the applicant, the Council may extend this period for one additional year.

2)

Once a Building Permit is issued, the improvements set forth in the MDP must be completed according to the schedule approved as part of the MDP.

C.

The Board may not grant variances that would have the effect of amending an approved MDP.

D.

Subdivisions/Resurveys. The PUD site must be subdivided, if applicable, in accordance with the Subdivision Regulations, except as expressly modified in approval of the MDP, and must conform to the approved MDP and all applicable provisions of this Ordinance. The MDP must be approved prior to, or simultaneously with, the preliminary plat approval.

E.

No amendment of this Ordinance affects a PUD approved prior to such amendment. The PUD may continue in accordance with the Zoning Ordinance in effect at the time of such prior approval. Should the PUD approval expire or be voided, any newly submitted MDP must conform to the regulations in effect at the time of the new submittal.

F.

Violation of the Approved MDP. Any deviation from the MDP, which is not approved in accordance with this §6.06.05, constitutes a violation of this Ordinance.

§6.06.06

Development Standards. Property development standards must be proposed in the MDP and must be consistent with the developmental policies of the Comprehensive Plan. All provisions of this Ordinance and Subdivision Regulations apply except where specifically addressed in this §6.06 or within the approved MDP.

A.

Development must be compatible with site topography. The development should be planned and designed to minimize disruption of flood prone areas, steep slopes, tree canopy, and sensitive plant and animal habitats. As much as possible, natural spaces should be linked together, which may be in the form of a greenway trail system.

B.

Harmonious design, incorporating a variety of building types and variations in building styles, is encouraged.

C.

The development may not adversely affect property in the vicinity and must be compatible with adjacent properties with regard to density, scale, character and use. Buffers, landscaping, setbacks for buildings along the perimeter of the site, or a combination of these may be required for the protection of adjoining properties.

D.

Adequate water, sewer, streets and other facilities and utilities must be available to the PUD or there must be a definite proposal for making them available at the expense of a party other than the City. The Commission may impose such reasonable conditions that it finds necessary to protect and promote the public health, safety, and welfare of the City.

§6.06.07

Use Standards

A.

Permitted Uses: Multifamily dwellings, attached and detached single-family dwellings, day care centers, hotels, parks, recreation facilities, general retail, indoor and outdoor entertainment, business and professional offices, restaurants, bars, night clubs, places of assembly, public buildings or facilities, and similar uses expressly approved as part of the MDP.

B.

Conditional Uses: Veterinary offices, automobile dealerships with or without service bays, car wash, and gas stations with auto repair.

C.

Special District: Any uses not permitted or conditionally permitted may be proposed for inclusion in one or more Special Districts and must be expressly approved as part of the MDP. Unless otherwise determined by the Council, all uses proposed for a Special District are treated as Conditional Uses.

§6.06.08

Density Standards. Areas designated for residential development may not exceed the gross densities outlined in Table 6-8 Density and Open Space Standards.

§6.06.09

Open Space Standards. Common Open Space must be provided in the amounts shown in Table 6-8. No designated common open space may be subdivided in the future, nor may it be reduced in area or used for any purpose other than those permitted as listed above unless approved through an amendment to the MDP.

A.

Maintenance provisions must be included in the MDP, consistent with §3.07 Common Open Spaces and Facilities, for all common open spaces not left in a natural state. Common open space dedicated to the City or other governmental agency for operation and maintenance may not be for the exclusive use of the residents or patrons of the PUD.

§6.06.10

Circulation Standards

A.

The circulation system must support multi-modal transportation; residential areas, commercial areas and open space areas must be interconnected to allow easy access to and from each.

B.

Vehicular access must be from streets capable of supporting existing traffic and traffic to be generated by the development. Access points must be located and designed in accordance with accepted access management practices to separate through and local traffic, maintain capacity, and enhance safety of motorists, pedestrians and bicyclists. Streets, driveways and parking, loading and service areas must be designed to provide safe access to all uses and facilities.

C.

All streets must meet City requirements, except as expressly modified through the approved MDP.

D.

Vehicular circulation must be designed to minimize conflicts with pedestrians and bicycles.

E.

Public sidewalks must be provided on both sides of all public or private streets.

1)

Sidewalks within any commercial area must be at least eight feet wide.

2)

Sidewalks within any residential area must be at least six feet wide.

3)

Sidewalks must comply with the applicable requirements of the Americans with Disabilities Act.

4)

Crosswalks must be well lit and clearly marked.

F.

All streets must meet the requirements of the City of Sylacauga.

§6.06.11

Signage. A Signage Plan must be submitted as part of the MDP and must generally conform to Article 9 Sign Regulations and this Subsection 11. The Commission uses the most compatible sign height, size and location requirements in the Sign Regulations as a guide in reviewing proposed Signage Plans. All permitting and building code requirements apply to signs in a PUD.

A.

Off-premise signs are prohibited.

B.

Street signs must be uniform in design throughout a PUD. If a standard other than that of the City is used, the developer or property owners' association will be responsible for maintenance.

§6.06.12

Stormwater Management Standards. The design and development of the PUD should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. PUDs are subject to the following, in addition to any other applicable regulations:

A.

Storm water detention or retention basin shall be required.

B.

Untreated, direct storm water discharges to wetlands or surface waters are not allowed.

C.

Post development peak discharge rates should not exceed predevelopment peak rates.

D.

All treatment systems or BMPs must have operation and maintenance plans to ensure that systems function as designed.

§6.06.13

Landscaping.

A.

The standards of Article 10 Landscaping Standards apply unless alternate standards are approved with the MDP to address buffering, screening and landscaping for vehicular areas.

B.

Street trees. A minimum of one canopy street tree per 50 ft. of street frontage shall be provided and evenly spaced. Street trees shall be located in a continuous planting strip, or in tree wells, adjacent to the curb. In the case of overhead utility lines, understory street trees may be substituted.

§6.06.14

Outdoor Lighting. Street lighting must be provided along all streets. Street lights must be installed on both sides of the street at intervals no greater than 100 ft. A larger number of smaller lights - as opposed to fewer, high-intensity lights - should be used.

(Ord. No. 2224A-20, 3-17-20)