Weaver City Zoning Code

ARTICLE IV.

SPECIAL USE PROVISIONS

Sec. 1. - Nonconforming uses and structures.

1.1

Purpose of provisions. Within the zoning districts established by this ordinance or by subsequent amendments to this ordinance, there exist lots, structures, uses of land and structures, and characteristics of use which were lawfully created, established, or constructed before this ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or of subsequent amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed or discontinued, but not to actively encourage their survival. It is further the intent of this ordinance to assure that nonconformities shall not be enlarged, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. Nonconforming status runs with the land; i.e., a change in ownership or tenancy does not terminate the nonconforming status of a lot and/or structure.

1.2

Incompatibility of nonconforming uses. Nonconforming uses are declared by this ordinance to be incompatible with the permitted uses in the zoning districts in which they are located. A nonconforming use of land, of structure, or of land and structure in combination shall not be extended, enlarged, or otherwise intensified after passage of this ordinance either by additions to any existing structure or by the addition of other uses of the property which would be generally prohibited in the district in which such use is located.

1.3

Avoidance of undue hardship. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building upon which actual construction was lawfully initiated prior to the effective date of adoption of or amendment to this ordinance.

1.4

Single nonconforming lots of record. A lawfully recorded single lot of record which does not meet the minimum area, width, length, or frontage requirements of the zoning district in which it is located at the effective date of adoption of or amendment to this ordinance may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district, provided:

Minimum space and height requirements of the lot shall conform as closely as possible to the applicable standards for the district.

Requirements for yards and setbacks, accessory buildings and uses, and off-street parking and loading spaces shall conform as closely as possible to the applicable standards for the district.

Variance for area, dimensional, and other requirements shall be obtained only through action of the board of adjustment as authorized in article VII, section 5.3 of this ordinance. A variance shall only be required where the proposed structure cannot be designed to comply with the applicable dimensional requirements of the zoning district.

Such lot must not have continuous frontage with other lots in the same ownership that could be combined to eliminate the nonconformity.

1.5

Procedure to cure nonconforming lots of record. If two or more lots or a combination of lots and portions of lots are continuous, have continuous frontage, are in single ownership, and are of record at the time of passage of or amendment to this ordinance, and if all or part of the lots do not meet the minimum space and height standards of this ordinance, the land involved shall be considered to be an undivided parcel for the purpose of this ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the minimum space and height standards. Nor shall any existing lot of record be divided in a way that would create a lot that does not comply with the applicable minimum space and height standards of this ordinance. Nothing in this provision shall be interpreted to prevent the adjustment of an adjoining lot line or the resubdivision of a lot so combined, where sufficient land area exists to establish more than one conforming lot.

1.6

Nonconforming structures. Where, at the effective date of adoption of or amendment to this ordinance, a lawful structure exists that could not be built under the terms of this ordinance by reason of not complying with minimum dimensional requirements or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided:

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than 50 percent of its appraised value immediately prior to damage, it shall be reconstructed only in conformity with the provisions of this ordinance.

Should such structure be voluntarily relocated for any reason for any distance whatsoever, it shall thereafter conform to the requirements or standards for the district in which it is located after it is moved. This provision shall not be interpreted to prohibit the replacement of a pre-existing, nonconforming manufactured home or mobile home, as long as the replacement manufactured home complies with all applicable requirements specified in article IV, section 3 of this ordinance and the replacement manufactured home is placed in the exact location of the previous home or a more conforming location on the lot.

1.7

Nonconforming uses of land, structure, or land and structure in combination. Where, at the time of adoption of or amendment to this ordinance, lawful uses of land, structure, or land and structure in combination exist which, under the terms of this ordinance, would not be permitted in the zoning district in which they are located, the uses may be continued so long as they remain otherwise lawful, provided:

No such nonconforming uses, nor structures devoted to nonconforming uses, shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of or amendment to this ordinance.

No such nonconforming uses, nor structures devoted to nonconforming uses, shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption of or amendment to this ordinance.

No additional structures shall be erected in connection with such nonconforming uses.

If any such nonconforming uses are discontinued for a period of more than one year, any subsequent use of the land and/or structure formerly devoted to such nonconforming uses shall thereafter conform to the requirements or standards specified by this ordinance for the zoning district in which such land and/or structure is located.

If any nonconforming use is replaced by a permitted use, any subsequent use of the land and/or structure formerly devoted to such nonconforming uses shall thereafter conform to the requirements or standards for the district in which it is located, and the nonconforming use may not thereafter be resumed.

A nonconforming use may change to a new nonconforming use, provided the new use is more consistent with the permitted uses of the district in which it is located and is less objectionable and generates fewer external impacts on neighboring uses and properties than the previous nonconforming use. In determining whether the new use would be in greater conformity with this ordinance, impact criteria such as, but not limited to, the following shall be evaluated:

The degree to which traffic generation and congestion, including truck, passenger car, and pedestrian traffic would be reduced.

The degree to which external noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, or vibration would be reduced.

The degree to which the nature of the new use or business activity is consistent with other business uses permitted in the district.

Where nonconforming use status applies to land and structure in combination, removal or destruction of the structure to the extent of more than 50 percent of its appraised value immediately prior to damage shall terminate the nonconforming status of the structure but shall not terminate the nonconforming status of the land.

1.8

Repairs and maintenance.

On any structure devoted entirely or in part to a nonconforming use, work may be done on ordinary maintenance, including remodeling, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided the cubic content of the structure, as it existed at the effective date of this ordinance or subsequent amendment, shall not be increased.

On any lot devoted entirely or in part to a nonconforming use, work may be done on ordinary maintenance, repair, or replacement of parking and loading areas, signs, lighting, fences, walls, and related exterior amenities, provided the extent of those amenities shall not be increased or rearranged.

Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or exterior amenity declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Sec. 2. - Group homes.

Group homes shall be conducted within a building that is consistent or compatible with the character of the district in which it is located.

2.1

No exterior changes incompatible with residential character. A group home located in a single-family or two family residential district shall be conducted within a building that shall maintain the exterior appearance of a single-family dwelling, with no separate outside entrances to individual bedrooms.

2.2

Group homes in multifamily and nonresidential districts. A group home in a multifamily or business district may be conducted in a building other than a single-family dwelling, provided that the group home conforms to the characteristics described in the definition of "group home" in article II of this ordinance.

2.3

Compliance with all applicable state laws. Where applicable, the group home shall provide evidence that it will operate in compliance with any state licensing requirements.

Sec. 3. - Manufactured homes.

All manufactured homes shall comply with the following requirements prior to occupancy:

3.1

H.U.D. seal required. Prior to installation, each manufactured home shall bear a seal certifying compliance with the Manufactured Home Construction and Safety Standards Act promulgated by the U.S. Department of Housing and Urban Development. Any lawfully existing mobile home or manufactured home not bearing such seal shall be deemed a nonconforming structure and shall be treated as a nonconforming structure and use in accordance with the regulations established in section 1 of this Article.

3.2

Anchoring requirements. All manufactured homes shall be set up, installed, and anchored in full compliance with the requirements of the Alabama Manufactured Housing Commission. Each manufactured home site shall be properly prepared for set up and installation as may be necessary and appropriate to prevent the accumulation of standing water or the drainage of stormwater runoff beneath the manufactured home.

3.3

Skirting required. All manufactured homes shall be skirted with a weather-resistant material which resembles siding materials commonly found on a single-family dwelling. Exterior siding should not have a high-gloss finish and should be residential in appearance, including, but not limited to, clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbed, or corrugated methal or plastic panels. Concrete block or brick and mortar foundation walls, constructed in compliance with all applicable building code requirements, shall be the preferred method of skirting. The exterior siding material must extend to the groung except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Where the space beneath a manufactured home that is to be enclosed by skirting is not completely covered by a concrete pad, then a ground vapor retarder of 6 mil rated polyethylene sheeting or greater shall be installed over the entire area enclosed by skirting. All skirting shall be adequately vented.

3.4

Axles and tow bars removed. Once a manufactured home has been placed on an individual lot, all tow bars and axles shall be removed and stored in a location on the lot where they cannot be seen from the street, neighboring homes, or adjoining properties.

3.5

Access to exterior entrances. Immediately after installation and prior to occupation, steps and a landing or porch shall be constructed at each raised exterior entrance or doorway to the manufactured home. At a minimum, the front or main entrance to a manufactured home shall be served by a stairway (not less than three feet in width) leading to a landing or porch not narrower than five feet in depth (as measured outward from the exterior of the structure) nor shorter than eight feet in length (centered along the entranceway) and containing a railing along all exterior edges of the landing and stairway. A stairway (not less than three feet in width) with exterior railings shall be erected at all other exterior entrances to the manufactured home. All required stairways and landings/porches shall be constructed of pressure treated wood or brick materials, or some combination of both. Required railings may be constructed of pressure treated wood or metal materials.

3.6

Sanitary facilities. Each manufactured home shall contain at least one shower or tub, a flush toilet, a lavatory, hot and cold running water, and a central source of heat for the occupants thereof.

3.7

Landscaping. All manufactured homes located on individual lots (not in a manufactured home park) shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation or skirting of each manufactured home.

3.8

Orientation. When sited on an individual lot (not in a manufactured home park) each manufactured home shall be oriented on the lot so that it meets all setback and area requirements of the zoning district. Wherever possible, the unit shall be located with its long axis parallel with the street.

3.9

Minimum width. When sited on an individual lot (not in a manufactured home park) each manufactured home shall be at least 12 feet in width.

3.10

Fuel storage facilities. All fuel oil supply systems serving a manufactured home that is sited on an individual lot (not in a manufactured home park) shall be constructed and installed within the foundation wall or underground in accordance with all applicable building and safety codes, except that any bottled gas tanks may be fenced or screened so as not to be clearly visible from the street or abutting properties.

3.11

Number allowed. Not more than one manufactured home shall be permitted on any individual lot that is not located within a manufactured home park.

3.12

Use limitations. No manufactured home may be used for any purpose other than as regulated for residential use herein except in a nonresidential zoning district as provided below:

As an office and storage for parts at a legally licensed manufactured home sales lot by the owner, real estate office, or sales office.

A temporary construction office or a temporary residence at a construction job site provided that such use shall cease when a certificate of occupancy is issued.

Campaign headquarters, to be removed immediately after election day.

Showing of exhibits or special products for a period not to exceed 14 days.

For special sales or promotions by civic or nonprofit organizations, to be removed on a specified date.

3.13

Compatibility with adjoining residential properties. While the City of Weaver acknowledges and accepts its responsibility to promote a wide range of affordable housing styles for its residents, it also must recognize that manufactured homes are a distinct type of housing that can, under certain circumstances, alter or disrupt the stability of property values and character of established residential neighborhoods that consist predominantly or exclusively of site-built single-family detached dwellings. Such disruptions can be especially severe in neighborhoods that consist of historic homes that represent and reflect a specific architectural style and character or that consist of uniformly high value dwellings, relative to the value of a standard manufactured home. In these special neighborhoods, the city's responsibility to provide siting flexibility for manufactured homes must be reasonably tempered and balanced by the city's competing responsibility to maintain the character, architectural integrity, and property value stability of established single-family residential neighborhoods. Therefore, manufactured homes may be permitted only in full compliance with the following special conditions:

The proposed manufactured home will not be located on a vacant lot that is within a designated local, state, or federal historic district or a vacant lot that is adjacent to one or more structures that have been listed on or are eligible for addition to the National Register of Historic Places;

The combined value of the proposed manufactured home and the property upon which it will be sited shall not be less than 90 percent of the average fair market value of all adjoining properties that have been improved for single-family residential use, according to the property value records maintained by the county tax assessor's office;

No manufactured home shall be utilized as a parsonage on or adjacent to a lot containing a church; and

Each manufactured home shall comply with all applicable dimensional requirements and minimum standards for dwellings required for the subject zoning district in which it will be located.

3.14

Storm shelter. Each manufactured home site shall have at least one FEMA approved underground storm shelter, capable of accommodating at least one person for each bedroom contained in the manufactured home.

(Ord. No. 2018-01, 4-10-2018)

Sec. 4. - Home occupations and cottage industries.

4.1

Home occupations. A home occupation may consist of any accessory business use that fully complies with all of the standards contained in this section. No home occupation shall be allowed in any multifamily dwelling. A home occupation shall not include barbershops, beauty shops, doctors' or dentists' offices for the treatment of patients, solid waste facilities, junk or scrap metal shops, automobile repair shops or garages, or food processing/packing operations.

4.2

Cottage industries. A cottage industry may consist of any accessory business use, except barbershops, beauty shops, doctors' or dentists' offices for the treatment of patients, solid waste facilities, junk or scrap metal shops, automobile repair shops or garages, or food processing/packing operations, that fully complies with all of the standards contained in this section. Cottage industries may be permitted only within the agricultural zoning district.

4.3

Standards applicable to both home occupations and cottage industries. The following standards shall apply to both home occupations and cottage industries:

The home occupation or cottage industry must be owned and operated by the owner of the dwelling within which or property upon which such business use is to be located, or the business owner must have written approval of the owner of the premises, if the applicant is a tenant.

The home occupation or cottage industry shall be operated only by the members of the family residing in the principal dwelling located on the lot upon which such business use will be located.

The home occupation or cottage industry shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

The home occupation or cottage industry shall not generate smoke, glare, vibrations, electrical disturbance, radioactivity, or other conditions that will be a nuisance to the surrounding area. The home occupation shall not involve the use of any equipment or process that creates visual or audible interference on any radio or television receivers on the premises or that causes fluctuations in line voltage off the premises.

The home occupation or cottage industry shall not generate any business or customer traffic (either by the business operators or customers) between the hours of 8:00 p.m. and 7:00 a.m.

At least three, but no more than five, off-street parking spaces shall be provided for the home occupation or cottage industry.

No home occupation or cottage industry shall require the use of more than one vehicle for exclusive use of the business. Any vehicle used for such business that has attached to its surface a trademark, business advertisement, or other device that represents the business use shall not be parked along the street or within the required front yard setback of the property.

No sign shall be allowed to advertise the home occupation or cottage industry.

4.4

Standards applicable to home occupations. The following standards shall apply to only home occupations:

All business operations, activities, and transactions associated with the home occupation shall be conducted entirely within the dwelling unit. No business operations, activities, or transactions shall be conducted in any portion of the dwelling not approved for home occupation use by the city.

The home occupation shall not occupy more than 25 percent of the total dwelling unit floor area. In no instance shall the total floor area devoted to a home occupation exceed 500 square feet.

The home occupation shall not cause or result in any change in the outside appearance and residential character of the dwelling unit.

The home occupation shall not generate more customers to the home at any point in time than can be accommodated in the improved off-street parking area on the property, and in no instance shall the total customer traffic at the home exceed more than three vehicles at a time.

The home occupation shall not produce any vibrations, noises, or odors that may be discernable by the average person outside of the dwelling unit.

All equipment, materials, and products of the home occupation, with the exception of one vehicle intended for business use, shall be safely and securely stored inside the dwelling unit at all times.

The home occupation and dwelling unit shall comply with all applicable building and fire codes. Home occupations will not be permitted in any dwelling unit in which the primary residential use does not fully comply with the applicable requirements for the zoning district within which it is located.

4.5

Standards applicable to cottage industries. The following standards shall apply to only cottage industries.

No cottage industry shall be permitted on a lot smaller than three acres in total land area.

All business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building on the same lot. No activities associated with a cottage industry, including materials storage, shall be located or conducted within an accessory building that is more than 50 feet from the closest part of the principal dwelling or less than 50 feet from an adjoining property line. No business operations, activities, or transactions shall be conducted in any portion of the dwelling or lot not specifically approved by the city for cottage industry use.

The cottage industry shall not occupy a total area greater than 40 percent of the total dwelling unit floor area or 800 square feet, whichever is less.

The cottage industry shall not cause or result in any change in the outside appearance or character of any structure on the lot.

The cottage industry shall not produce any vibrations, noises, or odors that may be discernable by the average person beyond the boundaries of the lot.

All equipment, materials, and products of the cottage industry, with the exception of one vehicle intended for business use, shall be safely stored inside a secured structure on the lot.

The cottage industry and dwelling unit shall comply with all applicable building and fire codes. Cottage industries will not be permitted in any structure which does not fully comply with all applicable requirements for the zoning district within which it is located.

4.6

Expiration of permit. A permit for a home occupation or cottage industry shall expire under the following conditions:

Whenever the applicant ceases to occupy the structure or lot for which the home occupation or cottage industry permit was issued. No subsequent occupant of such premises shall engage in any home occupation or cottage industry until a new permit has been issued for the proposed business activity. A permit to operate a home occupation or cottage industry is not transferable to a new residence or lot.

Whenever the holder of a home occupation or cottage industry permit ceases operation of the permitted business activity for any period of 90 consecutive days.

When the owner of a permitted home occupation or cottage industry is issued a notice of violation of this ordinance, the owner shall cease and desist from all business operations until such time as the enforcing officer has verified, through on-site inspection, that the violation has been remedied. Failure to cease and desist from all business operations, in accordance with this provision, shall constitute a separate violation. If the owner fails to comply with a cease and desist order, or the violation has not been remedied within 15 days of the date that the notice of violation was issued, the home occupation or cottage industry permit and business license shall expire and no resumption of business activities associated with such business may occur without first obtaining a new permit and business license.

Sec. 5. - Off-street parking requirements.

5.1

Basic design requirements for parking lots. Required parking spaces, as set forth below, shall provide not less than 250 square feet of total parking lot area per space and shall be located entirely off of street rights-of-way. Each individual parking space shall be at least nine feet in width and 18 feet in length. Required spaces shall have an all-weather surface, an unobstructed maneuvering space, and access lanes of adequate width leading to a street or alley. Overflow or reserve parking areas in excess of the minimum spaces required herein may be constructed of permeable surface materials, including gravel, crushed stone, or other porous pavement materials designed to serve the anticipated intensity or frequency of overflow parking and to prevent excessive soil erosion. Except for one- and two-family dwellings with access from local or minor collector streets only, maneuvering and turning areas shall be provided so that no vehicles will be required to back into a street. Only vehicles in operating condition shall be allowed to occupy these spaces. The following identifies the minimum number of automobile parking spaces for specified uses. Where a particular use is not specifically mentioned, the requirements of a similar or related use shall apply. Where more than one use will be conducted on a specific site, the site shall satisfy the combined requirements of all specified uses. The board of adjustment may modify the minimum required number of off-street parking spaces for any expansion of an existing use or creation of a new use in an established building within the city's traditional central business district, where such modification will promote revitalization and adaptive reuse of buildings within the central business district and will not result in excessive parking demands on neighboring properties. Required parking spaces shall include spaces designated for people with disabilities, the number and design of which shall be in accordance with the standards set forth by the Americans with Disabilities Act.

Automobile service stations. Three parking spaces for each grease rack, vehicle lift, or similar facility, plus one for each attendant.

Bowling alleys. Four parking spaces for each alley.

Churches, theatres, auditoriums, stadiums or other places of public assembly. One parking space for every four seats in the principal assembly room or area.

Dwellings. Two parking spaces per dwelling unit, except that residential structures containing three or more dwelling units shall have 1½ parking spaces per unit.

Hospitals, sanitariums or nursing homes. One space for each four beds intended for patients, plus one space for each staff member employed during the peak work shift.

Manufactured home parks. Two parking spaces located on each manufactured home site, plus one-half parking space per site to be located so as to serve the parking needs of visitors to the park and of occupants who have more than two automobiles. However, for each manufactured home space that fronts along a private road that does not provide through-traffic service, the minimum space required for each off-street parking space on the lot shall be reduced to 102 square feet, and the requirement to provide off-street space for vehicle turn-around without backing into the street shall be waived.

Motels and hotels. One parking space for each room leased for guest accommodation, plus one additional space per full-time equivalent employee during the peak work shift.

Private club or lodge. One space for every five members.

Offices, or professional or public buildings. One parking space for each 300 square feet of gross floor area or four parking spaces for each separate office or work cubicle, whichever is greater. Travel lanes for drive-through services shall not be included in the minimum area required for the parking lot.

Private club or lodge. One space for every ten members.

Restaurant or other eating place. One parking space for every two seats. Travel lanes for drive-through services shall not be included in the minimum area required for the parking lot.

Retail or services. One parking space for each 300 square feet of gross floor area devoted to trade or service activity (including inventory storage space and administrative office space). Travel lanes for drive-through services shall not be included in the minimum area required for the parking lot.

Roominghouses, boardinghouses, and bed and breakfast inns. One parking space for each rental room, plus two spaces for each resident manager unit.

Schools. One parking space for each administrative employee working at the school. Two parking spaces for each classroom serving students below grade ten. One parking space for every five students of classroom seating capacity for each classroom serving students in grade ten or higher.

Shopping centers. Four parking spaces for each 1,000 square feet of area devoted to trade or service activity.

Warehousing, manufacturing, and industrial establishments. Three parking spaces for every two employees working during the peak work shift.

Wholesale establishments. One parking space for every 1,000 square feet of gross floor area.

5.2

Plans and specifications required for off-street parking spaces. Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, shall be submitted to the enforcing officer for review at the time of application for a zoning permit.

5.3

Location of parking spaces.

Except for one- and two-family dwelling units, if required parking spaces cannot be provided on the same lot on which the principal use is conducted, such spaces may be provided on adjoining off-street property, provided that the required spaces are located no further than 400 feet from the main entrance of the principal use. Such parking spaces shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

Parking spaces designated for use by people with disabilities shall be located in close proximity to the main entrance of the building with which they are associated, in accordance with the standards set forth by the Americans with Disabilities Act.

Up to 50 percent of the parking spaces required for (a) theaters, public auditorium, bowling alleys, dance halls, night clubs or cafes, and up to 100 percent of the parking spaces required for a church auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that written agreement thereto is properly executed and filed as specified below.

No off-street parking shall be permitted in the required front yard of any residential zoning district, except upon a driveway providing access to a garage, carport or parking area for a dwelling.

5.4

Truck parking restrictions. No commercial vehicle with a rated capacity exceeding 1.5 tons shall be permitted to park in any residential district, unless it is stored in a fully enclosed accessory garage or storage shed.

5.5

Joint use of off-street parking areas. Nothing in this ordinance shall be construed to prevent the joint use of an off-street parking area or facility by two or more buildings or uses if the total of such spaces, when used together, shall not be less than the sum of the requirements for the various individual uses or buildings computed separately. In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney and shall be filed with the application for a building permit, recorded at the applicant's expense in the office of judge of probate, and shall be in full force and effect until released by resolution of the planning commission.

5.6

Landscaping. All paved surface parking lots containing more than 100 parking spaces shall incorporate, within the paved area, landscaped islands constituting not less than ten percent of the total paved portions of the parking lot. The area of any required islands shall not be counted as part of the required minimum parking area for the off-street parking lot. Landscaped islands shall be distributed broadly throughout the parking lot and designed to provide sufficient unpaved area to support healthy plant growth and root structures. Each landscaped island shall also be designed to accommodate at least one shade tree, which shall be not less than ten feet tall at planting. Shrubs, flowers, and other ornamental plants or ground cover shall be incorporated into the landscaping on each island. Special consideration shall be given to native plants and trees when selecting vegetation and additional consideration shall be given to the location of trees and tall shrubs with respect to aboveground power lines, light poles, and other possible obstructions, to prevent the need for excessive pruning as the trees and shrubs grow and mature.

5.7

Plans and specifications required for off-street loading and unloading spaces. Plans and specifications showing required loading and unloading spaces, including the means of ingress and egress and interior circulation, shall be submitted to the enforcing officer for review at the time of application for a zoning permit.

5.8

Off-street loading and unloading.

All commercial and industrial structures hereafter erected or created are required to provide and maintain adequate off-street space for loading and unloading of materials, goods, or things, and for delivery and shipping. Such off-street space shall be designed so that service and delivery vehicles may use this space without encroaching on or interfering with public use of streets and alleys by pedestrians and other vehicles. All such structures are also required to have sufficient off-street parking space for all vehicles owned, controlled, or rented by such establishment.

Where any commercial or industrial structure is enlarged, or any such use is expanded, the full amount of off-street loading space shall be provided and maintained for the structure or use in its enlarged size.

Where the use of a structure or land, or any part thereof, is changed to a use requiring off-street loading space under this article, the full amount of off-street loading space shall be provided and maintained to comply with this section.

Off-street loading space shall be an area at least 12 feet wide by 45 feet long with 14½ feet of vertical clearance. Off-street loading spaces shall be provided and maintained in accordance with the following schedule:

For each retail store, market, restaurant, funeral home, laundry, dry cleaning plant, or similar use which has an aggregate floor space of:

Less than 5,000 square feet: No off-street loading required, but no permit will be issued without off-street loading until the enforcement officer has approved the plot plan of the proposed structure;

Five thousand square feet to less than 10,000 square feet: One space of off-street loading is required;

Ten thousand square feet to less than 20,000 square feet: Two spaces of off-street loading is required;

Twenty thousand square feet to less than 30,000 square feet: Three spaces of off-street loading is required;

d.[e.]

Thirty thousand square feet or more: Four additional off-street loading spaces is required.

For each auditorium, convention hall, exhibition hall, hotel, office building, stadium, sanitarium, or similar use which has an aggregate gross floor area of:

Less than 10,000 square feet: No off-street loading required, but no permit will be issued without off-street loading until the enforcement officer has approved the plot plan of the proposed structure;

Ten thousand square feet to less than 40,000 square feet: One space of off-street parking is required;

For each additional 50,000 square feet, or fraction thereof, over 40,000 square feet: One additional off-street loading space is required.

For each storage warehouse, wholesale establishment, industrial plant, freight terminal, or similar use which has an aggregate gross floor area of:

Five thousand square feet to less than 40,000 square feet: One space of off-street parking is required;

Forty thousand square feet to less than 100,000 square feet: Two spaces of off-street parking is required;

Each 75,000 square feet over 100,000 square feet: One additional space of off-street parking is required.

3.[4.]

For any use not specifically mentioned herein, the off-street loading requirements specified above for the most similar use shall apply.

No area or facility supplied to meet the required off-street parking facilities shall be utilized for or deemed to meet the requirements of this article for off-street loading facilities.

Nothing in this article shall prevent the collective, joint, or combined provision of off-street loading facilities for two or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.

Plans for buildings or uses requiring off-street loading facilities under the provisions of this article shall clearly indicate the location, dimensions, clearance, and access of all such required off-street loading facilities.

5.9

Emergency vehicle access. The enforcing officer shall require, at the specific request of the police chief or fire chief, separate additional emergency vehicle access lanes, if deemed necessary to provide for adequate emergency vehicle access to the principal structures on the property. Where required, emergency vehicle access lanes shall be located as close as possible to the main entrance of the principal structures of the property, shall be at least 15 feet in width, and shall be visibly designated for exclusive emergency use, either by painting, appropriate signage, or both.

5.10

Continuing character of obligation. Required off-street parking and loading spaces associated with newly erected or altered buildings or newly established uses of land shall be a continuing obligation of the owner of said building or land so long as the structure or use exists or its use requiring such parking or loading facilities continues. Apart from the discontinuance, sale, or transfer of the building or use, it shall be unlawful for said owner to discontinue, change, dispense with, or cause the discontinuance or change of the required vehicle parking or loading space without establishing alternative vehicle parking or loading space which meets the requirements of and is in compliance with this ordinance; or for any person to use a building or lot without providing vehicle parking or loading spaces which meet the requirements of and are in compliance with this ordinance.

5.11

Lighting. All lighting installed in within parking facilities (including canopy lighting for gasoline station pump islands) shall be shielded or otherwise directed to prevent glare on adjoining properties or streets.

Sec. 6. - Accessory residential units.

Technological and medical advances have made it possible for people to live longer lives and to live more independently than ever before. At the same time, a declining number of children must provide care and support for an expanding elderly population, despite increased work demands to make ends meet. The City of Weaver understands the demands faced by working adults, and seeks to provide an option for families to provide special and convenient care for elderly and handicapped members. The purpose of this section is to establish basic standards for the development of accessory residential units to provide a semi-independent living environment for family members who require special care and support from the primary household. Such a unit would provide greater privacy and personal freedom than an added bedroom within the primary dwelling, but would not create an additional independent living unit that would alter the character of the original single-family structure and the surrounding neighborhood. However, nothing in this section shall be interpreted to require the creation of an accessory residential unit to provide in-home care for an elderly or handicapped family member. Accessory residential units shall be allowed only for single-family dwellings, excluding manufactured homes. Where permitted, all accessory residential units must comply with all of the following requirements.

6.1

Incomplete facilities for exclusive personal use. The purpose of this provision is to provide opportunities for families to provide essential on-site care and support for elderly and handicapped members, not to provide opportunities for families to create independent rental units for general leasing. Therefore, accessory residential units must be designed to prevent independent use. All accessory residential units must lack either complete kitchen facilities or bathroom facilities for exclusive personal use. An incomplete kitchen must lack either a convection oven/stove or a kitchen sink. An incomplete bathroom must lack either a toilet or shower/bathtub. The remaining kitchen or bathroom facilities necessary to serve the accessory residential unit must be provided within the primary dwelling unit. The applicant shall provide evidence that the sewage disposal needs of the additional accessory bedroom(s) can be satisfied by the existing sewage service. No separate meters for utility service shall be established or provided for any accessory residential unit.

6.2

Maximum floor area. Accessory residential units shall contain not more than 500 gross square feet or 25 percent of the total improved floor area of the primary residential dwelling, whichever is less.

6.3

Leasing agreement prohibited. No accessory residential unit shall be leased to a tenant through any formal leasing agreement or contract. Any reimbursement arrangements for use of the unit or support services provided to the tenant shall be on an informal and incidental basis.

6.4

Contained within primary dwelling. An accessory residential unit must be attached to (by a common wall) or contained within the primary dwelling unit on a property. No accessory residential or outbuilding on the lot may be used or modified to serve as an accessory residential unit. Not more than one exterior entrance to an accessory residential unit shall be permitted.

6.5

Limit on number of units. Where permitted, no more than one accessory residential unit shall be allowed per primary dwelling.

6.6

No change in character of structure. An accessory residential unit shall be designed to cause no apparent change in the exterior residential character or appearance of the primary dwelling unit.

6.7

Documentation of need. Accessory residential units are intended to serve specific family or household needs that would be better satisfied by the creation of a semi-independent living environment. Applicants who desire to construct an accessory residential unit shall submit a written statement to the enforcement officer describing the need that will be served by the accessory residential unit.

Sec. 7. - Sign regulations.

7.1

Purpose of sign regulations. The public has a legitimate interest and concern in the construction, maintenance, and regulation of outdoor advertising within the city. While Weaver acknowledges the legitimate public need for business visibility, local businesses must also recognize the legitimate public need for a beautiful and uncluttered community and the city's legitimate need to ensure safe traffic circulation on city streets. Local experience within Anniston, Gadsden, Atlanta, and Birmingham generally supports the contention that excessive, competing signage along public streets can create visual clutter, which makes it difficult for motorists to see traffic control and highway safety signs and to know where entrances to adjoining businesses are located. The city also has determined that excessive, competing signage can divert motorist attention from the highway, which contributes to traffic accidents. Therefore, Weaver has determined that it is desirable to prescribe the manner of sign construction and to compel the use of safe materials; limit the number, type, surface area, height, and location of signs; and require clean and sanitary maintenance of signs in order to protect and promote the public health, safety, and welfare of the community. Further, these sign regulations are intended to lessen hazards to pedestrian and vehicular traffic; preserve property values; prevent unsightly and detrimental development which has a blighting influence upon the community; and, in general, preserve the character and aesthetic quality of the various zones within the city.

7.2

Sign terms defined. The following sign terms, when used in this ordinance, shall have the meanings defined by this section:

Advertiser. Any person, corporation, or other entity that seeks to convey a visual or audio message to the public.

Animated sign. Any sign which all or any part thereof visibly moves, imitates movement, or changes appearance in any fashion whatsoever.

Balloon sign. Any device which is inflated by gas or air and intended to serve as a sign or to direct attention to a specific property or location.

Banner. A temporary sign intended to be hung either with or without a frame or suspended from wires, cables, or rope. Banners generally possess letters, characters, illustrations, or ornamentations applied to paper, plastic, or fabric. Banners shall include pennants, but shall not include official flags of a government entity or political subdivision.

Beacon orsearchlight. Any light with one or more beams (including laser beams), which may be stationary, moving, or rotating, directed into the atmosphere or directed at one or more points not on the same property as the light source.

Building nameplate. A small memorial plaque, usually composed of metal or wood, affixed flush to an exterior wall near the main entrance of a building and bearing the name of the building or occupant, the date of construction, and/or the persons, entities, or corporations that financed its construction.

Billboard. Any sign owned by a person, corporation, or other entity that is erected for the purpose of selling, leasing, or donating the display space on that sign to an advertiser.

Canopy. Any permanent roof-like structure projecting from the wall surface of a building or structure, generally located at or below the roof line and designed to provide shelter from the elements. A canopy shall include all structures commonly known as awnings and marquees.

Canopy sign. Any sign attached to or made part of the front, top, or side of a canopy.

Copy. The permanent or removable wording and/or graphics placed upon, painted upon, or bonded to the display surface of a sign.

Erect a sign. To build, construct, attach, hang, place, suspend, paint, or affix a sign.

Exempt sign. A sign made exempt from a sign permit, in accordance with subparagraph 7.4 (Signs exempt from sign permits) of this section.

Face. That portion of a sign upon which the copy is placed, attached, bonded, or painted.

Flashing sign. Any lighted sign or sign containing a reflective surface which changes color, twinkles, or flashes regularly or intermittently. Flashing signs shall not include signs displaying the current time and temperature, as permitted by the city council, or traffic control signs.

Freestanding sign. Any permanent sign that is either mounted independently upon the ground or supported by one or more columns or poles, and independent of support from any other building or structure on the site. Freestanding signs shall include, but shall not be limited to, all signs commonly known as ground signs, pole signs, pylon signs, A-frame signs, sandwich signs, and billboards.

Hanging sign. Any sign which is attached to and projects down or dangles from a roof, canopy, or projecting brace that is attached to the face of an exterior building wall.

Historic marker. A sign prepared in accordance with national trust for historic preservation guidelines and approved by the city council which identifies an historic landmark or district on the property. Such sign may contain a narrative describing the historic significance of the landmark or district.

Number of signs. For the purpose of determining the number of signs, each sign shall be considered a single display surface or display device containing elements organized, related, and composed to form a unit. Where copy is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign. A multi-sided sign shall be considered one sign.

Permanent sign. Any sign, other than a temporary sign, designed with a permanent display face. If a sign face is permanent but the copy displayed is subject to periodic changes, that sign shall still be regarded as permanent.

Portable sign. Any sign that is not attached to a stationary object or structure that has a footing or that is not implanted beneath the surface of the soil. Such signs are commonly mounted on wheels or a frame that rests upon the ground. Portable signs shall include vehicles or portions of vehicles upon which signs or sign copy have been affixed that are permanently parked or displayed in one or more locations to serve exclusively as a business advertisement.

Projecting sign. Any sign containing not more than two faces, that is affixed directly to the exterior wall of a building or structure or to a solid brace or frame that is attached to the exterior wall of a building or structure in such a manner that the sign face extends outward from the wall surface.

Roof sign. Any sign that is mounted upon, affixed to, or painted upon the roof of a building or structure or that extends above the building or structure roof line.

Sign. Any identification, structure, illustration, or device, illuminated or nonilluminated, that is visible to the general public and directs attention to a product, message, service, place, activity, person, institution, business, or solicitation. A sign shall also include any emblem, painting, flag, statue, banner, pennant, balloon, or placard designed to advertise, identify, or convey information to the public.

Sign area. That gross area, in square feet, of the advertising copy surface of a sign, as delineated by one continuous perimeter line, enclosing the extreme limits of the writing, representation, or other display. Where a sign contains multiple faces, only one face of the sign shall be used in computing the sign area.

Sign structure. Any construction used or designed to support a sign.

Snipe sign. A sign of any material that is attached in any way to a utility pole, tree, fence, rock, or other similar object located on public or private property. Snipe signs shall not include real estate, political, yard sale, "beware," "keep out," "posted," "private property," or "no trespassing" signs.

AA.

Temporary sign. Any sign fabricated of paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed for a limited duration. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

AB.

Traffic control sign. A sign or electronic device, such as a traffic signal or signs denoting stop, danger, handicap parking, one-way traffic, no parking, fire lane, etcetera, for the purpose of directing or regulating the movement of traffic and/or pedestrians.

AC.

Wall sign. Any sign displaying only one face that is mounted flat upon, affixed flat to, or painted upon an exterior wall surface of a building or structure and is located entirely below the roof line.

AD.

Window sign. A temporary sign placed inside or upon a building or structure window and intended to be seen from the exterior of the building or structure.

7.3

Required permits, fees, and inspections.

Except where this chapter explicitly exempts a sign, all signs erected shall require a zoning permit issued by the enforcement officer. In addition, whether a sign is exempt or not, city building and electrical codes may require additional permits. No zoning permit shall be required for routine maintenance or painting of a permitted or pre-existing, nonconforming sign, provided that such maintenance or painting activities do not alter the original format or appearance of the sign or result in any increase in the existing sign area or height of the sign.

Each zoning permit application for a sign shall include the following items:

Name, signature, and address of the property owner, authorized agent of the property owner, if any, and sign contractor.

Address of the property where the sign is to be erected.

Lot area, zoning, and principal land use(s) on the lot subject to erection of a sign.

A complete description of the sign(s) to be erected, including, but not limited to number, type, freestanding or attached, method of illumination, on or off-premises display, and setbacks.

A dimensioned sketch of the sign and a plot plan showing the location of each sign on the lot.

Other details sufficient for the enforcement officer to determine compliance with the requirements of this chapter.

The required application fee.

The applicable permit processing fee established by the city council shall accompany each application for a sign permit.

The enforcement officer shall inspect each sign authorized by permit to determine compliance with the permit application.

7.4

Signs exempt from zoning permits. The following signs are exempt from required zoning permits and all associated fees, only when designed, constructed, and sited in accordance with the standards contained within this section and any other applicable provisions of these sign regulations. All exempt signs are permitted in any district if accessory to a permitted activity on a lot.

Historic markers. Official historic marker signs designed or sanctioned by the national trust for historic preservation shall be allowed upon approval by the city council.

Traffic control signs. Such sign may include legal notices required by law; warning signs and no trespassing signs; identification, informational, or directional signs erected by any governmental agency or public utility. Unless specifically authorized elsewhere in this ordinance, these signs shall be the only signs that may be located within a street right-of-way.

Directional signs. Such sign may indicate bus stops, taxi stands, off-street parking or loading facilities; other signs required for the control of vehicular or pedestrian traffic; restroom identification and direction; drive-thru window direction; telephone identification; and similar directional information. Such signs shall not exceed four square feet in total sign area.

Flags. Any official flag of a government entity and banners of a religious, charitable or fraternal organization. This exemption shall include the supporting device or flag pole. However, no property shall display more than four flags at a time without prior approval from the city council.

Artistic displays. Such displays may include decorative or architectural features of a building; public art works, murals, or displays; statutes and sculptures that are not specifically commissioned to advertise a specific business activity or commercial product; antique, commemorative, or historically significant signs that are properly maintained; and similar artistic displays.

Real estate or rental signs. Each property may have up to one nonilluminated real estate or rental sign, containing a maximum of two sign faces in compliance with the following requirements:

The maximum sign area shall not exceed six square feet for signs in a residential zone or 12 square feet for signs in a nonresidential zoning district.

Multiple listing strips, sale pending, and sold signs shall be allowed when attached to the real estate sign, as long as the combined sign area does not exceed the maximum allowed in subparagraph "a" above.

One temporary on-premises "open house" or "open for inspection" sign, not exceeding three square feet in sign area, may be allowed per property. Similar off-premises signs for directional purposes shall be allowed within the public right-of-way at subdivision entrances or on other private properties with the consent of the property owner. These signs must be removed when the premises are no longer open for inspection.

All real estate signs shall be removed when ownership or occupancy of the property has changed and the property is no longer listed for sale, lease, or rent.

Construction site identification sign. Each construction site shall be allowed to erect not more than one nonilluminated, single face, temporary construction sign on a property which has been authorized for construction by the issuance of a zoning permit. Construction site signs shall not be allowed on properties where only one single-family or duplex home is to be constructed. Said sign shall be freestanding, and the sign area shall not exceed 12 square feet. Construction signs must be set back at least five feet from a street right-of-way line and at least ten feet from all other property lines. The sign may include the names of the persons and firms performing services or labor, or supplying materials for the construction project. Any temporary construction sign shall be removed before any building or structures built on the property may be occupied. Temporary construction signs for residential developments shall be allowed to remain erect until 75 percent of the total residential lots have been sold, or until a permanent identification sign has been erected, whichever occurs first.

Window signs. Properties not located within a residential zoning district (A-1, R-1, R-2, and R-3) may display window signs, provided that the sign area of any individual window sign shall not exceed 15 square feet and no more than 30 percent of the total surface area of any window may be obscured by window signs.

Political signs. Temporary political signs advertising campaigns of candidates for political offices or advertising, proposing, opposing, or relating views or positions upon a political question appearing or to appear upon an official election ballot may be erected in connection with elections or political campaigns. No political signs shall be allowed within or upon a public right-of-way. Within residential districts (A-1, R-1, R-2, and R-3) only one sign per candidate or political issue may be placed upon any single lot of record. Within all other regular zoning districts, not more than two signs per candidate or political issue may be placed on any single lot of record. The total sign area for any political sign shall not exceed six square feet. Political signs shall not be erected more than 90 days prior to the date of the election, whether general or special, for which the person or issue advertised will appear on the ballot. Such signs must be removed within 15 days after the date of the election or run-off election (if necessary) has occurred.

Garage or yard sale sign. A temporary sign advertising the sale of personal property on a lot may be erected on the lot where the sale is to take place. Such signs shall not exceed four square feet in sign area and shall be displayed only on the day immediately prior to and day(s) during which the sale is conducted.

Special event sign and decorations. A temporary sign indicating a special event such as a grand opening, traveling public exhibits, fair, carnival, circus, festival, personal announcements of births, marriages, birthdays, or similar events may be erected on the lot where the event is to take place, provided that such signs do not exceed the maximum applicable height and surface area requirements for the type of sign used and the sign is installed not more than 30 days prior to the event and removed not more than ten days after the event has occurred. Decorative flags, banners, and bunting shall be allowed only for city-wide celebrations, conventions, and commemorations when specifically authorized by the mayor and city council. This exemption also shall apply to decorative lights and displays celebrating any legal holiday.

Entrance/exit signs. Entrance and/or exist signs which have a maximum sign face length of three feet, a maximum sign face height of 1.5 feet, and a total maximum sign height of two feet. Only one entrance/exit sign shall be allowed per curb cut. Entrance/exit signs shall not be allowed in residential zones or for any single or two-family residential uses located within any zoning district.

Farm information sign. Such sign may include farm logos or product information affixed to vehicles, equipment, buildings, silos, and tanks, and similar nonfreestanding agricultural displays. Such signs shall be exempt from a zoning permit only within the A-1, agricultural zoning district.

Vehicle signs. Such sign may depict identifying name, business, product, service, logo, and similar information painted or otherwise affixed to a registered vehicle that is in operating condition and is used regularly for business transportation. This exemption shall not apply to vehicles or portions of vehicles that are permanently parked in one or more locations to serve exclusively as a business advertisement. Such vehicles or portions thereof shall constitute a portable sign under the context of these regulations.

Building nameplates. Not more than one nameplate per nonresidential building, which shall not exceed two square feet in total sign area.

Legal notices and official instruments. Legal notices and instruments required by a government or public regulatory entity to be posted or displayed shall be exempt from all aspects of these regulations.

Residential family name and/or house number signs. A sign of less than two square feet in area located on a parcel of property used for residential purposes, if that sign announces the name of the occupants or the street number of the property only.

7.5

Sign prohibitions. Except where qualified below, the following signs are specifically prohibited throughout Weaver:

Any sign or advertising structure which, by reason of location, position, shape, or color, interferes with, obstructs the view of, resembles, or can be confused with an authorized traffic control sign, signal, or device, or which incorporates the words "stop," "look," "danger," "turn back," or any other word, phrase, or symbol or character that would interfere with, mislead, or confuse motorists.

Any sign incorporating any noisy mechanical device (whistles, horns, sirens, or any other noisy audible devices) or emitting smoke or steam.

Any sign of any type or support thereof placed, extending, or projecting into or upon a public right-of-way, except as expressly authorized.

Animated or revolving signs.

Any sign located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private drives.

Any sign with illegal, obscene, or prurient words, scenes, or graphics.

Any sign that blocks another sign, fire escape, door, window, parking or loading aisle or space.

Any sign that is damaged or not in a structurally safe condition and good state of repair.

Roof signs.

Snipe signs.

Portable signs.

Reserved.

Banners, unless approved by the mayor or city council for a grand opening or a city-wide celebration, convention, or legal holiday.

Billboards.

Balloon signs.

7.6

Treatment of abandoned signs and signs advertising abandoned uses, products, or services.

Any sign copy or billboard copy identifying or announcing a use or business activity that has been abandoned, closed, or relocated, or which advertises a product, service, or entertainment the production, sale, or provision of which has been discontinued or canceled, shall be removed within six calendar months of the date of abandonment or discontinuance.

If a sign face is left blank for a continuous period of 120 days, that sign shall be considered abandoned, and within 30 days after abandonment the owner of the property where the sign is located shall cause the sign to be removed or replace the sign face or copy with an appropriate display or advertisement.

7.7

Nonconforming signs.

Grandfather status. Any permanent sign legally existing on or before the date of adoption of these regulations, or any future amendment thereto, that does not conform with the requirements of these regulations may be continued and maintained. All nonconforming portable or temporary signs shall be removed or replaced with a conforming sign within one year of the date of adoption of these regulations.

Alterations. A nonconforming sign shall not be rebuilt, expanded, or altered in a way that would increase the degree of nonconformity as it existed at the time the grandfather status was conferred. This requirement shall not be interpreted so as to prohibit proper maintenance of a nonconforming sign or changes to the copy of the sign that do not increase the existing degree of nonconformity.

Expiration. A nonconforming sign shall not be rebuilt or re-established after its use has been discontinued for a period of one calendar year, unless approved by the city council.

Damage repair. A nonconforming sign shall not be reconstructed or repaired to a nonconforming status if it has sustained damage exceeding 75 percent of the appraised value of the sign immediately prior to damage, unless approved by the city council. The appraised value of the sign shall be determined by the city council.

7.8

Dimensional requirements for permitted signs.

Canopy signs. In zoning districts where permitted, canopy signs shall be allowed on the vertical faces of any canopy, awning, or marquee that is located directly above a building entranceway. Under no circumstances shall the sign face or copy of any canopy sign be allowed to extend beyond the edges of the vertical face of a canopy, awning, or marquee. In addition, the following absolute dimensional requirements shall apply:

Maximum sign area per single canopy face: 12 square feet.

Total cumulative sign area for all sign faces on an individual canopy, awning, or marquee: 20 square feet.

Maximum sign face or copy height: two feet.

Maximum sign face or copy width: six feet.

Freestanding signs. In zoning districts where freestanding signs are permitted, each lot of record may have not more than one freestanding sign as an accessory structure to a principal use structure on the property. Freestanding signs shall be securely fastened to the ground or to some other metallic or concrete supportive structure so that there is no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. The city council may approve one additional freestanding sign for any existing lot of record that is accessed by more than one collector or arterial street on opposing sides of the property. Furthermore, if a development is located on a corner lot that has at least 200 feet of frontage on each of the two intersecting public streets, then the city council may allow not more than one freestanding sign along each side of the development site bordered by such streets. Freestanding signs shall be located as close a possible to the main traffic access to the property, but shall not be located closer than four feet to the right-of-way of a public street nor closer than ten feet to any property boundary. In addition, no freestanding sign shall be located less than 50 feet from another freestanding sign on the same side of the street or less than 100 feet from another freestanding sign on the same property. All freestanding signs shall comply with the following dimensional requirements:

Maximum sign area: The maximum sign area for each freestanding sign shall be determined by the floor area of the principal use structure in accordance with the following schedule. The sign area listed for each size category shall include the total area of the primary advertising face and any subordinate readerboard that may be attached to the sign structure.

Forty square feet for buildings containing less than 2,500 square feet of gross floor area;

Eighty square feet for buildings containing at least 2,500, but less than 15,000 square feet of gross floor area; and

Ninety square feet for all buildings containing at least 15,000 square feet of gross floor area. However, the city council may increase the maximum sign area to a total sign area of not more than 100 square feet for a freestanding sign that will serve all businesses in a shopping plaza or office park containing not less than five businesses.

Maximum sign height, including the supporting structure and sign face: 12 feet along a street in a residential zoning district (A-1, R-1, R-2, and R-3), 25 feet in all other districts. However, the city council may increase the maximum height of a freestanding sign to ensure sign visibility from an adjoining public street, where the elevation of the street exceeds the elevation of the property by more than five feet at the point where the freestanding sign will be erected. In no instance shall the increased height allow the top of the freestanding sign face or copy to extend more than 20 feet above the nearest surface elevation of the paved street.

Maximum sign face or copy height: Ten feet for any sign displaying more than 90 square feet of sign area; eight feet for all other signs.

Maximum sign face or copy width: ten feet.

Hanging and projecting signs. In zoning districts where hanging and/or projecting signs are allowed, each building may have not more than one hanging or projecting sign per building wall that has an exterior entrance. Hanging or projecting signs may extend into a public right-of-way, but shall not extend any closer than four feet to the inside face of a street curb or the outer edge of the paved travel lane of a street, whichever is applicable. Hanging or projecting signs shall be located as close as possible to said exterior building entrance in accordance with the following requirements:

Maximum sign area: 12 square feet.

Maximum sign face or copy height: four feet.

Maximum sign face or copy width: three feet.

Minimum elevation from the bottom of the sign face or copy (including all supporting frames or braces) to the finished ground level directly beneath the sign: eight feet.

Wall signs. In zoning districts where wall signs are allowed, no portion of a wall sign shall extend above the building roof line or beyond the edges of the wall. In addition, no portion of a wall sign shall obscure any portion of a window or entranceway to the building. Each wall sign shall be affixed flush to the wall, and shall not project more than one foot away from the wall surface, exclusive of any approved lighting fixtures. The following dimensional requirements also shall apply to all permitted wall signs:

Maximum sign area of any individual wall sign: 24 square feet.

Maximum cumulative sign area of all wall signs on a single building: 48 square feet, or not more than 30 percent of the surface area of an affected wall, whichever is less.

Maximum sign face or copy height: four feet.

Maximum sign face or copy width: six feet.

7.9

Signs allowed within residential zoning districts. Within agricultural and residential zoning districts (A-1, R-1, R-2, and R-3) the only signs that shall be allowed are those classified as exempt from these regulations under subparagraph 7.4 of this section and residential subdivision entrance signs in accordance with the following requirements:

Permanent freestanding ground signs to residential subdivision developments may be erected at principal entrances to the project. One sign shall be permitted at each principal entrance to the development.

Entrance signs shall not exceed 12 square feet in sign area and five feet in height as measured from the base of the sign.

Entrance signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is no danger that either the sign or the supportive structure may be accidentally toppled or moved by the wind or other forces of nature and cause injury to persons or property.

Residential subdivision entrance signs shall not be illuminated, unless indirect illumination is afforded by a street light positioned at the entranceway.

Development entranceways, and, specifically, the area adjoining the entrance sign, should be appropriately landscaped and maintained to provide an attractive and inviting entrance to the subdivision.

Public and semi-public uses (including churches, cemeteries, recreational centers, schools, libraries, etc.) located within a residential zone shall be allowed to install not more than one freestanding or wall sign that does not exceed 20 square feet in total sign area. No freestanding sign shall stand higher than 15 feet above the finished level of the ground at the base of the sign.

7.10

Signs allowed within nonresidential zoning districts. All signs that are exempt from these regulations shall be permitted in any nonresidential zoning district in accordance with the conditions specified in subparagraph 7.4 of this section. In addition, owners of land within a nonresidential zoning district may erect any sign identified in subparagraph 7.8 of this section in accordance with all dimensional requirements prescribed therein. However, in no instance shall the cumulative total sign area for all signs permitted under subparagraph 7.8 of this section that are erected on a single lot of record exceed the limits specified below for the applicable nonresidential zoning district. Where a lot of record is divided by two or more nonresidential zoning districts, the cumulative total sign area limitation of the more restrictive zoning district shall apply to the entire non-residentially-zoned area of the subject lot of record.

B-1- Village center district. Fifty square feet of cumulative total sign area.

B-2 - General business district. One hundred square feet of cumulative total sign area.

M-1 - Light manufacturing district. Eighty square feet of cumulative total sign area.

FHA - Flood hazard area zone. The total permitted cumulative sign area allowed shall be determined by the underlying zoning district requirements.

PD - Planned development zone. The total permitted cumulative sign area allowed shall be determined by the underlying zoning district requirements.

7.11

Traffic visibility provisions. No permanent or temporary sign exceeding four square feet in area shall be permitted within the clear sight triangle of an intersection, as defined in article III section 11, traffic visibility at intersections, or within 15 feet from the front lot line. This limitation may be waived if such sign does not obstruct visibility between a height of 36 inches and eight feet above the nearest street grade level or otherwise does not interfere with traffic visibility for entrance onto and exit from the lot and adjacent lots and the visibility of traffic flow through nearby intersections, as determined by the enforcement officer. In any event, no sign, regardless of size, height, or design shall extend into any right-of-way, except as expressly authorized.

7.12

Construction and maintenance of signs.

All signs shall conform with applicable city building codes, which provide a comprehensive set of construction standards for signs. These specifications include wind loads, vibration resistance, seismic loads, acceptable supports, allowable stresses, materials, and electrical wiring.

All signs and all components thereof, including structural supports, shall be kept in a state of good repair.

The area surrounding the base of any freestanding sign shall be kept clear of all debris and undergrowth.

No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation within any right-of-way (unless express written authorization is obtained from the agency having jurisdiction over the right-of-way) or on any area where landscaping is required by this chapter.

All signs used to direct traffic shall be installed and placed in accordance with the manual on unified traffic control devices (MUTCD) for the State of Alabama.

(Ord. No. 2015-05, 10-13-2015)

Sec. 8. - Telecommunication towers, antennas, and satellite dishes.

8.1

Purpose of regulations. The public has a legitimate interest and concern in the placement and appearance of telecommunication towers, antennas, and satellite dishes under the Telecommunications Act of 1996, where such control does not conflict with or unreasonably constrain the legitimate right of businesses to exercise free trade. Weaver desires access to advanced technology to serve its businesses and citizens, but not at the expense of the community's overall appearance and public image. Weaver seeks to impose sensible controls on telecommunication facilities, in order to maintain the aesthetic character and charm of the community and its neighborhoods against the insensitive and uncontrolled proliferation and placement of wireless facilities. New telecommunications towers should not create a cluttered landscape or dominate the community's skyline as it is viewed from the primary highway entrances to Weaver. To that end, the city desires to partner with telecommunications firms to ensure expansion of the existing telecommunications infrastructure that will provide effective advanced communications services throughout the city and surrounding environs, commensurate with local needs, with a minimal visual impact on the character and charm of the community, and without creating impediments to free competition among wireless telecommunications providers seeking to serve the city. These regulations have been developed by the city to achieve the aforementioned objectives.

8.2

Definitions. The following sign terms, when used in this ordinance, shall have the meanings defined by this section.

Antenna. An electromagnetic device which conducts radio signals, through an attached cable or wave guide, to or from a radio transmitter or receiver. "Antenna" includes devices commonly known as "whips," "panels," and "parabolic dishes." "Antenna" shall include an antenna used in conjunction with microwave, cellular, or personal communication service systems and any other type of telecommunications systems now or hereafter in use.

Applicant. A party or parties who apply for a permit to construct a tower, to install an antenna on a proposed or existing tower, or to locate equipment on a proposed or existing tower compound.

Co-location site. A parcel of land or other site on which the antennas and related equipment of more than on party are located.

Communication facilities. Towers, antennas, and associated equipment collectively.

Equipment. All equipment and facilities used in conjunction with one or more towers and/or antennas, including, but not limited to, electronic systems, generators, fuel tanks, and fuel.

FAA. The U.S. Federal Aviation Administration.

FCC. The U.S. Federal Communications Commission.

Fiber-optics. Light transmissions through very fine flexible glass, by internal reflection.

Monopole. Any self-supporting wooden pole, metal, or concrete pole designed to support an antenna; provided, that the word "monopole" shall not include a latticed steel or metal tower, a tower which requires guy wires for support, or a tower which has more than one source of support, such as a tower with more than one leg.

Residential property. Any land which is located in a residential zoning district—A-1, R-1, R-2, and R-3.

Surveyor. A person who is registered with, and licensed by, the State of Alabama as a surveyor.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and any other like structure used to support wireless telecommunications transmission facilities now or hereafter in use. As used in this section, "tower" shall include any telecommunication tower installed or constructed within the city prior to the effective date of this ordinance, regardless of whether such tower is a monopole or another type of tower.

Tower compound. A parcel of land or a building on which communication facilities are located.

8.3

Jurisdiction of regulations. All communication facilities or structures greater than one meter in size, including but not limited to those facilities known as "cellular," "personal communication system (PCS)," "paging services," and similar services, shall comply with these regulations. However, the following shall be exempt from these regulations under the specified conditions:

Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the City of Weaver, provided a license or lease authorizing such antenna or tower has been approved by the city council.

Amateur radio or receive-only antennas. Any tower, or the installation of any antenna that does not exceed the maximum height restriction of the applicable zoning district or 70 feet, whichever is less, and is owned and operated by a federally-licensed amateur radio station operator, or is exclusively for receive-only antennas.

Pre-existing communication facilities or towers. Any communication tower or antenna which was constructed prior to the effective date of these regulations and which complied with all applicable state, federal, and local codes, laws, and regulations in effect at the time of construction, provided, however, that all pre-existing communication facilities or towers shall submit a written request of exemption to the enforcement officer within six months of the effective date of these regulations. The written request shall state the name, mailing address, business and home telephone numbers of the owner, the street address and tax parcel identification number of the property upon which the communication facilities are located, and the date upon which construction of the facilities was complete. All written requests containing the required information shall be automatically approved if received within the above specified deadline.

8.4

Basic requirements and design considerations. All proposed communication facilities (towers and antennas) governed by these regulations shall comply with the following requirements and guidelines.

Compliance with FAA regulations. All proposed communication facilities shall comply with all applicable FAA requirements, including but not limited to, part 77 of the Federal Aviation Regulations (FAR), as amended.

Compliance with FCC regulations. All proposed communication facilities shall comply with all applicable FCC requirements, including but not limited to, the Telecommunications Act of 1996, as amended.

Structural safety. All proposed communication facilities shall comply with wind loading and other applicable structural standards contained in local building and technical codes, as they may be in effect and amended from time to time, including, without limitation, the Southern Standard Building Code and the Electronic Industries Association Code and any amendments thereto or replacements thereof, as may be adopted by the city council. The city's building inspector or his/her designee shall determine whether a proposed communication facility will comply with this requirement.

Appearance and view protection. All proposed communication facilities with the exception of proposed antennas that will be co-located on a pre-existing tower shall be attractively camouflaged, disguised, or hidden in a manner that it will blend into the surrounding environment to the greatest extent possible. Examples of proper camouflaging include: designing a tower to resemble a tree, designing a monopole to look like and function as a flag pole or freestanding sign support, hiding an antenna within a church steeple, or any other effective means of disguising the appearance of a tower or antenna that may be appropriate for the setting in the area surrounding the proposed communication facility site. It shall be the burden of the applicant to document and prove that a proposed communication facility cannot be effectively camouflaged, before approval of a noncamouflaged structure may be permitted by the city. In such instances, the applicant shall explore alternative means of minimizing the visual impact of the antenna, such as installing it onto an existing telephone pole, streetlight, or building rooftop, rather than erecting a new tower specifically for the proposed antenna. However, in no instance shall a noncamouflaged communication facility be approved for a residential property.

Signs prohibited. No signs or other forms of advertising, including signs displaying the name of the owner or user of the tower or antenna, may be attached to or depicted on a communication facility, unless the proposed facility is a new monopole specifically camouflaged and approved to serve as a permitted freestanding sign support. This prohibition shall not apply to any required warning or private property posting signs.

Construction materials. Where applicable building codes, technical codes, and federal regulations permit flexibility in the choice of construction materials and where the selection of alternative construction materials will not compromise the structural integrity of the proposed communication facility, proposed new towers and monopoles shall be constructed of materials that have a composition, texture, and color that will most closely resemble structures and natural features that exist on and adjoining the facility site.

Health effects. All proposed communication facilities shall comply with all applicable FCC regulations and requirements in effect to prevent detrimental health effects from the proposed communication facilities. Under the telecommunications act of 1996, the city cannot deny a request to construct a communication facility on the grounds that its radio frequency or electromagnetic emissions would be harmful to the environment or the health of residents, if those emissions meet FCC standards.

Interference with existing communication facilities. All proposed communication facilities shall comply with all applicable FCC regulations and requirements in effect to prevent interference with existing communication facilities serving the area.

Siting requirements for whip antennas. Whip antennas shall not be allowed on a wall-mounted antenna structure.

Co-location. No new tower or monopole shall be erected on a proposed communication facility site unless the applicant can document and prove that an existing co-location site is not available or is not technically capable of serving the specific telecommunication need in the area of the proposed site. This co-location requirement may be waived by the city where the proposed antenna would create an excessively cluttered appearance on the available co-location site (thereby drawing greater visual attention to the existing antenna site or creating a more imposing obstruction to scenic views and vistas from the area) and the proposed new antenna would be less visible or intrusive on the surrounding area if effectively camouflaged on an alternate site.

Setback requirements. All proposed communication facilities and structures, including guys and accessory facilities shall satisfy the minimum setback requirements of the zoning district in which they will be sited. However, all proposed tower compounds that will be located on a residential property shall be subject to an additional setback from all property boundaries of the site equal to the height of the tower structure as measured from the finished ground level at the base or pad surface to the tallest point of the structure. If the tower compound abuts a property with an existing or approved (but not yet constructed or completed) residential use, the residential property setback requirement shall be satisfied for all property boundaries of the site that abut said existing or approved residential uses.

Lighting. Towers may not be artificially lighted, except where required to satisfy applicable FAA regulations. Lights for security and to assist in making emergency repairs may be installed on buildings within the tower compound which contain equipment essential to the operation and maintenance of the tower. Such lights shall be shielded and directed in a downward direction from a height of not more than ten feet, and no such light may exceed a maximum of 150 watts. Such lights shall be located and directed so that they do not shine, reflect, or generate excessive glare onto or toward any residential property or adjoining property upon which a residential use exists or has been approved for construction.

Security fence. All communication facilities to be located within a proposed tower compound shall be secured by the construction of an eight-foot-high security fence or wall constructed, at a minimum, using chain link fencing.

Landscaping. All proposed tower compounds must be surrounded by a landscaped buffer which shall provide an effective year-round screen to a height of at least eight feet upon planting in order to screen views of the tower compound from adjacent public ways, residential properties, and properties upon which a residential use exists or has been approved for construction. The buffer shall include a landscaped strip at least four feet in depth located outside of the security fence or wall. The landscaped strip shall be planted with a combination of trees, shrubs, vines, and grown covers which are capable of attaining, at maturity, a height as high as the security fence or wall and which will enhance and screen the outward appearance of the security fence. The use of native species of plants and trees are encouraged to the extent that they will satisfy the requirement for adequate year-round screening. The applicant shall provide documentation to show what forms of vegetation will be planted within the landscaped area and how the area will be effectively maintained to ensure the long-term health of the plantings. Such documentation shall include the name, mailing address, and business telephone number of the party who shall be responsible for the maintenance and repair of the communication facilities and any fences, walls, and landscaped buffer areas. If the person or party responsible for such maintenance and repair changes any time after approval has been issued, the owner of the tower must provide the city's enforcement officer with written notice of the new party's name, mailing address, and business telephone number and the date upon which the change will become effective.

Communication facility siting priorities. When selecting sites within the city to locate proposed communication facilities or tower compounds, priority shall be given to locations in nonresidential zoning districts. Residential property sites shall be given the lowest possible consideration for new sites.

Access and parking. A driveway and parking area with a surface appropriate for the intensity of use shall be provided for each proposed tower compound to provide adequate access to the tower compound for the maintenance and repair of the communication facilities and for vehicle providing emergency services. Subject to the approval of the city council and to an appropriate agreement with the owner thereof, access and parking for the tower compound may be provided on an adjoining property or along one or more public streets adjoining the tower compound.

Height limitations in residential zones. No tower or monopole on a residential property shall exceed the maximum structure height limitations specified by the applicable zoning district standards contained in article V of this ordinance.

8.5

Levels of review and approval. In recognition of the high standards for proposed communication facilities established by this ordinance, allowances have been made for an efficient and, in certain instances, expedited review process, where the applicant can demonstrate that a good faith effort to embrace and comply with the spirit and intent of these guidelines has been made in the design of the proposal. The three levels of review and approval and the types of projects that can be considered within each level are as follows:

Review and approval by enforcement officer. The following types of communication facilities shall be reviewed and approved by the Enforcement Officer without the need for a public hearing, provided the proposed improvements fully complies with all requirements specified in section 8.4 of this article:

Any antenna (and associated cables and equipment) that will be co-located on an existing approved or registered pre-existing tower, as long as the proposed antenna(s) will not protrude at any point from the exterior surface of said tower by a distance of more than four feet and the tower will contain no more than five antennas if the application is approved. In addition, the supporting equipment for the proposed antenna(s) shall not require the construction of any new freestanding structures on the tower compound.

Any antenna (and associated cables and equipment) that will be sited in an existing structure that fully conforms with all applicable requirements of this ordinance (not a nonconforming structure) and where, after installation, the antenna and all supporting equipment will be completely enclosed by the exterior walls of the structure or completely screened from public view at any point on the land within 2,000 feet of the proposed antenna. An example of such a scenario would be the placement of an antenna within the steeple of a church or the dome of a farm silo. The addition of the antenna and supporting equipment to the existing conforming structure shall not require the construction of an addition to house the communication facilities. However, interior modifications to the structure may be permitted as part of the approval by the enforcement officer.

Review and approval exclusively by city council. The city council shall have the authority to review and approve the following specific types of communication facilities and tower compounds, subject to the conduct of a public hearing, but without the need for a formal recommendation from the planning commission:

Any antenna (and associated cables and equipment) that will be installed on a co-location site that does not fall within the approval authority of the enforcement officer, as specified in subparagraph A.1. of this section.

Any new antenna (not including a tower) that will be attached to an existing structure that fully conforms with all applicable requirements of this ordinance (not a non-conforming structure), but that would not otherwise fall within the approval authority of the enforcement officer as specified in subparagraph A.2. of this section.

Any new monopole not greater than 30 feet in height and located in a nonresidential zoning district that is camouflaged or disguised in such a way that it cannot be immediately recognized as an antenna support.

Any new antenna or tower to be located on property owned, leased, or otherwise controlled by the City of Weaver and located within a nonresidential zoning district.

Review and approval by city council upon recommendation from planning commission. All applications not subject to review and approval by the enforcement officer in accordance with subparagraph A of this section or review and approval exclusively by the city council in accordance with subparagraph B of this section shall be subject to review and public hearings by both the planning commission and the city council. The planning commission shall review the application and issue a recommendation for approval or denial to the city council. Final review and approval or denial of the application shall be issued exclusively by the city council.

8.6

Approval procedures. Review and approval of an application shall be conducted in accordance with the following procedures.

Pre-application consultation. Any applicant seeking to develop communication facilities or tower compounds that fall within the jurisdiction of these regulations may request an informal consultation with the enforcement officer and/or building inspector prior to the preparation and submission of a formal application. The purpose of this voluntary consultation shall be to answer specific questions about the process or applicable design requirements, discuss possible camouflaging or co-location options, or discuss application format options and/or potential supporting documentation submission needs. Any such consultation discussions must occur before a formal application is submitted to the city, shall be nonbinding on the applicant and the city, and shall not in any way constitute or be interpreted to constitute a decision to approve or deny an application.

Receipt of application. All required applications shall be submitted to the enforcement officer. Upon submission, the enforcement officer shall determine that the application contains all submission requirements specified in section 8.7 of this article and is, therefore, complete. No incomplete application shall be received by the city for review and approval. Once the enforcement officer determines the application is complete, the application shall be determined to have been received by the city on that date.

Enforcement officer review. The enforcement officer and/or building official shall review a complete application within 31 days of the date of receipt. At the end of that review, the enforcement officer shall issue approval or denial for those aspects of the application that fall within the approval authority of the enforcement officer, as specified in section 8.5, subparagraph A of this article. If the application or any part of the application is denied, the enforcement officer shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations and/or the failure of the application to satisfy specific basic requirements and design considerations outlined in section 8.4 of these regulations. If the enforcement officer fails to render a decision on the application within the required 31 days, then aspects of the application subject to review and approval by the enforcement officer shall be deemed to be automatically approved without further consideration by the city. However, the city council may grant an extension to the 31 day deadline not to exceed an additional 31 days, due to extended illness or absence of the enforcement officer during the required review and approval period or the submission of an application that is too large or extensive to be reviewed by existing staff resources within the prescribed time frame. On the date that the enforcement officer's review period ends, any remaining portions of the application not subject to approval or denial by the enforcement officer shall be submitted to the city council and/or planning commission for action, as may be applicable. The forwarded application shall be accompanied by a written report from the enforcement officer regarding his/her assessment of the proposed communication facility(ies) or tower compound(s) with the applicable requirements specified in section 8.4 of this article.

Planning commission and city council review. All applications or portions of applications requiring review and approval of the city council and/or planning commission in accordance with section 8.5, subparagraphs B or C of this article shall follow the same general guidelines as for an amendment to this ordinance as specified in article VIII (Amendments) of this ordinance, with the specific exception that planning commission review shall not be required for applications that may be approved exclusively by the city council, in accordance with section 8.5, subparagraph B of this article.

Public hearing. The city council and, if necessary, planning commission shall each conduct one public hearing on the application at the earliest regular meeting date that will satisfy the public hearing notice requirements following the date of submission by the enforcement officer. The required public hearing shall be noticed in the same manner prescribed in the applicable sections of article VIII of this ordinance (section 4 for the planning commission and section 5 for the city council). At the hearing, the presiding body shall entertain a report from the enforcement officer regarding his/her assessment of the proposed communication facility(ies) or tower compound(s) with the applicable requirements specified in section 8.4 of this article. A written copy of the enforcement officer's report shall be incorporated into the minutes of the public hearing, along with a written synopsis of all public comments received and an attendance sheet identifying the names and mailing addresses of every person who attended the public hearing.

Decision. The presiding body shall render a decision on the application within 31 days from the date that the public hearing is closed. For the planning commission, such decision shall be in the form of a written recommendation, along with a list of the findings of fact upon which the recommendation was based, to the city council for final action. If the planning commission fails to render a formal recommendation on the application within the required 31 days, then the application shall be transmitted to the city council for final decision with an automatic or implied recommendation of approval. If the city council fails to render a decision on the application within the required 31 days, then the application shall be deemed to be automatically approved without further consideration by the city. If the application or any part of the application is denied, the city council shall provide the applicant with a written letter of denial outlining the specific findings of fact used by the city council as the basis of the denial. Such denial shall be based on the unwillingness of the applicant to comply with the requirements of the regulations or specific basic requirements and design considerations outlined in section 8.4 of these regulations that the application fails to satisfy.

8.7

Submission requirements. All applications to construct communication facilities that fall within the jurisdiction of these regulations shall provide adequate documentation to demonstrate compliance with all applicable basic requirements and design considerations specified in section 8.4 of these regulations. A single application may include any number of proposed tower compounds that will be located within the jurisdiction of this ordinance, even though some of the proposed tower compounds may be subject to expedited review procedures as provided in section 8.5 of this article. Where an application includes tower compounds subject to different levels of review, the application may be divided into sections for each review category, within which all necessary supporting information for each proposed tower compound shall be provided. Whenever portions of an application have been approved or denied through an expedited review process, that information and any terms of said approval or denial shall be noted and considered in the subsequent review procedures for the remaining portions of the application. The enforcement officer shall determine the number of application copies that must be submitted by the applicant, based on the number of parties who must review the application. One copy of the application shall be required for each of the following review agents, as may be required: The enforcement officer, building inspector (if such person is not the enforcement officer), planning commission (as a body), and the city council (as a body). At a minimum, each required application shall contain the following:

A completed zoning permit application form, including the required application fee.

A site plan of the tower compound, prepared by a surveyor, at a scale not less than one inch to 50 feet, showing the location, street address, tax parcel identification number, and dimensions of the parcel of land that will contain the tower compound, the location of all required setback lines, driveways, parking areas, buffers, fencing, landscaping, stormwater management improvements, fuel tanks (both above and below ground), and structures that exist or will be constructed on the property. If the property upon which a proposed tower compound will be located exceeds 100 acres in size, then the scale of the site plan shall be increased to one inch to 100 feet, or the enforcement officer may grant authority to the applicant to limit the site plan coverage to a specified area around the proposed tower compound.

Written proof of ownership of the proposed tower compound or authorization to use it.

A written report including a description of the proposed tower or antenna with the technical reasons for its design, a certificate from the project engineer documenting the structural integrity of the tower or antenna support for its proposed use including any co-located communication facilities that may already exist at the site, and an affidavit signed by the owner of the proposed communication facilities and the project engineer attesting compliance of the proposed communication facilities with all applicable FCC requirements with regard to any potential detrimental health effects that could be generated by the proposed facilities.

A silhouette and elevation view of the proposed tower (or the existing tower, if the applicant is seeking permission to install an antenna on an existing tower) and all other communication facilities, and the tower compound, describing colors and materials to be used for the communication facilities and any security fence, decorative fence, and decorative wall. The configuration of proposed antenna arrays must be shown on the silhouette. The proposed location of future, additional antenna arrays must be shown on the silhouette by dashed lines. The elevation view shall portray the general context and compatibility of the proposed facilities with respect to surrounding structures and natural features.

Copies of any proposed easements, where applicable to the project.

Documentation of the frequency band and wattage of the proposed communication facilities.

For each new monopole, tower, or antenna that is not otherwise located on a co-location site, a written report documenting the attempts made by the applicant to secure a suitable co-location site both within the city and in the adjoining unincorporated areas and any supporting technical reasons supporting the need for a new independent site.

8.8

Inspection/fee. To determine whether tower compounds are in compliance with the requirements of this ordinance, the city shall make, or have made on its behalf, an annual inspection of the communication facilities on each tower compound and the walls, fences, and landscaping around each tower compound, for which an annual inspection fee of $200.00 shall be imposed. If more than one antenna is located on a tower, the annual inspection fee shall be $300.00. The fee shall be due on January 1 of each year and shall be delinquent if not paid by January 31 of such year. To help defray the cost of collecting delinquent fees, an additional fee, in the amount equal to ten percent of the fee shall be payable for each month, or portion of a month, after January in which the fee remains unpaid. If the fee is not paid within three months of its due date, the city may withdraw its permission for the location of communication facilities on the tower compound, in which event, all communication facilities must be removed from the tower compound within three months of the day on which the owner or owners of the tower receive notice of such withdrawal of permission. The fee shall be payable by, and shall be the responsibility of the owner or owners of the tower, even if additional antennas located on the tower are owned by other parties. If there is more than one owner of the tower, each owner shall be jointly and severally liable for the entire amount of the fee and any additional fees due because of delinquency in payment. Any inspection conducted in accordance with these regulations shall not be relate to the safety or structural soundness of the communication facilities or tower. The purpose of the inspection shall be limited to determining whether such communication facilities and tower compound are in compliance with the provisions of this ordinance. Any violation of the provisions of the ordinance that are discovered through said inspection shall be processed and resolved in accordance with the procedures specified in article VI, section 4 of this ordinance.

8.9

Removal of obsolete towers. Any tower that is no longer serving an active communication use shall be removed at the owner's expense. The owner shall provide the enforcement officer with a copy of the notice to the FCC of intent to cease operations and remove the tower and all associated communication facilities from the site within three months from the date that all operations ceased. Where a tower serves as a co-location site, this provision shall not apply until all active users cease operation. If the owner of the tower fails to remove the tower as required, the responsibility for removal shall then apply to the owner of the land upon which the obsolete tower is located. Once the responsibility for removal has shifted to the property owner, the property owner shall remove the obsolete tower within one month of the date that tower owner's removal deadline lapsed. If neither the owner of the tower nor the owner of the land removes the obsolete tower within the time prescribed herein, the city may, but shall not be obligated to, remove the obsolete tower. If the city removes the obsolete tower, it shall be entitled to recover the cost of removal from the owner of the tower and/or the owner of the land upon which the tower is located.

8.10

Satellite dishes. All satellite dishes exceeding one meter in diameter shall be considered structures required to be installed in accordance with all applicable provisions of this ordinance, the Standard Building Code, and any other applicable regulations enforced by the City of Weaver. All such dishes shall be located in the rear yard of the property, and shall be set back from all property lines a distance equal to the height of the dish.

8.11

Appeals. All appeals from a decision by the enforcement officer or city council shall be to the circuit court or FCC as prescribed by the Telecommunication Act of 1996.

Sec. 9. - Temporary use buildings and offices.

Nothing in this ordinance shall be interpreted to prohibit the use of a temporary construction office in accordance with the building code of the City of Weaver. Temporary construction offices shall be removed upon completion of all construction work or the issuance of a certificate of occupancy, whichever occurs first.

Sec. 10. - Common open space requirements.

Within developments where common open space is required or will be provided by a developer, the following requirements shall apply:

10.1

Access to common open space. Open space should be distributed throughout the development so that all lots within the development shall have either direct access or access from an improved public right-of-way or easement to such areas. Common open space lands shall be designed to permit access for maintenance without the need to cross private lands. Where common or public lakefront open space is provided within a proposed development, such lands shall be afforded convenient vehicular and pedestrian access from all lots within the development. Such access may be provided through a combination of streets and greenbelt easements.

10.2

Minimum size of subdivision. No subdivision containing fewer than 25 lots or units shall contain common open space lands, unless such common lands are deemed necessary by the planning commission to provide and maintain required stormwater management improvements.

10.3

Improvements prohibited from inclusion in common open space. Common open space shall not include public or private streets, driveways, private yards, patios, parking areas, or utility easements, where the utilities within the easement would interfere with reasonable active or passive recreation uses. Sidewalks, playgrounds, and other outdoor recreational facilities, and ponds or lakes may be constructed within common open space lands, where adequate provisions are made for continued private maintenance of any such improvements.

10.4

Management agreement for control and maintenance of common areas. The City of Weaver shall bear no responsibility or liability for the continued maintenance, repair, or improvement of privately owned common open space lands. No lot or structure in a development containing common or shared open space shall be sold until a corporation, association, property owner's group or similar entity has been formed. Such corporation shall possess the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development, or in the tract which is a part of the entire development, to meet the expense of such entity. The corporation also shall be vested with authority to control, and the duty to regularly maintain (either directly or by contract), all of said mutually owned features of the development or tract portion thereof. In addition, the homeowner's association bylaws or rules shall contain provisions authorizing the local government to maintain said open space at the association's expense and upon 15 days' advance written notice, if the association has not properly maintained any or all open space entrusted to it. Such entity shall operate under recorded conditions, covenants, and restrictions which may include compulsory memberships of all owners of lots and/or dwelling units, and flexibility of assessments to meet the changing costs of maintenance, repairs, and services. The subdivider or developer shall submit evidence of compliance with these requirements to the planning commission prior to approval of a zoning permit or final plat.

Sec. 11. - Child care center requirements.

All child care facilities, whether conducted within a home or in a nonresidential building, shall be established in compliance with the following requirements:

11.1

In-home child care centers. Any in-home child care center that was lawfully established and licensed by the State of Alabama prior to the effective date of this ordinance shall be allowed to remain in operation without further approval from the city (subject to any conditions imposed by the planning commission at the time of approval). Any new in-home child care center (serving six or fewer children) will only be permitted by the board of adjustment as a special exception within a residential zone (A-1, R-1, R-2, and R-3) subject to the applicable requirements of a home occupation, as specified in article IV, section 4 of this ordinance, and subject to any additional mitigating conditions that the board of adjustment is authorized to impose under article VII, section 5.2 of this ordinance. No signs advertising an in-home child care center shall be located on the property. An in-home child care center shall be classified as a residential based facility and must satisfy all applicable requirements imposed by the State of Alabama Department of Human Resources.

11.2

Nonresidential child care centers. Child care centers serving seven or more children shall not be allowed in any residential zone or residential use building. All such child care centers shall fully comply with all requirements of the building code for an educational occupancy. Architectural plans also may be required to document compliance. Any child care center that was lawfully established prior to the effective date of this ordinance, but does not comply with the requirements specified herein, shall be classified as a pre-existing, nonconforming use, subject to the requirements contained in article IV, section 1 of this ordinance. Such uses shall be allowed to continue operation as previously permitted, only as long as the facility does not increase the number of children it serves and it does not expand the area of the facility (both indoors and outdoors) dedicated to child care services. Any such change in the intensity of use shall require the issuance of a new zoning permit, and the facility shall fully comply with all requirements of this ordinance.

Sec. 12. - Recreational vehicle parking and storage.

One privately-owned, unoccupied recreational camper-trailer, motorhome, or watercraft, not exceeding ten feet in width and 40 feet in length, may be kept beside a dwelling in a side yard or side lot. Recreational vehicles shall not be stored in any front yard and shall not be used for living, sleeping, or housekeeping/construction when parked or stored on a residential lot or in any location not approved for such use. Any such recreational vehicle shall be registered, bear a valid tag, and be in usable condition.

(Ord. No. 2019-04, 5-28-2019)

Sec. 13. - Junk vehicle storage.

No automobiles, trucks, sport utility vehicles, vans, or other passenger vehicles that are not registered, do not bear a valid license tag, and/or are incapable of starting and moving under their own power shall be stored or parked on any land within a residential zone other than within a completely enclosed garage or storage building.

Sec. 14. - Manufactured home subdivisions.

All manufactured home subdivisions shall comply with the following special requirements:

14.1

Each manufactured home subdivision shall provide a landscaped buffer along any exterior boundary of the development site that abuts a property zoned A-1, R-1, or R-2.

14.2

Each manufactured home subdivision shall comply with all applicable requirements of the Weaver Subdivision Regulations, and shall be approved by the Weaver Planning Commission in accordance with those regulations.

14.3

The development site size for a manufactured home subdivision shall be one acre, at least 80 percent of which shall be developable land area.

14.4

Not less than ten percent of the land area within a manufactured home subdivision containing 25 or more lots shall be dedicated for common open space.

14.5

14.6

14.7

Skirting required. All manufactured homes shall be skirted with a weather-resistant material which resembles siding materials commonly found on a single-family dwelling. Exterior siding should not have a high-gloss finish and should be residential in appearance, including, but not limited to, clapboards such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels. Concrete block or brick and mortar foundation walls, constructed in compliance with all applicable building code requirements, shall be the preferred method of skirting. The exterior siding material must extend to the ground except that, when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Where the space beneath a manufactured home that is to be enclosed by skirting is not completely covered by a concrete pad, then a ground vapor retarder of six mil rated polyethylene sheeting or greater shall be installed over the entire area enclosed by skirting. All skirting shall be adequately vented.

14.8

14.9

14.10

Sanitary facilities. Each manufactured home shall contain at least one shower or tub, a flush toilet, a lavatory, hot and cold running water, and a central source of heat for the occupants thereof.

14.11

Landscaping. All manufactured homes shall be landscaped in a manner consistent with other adjoining residential home sites in the area or neighborhood. At a minimum, ornamental shrubs shall be applied along the front yard foundation or skirting of each manufactured home.

14.12

Orientation. Each manufactured home shall be oriented on the lot so that it meets all setback and area requirements of the zoning district. Wherever possible, the unit shall be located with its long axis parallel with the street.

14.13

Minimum width. Each manufactured home shall be at least 12 feet in width.

14.14

Fuel storage facilities. All fuel oil supply systems serving a manufactured home shall be constructed and installed within the foundation wall or underground in accordance with all applicable building and safety codes, except that any bottled gas tanks may be fenced or screened so as not to be clearly visible from the street or abutting properties.

14.15

Number allowed. Not more than one manufactured home shall be permitted on any individual lot that is not located within a manufactured home subdivision.

14.16

Use limitations. No manufactured home may be used for any purpose other than as regulated for residential use herein except in a nonresidential zoning district as provided below:

As an office and storage for parts at a legally licensed manufactured home sales lot by the owner, real estate office, or sales office.

A temporary construction office or a temporary residence at a construction job site provided that such use shall cease when a certificate of occupancy is issued.

Campaign headquarters, to be removed immediately after election day.

Showing of exhibits or special products for a period not to exceed 14 days.

For special sales or promotions by civic or nonprofit organizations, to be removed on a specified date.

14.17

Storm shelters. Each manufactured home site shall have at least one FEMA approved underground storm shelter, capable of accommodating at least one person for each bedroom contained in the manufactured home.

(Ord. No. 2018-01, 4-10-2018)

Sec. 15. - Planned unit development (PUD).

The purposes of the PUD, planned unit development district is to accommodate group development projects and to encourage the development of innovative and creative land use designs. The district is intended to allow the unified planning and development of a tract of land suitable in location, area, and character for the uses and structures proposed. PUD projects shall be in accordance with and shall be designed to implement the comprehensive plan for the city.

(1)

Uses permitted. Any use shall be permitted except for mobile homes, provided that such use is in accordance with the city land use plan, is shown and designated clearly on the master plan of the development, and consistent with the regular zoning district designation for the subject tract or part of the tract affected by the use.

(2)

Conditions for development. In order to obtain designation of a tract of land as a PUD planned unit development district, and to subsequently thereby use such a tract of land, the following conditions shall be met:

A master plan of development showing the exact manner in which the whole tract will be improved and used must accompany the request for designation, and be approved by the city council after being reviewed by the planning commission in accordance with the zoning amendment procedure. Any changes in the regular zoning district designations or boundaries shall be reflected on the master plan of development. Said approved master plan of development shall be retained in the file of the city clerk as a part of the city's records.

Before any building permit for the use or development of any portion of a PUD district can be issued, a subdivision plat, for the whole tract shall have been approved by the planning commission and recorded in accordance with the subdivision regulations, such plat and any information shown thereon shall correspond in all respects to the approved master plan of development, and the information recorded along with the subdivision plat shall include the master plan of development. No permit of any type shall be issued for any use, activity, building, or lot improvement that is not in accordance with the approved and recorded master plan of development.

The master plan of development for a tract may be amended at any time by the city council, upon the advice of the planning commission, provided a notice is given and a public hearing held thereon in the same manner as for the original approval of the designation of the subject tract as a PUD district.

(3)

Side and rear yard. Structures should be set back from the side and rear property lines no less than the respective side and rear yard requirements for that regular zoning district or the specific conditional use, but in no case shall any structure be closer than 15 feet to any PUD zoning boundary line and the entrance to said structure shall be no closer than 25 feet to any such line.

Distance between main structures. The minimum distance between main structures shall be no less than that required for the regular zoning district wherein that structure is located, or that, which is required for the specific conditional use.

Maximum height. As specified for the respective regular zoning district.

(4)

Accessibility. Access shall be provided to each separately platted building site by way of a publicly dedicated street plus a driveway of at least 12 feet in width.

(5)

Required off-street parking and loading. Per existing ordinances.

(Ord. No. 2013-02, 2-12-2013)