Article V is organized into four (4) sections:

a.

Article V, division 1, general provisions, describes the general organization of the article.

b.

Article V, division 2, principal uses, identifies the principal uses that are allowed in the various zoning districts and the type of review required to establish them, organized by the overall classification of the use (e.g. residential). It also provides descriptions of the use categories into which the individual uses are grouped. Where appropriate, it also establishes specific standards applicable to particular principal uses.

c.

Article V, division 3, accessory uses and structures, identifies uses and structures commonly allowed as accessory to principal uses in the various zoning districts, and the type of permit or review required to establish them. It also establishes general standards applicable to all accessory uses and structures and where appropriate, specific standards applicable to particular accessory uses and structures.

d.

Article V, division 4, temporary uses and structures, identifies uses and structures allowed on a temporary basis, and the general standards applicable to all temporary uses and structures, and where appropriate, special standards that apply to particular temporary uses and structures.

(Ord. No. 9572, § 2, 12-17-24)

a.

Notwithstanding any other provision of this ordinance, the city council may, after due notice and public hearing, authorize by resolution a use of an historical or architectural landmark which is not otherwise permitted in the zoning district in which it is located upon finding that:

1.

A normally permitted use is not economically or practically feasible, or would not be in the interest of historical preservation; and

2.

The proposed use will tend to promote the maintenance or restoration of the unique historical or architectural qualities of the property.

b.

For purposes of this section, a historical or architectural landmark shall mean any structure, premises, or site listed in the National Register of Historic Places, the Historic American Buildings Survey, the Statewide Plan of Historic Preservation (revised) prepared by the Alabama Historical Commission, or the Alabama Register of Historic Landmarks.

(Ord. No. 9572, § 2, 12-17-24)

a.

Structure of principal use classification system. The following three-tiered hierarchy of use classifications, use categories, and use types is used to organize allowable uses listed in the principal use tables in sections 25-99 through 25-102 and the use-specific standards set out in those sections.

1.

Use classifications. Use classifications are very broad and general (e.g. agriculture, residential, institutional, commercial, and industrial). The five (5) use classifications are organized into four (4) separate use tables: section 25-99, agricultural and residential principal use table; section 25-100, institutional principal use table, section 25-101, commercial principal use table; and section 25-102, industrial principal use table.

2.

Use categories. Use categories represent major subgroups of the use classifications that have common functional, product, and physical characteristics, such as the type and amount of activity, type of occupants or users/customers, or operational characteristics. For example, the commercial classification is divided into multiple use categories, like recreation and entertainment and retail sales and personal services. Each use category is described in terms of the common characteristics of included uses (including common or typical accessory uses), examples of common use types included in the category, and, for a number of use categories, exceptions—i.e. those uses that might appear to fall within the use category, but are included in another use category.

3.

Use types. Use types identify specific principal land uses whose characteristics are considered to fall within the various use categories. For example, light vehicle fuel station and automobile wash are use types within the vehicle sales and service category. Use types are defined in section 25-31, definitions.

b.

Organization of the principal use tables. Each of the four (4) principal use tables include descriptions of the use categories and use-specific standards, as described below:

1.

Agricultural and residential use table. Table V-1: principal use table for agricultural and residential uses, within section 25-99, agricultural and residential principal use table, includes principal uses for uses within the agricultural use classification and residential use classification. Descriptions of the agricultural and residential use categories are included in section 25-99(b) (agricultural) and section 25-99(c) (residential), and use-specific standards for uses within these classifications are included in section 25-99(d) (agricultural) and subsection 25-99(e) (residential).

2.

Institutional use table. Table V-2: principal use table for institutional uses, within section 25-100, institutional principal use table, includes principal uses for uses within the institutional use classification. Descriptions of the institutional use categories are included in section 25-100(b), and use-specific standards for uses within this classification are included in section 25-100(c).

3.

Commercial use table. Table V-3: principal use table for commercial uses, within section 25-101, commercial principal use table, includes principal uses for uses within the commercial use classification. Descriptions of the commercial use categories are included in section 25-101(b), and use-specific standards for uses within this classification are included in section 25-101(c).

4.

Industrial use table. Table V-4: principal use table for industrial uses, within section 25-102, industrial principal use table, includes principal uses for uses within the industrial use classification. Descriptions of the industrial use categories are included in section 25-102(b), and use-specific standards for uses within this classification are included in section 25-102(c).

c.

Reference to use-specific standards. A particular use allowed as a principal use in a zoning district may be subject to standards that are specific to the particular use. The applicability of such use-specific standards is noted in the right-most column of each principal use table through a reference to standards within the division.

d.

Abbreviations in principal use table cells. The principal use tables use the following abbreviations to identify whether a principal use is allowed in a particular zoning district and the procedure required to establish the use:

e.

Unlisted uses.Section 25-103, interpretation of unlisted uses, provides standards for determining whether a use not expressly listed in a use table is allowable in a particular zoning district. The director of planning shall determine whether or not an unlisted use is part of an existing use category or use type in accordance with section 25-103, interpretation of unlisted uses.

(Ord. No. 9572, § 2, 12-17-24)

a.

Agricultural and residential principal use table. Table V-1: principal use table for agricultural and residential uses, identifies the uses within the agricultural use classification and the residential use classification that are allowed by right, allowed as a conditional use, allowed as a special exception use, or prohibited within each zoning district. Use categories are described in subsections b. and c. below. Use types are defined in section 25-31, definitions. Any use-specific standards are referenced in the right-most column of table V-1 and are located in subsections d. and e. below.

Table V-1: Principal Use Table for Agricultural and Residential Uses

P = Permitted by right   C = Conditional use permit required   S = Special exception use permit required
A = Allowed in PD district    blank cell = Prohibited use

b.

Description of agricultural use categories. The agricultural use classification is not divided into categories as the other classifications are. It includes a single principal use that encompasses all agricultural uses.

c.

Description of residential use categories.

1.

Household living uses. The household living category includes use types providing for the residential occupancy of a dwelling unit by a family. Tenancy is generally arranged on a month-to-month or longer basis. Use types include single-family detached, townhouse, u-rowhouse, duplex, u-duplex, triplex, u-triplex, quadplex, multifamily, mobile home, and live/work. This use category does not include residential use types that generally involve some level of managed personal care for a larger number of residents (e.g. group home), which are categorized as the group living category. Accessory uses common to household living uses may include recreation activities, raising of domestic pets, gardens, and parking of the occupants' vehicles. Some accessory uses (e.g. accessory dwelling units, home occupations) are subject to additional regulations (see article V, division 3, accessory uses and structures).

2.

Group living uses. The group living category includes use types providing for the residential occupancy of a group of living units by people who sometimes (but not always) do not constitute a single family or housekeeping unit and may receive some level of personal care. Individual living units often consist of a single room or group of rooms without cooking and eating facilities (even though some do have such facilities), but unlike a hotel, motel, or short-term rental, are generally occupied on a monthly or longer basis. Use types may include fraternities and sororities, group homes, supportive group homes, and residential care facilities. This category does not include use types where persons generally occupy living units for periods of less than thirty (30) consecutive days, which are categorized in the lodging category. It also does not include use types where residents or inpatients are routinely provided more than modest health care services (e.g. group home), which are categorized in the health care category. Accessory uses common to group living uses may include recreational facilities, administrative offices, and food preparation and dining facilities.

d.

Standards specific to agricultural uses. The provisions in chapter 4, animals and fowl, of this Code, apply to all agricultural uses.

e.

Standards specific to residential uses.

1.

Household living.

i.

Residential occupancy restrictions. The following standards apply to all household living uses:

(a)

Except as otherwise provided in subsection (b) or (c) below, no more than three (3) unrelated persons may live together in a single dwelling unit.

(b)

Within a historic overlay district, the occupancy restrictions in section 20-15.34 of this Code apply.

(c)

Within a U-single, U-rowhouse, U-duplex, U-triplex, or multifamily dwelling student use, no more than five (5) unrelated persons may live together in a single dwelling unit, provided the unit shall be certified for such occupancy.

ii.

Dwelling, single-family detached. In the MRU district, a single-family detached dwelling shall contain no more than five (5) bedrooms.

iii.

Dwelling, U-single; dwelling, U-rowhouse; dwelling, U-duplex. Except for a U-triplex dwelling, which shall contain no more than four (4) bedrooms, a single dwelling unit shall contain no more than five (5) bedrooms.

iv.

Dwelling, townhouse.

(a)

Townhouses shall comply with applicable standards in section 25-166, multifamily development.

(b)

The minimum width of a lot on which a townhouse is located shall be the width of the townhouse, plus an additional seven (7) feet if the townhouse on the lot is at the end of a row of townhouses.

(c)

Except as otherwise provided in this ordinance, the minimum width of a townhouse shall be one-fourth of the townhouse's depth.

(d)

In the MRU and MFRU districts, a single dwelling unit shall contain no more than five (5) bedrooms.

v.

Dwelling, duplex; dwelling, triplex; dwelling, quadplex.

(a)

Duplex, triplex, and quadplex dwellings shall comply with applicable standards in section 25-166, multifamily development.

(b)

In the MRU and MFRU district, a single dwelling unit shall contain no more than five (5) bedrooms.

vi.

Dwelling, multifamily.

(a)

Multifamily dwellings shall comply with applicable standards in section 25-166, multifamily development.

(b)

In the R, D, DP, DHE, and UC districts, multifamily dwellings shall not include more than two (2) bedrooms in each dwelling unit. A multifamily dwelling in the D, DP, DHE, R, and UC districts shall have a ground floor containing only non-residential uses that are open to the general public and not limited to use by tenants or residents of the building.

(c)

In the MFRU district, the following standards apply:

(1)

A multifamily dwelling located south of University Blvd, north of 15th St., west of Gene Stallings Ave., and east of Queen City Ave. shall contain a maximum of one hundred ten (110) bedrooms per net site acre.

(2)

Each dwelling unit shall contain no more than three (3) bedrooms.

(d)

In the MFR district, a multifamily dwelling shall have a driveway that provides direct access from the site to a street classified as a collector street or greater in the Major Street Plan of Tuscaloosa.

vii.

Dwelling, multifamily student.

(a)

The multifamily dwelling standards in subsection vi. above apply to a multifamily student dwelling use.

(b)

A multifamily dwelling located south of Jack Warner Parkway, east of Gene Stallings Ave., west of McFarland Blvd., and north of 15th St. shall contain a maximum of two hundred (200) bedrooms per net site acre.

(c)

Each dwelling unit shall contain no more than three (3) bedrooms.

viii.

Dwelling, mobile home. A mobile home shall not be used as a dwelling except in a permitted mobile home park or mobile home subdivision, in accordance with chapter 15, mobile home parks, of this Code.

ix.

Dwelling, live/work.

(a)

The nonresidential portion of the building shall be located on the ground floor.

(b)

Drive-through service is prohibited as an accessory use.

(c)

Outdoor storage, outdoor display, or outdoor seating that is associated with the nonresidential use is prohibited.

(d)

The following nonresidential use types are the only uses permitted in the non-dwelling portion of the live/work unit:

(1)

Office; and

(2)

The following personal services uses: beauty shops, barber shops, nail salons, blow dry bars, lash bars, shoe repair, personal copying/shipping services, daytime non-medical pet care, bicycle and sports equipment repair, and technology and small appliance repair.

2.

Group living.

i.

Group home.

(a)

Each group home shall be located at least one thousand (1,000) feet from all other established group home and rehabilitation facility uses, measured in a straight line to the closest lot lines.

(b)

The external appearance of all structures and the building site on which the group home is located shall be consistent with the general character of the district in which the group home is located. Exterior building materials, building bulk, landscaping, fences and walls, parking areas, and the general design of the facility shall be visually and functionally compatible with the surrounding uses.

(c)

Signs are not permitted.

(Ord. No. 9572, § 2, 12-17-24)

a.

Institutional principal use table. Table V-2: principal use table for institutional uses, identifies the uses within the institutional use classification that are allowed by right, allowed as a conditional use, allowed as a special exception use, or prohibited within each zoning district. Use categories are described in subsection b. below. Use types are defined in section 25-31, definitions. Any use-specific standards are referenced in the right-most column of table V-2 and are located in subsection c. below.

Table V-2: Principal Use Table for Institutional Uses

P = Permitted by right   C = Conditional use permit required   S = Special exception use permit required
A = Allowed in PD district    blank cell = Prohibited use

b.

Description of institutional use categories.

1.

Community service uses. The community service category includes use types primarily of a public, civic, nonprofit, or charitable nature providing services to residents, students, and visitors in the city, which are distinguished by enhanced benefits to the general public (e.g. childcare, cultural, recreational, counseling, training, or religious services). Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. Use types may include animal shelters, clubs or lodges, cultural facilities, day care centers, funeral homes, government facilities, public safety facilities, and religious institutions. This use category does not include private or commercial health clubs or recreational facilities, which are categorized in the recreation and entertainment category, or passenger terminals for public transportation services, which are categorized in the utilities, transportation, and communication category. Accessory uses may include offices, meeting areas, food preparation and dining areas, and for certain uses indoor and outdoor recreational facilities.

2.

Education uses. The education category includes use types such as public schools and private schools (including charter schools) at the elementary, middle, and high school levels that provide education meeting state requirements for curriculum, instruction, and assessment. This use category also includes college and university uses, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification, and research facilities (operated by government or educational institutions). Accessory uses at schools may include offices, play areas, recreational and sport facilities, cafeterias, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities may include offices, dormitories, food service, laboratories, health care facilities, recreational and sports facilities, theaters, meeting areas, maintenance facilities, and supporting commercial uses (e.g. eating or drinking establishments, bookstores).

3.

Health care uses. The health care category includes use types providing a variety of health care services, including surgical or other intensive care and treatment, various types of medical treatment and preventative care, nursing care, and diagnostic and laboratory services. Care may be provided on an inpatient, overnight, or outpatient basis. Use types include hospitals, medical or dental clinics, hospices, nursing homes, and personal care homes. This category generally does not include use types that focus on providing personal care rather than medical care to residents, which are categorized in the group living category. Accessory uses may include food preparation and dining facilities, offices, meeting rooms, teaching facilities, maintenance facilities, staff residences, and limited accommodations for patients' families.

4.

Parks and open space uses. The parks and open space category includes use types focusing on open space areas largely devoted to natural landscaping and tending to have few structures, and which may include passive or limited active outdoor recreation. Use types include cemeteries, community gardens, parks and greenways, and zoos. This category does not include athletic fields (unless part of a public park), golf courses, or other outdoor recreation uses (categorized in the recreation/entertainment category). Accessory uses may include fountains, maintenance facilities, concessions, and parking.

5.

Utilities, transportation, and communication uses. The utility, transportation, and communication category includes use types providing major utilities (infrastructure services that provide regional or community-wide service), minor utilities, vehicle parking and passenger transportation services, facilities providing regional or community-wide communications services, such as wireless communications, radio and television broadcasting, and similar uses. Services may be publicly or privately provided and may include on-site personnel. Accessory uses may include offices, monitoring, or storage areas.

c.

Standards specific to institutional uses.

1.

Community services.

i.

Day care center.

(a)

All loading and unloading of children or adults receiving services at the facility shall take place on the site and not on public property.

(b)

Parking and circulation systems shall be designed to enhance the safety of individuals receiving day care at the facility as they arrive at and leave the facility.

(c)

Establishments that provide day care services to thirty (30) or more individuals shall have a driveway that provides direct access from the site to a street classified as a collector or arterial street in the Major Street Plan of Tuscaloosa.

(d)

A facility for the care of children shall include an outdoor play area to the side or rear that meets the district setback requirements that apply to the principal structure. In any areas where the outdoor play area abuts a residential use, parking lot, or public right-of-way, the play area shall be screened by a solid fence or wall at least six (6) feet in height supplemented with landscaping.

ii.

Government facility. Outdoor storage is not permitted as an accessory use to this use in the D, DP, and DHE districts.

iii.

Private club or lodge. The principal use of the facility shall be as a meeting hall for fellowship, ceremonies, and club business meetings. Any amusement or recreation facilities shall be a secondary use.

2.

Education.

i.

School, K-12. The following standards apply to all schools:

(a)

An elementary school (grades Kindergarten through 5) shall have access from the site directly to a street classified as a collector street or arterial street in the Major Street Plan of Tuscaloosa. A junior or senior high school (grades 6 through 12) shall have access from the site directly to a street classified as an arterial street in the Major Street Plan of Tuscaloosa.

(b)

Playgrounds, play fields, and other active recreation facilities shall not extend into areas within a required minimum setback.

(c)

All outdoor seating areas for spectators at athletic events shall set back at least two hundred (200) feet from all property in an SFR district or with a single-family dwelling use.

(d)

If school bus service is to be provided, adequate space outside of the public right-of-way shall be provided on site to accommodate student loading and unloading.

ii.

Vocational school.

(a)

All facilities within a vocational school which typically generate significant noise or fumes, such as auto body or engine repair, industrial painting, auto body painting, industrial manufacturing processes, or campus-wide energy and utility systems, and that are adjacent to a residential district shall comply with the following standards:

(1)

The facilities shall be set back at least one hundred (100) feet from all residential districts;

(2)

Where such facilities are proposed, the applicant shall identify any additional mitigation steps appropriate to the impacts of the facilities, such as additional sound-containment features.

(b)

Goods manufactured on site for sale shall be limited to goods that are produced incidentally to the school's primary educational purpose.

3.

Health care.

i.

Nursing home.

(a)

The facility shall include means to dispose of medical waste, including biohazardous waste, in accordance with applicable federal, state, and city requirements.

(b)

The sum of all building footprints on the lot shall not exceed eighty (80) per cent of the total lot area.

(c)

If the use requires a special exception use permit, the zoning board of adjustment shall approve a special exception use permit application only upon finding that, in addition to the decision-making criteria in section 25-39(d), the patients in the nursing home will be provided adequate protection from the noise, lights, and traffic of surrounding development.

ii.

Personal care home.

(a)

The facility shall include means to dispose of medical waste, including biohazardous waste, in accordance with applicable federal, state, and city requirements.

(b)

The sum of all building footprints on the lot shall not exceed sixty (60) per cent of the total lot area.

(c)

If the use requires a special exception, the zoning board of adjustment shall approve a special exception use permit application only upon finding that, in addition to the decision-making criteria in article III, division 2, section 25-39(d), the patients in the personal care home will be provided sufficient protection from the noise, lights, and traffic of surrounding development.

4.

Utilities, transportation, and communication.

i.

Aerodrome.

(a)

The site shall not be located within one thousand two hundred (1,200) feet of any property in a residential district or a parcel with a residential use.

(b)

The site shall provide adequate land area for take-off and landing for helicopters and airplanes to ensure public safety, in accordance with Federal Aviation Administration standards.

ii.

Parking facility. In the D district, a parking facility as a principal use on a site may not include surface parking and shall only consist of a parking structure.

iii.

Railroad terminal. A railroad terminal shall have access directly from a street classified as an arterial street or higher in the Major Street Plan of Tuscaloosa.

iv.

Solar energy conversion system, large-scale.

(a)

The lot coverage of the solar energy conversion system and any associated equipment shall not exceed eighty (80) per cent.

(b)

No components of the use shall exceed a height of twenty (20) feet.

(c)

Except for transmission lines and collector utility structures, all utilities associated with the solar energy conversion system shall be located underground.

(d)

The application for a special exception use permit shall include a decommissioning plan that describes the timeline and manner in which the solar energy conversion system will be decommissioned and the site restored to a condition similar to its condition prior to the establishment of the facility.

(e)

If the solar energy conversion system ceases operating for a period of eighteen (18) consecutive months, the city shall deem it abandoned and will provide a written notice of abandonment to the owner. Within one hundred eighty (180) days after notice of abandonment is provided, the owner is required to either complete all decommissioning activities and site restoration in accordance with the decommissioning plan or resume regular operation of the solar energy conversion system.

v.

Truck terminal. A truck terminal shall have access directly from a street classified as an arterial street or higher in the Major Street Plan of Tuscaloosa.

vi.

Utility major. All structures and storage areas shall be set back at least one hundred (100) feet from all property lines.

vii.

Utility, minor. The site shall not include facilities for storage of materials, trucks, or repair equipment.

viii.

Wireless telecommunication tower.

(a)

Applicability.

(1)

General. Subject to subsection (b) below, the standards in this section apply to all wireless telecommunications towers, except towers installed on land owned by a government entity or public agency if the tower and all antennas are for the exclusive use of a public entity. The performance of minor maintenance on an existing wireless telecommunications tower, including collocation of an antenna, shall be reviewed as a permitted accessory use (see "wireless telecommunications tower minor maintenance" in table V-5: accessory uses and structures table). The establishment and use of antennas on structures other than wireless telecommunications towers is considered an accessory use (see "antenna" in Table V-5: accessory uses and structures table). The location of wireless telecommunications facilities in the right-of-way is subject to chapter 21 of this Code and all applicable provisions of the Code of Alabama.

(2)

Historic districts. Wireless telecommunications towers are prohibited in historic districts.

(3)

Special exception use permit. Where wireless telecommunications towers are indicated by a "P/S" in table 5-2: principal use table for institutional uses, wireless telecommunications towers shall be allowed as either a permitted use or a special exception use as follows:

i.

If the proposed use complies with all standards in this section, it shall be approved as a permitted use;

ii.

If the proposed use complies with all standards in this section except one or more of the site access, maximum height, or minimum setback standards, it shall be approved as a special exception, in accordance with section 25-39, special exception use permit.

iii.

In the CN and SFR-E districts, no exceptions to the maximum height standards are allowed through a special exception. In all other districts in which a wireless telecommunication tower is permitted as a special exception, the maximum height allowed with a special exception is three hundred (300) feet.

(4)

Third-party technical review. The director of planning may order a third-party technical study to determine compliance with the standards in this section. The applicant will be required to reimburse the city for the amount established in the city's fee schedule.

(b)

Collocation or alternative technology. No wireless telecommunication tower shall be permitted unless it is demonstrated by sufficient documentary evidence that at least one of the following conditions is applicable:

(1)

No existing towers or suitable structures are located within the geographic areas required to meet applicant's engineering requirements, and no such towers or suitable structures are under consideration for building permits.

(2)

Existing towers or other structures are not of sufficient height and cannot be reasonably altered to meet applicant's engineering requirements.

(3)

Existing towers or other structures do not have sufficient structural strength and cannot be reasonably altered to support applicant's proposed antenna and related equipment.

(4)

The proposed antenna would cause electromagnetic interference with existing antenna(s) on existing towers or other structures, or existing antenna(s) on other towers or structures would cause interference with the proposed antenna and the interference cannot be prevented at a reasonable cost.

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs required by the owner of existing tower or structure that exceed new tower development are presumed to be unreasonable.

(6)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(7)

The applicant demonstrates that alternative technologies that do not require the use of towers or structures, are unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(c)

Site access.

(1)

On a lot that does not meet minimum lot area requirements for the zoning district in which it is located or does not have frontage on the public road from which it is accessed, no building permit shall be issued for any structures other than the tower and accessory facilities required for equipment storage and tower operation. This restriction shall be incorporated into any plat or deed for the lot and shall apply until the lot complies with the zoning district's lot area requirements or obtains frontage on the public road from which it is accessed.

(2)

On a site for a tower that does not have frontage on the public street from which access to the site is provided, a permanent twenty-foot-wide access easement shall be required to the public street.

(d)

Maximum height. The maximum height of a tower is one hundred fifty (150) feet in open space and residential districts and two hundred fifty (250) feet in all other districts, measured from the natural grade of the site and including antennas, base pad, and other appurtenances.

(e)

Minimum setbacks.

(1)

In institutional, business, and industrial districts, a tower shall be set back at least two hundred twenty (220) feet or one hundred fifty (150) per cent of the proposed tower height, whichever is less, from all lands classified in a residential district and all structures housing a residential use, and at least twenty-five (25) per cent of the height of the tower from all lands not classified in a residential district and without a residential use.

(2)

In Residential districts, a tower shall be set back at least fifty (50) feet, one hundred (100) per cent of the proposed tower height, or the minimum setback required for a primary structure in the district in which the tower is located, whichever is greatest, from all property lines.

(3)

Towers located on the leased portion of a larger lot shall not be constructed in areas within a required minimum setback.

(4)

Guyed towers shall have their guy anchors located on the tower site at least ten (10) feet from all property lines. Guy wires shall not cross any adjoining property, rights-of-way, or public easements without prior approval of the property owner.

(5)

Setbacks shall in all cases be sufficient to contain on site all icefall unless adequate provisions have been incorporated to prevent the buildup of ice.

(6)

All structures accessory to a tower are subject to the dimensional standards of the district in which they are located. Tower setbacks shall be measured from the perimeter of the tower base.

(f)

Building code. Wireless telecommunications towers and all accessory structures shall be designed, erected, and maintained in compliance with the building code.

(g)

FAA regulations. The tower shall comply with all applicable FAA regulations.

(h)

Lighting. Only the minimum lighting required by FAA or FCC regulations are permitted on the tower. All lighting on the site shall comply with article VI, division 6, exterior lighting standards.

(i)

Security. The facility shall be fully secured. A chain link fence with PVC slats or other opaque fence or wall at least eight (8) feet in height from finished grade shall be provided around each tower and all accessary structures. Access to the tower shall be through a locked gate. Where guy anchors are not contained within the security fence, a separate fence at least eight (8) feet in height shall be provided around each anchor. Towers without accessory structures may utilize anti-climb devices in place of a fence.

(j)

Signage. No off-site signs or signs displaying commercial advertising shall be allowed on any tower or its accessory structures.

(k)

Landscaping. The tower shall be screened from public rights-of-way and adjacent properties in accordance with the following standards:

(1)

Buffer. Landscape buffers shall be installed on the outside of the security fence or wall required in subsection (i) above. Each landscape buffer shall consist of a landscaped strip at least ten (10) feet wide planted with a combination of trees, shrubs, and ground cover that is xeriscape tolerant and includes the following:

i.

A row of evergreen trees a minimum of eight (8) feet in height when planted placed a maximum of ten (10) feet apart; and

ii.

A contiguous hedge of evergreen shrubs at least thirty (30) inches in height at planting placed in front of the tree line.

(2)

Installation and maintenance. The owner of the tower shall be responsible for providing and maintaining all landscaping required by this section in accordance with the planting and maintenance standards in article VI, division 3, landscape and buffer standards.

(3)

Preservation of existing vegetation. On wooded sites, the following standards apply:

i.

Tree cutting shall be limited to the area to be fenced and a five-foot buffer along the outside of the fence. If the accessway must be cleared of trees, then tree cutting shall be limited to the minimum width necessary to provide vehicular access to the tower facility but shall not exceed fifteen (15) feet in width.

ii.

Preservation of the natural vegetation surrounding the fenced area shall be substituted for the landscape buffer if the director of planning determines the existing vegetation provides similar screening of the compound from view from adjacent development and rights-of-way.

(Ord. No. 9572, § 2, 12-17-24)

a.

Commercial principal use table. Table V-3: principal use table for commercial uses, identifies the uses within the commercial use classification that are allowed by right, allowed as a conditional use, allowed as a special exception use, or prohibited within each zoning district. Use categories are described in subsection b. below. Use types are defined in section 25-31, definitions. Any use-specific standards are referenced in the right-most column of table V-3 and are located in subsection c. below.

Table V-3: Principal Use Table for Commercial Uses

P = Permitted by right   C = Conditional use permit required   S = Special exception use permit required
A = Allowed in PD district    blank cell = Prohibited use

b.

Description of commercial use categories.

1.

Animal care uses. The animal care category includes use types related to the provision of veterinary services, and general care and boarding services for household pets and domestic animals. Use types include kennels, pet grooming, and veterinary services. This use category does not include animal shelters operated by a nonprofit organization, which are included in the community service category.

2.

Business service uses. The business service category consists of establishments primarily providing routine business service functions for the day-to-day operations of other businesses and households, and general business offices. Use types include broadcasting studios, catering establishments, conference or training centers, contractor offices, data centers, general business offices, and research and development establishments. This use category includes offices used for conducting professional, executive, management, and administrative functions of commercial entities, usually with limited contact with the general public, and generally focusing on the provision of business services, professional services (e.g. lawyers, accountants, planners, engineers, architects, government employees), or financial services (e.g. lenders, brokerage houses, tax preparers). It does not include offices that are a component of or accessory to a principal use in another use category, such as medical/dental offices (categorized in the health care category), or banks or other financial institutions (categorized in the retail sales and service category). Accessory uses may include cafeterias, recreational or fitness facilities, incidental commercial uses, or other amenities primarily for the use of employees in the same business.

3.

Food and beverage services uses. The food and beverage services category consists of establishments primarily engaged in the preparation and serving of food or beverages for on- or off-premises consumption. Use types include bars or taverns, brewpubs, cafes, cigar bars, gastropubs, quick-service restaurants, sit-down restaurants, and wine bars. Accessory uses may include areas for outdoor seating, facilities for live entertainment, and valet parking services. Drive-through facilities may or may not be allowed and are subject to additional standards in accordance with article V, division 3, accessory uses and structures.

4.

Lodging uses. The lodging category includes use types providing lodging units or rooms for short-term stays of typically less than thirty (30) days for rent or lease. Use types include bed and breakfasts, hotels, RV parks, and short-term rentals (as a principal use). Accessory uses may include pools and other recreational facilities, restaurants, bars, limited storage, laundry facilities, gift shops, supporting commercial activities, meeting facilities, and offices.

5.

Recreation and entertainment uses. The recreation and entertainment category includes use types providing indoor or outdoor facilities for recreation or entertainment-oriented activities by patrons or members. Use types include marinas, private event space, recreation (indoor and outdoor), theaters or auditoriums, and theaters (drive-in). It does not include recreational facilities that are accessory to parks (categorized in the open space category), or that are reserved for use by a particular residential development's residents and their guests. Accessory uses may include offices, concessions, snack bars, and maintenance facilities.

6.

Retail sales and services uses. The retail sales and service category includes use types involved in the sale, rental, and incidental servicing of goods and commodities that are generally delivered or provided on the premises to a consumer, or in the provision of personal or household services to the general public. Use types include financial institutions, check cashing, convenience stores, laundry and dry cleaning retail facilities, laundry (self-service facilities), liquor stores, personal service establishments (personal or household goods repair, personal grooming or well-being services), pharmacies, retail sales and services establishments, self-service storage facilities, tattoo establishments, tobacco or vape shops, and vehicle-mounted or tent-sheltered retail. This use category does not include sales or service establishments related to vehicles (categorized in the vehicle services and sales category), establishments primarily selling supplies to contractors or retailers (categorized in the wholesale category), the provision of financial, professional, or business services in an office setting (categorized in the business services category). Accessory uses may include offices, storage of goods, assembly or repackaging of goods for on-site sale, concessions, ATM machines, and outdoor display of merchandise.

7.

Vehicle sales and services uses. The vehicle sales and services category includes use types involving the direct sales and servicing of motor vehicles (including automobiles, trucks, motorcycles, farm equipment, and recreational vehicles, as well as trailers) whether for personal transport, commerce, or recreation. Use types include automobile wash, heavy vehicle and farm equipment sales and rental, heavy vehicle fuel stations, light vehicle fuel stations, light vehicle repair, light vehicle sales and rental, manufactured home sales, and mobile home sales. Accessory uses may include offices, sales of parts, maintenance facilities, outdoor display of merchandise, and vehicle storage.

c.

Standards specific to commercial uses.

1.

Animal care.

i.

Kennel.

(a)

Animal pens and cages are only permitted inside a building which is fully enclosed.

(b)

Outdoor areas used for occasional exercise and recreation by animals are permitted if the areas are:

(1)

Used only during daylight hours;

(2)

Set back at least two hundred fifty (250) feet from all property in a residential district or used for a single-family dwelling; and

(3)

Surrounded by an opaque fence or wall at least six (6) feet in height that complies with the standards in article VI, division 5, fence and wall standards.

ii.

Veterinary clinic.

(a)

The facility shall include means to dispose of medical waste, including biohazardous waste, in accordance with applicable federal, state, and city requirements.

(b)

Outdoor animal pens established on or after January 1, 2025 on property subject to the standards in article VI, division 7, neighborhood compatibility standards, shall be set back at least one hundred fifty (150) feet from the property protected by article VI, division 7.

(c)

In the UC and DP districts, animal pens and cages are only permitted inside a building which is fully enclosed and sufficiently insulated so that noises and odors cannot be detected by the human senses off the premises.

2.

Business services.

i.

Contractor office. Outside storage is prohibited except as allowed in accordance with the outside storage accessory use.

3.

Food and beverage services.

i.

All bar uses (bar: club, bar: restaurant; and bar: tavern).

(a)

General standards. The following standards apply to all bar uses:

(1)

In addition to the decision-making criteria that apply for a conditional use permit in accordance with section 25-38, conditional use permit, the decision-making body shall consider the impacts all proposed bar uses may have on nearby properties regarding the following characteristics, which include, but are not limited to:

i.

Proposed occupancy and hours of operation of the use.

ii.

Proximity of the proposed use to other similar uses.

iii.

The impact of the proposed use on public safety, including the proposed use's security plan and proposed lighting.

iv.

Unless otherwise in the use-specific standard, all bar uses shall be limited to two (2) permitted uses per block face, with the exception of bar: club, which shall be permitted as the only bar use on a block face.

(2)

Within the D, DP, R, RPD, and UC districts, no bar use shall be permitted on property with Queen City Avenue frontage.

(3)

In all districts except for the D, DP, RPD, and UC districts, no bar use shall be within one thousand (1,000) feet of another bar use.

(b)

Bar: club.

(1)

No bar: club shall have an occupancy greater than two hundred fifty (250) occupants, except that no bar: club with property frontage on University Boulevard or Greensboro Avenue shall have an occupancy greater than one hundred (100) occupants.

(2)

Within the D, DP, R, RPD, and UC districts, a bar: club shall be permitted as the only bar use on a block face.

(c)

Bar: restaurant.

(1)

No bar: restaurant shall have an occupancy greater than two hundred fifty (250) occupants.

(2)

In addition to the decision-making criteria applicable to bar uses as detailed, the decision-making body shall consider the impacts the proposed use may have on nearby properties regarding the following characteristics, which include but are not limited to the proposed hours of operation of the kitchen and bar portions of the establishment.

(d)

Bar: tavern.

(1)

Except within the D and DP districts, no bar: tavern shall have an occupancy greater than one hundred (100) occupants.

(2)

In the D and DP districts, no bar: tavern shall have an occupancy greater than one hundred fifty (150) occupants.

4.

Lodging.

i.

Bed and breakfast.

(a)

The bed and breakfast shall be owner-occupied, and the owner shall stay on the property each evening that rooms are rented.

(b)

The maximum number of guest rooms is eight (8).

(c)

Meals shall be served only to overnight guests.

(d)

Guest rooms shall not contain cooking facilities.

(e)

There shall be no sign or other evidence of the bed and breakfast except one sign having a maximum area of six (6) square feet and not exceeding three (3) feet in any dimension. The sign may be double-faced and illuminated, but not internally illuminated or back-lit.

(f)

The maximum guest stay shall be two (2) weeks.

ii.

Hotel.

(a)

Hotels located in buildings that are constructed after January 1, 2025 shall provide access to each individual sleeping or living unit only through an interior hallway, lobby, or court. Hotels located in buildings that were constructed before January 1, 2025 that provide access to individual sleeping or living units directly from the exterior of the building and not through an interior hallway, lobby, or court may continue in operation and shall not be considered nonconforming.

(b)

In the D, DP, DHE, R, and UC districts, the following shall apply:

(1)

Each building facade shall have multiple surface planes that incorporate changes in building materials in order to provide relief from flat, uninterrupted surfaces.

(2)

Windows shall make up at least thirty-five (35) per cent of the façade area per floor on all street-facing building façades and at least twenty (20) per cent of the façade area per floor on all other building facades. All windows provided to meet this requirement shall have exterior ornamentation (sills, frames, awnings, shutters, louvers, balconies, false balconies, etc.) that provide relief from a flat building surface.

(3)

The following materials are required for not less than seventy-five (75) per cent of the building wall surface area on each façade:

i.

Brick masonry;

ii.

Natural stone (or synthetic equivalent), such as limestone, granite, and marble;

iii.

Glass curtain wall; and

(4)

The following materials may make up twenty-five (25) per cent of the building wall surface area on each façade:

i.

Pre-cast masonry (for trim and cornice elements only);

ii.

Gypsum reinforced fiber concrete—GFRC (for trim elements only);

iii.

EIFS as a trim element;

iv.

Metal (for beams, lintels, trim elements, and ornamentation);

v.

Split-faced block (for piers, foundation walls and chimneys only);

vi.

Glass block;

vii.

Cementitious siding; and

viii.

Stucco (panels with cementitious finish, not tiles or external insulation finishing system—EIFS).

(5)

All buildings shall have multiple or pitched rooflines that provide relief from a flat roof. Mansards, parapet walls, fascia, or other ornamentation may be used to satisfy this requirement, but elevator shafts and mechanical rooms may not.

(6)

Freestanding signs are prohibited in the D, DHE, and R districts. In other districts, freestanding signs are limited to monument signs.

iii.

Recreational vehicle (RV) park.

(a)

An RV park shall comply with applicable regulations of the state board of health and all applicable provisions of this Code.

(b)

An RV park shall only be used for the temporary placement and occupancy of RVs. The permanent installation of RVs or mobile homes is prohibited.

(c)

No RV shall be occupied by a person or family for more than two (2) consecutive weeks.

iv.

Short-term rental. A short-term rental is permitted only in accordance with the following standards:

(a)

Applicability. All dwelling units in the household living use category are eligible to be used as a short-term rental.

(b)

Use permissions. A dwelling unit within the city's corporate limits may be used as a short-term rental in accordance with the following:

(1)

Within a historic district, all of the dwelling unit types listed in subsection (a) above may be used as a short-term rental if approved by special exception use permit.

(2)

Within the tourist overlay boundary but outside a historic district, all of the dwelling unit types listed in subsection (a) above may be used as a short-term rental. They may be used as a short-term rental by right for up to forty-five (45) days in a year, and as a special exception for more than forty-five (45) days in a year.

(3)

Outside the tourist overlay boundary and outside a historic district, a multifamily dwelling may be used as a short-term rental by right for up to forty-five (45) days in a year, and all other dwelling unit types listed in subsection (a) above may be used as a short-term rental if approved by a special exception use permit.

(c)

License requirement and limitation.

(1)

A short-term rental shall have a short-term rental business license in accordance with chapter 7, article XII of this Code, section 7-198 et seq.

(2)

For a short-term rental in a multifamily dwelling unit, the applicant shall submit documentation from the condominium association or property manager authorizing the short-term rental use.

(3)

The city may issue no more than one hundred fifty (150) business licenses for short-term rentals located in multifamily dwellings within the tourist overlay boundary, and one hundred (100) business licenses for short-term rentals located in multifamily dwellings outside historic districts and outside the tourist overlay boundary. These short term rentals are allowed by-right in accordance with this section. Notwithstanding this limitation, the city may issue additional business licenses for short-term rental units in multifamily dwellings outside historic districts if the short-term rental use receives a special exception use permit in accordance with this section and section 25-39, special exception use permit.

(d)

General standards.

(1)

Short-term rentals shall comply with all building and fire codes, and comply with all provisions of this ordinance, including article VI, division 2, off-street parking, bicycle parking, and loading standards, and article VI, division 10, signs and billboards.

(2)

Short-term rentals shall comply with the standards in section 10.8-13, noise in residential districts, of this Code.

(3)

Off-street parking spaces may be provided on driveways or within a parking area on the property.

(4)

The property shall contain a dwelling able to be occupied.

(5)

Commercial events or other large events such as concerts or weddings are prohibited on the property.

(6)

The rental of units for a period of less than twenty-four (24) hours is prohibited.

(e)

Parking and occupancy. The maximum occupancy of a short-term rental shall be calculated in accordance with the fire code, and shall not exceed two (2) adult occupants per off-street parking space that is provided for the use of a short-term rental unit tenant's vehicle. For purposes of this paragraph, the number of off-street parking spaces provided for the use of the short-term rental unit shall include only those parking spaces that exceed the number of parking spaces that are required to be provided in accordance with this zoning ordinance at the time the building that contains the short-term rental unit was constructed or substantially reconstructed.

(f)

Time limitations.

(1)

When the use of a dwelling as a short-term rental is permitted by right, the dwelling may be used as a short-term rental for no more than forty-five (45) days in a calendar year, provided that the owner of the dwelling unit may apply for a special exception use permit to allow the use of a short-term rental for more than forty-five (45) days in a calendar year.

(2)

When the use of a dwelling as a short-term rental is permitted as a special exception, the dwelling may be used as a short-term rental for no more than thirty (30) days in the first calendar year and forty-five (45) days in each calendar year thereafter, unless the zoning board of adjustment determines, based on the decision-making standards for a special exception use permit in section 25-39(d), that the use of the dwelling unit as a short-term rental higher or lower number of days the first calendar year or subsequent calendar years is appropriate.

(g)

Decision criteria. When deciding on an application for a special exception use permit to operate a short-term rental use, the zoning board of adjustment shall consider the following factors, in addition to the general decision-making standards in section 25-39(d):

(1)

Whether the property is permanently occupied and leased in its entirety to one party for periods of at least thirty (30) consecutive nights;

(2)

Whether the short-term rental use is proposed to be or will be the primary or accessory use of the dwelling;

(3)

If a short-term rental is proposed for a site that has been previously used for a short-term rental, the number of complaints, violations, and other departures from the standards of this ordinance and this Code that have occurred on the property; and

(4)

As part of its evaluation on the character of surrounding development and the neighborhood and other potentially adverse impacts of the use, the characteristics of the neighborhood and surrounding properties including the underlying zone district, surrounding land uses, the number of nearby short-term rental uses, the topography, access, and similar factors.

(h)

Annual renewal of business license. Following initial application for and issuance of a short-term rental business license by the city, the operator of a short-term rental shall be required to renew the annual business license and submit to an annual audit by the city before renewal of the business license, and, if applicable, to confirm the continued validity of the special exception use permit, in accordance with the following:

(1)

The applicant shall provide the city with information regarding the number of nights which the premises was used as a short-term rental. If the city determines that the applicant has not rented the premises as a short-term rental in accordance with the spirit of this section, the city shall notify the applicant that the business license will not be renewed and, if the short-term rental was subject to a special exception use permit, that the special exception use permit shall be deemed null and void. In addition, the city shall not issue a new business license for short-term rental of the dwelling unit for at least one year from the date of notification of the decision to not renew the business license and void the special exception use permit.

(2)

In addition, if the use was permitted in accordance with a special exception use permit, the city shall determine whether there have been any verified complaints or violations. If there have been no verified complaints or violations, the city may renew the business license for one year if the business license has not be renewed and the special exception use permit has not been voided in accordance with subsection (1) above. If the city determines there have been verified complaints and violations, the city shall notify the applicant that the business license will not be renewed and that the special exception use permit shall be deemed cancelled.

(3)

Following cancellation of a special exception use permit for a short-term rental, an applicant may apply for a new special exception use permit for a short-term rental in accordance with section 25-39, special exception use permit, subject to the restrictions of this subsection.

5.

Recreation and entertainment.

i.

Casino/gambling hall.

(a)

In addition to the decision-making criteria that apply for a conditional use permit in accordance with section 25-38, conditional use permit, the decision-making body shall consider the impacts the proposed casino/gambling hall use may have on nearby properties regarding the following characteristics, which include, but are not limited to:

(1)

Proposed occupancy and hours of operation of the use;

(2)

Proximity of the proposed use to other similar uses;

(3)

The impact of the proposed use on public safety, including the proposed use's vehicular access and parking plan.

(b)

A casino/gambling use shall have ready access to a street classified as major arterial or higher.

(c)

No adult entertainment or underage gambling shall be permitted on the premises.

(d)

Alcohol sales are only permitted as incidental and customary to the primary use of casino/gambling hall.

(e)

No casino/gambling hall use shall be located within one thousand (1,000) feet of another casino/gambling hall use, a check cashing establishment, a sexually-oriented business, a tattoo establishment, a school, a liquor store, or a residential use in a residential district.

ii.

Marina.

(a)

Operations associated with the marina shall not occur in a manner that impedes the normal free flow of vehicular or pedestrian traffic on adjacent rights-of-way.

(b)

All repair of boats and equipment shall occur within an enclosed building.

(c)

Outdoor dry boat storage, if provided, shall be kept from view of adjacent residential uses by section 25-134, screening.

(d)

The display of boats or other similar items on the top of a building is prohibited.

(e)

The marina and any accessory uses shall comply with all applicable federal, state, and city laws and regulations, and, where applicable, any requirements established by the Army Corps of Engineers.

6.

Retail sales and personal services.

i.

Check cashing. No check cashing use shall be located within one thousand (1,000) feet of another check cashing use, a casino/gambling hall, a sexually-oriented business, a tobacco or vape shop, a liquor store, or a residential use in a residential district.

ii.

Funeral home.

(a)

Outside display of merchandise is prohibited.

(b)

All loading and unloading activities, except during funeral proceedings, shall occur in an off-street loading space that is screened from view from the public right-of-way and any adjoining properties.

iii.

Laundry and dry-cleaning retail facility. A laundry and dry-cleaning retail facility shall not be operated in the same building as a residential use.

iv.

Liquor store. No liquor store use shall be located within one thousand (1,000) feet of another liquor store use, a casino/gambling hall, a check cashing establishment, a tobacco or vape shop, a tattoo establishment, a sexually-oriented business, or a residential use in a residential district.

v.

Plant nursery/greenhouse. In the DP and DHE districts, all sales activities shall be conducted within an enclosed building.

vi.

Retail sales establishment. Except in the HC district and the industrial districts, retails sales of building supply materials shall not include the use of saws of the type used in sawmills or large or noisy woodworking equipment. However, small power saws suitable for trimming lumber may be used inside an acoustically insulated building if the saw is properly grounded to prevent electrical interference.

vii.

Self-service storage.

(a)

The use of a rented storage space for purposes other than dead storage is prohibited.

(b)

The use of a rented storage space as a dwelling or as premises for the purpose of assigning a legal address is prohibited.

(c)

A maximum of one dwelling unit may be included as an accessory use for use by a security officer or resident manager and shall be integrated into the building's design.

(d)

Open storage of recreational vehicles or travel trailers and dry storage of pleasure boats of the type customarily maintained by persons for their personal use are allowed if they comply with the following standards:

(1)

Open storage shall occur only within a designated area, which shall be clearly delineated.

(2)

The size of the open storage area shall not exceed twenty-five (25) per cent of the buildable area of the site.

(3)

Outdoor storage areas shall be located to the rear of the principal structure and screened from all adjacent property classified in a residential district by a solid fence, wall, or hedge at least six (6) feet in height.

(4)

Storage shall not occur within the areas set aside for minimum building setbacks.

(5)

No dry stacking of boats shall be permitted on-site.

viii.

Sexually-oriented business. No sexually-oriented business use shall be located within one thousand (1,000) feet of another sexually-oriented business use, a casino/gambling hall, a check cashing establishment, a school, a tattoo establishment, a tobacco or vape shop, a liquor store, or a residential use in a residential district.

ix.

Tattoo establishment. No tattoo establishment use shall be located within one thousand (1,000) feet of another tattoo establishment use, a casino/gambling hall, a check cashing establishment, a school, a tobacco or vape shop, a liquor store, or a residential use in a residential district.

x.

Tobacco or vape shop. No tobacco or vape shop use shall be located within one thousand (1,000) feet of another tobacco or vape shop use, a casino/gambling hall, a check cashing establishment, a sexually-oriented business, a tattoo establishment, a liquor store, or a residential use in a residential district.

xi.

Vehicle-mounted or tent-sheltered retail.

(a)

All vendors shall have a business license issued by the city.

(b)

Food sales are permitted on the site only in accordance with the requirements that apply to the mobile food vending unit temporary use.

(c)

All exterior lighting shall comply with article VI, division 6, exterior lighting standards.

(d)

The vendor shall provide garbage receptacles and other facilities to prevent nuisances.

(e)

The vehicle or tent and all signage used in connection with the use shall meet the setback, size, and location standards which apply to principal commercial structures in the zoning district and shall not be permanently affixed to the ground.

(f)

The maximum size for a single tent is four hundred (400) square feet.

(g)

No vehicle or tent larger than fifty (50) square feet in area shall be operated on any one premises for more than forty-five (45) days in a calendar year.

(h)

This use may be accessory to a principal use on the site.

7.

Vehicle sales and service.

i.

Heavy vehicle and farm equipment sales and rental. Each area used for outdoor storage or display of equipment shall comply with the following standards:

(a)

The area shall be no larger than one acre;

(b)

The area shall be well-drained and surfaced with crushed rock or another all-weather material capable of supporting the weight of the stored equipment; and

(c)

Equipment and parts that cannot reasonably be used to repair vehicles and farm equipment may not be stored outside an enclosed building.

ii.

Light vehicle fuel station.

(a)

Gasoline pumps and other service appliances shall be set back at least twenty-five (25) feet from a public street right-of-way.

(b)

The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.

(c)

The rental of storage or parking spaces is prohibited.

(d)

Within the LC & NC districts, the number of fuel pumps is limited to no more than eight.

iii.

Light vehicle repair.

(a)

All hydraulic hoists, pits, and lubrication, greasing, and repair equipment shall be entirely enclosed within a building.

(b)

No wrecked or dismantled vehicle shall be stored outside a building or a fenced enclosure for longer than two (2) weeks. Fenced enclosures used for wrecked or dismantled vehicle storage shall not exceed ten thousand (10,000) square feet in area and shall be screed from view from all public rights-of-way and adjacent residential uses in accordance with section 25-134, screening. No outdoor storage of tires and similar materials is permitted.

(c)

All outdoor areas used for maneuvering vehicles shall be permanently surfaced with asphalt or concrete.

iv.

Light vehicle sales and rental. Areas used for the storage of vehicles for sale shall be screened from all adjacent property classified in a residential district by a solid fence, wall, or hedge at least six (6) feet in height, and shall shield all lighting fixtures or deflect the fixtures so as to avoid light spillover onto or away from all adjacent property classified in a residential district.

v.

Ride-hailing or taxi service. In the D, DP, DHE, and UC districts, only low speed vehicle (LSV) taxicabs authorized by chapter 23, article I, division 5 of this Code may be stored on site. No vehicle shall be stored outside.

(Ord. No. 9572, § 2, 12-17-24; Ord. No. 9616, §§ 1, 2, 5-13-25)

a.

Industrial principal use table. Table V-4: principal use table for industrial uses, identifies the uses within the industrial use classification that are allowed by right, allowed as a conditional use, allowed as a special exception use, or prohibited within each zoning district. Use categories are described in subsection b. below. Use types are defined in section 25-31, definitions. Any use-specific standards are referenced in the right-most column of table V-4 and are located in subsection c. below.

Table V-4: Principal Use Table for Industrial Uses

P = Permitted by right   C = Conditional use permit required   S = Special exception use permit required
A = Allowed in PD district    blank cell = Prohibited use

b.

Description of industrial use categories.

1.

Extraction or production uses. The extraction or production category is characterized by activities related to the extraction of naturally occurring materials and the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, made for transfer to other plants, or made to order for firms or consumers. This use category includes artisanal production, breweries, extraction operations, light and heavy manufacturing uses, and slaughterhouses and stockyards. Uses may include the display or sale of goods on-site if they are a subordinate part of total sales. Relatively few customers come to the site. Accessory uses may include limited retail sales and wholesale sales, offices, eating or drinking establishments, employee recreational facilities, storage areas, repair facilities, truck fleets, and security and caretaker's quarters.

2.

Industrial services. The industrial services use category includes use types involving the repair or servicing of industrial or business machinery equipment, products, or by-products, and firms that service consumer goods for separate retail outlets. Few customers, especially the general public, come to the site. This use category includes laundry and dry-cleaning plant.

3.

Warehousing, freight movement, and wholesale sales uses. The warehousing, freight movement, and wholesale sales category includes uses involving the storage, movement, and distribution of goods. Goods are generally delivered to other firms or the final consumer. There is little on-site sales activity with the customer present. Use types include barge terminals, food storage processing, warehouse distribution and storage, and wholesale sales. Accessory uses may include offices, truck fleet parking, outdoor storage, maintenance areas, greenhouses (for plant nurseries), and repackaging of goods.

4.

Waste-related uses. The waste-related category includes use types receiving solid or liquid wastes from others for on-site disposal, storage, processing, or transfer to another location for processing or disposal, or uses that manufacture or produce goods or energy from the composting of organic material or reuse, recycling, or processing of scrap or waste material. Use types include composting facilities, recycling processing centers, salvage or junkyards, and sewage treatment facilities. Accessory uses may include offices, outdoor storage, recycling of materials, and repackaging and trans-shipment of by-products.

c.

Standards specific to industrial uses.

1.

Extraction or production.

i.

Artisanal production. In the D, DP, DHE, R, and UC districts, all fabrication, preparation, or production activities shall take place within an enclosed building.

ii.

Distillery. A distillery shall comply with the regulations of the state alcoholic beverage control board.

iii.

Slaughterhouse or stockyards.

(a)

The use shall be at least one mile from a residential use or a residential zoning district.

(b)

The facility must have all required federal, state, county, and city licenses and permits.

(c)

All byproducts from the operation of the use shall be disposed of in accordance with applicable federal, state, county, and city regulations.

(d)

The use shall comply with the standards of chapter 10.8, article II, noise, of this Code.

(e)

The owner and operator of the use are responsible for the installation and maintenance of an odor control system that mitigates the impact of the use from nearby properties.

2.

Warehousing, freight movement, and wholesale.

i.

Wholesale sales. The wholesale sale of alcoholic beverages or perishable food is not permitted.

(Ord. No. 9572, § 2, 12-17-24)

a.

Procedure for interpreting unlisted uses. The director of planning shall make a determination of whether a particular principal use or accessory use or structure not expressly listed in the use tables is allowable in a particular zoning district, as a permitted or special exception use, based on the standards in this section and in accordance with the procedures in section 25-46, interpretation.

b.

Standards for allowing unlisted principal uses. The director of planning shall interpret an unlisted principal use as a permitted use or special exception use in a particular zoning district only after finding that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a use type or use category that is allowed in the zoning district that the unlisted use should be deemed allowed in the same manner (i.e. as a permitted use or special exception use) as the similar use type or use category and subject to the same use-specific standards. In making such interpretation, the director of planning shall consider the relevant characteristics of the unlisted use relevant to those of listed and defined use types and/or of the use categories described in this division, the purpose and intent statements in this ordinance concerning the zoning district, and the character of use types allowable in the zoning district. The relevant characteristics of the unlisted use that should be considered in making this interpretation include, but are not limited to, the following:

1.

Actual or projected characteristics of each activity likely to occur as part of the unlisted use;

2.

The type, size, orientation, and nature of buildings, and structures devoted to each activity;

3.

The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

4.

Vehicles used and their parking requirements, including the ratio of the number of spaces required per unit area or activity;

5.

Transportation demands, including the volume and frequency of trips generated to and from the site, the split of traffic volume among various means of transportation, and other characteristics of trips and traffic;

6.

Relative amounts of sales from each activity;

7.

The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building, and the predominant types of items stored;

8.

Customer type for each activity;

9.

How the use is advertised, including signage;

10.

The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;

11.

Any special public utility requirements for serving the use, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

12.

The impact on adjacent lands created by the use, which should not be greater than that of other use types allowed in the district.

c.

Effect of allowing uses not expressly listed as permitted, conditional, or special exception use. On interpreting a use or structure not expressly listed as allowed in a district in accordance with subsection b. above, and on finding that the use or structure is likely to be common or would lead to confusion if it remains not expressly listed, the director of planning may initiate an application for a text amendment to this ordinance in accordance with section 25-35, text amendment, to expressly list the use as a permitted, conditional, or special exception use, and to define the use, as appropriate. Until final action is taken on the text amendment application, the interpretation of the director of planning shall be binding.

(Ord. No. 9572, § 2, 12-17-24)

a.

Purpose. The purpose of this division is to authorize the establishment and continuation of accessory uses and structures, which are land uses and structures that are incidental and customarily subordinate to principal uses. This division is intended to allow a broad range of accessory uses as long as they are located on the same site as the principal use and comply with the standards in this division to reduce potentially adverse impacts.

b.

Accessory uses and structures generally allowed. Unless prohibited by another provision of this ordinance, accessory uses and structures that are allowed in accordance with table V-5: accessory uses and structures table, comply with the definition of "accessory use or structure" in section 25-31, definitions, comply with the standards in section 25-106, general standards for all accessory uses and structures, and if applicable, comply with the standards in section 25-107, standards specific to accessory uses and structures, and all other applicable standards in this ordinance, are permitted as accessory to a lawfully established principal use. In a residential zoning district, an accessory structure may not be located in a required front yard unless approved by the director of planning or specifically permitted.

c.

Organization of this division.Section 25-106, general standards for all accessory uses and structures, identifies the general standards that apply to all accessory uses and structures. Table V-5: accessory uses and structures table identifies the zoning districts in which particular accessory uses and structures are permitted, allowed by special exception permit, or not permitted, and identifies for each accessory use or structure, any specific standards that apply in accordance with section 25-107, standards specific to accessory uses and structures.

(Ord. No. 9572, § 2, 12-17-24)

a.

Abbreviations in accessory uses and structures table cells. Table V-5: accessory uses and structures table, uses the following abbreviations to identify whether an accessory use or structure is allowed in a particular zoning district and the procedure required to establish the use or structure:

b.

Reference to use-specific standards. A particular accessory use or structure allowed in a zoning district may be subject to additional standards that are specific to the particular use or structure. The applicability of such use-specific standards is noted in the right-most column of table V-5: accessory uses and structures table, through a reference to standards in section 25-107, standards specific to accessory uses and structures.

c.

Accessory uses and structures table.

Table V-5: Accessory Uses and Structures Table

P = Permitted by right  S = Special exception use permit required  blank cell = Prohibited use

(Ord. No. 9572, § 2, 12-17-24; Ord. No. 9616, § 3, 5-13-25)

a.

Except as provided in this section 25-106, in section 25-107, standards specific to accessory uses and structures, or where specifically authorized elsewhere in this ordinance, all accessory structures shall comply with the dimensional standards that apply to the principal use on the site.

b.

All accessory uses and structures shall:

1.

Comply with all applicable city, state, and federal regulations;

2.

Be customarily accessory and clearly incidental and subordinate to the principal use and structure;

3.

Be located on the same lot as the principal use or structure;

4.

Comply with the standards for the zoning district in which it is located;

5.

Comply with the development standards in article VI, development standards;

6.

Be located at least five (5) feet from any lot line in a required side or rear yard;

7.

Not cover more than thirty (30) per cent of the required rear yard; and

8.

Not be occupied as a dwelling except where specifically permitted by this ordinance.

c.

All proposed uses that extend beyond the acquisition line, such as docks or boat ramps, shall comply with section 18-86 et seq. of the city code and other applicable provisions of this Code.

d.

All proposed uses that impact navigable waterways such as the Black Warrior River shall comply with all federal, state, and city laws and regulations, including requirements established by the Army Corps of Engineers.

e.

In a residential zoning district, no accessory structure shall:

1.

Be located closer to a street than the principal structure;

2.

Be taller than the principal structure on the site; or

3.

Exceed the larger of six hundred (600) square feet of gross floor area, or forty (40) per cent of the principal structure's building floor area, whichever is larger.

f.

In a business or industrial zoning district, no trailer, manufactured home, recreational vehicle, or other vehicle or object eight (8) feet or greater in height shall be placed, displayed, maintained, or allowed to remain within twenty (20) feet of a public street right-of-way unless the landowner has received a special exception use permit, in accordance with section 25-39, special exception use permit. This restriction does not apply to items specifically authorized by this ordinance to be located in that area, such as a permitted or prior nonconforming permanent structure or sign.

g.

No accessory structure exceeding one hundred twenty (120) square feet shall be clad in aluminum or other sheet metal siding.

(Ord. No. 9572, § 2, 12-17-24)

a.

Accessory dwelling unit.

1.

In all districts, one additional off-street vehicular parking space shall be provided for the accessory dwelling unit, in addition to any off-street parking required for the principal use or uses on the site in accordance with article VI, division 2, off-street parking, bicycle parking, and loading standards.

2.

An accessory dwelling unit may not be used as a short-term rental use.

3.

The owner of the lot may not reside in the accessory dwelling unit and use the principal dwelling as a short-term rental use.

4.

In the D, DHE, and DP districts, the principal dwelling unit shall be used by the owner of the lot as a legal and permanent residence. For purposes of this paragraph, the owner's legal and permanent residence shall be evidenced by voter registration, vehicle registration, or in a similar way.

5.

In the MR-2, MR-1, GPD, and CN districts, an accessory dwelling unit shall additionally comply with the following standards:

i.

The maximum building footprint is six hundred fifty (650) square feet.

ii.

The accessory dwelling unit shall be separated by at least five (5) feet from any other building on the site.

iii.

The accessory dwelling unit shall comply with the minimum setback requirements that apply in the zoning district.

b.

Antenna.

1.

The standards in this section apply to all accessory antennas, except as otherwise provided by state or federal law.

2.

In all zoning districts except for residential zoning districts, or within a historic district, antennas not attached to a tower used for wireless telecommunication services may be installed on structures or mounted to the ground in accordance with the following standards:

i.

The antenna and its supporting structure, when attached to a nonresidential structure, shall not exceed twenty (20) feet in height measured from the base of the antenna;

ii.

The antenna shall comply with all applicable FCC and FAA regulations;

iii.

The antenna shall not extend into the air space above the public right-of-way or closer than ten (10) feet from the boundary of the lot on which the structure is located;

iv.

The support structure for the antenna and any facilities or equipment necessary for its operation shall comply with applicable building codes and receive all applicable permits;

v.

The antenna shall be and shall remain in compliance with current FCC standards concerning radio frequency emissions;

vi.

Satellite earth station antennas having a diameter greater than two (2) meters and Direct Broadcast Satellite (DBS) and Multipoint Multichannel Distribution Services (MMDS) antennas having a diameter greater than one meter shall:

(a)

If attached to a building, be placed to minimize their visibility from adjacent streets; or

(b)

If ground mounted to meet minimum setback requirements, be setback at least ten (10) feet from lot lines; and

(c)

Not be located in front yards unless visually screened from public rights-of-way.

vii.

A pole greater than twelve (12) feet in height used to support satellite dishes, television receiving antennas, or other antennas in nonresidential districts shall require a building permit to ensure safety of installation and shall not exceed twenty (20) feet in height.

3.

In residential districts, the following additional standards apply:

i.

A satellite dish, DBS and MMDS receiving antenna having a diameter greater than one meter shall be regulated as an accessory structure and issued a building permit prior to installation.

ii.

Microwave dishes shall be of mesh or open grid construction, whenever technically feasible, and be colored to minimize their visibility.

iii.

Signs shall not be allowed on any antenna.

4.

In residential districts, a satellite dish, DBS and MMDS receiving antenna having a diameter greater than one meter shall be permitted within the front yard and visible from a street on a property within a historic overlay district if the historic preservation commission finds, upon competent and substantial evidence in the record, that the dish or antenna cannot function if placed in a location not visible from a street, in accordance with chapter 20, article II, section 20-8 et seq., of this Code.

5.

A satellite dish antenna located on property within the exclusive use or control of the antenna user and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this subsection only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.

6.

Antennas shall not be placed in city rights-of-way without the written approval of the city.

c.

Automated teller machine. An automated teller machine may be physically attached to another structure such as a principal building.

d.

Auxiliary security or utility structure. An auxiliary structure may be located in areas within a required minimum setback in an industrial district as a special exception in accordance with the following standards:

1.

The structure is used as a gatehouse for security personnel or a utility shed containing valves, meters, and related equipment.

2.

The structure does not exceed four hundred (400) square feet in gross floor area.

3.

The structure is solidly constructed and maintained in good condition.

e.

Boat ramp. A boat ramp shall comply with all applicable federal, state, and city laws and regulations, and, where applicable, any requirements established by the Army Corps of Engineers.

f.

Composting, small-scale. All composting areas shall be located behind the principal structure on the lot and shall occupy no more than fifteen (15) per cent of the rear yard.

g.

Day care facility (accessory).

1.

In the D, DP, and DHE districts, day care facilities shall comply with the following standards:

i.

Day care facilities are allowed only as an accessory use to a commercial or institutional use.

ii.

Day care facilities shall comply with the standards governing loading and unloading activities, parking, and circulation for day care centers in section 25-100(c)(1)(i), day care center.

2.

A day care home or group day care home may operate as an accessory use to a dwelling, provided the day care home or group day care home:

i.

Complies with the minimum standards established by the state for a day care home or group day care home, as applicable;

ii.

Screens any outdoor play areas adjacent to a residential lot line by a six-foot solid fence or wall; and

iii.

Locates outdoor play equipment no closer than twenty (20) feet from any residential lot line, and not between the principal building and the front lot line.

h.

Dock. A dock shall comply with all applicable federal, state, and city laws and regulations, and, where applicable, any requirements established by the Army Corps of Engineers.

i.

Donation box.

1.

A donation box shall include a maximum of two (2) donation containers.

2.

Donation containers shall be emptied before reaching capacity.

3.

The owner of the property hosting the donation box and the organization that is responsible for the collection of the contents of the donation box shall be jointly responsible for maintaining the donation box and surrounding areas in a clean and orderly fashion. Any garbage, trash, debris, excess collected items, and other refuse material shall be promptly removed.

j.

Drive-through facility. A drive-through facility shall comply with the following standards:

1.

The site shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances. Vehicle stacking shall comply with section 25-125(a), drive-throughs and similar facilities.

2.

Canopies and other features installed over a drive through window shall maintain common roof lines and materials with the principal structure.

3.

In association with restaurant, quick-service:

i.

Except for property located between or directly adjacent to Lurleen B. Wallace Blvd. North and South, or property directly adjacent to 15th Street, drive-through as an accessory use is prohibited in the D, DP, DHE, R, and LC districts.

ii.

In the UC district, drive-through as an accessory use is permitted except for property located in the area bounded by Queen City Avenue on the west, Jack Warner Parkway on the north, Hackberry Lane on the east, and 12th Street on the south.

k.

Electric vehicle charging station.

1.

Parking spaces served by an electric vehicle (EV) charging station shall be reserved for the charging of electric vehicles only. Such reserved spaces shall be posted with signage identifying the spaces as reserved only for the charging of electric vehicles, the amperage and voltage levels, any enforceable time limits or tow-away provisions, and contact information for reporting non-operating equipment or other problems.

2.

The EV charging station and any associated equipment shall be located so as not to interfere with vehicle, bicycle, or pedestrian access and circulation, or with required landscaping.

3.

No equipment associated with an EV charging station, such as an electrical cabinet or the EV charging receptacle or stand, shall be located within a parking lot perimeter landscaping area in accordance with section 25-132(c), parking lot perimeter landscaping standards, or a buffer required in accordance with section 25-133, buffers.

4.

No sign associated with the charging station shall be larger than four (4) square feet in area.

l.

Group day care home. A group day care home may operate as an accessory use to a single-family dwelling provided the group day care home:

1.

Complies with the minimum standards established by the state for a group day care home;

2.

Screens any outdoor play areas adjacent to a residential lot line by a six-foot solid fence or wall; and

3.

Locates outdoor play equipment not closer than twenty (20) feet from any residential lot line, and not between the principal building and front lot line.

m.

Home garden. A home garden is not permitted between the principal building on the site and the front lot line.

n.

Home occupation. A home occupation shall comply with the following standards:

1.

No person other than members of the family residing on the premises shall be engaged in the home occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding three (3) square feet in area, nonilluminated, and mounted flat against the wall of the principal building.

4.

No unusual or expensive features shall be installed in an accessory structure which would have the effect of rendering it permanently ill-adapted for activities customarily accessory to a residence.

5.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the residential area where the home occupation is located, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a front setback.

6.

No home occupation shall use equipment or a process which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot, if the occupation is conducted in a single-family detached dwelling, or outside the dwelling unit if conducted in other than a single-family detached dwelling.

7.

No home occupation shall use equipment or a process which creates electrical interference affecting radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

o.

Ice vending machine.

1.

The ice vending machine shall be located at least twenty-five (25) feet from any lot line or public right-of-way.

2.

In the LC, NC, and UC districts, the ice vending machine shall be screened with landscaping on any side facing a public street or residential district. Plantings must be at least thirty-six (36) inches in height at the time of planting.

3.

The ice vending machine shall not obstruct pedestrian movement along sidewalks, public use areas, parking spaces, or building entrances.

4.

The ice vending machine shall not obstruct accessways in parking lots or any required off-street parking spaces.

p.

Modular structure as accessory use.

1.

Except for public K-12 school uses, a modular structure is allowed to be used as an office, storeroom, or a residence for an on-site security guard or employee, if the modular unit is approved as a special exception use permit in accordance with section 25-39, special exception use permit, of this Code, provided the modular structure is removed within thirty-five (35) days after the business on the site closes, and all conditional of approval for the special exception use permit are met.

2.

A public K-12 school use may use modular structures provided all requirements of the building code are met for maximum of one year. A public K-12 school may apply to the director of planning for additional extensions of up to one year if the director of planning determines the modular structures continue to be needed to further the school's educational mission.

3.

A private K-12 school may use modular structures, provided the modular structures do not impact required site features such as off-street parking and loading or buffers only following issuance of a special exception use permit in accordance with section 25-39, special exception use permit, for a maximum of one year. Any extensions of the use require a new special exception use permit.

q.

Outdoor seating. Outdoor seating as an accessory use shall comply with the following standards:

1.

The outdoor seating area shall not open earlier or end later than the hours of operation of the use that the outdoor seating is serving.

2.

Food preparation shall occur only within the enclosed principal building.

3.

No sound production or reproduction machine or device (including but not limited to musical instruments, loud-speakers, and sound amplifiers) shall be played in the outdoor seating area at volumes that disturb the peace, quiet, or comfort of adjoining properties.

4.

The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. A clear path at least five (5) feet wide shall be maintained to allow through public pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the establishment. A greater width may be required where necessary to ensure the safe and convenient flow of pedestrian traffic.

5.

No objects shall be placed along the perimeter of the outdoor sidewalk seating area that would have the effect of forming a physical or visual barrier discouraging the use of the sidewalk by the general public.

6.

Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating area shall be of sufficient quality, design, materials, and workmanship to ensure the safety and convenience of the users and compatibility with adjacent uses.

7.

The appropriate city permit shall be acquired before any outdoor seating area may be established or any outdoor seating use may take place within a public right-of-way.

r.

Outdoor storage.

1.

In the IG district, loose bulk material such as sand, gravel, sawdust, or coal may be stored outside an enclosed building except within covered containers, cribs, or tanks.

2.

Outdoor storage of tires is not permitted if the county health department identifies concerns about mosquito breeding or vermin harborage associated with the outdoor storage, or if the requirements of the fire code are not met. If permitted, no more than ten (10) automobile, truck, or tractor tires may be stored overnight outside a fully enclosed building on any premises located within five hundred (500) feet of a lot in a residential district or a residential use.

3.

In the HC district, outdoor storage for a use in the retail sales and services category that sells building supplies is permitted provided all stored items are screened in accordance with subsection 6. below. Outdoor storage for a use in the retail sales and services category that sells building supplies is prohibited elsewhere.

4.

Flammable liquids or gases in excess of one hundred (100) gallons shall be stored underground. All other flammable liquids should be kept away from external elements that could result in harm.

5.

No materials shall be stored in areas intended for vehicular or pedestrian circulation.

6.

An outdoor storage area shall be enclosed and screened with an opaque wall made of masonry material. The height of the wall or fence shall be sufficient to screen stored materials from view from public street rights-of-way, private streets, public sidewalks, and any adjoining residential development.

s.

Outdoor video display. An outdoor video display is allowed as an accessory use to a multifamily dwelling use or a development with a mix of multifamily and nonresidential uses in accordance with the following standards:

1.

The outdoor video display shall be integrated into the initial design of the multifamily dwelling use or mixed-use development.

2.

No image shown on the outdoor video display shall be plainly visible or legible for right-of-way or adjacent residential properties.

3.

Speakers shall be arranged to minimize the amount of sound that is audible off site, and shall be directed towards the buildings on the site on which it is located.

4.

Any changeable copy sign using an electronic, digital, or video display which malfunctions and fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing, or any similar effects, shall be restored to compliance with the requirements of this section within forty-eight (48) hours of the malfunction; however, if the city engineer considers the malfunction to be a hazard to the health, safety, and welfare of the public, the city engineer may order the sign to be turned off, disconnected, or disabled at any time during the malfunction.

t.

Personal service shops as accessory to housing for older adults. Establishments providing personal services (e.g. beauty and barber shops, nail salons, etc.), and other facilities that are accessory to housing for adults over age fifty-five (55) are permitted, provided they are designed and oriented to serve residents of the development and not the general public. No signage advertising personal services shall be established on the site in a location that may be seen from adjacent property or the public rights-of-way.

u.

Recycling collection area. A recycling collection area that is accessory to a multifamily dwelling or a commercial, institutional, or industrial use shall comply with the following standards:

1.

An outdoor storage area shall be enclosed and screened with an opaque wall made of masonry material. All recyclable material shall be stored inside appropriate receptacles which shall be emptied before reaching capacity.

2.

The recycling collection area shall be screened from all rights-of-way and adjacent properties by a solid fence, wall, or hedge at least six (6) feet in height.

3.

The recycling collection area shall be maintained in a clean and orderly fashion. Any garbage, trash, debris, excess items, and other refuse material shall be promptly removed.

v.

Sale of motor vehicle on private property.

1.

A person who owns or resides at a property may offer for sale one private motor vehicle at that property at a time. However, no person shall offer or allow to be offered for sale a motor vehicle, whether attended or not, upon any other private property within the city not properly zoned and licensed for the sale of motor vehicles.

2.

This section shall not prohibit a person from operating a vehicle that bears a "for-sale" sign on a public right-of-way or legally parking a vehicle in a public parking space for a period of time reasonably necessary for the person to accomplish a purpose unrelated to the display or offering for sale of the vehicle.

3.

In cases where the driveway, parking, or loading area extends behind the front façade of a building, the motor vehicle for sale shall be placed behind the building's front façade. In cases where improved driveways, parking, or loading areas are not present, motor vehicles for sale shall be located to minimize their visibility from streets or adjacent residential areas, to the extent practicable.

w.

Solar energy conversion systems, small-scale. A small-scale solar energy conversion system shall comply with the following standards:

1.

Solar energy equipment may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with section 25-106, general standards for all accessory uses and structures.

2.

A roof-mounted system may exceed the height standards of the district in which it is located by up to five (5) feet, or, in the case of an existing structure that exceeds the maximum height standards of the district in which it is located, the system may extend up to five (5) feet above the roof surface.

3.

Solar energy equipment shall be oriented so as to avoid casting glare onto adjacent lots.

4.

The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the system, and for recording any such solar easement with the county.

x.

Swimming pool.

1.

A swimming pool on private property in a residential district shall be for the noncommercial use of the resident's family and guests only.

2.

When accessory to a single-family detached, duplex, triplex, or quadplex, a swimming pool, including pumps and filters, may encroach into the required rear yard no more than six (6) feet from the rear lot line, and shall be located at least six (6) feet or the required side yard depth from a side lot line, whichever is greater, but may not be located within a required front yard.

3.

Any permanently constructed swimming pool, or any temporary or inflatable pool which can be filled to a depth greater than eighteen (18) inches, shall be enclosed by a fence or wall that complies with the following standards:

i.

The fence or wall shall extend from the surface to a height of at least six (6) feet.

ii.

Basketweave, split rail, and other decorative fences which can be easily scaled by a child are prohibited. Any braces or frames which could afford a child footholds or handholds shall be on the pool side.

iii.

A self-closing and self-latching gate or door, with the mechanism out of reach of children, shall be used.

iv.

No door or window of a multifamily dwelling may be incorporated into the pool enclosure unless the door or window contains features to prevent access to the pool such as a window barrier or other features in accordance with this subsection 3.

(Ord. No. 9572, § 2, 12-17-24; Ord. No. 9616, § 4, 5-13-25)

a.

Purpose. The purpose of this division is to authorize the establishment and continuation of certain temporary uses and structures that are of limited duration.

b.

Organization of this division. Table V-6: temporary uses and structure table, sets forth the allowable temporary uses. Section 25-110, general standards for all temporary uses and structures, sets out general standards that apply to all temporary uses and structures. Section 25-111, standards specific to temporary uses and structures, sets out the standards that apply to specific temporary uses and structures.

(Ord. No. 9572, § 2, 12-17-24)

a.

Abbreviations in temporary use and structure table cells. Table V-6: temporary uses and structure table, uses the following abbreviations to identify whether a temporary use or structure is allowed in a particular zoning district and the procedure required to establish the use or structure:

b.

Reference to use-specific standards. A particular temporary use or structure allowed in a zoning district may be subject to additional standards that are specific to the particular use or structure. The applicability of such use-specific standards is noted in the right-most column of table V-6: temporary uses and structure table, through a reference to standards in section 25-111, standards specific to temporary uses and structures.

c.

Temporary uses and structures table.

Table V-6: Temporary Uses and Structure Table

P = Permitted by right  T = Temporary use permit required  S = Special exception use permit required  Blank cell = Prohibited use