The following shall not be allowed except in conformance with the provisions of this article:

—Gasoline service station.

—Group homes.

—Hobby farm.

—Home day care/day care home.

—Home occupation.

—Industrial park.

—Manufactured (mobile) homes.

—Mini-warehouse.

—Modular (mobile) offices.

—Motor vehicle sales lots.

—Multiple housing developments and apartments.

—Pre-engineered metal buildings.

—Shopping center.

(Ord. No. 2001-036-PZ, § 1(10), 11-27-01; Ord. No. 2023-004-PZ, 4-25-23)

2.1

Location. No gasoline service station or building, or structure, or part thereof which is integral to a gasoline service station shall be erected in any zone other than C-1, C-2, C-3 and C-4.

2.2

Requirements.

A.

Gasoline service stations shall observe all regulations for such structures and their uses as required by the laws of the state and any applicable ordinance of the city.

B.

All permanent storage of material, merchandise, and equipment shall be within the principal building or within permanent stationary containers, located within the setback lines, with the exception of refuse, trash, and temporary storage which shall be located in an area enclosed by an opaque fence at least six and one-half feet in height.

C.

All lighting shall be arranged to prevent direct light or glare into public streets or surrounding properties.

D.

Drains located on the premises without approved separators in the trap shall be prohibited.

E.

All permitted minor repair work to vehicle shall be performed within the principal building located on the premises of the gasoline service station.

F.

No gasoline service station shall be located within 300 feet from a public assembly center as measured from the principal entrance of the facility.

G.

An eight-foot buffer shall be located on all property lines not abutting a public street.

H.

The following are prohibited uses in gasoline service stations located in any zone other than industrial zones:

1.

Major engine repair.

2.

Body work, and spray painting.

3.

Any uses conducted inside the building which is offensive or dangerous or which constitutes a nuisance to the occupants of adjacent properties, by reason of the emission of smoke, fumes, dust, odor, vibration, noise, or unsightliness.

4.

Storage of vehicles on premises for purposes other than periodic maintenance or repair.

I.

Gasoline service station signs shall be of a nonflicker and nonflashing type.

J.

Off-street parking facilities shall conform to requirements specified in article IX.

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

A.

The use shall be conducted within a single-family residence.

B.

The building shall maintain the exterior appearance of a single-family residence, with no separate outside entrances to individual bedrooms.

C.

The family care home must be sponsored by a public or nonprofit organization. State licensing requirements shall be met a well as all applicable county licensing requirements where they exist.

D.

The group home/family care home must have full-time, 24-hour, on-site supervision.

E.

No family care home shall be located within 1,000 feet of another family care home as measured between lot lines.

F.

Parking for these facilities shall be restricted to the side and rear yard.

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

A.

Unless otherwise provided by this appendix, the keeping of farm animals and fowl (livestock and fowl) shall be limited to the following types:

—Horses and similar animals, such as ponies and donkeys.

—Poultry.

—Livestock, such as cows, sheep and goats.

B.

The keeping of swine shall be prohibited.

C.

The use shall be subject to the following setback and area requirements:

—A minimum of three acres shall be required.

—At least one acre of lot area shall be required for each livestock animal, horse, and similar animal, and a maximum of 20 poultry per acre shall be permitted.

—Farm animals shall be housed not less than 200 feet from any adjacent lot.

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

D.

Except for kennels, as defined by this appendix, the keeping of animals for personal enjoyment and in compliance with the city animal control ordinance, shall not be deemed a hobby farm, and shall be permitted as an accessory use in any district.

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

Home day care/day care homes are permitted as special exception uses in various districts subject to stipulations in each district and to the following conditions:

A.

The day care home shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling.

B.

The day care home shall provide day care for six or less children, elderly, handicapped, or infirm persons, and must meet all applicable state and county licensing requirements.

C.

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment or help other than those members of the residential family.

D.

The day care home shall not be conducted in any accessory building located on the same lot as the principal dwelling.

E.

The day care home activity shall be limited to the hours between 6:00 a.m. and 10:00 p.m.

F.

No day care home shall be located within 1,000 feet of another family care home as measured between lot lines.

(Ord. No. 2001-036-PZ, § 1(11), 11-27-01; Ord. No. 2023-004-PZ, 4-25-23)

5.1

Location. Home occupations are permitted as special exception uses in various districts subject to stipulations in each district and to the following conditions:

5.2

Requirements.

A.

The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely affect the use permitted in the district of which it is a part. Such use shall not adversely affect the general welfare of the surrounding residential area due to potential noise, electrical interference, increased pedestrian and vehicular traffic or any other conditions which would constitute an objectionable use of residentially zoned property.

B.

Customary home occupations shall be limited to an office or a business of a personal service nature.

C.

The home occupation shall be confined to 25 percent of the principal building, and shall not be conducted in any accessory building located on the same lot as the principal dwelling. No outside storage shall be used in connection with a home occupation.

D.

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment of help other than those members of the residential family.

E.

No display of products shall be visible from the street, and only articles made on the premises may be sold; except that nondurable articles (consumable products) that are incidental to a service shall be the principal use in the home occupation, and may be sold on the premises.

F.

Instruction of music, art, dancing and similar subjects shall be limited to two students at a time.

G.

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

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

6.1

Scope. An industrial park shall, for the purpose of this article, include all land 25 acres or more in size, subdivided and platted into two or more parcels, and used or intended to be used for predominantly industrial or commercial purposes of an industrial character.

6.2

Requirements.

A.

Where permitted, industrial parks shall comply with the following requirements:

1.

Access to an industrial park shall be by way of a major thoroughfare.

2.

All streets or roadways within an industrial park shall have a minimum right-of-way width of 70 feet, a maximum gradient of five percent and shall conform to the city's standards for commercial streets or as otherwise approved by the planning and zoning board.

3.

Off-street parking and loading shall be provided in accordance with article IX.

4.

Outdoor storage in an industrial park shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened by either landscaping, fences, or walls, and are located behind the front line of the building, but in no instance forward of the front building setback line.

5.

A buffer area not less than 50 feet in width shall be provided along property lines of an industrial park which abuts any residential zone.

6.

The vehicular approach to an industrial park site from a public street of highway shall be so designed that uncontrolled left hand turns from the street or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the city engineer and street department superintendent.

7.

Sight distances at all points of ingress and egress to public streets or highways shall not be less than 1,000 feet, except where a traffic signal light is installed at the entrance to or exit from the industrial park site unless determined by a study conducted by the city engineer or other persons qualified in this field.

8.

Where points of ingress and egress to industrial park from public streets or highways having speed limits in excess of 30 miles per hour are located, there shall be provided on the public thoroughfare acceleration and deacceleration lanes, the length of which shall be determined by the following:

B.

A report of subsurface soil conditions shall be provided to the building inspector of the city by a licensed professional engineer as evidence of suitable bearing for foundations in the construction of industrial structures of a nature intended to be used within the proposed industrial park.

C.

A preliminary plan or engineering feasibility report shall be submitted to the building inspector, which provides for the site grading, storm drainage, sanitary sewerage, and water supply, prepared by an Alabama professional registered engineer.

D.

A copy of any deed restrictions or covenants shall be provided to the planning and zoning board.

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

Manufactured (mobile) homes are prohibited in all zoning districts of the city except in the MP district and R-6 district provided, however, that manufactured (mobile) homes shall be allowed in the A-1 Agriculture district upon compliance with the following requirements:

A.

Distance from nearest residential structure. The manufactured (mobile) home as located on the proposed site shall be at least 75 feet from the nearest residential structure (excluding another mobile home) located on the property.

B.

Sanitary waste disposal. Sanitary waste disposal shall be approved by the appropriate sanitation authority.

C.

Site requirements.

1.

Minimum lot width at front setback line. 100 feet.

2.

Minimum lot area. One acre.

D.

Yard requirements.

1.

Front. 35 feet. On an undedicated road the front setback shall be 60 feet from centerline.

2.

Side. 15 feet.

3.

Rear. 35 feet.

E.

Parcel or parcels and adjacent property under same ownership will allow the following:

1.

One mobile home—One-acre minimum area.

2.

Two mobile homes—1.5-acre minimum area.

3.

Three mobile homes—Two acres minimum area.

4.

Four or more mobile homes—Must be rezoned M.

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

7.5-1

Definition. A massage therapy establishment is any site, premises or business where massage therapy is practiced by a licensed professional massage therapist, regardless of whether or not the provision of massage therapy services is the primary function of the establishment.

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 state board of massage therapy as well as a current business license issued by the city in plain view.

B.

A massage therapy establishment shall only employ licensed professional massage therapists who hold a current license from the state board of massage therapy and a business license from the city. Said licenses shall be displayed in plain view in the establishment.

C.

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.

D.

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.

E.

Each massage therapy establishment shall maintain a register of all appointments and services provided. Said register must include, at a minimum, the name of the client receiving services, the time of said appointment, the specific services provided, and the name of the licensed professional massage therapist providing the service. Said register must be updated daily and shall be available for inspection by state, county or city officials at any time.

F.

Any massage therapist applying or administering massage shall be fully clothed from the shoulders to the knees by a robe, smock, or other opaque clothing so that the customer shall not have bodily contact with the person applying or administering the massage except for the hands and arms of said person applying or administering the massage. The massage therapist applying or administering the massage shall cleanse his or her hands and arms thoroughly by washing same with soap and hot water before applying or administering massages to any person.

G.

Any and all towels, wash cloths and other linens that may come in contact with the body or any part thereof of the customer shall be thoroughly sanitized and laundered after each individual use. Any other equipment or materials which may come in contact with the body or any part thereof of the customer, such as but not limited to tables, floors or equipment, shall be thoroughly cleaned and sanitized after each individual use.

H.

Massage therapy establishments shall maintain all equipment in a safe and sanitary condition.

I.

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.

J.

All massage therapy establishments shall have current liability insurance coverage for bodily injury and property damage for the establishment and shall furnish proof thereof upon request by the city.

K.

Massage therapy establishments shall have in place proper procedures for extermination of vermin, insects, termites and rodents.

L.

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.

M.

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.

N.

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.

(Ord. No. 2004-079, 9-28-04; Ord. No. 2004-086-PZ, 11-9-04; Ord. No. 2023-004-PZ, 4-25-23)

Where permitted mini-warehouses shall comply with the following requirements:

A.

No outdoor storage shall be permitted on the site with the exception of RVs, trailers, boats, etc. which shall be screened from view of adjacent property owners or the public.

B.

No storage of volatile or explosive materials shall be permitted, either inside the structure or structures, or on the premises.

C.

The facility or site shall not be used for wholesale or retail sales operations.

D.

A minimum lot size of three acres shall be required for a mini-warehouse development, and such facility shall not exceed one story in height.

E.

There shall be a maximum of 15,000 square feet of mini-warehouse floor area per acre.

F.

Unless otherwise specified in the zoning classification, a minimum 12-foot buffer shall be required along all property lines where a mini-warehouse development abuts any residential zone district in the city except in unique circumstances which are discussed in the buffer section of this article where the requirement may be waived or altered.

G.

The facility must be entirely enclosed by a six-foot-high fence, except at points of ingress and egress. Gates shall be provided at such locations and secured with locks.

H.

A site development plan is required, which shall include:

1.

A preliminary plan or engineering feasibility report which addresses site grading, water runoff and storm drainage, and the availability of required utilities, as well as identification of areas to be buffered, prepared by a registered professional engineer.

2.

A traffic analysis indicating the estimated traffic flows to and from the development and sight distance from ingress and egress points must be submitted to and approved by the engineering and inspections department.

I.

One apartment for a resident manager will be allowed.

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

Modular (mobile) offices are prohibited in all zoning districts of the city except upon compliance with the following requirements:

A.

Modular (mobile) offices may be used on a construction site as a construction office, as individually approved by the building official. Said modular (mobile) office may not be placed on the site prior to issuance of a building permit and must be removed upon completion of the job.

B.

Modular (mobile) offices may be used as a temporary office, only after property for a permanent site has been purchased and while the permanent building is being designed and/or constructed, subject to individual approval by the board of zoning adjustment, and must be removed from the premises within 30 days of the date the permanent facility is occupied. Approval shall not be granted for a period in excess of one year, but may be renewed annually, not to exceed three years.

C.

Modular (mobile) offices may be used as real estate sale offices, subject to individual approval by the board of zoning adjustment. Approval shall not be granted for a period in excess of one year, but may be renewed annually, not to exceed three years.

D.

Modular (mobile) offices shall not be approved for permanent use.

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

10.1

Location. The term motor vehicle as used in this appendix is defined as every vehicle which is self-propelled, but not operated upon rails. No motor vehicle sales lot shall be located in any zone other than C-2, C-3, or C-4.

10.2

Requirements.

A.

Sales office. A sales office shall be provided and shall meet all requirements of the Southern Building Code as adopted by the city.

B.

Repair shops. If the facility provides a shop for mechanical repairs to vehicles, it must be separately licensed to do so, and all applicable requirements must be separately met.

C.

Setback. An off-street setback from public thoroughfares shall be maintained for the safety of prospective buyers viewing displayed vehicles. The setback shall be a minimum of ten feet from the pavement or, on corner lots, ten feet from the pavement on the side with the greatest frontage.

Notwithstanding the above, no vehicles may be displayed on the public right-of-way.

D.

Surface pavement. All surface area with automobile traffic and/or vehicle display shall be properly prepared using finely crushed stone, pea gravel, bituminous or concrete paving. In no event shall vehicles be parked on grass or unprepared surfaces.

E.

Customer parking. Required parking spaces for customers shall be designated separately from those areas used to display automobiles for sale.

F.

Turnaround. An adequate turnaround area shall be provided to discourage vehicles backing out into traffic from the sales lot.

G.

Screening. No disabled or damaged vehicles shall be permitted to remain in an exterior location for more than 24 hours unless screened from public view.

H.

Existing businesses requesting auto sales licenses. Other types of existing businesses requesting auto sales licenses shall not be permitted to utilize existing designated required parking spaces for that class of business for an automobile display area. Any existing business requesting license or zoning for an auto sales lot shall meet all of the criteria described herein.

I.

Cancellation of license. Any change in business ownership or discontinuance in the use of the property for the purpose of an automobile sales lot shall cancel the automobile sales lot business license. To become licensed as an automobile sales lot again, all of the necessary requirements and physical improvements described herein must be met. A site plan and landscape plan shall be submitted to ensure compliance.

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

11.1

Location. No building or structure or part thereof which is integral to an attached or multi-family residential development shall be erected, or land developed or used for an attached or multi-family residential development, in any zone except PUD, R-4, R-5, R-CP, RT and DT-O. Any such development shall be in accordance with the standards hereafter specified, except where otherwise expressly provided for in the regulations of the applicable district.

11.2

Requirements.

A.

More than one multiple dwelling building 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 R-5 or RT district, and the open space between protruding portions of buildings measured at the closet 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. An area shall be designated as a fire lane at the building separation in R-5 and RT to allow firefighting access to the structures.

B.

A site development plan shall be presented to include, but not be limited to the following:

1.

A rendering of the proposed buildings.

2.

Location of all property lines, easements, utilities, drainage, and lighting.

3.

Location of all proposed buildings and accessory structures to include setbacks, and building separation.

4.

Location of screened refuse areas and screened storage and/or parking areas.

5.

Location of fire hydrants.

6.

Location of fire lanes.

7.

Location of all buffers and landscaping.

8.

A parking area or areas layout showing parking spaces, islands, and landscaping.

9.

Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking areas, and no undue interference with through traffic in gaining ingress to and egress from said proposed site.

10.

Location of convenient and safely located pedestrian walkways.

C.

Entrance and exit areas adjoining public highways or thoroughfares serving apartments or multiple housing developments shall be properly illuminated to reduce traffic hazards.

D.

Fixed outside illumination shall be arranged as not to glare into surrounding areas or public streets.

E.

Maximum gradient for all vehicular driveways or roadways shall be ten percent.

F.

Utilities for multistory development in multi-family zoning districts shall be underground so that fire protection is not impeded by overhead wires in close proximity to the structures.

G.

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.

H.

A surety bond may be required by the planning and zoning board to ensure that the installation of all utilities (including water lines, sanitary sewer lines, storm sewers, electrical service lines, gas lines, streets, gutters and sidewalks) for the multiple housing units or apartments shall be in accordance with the approval plans and proposals. The amount set by the surety shall be not less than the estimated cost of construction for the proposed improvements set out above.

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

No pre-engineered, all-metal building shall be erected in any zone, except an Industrial district subject to the following requirements:

A.

All primary structures are to be covered (no exposed structures).

B.

All exterior walls are to be painted. No galvanized materials will be permitted.

C.

Sufficient parking retainers shall be used where a parking area is at the building wall.

D.

Steel pipe or concrete guards are to be used at all overhead doors.

E.

All overhead door frames shall be painted with a finished coat of paint. No primed frames will be permitted.

F.

All buildings shall have factory standard steel building gutters and gable trim. No house gutters or economy trim shall be permitted.

G.

Sixty percent of the wall area on the front or the entrance wall is to be of acceptable material other than steel panels, such as glass, masonry, cedar, or porcelain panels, etc.

H.

The front or entrance shall have either a mansard system, gable overhang, eave canopy or aluminum marquee.

J.

All pre-engineered, all-metal buildings that are to have a complete steel structure shall have a Southern Building Code compliance number. In certain cases where all-metal buildings are deemed to be incompatible with surrounding development (either in construction or appearance), to developer may be required to cover either all or part of the exterior of the building with brick or other materials as deemed appropriate by the planning and zoning board.

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

In addition to all other rules and regulations established by this appendix, the following shall apply to all shopping centers:

A.

The building group must be architecturally unified.

B.

Convenient vehicular servicing of all buildings in shopping center, satisfactory circulation of traffic in the parking areas, and no undue interference with through traffic in training ingress to and egress from said site must be provided.

C.

An integrated parking area as specific in article IX and vehicular loading space as specified in article IX must be provided.

D.

Convenient and safely located pedestrian walkways must be provided.

E.

The location, size, character and number of all exterior signs must be approved pursuant to all applicable regulations.

F.

A minimum site depth of 300 feet must be provided.

G.

A buffer strip of not less than 20 feet wide where the shopping center abuts any residential zone, unless otherwise stipulated elsewhere in this appendix must be provided.

H.

A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent street traffic, including volume flows to and from the proposed facility and sight distance from ingress and egress points, prepared by a registered professional engineer must be submitted to and approved by the engineering and inspections department city engineer.

I.

A preliminary plan or engineering report providing for the site grading, storm drainage, sanitary sewers and water supply, prepared by a registered professional engineer must be submitted to and approved by the city engineer engineering and inspections department.

J.

A copy of any deed restrictions intended for the property upon which said facility is to be constructed must be submitted to and approved by the city engineer engineering and inspections department.

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

14.1

Statement of intent. The intent of the short-term rental article is to provide a set of use regulations that will allow short-term rental dwellings within the city limits and establish minimum standards for their use while also minimizing incompatibility with surrounding residential areas. These standards provide additional protection for the substantial investment, both private and public, being made within the city while promoting a mix of lodging options that support the city's tourism base and local economy, and upholding the health, safety, and welfare of the citizens of the City of Trussville, Alabama.

14.2

Applicability.

A.

Property affected by this article.

1.

All property located within the corporate limits of the city.

2.

Downtown Overlay district.

B.

A "short-term rental" shall have the same meaning as stated in article VI of chapter 18 of the Trussville Code of Ordinances.

C.

Short-term rentals, that are not prohibited by contract or restrictive covenant, may be permitted within the city as specifically provided in this ordinance and only upon fully complying with all provisions of this ordinance. Short term rentals are otherwise prohibited from operation.

D.

In addition to the provisions contained in Article IV of Appendix A of the Code of Ordinances of the City of Trussville, the City reserves the right to petition the Planning and Zoning Commission to remove a permitted short-term rental designation permitted herein.

E.

In addition to the provisions contained in article IV of appendix A of the Trussville Code, any violation of these ordinances shall allow the city to petition for revocation or suspension of a business license issued pursuant to the requirements of chapter 18 of the Trussville Code.

14.3

Permitted and conditional uses.

A.

Permitted uses.

1.

Within the Downtown Overlay district, short-term rental of dwellings is permitted by right, subject to the following provisions:

a.

A dwelling must be located on the site and able to be safely occupied as originally designed.

b.

The property to be used as a short-term rental shall comply with all current versions of the fire and buildings codes enacted by the city as of the date the application is submitted.

c.

All other uses inconsistent with the property's current zoning status and the Downtown Overlay shall be forbidden.

d.

Occupancy is strictly limited to the number of available parking spaces. At least one off-street parking space should be provided for every two adults counting towards the occupancy limit. Parking spaces may be provided on driveways or within a parking area on the property.

e.

The short-term rental shall comply with all applicable provisions of the zoning ordinance, which includes, but is not limited to, parking regulations and sign regulations.

g.

A short-term rental property shall not be occupied for a period of less than 24 hours.

h.

Condominiums and apartment buildings will be limited to a license cap of 30 units.

i.

The owner of a short-term rental must first obtain a business license for short-term rental as required in chapter 18 of the Trussville Code.

B.

Special exception.

1.

Outside of the Downtown Overlay district and for property inside the city limits, the board of zoning adjustment may, as a special exception, approve the short-term rental of a dwelling subject to the following:

a.

The owner's compliance with provisions of section A. 1. a.-i.

b.

Approvals may be granted for a period not to exceed three years unless otherwise specified by the board of zoning adjustment for a shorter period. In addition to the provisions contained in article IV of appendix A of the Trussville Code, the city reserves the right to petition the planning and zoning commission to remove the permitted short term rental designation permitted herein.

c.

No dwelling unit shall be used as a short-term rental in excess of 45 nights per calendar year.

d.

Should the board of zoning adjustment deny the application for a short-term rental designation, the applicant shall be prohibited from reapplying for the same designation for a period of 12 months following the denial unless the applicant can demonstrate good cause or a change in circumstances as to why a subsequent application should be permitted in the absolute and sole discretion of the board of zoning adjustment.

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