1.1

Intent. This district consists primarily of undeveloped lands, where agricultural and related pursuits may occur within the city and where agricultural support centers may serve outlying rural areas beyond the city. Further, the intent of the A-1 district is to hold these lands in agricultural, forestry, outdoor recreational, rural residential, and other limited yet compatible uses until such time as higher density development patterns may be desired and city services can be expanded to accommodate development.

1.2

Uses permitted.

—Farm—The following farm activities shall be permitted:

—Bees and apiary products.

—Christmas trees.

—Dairy animals and dairy products.

—Fisheries, excluding fish and seafood processing.

—Fruits and vegetables of all kinds, including growing and harvesting of such fruits and vegetables, but excluding food processing.

—Forages and sod crops.

—Fur animals, limited to the breeding and raising of such animals.

—Grains and seed crops.

—Kennels.

—Livestock, such as beef cattle, swine, sheep, goats, or any similar livestock, including the breeding and grazing of such animals but excluding meat processing.

—Nursery operations involving the raising of plants, shrubs, and trees for sale and transportation and including greenhouses and incidental sales of items customarily associated with a nursery operation.

—Poultry, including egg production but excluding poultry processing.

—Stables.

—Timber or forestry.

—Hobby farm subject to the provisions of article VIII, section 4.0.

—Single-family residence.

—Manufactured (mobile) home subject to the provisions of article VIII, section 7.0.

—Public utility service.

1.3

Special exception uses. The following uses may also be permitted subject to a special exception permit being granted by the board of zoning adjustment, and further subject to appropriate permits and/or licenses being issued.

—Animal shelter.

—Bed and breakfast/tourist home.

—Boarding house.

—Cemetery.

—Chert removal borrow pit, topsoil and/or other soil classifications, non-commercial operation, upon approval of plan and buffers and, if required, reclamation.

—Country club.

—Day care home, six or fewer persons.

—Farm support business.

—Group home/family care home, subject to article VIII, section 3.0.

—Home occupation, subject to the provisions of article VIII, section 5.0.

—Open air market.

—Outdoor recreational facilities, including golf courses, swimming pools, and tennis courts, etc.

—Park.

—Public buildings.

—Public utility facility.

—Recreational camp, including travel trailer park campground.

—Shelter or facility for abused or neglected adults and/or children.

—Transmission tower, subject to city ordinances.

1.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

Corner lots. Each lot line abutting a street, road, or highway shall be considered a front and shall observe the front setback requirement of the district as a minimum on each side having street, road, or highway frontage.

Undedicated roads. Each lot abutting an undedicated road shall be set back a minimum of 60 feet from centerline.

1.5

Buffer requirements. A minimum 20-foot planted buffer, subject to the provisions of article VII, section, 7.0, shall be maintained along all rear and side property lines abutting previously established residential or commercial development. In other cases involving incompatible land uses, the planning and zoning board may require a buffer or other suitable means of separation.

1.6

Additional requirements.

A.

A minimum lot area of five acres is required in order to have or raise any livestock or animals other than those permitted in residential zones.

B.

The minimum setback of livestock barns and commercial chicken (fowl) houses from adjoining property lines shall be 200 feet. These structures shall be set back from any road or highway a minimum of 300 feet, provided, however, that no livestock barn or commercial chicken houses shall be built closer than 300 feet to the nearest then existing residence other than that of the owner. Swine (hogs) may not be housed, fed and/or watered not nearer than 300 feet from any road or road right-of-way.

C.

Provisions must be made to dispose of manure and other organic wastes in such a manner as to avoid contamination of ground water or any lake or stream.

D.

All equipment used in connection with commercial forestry operations shall be set back at least 200 feet from any lot line.

E.

A booth or stall (farm stand) from which produce and farm products are sold to the general public shall be permitted subject to the following limitations:

—Sales areas shall be set back from all lot lines so as to meet the district yard requirements.

—Sales areas shall not occupy any part of a required off-street parking or loading area.

F.

Incidental structures and activities commonly associated with a farm may include barns, silos, animal pens, loading and unloading platforms or chutes, and other accessory uses, including blacksmith operations.

G.

Except for kennels, as defined by this appendix, the keeping of small domestic animals, small furbearing animals, or bees for personal enjoyment or use shall not be deemed a farm and shall be permitted as an accessory use to a permitted dwelling in any district. Further, the cultivation of a garden or orchard; the raising of plants, vegetables, shrubs, and the like; the keeping of greenhouses; and similar activities for personal enjoyment or use shall not be deemed a farm and shall likewise be permitted as an accessory use to a permitted dwelling in any district.

H.

Administrative and review procedures, article IV.

I.

Definitions, article V, section 3.0.

J.

General regulation, article III.

K.

Off-street parking and loading requirements, article IX.

L.

Sign regulations, article XI.

M.

Special use regulations, article VIII.

N.

Supplemental regulations, article VII.

O.

All agricultural lots shall comply with the city tree ordinance.

(Ord. No. 2023-004-PZ, 4-25-23)

A.

All commercial activity shall be conducted from a permanent building constructed or maintained in accordance with the current building ordinances. No pre-engineered, metal buildings will be allowed in a commercial district, unless the exterior is faced with brick, EFIS, or other acceptable sidings. No exposed metal siding will be allowed.

B.

No commercial operation shall be conducted from any parking lot, yard, vacant lot or storage area, and may not be conducted in any area not zoned commercial.

The following exceptions may be granted:

1.

Temporary construction trailers used during the construction of permanent buildings as approved by engineering and inspections department.

2.

Businesses operating out of temporary, portable or modular facilities, such as an office trailer, while permanent facilities are being constructed or real estate sales office while subdivision development is on-going. Approval to be granted by the board of zoning adjustment not to exceed an initial period of one year, renewable annually not to exceed a maximum of three years.

3.

Mobile food vendors in compliance with Ordinance 2017-026-ADM. (Ord. 2017-038-PZ 09-12-2017)

4.

Festivals which last no more than three days will be allowed to have temporary food stands and business facilities, as may be approved by the city council.

5.

Christmas tree sales lots as approved by the building official. Said lot shall not pose a traffic or public hazard and may not infringe on any minimum required parking area, and approval of the property owner on which said lot is located shall be obtained in writing.

6.

Shopping center outdoor display area, as approved by BZA, provided as follows:

a.

Shopping center outdoor display areas shall be limited to tenants of the shopping center.

b.

Shopping center outdoor display area shall not result in reduction of the total parking spaces available to a level below the required minimum number of parking spaces for the development.

c.

Traffic and pedestrian circulation within the shopping center shall not be impeded by outdoor display area.

d.

ADA pedestrian access to and along sidewalks shall not be impeded.

e.

Outdoor display areas for materials and supplies not for sale shall be stored inside a closed visual barrier screening so they are not visible from neighboring properties and public streets.

f.

Outdoor display areas shall not be placed in front of adjacent properties, including shopping center out parcels.

g.

Outdoor display areas shall not be placed in front of adjacent tenants.

h.

Outdoor display areas shall not be situated within the designated front setback area.

i.

Outdoor display areas shall be limited to no more than one per tenant in a shopping center and no more than two for the entire shopping center.

C.

Site plans, drainage plans, parking plans, fire hydrant location, and landscape plans, including outside lighting, and any required buffers shall be required for each new construction or building addition. When a change of occupancy occurs, a statement certifying that the minimum parking required for the new use is met, shall be submitted.

D.

All driveways shall be paved and all parking areas shall be paved or have an approved all weather surface.

E.

Residential property that has been converted to another zoning classification may continue its residential use so long as uses allowed in the new classification have not been established. Once the uses in the new classification are established, it may not revert to residential.

F.

Fire hydrants shall be installed every 300 feet, or as otherwise directed by the fire chief/fire marshal, and a sufficient water supply to support the use of these hydrants shall be installed.

G.

All commercial lots shall comply with the city tree ordinance.

(Ord. 2017-007-PZ, § 1, 2-14-17; Ord. No. 2017-038-PZ, § 1, 9-12-17; Ord. No. 2020-041-PZ, § 1, 11-24-20; Ord. No. 2023-004-PZ, 4-25-23)

3.1

Intent. To provide areas suitable for office and professional buildings, along with selected institutional and light commercial uses which are compatible with the professional office environment.

3.2

Uses permitted. Offices and professional buildings where the administrative affairs of a business or profession are conducted, including the following:

—Accounting or bookkeeping firm.

—Administrative staff of a business or industry.

—Architect.

—Bank or financial service.

—Dentist.

—Engineer.

—Financial planner.

—Insurance agency.

—Law firm.

—Optometrist, including optical sales.

—Personnel service.

—Physician.

—Secretarial service.

—Real estate agency.

—Travel agency.

—Similar uses to those listed above may also be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

—Public utility service.

NOTE: Office buildings in excess of 5,000 square feet of floor space may use up to ten percent of such space for commercial and service establishments such snack bars, gift or specialty shops, quick copy services, and similar uses.

3.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Day care center.

—Public building.

—Public utility facility.

—Restaurant, standard.

3.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

3.5

Buffer requirements.

A.

When any use permitted or use permitted by special exception in the CP district is situated wholly or partially adjacent to any zone other than another commercial zone, said use shall provide as a minimum, a 12-foot greenbelt along all side and rear property lines abutting such zone or zones.

B.

No outdoor storage shall be allowed.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves, screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

3.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

4.1

Intent. To provide areas for retail and service establishments convenient to and compatible with nearby residential neighborhoods they serve.

4.2

Uses permitted. Those uses listed under "uses permitted" in district CP, plus the following:

—Animal hospital, with enclosed kennels and soundproofing.

—Appliance, electronics repair.

—Art supply and/or frame shop.

—Barber and beauty shop.

—Bicycle shop, including repairs.

—Card, gift shop.

—Clothing shop.

—Cosmetic studio.

—Craft or hobby shop.

—Dance studio.

—Day care center.

—Dry cleaning or laundromat.

—Duplicating or copying service.

—Florist shop.

—Health food store.

—Interior decorating store.

—Medical clinic.

—Optician.

—Pastry shop.

—Pharmacy.

—Photographic studio.

—Plant shop and plant nursery.

—Restaurant, standard.

—Shoe repair shop.

—Specialty shops, with the exception of vape and CBD establishments (now regulated under C-5).

—Tanning salon.

—Public utility service.

—Similar uses may also be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

4.3

Special exception uses. The following uses may be permitted subject to a special exception permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued.

—Fast food restaurants.

—Gasoline service station/convenience store.

—Public building.

—Public utility facility.

—Residential single or multi-family residences if combined with another permitted use.

—Shopping center.

—Shopping center outdoor display area.

4.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

4.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide as a minimum, a 12-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

4.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. 2017-007-PZ, § 1, 2-14-17; Ord. No. 2020-041 PZ, § 1, 11-24-20; Ord. No. 2023-004-PZ, 4-25-23)

5.1

Intent. This district consists of the downtown area and regional shopping areas where a wide range of commercial uses are accommodated.

5.2

Uses permitted. Those listed under "uses permitted" in the CP and C-1 districts, plus the following:

—Audio/video rental.

—Auto, light truck, boat and motorcycle sales.

—Bakery, retail.

—Car wash.

—Clothing store.

—Commercial parking.

—Department store.

—Funeral home.

—Gasoline service station/convenience store.

—Grocery store.

—Hardware store.

—Home improvement center (subject to subsection 5.5(b)).

—Hotel and motel.

—Indoor sports facilities: bowling, health club or spa, racquet club, skating rink, etc.

—Jewelry store.

—Minor vehicle repair.

—Pet store (no outside kennels or housing of pets).

—Print shop, retail.

—Restaurant fast-food.

—Sales showrooms (retail/rental/wholesale) for appliances, furniture, carpet, lighting fixtures, medical and office equipment, etc.

—Shopping center.

—Small engine repair.

—Sporting goods store.

—Theater (indoor only).

—Public utility service.

—Similar uses may also be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

5.3

Special exception uses. The following uses may be permitted subject to a special exception permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued.

—Cemetery.

—Domiciliary care facility.

—Major vehicle repair (enclosed), excluding body work.

—Mini-warehouse.

—Nursing home.

—Outdoor recreation facilities.

—Public building.

—Public utility facility.

—Residential - single or multi-family residences if combined with another permitted use.

—Shopping center outdoor display area.

5.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow firefighting access to the structures.

5.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide, as a minimum, a 12-foot buffer strip along those side and rear lot lines abutting such zone or zones, subject to the provisions of article VII, section 7.0.

(Ord. No. 2006-047-PZ, § 1, 10-24-06)

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service area shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

5.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2006-047-PZ, § 1, 10-24-06; Ord. No. 2016-004-PZ, § 2, 2-9-16; Ord. 2017-007-PZ, § 1, 2-14-17; Ord. No. 2020-041-PZ, § 1, 11-24-20; Ord. No. 2023-004-PZ, 4-25-23)

6.1

Intent. To provide suitable areas for a wide range of commercial establishments, along with lodging facilities, amusement, recreation, and selected office uses which are particularly useful to the traveling public.

6.2

Uses permitted. Those uses listed under "uses permitted" in the CP, C-1, and C-2 districts, plus:

—Factory outlet stores.

—Golf course.

—Indoor or outdoor, amusements and recreation facilities, such as: athletic fields, carpet golf, driving ranges, par-3, batting cages, water slides, skating rink, health clubs, etc., that have low noise impacts.

—Lounge/bar.

—Minor and major vehicle repair (enclosed), excluding body work.

—Theater, indoor or outdoor.

—Truck stop.

—Public utility service.

—Other similar uses may be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

6.3

Special exception uses. The following uses may be permitted subject to a special exception permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued.

—Public buildings.

—Public utility facility.

—Travel trailer/RV campground.

—Warehouses-including mini-warehouse.

6.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten feet separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

6.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide as a minimum, a 12-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

6.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2018-037-P&Z, § 2, 12-11-18; Ord. No. 2023-004-PZ, 4-25-23)

7.1

Intent. To provide suitable areas for a wide range of commercial establishments, along with selected light manufacturing and assembly uses not incompatible with a commercial setting and in conjunction with a retail operation.

7.2

Uses permitted. Those uses listed under "uses permitted" in the CP, C-1, C-2 and C-3 districts, plus:

—Building trades such as general contractors, painting contractors, plumbing, heating and air, and electrical shops; provided that all work on the premises is done within a building, and all materials are stored in a building. This shall not include activities that create noise, dust, vibration, or fumes.

—Equipment rental.

—Farm implement or trailer display, repair or sale.

—Light manufacturing, processing, fabricating or assembling operations which do not create any objectionable noise, vibrations, smoke, dust, odor, heat or glare, but only when the manufacturing, processing, fabricating, or assembling is incidental to a retail business conducted on the premises.

—Mobile home display or sales.

—Public utility service.

—Research or testing laboratory.

—Sales/warehouse establishments.

—Mini-warehouse.

—Thrift store.

—Other similar uses may be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

7.3

Special exception uses. The following uses may be permitted subject to a special exception permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued.

—Public buildings

—Public utility facility

7.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07; Ord. No. 2011-022-PZ, § 1, 11-8-11)

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

7.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide as a minimum, a 20-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

7.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

7.5-1.

Definition. A "massage therapy establishment" is hereby defined to mean any building, room, place, or establishment, other than a regularly licensed hospital, clinic, or dispensary where nonmedical, nonsurgical, nonosteopathic, or nonchiropractic manipulative exercises, massages, or procedures are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying purposes, with or without the use of mechanical or other devices, by anyone not a duly licensed medical doctor, chiropractor, doctor of osteopathic medicine, physical therapist, or a nurse, or other person of a similarly registered status. This shall apply regardless if massage therapy is the primary function of the establishment. A "massage therapy establishment" is one and the same as a massage parlor.

7.5-2.

Location. No massage therapy establishment, building, structure, or part thereof which is integral to a massage therapy establishment shall be erected, maintained, or located in any zone other than Preferred Commercial (CP), Local Shopping district (C-1), General Business district (C-2), or Planned Unit Development—Planned Commercial (PUD-PC).

7.5-3.

Requirements.

A.

Every massage therapy establishment shall conform with all rules and regulations for licensure and operation as required by the state and the Alabama Board of Massage Therapy and any applicable ordinance of the city. Each massage therapy establishment must display a current, valid license obtained from the Alabama Board of Massage Therapy as well as a current business license issued by the city in plain view.

B.

A massage therapy establishment shall at all times comply with all health regulations, rules and requirements as have been or hereafter will be promulgated by the Jefferson or St. Clair County Departments of Health, depending on the county in which said establishment is located. Any premises used for the purposes of massage therapy shall, during all hours of operation, be made open and available to inspection by said county department of health for all purposes of assessing compliance with such health rules, regulations and requirements.

C.

A massage therapy establishment as defined herein shall have a dedicated space where massage therapy is to be performed with individual private rooms for each client or customer to receive massage therapy services. Said space shall clearly reflect that it is the place where massage therapy is practiced. Each room shall be utilized solely for the provision of massage therapy services, shall meet a minimum size requirement of 100 square feet with no wall less than eight feet in length, shall be surrounded by four permanent walls which extend from floor to ceiling, and shall be constructed and maintained so as to ensure privacy for clients utilizing the services of a licensed massage therapist; provided, however, that, under no circumstances shall said area be inaccessible to city officials during hours when massage therapy is being practiced.

D.

If a massage therapy establishment intends to provide tanning services, said establishment shall maintain no more than two tanning beds or other devices designed for "tanning" (including artificial sprays, coatings, or products designed to simulate sun exposure) on the premises.

E.

Massage therapy establishments shall enact procedures and provide proof thereof to the city to ensure that no part of any clients' breasts, buttocks, or genital area is exposed or otherwise made subject to bodily contact by any therapist. Said procedures must be reviewed by the establishment annually, and must be updated to reflect changes in procedure or changes in rules, regulations or requirements promulgated by the state, county or other regulatory agency, if any such changes have been made. A record of said annual review and a certification that said procedures are adequate to provide the protections included herein must be maintained at the establishment and made available for inspection by state, county or city officials at any time.

F.

Each massage therapy establishment shall provide a sanitary, private area for each client to dress, to bathe or shower, or to cleanse before and after any service to be provided. Said area must be secure, and must include measures to ensure the privacy of the client while dressing, bathing, showering or cleansing before and/or after any service provided by a licensed massage therapist. The requirements of this subsection may be met by making said area directly accessible from the room in which massage therapy is performed, or locating said area in a designated locker room/shower area separate from public restroom facilities. Community bathing or dressing areas shall not be allowed, and no establishment may utilize a public or employee restroom to meet this requirement. In addition, each such establishment shall be required to provide a secure locked area for each client to place his or her belongings while receiving said services. This requirement may be met by use of an individual locked closet, locker, or cabinet.

G.

Massage therapy establishments may operate between the hours of 7:00 a.m. and 7:00 p.m. The city shall have the right to inspect the premises of the massage therapy establishment at any time to ensure the establishment is in compliance with all state and local rules and regulations.

H.

No massage therapy establishment shall be used as and for a dormitory or place of sleep nor shall any licensee under this chapter permit any massage therapy establishment to be so used.

(Ord. No. 2019-035-P&Z, 8-13-19; Ord. No. 2023-004-PZ, 4-25-23)

8.1

Intent. To provide areas suitable for adult entertainment and similar uses.

8.2

Uses permitted. Within the C-5 Commercial Adult Entertainment district, a building or land shall be used only for the following purposes:

—Adult amusement, entertainment or recreational facilities.

—Adult retail establishments.

—Adult theater.

—Body piercing, excluding ear piercing only.

—Fortune teller, palm reader, psychic advisor.

—Pawn brokers or pawn shop.

—Tattoo parlors.

—Title pawn.

—Vape and CBD establishments.

(Ord. No. 2007-037-PZ, § 1, 12-11-07; Ord. No. 2019-035-P&Z, 8-13-19)

8.3

Supplemental requirements.

A.

No adult entertainment establishment operating within this zoning district shall be permitted within 1,500 feet of any religious institution, school, library, and/or residential district, kindergarten or child care facility, public or private park or playground or historical district or historical designation. The distance provided herein shall be measured from zoning district/line of the facility authorized to the nearest zoning district/line of the above listed use.

B.

All establishments shall be limited to one sign only, not to exceed 15 square feet and must be placed on the front of the establishment. Signs shall not have flashing lights or graphic displays.

C.

No visible exposure to the general public of activities within the establishment (all windows and doors to be covered or blacked out).

D.

Hours of operation shall be limited to 8:00 a.m. through 12:00 a.m. (midnight).

8.4

Area and dimensional requirements.

Building height. One- or two-story buildings only shall be allowed.

Building separation. More than one commercial building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

8.5

Buffer requirements.

A.

A 50-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

8.6

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

8A.1.

Intent. To provide suitable areas of commercial development for the establishment and operation of facilities with potential significant noise impacts and safety concerns that affects both adjoining and nearby properties.

8A.2.

Permitted uses.

—Amusement parks.

—"Go cart" track or facility.

—Gun firing range (indoor or underground).

—Competitive race facilities.

—Any establishment, facility, or operation, not presently zoned, in which loud or objectionable noise shall be a primary byproduct of the business.

8A.3.

Performance standards. The following performance standards shall apply to all uses to the extent applicable:

A.

Any "Use Permitted" facility under this article shall not be located within 500 feet of a residentially zoned boundary. The 500-foot setback from residentially zoned property shall include a 100-foot planted buffer measured from the adjoining property line toward the facility that is maintained in a state consistent with section 7.0 through section 7.4 of article VII of appendix A of the Trussville Code of Ordinances.

B.

No facility shall be located less than 1,000 feet of a school, church, or child care facility and shall comply with all setback and buffer requirements of this article.

C.

Noise mitigation. Facilities shall not consistently emit sounds greater than permitted under article II of chapter 38 the Trussville Code of Ordinances.

D.

It is further recommended that all facilities built and/or operated upon property zoned under this classification shall comply with any and all best practices and procedures for limiting sound emissions, which may include but is not limited to, best practices for construction, renovation, and/or remodeling the structure; venting or other HVAC system installation and control; and lead containment systems, or appropriate sound buffering methods for outdoor permitted uses.

8A.4.

Special regulations for indoor shooting ranges.

A.

Shooting range facilities shall be designed to contain all of the bullets, shot, or any other debris on the range facility based upon engineer design criteria and limitations. See appendix h.

B.

All indoor ranges shall comply with all current federal, state, and local laws, regulations, rules, and requirements.

C.

Fully automatic firearms are prohibited. Firearm caliber use shall be limited to the provided facility design engineered criteria.

D.

Noise levels measured at the property line where the facility is maintained shall not be audible, i.e., the sound of a firearm discharge or the sound of bullet impact shall not be audible.

E.

Indoor shooting range facilities shall be designed to address any lead discharges, and such emissions shall be channeled into an appropriate HVAC system designed to eliminate lead particles from release into the atmosphere outside the property.

F.

Hours of operation. Shooting ranges shall be permitted to conduct live indoor target shooting between the hours of 9:00 a.m. until 9:00 p.m.

8A.5.

Development requirements.

8A.5.1

Setbacks.

8A.5.2

Expansion or any modification requiring the issuance of a building permit of an existing building or use must meet all standards of this article, including required setbacks as stated herein, and have final approval of the building inspection official and fire inspector.

8A.6.

Operational requirements.

A.

All uses shall comply with sounds emissions from the property as provided in article II of chapter 38 of the Trussville Code of Ordinances, or if governed by federal or state law.

B.

Permitting, registration, and compliance. These zoning requirements shall not be deemed all inclusive. In addition to these requirements, a person or entity seeking to operate a business on the property zoned under this classification shall comply with all building code and business license requirements as provided in the Trussville Code of Ordinances in addition to the noise nuisance requirements under article II of chapter 38, except where prohibited by federal or state law.

C.

Certification of applicant. At the time of application, the applicant seeking approval under this classification shall certify compliance with the zoning requirements contained herein as well as certifying the applicant will take all necessary action that is practical to minimize sound emissions from the property.

(Ord. No. 2018-037-P&Z, § 3, 12-11-18; Ord. No. 2023-004-PZ, 4-25-23)

8B.1.

Title. This article shall be known as the Trussville Entertainment District Ordinance.

8B.2.

General.

A.

The preamble as stated above is hereby adopted, ratified, and incorporated as if fully set out herein.

B.

Under the authority granted in Code of Ala. 1975, Tit. 28, Ch. 3A, § 17.1, as amended, any municipality with an incorporated downtown development entity may establish no more than two entertainment districts within the corporate limits, each of which must have not fewer than four licensees holding a restaurant liquor license, an on-premises alcoholic beverage license, or other retail liquor license within a defined geographic area and each district may not exceed one-half mile by one-half mile in area but may be irregularly shaped.

C.

Based on the authority stated above, the city hereby creates one entertainment district the boundaries of which are equal to or less than one-half mile by one-half mile and are displayed in Exhibit A to the ordinance from which this section is derived. This exhibit is adopted and incorporated herein as if fully set out.

D.

For the purposes of this section, the term "on-premises" within the entertainment district shall include anywhere within the district established in paragraph (c) above and depicted on Exhibit A, regardless of licensure.

E.

The council finds that the proposed district meets the minimum qualifications of Code of Ala. 1975, § 28-3A-17.1(d), as amended, and that the creation of a district is in the best interest of the public and the specific geographic area to be served.

F.

The council is establishing only one district at this time.

G.

District boundaries conform to the requirements of state law in that the area is no larger than one-half mile by one-half mile in area but is irregularly shaped as shown on Exhibit A.

8B.3.

Alcoholic beverages and licensees.

A.

Any licensee who receives an entertainment district designation from the ABC shall comply with all laws, rules, and regulations which govern its license type, including the provisions of this section and the City's Code of Ordinances.

B.

Patrons, guests, licensees, or members of the licensee may exit the licensed premises with open containers of alcoholic beverages and consume alcoholic beverages anywhere within the confines of the district subject to the rules and regulations established in this article along with any other federal or state law. Patrons, guests, licensees or members may not, however, enter another licensed premises with open containers or closed containers of alcoholic beverages.

C.

A licensee who receives an entertainment district designation by the ABC shall not allow alcoholic beverages to be removed from the licensed premises in any glass bottles, glassware, or any other type of glass containers.

D.

The city will clearly mark the boundaries of the entertainment district by painting verbiage and/or placing signage on sidewalk comers to indicate where the district starts/ends.

E.

Any and all alcoholic beverages served by restaurants and bars in the entertainment district that will then be carried outside those restaurants and bars into the district shall be in a clear plastic cup of any size with the establishment's name or logo on the cup. Restaurants and bars are solely responsible for purchasing and providing these materials in order to comply with this article.

F.

Restaurants and bars must also provide customers with a receipt with the date and time of purchase on the receipt as proof of purchase of the beverage. The receipt may be digital or paper. Customers are required to keep this receipt on their person or readily accessible while carrying an alcoholic beverage within the district.

8B.4.

City openings and closures of entertainment districts.

A.

Subject to subsections 4(b) and 4(c) below, the regular hours of the entertainment district shall be Sunday through Saturday from 10:00 a.m. until 11:00 p.m. During these regular hours, a person may be within the boundaries of the entertainment district with an open container provided the requirements in section 3 are followed. The entertainment district shall close from 11:00 p.m. until 10:00 a.m. Sunday through Saturday. During these hours, no person shall be within the entertainment district with an open container.

B.

At any time, the mayor shall have the absolute and sole authority to extend the hours of the entertainment district or extend the hours for portions of an entertainment district. To the extent practical, the mayor shall provide, in writing, the extension of the hours of the entertainment district along with times of day for the extension in advance of the extended hours.

C.

At any time, the mayor or chief of police shall have the authority to close an entertainment district, or portions of the district, and require persons to disperse from the area should he or she, in his or her absolute and sole discretion, determine it is appropriate to do so in order to protect the public health, safety, or general welfare. The entertainment district shall remain closed until the mayor or chief of police, in their respective absolute and sole discretions, allows the district to be re-opened. The city shall not be responsible for any costs or loss of revenue incurred by any business, entity, or person as a result of the closing.

D.

The hours of operation of licensed establishments located within the entertainment district shall not be affected by this section. The intent of this section is to restrict the hours in which open containers may be possessed and consumed within the boundaries of the entertainment district.

8B.5.

Name and operational rules for the Trussville Entertainment District.

A.

Name of the entertainment district. The entertainment district, with boundaries as set forth in Exhibit A, shall be known as the Trussville Entertainment District.

B.

For special events approved pursuant to an event permit application process, the permit shall set forth the hours that this article shall apply.

C.

Except as otherwise provided in subsection (b) above, nothing in this section is intended to authorize any person to violate the provisions of Chapter 6 of the Code of Ordinances or state law.

(Ord. No. 2023-006-ADM, §§ 1—6, 5-9-23)

A.

All industrial activity shall be conducted from a permanent building constructed or maintained in accordance with the current building ordinances. Pre-engineered, metal buildings may be allowed in an industrial district, subject to article VIII, section 12.0.

B.

Site plans, drainage plans, parking plans, fire hydrant location, and landscape plans, including outside lighting, and any required buffers shall be required for each new construction or building addition. When a change of occupancy occurs, a statement certifying that the minimum parking required for the new use is met, shall be submitted.

C.

All driveways shall be paved and all parking areas shall be paved or have an approved all weather surface.

D.

Fire hydrants shall be installed every 300 feet, or as otherwise directed by the fire chief/fire marshal, and a sufficient water supply to support the use of these hydrants shall be installed.

E.

All industrial lots shall comply with the city tree ordinance.

(Ord. No. 2023-004-PZ, 4-25-23)

10.1

Intent. This district consists of areas where limited industrial uses are permitted. The district encourages employment centers with a low degree of environmental impact. Principal industrial activities include light manufacturing, industrial services, warehousing, wholesaling, and distribution services, and other limited impact activities. The I-1 district also allows for selected commercial and institutional uses which are supportive of industrial employment centers.

10.2

Uses permitted.

—Bakery, major.

—Bottling or distribution plant.

—Clothing, textile or dying plant.

—Cold storage plant.

—Construction service.

—Distribution service.

—Equipment rental.

—Farm support business.

—Heavy equipment sales and service.

—Janitorial and maintenance service.

—Laundry and dry cleaning plant such as a uniform rental service.

—Light industrial, fabricating, processing, assembling and manufacturing uses, but expressly prohibiting uses which are in I-2 or I-3 districts, and those uses which are especially detrimental to property or to the health and safety beyond the district by reason of emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material.

—Office/warehouse facility.

—Pet crematorium, subject to the absence of smoke and odor.

(Ord. No. 2005-016-PZ, 4-12-05)

—Printing plant, major.

—Public utility service.

—Radio or television transmission towers.

—Research laboratory.

—Showroom/warehouse facility.

—Truck or bus terminals.

—Vehicle repair—Major and minor.

—Warehouses, including mini-warehouses.

—Woodworking shop, cabinet shop, etc.

—Similar uses may be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

10.3

Special exception uses. The following uses may be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued.

—Airport, including heliport.

—Commercial uses that are not incompatible with industrial uses.

—Industrial parks.

—Institutional uses which are supportive of industrial employment centers.

—Parks.

—Public buildings.

—Public utility facility.

10.4

Area and dimensional regulations.

Minimum lot size and width. None specified, although it is the intent of the ordinance that lots be of sufficient size to accommodate the proposed use, along with adequate space for required parking, loading and unloading, buffers, storage and servicing of the building(s), including the prescribed minimum setbacks.

Minimum yard size.

Maximum height. 45 feet or as approved by planning and zoning board.

10.5

Buffer requirements.

A.

All structures and facilities developed within the I-1 Light Industrial district shall provide a 20-foot buffer strip on all rear and side property lines abutting any commercial zone district and a 50-foot buffer strip along all property lines abutting any residential district. See article VII, section 7.0.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet or to a height which is adequate to conceal such storage area from public view.

C.

Any garbage/refuse service areas shall be limited to the rear or side of the principal building or complex it serves, screened to a height which is adequate to conceal such facilities from public view. Any garbage/refuse receptacle must be roofed if used for putrescible waste.

10.6

Additional regulations.

A.

Administration and review procedures, article IV.

B.

Definitions, article V.

C.

General regulations, article III.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article IX.

F.

Special use regulations, article VIII.

G.

Supplementary regulations, article VII.

(Ord. No. 2023-004-PZ, 4-25-23)

11.1

Intent. To provide suitable areas where general industrial uses are permitted. This district encourages employment centers where a potentially high degree of environmental impact uses can be located, including general and heavy manufacturing and industry.

11.2

Uses permitted.

—Any use listed under "uses permitted" in the I-1 Light Industrial district.

—Coal distribution facilities.

—Concrete mixing plant.

—Distribution yards for gasoline and fuel oil tank trucks, and other vehicles, provided that all bulk storage tanks are set back from adjoining property lines a minimum distance of 150 feet.

—Feed plant.

—Heavy industrial, fabricating, processing, assembling and manufacturing uses.

—Highway maintenance yard or buildings.

—Iron and steel mills.

—Liquefied natural gas (LNG) facility and associated support operations, including distribution and transportation facilities and systems.

—Meat and poultry processing.

—Plants for processing stone, chert, gravel, clay, slag or coal.

—Public utility service.

—Railroad terminal shops and yards.

—Sawmill for the purpose of cutting, sawing milling, drying, and processing timber (logs) into lumber for building or construction purposes.

—Wrecker service yard.

—Similar uses may be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

11.3

Special exception uses. The following uses may be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits being issued:

—Acid manufacture.

—Airport, including heliport.

—Commercial uses that are not incompatible with industrial uses.

—Explosive material manufacture and storage.

—Fat, grease, lard or tallow rendering plant.

—Fertilizer plants.

—Glue manufacture.

—Incinerators.

—Industrial parks.

—Paper and pulp manufacture or processing plant.

—Power plant or reactor.

—Public utility facility.

—Recycling plant or recycling collection facility.

—Salvage yards or junk yards.

11.4

Area and dimensional regulations.

Minimum lot size and width. None specified, although it is the intent of the ordinance that lots be of sufficient size to accommodate the proposed use, along with adequate space for required parking, loading and unloading, buffers, storage and servicing of the building(s), including the prescribed minimum setbacks.

Minimum yard size.

Maximum height. 60 feet or as approved by planning and zoning board.

11.5

Buffer requirements.

A.

All structures and facilities developed within the I-2 General Industrial district shall provide a 20-foot buffer strip on all rear and side property lines abutting any commercial zone district and a 50-foot buffer strip along all property lines abutting any residential district. See article VII, section 7.0.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet or to a height which is adequate to conceal such storage area from public view.

C.

Any garbage/refuse service areas shall be limited to the rear or side of the principal building or complex it serves, screened to a height which is adequate to conceal such facilities from public view. Any garbage/refuse receptacle must be roofed if used for putrescible waste.

11.6

Additional regulations.

A.

Administration and review procedures, article IV.

B.

Definitions, article V.

C.

General regulations, article III.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article IX.

F.

Special use regulations, article VIII.

G.

Supplementary regulations, article VII.

(Ord. No. 2011-004-PZ, § 1, 3-22-11; Ord. No. 2023-004-PZ, 4-25-23)

12.1

Intent. To regulate resource extraction, mining operations, and other operations having extraordinary environmental impact in selected areas and to provide safeguards for both the adjacent properties and the environment. This is the only district in which these operations shall be permitted, with the exception of those operations licensed by the state and/or the city actively engaged in such operations at the time of the adoption of this appendix. All uses under this section require submittal and approval of a development and/or reclamation plan.

12.2

Uses permitted.

—Any use permitted in an I-2 General Industrial district.

—Methane gas wells.

—Resource extraction.

—Sanitary landfill.

—Timber or lumber operations, sawmilling involving processing, distilling, manufacturing and treating of all such products.

—The right to erect, maintain, alter, enlarge, use and operate structures, buildings, machinery, housing, roads, railroads, transmission lines, rights-of-way, and all other facilities of every kind accessory or appropriate to the conduct of permitted uses.

—The right to dump spoil, tailings, and other waste and to use so much of said district as may be required for such purposes, and such other rights as may be incidental or accessory to such permitted uses.

—Toxic material manufacture and storage.

—Public utility service.

—Public utility facility.

12.3

Area and dimensional regulations. In the above permitted uses, the area and dimensional regulations set forth in the following shall be observed.

A.

No use permitted above shall be conducted within 200 feet of any property line or public road right-of-way. This 200-foot property line setback shall be maintained as a densely planted buffer or earth berm covered with vegetation, other than the means of egress and ingress which shall be gated.

B.

The right to erect, maintain, alter, use and operate a structure, building, machinery, housing, road, railroad, transmission lines, right-of-way and other facilities accessory to these uses will not be permitted within 200 feet of any adjoining property line or public right-of-way, except where access roads or haulage roads join such right-of-way line and except that the city or governmental unit having jurisdiction over such roads may permit such roads to be located.

C.

Exception to the setback requirement for the adjoining property line as stated above will be made where the adjoining property is also zoned I-3, in which case no setback from the adjoining property line will be necessary where the similarly zoned property abuts.

12.4

Additional requirements. Prior to the use of the land for any use specified herein, the applicant shall submit a plan showing the location(s) of the mineral seam(s), estimated number of tons to be extracted; the location(s) of landfill cells; location of wells or of the manufacture and storage facility, approximate time required to conduct the operation and reclaim the land, a general expression of subsequent use of the property, and any other information requested by the building official. In addition, all such firms, persons, corporations and other entities shall be subject to any and all state and federal laws pertaining to regulation of such operations. A reclamation bond shall be required in the form of an insurance bond or cash deposit in an amount sufficient to reclaim the land to the state delineated in general expression of subsequent use provided prior to commencement of the operation.

(Ord. No. 2023-004-PZ, 4-25-23)

A.

All institutional activity shall be conducted from a permanent building constructed or maintained in accordance with the current building ordinances. No pre-engineered, metal buildings will be allowed in an institutional district, unless the exterior is faced with brick, EFIS, or other acceptable sidings. No exposed metal siding will be allowed. The foregoing is subject to the following exceptions:

1.

Temporary construction. Temporary construction trailers may be used during the construction of permanent buildings, as approved by the engineering and inspections department.

2.

Business. A business may be operated out of temporary portable or modular facilities while permanent facilities are being constructed. Approval for said facilities is to be granted by the board of zoning adjustment, and is not to exceed an initial period of one year, renewable annually, not to exceed a maximum period of three years.

3.

Portable classroom facilities. Portable classroom facilities may be used when necessary to meet funding requirements, state regulations, or when otherwise necessary to meet local educational needs. Local educational use of portable classrooms may be granted by the board of zoning adjustment as a special exception use for a maximum initial period of three years renewable as becomes necessary until appropriate funding or regulation permits compliance with this appendix. Application for a portable classroom use must be accompanied by the following:

a.

Proof of financial hardship.

b.

A plan and a time frame for the removal and replacement of the temporary facility.

c.

A plot plan showing the location of all existing permanent and portable structures, all easements, ingress and egress, and the proposed location of the new portable facility.

d.

A plan and certification indicating the number of required parking spaces for the entire facility and statement of compliance. The placement of portable classroom facilities may not infringe upon any required parking spaces.

B.

Site plans, drainage plans, parking plans, fire hydrant location, and landscape plans, including outside lighting, and any required buffers shall be required for each new construction or building addition. When a change of occupancy occurs, a statement certifying that the minimum parking required for the new use is met, shall be submitted.

C.

All driveways shall be paved and all parking areas shall be paved or have an approved all weather surface.

D.

Fire hydrants shall be installed every 300 feet, or as otherwise directed by the fire chief/fire marshal, and a sufficient water supply to support the use of these hydrants shall be installed.

E.

All institutional lots shall comply with the city tree ordinance.

(Ord. No. 2023-004-PZ, 4-25-23)

14.1

Intent. To provide areas suitable for a select group of institutional uses and to prevent encroachment from incompatible uses.

14.2

Uses permitted.

—Places of worship.

—School (public, private, or parochial elementary or high school).

—Utility service.

14.3

Special exception uses. The following uses may also be permitted subject to a special exception permit being granted by the board of zoning adjustment, and further subject to appropriate permits and/or licenses being issued.

—Playground or park.

—Public utility facility.

14.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten (feet separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

14.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide, as a minimum, a 20-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet or to a height which is adequate to conceal such storage area from public view.

C.

Any garbage/refuse service areas shall be limited to the rear or side of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

14.6

Change in use. When land in an Institutional district is sold or leased for a use other than a permitted use under this section, no construction, alteration or change of occupancy or use shall be permitted on said land until it shall have been reclassified in another zoning district.

14.7

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

15.1

Intent. To provide areas suitable for a certain group of institutional uses and to prevent encroachment from incompatible uses.

15.2

Uses permitted.

—Assembly halls (not a municipal building).

—Assisted living facility.

—Business college.

—Cemetery.

—Charitable and philanthropic organization.

—Colleges and universities.

—Community center/civic center (not a municipal building).

—Convalescent home.

—Country club.

—Day care.

—Domiciliary care facility.

—Elder care.

—Group homes.

—Hospitals.

—Kindergarten.

—Lodges, fraternal and social organizations, headquarters for scout and other youth organizations, YMCA and YWCA facilities.

—Mental health care and outpatient treatment facilities.

—Museums (not a municipal building).

—Nursing care facility.

—Park (not a municipal park).

—Pet cemetery.

—Public buildings.

—Public utility service.

—Stadium/coliseums.

15.3

Special exception uses. The following uses may also be permitted subject to a special exception permit being granted by the board of zoning adjustment, and further subject to appropriate permits and/or licenses being issued.

—Helistop.

—Mental health facility—Inpatient.

—Public utility facility.

—Transitional homes.

15.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

15.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide as a minimum, a 20-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

15.6

Change in use. When land in an Institutional district is sold or leased to a party other than a public institution, no construction, alteration or change of use shall be permitted on said land until it shall have been reclassified in another zoning district.

15.7

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

16.1

Intent. To provide areas suitable for a selected class of institutional uses.

16.2

Permitted uses.

—Military installation.

—Penal institution.

—Utility service.

16.3

Special exception uses. The following uses may also be permitted subject to a special exception permit being granted by the board of zoning adjustment, and further subject to appropriate permits and/or licenses being issued.

—Helistop.

—Public utility facility.

16.4

Area and dimensional regulations.

Building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet but less than 500 feet from a single-family residential district boundary, said building shall not exceed four stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

(Ord. No. 2007-004-PZ, § 1, 2-12-07)

Building separation. More than one building under a single ownership may be located upon a lot or tract, but such building shall not encroach upon the front, side, or rear yards required herein for the district, and the open space between protruding portions of buildings measured at the closest point shall be not less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and an additional ten-foot separation for each additional story when one or both buildings exceed two stories, unless otherwise approved by the fire marshal. An area shall be designated as a fire lane at the building separation to allow fire fighting access to the structures.

16.5

Buffer requirements.

A.

When any permitted use or use permitted by special exception is wholly or partially adjacent to any residential zone district, said use shall provide as a minimum, a 20-foot buffer strip along those side and rear lot lines abutting such zone or zones.

B.

Any outdoor storage areas shall be screened to a minimum height of six feet.

C.

Any garbage/refuse service areas shall be limited to the rear of the principal building or complex it serves and screened to a height which is adequate to conceal such facilities from public view, and covered if a sewer drain is required in the dumpster facility.

16.6

Change in use. When land in an Institutional district is sold or leased to a party other than a public institution, no construction, alteration or change of use shall be permitted on said land until it shall have been reclassified in another zoning district.

16.7

Additional regulations (when applicable).

A.

General regulations, article III.

B.

Supplementary regulations, article VII.

C.

Special use regulations, article VIII.

D.

Off-street parking and loading requirements, article IX.

E.

Sign regulations, article XI.

(Ord. No. 2023-004-PZ, 4-25-23)

An overlay district may be established to give specific protection to certain areas within the city having historical, environmental, development or other significance, or to impose additional requirements in certain geographic areas of the city, that are not applicable to all areas, for resource protection or for the protection of lives and property. An overlay district may be permanently established by this appendix or an amendment thereto, or may be of a temporary nature pending completion of a public works project or other temporary situation. An overlay district does not negate the requirements of the underlying district, but may create additional requirements, regulations, or documentation.

Overlay district regulations may be applied in any zoning district in applicable areas of the city except for the planned unit development (PUD) district. However, the city council may consider overlay regulations in its review of PUD projects and may determine whether and to the extent those regulations should be reflected in a PUD plan. In such case, overlay district overlay regulations will only apply to the extent specifically incorporated into the PUD plan, as approved by the city council.

(Ord. No. 2016-004-PZ, § 5, 2-9-16; Ord. No. 2023-004-PZ, 4-25-23)

18.1

Intent. The purpose of the Cahaba River Conservation Overlay district is to protect the water quality and environmental integrity of the Cahaba River.

18.2

Applicability. The provisions of the river conservation overlay district shall apply to any land located within the floodway of the Cahaba River or the stream setback/buffer, whichever is greater. These standards shall be in addition to the standards of the underlying zoning district in which the property is located.

18.3

Permitted uses. Any use permitted by right in the underlying zoning district shall be permitted in the Cahaba River Conservation Overlay district.

18.4

Special exception uses. Any special exception use in the underlying zoning district shall be permitted as a special exception use in the Cahaba River Conservation Overlay district.

18.5

Additional standards. The following regulations shall apply to any land use within the district:

A.

Minimum lot width for lots abutting the river. 100 feet.

B.

Maximum impervious surface. 50 percent of lot area.

C.

Stream setback/buffer requirements. The stream setback/buffer shall consist of a strip of land extending along both sides of the Cahaba River, and shall include all land within 125 feet of the river (measured horizontally from the center of the river) or the edge of the floodway whichever is greater. The stream setback/buffer shall include three distinct zones with each zone having its own set of allowable uses and vegetative targets as specified below. (See illustration appendix.)

1.

Zone 1—Streamside zone.

a.

The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.

b.

The streamside zone will begin at the edge of the stream bank of the active channel and extend a minimum of 25 feet from the top of the bank.

c.

Allowable uses with this zone are highly restricted to:

i.

Flood control structures.

ii.

Utility right-of-way.

iii.

Footpaths to approach the river without constructed improvements.

iv.

Road crossings, where permitted.

d.

The streamside zone must be retained in its undisturbed natural vegetative state.

2.

Zone 2—Middle zone.

a.

The function of the middle zone is to protect key components of the stream and to provide distance between upland development and the streamside zone.

b.

The middle zone will begin at the outer edge of the streamside zone and extend a minimum of 50 feet.

c.

Allowable uses within the middle zone are restricted to:

i.

Those uses allowed in zone 1—Streamside zone.

ii.

Biking or hiking paths.

iii.

Stormwater management facilities, with the approval of the Jefferson County Stormwater Management Authority or the Alabama Department of Environmental Management, except that retention/detention facilities shall not be located within the 100-year floodplain, and that there shall be no modification to natural drainage ways except as granted by waiver.

iv.

Passive recreational uses as approved by the city planning and zoning board.

v.

Tree clearing and undergrowth removal shall be limited to the minimum required for the above uses.

d.

The vegetative target for the middle zone is native vegetation to the region.

3.

Zone 3—Outer zone.

a.

The function of outer zone is to prevent encroachment into the stream buffer and to filter runoff from residential and commercial development.

b.

The outer zone will begin at the outward edge of the middle zone and provide a minimum width of 25 feet between zone 2 and the nearest permanent structure.

c.

Those uses allowed in zone 1 streamside zone and in zone 2 middle zone shall also be allowed in zone 3. There shall be no other permanent structures or impervious cover, with the exception of paths, within the outer zone.

d.

The vegetative target for the outer zone may vary, although the planting of native vegetation, which may include lawn materials, should be encouraged to increase the total width of the buffer.

D.

Stream setback/buffer maintenance and management.

1.

The stream setback/buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of the resources within zones 1 and 2 to include the following:

a.

Clearing of existing vegetation.

b.

Soil disturbance by grading, stripping, or other practices.

c.

Filling or dumping.

d.

Drainage by ditching, underdrains, or other systems.

e.

Use, storage, or application of pesticides, herbicides and fertilizers.

f.

Housing, grazing, or other maintenance of livestock.

g.

Storage of motorized vehicles or operation of same, except for maintenance and emergency use.

2.

The following structures, practices, and activities are permitted within the stream setback/buffer subject to specific design or maintenance features:

a.

Roads, bridges, and utilities are permitted within the stream setback/buffer subject to the following:

i.

An analysis should be conducted to ensure that no economically feasible alternative is available.

ii.

The right-of-way should be the minimum width needed to allow for maintenance access and installation.

iii.

The angle of the crossing shall be perpendicular to the stream or buffer to minimize clearing requirements.

iv.

The minimum number of road crossings shall be used within subdivisions, and no more that one fairway crossing is allowed for every 1,000 feet of buffer.

3.

In new developments, on-site and nonstructural stormwater management alternatives will be preferred over larger facilities within the stream setback/buffer, and the cleared area will be limited to the area required for construction and adequate maintenance access in constructing stormwater management facilities, with material dredged or otherwise removed to be stored outside the buffer.

4.

Upon submittal of a development plan or plat, waivers may be granted by the planning and zoning board for the following:

a.

Those projects or activities serving a public need where no feasible alternative is available.

b.

The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to nontidal wetlands and associated aquatic ecosystems have been addressed.

c.

Those developments which have had buffers applied in conformance with previously issued requirements.

d.

The buffer width may be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure, as long as the streamside setback/buffer (zone 1) is not disturbed by the narrowing, and no new structures are built within the setback.

5.

The applicant shall submit a written request for a waiver to include specific reasons justifying the waiver, and any other information necessary to evaluate the proposed waiver request.

6.

In granting a request for waiver, a site design, landscape planting, fencing, and the establishment of water quality best management practices may be required in order to reduce adverse impacts on water quality, streams, wetlands, and floodplains.

E.

Maximum open yard area. The total area of any lot devoted to lawns and gardens shall not exceed 30 percent of the total area of the lot. Any lot exceeding this requirement as of the effective date of this section shall be permitted to retain all existing lawn and garden areas. No new lawn or garden area shall be established within zone 1 or zone 2 of the required shoreline, stream or drainage course setback.

F.

Fertilizers, herbicides and pesticides.

1.

The use of herbicides and pesticides within the required stream setback/buffer shall be limited to those necessary to control insects which threaten native vegetation such as pine beetles and other borers, or the spot spraying of noxious or non-native species.

2.

The use of liquid or solid chemical fertilizers or manure within the stream setback/buffer is prohibited.

G.

On-site sewage disposal. The installation of any on-site sewage disposal system shall comply with the requirements of the Jefferson County Department of Health without variance. No septic tanks or field lines are allowed within the setback/buffer.

H.

Development controls. Developers are encouraged to respond creatively to both the market and the critical environmental values of the area, as well as to the needs and values of the city and the citizens.

1.

The applicant shall prepare an erosion and sedimentation control plan to minimize, to the maximum extent possible, the discharge of sediments to the Cahaba River. This plan shall be consistent with the practices set forth by the Jefferson County Stormwater Management Authority or the Alabama Department of Environmental Management, whichever is applicable.

2.

The applicant shall demonstrate that development will not significantly increase the likelihood of chemical or other biohazard runoff in adverse amounts into the Cahaba River which could be damaging to the ecosystem of the river, or the applicant shall propose modifications to the plan to retain runoff on the site to bring the project into conformance with ADEM standards.

3.

The applicant shall demonstrate, using methodology for small urban watersheds for a 25-year, 24-hour storm, that the total volume of stormwater discharged from the site in its post development condition shall not exceed the total runoff in its predevelopment condition. If this analysis demonstrates that this standard will not be met, the applicant shall propose modifications to the plan to retain runoff on the site to bring the project into conformance with this standard.

a.

If stormwater detention facilities are required, said facilities will be engineered to retain the first one-half inch of storm runoff for residential development and the first one and one-half inches of storm runoff for commercial and industrial development.

b.

All stormwater releases shall be at non-erosive velocities as may be accomplished by constructed velocity breaks, elevation drops, or other generally accepted engineering practices.

4.

Notwithstanding any of the above, in areas of Trussville where the flood hazard has been determined and that are subject to periodic inundation which may results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and/or extraordinary public expenditures for flood relief and protection, all development shall be done in accordance with the city flood damage prevention ordinance. The standards for flood plain development shall apply to any land delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM) whether or not the base flood elevation has been determined. Permits shall be subject to verification of the base flood elevation and the verification of the elevation of the lowest floor level, and further subject to the requirements of the city flood damage prevention ordinance for noncoastal communities. However, no construction will be approved within the floodway.

I.

Conflict with other regulations. Where the standards and management requirements of this section are in conflict with other laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply.

(Ord. No. 2023-004-PZ, 4-25-23)

19.1

Intent. The purpose of the groundwater/wellhead protection overlay district is to protect a natural resource that is needed to sustain life. This will help to preserve and maintain the quality and quantity of the existing and potential groundwater within the city.

19.2

Applicability.

A.

The standards of the groundwater conservation overlay district shall apply to any land meeting any of the following criteria:

1.

Is a potential contaminant source, identified by the Alabama Department of Environmental Management (ADEM) and is located within the City of Trussville Utilities Board Wellhead Protection Area Delineation Report (area 2 which includes the watershed of the wellhead area); or

2.

Is located within the wellhead protection area 1 boundary defined as a 1,000-foot radius of a city utilities board water well; or

3.

Will have a private, commercial, or industrial well.

B.

Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located.

19.3

Permitted uses. Any use permitted by right in the underlying zoning district shall be permitted in the Groundwater/Wellhead Protection Overlay district, subject to review and approval by the utilities board of the city.

19.4

Special exception uses. Any use permitted by special exception permit in the underlying zoning district shall be permitted as a special exception use in the Groundwater/Wellhead Protection Overlay district, subject to review and approval by the utilities board of the city.

19.5

Prohibited uses. The following uses shall be prohibited in the Groundwater Conservation Overlay district:

A.

The disposal of solid wastes, including the storage or disposal of hazardous wastes, except in strict compliance with ADEM requirements.

B.

Excavation below the groundwater elevation defined on the groundwater elevation map in the wellhead protection area delineation report. No ditches, trenches, pumping, or other methods shall be used to artificially lower the water table to permit more excavation than could occur under natural conditions, without approval by the city utilities board.

C.

The use of any well for disposal of rubbish and any other use to harm, divert, or contaminate the groundwater.

19.6

Approval. Any land meeting the criteria as set or referenced above shall be approved by the city utilities board prior to submission for development approval or site approval by the city planning and zoning board or the city engineering and inspections department.

19.7

Correction costs. Any contaminants or potential contaminants detected will be corrected by the city utilities board in accordance with ADEM's regulations, and the cost shall be conferred to the owner of the land.

(Ord. No. 2023-004-PZ, 4-25-23)

19A.1

Intent. The US-11 transition overlay district is intended to provide a transition between the dense commercial areas in proximity to Interstate 459 and the downtown area. The district is further intended to promote commercial development which is compatible with residential areas of Trussville, which begin in the subject area. The district standards will permit and promote commercial use which is harmonious with pedestrian use, the historic structures which lie in the district, and the planned downtown district through increased front setbacks, landscaping and tree requirements, and facade specifications.

19A.2

Applicability. The provisions of the US-11 transition overlay district shall apply to all property located on or adjacent to both sides of United States Highway lying generally between Mary Taylor Road and Kay Avenue (north side terminus) and Watterson Parkway (south side terminus), as more specifically shown on the map attached hereto and made a part thereof.

19A.3

Provisions. The provisions of this article supplement the requirements of the zoning ordinance, as amended. Where the provisions of this article conflict with other requirements, the more restrictive requirement will apply.

19A.4

Permitted uses. Any use permitted by right in the underlying zoning district shall be permitted in this overlay district.

19A.5

Special exception uses. Any special exception use in the underlying zoning district shall be permitted as a special exception use in the overlay district.

19A.6

Building design standards. The following regulations shall apply to any lot located within the overlay district:

A.

Front building line. The front building line of any building in the U.S. 11 transition overlay district shall be a minimum of 50 feet from the edge of the public right-of-way of U.S. Highway 11. Any building constructed prior to the completion of U.S. Highway 11 Road Improvements in Project STPAA-0007 shall be a minimum of 50 feet from the future right-of-way of U.S. 11 identified as acquired right-of-way on the project plans submitted September 13, 2006, as may be amended.

B.

Side and rear building setbacks. The side and rear setbacks shall be, at a minimum (i) the side and rear setback specified for the underlying zoning district in which the property is located, or (ii) ten feet, whichever is greater.

C.

Building orientation. No building shall be situated so that service or loading areas face U.S. Highway 11.

D.

Historic structures. Historic structures in the overlay district, including primarily the First Presbyterian Church, must be separated from any commercial or industrial use by way of a planted buffer 50 feet in width comprised of native (primarily evergreen) species, so as to protect said structures and minimize the impact of said commercial or industrial uses on those historic structures.

E.

Exterior materials. All exterior wall finishes on any portion of the structure must be masonry construction including brick, stone, or real stucco. Brick or stone may be left natural or may be modified through use of an applied finish such as a mortar wash or similar architectural technique. Exterior insulation and finish system (E.I.F.S.) siding shall not be permitted. Trim or accent materials may, in addition to the aforementioned materials, include wood, pre-cast concrete, simulated wood (such as fiber cement siding, polypropylene siding or similar material), vinyl siding with a thickness of .046 mm or greater, insulated vinyl siding, copper, tin or aluminum, glass or steel. Colors shall be of a harmonious, neutral color palette.

19A.7

Access and parking standards.

A.

U.S. 11 Access. Access to U.S. Highway 11 is subject to the approval of the Alabama Department of Transportation which may prescribe greater standards than those provided herein. Access points to U.S. 11 shall be spaced as far apart as is practical. Unless otherwise approved by the city planning and zoning board, no access point shall be located closer than 200 feet from the nearest adjacent access point. The planning and zoning board may approve an access point closer than 200 feet to the nearest adjacent access point in its discretion upon a determination that one or more of the following factors support same: no other access is available to a parcel of land, access is necessary to permit use of the parcel, access will be beneficial to traffic flow from other parcels, access will not promote unsafe conditions for automobiles or pedestrians, and the use of shared driveways, internal connections and other alternatives are deemed impracticable.

B.

Access between parcels. Front and rear parking lots shall be designed so as to permit and encourage connectivity between parcels. Where an adjacent parcel is not developed compatibly, parking areas shall be designed so as to permit future connections by utilizing a paved "stub out" to the property line or other similar feature to permit connections if compatible development is pursued in the future. If rear access between parcels is not prohibited by topography or unique design features, it should be provided so as to permit service vehicles to access adjacent parcels without being required to exit onto U.S. 11.

C.

Parking. Parking in front of any building shall be permitted but shall be limited to two rows of double-loaded parking. A landscaped buffer must be provided in between all parking areas and any public or private road or driveway. The buffer is not required to screen the buildings from visibility, but must be of such character and nature to minimize the visibility and impact of any such parking areas. Such buffer areas are not required for buildings without front parking areas; provided, however, that, in such case, the front yard shall be landscaped.

19A.8

Landscaping, buffers and pedestrian ways. In order to provide for and promote compatibility between uses within the overlay district and to provide a transition to residential districts in said area, the following standards concerning the streetscape and the area between buildings and U.S. Highway 11 shall apply, as generally depicted in Ex. 1:

A.

Right-of-way improvements. The right-of-way between the back curb of U.S. 11 and the right-of-way line of U.S. 11 which abuts the parcel must be improved and landscaped with a grassed buffer strip subject to state department of transportation (ALDOT) approval.

B.

Sidewalks. Within or adjacent to the U.S. 11 right-of-way and adjacent to the grassed buffer strip, improved pedestrian sidewalks must be provided. Said sidewalk shall be a minimum of six feet in width, and shall be constructed in accordance with the Trussville subdivision regulations and any greenways plans which have been adopted by the city. Pedestrian rights-of-way may be dedicated to the city or provided by way of right-of-way easement.

C.

Landscape buffer. If parking or an access drive is utilized along the front of any building, a tree-lined landscaped buffer strip of no less than five feet shall be required between the sidewalk and said parking lot. If the front yard or front building setback area is not utilized for parking, no such buffer will be required; provided however that the front yard must be fully landscaped in that instance. Street trees must be planted along the edge of the sidewalk nearest the building, either in the required buffer or in the front yard immediately adjacent to the sidewalk, if no buffer is required. Street trees, as specified in the tree conservation and landscape planning ordinance of the city, must be planted approximately 50 feet on center. Said trees must be three inches in caliper or greater.

D.

Trees and landscaping. Landscaping of the site shall be provided in accordance with the tree conservation and landscape planning ordinance of the city. All landscaped areas shall be irrigated and plant materials shall be installed using best practices so as to maximize viability of the material. Existing, mature trees should be utilized as part of the landscaping on each site where practicable.

19A.9

Lighting.

A.

Lighting shall have underground electric service, except where the lights, service poles and wires are not visible from public property.

B.

The intensity, location and design of lighting shall be such that glare is minimized onto adjacent property or the public right-of-way. Light fixtures shall be designed to cast light downward and not horizontally. Where necessary, cut-off devices shall be used to minimize glare off premises.

C.

Light poles and fixtures should be ornamental in nature, should be colored black, and should compliment or match the lighting in the downtown business district.

D.

Flashing, blinking or intermittent lights and neon tubing are prohibited.

19A.10

Signage.

A.

All signage within the overlay district shall comply with the CP signage guidelines found in Trussville Zoning Ordinance No. 2000-034-PZ, as amended.

19A.11

Grading and drainage.

A.

Except for retaining walls, smooth topographic transitions shall be provided throughout the overlay district, between properties, along vehicle connections between parcels and along pedestrian rights-of-way. Slopes steeper than a 1:3 slope (rise to run) are prohibited.

B.

Retaining walls may be utilized in the overlay district where topographic transitions are not possible or practicable, except for pedestrian rights-of-way, which must be constructed utilizing smooth transitions. The exterior surface of any retaining walls shall be compatible with the architecture and site design of the property. If fences are installed along any retaining wall, said fences shall be ornamental in nature and shall be architecturally compatible with light poles and other fixtures installed on the site.

C.

Retaining walls which exceed eight feet in height and are visible from public property shall be visually screened with vegetation.

D.

In areas which are visible from public property, subsurface drainage structures and grass swales shall be used to manage storm water. Open ditches are prohibited.

E.

The use of crushed granite or limestone for slope stabilization and storm drainage is prohibited in the public right-of-way and in areas which are visible from the through and auxiliary lanes of Highway 11.

F.

Prior to issuance of a certificate of occupancy for the premises, all slopes shall be stabilized with grass or other evergreen undercover or other vegetation.

19A.12

Site plan required. Prior to the issuance of a building permit for any new development or new building in the district, the property owner or his or her agent must submit in addition to other submissions required by city ordinances, a site plan and supplemental information to the building official for review to determine compliance with the provisions of this and other applicable city ordinances. Prior to the submission of a final site plan, the applicant should meet with the building official and the design review committee to review the proposed site plan and to obtain recommendations as to the plan. The site plan shall be drawn to a scale no smaller than one inch equals 50 feet and shall contain the following information:

A.

All property lines, easements, landscaping areas, buffers, and private rights-of-way, setbacks, required yards and other dimensions;

B.

Building and structures, including signs, service areas, fences, walls, light poles, power poles and mechanical equipment;

C.

Elevations showing building design and layout, facade materials and architectural elements, general design features, exterior colors and building features;

D.

Parking areas, driveways, sidewalks and pedestrian ways, existing and proposed parking spaces and access aisles, connections to adjacent property, public or private roads;

E.

Landscaping plans, identifying existing landscaping elements to be retained on the site, new landscaping, identification of plant material, size of plant material, and irrigation plan;

F.

Sufficient information and detail to clearly demonstrate that all requirements and standards contained in these regulations are satisfied;

G.

The site plan shall also be supplemented by submission of the following:

1.

A grading plan showing areas of cut and fill;

2.

An access management plan to U.S. 11 and adjoining properties;

3.

A certificate that the buildings comply with all regulations of this article;

4.

An exterior lighting plan;

5.

An erosion and sedimentation plan;

6.

All other plans or specifications necessary to show compliance with these standards and other regulations under the City Code.

H.

The site plan shall also be stamped by a professional engineer licensed in the State of Alabama.

[The Conceptual Site Plan Image on Page 102.7 shall be deleted.]

19A.13

Repealer. All ordinances or parts of ordinances heretofore adopted by the city council which are inconsistent with the provisions of this section are hereby expressly repealed.

19A.14

Severability. If any part, section or subdivision of this section shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this section, which shall continue in full force and effect notwithstanding such holding.

(Ord. No. 2008-016-PZ, § 1, 6-24-08; Ord. No. 2023-004-PZ, 4-25-23; Ord. No. 2023-018-PZ, § 2, 9-12-23)

19B.1

Intent. The Downtown Overlay district is intended to provide a comfortable, walkable and attractive environment for shopping, dining, commerce, living and civic activity in the Downtown Business district. The district is further intended to promote commercial development in a consistent manner within the district, which accounts for the surrounding residential areas, the existing traffic corridors serving the district, the traditional commercial function of the area and the goals in the downtown master plan. The Overlay district standards shall apply to all properties within the Downtown Business district in addition to the underlying zoning classification standards for each property, except as is limited herein.

19B.2

Applicability. The provisions of the Downtown Overlay district shall apply to property other than that zoned as a planned unit development (PUD) located within the Downtown Business district, which is defined as follows:

The area located between the Cahaba River on the east, Kay Avenue (north of Main Street) and Watterson Parkway (south of Main Street) on the west, Southern Railroad on the south and Linden Street on the north, as shown on the map appended to the zoning ordinance. For the purposes of this district, "main thoroughfare" shall refer to Main Street (U.S. Highwayn), North Chalkville Road and South Chalkville Road. Collector Street shall refer to Linden Street. Minor access roads shall refer to Cherry Avenue, Vann Circle, John Street, Glenn Avenue, Maple Avenue, Kay Avenue, City Hall Drive, Railroad Street, Dogwood Avenue, Cedar Street, Morrow Avenue, Cedar Lane, Kenimer Avenue, Beech Street, and Railroad Avenue.

19B.3

Definitions. The following definitions shall apply to this section 19B:

Building height means the vertical extent of a building measured in stories.

Business or professional office means, except where otherwise defined, an establishment conducting the affairs of a business, profession, service or industry which may include incidental sales.

Entertainment, indoor means a commercial establishment providing spectator entertainment within an enclosed building, including movie theaters, playhouses or similar establishments.

Forecourt means a frontage type in which building walls partially enclose an open space that fronts on and is visually and/or physically accessible from the sidewalk.

Frontage enclosure means the degree to which building facades and screen walls, where applicable, are located in the required frontage area to create continuity and enclosure along the streetscape.

Frontage type means site and building features designed together to establish a transition between the public realm of the streetscape and the private realm of the individual building, which transition occurs between the minimum setback line and the maximum setback line. Frontage types include: shopfronts, galleries, plazas, forecourts, terraces, and stoops.

Gallery means a frontage type in which a covered walkway ("gallery") is placed between the sidewalk and the ground floor building facade. Upper floors may be set back or may extend over the gallery.

General retail, enclosed means retail sales of goods and services, not otherwise defined in this article, from within an enclosed structure including, but not limited to, grocery stores or markets where food is sold, department stores, clothing stores, home furnishing stores, automotive supply stores, gift shops, florist shops, hardware stores, specialty shops, jewelry stores, variety stores, sporting goods stores, antique shops, office supply or equipment stores and similar retail establishments.

Hardscape means site features and surfaces such as concrete, brick pavers and similar landscape materials suitable for large amounts of foot traffic and that are not subject to erosion.

Hotel means a commercial establishment offering sleeping accommodations to guests where all guest rooms are accessed from the interior of the building. A hotel may also include, as an integral part of operations, such services as restaurants, meeting rooms, banquet rooms, gift shops, recreational facilities, or other complementary functions.

Impervious surfaces means structures or materials that prevent rainwater infiltration into soil.

Live-work building means a type of use in which a dwelling is located in the same building as the business operated by or employing the occupant(s) of the dwelling.

Personal services means establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to barber and beauty shops, tanning salons, massage therapy establishments, shoe repair shops, dry cleaning store, tailor, dressmaker, picture framing, and similar services.

Pervious surfaces means structures or materials that allow rainwater infiltration into soil. This includes natural soil, planted areas, pervious or "permeable" paving systems, and green roofs.

Plaza means a frontage type in which the building facade is connected to the sidewalk by a public or semi-public open space.

Primary frontage means that frontage of a corner or double frontage lot along the street of higher classification or, in the event such streets fall within the same classification, the street to which the primary building entrance faces.

Recreation, indoor means an establishment providing recreational activities to participants primarily within an enclosed structure, including bowling alleys, billiard parlors, health clubs and gymnasiums, video game centers, skating rinks and similar activities.

Recreation, outdoor means an establishment providing recreational activities to participants primarily outside of an enclosed structure, including driving ranges, miniature and conventional golf courses, swimming pools, tennis courts and other similar activities.

Required frontage area means the area of the lot between the minimum setback line and the maximum setback line where the front facade is to be placed.

Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building or in an integral outdoor dining area, and which may include alcohol sales for on-premises consumption as an incidental use.

Retail, large merchandise means an enclosed retail business selling merchandise generally characterized by high bulk including furniture, appliances, large hardware items, carpet, office equipment, building materials, and similar goods. A business that sells such merchandise, in combination with a large variety of non-high bulk merchandise, is properly considered "general retail, enclosed."

Secondary frontage means that frontage of a corner lot along the street of lesser classification; or the frontage of a corner lot other than the primary frontage.

Setback line, maximum means the greater of the two dimensions defining the required frontage area, representing the greatest distance the building facade may be from the sidewalk. The maximum setback line is measured from the back of the existing or planned public sidewalk or from the property line, whichever is furthest from the center line of the adjacent right-of-way.

Setback line, minimum means the lesser of the two dimensions defining the required frontage area, representing the smallest distance the building facade may be from the sidewalk. The minimum setback line is measured from the back of the existing or planned public sidewalk or from the property line, whichever is furthest from the centerline of the adjacent right-of-way.

Shopfront means a frontage type in which the building facade is aligned along or near the sidewalk.

Stoop means a frontage type in which the building entry level is raised above sidewalk level and the building facade is set back from the sidewalk to accommodate a set of steps and landing. Stoops generally provide access to one or two individual building entrances.

Terrace means a frontage type in which building entry level is raised above sidewalk level and the building facade is separated from the sidewalk by a mostly continuous platform providing access to one or more entrances along the facade.

Upper-story dwelling means that portion of a building, which includes only nonresidential uses on the ground floor, designed and occupied as a dwelling unit. In contradistinction to "live-work building," multiple dwellings may be located within the building, and the residents of such dwellings may or may not be associated with the nonresidential uses within the building.

19B.4

Use regulations.

A.

Permitted uses. Uses permitted by right (P) as shown in Table 19B.l.

B.

Special exception uses. Those uses designated as special exception (SE) uses in Table 19B.l may be permitted subject to approval of and conformance with any and all conditions required by the board of zoning adjustment (BZA).

C.

Conditional uses. Those uses designated as conditional uses (CU) in Table 19.B.1 may only be permitted upon the specific approval of and conformance with any and all conditions required by the city council. Requests for conditional uses shall first be submitted to the planning and zoning board for consideration and recommendation.

Requests for conditional use must include the following:

i.

An application shall be completed by the property owner or applicant. If the property owner is not the applicant, a letter from the owner to the city shall be required indicating the owner's consent to the application, and naming the applicant as his/her representative. The applicant shall submit ten paper copies and an electronic copy of a complete conditional use application packet to the city clerk at least 21 days prior to the planning and zoning board meeting at which the conditional use is to be considered, accompanied by the established fee to defray the cost of processing the application, which shall contain as a minimum, the following information:

a.

Scale plan with topography and flood plain information.

b.

The location, size, dimensions, and zoning classification of the site.

c.

The use, location, size and height of all existing and proposed structures on the site, including fences, walls and dumpster location.

d.

The location and number of parking spaces, driveways, loading areas, and points of ingress and egress.

e.

All easements and rights-of-way, and location of storm drainage facilities, hydrants, and utility poles.

f.

The set back and side lines of buildings on adjoining property, and other information concerning the lot or adjacent property as may be required to determine street views and/or separation.

g.

The location and dimensions of all exterior graphic displays.

h.

Exterior lighting plan.

i.

The location, dimensions, area, and character of all required buffers and greenbelts.

j.

Landscape plan.

ii.

A description of the development objectives of the proposed use and how the objectives further the intent of the downtown master plan.

iii.

Floor plans, building schematics, renderings or other materials showing how the use will be incorporated into existing or new structures or the property.

iv.

A description of surrounding uses and how the proposed use is compatible with those uses and the downtown master plan.

Planning board hearing. The planning and zoning board shall schedule a hearing on the application at the first regularly scheduled meeting after compliance with the application and notice provisions as set forth herein. The application will not be considered to be submitted until all materials are received and the processing fee paid. A minimum of 14 days prior to the planning and zoning board meeting at which the conditional use request is to be considered, the city clerk shall mail notification to all adjacent property owners. The notice shall state the location of the conditional use request, the nature of the request, including the current zoning classification, and the date, time and place of the meeting at which the request will be considered. The planning and zoning board shall submit a recommendation to the city council as to whether such requested conditional use should be approved as submitted, approved with modifications, or denied. Should the recommendation from the planning and zoning board be for denial of the application, the applicant shall have the option of withdrawing the application, or of continuing the process to present the application to the city council. Any decision to withdraw the application, shall be given in writing to the city clerk.

City council hearing. Upon receipt of the recommendation from the planning and zoning board, the city clerk shall schedule and advertise the proposed conditional use request for a public hearing before the city council. Notice shall be mailed to adjacent property owners a minimum of seven days prior to the city council hearing. The city council shall review the request, the recommendation from the planning and zoning board and any and all materials submitted in conjunction with the request, and will consider whether the conditional use should be permitted, and, if so, whether conditions should be required so as to render the use compatible with surrounding properties and uses thereupon, the downtown master plan, other master plans of the city or as is otherwise in the best interest of the city and its residents.

Denial. When the city council denies a conditional use request, the planning and zoning board shall not reconsider the same request for a period of one year. However, the planning and zoning board may adjust this time period, if in the opinion of a majority of the board an unusual situation or circumstance exists which would warrant another hearing, or that conditions in the area have changed, or that the request has changed. Each time an application is made, the required administrative fee must be paid, and no sum or any part of the fee will be refunded for failure to approve such proposal.

Expiration/revocation. Approval of a conditional use shall be considered exercised when the use has been established or when the building permit has been issued and substantial construction accomplished. A conditional use approval shall lapse and be of no effect if, after the expiration of one year from the date of city council approval, no construction or change in use pursuant to such conditional use has taken place, provided however, that the council may, for good cause shown, specify a longer period of time in conjunction with its action to approve a conditional use. When such use is abandoned or discontinued for a period of one year, it shall not be reestablished, unless authorized by the city council after a new application and approval through the conditional use process. Conditional use approval shall be revoked when the applicant fails to comply with the conditions improved by the city council.

19B.5

Building and frontage standards.

A.

Buildings shall conform to the building and frontage standards in Table 19B.2. Permitted frontage types are further described and depicted in the downtown master plan.

B.

Existing, nonconforming buildings may not be modified in any manner that increases their nonconformity with the applicable building/frontage standards. See also article III, section 2.0 nonconforming uses and article VI, section l9B.8.

C.

All uses shall be conducted from a permanent building constructed and maintained in accordance with the city building code, except as otherwise provided in article VI, section 2.0.

D.

Frontage type standards.

1.

General standards.

a.

The front facade of all principal buildings shall be located within the required frontage area as provided in Table 19B.2; provided, however, that all buildings shall be located no closer than the following minimum distances to adjacent streets and roads as measured from the back of the curb of such street or road or the edge of the pavement if no curb is present. ^[2]

i.

Main Street/US Highway 11: 16 feet min.

ii.

Chalkville Road: 12 feet min.

iii.

Local commercial/mixed-use street: 11 feet min.

iv.

Local residential street: ten feet min.

Where an existing street right-of-way is insufficient in width to contain the planned cross-section, the city may acquire the additional right-of-way or the property owner may dedicate an easement for such purposes, subject to the approval of the city council. Where a streetscape plan has been prepared by the city and such plan requires the curb-line to be moved, the required frontage area shall be determined in accordance with the proposed back-of-curb.

b.

Each principal building shall have at least one public entrance on the front or primary building facade.

c.

With the exception of shopfront and gallery frontages, new buildings shall have a minimum floor-to-floor height of 12 feet on the ground level. Buildings with shopfront and gallery frontages shall have a minimum floor-to-floor height of 14 feet on the ground level.

2.

Shopfronts. The required frontage area shall be a minimum 50 percent hardscape. On a corner lot, both frontages may be shopfronts or the secondary frontage may be developed as a gallery, plaza, forecourt, terrace or stoop.

3.

Galleries. The gallery depth shall be at least eight feet measured from the ground floor facade. The interior height of the gallery shall be at least ten feet measured from sidewalk level directly beneath the gallery covering.

4.

Plazas and forecourts.

a.

The depth of a plaza or forecourt shall be at least 20 feet.

b.

Plazas may be used for seating, outdoor dining, special events and similar uses but shall not be utilized for parking. On a corner lot, the secondary frontage may be a shopfront, gallery, terrace, or stoop. There shall be at least one public entrance to the building along the primary frontage.

c.

Fences or walls comprising part of the forecourt enclosure shall be a minimum of three feet but no greater than eight feet in height. Such fences or walls shall be brick, stone, stucco, durable or painted wood, ornamental metal or a combination thereof. Untreated wood, chain-link, plastic or wire shall not be permitted. No wood fence permitted hereby shall exceed four feet in height.

d.

In a forecourt, the wall of a building on an abutting lot may be considered as part of the forecourt enclosure when it is located within five feet of the shared property line. The open space within the forecourt may be public or private. On a corner lot, the secondary frontage may be a shopfront, gallery, terrace or stoop.

5.

Terraces and stoops.

a.

Steps, ramps or other building features shall not encroach into a right-of-way unless expressly approved and permitted by the city council.

b.

Terraces and stoops may be covered but shall not be enclosed.

c.

Terraces. The minimum depth of a terrace shall be 12 feet measured from the building facade. On a corner lot, the secondary frontage may be a shopfront, gallery, plaza, forecourt, terrace or stoop.

d.

Stoops. The minimum depth of a stoop landing shall be five feet measured from the building facade. On corner lot, the secondary frontage may be a shopfront, gallery, plaza, forecourt, terrace or stoop.

19B.6

Parking and access standards. Except as otherwise provided herein, off-street parking shall be provided in accordance with article IX, off-street parking and loading requirements.

A.

Parking.

1.

Whenever there is a change in use of an existing premises, minimum parking requirements shall be met.

2.

Driveway, parking and circulation areas may be designed with pervious pavers and similar pervious materials approved by the building official. The use of pervious paving materials may be advantageous in meeting impervious surface cover limitations.

3.

The amount of parking specified in article IX shall be required except as follows:

a.

Required parking provided collectively or jointly amongst mixed uses may be modified or reduced, if supported by a shared parking study conducted by a professional engineer performed in accordance with the techniques cited in the latest edition of "shared parking" as published by the Urban Land Institute. The reduction of such required parking when shared parking is utilized is applicable to mixed uses on the same premises or on multiple abutting premises. Approval of such shared parking will be the responsibility of the city council upon recommendation of the planning commission.

b.

The city council, upon a recommendation by the planning and zoning board, may waive or modify parking requirements and instead accept a fee-in-lieu for all or a portion of the required parking. Such fee-in-lieu shall be used by the city to develop and improve on- and off-street public parking facilities within the downtown overlay district. The fee-in-lieu shall be equal to the costs, as determined by the city, for that portion of the required parking requested by the developer or owner to be waived.

B.

Access.

1.

Direct access from Chalkville Road shall be minimized. Wherever possible, access shall be provided from minor streets, through a shared access drive, cross access or alley. All driveways shall be separated from other driveways, alleys and intersections with streets in accordance with Table 19B.4. Main Street is an ALDOT roadway and will fall under their guidelines. Access to Main Street is controlled by the state department of transportation and as such shall meet their requirements.

2.

Off-street parking spaces may be directly accessed from an alley provided the building official determines there is sufficient maneuvering space.

3.

No more than one driveway shall be permitted per premises per street frontage where other access options arc readily available. However, upon recommendation from the public works director city engineer, a second access may be permitted by the planning and zoning board where the street frontage of the premises for which the second access is requested is greater than 250 feet.

19B.7

Sidewalks. Development of any parcel in the downtown overlay district that either do not have sidewalks or do not have sidewalks that meet the standards in this article shall include sidewalks as part of the development, according to the following:

A.

Sidewalks in the downtown overlay district shall be no less than six feet wide. Where possible, sidewalks should be between ten to 12 feet wide so as to allow for two-way pedestrian traffic.

B.

Where streets do not contain on street parking that buffers pedestrians from moving traffic, the sidewalk shall be separated from the edge of the finished street by landscaped buffer area, of no less than five feet wide. Such buffer area shall be required in addition to any required sidewalk. Where on street parking exists or is added to the streetscape as part of site development, the sidewalk may immediately abut the finished street edge.

C.

Enhancements such as landscaping and tree wells, pedestrian amenities and seating, or other streetscape elements may be added within the sidewalk or any landscaped buffer areas, provided all areas of the sidewalk maintain a minimum of five-foot clearance for pedestrian movement.

D.

The city council may grant exceptions to one or more of these standards, either permitting sidewalks of different widths or waiving the requirement to provide sidewalks entirely, in the event it finds all of the following:

1.

Strict compliance with these standards would lead to:

a.

An inappropriate design of the right-of-way design and site, according to sound urban design, planning or landscape principals;

b.

A detriment to general public safety; or

c.

Excessive construction costs due to extreme and unusual topography or other conditions of the site.

2.

The inability to meet the standards is due to unique conditions of the site; and

3.

The degree of exception granted by the city council is the minimum necessary to achieve an appropriate design of both the site and the right-of-way upon which the site fronts, and such that it will not be detrimental to general vehicular and pedestrian transportation patterns along the street and within the district.

19B.8

Additional standards for upper story dwellings.

A.

Upper story dwellings may be permitted as a conditional use upon approval by the city council. The city council may require that any such approval be subject to or upon conditions which, in its discretion, render such use compatible with other uses in the district and with the objectives set forth in any adopted master plan for the downtown area.

B.

Upper story dwellings shall only be located on the upper stories of a multi-story building and shall not be permitted on any street-level or ground floor.

C.

The maximum allowable density of upper story dwellings shall be one dwelling unit per 5,000 square feet of land contained in the parcel upon which the use is located.

D.

The minimum number of upper story dwellings in a building shall be four and the maximum number of upper story dwellings in any one building shall be 16.

E.

No fewer than two dedicated secure parking spaces per upper story dwelling unit shall be provided and such requirement shall not be modified or reduced by utilizing the shared parking formulas in this section. Required spaces for visitors or guests may, however, be included in the shared parking formula.

19B.9

Additional requirements.

A.

New construction, redevelopment, expansions and additions. A site plan shall be submitted to the building official in accordance with article IV, section 3.0 and shall contain the following information in addition to that required by such section: the location of any and all drainage facilities, fire hydrant location, exterior lighting, and screening. Other information may be required by the building official to determine compliance with the provisions of this article VI, section 19B.

B.

Pedestrian passages. The city may require a pedestrian passage between public or shared parking areas and public sidewalks along Main Street and Chalkville Road. Where required, such passage shall not be less than ten feet in width and shall be contained within a casement of adequate width. Where feasible, the easement shall be placed along a side lot line and extend five feet on either side of the lot line. The upper floors of a building may extend over all or a portion of the casement, provided a clear height of ten feet is maintained between the walking surface of the passage and the lowermost portion of the building structure directly above.

C.

Buffers and screening requirements. Buffers and screens shall be as required by article VII, sections 7.0—7.4. In addition, where abutting a residentially-zoned property, a landscaped buffer of at least ten feet in width shall be provided throughout the length of the shared property line. However, the planning and zoning board may reduce the required width when an opaque wall or fence meeting the requirements of article VII, section 7.1 is provided.

D.

Streetscape and landscape. Streetscaping and landscaping, where provided, shall be provided in compliance with access and mobility standards and design standards in the downtown master plan and shall further comply with the city landscape ordinance.

E.

Lighting. Exterior lighting, including but not limited to, street lights, exterior fixtures and accent lighting shall be of compatible and complimentary types, designs and specifications to that specified by the city in the downtown master plan and the city's approved downtown lighting standards.

19B.10

Nonconformance. Within the Downtown Overlay district, there exist lots, structures, uses of land and structures, and characteristics of use that were lawful before the downtown overlay district ordinance was adopted and that would be prohibited, regulated or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue in the Downtown Overlay district so long as they remain otherwise lawful, subject to the following provisions:

A.

No such nonconformity may be enlarged or altered in a way which increases its nonconformity, but may be altered to decrease its nonconformity.

B.

Should such nonconformity be destroyed by any means to an extent of more than 50 percent of replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

C.

Should such nonconformity be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the Downtown Overlay district.

D.

Should such nonconformity be abandoned or discontinued for more than one calendar year, it shall thereafter conform to the regulations for the Downtown Overlay district.

E.

Such nonconformity shall not be changed to another nonconforming use, nor be used as grounds for adding other structures or uses prohibited elsewhere in the Downtown Overlay district.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual construction has been carried on diligently and continuously.

(Ord. No. 2016-004-PZ, § 1, 2-9-16; Ord. No. 2017-008-PZ, § 1, 2-14-17; 2017-014-PZ, § 1, 3-14-17; Ord. No. 2023-004-PZ, 4-25-23; Ord. No. 2023-018-PZ, § 4, 9-12-23)

20.1

Intent. To provide areas suitable for public parks for active and passive recreational uses; and for use solely for public and civic purposes and general municipal undertakings of the city.

20.2

Uses permitted. Public recreation uses such as parks, playgrounds, athletic fields, golf courses, swimming pools, tennis courts, gymnasiums, walking trails, picnic facilities, pavilions, botanical areas, natural areas, and recreational facilities along with accessory structures and buildings customarily associated with such uses, and municipal buildings and facilities and those associated with municipal utilities operations. Similar uses may be permitted subject to the provisions of article IV, sections 6.0 and 7.0.

20.3

Special exception uses. None.

20.4

Buffer requirements. None specified, although a greenbelt or other suitable buffer may be required by the planning and zoning board in appropriate cases where a park facility abuts any zone district other than another "P" district, and where it is deemed that noise, lighting, traffic, hours of operation or other related factors would create a problem for adjacent areas.

20.5

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Sign regulations, article IX.

(Ord. No. 2023-004-PZ, 4-25-23)

21.1

Intent. The Planned Unit Development district ("PUD") is designed to permit the flexible development of comprehensively planned projects which permit one or more uses to be developed on a tract of land, taking into consideration the compatibility of specific uses with the surrounding uses in accordance with an approved master development plan, the intent of which is to:

A.

Promote community development through planned associations of uses developed as integral land use units, such as residential developments containing multiple types of housing, including detached single-family dwellings, attached family dwellings, multi-family dwellings, office or industrial parks or complexes, commercial establishments, service centers, or any appropriate combination of uses which may be planned, developed, or operated as integral land use units.

B.

Permit higher densities of land development in conjunction with provisions for functional open space and community services.

C.

Combine and coordinate uses, building forms, building relationships, and architectural styles within the PUD.

D.

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

E.

Except a development from the conventional zoning regulations and provide for modified regulations regarding setbacks, minimum yard size, minimum greenbelts, buffers and screens, off-street parking regulations, minimum floor areas, and other regulations to achieve the intent described herein.

21.2

Definitions. If any terms defined in this section shall contradict or conflict with any terms defined in any other section of this ordinance, the definitions contained within this section will apply.

Common open space means any greenbelt, park, lake, river, or recreational development or area which is owned in common or private, devoid of any buildings and other physical structures, except where accessory to the provision of recreation opportunities, and which is developed, located, and/or maintained to provide relatively permanent recreational opportunities. Common open space includes undisturbed natural areas, wildlife habitat, garden areas, nature trails, viewing areas and other areas designed for passive enjoyment, but also includes improved parks, athletic fields, playgrounds, swim and tennis facilities, or other like areas designed and intended for active pursuits. Common open space may be made available to the general public or may be restricted to use for a homeowner or business association membership or segment thereof. Common open space dedicated in fee to the city or other governmental agency to be responsible for the operation and maintenance, shall not be for the exclusive use of the development.

Density, commercial/industrial means the maximum area to be occupied by structures and the maximum area to be occupied by parking lots or other impervious area expressed as percentages of the total commercial/industrial area to be developed.

Downtown Business district means that area defined and described in article VI, section 19B.2 of the zoning ordinance of the city.

Density, residential means the maximum number of dwelling units per acre by specific type, such as single family, townhomes, multi-family, or mixed-use, as well as a total number of units anticipated for the entire development stated in number of units per gross acre.

Dwelling, attached family means a building designed and arranged to provide separate sleeping, cooking and kitchen accommodations and toilet facilities for occupancy of more than one family whereby the individual living units are built for sale, in fee simple, and not for lease and including duplexes, cluster homes and townhomes.

Dwelling, detached single-family means a detached building designed and arranged to provide sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by one family only.

Dwelling, multi-family means structures designed or used for residential occupancy by more than one family, with or without common kitchen facilities or dining facilities, and which is leased in part or whole, including apartment houses, condominiums, rooming houses, boarding houses, or similar housing types, but not including hotels, motels, hospitals, or nursing homes.

Gross site area means the total land area to be classified as the planned unit development.

Highway 11 Transition Overlay district means that area described in section 19A.2 of the zoning appendix of the city.

Interim uses means any temporary use of land in any area of a PUD which has been approved as part of the PUD development plan and criteria. An interim use can be any use and may or may not be a principal permitted use or a special exception use of the land use district in which it is located.

Land use district means delineation of land area intended for a specific use.

Mixed-use building means a single building used for both commercial and residential uses occupying separate floor levels.

Mixed-use district means a single district containing buildings utilized for residential, commercial, office and municipal use or a mixture thereof integrated within a planned unit development.

Planned unit development means a development project comprehensively planned as a single entity via a unified site plan which permits flexibility in siting and development, design, mixtures of housing types and land uses, usable open spaces and the preservation of natural features.

Plat means any drawing or drawings and related written material indicating the proposed manner or layout of a road, parcel, and/or subdivision to be submitted to the City of Trussville for approvals and/or recording purposes.

Street level means any floor at the level of a public street or thoroughfare or private street or parking lot utilized by the public for access to a building or adjacent or surrounding uses. A building may have more than one street level floor depending on its configuration and elevation of the parcel upon which it is sited.

21.3

Application and requirements for PUD.

A.

Area/density requirements. The following area and density requirements shall apply under this article: When situated outside of the downtown district or transition district as defined in the downtown zoning district and in the Highway 11 Transition district overlay, any tract of land proposed to be zoned PUD shall contain the following minimum number of acres, except when the master development plan of an existing approved PUD is amended by the original applicant, successor, or assign, to include additional area as provided in this article:

1.

In the Downtown Business district—Two acres.

2.

In the Highway 11 Transition Overlay district—Four acres.

3.

In all other areas of the city—60 acres.

Density of the development shall be ultimately determined by the city council, and shall not exceed the following:

1.

In the Downtown Business district, 12 residential units per acre, although the city council may, in its sole discretion, approve a greater density upon a finding that such greater density better meets the purposes of the district, or the specific plans and goals of the city master plan or the downtown master plan.

2.

In all other areas of the city, 3.5 residential units per acre.

B.

Preapplication conference. Before filing any application for a planned unit development, the prospective applicant shall submit basic site information and preliminary development plans and sketches for consideration, comments and preliminary suggestions. This conference shall be conducted by city officers and officials including the mayor, city clerk, building official, and other officials and personnel at the discretion of the city. In order to allow adequate review time, these materials must be submitted to the office of the city clerk at least ten days prior to the date set for the preapplication conference.

C.

Submission of application. After the preapplication conference, the owner (or his duly appointed representative) of a tract of land shall submit a formal application to the city clerk at least 21 days prior to a regularly scheduled planning and zoning commission meeting. An application processing fee is required at the time of filing.

D.

Contents of PUD application. The PUD application shall contain the following:

1.

Name and address of the applicant.

a.

If corporation, principal officers and members of the board of directors.

b.

If partnership, general and managing partners.

c.

If a limited liability company, all general and managing members.

d.

If another business entity, all those with managerial or ownership interest in the entity.

e.

Any material change to the above shall be submitted within 60 days.

2.

Current zoning(s) of the property under consideration.

3.

Names and addresses of all owners of the property.

a.

If corporation, principal officers and members of the board of directors.

b.

If partnership, general and managing partners.

c.

If a limited liability company, all general and managing members.

d.

If another business entity, all those with managerial or ownership interest in the entity.

e.

Any material change to the above shall be submitted within 60 days.

4.

A list of owners of all property situated in whole or in part within 500 feet of the property under consideration for the PUD to include the owner's name, mailing address and tax parcel identification number.

5.

A master development plan of the PUD and any site plans, engineering drawings, architectural renderings, and maps necessary to show the following minimum information:

a.

The direction of north, exact location of the site in relation to the vicinity in which it is located, appropriate scale and topography, in not greater than five-foot contour intervals, waterways, floodways, 100- and 500-year floodplains and forest cover.

b.

The location of the various land uses by PUD land use districts as listed in this article.

c.

The size, boundary lines, dimensions and street frontage of each such district.

d.

Location and width of existing and proposed streets, thoroughfares, greenbelts, natural or man-made open spaces, schools, parks and community service areas within and adjacent to the project area.

e.

Location of environmentally sensitive areas, such as wetlands, steep slopes, or mined areas.

f.

Location of storm drainage and retention areas.

g.

Items included in the planning criteria for which locations are requested or for which graphic depictions are requested.

6.

The planning criteria for the PUD, which shall include the following written statements and other matters and shall be included on site plan(s) where locations are requested:

a.

The proposed name of the development.

b.

A legal description of the total site proposed for the PUD.

c.

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

d.

A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant, including a description of the character of the proposed development and the rationale behind the assumptions and projections made by the applicant in relation to over-all community growth and integration with surrounding uses. In the Downtown Business district or Highway 11 Overlay Transition district, a description of how the PUD will meet the objectives of the downtown core or the Highway 11 Transition district shall be included.

e.

If the development is to be staged, a development schedule indicating how the staging is to proceed, and an estimated date when construction of the PUD will begin and end.

f.

Delineation of the various land use districts within the PUD, and the uses proposed within each such district, indicating for each area its size and composition in terms of total number of acres. In residential use districts, the total number of dwelling units and approximate percentage allocation by dwelling unit type, such as townhomes, garden homes, single family, condominiums or duplexes, as well as locations for each such dwelling unit type must be identified. In mixed-use districts, the part of the parcel and of the building which is to be devoted to each use must be provided.

g.

Density calculations in units per acre, as follows:

i.

Residential density per gross acre (residential units divided by gross acres).

ii.

Residential density per acre excluding all non-residential use districts (residential units divided by residential acreage).

iii.

Residential density per acre including common open space (residential units divided by residential acreage plus common open space).

iv.

Residential density in each specific land use category which includes residential uses (residential units divided by residential acreage in each specific PUD district).

h.

Development criteria which shall include setbacks, minimum finished floor areas, building heights, general building locations, building footprints (if possible), sign criteria, loading areas, service yards, and on- and off-street parking and loading requirements for each land use district proposed, and/or any other development criteria which the owner/developer may propose.

i.

Description of architectural styles/features, design criteria, materials being utilized for exteriors, and exterior elevations and renderings showing typical buildings and/or architectural features.

j.

Description, location, size and use of the common open space and a statement as to how common open space is to be owned, used and maintained.

k.

Proposed principal ties to the surrounding area with respect to transportation, water supply, utilities, sewage disposal, and storm drainage and locations thereof.

l.

Protective and/or restrictive covenants, homeowner or business association and architectural review committee documents, including architectural standards and requirements.

m.

A description of street/subdivision signs, commercial signs or other signs, including street, traffic and informational signs.

n.

A parking plan showing (if possible) or otherwise describing parking areas and facilities, including specific information about the size, location and design of parking facilities, the number of parking spaces proposed and means of addressing any parking concerns or problems that may be presented by the proposed development.

o.

Any planned interim uses.

p.

A traffic study.

q.

A site drainage study.

r.

A copy of any best management practices (BMP) application or certificate.

s.

Landscaping plan, sidewalk plan and exterior lighting plan.

t.

An education impact study.

u.

Description of the materials with which the parking, driveway and sidewalk areas will be covered.

v.

Other studies as may be deemed necessary by the city engineer to determine development suitability to the particular site.

E.

Common open space requirements.

1.

No less than ten percent of the development's gross site area shall be maintained in permanent common open space. Common open space may include environmentally sensitive areas such as slopes in excess of 25 percent and 100-year floodplains, natural or manmade bodies of water, buffers between uses, and active and passive recreational uses.

2.

Common space must be legally and practicably accessible to the residents and/or users of the development out of which the required common open space is taken.

3.

No designated common open space area may be subdivided in the future, nor may it be used for any purpose other than those permitted by definition. No rearrangement or alteration to any approved common open space that would result in a reduction of the original amount of open space, not in its proportion to the overall development, shall be permitted.

4.

Maintenance provisions shall be made by the developer for the upkeep of all common open space areas not left in a natural state.

21.4

Review procedure.

A.

The application, including the master development plan, the planning criteria and all other materials submitted (the "plan"), shall be reviewed and zoning approval considered consistent with the provisions of article X, amendments and changes of this appendix.

B.

Approval of the PUD zoning application by the city council shall be an approval of the master development plan, the planning criteria, and other supplemental information submitted therewith and all such approved materials shall become part of the zoning designation and regulations for the property. The developer of the PUD may proceed with the development of the property contingent upon subdivision approval by the planning and zoning board and compliance with any permit and/or license requirements, and no further zoning approvals shall be required when developed in accordance with the approved PUD plan. Said approval shall be binding and enforceable upon the developer, his successors, or assigns.

21.5

PUD Land Use districts. The following land use districts shall apply to all or part of a PUD:

A.

Planned Single Family (PR-1).

1.

Intent. To provide a district for the development of single-family residences, in compliance with the approved PUD plan.

2.

Permitted principal uses.

—Detached single-family dwellings.

—Accessory structures.

3.

Permitted with special approval.

—Home occupations.

4.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

5.

Minimum building separation side to side shall be ten feet as measured from the furthermost building projection, provided, however, that said separation may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further where factors such as geographic features, particular design features, building layout, location of other structures, environmental conditions, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced separation.

6.

Minimum building separation back to back shall be 30 feet as measured from the furthermost building projection, provided, however, that said separation may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further where factors such as geographic features, particular design features, building layout, location of other structures, environmental conditions, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced separation.

7.

Maximum building height. Buildings in the PR-1 district shall not exceed three stories in height.

8.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the city.

B.

Planned Attached Family (PR-2).

1.

Intent. To provide for the development of attached family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

2.

Permitted principal uses.

—Cluster homes.

—Duplexes.

—Townhomes.

—Accessory structures.

3.

Permitted with special approval.

—Home occupations.

4.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

5.

Maximum building height. Buildings in the PR-2 district shall not exceed three stories in height.

6.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

C.

Planned Multi-Family (PR-3).

1.

Intent. To provide for the development of multi-family residences and to coordinate with appropriate community services, in compliance with the approved PUD plan.

2.

Permitted principal uses.

—Apartments.

—Condominium dwelling units.

—Customary accessory structures.

3.

Uses permitted with special approval.

—Home occupations.

—Assisted living facilities.

—Nursing homes.

4.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

6.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

D.

Planned Office (PO).

1.

Intent. To provide for the development of areas for coordinated employment activity, services which do not materially detract from nearby residential areas, in compliance with the approved PUD plan.

2.

Permitted principal uses.

—Banks and other lending or financial institutions.

—Offices used exclusively for office purposes, wherein retail or wholesale trade or business is not conducted or wherein no merchandise or products are manufactured, stored, handled, conveyed, sold or otherwise disposed of.

—Professional offices occupied by architects, attorneys, dentists, engineers, physicians, and other similar professionals.

—Public buildings.

—Related support businesses, such as, but not limited to, restaurants, drug stores, barber shops, beauty parlors, and like uses, provided that such related support uses are physically located inside the structures devoted to the permitted principal uses set forth above.

3.

Minimum front setback without special approval is 20 feet. Prescribed setbacks may be reduced when understory parking facilities are provided, parking access is provided by means of a rear alley or common driveway to a parking area, or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

4.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

5.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

E.

Planned Commercial (PC).

1.

Intent. To provide for the development of retail business districts and other compatible uses, in compliance with the approved PUD plan.

2.

Permitted principal uses. Those permitted principal uses allowed in the Planned Office district and the following:

—Antique store.

—Appliance and small engine repair.

—Art supply and/or frame shop.

—Audio video store.

—Auto dealership.

—Auto parts store.

—Bakery (minor) which bakes goods for on-premises retail sale only.

—Barber or beauty shop.

—Bicycle shop (including repairs).

—Book store.

—Bridal shop.

—Building material sales—No outside storage yard.

—Business and domestic equipment rental and sales.

—Car wash.

—Card/gift shop.

—Clothing store.

—Computer/electronics store.

—Convenience stores.

—Cosmetic studio.

—Craft or hobby shop.

—Dance studio.

—Day care center.

—Day spa.

—Department store.

—Drug store.

—Dry cleaning and coin-operated laundromat.

—Duplicating or copying service.

—Factory outlet store.

—Fitness center.

—Florist shop.

—Furniture store.

—Game room.

—Garden shop.

—Gasoline service establishment which may also provide auto repair services such as muffler, tire, battery, brake, and transmission shop.

—Gift shop.

—Grocery store.

—Hardware store.

—Health food store.

—Hospital.

—Hotel or motel/bed and breakfast.

—Ice cream parlor.

—Indoor sports facilities such as bowling, health club or spa, racquet club, skating rink, etc.

—Interior decorating store.

—Jewelry store.

—Mailing and package shipping center.

—Motion picture theater.

—Music store.

—Offices—Business and professional.

—Parking decks, garages, or other similar multistory parking facility.

—Pet store.

—Photographic studio.

—Physical therapist.

—Radio and TV stations (no antennas).

—Restaurant.

—Retail establishment, including but not limited to, neighborhood service facilities, schools, shopping centers.

—Sales showroom for appliances; furniture; carpeting; lighting fixtures; medical and office equipment.

—Shoe store/shoe repair.

—Sporting goods store.

—Stationary store.

—Tanning salon.

—Theater.

—Tobacco shop.

—Toy stores.

—Travel agency.

—Veterinary clinics (no outside kennels).

—Video store.

3.

Permitted with special approval.

—Other commercial, recreation and amusement facilities.

—Assisted living care facility.

—Nursing home.

4.

Minimum front setback without special approval is 20 feet. Prescribed setbacks may be reduced when understory parking facilities are provided, parking access is provided by means of a rear alley or common driveway to a parking area, or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks, where it is determined that such setback reduction does not impact health, safety and welfare.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures; provided, however, that no building shall exceed three stories in height in the Downtown Business district or the Highway 11 Transition Overlay district.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

6.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

F.

Planned Community Support (PCS).

1.

Intent. To provide a district for the development and location of institutional, educational, recreational and other public and community centered facilities and services to support and complement other uses both within the PUD and throughout the community.

2.

Permitted principal uses.

—Church.

—Community buildings.

—Day care centers.

—Library.

—Museum.

—Public elementary or high school, or parochial or private school having a curriculum compatible to a public school, but not providing residential accommodations.

—Recreational facilities operated on a non-profit basis; golf courses; swimming pools; tennis courts; parks, including playgrounds, ballfields, and picnic areas.

3.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

4.

Minimum building separation side to side shall be ten feet as measured from the furthermost building projection, provided however, that said separation may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, where factors such as geographic features, particular design features, location of structures, lot configuration, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced separation.

5.

Minimum building separation back to back shall be 30 feet as measured from the furthermost building projection, provided however, that said separation may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, where factors such as geographic features, particular design features, location of structures, lot configuration, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced separation.

6.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

7.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

G.

Planned Business (PB).

1.

Intent. To provide for the establishment of areas compatible with office, commercial and light industrial uses which are performed inside buildings with limited screened outside storage or operations that may be adjacent to retail districts, in compliance with the approved PUD plan. Planned business uses shall not be allowed in the downtown district or the transition district.

2.

Not permitted in certain areas. No PUD located in the Downtown Business district or the Highway 11 Transition Overlay district shall include the Planned Business (PB) Land Use district.

3.

Permitted principal uses.

—Bulk distribution facilities.

—Janitorial and maintenance services.

—Light industrial, fabricating, processing assembling and manufacturing uses.

—Office/warehouse.

—Plumbing, heating and cooling, electrical and other supply and service facilities.

—Research laboratories.

—Warehouses (including mini-warehouses and self-storage facilities).

—Wood working shops.

4.

Permitted with special approval.

—Those commercial and institutional uses which are supportive of industrial employment centers.

5.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

6.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

7.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

H.

Planned Mixed-Use (P-MX).

1.

Intent. To provide for a combination of commercial, office, public, and residential uses within a planned unified development area that is diverse, compact and pedestrian oriented, which will permit and encourage maximum land use and which is in proximity to the city's downtown commercial area.

2.

Permitted principal uses.

—Antique stores.

—Art supply store.

—Arts and crafts store.

—Bakery.

—Bank.

—Book store.

—Bridal shop.

—Card shop.

—Clothing store.

—Computer store.

—Delicatessen.

—Drug store.

—Dry cleaning pick-up (where no cleaning or laundry is done on premises).

—Duplicating service.

—Dwelling units to include lofts, condominium units and live/work units.

—Electronics store.

—Fitness center.

—Florist shop.

—Furniture store.

—Garden shop.

—Gift shop.

—Hardware store.

—Hobby shop.

—Hotel/motel/bed and breakfast.

—Ice cream parlor.

—Interior design shop.

—Jewelry store.

—Mailing and package shipping center.

—Museum.

—Offices—Business and professional.

—Outdoor entertainment, to include concerts, festivals, open air fairs, art shows.

—Parking decks, garages, or other similar multistory parking facilities.

—Parks.

—Physical therapist.

—Portrait studio.

—Public facilities.

—Restaurant.

—Shoe store.

—Sporting goods store.

—Stationary store.

—Toy store.

—Travel agent.

—Video store.

—Similar commercial retail uses.

Accessory structures customarily incidental to the uses specifically permitted in this section and conducted in another building located on the parcel are also permitted; provided, that no accessory structure may be used as a dwelling or an office or be occupied by any person, either on a permanent or temporary basis.

3.

Permitted with special approval.

—Home occupations.

—Independent living, retirement, or similar special purpose residential facilities.

4.

Setbacks. Minimum front setback shall be 20 feet, provided, however, that said setback may be reduced upon express approval by the city council when the plan and objectives of the PUD support same, and further upon the provision of understory parking, access by a rear alley or common driveway or other circumstances where geographic features, particular design features, internal stability, safety, order, efficiency, the provision of light, air, open space and integration with other uses, in the council's sole discretion, support such reduced setbacks.

5.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 300 feet from a residential district boundary, said building may exceed three stories in height up to a maximum of six stories in height if the council determines in its sole discretion that topography, building layout, design features, landscaping, special geographic features, location and proximity to adjacent uses supports said additional height allowance and that said additional height will not have an adverse impact on adjacent property or uses and will be of compatible scale and proportion with surrounding structures.

In making said determination, the council may consider factors such as height of surrounding buildings, use of surrounding parcels, width of roadway, setbacks, lot size, scale and proportion of the project, specific design features, building locations, topography, or other factors deemed appropriate by the council.

6.

Mixed-use buildings.

a.

In a mixed-use building, dwelling units to include lofts, condominium units and live/work units must be located on floors above commercial uses, and must have a separate entrance from commercial entrances used by patrons. Commercial and residential uses may not occupy a common floor in the building, the intent being to permit coexistence of said uses in the same building but with appropriate segregation to permit reasonable use and occupation by both residential and commercial occupants. Residential units shall not be allowed as a street level use unless exceptional circumstances support same and then only when appropriate as a transition to existing residential uses.

b.

Street level uses in mixed-use buildings. The following uses shall not be permitted in a mixed-use building unless the city council determines that the development objectives, criteria, design features, specific terms, conditions and limitations are sufficient to make the requested use and residential use in the building compatible:

—Auditoriums;

—Barber shops;

—Beauty shops;

—Dance studios;

—Grocery stores, operated as a neighborhood food market;

—Hardware stores, operated as a neighborhood hardware store;

—Music stores;

—Pet stores;

—Restaurants;

—Theaters;

—Tobacco shops;

—Liquor or wine shops;

—Outdoor café.

c.

Parking. There must be at least two paved or enclosed parking spaces for the exclusive use of each residential dwelling unit in a mixed-use building and sufficient additional parking space per dwelling unit for visitors to those residences. Parking for residents, and/or visitors to residences shall be designated as such, shall be in the rear of the building or located in a parking deck, and shall be controlled access. Additional parking for patrons shall be required in accordance with general parking requirements of the city.

The master development plan and/or planning criteria should fully set forth a parking plan for any such development, which must contain detailed information about parking locations, access, means of restricting access of residential parking to residents, usage patterns, overflow parking, parking for patrons of street level uses, other available public parking and all other factors which show the impact of said multi-use building on parking.

7.

Proximity to downtown area required. The Planned Mixed-Use district shall not be allowed or included in any PUD which is located more than one and one-half mile from the intersection of Chalkville Road and U.S. Highway 11 (Main Street/Gadsden Highway), which is considered the center of the city's downtown area.

8.

Fire code compliance. Notwithstanding any of the aforementioned building setbacks, separations, or heights, all buildings shall conform to the International Building Code, International Residential Code, the National Fire Code and the Standard Fire Prevention Code, as adopted and amended by the City of Trussville.

I.

Planned Common Open Space (PCOS).

1.

Intent. To provide for permanent open areas or other recreational areas to be set aside in a PUD and further to preserve natural areas, to reduce storm water runoff, to provide areas for the use and enjoyment of residents of the PUD and the community.

2.

Permitted uses.

—Permanent common open space.

3.

Other conditions. Additional terms and conditions concerning common open space are provided in section 21.3E. of this section.

21.6

Consideration of PUD.

A.

Compatibility. The development of the PUD must be compatible with the topography of the parcel, should account for any unusual topographic or natural features of the parcel, must be compatible with adjacent and surrounding property with regard to density, building size, and types of uses, and must not be incompatible with the city's master plan. The city council's determination of compatibility with neighboring properties and whether the proposed PUD is an appropriate use(s) for the particular parcel shall be presumptively correct. The city council may impose such reasonable conditions, terms and limitations which in its sole discretion are necessary and proper for preservation of the character of property in the vicinity and which would make the project compatible with surrounding properties or which are otherwise necessary or helpful for the protection and promotion of the public health, safety, morals and welfare of the city.

B.

Planning and zoning board consideration. In addition to such other matters which are considered by the planning and zoning board with respect to any other rezoning application, the board may consider the master development plan, the planning criteria, and any supplemental materials in making its decision to recommend approval or denial of an application for the rezoning of a parcel to PUD use. At such hearing before the planning and zoning board suggestions for revisions to the master development plan, planning criteria and supplemental materials may be made, and a written recommendation forwarded to the city council that the application for rezoning be granted based upon the condition that such revisions to the PUD be made.

C.

City council consideration. In addition to such other matters which are considered by the city council with respect to any other rezoning application, the city council may consider the master development plan, the planning criteria, the PUD application, and any supplemental materials in making its decision to approve or deny an application for the rezoning of a parcel to PUD. The city council may consider the appropriateness of the plan in relation to the physical characteristics of the parcel and to the physical characteristics and uses of properties adjacent to or near the subject parcel, and the city council may require such additions, deletions and changes to the PUD and such agreements and covenants with respect to the proposed development, as the city council deems appropriate. The city council may:

1.

Approve the PUD, which approval would be evidenced by the signature of the president of the city council;

2.

Disapprove PUD as submitted;

3.

Make suggestions for revisions to the PUD and, with the approval of the applicant, continue its consideration of the PUD to a future meeting of the city council; or

4.

Approve the PUD subject to the applicant making certain specified minor revisions to it, which revisions would be subject to the approval of the zoning officer or building official, and if such revisions are approved by the zoning officer or building official the approval of the plan would be final upon its being signed by the president of the city council.

An application for rezoning to a PUD may be denied by the city council based upon any one or more of the items of information included in the PUD application, the master development plan, the planning criteria, or any supplemental materials. If the PUD includes uses identified in any land use district as "uses permitted with special approval," the application must describe with specificity and sufficient details so that the city council may determine whether such uses and the development objectives, criteria, design features, specific terms, conditions and limitations related to those uses render the proposed uses compatible with the objectives of the PUD and the area in which the PUD is located.

21.7

Building permit.

A.

General. The developer of the PUD shall proceed with the development of the property in accordance with the plan and in accordance with subdivision approval, and no further approvals shall be required except as set forth herein. Plans for the construction of improvements on any particular parcel within the PUD, shall be submitted, and a building permit shall be approved or disapproved according to the procedure set forth herein and in compliance with applicable building codes.

B.

Issuance of building permits for principal permitted uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, the building official shall first determine that the intended use of the improvements is a "principal permitted use" within the applicable land use district of the PUD. A building permit may then be issued in accordance with the provisions of this zoning appendix and in compliance with applicable building codes.

C.

Issuance of building permits for uses permitted with special approval. Upon application for a building permit for the construction of improvements on any parcel within the PUD, the building official shall first determine that the intended use of the improvements is a use permitted with special approval within the applicable land use district of the PUD. The building official shall refer said applicant and application to the city council for additional consideration as to whether such use may be permitted, as well as any terms and conditions which will be attached thereto in the sole discretion of the city council.

21.8

Amendment of the plan.

A.

Intent. It is the intent of this section to provide for the development of the property submitted for the PUD, and to allow minor changes in the plan without any additional approvals. Accordingly, additional approvals shall be required for major changes as defined herein.

B.

Major change. A "major change" in the plan shall be defined as any change in the boundaries of any land use district reflected on the master development plan, and any change in the planning criteria submitted with the master development plan. No segment, tract, lot or parcel of land within the approved PUD shall be processed for a change of land use district to another PUD land use district or to conventional zoning districts unless the total PUD is submitted along with the rezoning request. The developer of the PUD may request a major change in the plan, by filing an application for amendment which shall be reviewed upon the same basis as the original application.

C.

Minor change. Any changes to the plan other than those included as "major changes" shall be considered "minor changes."

D.

Plat approval. Plat approval shall be obtained through the standard plat approval procedures of the city.

21.9

Time limit for development of plan. If no construction has begun within one year from the estimated and approved start up date of the PUD situated within or outside of the downtown area, as contained within the original approved PUD plan application, the planning and zoning board shall review the plan to assure that conditions in the area have not changed to an extent as to render previously submitted utility, drainage, traffic, and/or other studies as outdated. Outside of the downtown area, development shall commence each year on ten percent of the total PUD or on 50 acres (whichever is less), and said construction should continue and be completed within a reasonable timethe development schedule set forth within the PUD application. Development shall commence on a downtown district or a transitional district PUD within one year of approval, and all construction should continue and be completed within a reasonable time. If development is halted after commencement of construction approval of the plan, or if a change in ownership occurs after commencement of construction approval of the plan, said PUD approval shall remain in full force and effect, and no modification or amendment to the approved plan shall be permitted except as outlined in section 21.8 amendment of the plan.

21.10

Effect of changes to zoning ordinance. No amendment or modification of this zoning appendix shall be effective as to any PUD approval issued prior to such amendment or modification, it being intended that the PUD shall continue to be developed in accordance with the zoning appendix in effect at the time of such prior approval.

(Ord. No. 2023-004-PZ, 4-25-23)

22.1

Intent. The purpose of the "Q" Qualified [Zone] district is to provide for the regulation of commercial, manufacturing or residential uses of land and structures in order that uses and development of said land, buildings, and structures will be harmonious and compatible with and not have an undesirable or detrimental impact on surrounding development. The purpose of this section is also to protect the public welfare and the property value of surrounding property by securing an appropriate development that is in harmony with the objectives of the city planning and zoning board.

Provision is hereby made that in consideration of a change of zone, the subject property shall be limited in such manner that it may not be utilized for all the uses permitted in a particular zone classification and/or that development of said subject property shall conform to specific standards. In such cases, the ordinance changing the zoning classification of the property in question shall place it in a "Q" Qualified zoning classification. The "Q" Qualified district shall be indicated in the rezoning ordinance passed by the city council and on the official zoning map by the symbol "Q" immediately before the combination of symbols designation, e.g. "Q" C-2 in addition to the case number assigned to the individual rezoning case.

22.2

Uses permitted.

A.

The uses permitted in a "Q" Qualified district shall be limited to those set out in the rezoning ordinance passed by the city council.

B.

Billboard uses are excluded from "Q" consideration.

22.3

Standards that may be required in a "Q" Qualified district. In addition to permitted uses as set forth above, the "Q" Qualified rezoning ordinance passed by council may impose standards on the subject property with respect to use, landscaping, buffers, ingress and egress, development plans, drainage, and environmental plans as well as other considerations that may be necessary to make the proposed development compatible with surrounding development. All applicable limitations and/or standards within the "Q" Qualified district shall be considered to apply permanently to the specific uses permitted or additional requirements approved in said zone once the property is developed and/or occupied under the "Q". The approved "Q" requirements shall be recorded as use restrictions on the deed.

22.4

Amendments to "Q" Qualified district.

A.

In the event that more permitted uses than those set forth in the "Q" Qualified district rezoning ordinance passed by the city council are desired for the subject property, the planning and zoning board will, after proper notification, hold a public hearing on the matter to determine its validity, and make a recommendation to the city council, who shall then hold a public hearing and approve or deny the additional permitted uses.

B.

Applications for amendments pertaining only to standards which may be required as set forth above, need only be presented to and approved by the planning and zoning board.

(Ord. No. 2023-004-PZ, 4-25-23)

A.

The residential integrity of all residentially zoned property shall be maintained to protect property values and the residential enjoyment of property free from other uses.

B.

There shall be but one main dwelling on a single-family residential lot with only one power service to the dwelling. Accessory structures shall not be used as a second or temporary residence on the property, nor shall a motor home or recreational vehicle be used as a temporary or permanent residence in a Single-family district or Multi-family district.

C.

No business or home occupation shall be operated in a Single-family or Multi-family district without express application to and approval of the board of zoning adjustment. No business or home occupation shall be operated from an accessory structure and all home occupations shall comply with the requirements as set out in article VIII, section 5.0.

D.

All lawns and fences shall be regularly maintained.

E.

All residential lots shall comply with the city tree ordinance.

(Ord. No. 2023-004-PZ, 4-25-23)

24.1

Intent. To provide areas suitable for single-family residences on estate size lots, free from other uses which are incompatible with the character and intent of the district.

24.2

Uses permitted.

—Detached single-family residences.

—Customary accessory structures and buildings.

—Public utility service.

—Noncommercial greenhouse and garden.

24.3

Special exception uses. The following uses may be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Day care home.

—Family care home, subject to article VIII, section 11.0.

—Hobby farm, subject to article VII, section 13.0.

—Home day care/daycare home, subject to article VIII, section 4.1.

—Home occupation, subject to article VIII, section 6.0.

—Park.

—Public utility facility.

24.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0 for accessory structure requirements.

24.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum, a 12-foot buffer on all side and rear property lines. See article VII, section 7.0.

24.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

Supplemental regulations, article VII.

D.

Sign regulations, article XI.

E.

General regulations, article III.

(Ord. No. 2023-004-PZ, 4-25-23)

25.1

Intent. To provide areas suitable for medium density single-family residences, free from other uses which are incompatible with the character and intent of the district.

25.2

Uses permitted.

—Detached single-family residences.

—Customary accessory structures and buildings.

—Public utility service.

—Noncommercial greenhouse and garden.

25.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Day care home.

—Family care home, subject to article VIII, section 3.0.

—Hobby farm, subject to article VIII, section 14.0.

—Home day care/daycare home, subject to article VIII, section 4.1.

(Ord. No. 2001-036-PZ, § 1(4), 11-27-01)

—Home occupation, subject to article VIII, section 5.0.

—Park.

—Public utility facility.

25.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

25.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum, a 12-foot buffer on all side and rear property lines. See article VII, section 7.0.

25.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

Supplemental regulations, article VII.

D.

Sign regulations, article XI.

E.

General regulations, article III.

(Ord. No. 2023-004-PZ, 4-25-23)

26.1

Intent. To provide areas suitable for medium density single-family residences, free from other uses which are incompatible with the character and intent of the district.

26.2

Uses permitted.

—Detached single-family residences.

—Customary accessory structures and buildings.

—Public utility service.

—Noncommercial greenhouse and garden.

26.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Day care home.

—Family care home, subject to article VIII, section 3.0.

—Home day care/daycare home, subject to article VIII, section 4.1.

(Ord. No. 2001-036-PZ, § 1(5), 11-27-01)

—Home occupation, subject to article VIII, section 5.0.

—Park.

—Public utility facility.

26.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

26.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum, a 12-foot buffer on all side and rear property lines. See article VII, section 7.0.

26.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

Supplementary regulations, article VII.

D.

Sign regulations, article XI.

E.

General regulations, article III.

(Ord. No. 2023-004-PZ, 4-25-23)

27.1

Intent. To provide areas suitable for both detached single-family residences, along with duplexes, free from other uses which are incompatible with the character and intent of the district.

27.2

Uses permitted.

—Detached single-family residences.

—Duplexes.

—Customary accessory structures and buildings.

—Public utility service.

—Noncommercial greenhouse and garden.

27.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Day care home.

—Family care home, subject to article VIII, section 3.0.

—Home day care/daycare home, subject to article VIII, section 4.1.

(Ord. No. 2001-036-PZ, § 1(6), 11-27-01)

—Home occupation, subject to article VIII, section 5.0.

—Park.

—Public utility facility.

27.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

27.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum, a 12-foot buffer on all side and rear property lines. See article VII, section 7.0.

27.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

General regulations, article III.

D.

Sign regulations, article XI.

27.7

Restrictions on uses within the district. No lot utilized for duplex use within this district may be subdivided along the common wall line, nor the units separately conveyed, unless said property shall be rezoned as R-T (Residential Townhomes).

(Ord. No. 2007-028-PZ, § 1, 8-14-07; Ord. No. 2023-004-PZ, 4-25-23)

28.1

Intent. To provide low density, primarily rental housing multi-family residential areas in which open space and compatibility with other single-family neighborhoods types of Residential Districts are primary considerations, but while permitting selected nonresidential uses which are compatible with the character of this district.

28.2

Uses permitted. All R-5 uses are subject to the multiple-family dwelling regulations, subject to article VII, supplemental regulations, section 11.0.

—Apartments.

—Condominiums.

—Detached single-family and two-family dwellings on their own lots.

—Customary accessory structures and buildings, swimming pools, tennis courts.

—Customary minor commercial uses commonly associated with multi-family developments such as a rental office, coin laundry, vending machines, snack bar, etc, subject to business license requirements.

—Public utility service.

28.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Home occupation, excluding day care homes and family care homes, subject to article VIII, section 5.0.

—Park.

—Public utility facility.

—Domiciliary care facility.

—Assisted living facility.

28.4

Area and dimensional regulations.

A.

Interior living space. The minimum livable floor area required for each dwelling unit, exclusive of any area contained within a basement, attached garage or porch, shall be in accord with the following schedule:

B.

Minimum yard size.

C.

Maximum building height. When a building is within 300 feet of a single-family residential district boundary, said building shall not exceed three stories in height. When a building is more than 500 feet from a single-family residential district boundary, said building shall not exceed six stories in height.

D.

Lot coverage. No building together with its accessory building(s) shall cover more than 35 percent of the lot area. No less than ten percent of the lot area shall be green space. Green space shall not include buffers.,

E.

Maximum density shall be ten units per acre.

28.5

Buffer requirements. All R-5 uses shall provide as a minimum, a 12-foot buffer strip on all side and rear property lines.

28.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Boats, trailers, campers, recreational vehicles, and similar items are not allowed to be parked in the areas approved to meet the minimum off-street parking requirements forward of the front setback line. A screened storage area shall be maintained for parking boats, trailers, campers, recreational vehicles, and similar items to contain a minimum of one space per 20 units. All parking areas visible from public roads shall be screened and buffered from view by use of landscape berms, plantings, or other such screening methods as much as possible or practical.

C.

A playground or park area shall be provided and maintained in a safe condition.

D.

A designated car wash area shall be established.

E.

A storage area for each unit shall be provided of not less than four feet by four feet.

F.

Special use regulations (apartments and multiple housing development) article VII, section 11.0.

G.

Supplemental, article VIII.

H.

Sign regulations, article XI.

I.

Prior to filing an application to rezone to R-5, the applicant shall submit its site plan to the city design review committee.

(Ord. No. 2023-004-PZ, 4-25-23)

29.1

Intent. To provide areas suitable for medium density single-family residences, free from other uses which are incompatible with the character and intent of the district.

29.2

Uses permitted.

—Single-family dwellings.

—Manufactured homes.

—Customary accessory structures and buildings.

—Public utility service.

29.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Home day care/daycare home, subject to article VIII, section 4.1.

(Ord. No. 2001-036-PZ, § 1(7), 11-27-01)

—Home occupations, subject to article VIII, section 5.

—Public utility facility.

29.4

Area and dimensional regulations.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

29.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum, a 12-foot buffer on all side and rear property lines. See article VII, section 7.0.

29.6

Additional regulations (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

Supplemental regulations, article VII.

D.

Sign regulations, article XI.

E.

General regulations, article III.

(Ord. No. 2023-004-PZ, 4-25-23)

30.1

Intent. The Cahaba Project is a historically significant area of the city in which certain protections are desired. This mixed-use development which consists of single-family homes, duplexes, and triplexes, as well as parks, schools, and public buildings was established in the late 1930s. The Cahaba Project district is established to address the mixed land uses within the survey of Cahaba, as recorded in Map Book 29, Pages 30, 31, and 32 and to maintain the historical integrity of the district. This shall not be construed however to allow uses to be rearranged within the Cahaba Project district differently than recorded on the original survey.

30.2

Uses permitted.

—Detached single-family residences.

—Duplexes (North Mall, South Mall, and West Mall only).

—Multiplexes (corner of North Mall and Parkway Drive and corner of South Mall and Parkway Drive only).

—Park/public buildings (those uses allowed under the federal land grant documents).

—Customary accessory structures and buildings.

—Public utility service.

30.3

Special exception uses. The following uses may be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits being issued:

—Day care home.

—Family care home, subject to article VIII, section 3.0.

—Home day care/daycare home, subject to article VIII, section 4.1.

(Ord. No. 2001-036-PZ, § 1(8), 11-27-01)

—Home occupation, subject to article VIII, section 5.0.

—Public utility facility.

30.4

Dimensional requirements.

Accessory structures. See article VII, section 6.0, for accessory structure requirements.

30.5

Buffer requirements. All special exception uses except day care homes, family care homes and home occupations shall provide as a minimum a 12-foot buffer on all side and rear property lines.

30.6

Cahaba Project district requirements. Additional restrictions shall be placed on the district to protect this historical area from architectural changes, structural changes, and any other alteration which modifies the historical integrity of the district or not otherwise provided for in the original Cahaba Project survey or any federal land grant documents.

A.

Plans shall be reviewed by the Cahaba Project advisory committee and a written recommendation submitted to the engineering and inspections department reflecting their findings.

B.

The engineering and inspections department shall review and approve exterior improvements and additional plans for conformity with the intent of the district. Items to be reviewed shall include, but not be limited to the following:

—Roof pitch and roofing materials.

—Double sash windows.

—Exterior finish and trim.

—Accessory structures in compliance with article VII, section 6.

C.

No lots in this district shall be further subdivided into new building lots. However, a resurvey may be approved subject to all required set backs of the district and approval by the planning and zoning board.

D.

Any residence removed, even if it sustains substantial damage requiring replacement, shall be replaced with a structure that is architecturally compatible with the intent of the district.

30.7

Additional requirements (when applicable).

A.

Off-street parking and loading requirements, article IX.

B.

Special use regulations, article VIII.

C.

Supplemental regulations, article VII.

D.

Sign regulations, article XI.

E.

General regulations, article III.

(Ord. No. 2023-004-PZ, 4-25-23)

31.1

Intent. To provide areas suitable for the exclusive development of residential garden homes, free from other uses which are incompatible with the character and intent of this district. A desirable objective within this district is the clustering of homes to achieve maximum open space.

31.2

Uses permitted.

—Detached single-family garden home residences.

—Customary accessory buildings and structures.

—Public utility service.

—Recreational facilities designed and intended to serve only the residents of the development.

31.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Public utility facility.

—Home occupation, subject to article VII, section 6.0., excluding day care homes and family care homes.

31.4

Area and dimensional regulations.

Accessory structures. No accessory storage buildings shall exceed ten percent of the heated living area on the main floor of the home, up to a maximum of 200 square feet. See article VII, section 6.0, for accessory structure requirements. Setbacks: Rear ten feet; side eight feet. Corner lots: Same as dwelling.

31.5

Buffer requirements. A minimum 12-foot buffer strip shall be required on all side and rear property. Maintenance of the buffer strip shall be provided for by written covenant, the adequacy of which shall be determined and approved by the planning commission.

31.6

Additional regulations.

A.

Zero lot line units shall not take access from an arterial or collector street.

B.

All utilities shall be under existing public street rights-of-way or easements.

C.

There shall be a minimum of two parking spaces per garden home. Garden home parking spaces shall not be allowed along streets. Driveways shall be designed to allow a full vehicle length prior to garage entry.

D.

No fence shall be permitted forward of the front corner of the house and fences shall not exceed six and one-half feet in height.

E.

No fences or walls other than those provided as part of a required buffer shall be located within 15 feet of the perimeter of the development site.

F.

Because of the zero lot line allowance, easements or comparable access rights shall be included in the deed or in restrictive covenants so as to permit maintenance on each home. For each unit constructed along a zero side lot line, an easement of five feet in width shall be created on the adjoining property extending to the rear corner of the dwelling. The purpose of this easement is to permit maintenance and repair of the portion of the structure bordering the zero side yard. All maintenance easements shall be shown on the final plat, along with an indication of the lot to which each easement is assigned. No fence, patio, deck, or structure of any kind shall be placed within a maintenance easement.

G.

The developer shall provide the city planning commission with a copy of any subdivision restrictive covenants and, in addition thereto, any articles, agreements, or provisions relating to:

(a)

Governing body of property owners, if any.

(b)

Power conferred to governing body, if applicable.

(c)

Any other covenants required by the planning and zoning board.

H.

Supplementary regulations (apartments and multiple housing development) article VIII, section 11.0.

I.

General regulations, article III.

J.

Special exception uses, article VIII.

K.

Sign regulations, article XI.

L.

Off-street parking and loading requirements, article IX.

(Ord. No. 2023-004-PZ, 4-25-23)

32.1

Intent. The townhouse residential district is intended to provide areas suitable for higher densities of development in transition areas between single-family residential zones and commercial, industrial, institutional or other more intensive zoning districts. The R-T zone may further be permitted where public infrastructure will support increased density and where an increase in traffic, noise or impact of said increased densities will not have an adverse impact on adjoining properties or other properties in the vicinity of said district. Each townhouse unit may share a common wall with another such unit on one or both sides, have individual entrances, and shall be placed on its own lot.

32.2

Uses permitted.

—Townhouse dwellings

—Public utility service

—Recreational facilities designed and intended to serve only the residents of the development

32.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Public utility service,

—Home occupations, excluding day care homes or family care homes, subject to article VIII, section 5.0.

32.4

Area and dimensional regulations.

32.5

Buffer requirements. A minimum 12-foot strip shall be required on all side and rear property lines which abut a zoning district other than the R-T district. The buffer strip shall be in addition to minimum yard requirements. Maintenance of the buffer strip area shall be provided for by written covenant, the adequacy of which shall be determined and approved by the planning and zoning board. Subject to the provisions of article VII, section 7.0.

32.6

Additional regulations.

A.

A maximum of 60 units per development area may be constructed in any R-T district. Each townhome district must contain at least 32 units; provided, however, that any townhome district located within the area described as the downtown business district in article VI, section 5.7 of this ordinance must contain at least 12 units.

B.

Zero lot-line units shall not take access from an arterial or collector road.

C.

All utilities shall be under existing public rights-of-way or easements.

D.

Units must have multiple stories and, in no case, shall one unit be above another. Any unit that has multiple stories shall be constructed so as to permit the installation of an elevator to access upper floors.

E.

No townhouse structure located in an R-T townhouse district shall be located closer to the nearest exterior right-of-way than 35 feet. No townhouse structure shall be located closer to the nearest interior dedicated street right-of-way than 25 feet and no townhouse structure shall be located closer to the nearest dedicated alley right-of-way than 20 feet.

F.

No free-standing accessory buildings/structures are allowed in the R-T Townhouse district.

G.

A storage facility or storage area within the garage shall be required for each townhouse consisting of not less than 48 square feet of floor area.

H.

Sidewalks shall be installed along the street frontage in all front yards. Sidewalks shall also be provided between all designated areas where visitor parking is permitted and the sidewalks located along the street frontage. Sidewalks must meet all standards for public sidewalks which have been erected by the city.

I.

Street lights must be provided along all street frontages where sidewalks are required. Street lights shall be uniform throughout the development and shall be decorative in nature.

J.

Building facades shall consist of primary, secondary and trim materials, exclusive of windows and doors. The primary material may be brick, stone, hard coat stucco, or other masonry material, but shall not be split face or other block material or concrete masonry units (CMU). Facades may have a secondary material consisting of any primary material, horizontal wood or simulated clapboard, wood or simulated shingles, premium vinyl siding of 0.046 mm thickness or greater when installed over wood sheathing or premium insulated vinyl siding. Trim or accent materials include any primary or secondary material, wood trim, copper, or precast stone or wood moldings. Aluminum shall not be permitted as a primary or secondary material, but may be utilized for soffits, ceilings, window trim, doors or other minor components of said structure.

K.

Each attached unit in a series of units shall have distinctive and separate facades which may be differentiated by the use of piers, pilasters, columns, slight offsets in the facade, differential secondary or trim materials or other architectural techniques that signify a different unit or structural building element.

L.

There shall be a minimum of two paved parking spaces per unit, located in the rear of the units, and no driveway or parking shall be permitted in the front of the units whatsoever. All units shall include a fully enclosed two-car garage to be utilized for parking, which shall be accessed from the rear along alleys or access streets. Driveways shall be designed to allow a full vehicle length prior to garage entry. One additional parking space per unit for every two units shall be provided for visitors in the front of the unit, and said spaces shall be located in designated areas. In no instance shall such designated areas be located in front of any unit. Parking for boats, trailers, campers, recreational vehicles and similar items will only be permitted to be parked in the designated area required herein.

M.

Boats, trailers, campers, recreational vehicles, and similar items are not allowed to be parked in the areas approved to meet the minimum parking requirements. A screened storage area shall be maintained for parking boats, trailers, campers, recreational vehicles, and similar items to contain a minimum of one space per 20 units for all areas zoned R-T and not located within areas included in the downtown business district. In areas within the "downtown business district", as defined in article VI, section 5.7 (A) of this ordinance, no such area will be permitted, and boats, trailers, campers, recreational vehicles and similar items shall not be parked on-site or otherwise within the district. All parking areas visible from public roads shall be screened and buffered from view by use of landscape berms, plantings, or other such screening methods as much as possible or practical.

N.

No individual fences shall be permitted forward of the front building line of a townhouse, nor within 20 feet of a rear alley.

O.

No fences or walls other than those provided as part of a required buffer shall be located within 15 feet of the perimeter of the development site.

P.

Because of the zero lot line allowance, easements or comparable access rights shall be included in the deed so as to permit maintenance on each home.

Q.

The developer shall provide the city planning and zoning board with a copy of any restrictive covenants for its approval prior to issuance of a building permit for construction activities in the R-T district. Said restrictive covenants shall include, at a minimum, mandatory fees for maintenance of common areas, landscaping and exterior of units by the homeowners' association, provisions ensuring the financial stability of the association, and other provisions designed to ensure the continuation and viability of the association. The covenants shall be provided to any and all purchasers of any unit and shall be referenced in all sales contracts, with each buyer acknowledging and agreeing by signature to the mandatory fee and all other provisions of the covenants, which shall be binding upon and run with the land. The city shall also be provided a copy of any articles, agreements, or provisions relating to:

(a)

Governing body of property owners, if any.

(b)

Power conferred to governing body, if applicable.

(c)

Any other covenants required by the planning and zoning board.

R.

Garden homes constructed in a townhome zoning district prior to January 1, 2000 as permitted by the prior ordinance, will not be deemed nonconforming uses. Townhomes constructed in a townhome zoning district prior to the effective date of this amendment, will not be deemed nonconforming uses.

S.

Supplemental regulations (apartments and multiple housing development) article VIII, section 11.0.

T.

General regulations, article III.

U.

Special use regulations, article VIII.

V.

Sign regulations, article XI. In addition, all street and directional signs shall be ornamental or decorative in nature.

W.

Off-street parking and loading requirements, article IX.

X.

Prior to filing an application to re-zone to R-T, the applicant shall submit its site plan to the city design review committee.

(Ord. No. 2008-009-PZ, § 1, 5-13-08; Ord. No. 2023-004-PZ, 4-25-23)

33.1

Intent. To provide area for mobile home park development free from other uses which are incompatible with the character of this district.

33.2

Uses permitted.

—Mobile home.

—Management office.

—Manager's residence.

—Service facilities such as laundromats, household storage buildings, outdoor storage yards, refuse disposal areas, and similar common service facilities designed and intended to serve only the residents of the park.

—Recreational facilities designed and intended to serve only the residents of the park.

—Retail convenience sales for residents of the park; and residential accessory uses and structures.

33.3

Special exception uses. The following uses shall be permitted subject to a special exception use permit being granted by the board of zoning adjustment and further subject to appropriate permits and/or licenses being issued:

—Home occupation, subject to established park policy.

—Public utility service.

33.4

Site standards.

A.

The minimum area for any mobile home park is five acres.

B.

The maximum density is ten mobile home sites per acre.

C.

Access points shall be controlled through the review of plans submitted to the planning commission on each mobile home park. Mobile home units within the park shall not take access from an arterial or collector road.

D.

All mobile home sites shall abut a paved roadway.

E.

The entire area shall be served with water and sanitary facilities.

F.

All utilities shall be under existing public rights-of-way or easements.

G.

No accessory building or structure shall be erected or maintained in the required buffer strip.

H.

A playground area shall be provided and maintained in a safe condition.

I.

Resident shelter for use in inclement weather shall be provided.

33.5

Mobile home lot standards.

A.

The minimum mobile home lot space shall be at least 3,600 square feet.

B.

The minimum front, side and rear yard setback shall be:

Front—15 feet.

Rear—Ten feet.

Side—Ten feet.

C.

Each mobile home lot space shall be provided with two off-street parking spaces of sufficient depth to allow a full vehicle length with no obstruction of the roadway.

D.

All mobile home lots are to be leased or rented only.

33.6

Procedure for the plat approval. Layout plans of proposed mobile home parks will be prepared by a registered professional engineer and submitted to the city planning commission for review and approval prior to construction. The plan shall include:

A.

A description of the site location.

B.

Number, location, and dimensions of all mobile home lots.

C.

The locations and width of roadways, automobile parking spaces and walkways.

D.

Location and dimensions of any recreational areas that may be provided.

E.

Location of a resident shelter during inclement weather conditions.

F.

Certification that the park is within range of an early warning siren notification during periods of inclement weather conditions.

G.

Certification that tiedowns for mobile homes will be required.

33.7

Buffer requirements. The mobile home park site shall be designed and developed to be completely surrounded by a buffer strip having a width of 35 feet.

33.8

Additional regulations (when applicable).

A.

Boats, trailers, campers, recreational vehicles, and similar items are not allowed to be parked in the areas approved to meet the minimum off-street parking requirements forward of the front setback line. A screened storage area shall be maintained for parking boats, trailers, campers, recreational vehicles, and similar items to contain a minimum of one space per 20 units. All parking areas visible from public roads shall be screened and buffered from view by use of landscape berms, plantings, or other such screening methods as much as possible or practical.

B.

If individual storage buildings are not allowed on mobile home lots, a common storage area of not less than four feet by four feet shall be provided for each mobile home space.

C.

General regulations, article III.

D.

Supplemental regulations, article VII.

E.

Sign regulations, article XI.

F.

Off-street parking and loading requirements, article IX.

(Ord. No. 2023-004-PZ, 4-25-23)

34.1

Intent. To provide for suitable areas for a cemetery for humans, together with buildings and uses incidental thereto.

34.2

Uses permitted.

—Cemetery for human interment.

—Mausoleums.

—Funeral home.

—Cemetery office.

—Customary funeral support business.

—Cemetery monuments.

—Customary accessory storage structures/maintenance buildings.

34.3

Area and dimensional requirements.

A.

Site shall consist of not less than 40 acres for any cemetery established after the effective date of this ordinance.

B.

No interments shall be made closer than 35 feet to any adjoining property lines.

C.

Buildings, structures, and material storage areas shall be set back from adjoining property lines a distance of 50 feet.

D.

Entrance features and perimeter fencing may be erected along the perimeter of the property; however, any features or fences along, adjacent to, or within 35 feet of a public road must be decorative metal fencing, brick, or rock walls, or a combination thereof.

E.

No interments shall be made within 150 feet of any well used for drinking water.

F.

No interments shall be made until interior roads have been completed and paved, basic landscaping has been completed, and all drainage problems have been eliminated for any cemetery established after the effective date of this ordinance.

G.

No approval for cemetery use will be issued until final approval has been obtained from the county health department.

H.

Identification signs must comply with article XI.

(Ord. No. 2010-024-PZ, § 1, 9-14-10; Ord. No. 2023-004-PZ, 4-25-23)

35.1

Intent. To provide for suitable areas for a pet cemetery, together with buildings and uses incidental thereto.

35.2

Uses permitted.

—Cemetery for pet interment.

—Cemetery office.

—Customary funeral support business.

—Cemetery monuments.

—Customary accessory storage structures/maintenance buildings.

35.3

Area and dimensional regulations.

A.

Site shall consist of not less than 40 acres for any cemetery established after the effective date of this ordinance.

B.

No interments shall be made closer than 35 feet to any adjoining property lines.

C.

Buildings, structures, and material storage areas shall be set back from adjoining property lines a distance of 50 feet.

D.

Entrance features and perimeter fencing may be erected along the perimeter of the property; however, any features or fences along, adjacent to, or within 35 feet of a public road must be decorative metal fencing, brick, or rock walls, or a combination thereof.

E.

No interments shall be made within 150 feet of any well used for drinking water.

F.

No interments shall be made until interior roads have been completed and paved, basic landscaping has been completed, and all drainage problems have been eliminated for any cemetery established after the effective date of this ordinance.

G.

No approval for cemetery use will be issued until final approval has been obtained from the county health department.

H.

Identification signs must comply with article XI.

(Ord. No. 2010-024-PZ, § 2, 9-14-10; Ord. No. 2023-004-PZ, 4-25-23)