All uses identified in Article 5 as subject to supplemental use regulations shall comply with all applicable standards for the uses as specified within this article in addition to other requirements of this ordinance.

After the effective date of this ordinance, any existing building proposed for a change in use that under this ordinance is subject to supplemental use regulations, shall be required to obtain a certificate of occupancy from the building inspector stating that the structure, lot and proposed use complies with all standards for the stated use. A certificate of occupancy required for a new building shall similarly reflect the building inspector's satisfaction that all requirements have been met for a use subject to supplemental use regulations.

The following uses shall only be permitted subject to the applicable provisions specified in this article:

(a)

Accessory dwellings, see section 6.04.

(b)

Age-restrictive uses, see section 6.05.

(c)

Animal shelters and kennels, see section 6.06.

(d)

Assisted living facilities, see section 6.07.

(e)

Bed and breakfasts, see section 6.08.

(f)

Cemeteries, see section 6.09.

(g)

Conservation subdivisions, see section 6.10.

(h)

Corner stores, see section 6.11.

(i)

Cottage subdivisions, see section 6.12.

(j)

Day care facilities, see section 6.13.

(k)

Group homes, see section 6.14.

(l)

Hobby farms, see section 6.15.

(m)

Home occupations, see section 6.16.

(n)

Independent living facilities, see section 6.17.

(o)

Junk, salvage and dismantling yards, see section 6.18.

(p)

Mini-warehouses, see section 6.19.

(q)

Multi-family dwellings, see section 6.20.

(r)

Public utility facilities, see section 6.21.

(s)

Pub restaurants, see section 6.22.

(t)

Rooming/boarding houses, see section 6.23.

(u)

Telecommunications towers, see section 6.24.

(v)

Temporary outdoor sales, see section 6.25.

(w)

Townhouses, see section 6.26.

(x)

Upper-story dwellings, see section 6.27.

(y)

Veterinary clinics/hospitals, see section 6.28.

(z)

Wireless communications services, see section 6.29.

(a)

The gross floor area (GFA) of the accessory dwelling shall be at least three hundred (300) square feet and not greater than twenty (25) percent of the GFA of the principal dwelling.

(b)

Accessory dwellings shall be built in accordance with the yard setbacks for principal dwellings in the applicable zone. When located along an alley, an accessory dwelling may be located in accordance with the rear yard setback for accessory structures in the applicable zone.

(c)

If detached from the principal dwelling, the accessory dwelling shall be to the rear of the principal dwelling or within the upper floor of a garage, and shall be placed to avoid objectionable views from adjacent thoroughfares and surrounding properties.

(d)

If attached to the principal dwelling, the accessory dwelling shall maintain the appearance of the principal dwelling, and shall not create additional entrances toward the front of the property.

(a)

No age-restrictive use shall be permitted within one thousand (1,000) feet of any church, school, public park, playground, or single-family residential zone as measured from the nearest lot line of the establishment to the nearest boundary line of the applicable residential zone or the nearest lot line of a church, school, park or playground as otherwise applicable.

(b)

All signs and/or exterior displays of any kind that may be visible from any public thoroughfare or pedestrian way shall be limited to words, phrases or numbers, and shall not include live, animated or pictorial displays, or any material depicting, describing or relating to specified sexual activities or specified anatomical areas. This shall apply to any display, decoration, sign, show window or other openings.

(c)

There shall be no visible exposure to the general public of any activities involving specified sexual activities or specified anatomical areas taking place within an age-restrictive establishment. All doors or windows through which exposure of such activities may occur shall be internally covered by curtains, blinds or similar method or such activities shall be screened from outside view by interior walls or screens of a height and opacity to thoroughly block such activities from view. Windows and doors shall not be blacked out by painting of the glass surface nor covered, internally or externally, in any manner not approved by the fire department.

(a)

Kennels and animal shelters shall not be located closer than two hundred (200) feet of an R-LD, R-MD or R-AH Zone and no closer than one hundred (100) feet of any other residential zone.

(b)

No kennel or animal shelter shall be located within five hundred (500) feet of another kennel or animal shelter.

(c)

Not more than twenty (20) animals shall be housed or boarded at any one time. Overnight boarding areas shall be completely enclosed within the building.

(d)

Outdoor runs shall be located to the rear of the building and all such areas visible from a public right-of-way shall be enclosed with a wooden privacy fence or similar weather-resistant, durable, and opaque material. Fences (or walls) shall be less than four (4) feet nor greater than eight (8) feet in height and shall be subject to the applicable regulations of section 4.07 and section 4.10.

(e)

All waste material shall be stored in closed containers and screened from all thoroughfares and adjoining properties by a fence, wall or plant screen at least as high as the containers.

(f)

Emission of any offensive odors, beyond the lot line, is not permitted at any time.

(a)

General standards. No certificate of occupancy shall be issued prior to the issuance of required permits and certificates by federal, state, and local agencies.

(b)

Locational standards.

(1)

Assisted living facilities shall only be permitted in locations with access to public sewer and water.

(2)

Off-site grocery and other commercial and medical conveniences should be within the ability of aged persons to reach them easily: by walking safely to them (within one thousand (1,000) feet on level sidewalks) or by transportation provided by project and facility owners with frequent daily schedule service within a five- to ten-minute ride to grocery and other commercial and medical conveniences.

(3)

The location, design, and operating characteristics of the use shall be compatible with and not adversely affect adjacent properties and the surrounding area. The proposed development shall be harmonious with surrounding buildings with respect to scale, architectural design, and building placement.

(4)

The street network shall be capable of accommodating the traffic generated by the proposed use.

(c)

Site standards. Requests for an increase in the number of units may be approved by the board of adjustments.

(1)

These facilities should be designed so as to cluster the residential units and associated buildings based on the net density and provide sufficient open space and amenities areas.

(2)

Ten (10) percent of the total parking spaces shall be designated as handicap accessible.

(3)

Each unit shall contain at least four hundred (400) sf of gross floor area.

(4)

Area regulations. All buildings shall be set back from public rights-of-way and lot lines as required by the applicable zone and as required by section 4.08 for buffers. The minimum setback from a state highway shall be fifty (50) feet.

(a)

Bed and breakfast establishments shall only be permitted in single-family detached dwellings. The owner/operator shall be the owner and primary occupant of the dwelling.

(b)

Meals may be served to guests as part of the room fee, but in no case shall meals be served for compensation to persons not staying in the bed and breakfast.

(c)

No cooking facilities shall be permitted in any bed and breakfast guest room.

(d)

There shall be no external alteration to the building except as may be necessary for safety facilities such as fire escapes.

(e)

Rooms shall be rented on a nightly basis for periods not to exceed one (1) week.

(f)

Not more than one (1) non-family member of the owner shall be employed within the establishment.

Cemeteries shall conform to all applicable state and county regulations and the following provisions:

(a)

Min. lot area—forty (40) acres.

(b)

Access. The entrance shall be provided on a major thoroughfare with ingress and egress designed to minimize traffic along a residential thoroughfare.

(c)

Setbacks.

(1)

All graves shall be set back not less than fifteen (15) feet from any property/lot line.

(2)

All mausoleums, columbarium, crematories or cemetery chapels shall be set back not less than thirty five (35) feet from any property/lot line.

(3)

No gravesite shall be located closer than one hundred fifty (150) feet from a water line or underground water supply.

(d)

Additional buffer requirements. A six-foot evergreen hedge shall be provided along any portion of the perimeter of the site abutting a residential zone.

(a)

Intent.

(1)

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

(2)

To enhance quality of life by promoting the creation of accessible greenspaces throughout the community;

(3)

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

(4)

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation;

(5)

To allow clustering of homes and orienting them closer to the street, thereby providing gathering places and encouraging the use of parks as focal points within the community;

(6)

To encourage street designs that reduce traffic speeds and excessive reliance on main arteries for trips generated;

(7)

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

(8)

To reduce perceived density by providing a maximum number of lots with direct access to and views of open space.

(b)

General regulations.

(1)

Applicability of regulations. The conservation subdivision is available as an option on properties directly affected by the presence of flood hazard areas, wetlands, severe topography, and areas otherwise affected by federal, state, or city environmental regulations. The applicant shall comply with all other provisions of the zoning ordinance and all other applicable regulations, except those incompatible with the provisions herein.

(2)

Ownership of development site. The tract of land to be subdivided and/or developed may be held in single, separate, and multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.

(3)

Density determination. The maximum number of lots on the site shall be determined, first by the preparation of a yield plan and then preparation of a conservation subdivision plan. The yield plan is a conventional subdivision plan conforming to the lot requirements of the applicable zone, but not including protected open space. The plan does not have to meet the formal requirements for a site design plan, but the design must be reasonably capable of being constructed given site constraints and applicable regulations. Following the preparation of the yield plan, the developer shall prepare a conservation subdivision plan which yields no more lots than identified within the yield plan. The conservation subdivision plan shall identify open spaces to be protected in accordance with section 6.09.(d) and may include lots which do not meet the size and setback requirements of the applicable zone.

(c)

Application requirements.

(1)

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

a.

Property boundaries;

b.

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

c.

All boundaries of applicable regulated buffer areas, easements, and rights-of-way;

d.

Topographic features of no less than five-foot intervals;

e.

All primary and secondary conservation areas labeled by type, as described in section 6.09(d) of this section;

f.

General vegetation characteristics;

g.

General soil types;

h.

Planned location of protected open space;

i.

Existing roads and structures; and

j.

Potential connections with existing greenspace and trails.

(d)

Open space management plan required. An open space management plan, as described in section 6.09(d), shall be prepared and submitted prior to the issuance of a land disturbance permit.

(1)

Instrument of permanent protection required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in section 6.09(d), shall be placed on the open space concurrent with the issuance of a land disturbance permit.

(2)

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

(3)

Open space.

a.

Definition. "Open space" is the portion of the conservation development or subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

b.

Standards to determine open space.

1.

The minimum restricted open space shall comprise at least twenty-five (25) percent of the gross tract area.

2.

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

(i)

The 100-year floodplain;

(ii)

Riparian zones of at least seventy-five-foot width along all perennial and intermittent streams;

(iii)

Slopes above twenty-five (25) percent of at least ten thousand (10,000) square feet contiguous area;

(iv)

Wetlands that meet the definition used by the Army Corps of Engineers pursuant to the Clean Water Act;

(v)

Populations of endangered or threatened species, or habitat for such species;

(vi)

Existing trails that connect the tract to neighboring areas; and

(vii)

Archaeological sites, cemeteries and burial grounds.

3.

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

(i)

Important historic sites;

(ii)

Existing healthy, native forests of at least one (1) acre contiguous area;

(iii)

Individual existing healthy trees greater than eight (8) inches caliper; and

(iv)

Other significant natural features and scenic view sheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads.

4.

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

5.

At least thirty-three (33) percent of the open space shall be suitable for passive recreational use.

6.

At least seventy-five (75) percent of the open space shall be in a contiguous tract. The open space shall adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected open space.

7.

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

c.

The following uses shall be permitted within the open space:

1.

Conservation of natural, archeological or historical resources;

2.

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

3.

Walking or bicycle trails constructed of porous paving materials;

4.

Passive recreation areas, such as open fields;

5.

Active recreation areas, provided that they are limited to no more than ten (10) percent of the total open space and are not located within primary conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

6.

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

7.

Easements for drainage, access, and underground utility lines;

8.

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

d.

The following uses shall be prohibited within the open space:

1.

Golf courses;

2.

Roads, parking lots and similar impervious surfaces, except as specifically authorized in the previous sections;

3.

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

4.

Impoundments; and

5.

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

e.

Ownership and management of open space.

1.

A homeowner's association representing residents of the conservation subdivision shall own the open space. Membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. The homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the homeowner's association.

2.

Management plan. Applicant shall submit a plan for management of open space and common facilities that:

(i)

Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;

(ii)

Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided;

(iii)

Provides that any changes to the plan be approved by the commission; and

(iv)

Provides for enforcement of the plan.

3.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

f.

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

1.

A permanent conservation easement in favor of either:

(i)

A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

(ii)

A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance.

2.

If the entity accepting the easement is not the city, then a third right of enforcement favoring the city shall be included in the easement.

(i)

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

(ii)

An equivalent legal tool that provides permanent protection, if approved by the city.

(e)

Tax assessment of open space. Once a legal instrument for permanent protection has been placed upon the open space, the Tax Assessor of Jefferson County shall be requested to reassess the open space at a lower value to reflect its more limited use. If the open space is used purely for passive recreational purposes and the terms of the instrument for permanent protection effectively prohibit any type of significant economic activity, then the assessment should be at a value of zero.

(a)

Location and proximity. Where permitted in residential zones, corner stores shall only be permitted on corner lots, no more than one (1) per block, and shall not be located closer than one thousand (1,000) feet to another corner store in a residential zone.

(b)

Max. gross floor area: 2,500 sf.

(c)

Use criteria.

(1)

Permitted uses. Groceries, offering general food and beverages, produce, deli/bakery goods, and household items. Corner stores may also offer books and magazines, home office supplies, hardware, video rental, and/or beer and wine sales only as accessory uses to the principal use as a grocery.

(2)

Prohibited uses. Automotive gas sales; laundry pick-up stations; laundromats; sales of alcoholic beverages other than beer or wine; sales of food and alcoholic beverages for on-premises consumption; and gambling devices.

(d)

Design criteria.

(1)

Signs. One (1) building-sign and window signs in conformance with Article 8 shall be permitted only. No other sales or product advertising signs shall be permitted outside of the building.

(2)

Access. Access to required off-street parking shall be by alley only, or in the absence of an alley, by a driveway in accordance with section 4.11. access management regulations.

(a)

Cottage homes shall be developed in clusters of a minimum of four (4) to a maximum of ten (10) homes.

(b)

Each cottage home shall front on and have a covered porch and main entry facing the common open space.

(c)

The common open space shall be maintained by a homeowners' association.

(d)

The common open space shall include at least two hundred fifty (250) square feet per cottage home and shall not be less than forty (40) feet in width.

(e)

Cottage homes shall have a covered porch at least sixty (60) square feet in size.

(f)

Parking for cottages shall be accessed by a common driveway or alley of a width necessary to accommodate turning into parking spaces. Parking spaces shall:

(1)

Be clustered together or provided individually at the rear of each home;

(2)

Be separated from the common area by landscaping, wall or architectural screen;

(3)

Be screened from thoroughfares and adjacent residential uses by landscaping, wall or architectural screen; and not be permitted within forty (40) feet of a public right-of-way.

(g)

The driveway or alley shall be separated from abutting residential lots (not on-premise) by a twenty-foot natural buffer consisting of evergreen trees spaced no greater than forty (40) feet on center and a continuous, evergreen hedge.

(h)

Setbacks for all structures from interior lot lines shall be an average of ten (10) feet, but not less than five (5) feet, except fifteen (15) feet from a public right-of-way. Buffers and setbacks from exterior lot lines shall be in accordance with the requirements of the applicable zone.

Day care facilities, operated within a residence, are not subject to the requirements for home occupations but shall comply with the following requirements:

(a)

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

(b)

General provisions.

(1)

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

(2)

The building inspector, or a person designated by the building inspector or council, shall have the right to enter and inspect the dwelling or accessory buildings for compliance purposes following advance notice to the property owner.

(3)

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

(4)

Day care facilities utilizing, or proposing to utilize, an on-site sewage disposal system shall obtain a written statement from the Jefferson County Health Department certifying that the system is properly designed to accommodate the use and that there are no apparent signs of system failure.

(5)

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

(6)

The expansion of a family day care home to a day care center shall require rezoning to a zone in which a day care center is permitted. When applying for rezoning, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, on-lot sewage disposal facilities, parking spaces, and the child or adult drop-off circulation pattern.

(7)

Application and permitting procedure. Any individual proposing a family day care home shall submit an application for a family day care home permit to the building inspector who will review the application for compliance with the zoning ordinance. If the application demonstrates compliance with the zoning ordinance, the Building Inspector shall grant the permit.

(c)

Family day care homes. In addition to the other provisions of this Section, family day care homes shall comply with the following:

(1)

The facility must have a current state registration certificate. Proof of registration renewal must be supplied to the city every two (2) years.

(2)

There shall be no external signage allowed for the day care use.

(3)

Family day care homes shall only be permitted in single-family detached dwellings.

(d)

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

(1)

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

(2)

A fence with a minimum height of four (4) feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.

(3)

If the facility has access to thoroughfares of different classifications, access shall be provided using the thoroughfare of lesser functional classification.

(4)

Play equipment shall be located at least ten (10) feet from all lot lines.

(5)

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

(a)

A group home shall only be permitted in a detached dwelling unit situated on a lot having a minimum area of ten thousand (10,000) square feet and shall provide a minimum of three hundred fifty (350) square feet of habitable floor area for each resident.

(b)

There shall be no more than six (6) persons permitted to occupy a group home, excluding staff personnel.

(c)

Common kitchen and dining facilities may be provided, however, no cooking or dining facilities shall be provided in individual resident's rooms.

(d)

A group home shall be affiliated with a parent organization, which provides for the administration of the group home through the direction of a professional staff.

(e)

A group home shall not be located within two thousand (2,000) feet of another group home.

(f)

A group home shall comply with all applicable safety, fire, accessibility and building codes as required by federal, state and local governments. The applicant shall demonstrate compliance with all State requirements for group homes.

(g)

A minimum of four (4) off-street parking spaces shall be provided.

(h)

The applicant shall demonstrate that adequate public sewer and water service is available to the proposed group home.

(a)

Minimum lot size—two (2) acres.

(b)

Minimum setback of agricultural structures shall be:

(1)

Livestock barns—fifty (50) feet from adjoining lot lines, one hundred (100) feet from nearest thoroughfare rights-of-way, one hundred (100) feet from the nearest existing residence on any adjoining lot.

(2)

Fowl houses—one hundred (100) feet from adjoining lot lines, three hundred (300) feet from nearest thoroughfare rights-of-way, three (300) feet from the nearest existing residence on any adjoining lot.

(3)

Swine shall not be housed, fed, and/or watered within one hundred (100) feet of any adjoining lot line or within (300) feet of any thoroughfare right-of-way.

(4)

Fowl pens shall not be located within any required yard.

(c)

The maximum number of animals permitted on a hobby farm in an R-LD Zone shall be two (2) animal equivalent units, as determined by Table 6.14, for the first net acre, which excludes required setbacks and developed and impervious surface areas. A maximum of one animal equivalent unit shall be allowed for each additional net acre. No more than twenty (20) individual animals per property shall be permitted. Equivalents for animals not listed shall be determined by the commission as needed. Offspring shall not be counted until they are weaned. Animals which are not weaned shall be counted when they reach half their adult weight based on industry standards. Keeping of livestock in quantities greater than provided herein shall be permitted only in an AG Zone.

TABLE 6.15. ANIMAL EQUIVALENT UNITS

(d)

Piles of feed or bedding shall be located no closer than fifty (50) feet from a public thoroughfare right-of-way line, lot line, or Zone boundary to minimize odor and nuisance problems.

(e)

Manure shall be stored for removal and disposed of in accord with all applicable county, state and federal regulations. No manure piles shall be located closer than fifty (50) feet from a public right-of-way, lot line, zoning boundary, wetland, watercourse or other water body.

(a)

Background and intent. The city recognizes the need to establish regulations pertaining to home-based occupations to afford opportunities for residents to work from home. Home occupations will particularly benefit individuals with physical disabilities, as well as those having to care for children or the elderly within their home. It is the intent of this section to establish regulations, which will permit home occupations in a manner that will preserve the peace, quiet and tranquility of residential neighborhoods, and to ensure the compatibility of such uses with other uses permitted within the same zone.

(b)

Classifications of home occupations. All home occupations shall be classified as either "minor home occupations" or "major home occupations" as defined in Article 3 of this ordinance.

(c)

To the extent that such uses are consistent with the definition of a "minor home occupation", minor home occupations shall include but are not limited to the following uses:

(1)

Artists, craftsmen and sculptors;

(2)

Cake baking and decorating;

(3)

Computer programming and word processing;

(4)

Dress making, sewing, tailoring contract sewing;

(5)

Grooming of dogs and cats;

(6)

Home instruction;

(7)

Laundry and ironing services;

(8)

Mail order or phone order;

(9)

Millinery;

(10)

Music composing;

(11)

Photography;

(12)

Professional office uses including realtors and insurance sales;

(13)

Saw, scissors, and blade sharpening;

(14)

Telephone related services;

(15)

Television, radio, electronics, and small appliance repair.

(d)

Major home occupations shall include the following:

(1)

Any use listed above as a minor home occupation that exceeds the standards specified in section 6.15.05 [sic].

(2)

Any home occupation that satisfies the definition of a "major home occupation" as defined in Article 3 of this ordinance.

(e)

Uses not permitted as home occupations. The following uses shall not be permitted as home occupations in residential zones, except as otherwise permitted within an AG Zone:

(1)

Ambulance services;

(2)

Animal boarding/kennels or veterinary services;

(3)

Appliance repair (major appliances);

(4)

Gift or antique shop;

(5)

Health salon, gym, dance studio, aerobic exercise studio, or massage parlor;

(6)

Helicopter service;

(7)

Limousine, hearse, or cab service;

(8)

Locksmith;

(9)

Minor or major repair, detailing, or painting of engines (small or large), vehicles, trailers, or boats;

(10)

Mortician or funeral home;

(11)

Palm reading/fortune telling;

(12)

Material or metal fabrication shops or machine shops;

(13)

Photo development;

(14)

Private club;

(15)

Private school with organized classes;

(16)

Production woodworking and cabinet making;

(17)

Rental services, businesses, or sales from site (except direct distribution);

(18)

Restaurants or taverns;

(19)

Towing;

(20)

Welding shop;

(21)

Well drilling; and

(22)

Other similar uses, which may, in the opinion of the building inspector, result in an adverse impact on a residential neighborhood.

(f)

All dwellings containing a home occupation shall comply with the following:

(1)

The person conducting the home occupation shall be a full-time resident of the dwelling in which the home occupation is being conducted. There shall be no employment of help other than members of the resident family.

(2)

A maximum of twenty-five (25) percent of the gross floor area of the dwelling, excluding attics, garages, and basements, shall be used for a home occupation.

(3)

Not more than one (1) major home occupation shall be permitted within any single dwelling unit.

(4)

No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling.

(5)

Storage of materials, products, or machinery used for the home occupation shall be wholly enclosed by the dwelling or accessory building, within the maximum floor area previously defined.

(6)

The home occupation shall be conducted entirely within the dwelling or accessory building. The attached garage or detached garage area may be used for the home occupation purposes provided that such use does not cause the elimination of the required off-street parking spaces for the dwelling.

(7)

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

(8)

Deliveries from commercial suppliers shall comply with all applicable state regulations and shall not restrict traffic circulation.

(9)

A home occupation shall not produce noise, obnoxious doors, vibrations, lighting glare, fumes, smoke, or electrical interference detectable to normal sensory perception on any adjacent lots or streets.

(10)

There shall be no illegal discharge of any materials, fluids, or gases into the sewage disposal facilities or in any other manner that would be in violation of any applicable governmental law, rule, or regulation.

(11)

Sales of goods on the premises shall be limited to goods lawfully made on the premises; goods relating to services performed on the premises; and goods ordered previously by telephone or at a prior sales meeting, that are not made on the premises and that do not relate to services performed on the premises.

(12)

Home occupations shall not involve the use or storage of explosive, highly combustible, or hazardous materials.

(13)

"Parties" for the purpose of taking orders for the selling of merchandise shall not be held more than one (1) time per week.

(14)

The size of commercial vehicles used for the home occupation shall not exceed twenty (20) feet in overall length or seven (7) feet in height and shall not have a load capacity in excess of one (1) ton.

(g)

Application and permitting procedure. Home occupations shall be subject to the following application and approval process:

(1)

Minor home occupations: No application required.

(2)

Major home occupations: All major home occupations shall be subject to the following application and approval process:

a.

The applicant shall demonstrate compliance with the requirements of this ordinance and shall request a conditional use permit from the council following a recommendation from the commission.

b.

If a conditional use permit is granted, the applicant shall submit an application for a major home occupation permit to the building inspector. After confirming that the conditions of the council have been satisfied, the building inspector shall issue the permit. Such review of the application may require the building inspector to visit the dwelling if deemed necessary.

c.

Major home occupation permits shall expire (1) one year from the date of issuance, and once granted may be renewed without additional hearings, subject to the provisions of this section. An application form for permit renewal must be completed and submitted to the building inspector with the annual permit fee prior to the annual deadline but not earlier than thirty (30) days. Failure to renew or pay any required fees shall be grounds for revocation of a permit.

d.

The annual fee for a major home occupation permit shall be established by the city council.

(a)

General requirements.

(1)

Parking areas shall be setback no less than fifteen (15) feet from the building and a sidewalk of no less than five (5) feet in width shall be provided between the principal building(s) and parking areas.

(2)

All utilities shall be placed underground; and all independent living facilities shall be served by public water and sewer.

(b)

Requirements for a facility in a single building.

(1)

Entrances to individual units shall be from the interior of the building. Mailboxes and laundry rooms shall also be within the same building.

(2)

No less than fifteen (15) percent of the site area shall be improved for the passive recreational use of tenants.

(c)

Requirements for a facility (complex) with multiple buildings.

(1)

Minimum site area: Twelve thousand (12,000) square feet.

(2)

All buildings shall be set back at least fifteen (15) feet from all parking areas. A sidewalk of no less than five (5) feet in width shall be provided between all buildings and parking areas.

(3)

Buildings shall be spaced front-to-front, front-to-rear, front-to-side, and rear-to-rear at least to a distance equal to twice the tallest building height and spaced side-to-side and side-to-rear at least to a distance equal to the tallest building height.

(4)

No less than thirty (30) percent of the site area shall be improved for the passive recreational use of tenants.

Buffers and screening. The buffer requirements of section 4.08 and screening requirements of section 4.09 pertaining to auto dismantling, junk and salvage yard operations shall be modified as follows:

(1)

A minimum eight-foot wall, privacy fence or other suitable screen shall be provided to block views of all outdoor storage areas from adjacent public thoroughfares and neighboring properties.

(2)

All wrecked cars, cars to be dismantled, and other junk will be stored at all times to the rear (behind) the required screen.

(a)

Individual storages space shall not exceed four hundred (400) sf in area nor one (1) story in height.

(b)

All storage space shall be served by a paved driveway of eleven (11) feet minimum width for each direction of travel.

(c)

The entire site shall be enclosed by security fencing of eight feet minimum height. Fence shall be composed of materials designed for such use, including: masonry, iron, steel, wood or a combination of these.

(d)

Buffers, screens and fencing shall be in accordance with the applicable requirements of section 4.08, section 4.09 and section 4.10.

(e)

No storage space shall be used for other than storage purposes.

(a)

Requirements applicable to all multi-family dwelling types.

(1)

Parking areas for tenants shall be setback behind the front building line and shall further be setback no less than fifteen (15) feet from the building. A sidewalk of no less than four (4) feet in width shall be provided between the building and parking area.

(2)

All utilities shall be placed underground; all multi-family dwellings shall be served by public water and sewer.

(3)

Minimum lot size: Seven thousand (7,000) sf plus two thousand (2,000) sf for each additional unit.

(4)

Min. front yard setback: Twenty (20) ft when abutting a single-family dwelling, duplex or triplex fronting on same thoroughfare, otherwise none required.

(5)

Min. side yard setback: See section 408 for buffer requirements.

(6)

Min. rear yard setback: Twenty-five (25) ft, see also section 408 for buffer requirements.

(b)

Requirements for apartment and condominium buildings.

(1)

Only one (1) multi-family building shall be permitted per lot.

(2)

Entrances to individual units shall be from the interior of the building. Mailboxes and laundry rooms shall also be within the same building.

(3)

No less than fifteen (15) percent of the site area shall be improved and maintained as open space for the passive recreational use of tenants.

(c)

Requirements for apartment complexes.

(1)

Minimum site area: Twelve thousand (12,000) square feet.

(2)

Two (2) or more principal buildings shall be permitted per lot.

(3)

Buildings shall be spaced front-to-front, front-to-rear, front-to-side, and rear-to-rear at least to a distance equal to twice the tallest building height and spaced side-to-side and side-to-rear at least to a distance equal to the tallest building height.

(4)

No less than thirty (30) percent of the site area, and not less than two thousand five hundred (2,500) square feet, shall be improved and maintained as open space for the passive recreational use of tenants. Such open space shall be located so as to be accessible to the largest number of tenants.

(a)

General provisions. Public utility facilities shall only be approved as conditional uses by the council following a recommendation by the commission.

(b)

Location. Public utility facilities shall be situated on site to minimize visibility from adjacent businesses and dwellings through the use of existing topography and vegetation and further situated to maximize distance between any buildings on adjoining lots. The facility and its perimeter screening shall be setback no less than fifty (50) feet from any non-residential building and no less than one hundred (100) feet from any dwelling.

(c)

Landscaping buffer and screening.

(1)

A landscaped buffer shall effectively screen the view of the facility in accordance with section 4.08.

(2)

For sites within one thousand (1,000) feet of a residence, screening shall include a decay-resistant, solid wood fence, brick or masonry walls, or a combination thereof.

(3)

All fencing and landscaping shall be maintained by the owner.

(4)

In locations where the visual impact of the facility would be minimal, such as remote, agricultural or rural locations, or developed heavy industrial areas, the landscaping requirements may be reduced or waived by the council.

(5)

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

(6)

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

(a)

A dining area shall be provided of at least eight hundred (800) square feet and equipped with tables and chairs accommodating at least twenty-five (25) persons at one time;

(b)

At least one (1) meal shall be served per day of operation;

(c)

Such place shall be duly licensed by the ABC Board for the sale of liquor, malt or brewed beverages and/or table wines for on-premises consumption; and

(d)

The serving of such food or meals shall constitute the principal business of such establishment, with the serving of liquor, malt or brewed beverages and/or table wines being only an incidental part of the business. During any ninety-day period, the gross receipts from the serving of meals and food shall constitute sixty (60) percent or more of the gross receipts of the business.

(a)

Rooming/boarding houses shall only be permitted in single-family detached dwellings and shall be operated by the owner and primary occupant of the dwelling.

(b)

Rooming/boarding houses shall only be permitted on lots with access to public sewer and water.

(c)

At least three (3), but not more than six (6), boarding rooms shall be available in a rooming/boarding house.

(d)

Meals may be served for compensation only to boarders; in no case shall meals be served for compensation to persons who are not boarders of the establishment. No cooking facilities shall be permitted in any boarding room.

(e)

There shall be no external alteration to the building except as may be necessary for safety facilities such as fire escapes.

(f)

Rooms shall be rented on a weekly or monthly basis.

(g)

Rooming/boarding houses shall be in compliance with all State and county requirements for such uses.

(a)

Applicability. All communication towers shall meet the minimum requirements as prescribed in this ordinance and any additional regulations adopted by the council governing the development and construction of communication towers and antennae. Telecommunications towers shall be prohibited in any residential zone of the City of Tarrant, Alabama but may be approved as conditional uses by the council in AG, GC and industrial zones only, following a recommendation by the commission.

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(c)

Development criteria. The building inspector and city engineer shall review all communications towers requesting permits for compliance with the applicable standards and criteria listed below. Where applicable, off-street parking may be required. The following criteria are considered the minimum necessary to protect the public health, safety and general welfare. The council may also impose higher standards if it deems them to be necessary to further the objectives of this section.

(1)

Setbacks.

a.

Where permitted, the distance between the base of the tower, including guys, accessory facilities and lot lines abutting residential zones, public parks and thoroughfares, must equal twenty (20) percent of the tower height. Lot lines adjacent to other uses (e.g. agricultural, industrial) shall require a setback equal to the rear yard setback of the applicable zone.

b.

When located adjacent to a residential zone or dwelling, the minimum standard setback from all adjoining residential property boundaries shall be fifty (50) feet.

c.

The site plan review by the council may reduce the standard setbacks in exceptional cases where a hardship would result due to unusual conditions on the site or other impracticalities. However, the council shall not reduce the setbacks to the detriment of affected residential properties.

(2)

Appearance.

a.

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

b.

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

c.

The design of the tower compound shall, to the greatest extent possible, maximize use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment.

d.

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

(3)

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

(4)

Landscaping.

a.

A landscaped buffer shall effectively screen the view of the tower compound in accordance with section 4.08 and other specifications herein.

b.

The standard buffer shall consist of a landscaped strip and dark vinyl coated steel security fencing of the perimeter of the compound. The buffer strip shall be planted with a combination of trees, shrubs, vines and/or ground covers that can achieve the full height of the fence at maturity and enhance the outward appearance of the security fence. For sites within one thousand (1,000) feet of a residence, the site plan review by the council may impose increased buffer standards to include a decay-resistant, solid wood fence, earth berms and brick or masonry walls in addition to the security fencing. All fencing and landscaping shall be maintained by the lessor/owner.

c.

In isolated non-residential areas, alternative landscaping methods may be accepted, such as the use of earth-tone colored, vinyl-coated steel security fencing in combination with evergreen trees, shrubs, vines and/or other plantings of four (4) feet or taller in height.

d.

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

e.

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

f.

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

g.

Security devices. The facility shall be fully secured. A minimum eight (8) feet high, dark vinyl coated steel fence shall be installed around the entire perimeter of the compound (measured to the top of the fence or barbed wired, if applicable). Security fencing shall require screening in accordance with landscaping requirements, as defined above. Other security measures shall include locks and alarms. Approved barbed or razor wire and lighting of the compound shall be permitted, if deemed necessary to fully secure the tower compound.

h.

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

i.

Co-Location. No new tower shall be established if space is structurally, technically and economically available on an existing tower, which would serve the area that, the new tower would serve. Documentation that reasonable efforts have been made by the applicant to achieve co-location shall be submitted in accordance with the requirements of this section. Towers shall be designed to maximize shared use to the greatest extent possible, given the structural and technical limitations of the type of tower proposed. In any event, co-location shall be encouraged. If feasible, each tower shall, at a minimum, be designed for double its intended use for all transmitting and receiving antennae other than microwave dish antennae.

j.

Removal of obsolete towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owners' expense. The owner shall provide the building inspector with a copy of the notice of the FCC of intent to cease operations, which shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of single tower, this provision shall not become effective until all users cease operations.

(d)

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

(1)

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

(2)

Site plan. A scaled site plan shall show the location and dimensions of all improvements, including setbacks, drives, parking, fencing, landscaping, and other information necessary to determine compliance with the development criteria of these guidelines.

(3)

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

(4)

Justification for a new tower. A proposal for a new tower shall be documented by the applicant that the planned equipment for a proposed tower cannot be accommodated on an existing tower within the proposed service area. The applicant shall submit a written affidavit showing what attempts have been made to share an existing tower or that no such tower exists.

(5)

Certification of shared use design. A qualified engineer, registered in the State of Alabama, shall certify that the proposed tower's structural design can accommodate a minimum of two (2) shared users, in accordance with section 6.24(c).

(6)

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

(7)

Anticipated capacity. Total anticipated capacity of the structure, including the number and types of antennae that can be accommodated.

(a)

Applicability. This section establishes standards for temporary outdoor sales activities, including produce stands and seasonal sales. Permanent outdoor retail sales, as a principal use, shall be subject to all provisions of the zones in which they occur.

(b)

General requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided by this section:

(1)

Hours of operation. Daylight hours only, with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. Night operations are allowed only when specifically authorized through a conditional use permit approval unless otherwise provided by this section.

(2)

Parking requirement. None, provided sufficient open area is available to accommodate all employee and customer parking needs on the site, entirely outside of public rights-of-way other than designated on-street parking spaces.

(c)

Food sales. The sale of raw or processed foodstuffs is subject to the applicable regulations of the Jefferson County Health Department.

(d)

Setback. All sales areas shall be setback from adjacent rights-of-way no less than thirty (30) feet.

(e)

Permission of property owner. Where the vendor is other than the property owner, the vendor shall provide the building inspector a written agreement signed by the property owner authorizing the temporary use of the property by the vendor for temporary outdoor sales.

(f)

Association with an existing building. Generally, temporary outdoor sales shall occur only on lots with an existing, occupied building. However, exceptions may be specifically authorized through conditional use permit approval.

(g)

Produce stand. A produce stand pursuant to this Section is the temporary use of a site for the sale of food and farm produce items from a structure intended for that purpose or from parked vehicles and shall require a conditional use permit.

(1)

Produce stands are limited to the sale of food and produce items, including raw and prepared foodstuffs, plants and cut flowers. Livestock and poultry are prohibited.

(2)

Produce stands shall occur no more than three days per week on any site, unless otherwise provided for in the applicable zone.

(h)

Seasonal sales. Seasonal sales include the retail sale of holiday vegetation, including pumpkins and Christmas trees or other similar activity. Seasonal sales shall be of a non-commercial nature and sponsored by a group of persons residing in the city. Such sales shall not be required to obtain a conditional use permit.

(1)

Time limit. The length of time during which seasonal sales may occur is limited to thirty (30) days.

(2)

Hours of operation: 8:00 a.m. to 9:00 p.m. for seasonal sales.

(3)

Sales from parked vehicles. Sales from parked vehicles are prohibited except in an approved produce stand.

(a)

Site and lot requirements.

(1)

Min. site area—Fourteen (14,000) sf.

(2)

Min. open space—Thirty (30) percent, to be calculated per site or per lot.

(3)

Min. lot area—Two thousand (2,500) sf.

(4)

Min. lot width—Twenty-two (22) ft.

(b)

Building requirements.

(1)

Max. building height—Three (3) stories.

(2)

Min. front yard setback—Twenty (20) feet when abutting a single-family dwelling, duplex or triplex fronting on same thoroughfare, otherwise ten (10) feet.

(3)

Min. side yard—Ten (10) feet for corner lots only (see illustration) and as otherwise required by section 4.08 for buffers.

(4)

Min. rear yard—Twenty (20) feet, see also section 4.08 for buffers.

(5)

Max. number of attached units—Eight (8).

(6)

Min. floor area (1-story unit)—One thousand (1,000) sf.

(7)

Min. floor area (2+ stories)—Five hundred (500) sf first floor and one thousand (1,000) sf total.

(c)

Parking. Parking shall be provided at the rear of each unit, in a central parking area behind the units, or in individual garages accessible from the rear of each lot. Off-street parking shall not be provided between the front of the unit and the sidewalk.

(d)

Open space. Required open space may be included on each lot, preferably in a rear yard, or in a common open space, accessible to all residents of the townhouse development.

(a)

Generally. Upper-story dwellings in mixed-use buildings shall be located on a floor level above a use of another type (i.e. institutional, office, retail or service, etc.) and no non-residential use shall be located on the same floor. In all cases, provision of emergency egress and fire separation shall comply with all requirements of the building code.

(b)

Live-work. Single-family dwellings in mixed-use buildings are primarily intended for the occupancy of the owner or manager of the associated use(s) within the building. In such cases, the dwelling unit may be accessible from within the associated use. In all other cases, access to the single-family dwelling shall be from the exterior of the building or other entrance separate from the use(s) within the ground floor of the building. If the dwelling is to be occupied by other than the owner of the associated use, the dwelling shall have an entrance separate from the associated use.

(c)

Multi-family dwellings in a mixed-use building. Multi-family dwelling units shall be accessible from a shared exterior entrance or one interior entrance commonly shared between the different uses housed in the upper floors of the building. Dwelling units shall not be accessible directly from another unit or use within the building.

(a)

Veterinary facilities shall not be located within two hundred (200) feet of R-LD, R-MD, R-HD, R-MF and R-AH Zones.

(b)

All areas where animals have access or are kept shall be soundproofed to contain all sounds on-site prior to the issuance of a certificate of occupancy.

(c)

All waste material shall be stored in closed containers that are screened from all thoroughfares and adjoining properties by a fence, wall or plant screen at least as high as the containers. Refer to section 4.09.

(d)

Emission of any offensive odors is not permitted at any time.

(a)

General requirements. In addition to the submittal requirements for zoning approval, applications for wireless communication services shall include the following:

(1)

A network design plan for all of the service provider's existing and planned sites in the city and surrounding jurisdictions. The network design plan shall indicate the location of existing and proposed facilities and the service area covered by each site.

(2)

A qualified electrical engineer licensed by the state of Alabama shall prepare an evaluation of the radio frequency (RF) field exposure conditions of the facility demonstrating that the radiation levels generated by the facility meet Federal standards and that interference to consumer electronic products is unlikely to occur. The evaluation shall include the following:

a.

The maximum exposure conditions directly adjacent to the antenna and at the closest point the public could come into contact with radiation, including upper floors of residential, institutional or commercial buildings.

c.

The maximum cumulative exposure conditions of all personal wireless services and facilities within the vicinity.

d.

Certification shall be provided by the electrical engineer prior to final inspection of the facility that the RF field exposure conditions are per the submitted evaluation.

(3)

Visual representations sufficient to accurately show the appearance of the proposed facility, such as photomontages, mock-ups, and story poles. When feasible, scaled mock-ups shall be constructed on site.

(4)

The city may require a co-location agreement binding the applicant and property owner to make the facility available in the future for the installation of additional communication equipment by other wireless communication providers.

(5)

If the facility is abandoned in the future, the applicant shall be required to remove the wireless communication antennas and equipment from the site.

(6)

Wireless communication services and all equipment, such as emergency generators and air conditioners, shall be designed to be in compliance with the city noise ordinance.

(b)

Design requirements. The following specific design requirements shall apply to each type of personal wireless service and facility:

(1)

Building mounted antennae.

a.

Building mounted personal wireless services shall not exceed ten feet above the building surface on which they are located. An additional one (1) foot of height may be added for every ten (10) feet the antenna is set back from the building parapet, to a maximum height of fifteen feet above the surface on which it is located.

b.

Building mounted antennas shall be architecturally integrated with the building design in such a manner as to be visually unobstrusive.

c.

Building mounted antennas shall be painted to match the existing building.

d.

Building mounted antenna equipment facilities shall be screened from public view.

(2)

Distributed, repeater, or microcell antenna systems.

a.

Distributed, repeater, or microcell antenna systems mounted on buildings within non-residential zones shall conform to the height limit of the applicable zone.

b.

Distributed, repeater, or microcell antenna systems mounted on utility poles or other utility structures within the public right-of-way in any zone shall be limited in height to the height of that particular structure.

c.

Distributed, repeater, or microcell antenna systems shall be designed to minimize their visibility on utility poles or other structures.

d.

Distributed, repeater, or microcell antenna systems' equipment facilities shall be screened from public view.