Except as hereinafter provided, the regulations set by this zoning ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Not withstanding nonconforming uses as herein defined, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof, shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations as specified herein for the district in which it is located.

Unless otherwise specified by this zoning ordinance, every principal building hereafter erected or moved shall be located on a separate lot and in no case shall there be more than one principal building and three permitted accessory buildings on all lots under three acres. There shall be allowed one additional accessory building for every acre over three acres. Industrial operations located in the M-1 Industry District shall be exempted from this provision.

(Res. No. 2013-14, 12-2-2013)

The regulations set forth in this article, or set forth elsewhere in this zoning ordinance when referred to in this article, are the regulations that apply to the zoning districts as they are established in Section 3.1. The general intent of these districts is outlined as follows:

5.2.1. A-O Agricultural—open district

The purpose of the A-O Agricultural—Open District is to provide a zoning classification for land which is not expected to experience urbanization in the immediate future. The types of uses, area and intensity of the uses of land which are authorized in this district are designed to encourage and protect agricultural uses until urbanization is warranted.

5.2.2. R-A Residential agricultural district

The purpose of the R-A Residential Agricultural District is to establish and preserve low-to-medium density areas where agriculture is the primary land use. Residences, which may or may not be incidental to these activities, are also permitted. This district should generally be free from other uses, which are incompatible with low-to medium density agricultural and residential use.

5.2.3. R-1 Low density residential

The purpose of the R-1 Low Density Residential District is to provide for low density residential uses. The principal use of land is for single household dwellings and related land uses and facilities, to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, open space for dwellings and related facilities and through consideration of the proper functional relationships of each element.

5.2.4. R-2 and R-2.5 medium density residential

The purpose of the R-2 and the R-2.5 Medium Density Residential Districts is to provide for medium density residential uses on smaller lots with reduced setbacks. The principal use of land is for single-household and small multi-family residential units and their related land uses and facilities, as may be conditionally approved, to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. The uses allowed in the R-2 and R-2.5 are the same; however to accommodate existing residential neighborhoods, the R-2.5 district allows a smaller lot width and area than the R-2 district.

5.2.5. R-3 Multifamily residential

The purpose of the R-3 Multifamily Residential District is to provide for residential uses that accommodate more than one housing unit on a single lot where access to the public transportation network, public water supply and an appropriate means of wastewater treatment and disposal can be made available to support multiunit development. The principal use of land is for residential structures normally associated with higher population densities, including apartments, boarding houses, condominiums and the like, and related land uses and facilities, as may be conditionally approved, to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, open space for dwellings and related facilities and through consideration of the proper functional relationships of each element.

5.2.6. CS—Conservation Subdivision

The purpose of the CS Conservation Subdivision District is to provide a development option that permits flexibility of design in order to promote the preservation of natural and/or historic resources and aesthetic amenities; minimize the impact of structural development on the land; provide public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood; encourage street designs which reduce traffic speeds and reliance on major arteries; and preserve prime agricultural and forest lands and reduce the economic pressures for converting such land to urbanized uses. A Conservation Subdivision is a development of land, occupying 10 contiguous acres or more, that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages. The development may cover more than one parcel as long as all parcels are contiguous, but the entirety of each included parcel shall be included in the gross area of the development. A Conservation Development requires a certain amount of permanently protected Open Space and does not require minimum lot or yard sizes. A Conservation Development must be clearly indicated as such on its Preliminary and Final Plats.

5.2.7. R-MHP Manufactured home park

The purpose of the R-MHP Manufactured Home Park district is to provide for development of a single lot or tract of land for the location and placement of manufactured housing units that may or may not be individually owned. It is the intent of this zoning ordinance that these Districts may be located only in such areas as to not adversely affect the established residential subdivisions and residential densities in the city. Such location, however, shall have necessary public services, a healthful living environment and normal amenities associated with residential zones of the city. It is further the intent of this zoning ordinance that no manufactured home site subject to potential flooding be approved.

5.2.8. R-MHS Manufactured home subdivision

The purpose of the MHS Manufactured Home Subdivision District to provide areas for properly planned Manufactured Home Subdivisions in which lots are offered for sale and in which the purchaser receives fee simple title to the lot. It is the intent of this zoning ordinance that these Districts may be located only in such areas as to not adversely affect the established residential subdivisions and residential districts in Union Springs. It is further the intent of this zoning ordinance that no manufactured home site subject to potential flooding be approved.

5.2.9. CBD Mixed Business District

The purpose of the CBD Mixed Business District is to provide for the continued development of the traditional, downtown, central business core in Union Springs. Appropriate uses in this district shall typically rely on pedestrian access, and shall include retail, office, banking, insurance, government, food service, and personal services, and upper story residential uses. Development within this district should be compatible with the context, character, scale, and density of adjacent activities, which typically are characterized by lot line to lot line construction, lack of on-premise, off-street parking for all but residential uses, and combined uses within buildings and properties.

5.2.10. B-1 Local business

The purpose of the B-1 Local Business District is to serve the convenience of nearby and/or adjacent residential areas with everyday retail and personal service needs. No use permitted in this district shall be dangerous, offensive, or detrimental by reasons of the emission of dust, gas, smoke, noise, fumes, glare, odor, vibration, or constitute a chemical, fire or explosion hazard. Commercial uses permitted in the B-1 District shall not be of a type that causes undue traffic congestion in a residential neighborhood. Areas considered suitable for inclusion in an B-1 District shall have direct access to a public thoroughfare.

5.2.11. B-2 Highway business

The purpose of the B-2 Highway Business District is to provide relatively spacious areas for the development of vehicle-oriented traffic access and visibility from State highways, and existing and proposed primary arterial roads. The B-2 District is intended to encourage those commercial activities that function relatively independent of pedestrian traffic and proximity of other commercial establishments. These districts are appropriate for the fringes of existing high intensity retail districts and along major thoroughfares.

5.2.12. M-1 Industry

The purpose of the M-1 Industry District is to provide locations for industrial, service and limited commercial uses, except those which would cause noise, smoke, gas, vibration, fumes, dust or other objectionable conditions which could affect a considerable portion of the city. It is intended that each property so used provide the space necessary to accommodate the vehicles of all workers in the use, to store overnight all vehicles incidental to operation of the use, and for the loading or unloading of all vehicles or trucks incidental to the operation of the use. Heavy industrial uses, as may be conditionally approved by the Union Springs planning commission, shall be located only in areas directly accessible from U.S. or State Highways and arterial roads. The M-1 District seeks to encourage the formation and continuance of a compatible environment for similar types of industry and discourage any encroachment by residential developments or other uses capable of adversely affecting, or being affected by the industrial character of the district.

5.2.13. PUD Planned unit development

The purpose of the PUD Planned Unit Development District is to provide a method by which proposals for a unique development which is not provided for or allowed in the zoning districts otherwise established by this chapter may be evaluated. The standards and procedures of this district are intended to promote flexibility of design and permit planned diversification and integration of uses and structures, while at the same time retaining in the planning commission the absolute authority to establish such limitations and regulations as it deems necessary to protect the public health, safety, and general welfare.

(Res. No. 2013-14, 12-2-2013)

Uses allowed in each zoning district are determined from the Table of Uses which identifies the uses that are permitted, uses that are permitted by special exception, uses that are permitted on a conditional basis, uses that are subject to statutory review, and the uses that are not permitted in each of the zoning districts. Uses shall be governed by conditions set forth in the following categories:

5.3.1. Use Limitations

Each of the use districts as defined and established in Section 3.1 shall be subject to specific regulations regarding uses permitted, uses permitted by special exception, conditional uses, uses subject to statutory review, uses not permitted, required lot area and width, yard setbacks, and maximum building height. Although a use may be permitted according to specified procedures in a particular district, such use may not necessarily be permitted on every parcel of land in the district. A use may be permitted only if it can meet all of the standards of this ordinance and other applicable codes, ordinances and regulations.

5.3.2. Classification of uses

This zoning ordinance recognizes the limitations of a finite listing of use classifications as utilized in Section 5.3.4. Therefore, the zoning administrator is empowered to make interpretations so as to classify any questioned use within a use classification of most similar impact and characteristics. Appeals of such interpretations may be made to the Board of Zoning Adjustment as outlined in Section 15.4.

5.3.3. Unclassified Uses

In the event the zoning administrator receives application for permitting of a use that is not listed or that cannot appropriately fit a use listed in Section 5.3.4, the following procedure shall apply: a. If compatible with the existing use district intent, the unclassified use may be permitted as a special exception by the zoning board of adjustment pursuant to Sections 15.3.5 and 15.6. b. If the unclassified use would not be compatible with the intent of the existing use district, the zoning administrator shall make a determination of the most appropriate use district, and require the applicant have the property rezoned, and special exception granted by the zoning board of adjustment pursuant to Sections 15.3.5 and 15.6 before granting approval. c. Following final action on the unclassified use per above paragraphs, the planning commission may initiate an amendment to this ordinance to list the newly permitted use in the most appropriate district(s).

5.3.4. Table of uses

(Res. No. 2013-14, 12-2-2013)

The area, yard, height and other dimensional requirements specified in the table below are established for the various districts defined by this zoning ordinance, subject to Article 8: Supplementary Requirements. The minimum area, yard, height and other dimensional requirements vary by development type and are individually specified in the table. The Bullock County Health Department and/or the Alabama Department of Public Health may require a greater lot area for approval of on-site septic waste disposal systems.

(a) Except for dwellings listed in Section 5.5 (accessory dwelling, patio/garden home, townhouse, and multiplex).

(b) Except for dwellings listed in Section 5.5 (accessory dwelling, patio/garden home, townhouse, multiplex, and apartment).

(c) Lots must be of sufficient size to provide adequate space required for the normal operation of the uses permitted.

(d) Lots must be of sufficient size to provide adequate parking and loading space as outlined in Article 9, in addition to the space required for the other normal operation of the uses permitted.

(e) No setback — the property line is a required build-to line.

(f) Adjacent to a residential district only, the wider distance will prevail.

(g) On corner lots this distance shall be doubled.

5.4.1. Building Height measurement

When a building is located in a flood zone identified on a FEMA rate map, building height limits shall be measured from a point two feet above the base flood elevation as determined by FEMA provided that no habitable space or living space is located below the measurement point elevation. Automobile parking may be located under structures elevated above flood hazards provided that such elevation is sufficient to accommodate parking and the space is designed in a fashion that will not impede water flow or elevate the base flood elevation. Any structure which exceeds 35 feet in height will require a site plan and approval from the fire marshal which states that the fire district has reviewed the plans and that the fire department's equipment and training can adequately fight a fire on the site.

5.4.2. Required Buffers

Where a commercial use abuts a residential district, a minimum buffer of 25 feet shall be provided adjacent to the residential district. Such space shall be screened from the abutting residential district by planted berms, walls or fences or by other screening not less than six feet in height, in a manner acceptable to the Union Springs planning commission.

The side yard building setback line on each side of the lot shall be not less than 25 feet as measured from the side lot line to the nearest building or structure except in instances where a light industrial use abuts a residential district, in which case a minimum side yard of 100 feet shall be provided on the side adjacent to the residential district. Such space will remain open and unoccupied by any other structure or uses and will be screened from residential district by a fence not less than six feet in height.

The rear yard building setback line shall be not less than 50 feet except in instances where an industrial use abuts a residential district, in which case a rear yard of not less than 100 feet shall be provided. Such space shall remain open and unoccupied by any structure or use. Where an industrial use backs upon a railroad spur, a rear yard may not be required.

(Res. No. 2013-14, 12-2-2013)

The uses identified in Section 5.3: District Use Regulations as subject to supplemental use regulations, namely Patio/Garden Homes, Townhouses, Multiplexes, Apartments, Accessory Dwellings, and Combination Dwellings, shall comply with the following requirements.

NOTES:

Patio/Garden Homes

1.

No more than two contiguous patio/garden homes shall be connected.

2.

If 0' lot line construction is utilized, a 30-inch easement shall be required on adjacent lot to facilitate maintenance. All architectural overhangs or decorative features shall be restricted to 18 inches.

3.

Privacy fencing shall be required at front wall of structure and rear, but shall not block drainage or restrict access for fire protection. The maximum fence height shall be eight feet.

4.

Side yard requirement shall be 15 feet at end units abutting a street.

5.

Each patio/garden home shall have on its own lot with one yard containing no less than 400 square feet, exclusive of driveway and/or parking.

Townhouses

1.

No more than six contiguous townhouses shall be built in a row with same front line; and, no more than 12 townhouses shall be built contiguous. For groups of townhouses of more than six units, the required difference in the front line shall be a minimum of three feet.

2.

All end units shall have a minimum side yard of 10 feet. No building complex shall be closer than 20 feet to any other structure.

Apartments

1.

A distance of at least 15 feet shall be required between all apartment unit buildings.

2.

All apartment buildings shall be set back a minimum of 10 feet from all parking areas and street.

3.

At least 10 percent of the site area, but not less than 2,000 square feet, shall be improved for recreational use of the residents, exclusive of parking, drives and sidewalks.

4.

Parking must meet the requirements of Article 9 of this zoning ordinance.

Occupancy of the accessory dwelling shall be limited to household servants or immediate family members of the resident of the principal dwelling. Immediate family member shall include only a person who is a naturally or legally defined offspring, spouse, parent, grandparent, sibling, aunt, or uncle.

The floor area of the accessory dwelling shall be at least 300 square feet and shall not exceed 25 percent of the floor area of the principal dwelling. If attached to the principal dwelling, the accessory dwelling shall maintain the appearance of the principal dwelling, and shall not create additional entrances toward the front of the property. If detached from the principal dwelling, the accessory dwelling shall be limited to the rear of the principal dwelling or within the upper floor of a garage, and shall be so placed as to avoid objectionable views from the street and surrounding properties.

The use shall be conducted within a single family residence. The building shall maintain the exterior appearance of a single family residence, with no separate outside entrances to individual bedrooms. The family care home shall be sponsored by a public or non-profit organization; and all state licensing requirements shall be met.

No storage space shall exceed 400 square feet in area and one story in height. Each storage space shall be served by an all weather surface which is properly graded and drained and having a minimum width of 15 feet for each direction of travel. The entire site shall be kept lit with security lighting throughout. All exterior lights shall be shielded to focus and direct light onto the uses established and away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.

It is the purpose of this section to establish a process that enables and facilitates review of those uses identified as conditional uses in these regulations in order to determine the appropriateness of a particular conditional use in a given location.

5.6.1. Authorization

The planning commission may, under the prescribed standards and procedures contained herein, authorize the construction or initiation of any conditional use that is expressly permitted as a conditional use in a particular zoning district; however, the city reserves full authority to deny any request for a conditional use, to impose conditions on the use, or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.

5.6.2. Public Hearing

The planning commission shall hold a public hearing on the application for a Conditional Use Permit. The zoning administrator shall, upon determination that an application for a conditional use permit complies with all submission requirements, receive the application and schedule it for public hearing by the planning commission. Notice of such public hearing shall be given 15 days in advance of the public hearing. Notification shall include the following:

a.

Posting of a sign on the property with the date, time and location of the public hearing; and

b.

Notices sent by regular mail to the owner, subdivider or his agent and all adjoining landowners as their names appear upon the plats in the Bullock County Revenue Commissioner's Office. The planning commission shall consider the application and render a decision at the conclusion of the public hearing unless it is determined that action must be deferred to allow for additional input and review.

5.6.3. Submission Requirements

All conditional uses where listed in the Table of Uses in Section 5.3.4 shall require the submission of an application to the planning commission. Such application shall be filed with the zoning administrator by the property owner or the authorized agent of the property owner at least 30 days prior to the date on which the application is scheduled to be heard by the planning commission. No request for conditional use approval shall be considered complete until all of the following has been submitted to the zoning administrator:

a.

Application Form. The application shall be submitted to the department on forms to be provided by the department. The application shall be signed and, if not signed by the property owner, shall be accompanied by a notarized affidavit that the applicant is authorized to act in the owner's behalf.

b.

Plans and Specifications. Each application shall be accompanied by an accurate site plan, drawn to scale, identifying: the current off-street parking available on the site; any new proposed parking layout; ingress to and egress from the site; area of the site; existing uses on the site, including the location and floor area of all buildings; and such other information as the zoning administrator may reasonably require. Any supplementary information, exhibits, plans or maps which are to accompany and constitute part of the application shall be submitted to the zoning administrator at the time of filing the application. Three copies of all such documents shall be required for distributional purposes.

c.

Application Fee. The applicant shall be required to pay an application fee according to the current schedule of fees established by the City of Union Springs for the particular category of application. This fee shall be nonrefundable irrespective of the final disposition of the application.

5.6.4. Standards for approval

A conditional use may be approved by the planning commission only upon determination that the application and evidence presented clearly indicate that all of the following standards have been met:

a.

The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the Union Springs Comprehensive Plan, these regulations, or any other official plan, program, map or regulation of the City of Union Springs;

b.

The proposed use shall be consistent with the community welfare and not detract from the public's convenience at the specific location;

c.

The proposed use shall not unduly decrease the value of neighboring property;

d.

The use shall be compatible with the surrounding area and not impose an excessive burden or have a substantial negative impact on surrounding or adjacent uses or on community facilities or services.

5.6.5. Restrictions

In the exercise of its approval, the planning commission may impose such conditions regarding the location, character, or other features of the proposed use of land or buildings as it may deem advisable in the furtherance of the general purpose of these regulations.

5.6.6. Validity of plans

In approving the Conditional Use Permit, the Union Springs planning commission may designate such conditions, which will assure that the use in its proposed location will be harmonious and with the spirit and intent of this zoning ordinance. All such additional conditions shall be entered in the minutes of the meeting at which the Conditional Use Permit is granted and also on the Conditional Use Permit. All conditions shall run with the land and shall be binding on the original applicant for the Conditional Use Permit, the heirs, successors and assigns. In order to ensure that such conditions and requirements of each Conditional Use Permit will be fulfilled, the petitioner for the Conditional Use Permit may be required to provide physical improvements required as a basis for the issuance of the Conditional Use Permit.

5.6.7. Effective Date of approval—issuance of permit

Planning Commission approval shall become effective thirty days from the date of the public hearing at which approval is granted. No building permit shall be issued prior to the effective date of approval. The building permit shall be issued subject to all conditions and requirements stipulated by the planning commission.

5.6.8. Failure to Comply

In the event of failure to comply with the plans approved by the Union Springs planning commission, or with any conditions imposed upon the Conditional Use Permit within a reasonable time in the opinion of the Union Springs zoning administrator, the permit shall become void and of no effect. No building permits for further construction or Certificate of Occupancy / Compliance under the Conditional Use Permit shall be issued, and the use of all completed structures shall immediately cease and not thereafter be used for any purpose other than a use-by-right as permitted by the zone in which the property is located.

5.6.9. Site Plan required

At the discretion of the Union Springs zoning administrator, site plans, as outlined in Section 14.3 may be required to be submitted and approved as part of the application for a Conditional Use Permit. Modifications of the original plans may be made by the planning commission. Site Plans may be required to include the location of existing and proposed buildings and buildings 100 feet adjacent thereto, layout of parking spaces, street lights, signs, contours at 10-foot intervals, proposed points of ingress and egress, proposed screenings or plantings, provisions for water and sewer disposal and vicinity map.

(Res. No. 2013-14, 12-2-2013)

The planning commission shall review the character, location and extent of any public street, square, park or other public way, ground, open space or building or structure, or any major utility project, whether publicly or privately owned, in accordance with Section 11-52-11 of the Code of Alabama, 1975, as amended. The purpose of such review shall be to determine whether or not such projects are consistent with the goals and policies of the Union Springs Comprehensive Plan. The planning commission's findings and recommendations shall be transmitted to the city council. Failure of the planning commission to act on a submission within 60 days from the date of such submission shall be deemed to be approval of the project.

(Res. No. 2013-14, 12-2-2013)

In certain zoning districts, it is necessary to apply design standards or guidelines in lieu of, or as supplemental to, other dimensional or area requirements. Such design standards may be allowed in planned unit developments, conservation subdivisions, manufactured housing subdivisions, overlay districts and certain other districts requiring site development approval prior to their establishment. In these districts, the planning commission may approve development plans which specify such design standards, provided such standards are part of a site development plan approved by the planning commission.

Design standards may include specific guidelines or requirements for:

a.

Streets, alleys and sidewalks, public and private;

b.

Building setbacks and yards, including build-to lines for specific building placement;

c.

Allowable or prescribed building densities in units per acre or square feet per area of site;

d.

Building heights;

e.

Location and character of building openings and porches;

f.

Location and character of wall openings and open versus solid walls;

g.

Location and character of landscaping, signage, parking, lighting and site furnishings;

Design standards shall supersede other dimensional or area requirements except in cases which would conflict with public health, safety and welfare as specified in the zoning ordinance. Design standards must be specified as part of an approved development plan and such approval may be appealed to the Zoning Board of Adjustment as a variance from the zoning ordinance or special condition.

(Res. No. 2013-14, 12-2-2013)