For the purpose of this ordinance, the City of Weaver is hereby divided into the type of districts designated as follows:

1.1

Regular districts.

1.2

Special districts.

The boundaries of the various zoning districts are hereby established as shown on the zoning map. The zoning map includes a base map which identifies the location of the regular districts and an overlay to the base map which outlines the boundaries of the special districts. The zoning map and all explanatory matter thereon accompany and are hereby made a part of this ordinance. Official copies of the zoning map shall be on file in the office of the city clerk.

Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

3.1

Where boundaries are indicated as approximately following jurisdictional limits or platted lot lines or other property lines, such lines shall be construed to be such boundaries.

3.2

Where boundaries are indicated as approximately following streets, alleys, rights-of-way, or railroads, such boundaries shall be construed to follow the centerlines of such streets, alleys, rights-of-way, or railroads.

3.3

Where boundaries are indicated as approximately following shorelines of lakes or ponds, such boundaries shall be construed to follow the mean high water lines of such lakes or ponds. In the event of a change in the mean high waterline, the boundaries shall be construed as moving with the actual mean high waterline.

3.4

Where boundaries are indicated as approximately following streams, rivers, or other perennial water courses, such boundaries shall be construed to follow the centerline of such waterways as determined by the mean high water mark along opposing banks. In the event of a natural change in the location of such waterways, the district boundary shall be construed as moving with the centerline.

3.5

Where boundaries are indicated as being separate from but approximately parallel to any features listed in subparagraphs 3.1 through 3.4 of this section, such boundaries shall be construed as being parallel to and at such distance as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

3.6

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundary, unless same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.

3.7

Where a public road, street, or alley shown on the zoning map is officially vacated or abandoned, the regulations applicable to the property to which the right-of-way reverts shall apply to the vacated or abandoned road, street, or alley.

3.8

In case any further uncertainty exists, the board of adjustment shall determine the location of boundaries. The board of adjustment may also cause to be prepared sectional maps of any part of the city which will interpret the exact location of the district boundaries, following the guidelines contained in the preceding paragraphs.

Where doubt exists as to whether a new or previously unclassified use is similar in nature to the permitted uses identified in this ordinance, the board of adjustment shall approve or deny the location of the unclassified use in question. In making such a determination, the board of adjustment shall consider the extent to which the proposed use is consistent with the intent of the zoning district and determine the specific permitted use within the zoning district that is most similar in impact and characteristics to the proposed new use. However, in no instance shall the board of adjustment interpret a proposed use as being permitted in one district, when the use is more similar in impact and characteristics to a use that is permitted exclusively in another district. The following procedures to establish consistency of unclassified uses shall be observed:

4.1

Determination by board of adjustment. If compatible with the existing zoning district intent, the unclassified use shall be permitted by special exception upon approval of and subject to the conditions set by the board of adjustment. Such conditions of approval shall be established to prevent undue impacts of the new use on surrounding uses, and shall be limited to:

A.

Special setback requirements;

B.

Special buffer or fencing requirements;

C.

Special lighting requirements to prevent excessive glare on neighboring properties;

D.

Special parking requirements;

E.

Special landscaping requirements;

F.

Special limitations on signage;

G.

Special limitations on traffic access points to the property; and

H.

Special stormwater management requirements.

4.2

Rezoning required. If the unclassified use is deemed to be incompatible with the existing zoning district intent, the enforcement officer shall recommend the most appropriate district classification and shall require the applicant to seek rezoning of the property in question, before the proposed use can be conducted on the property. In addition, the unclassified use shall be permitted by special exception in the district to which the property was rezoned, upon approval of and subject to the conditions set by the board of adjustment.

4.3

Amendment of permitted uses. Following the final action on the unclassified use, as subparagraphs A or B of this section may require, the planning commission may initiate an amendment to this ordinance to add the newly permitted use to the list of permitted uses in the appropriate zoning district(s).

5.1

District intent. The purpose of this district shall be to encourage very low density single-family residential development in outlying rural areas of the community characterized by active forestry and agricultural uses, but are just beginning to be developed. These areas typically lack full access to municipal infrastructure, or are located upon or near sensitive natural resources.

5.2

Permitted uses. The following identifies the uses permitted in the A-1 Agricultural Zoning District.

A.

Single-family dwellings.

B.

Accessory residential dwelling units in compliance with all requirements specified in article IV, section 6 of this ordinance.

C.

Single-family group homes, subject to the standards established in article II and article IV, section 2 of this ordinance.

D.

Accessory uses and buildings, subject to the standards established in article III, section 4 of this ordinance.

E.

Home occupations, subject to the standards established in article IV, section 4 of this ordinance.

F.

Cottage industries, subject to the standards established in article IV, section 4 of this ordinance.

G.

In-home child care centers, subject to the standards established in article IV, section 11 of this ordinance.

H.

Commercial (for profit or sale) agricultural, dairying, and poultry and livestock raising, provided that the subject lot contains not less than five acres of land, and all buildings used for housing fowl or animals, storing grain or feed, or processing products shall not be located closer than 100 feet to any property line. Permitted commercial agricultural uses shall not include commercial feed lots or stock yards.

I.

Sale of products and commodities raised on the premises only, provided that any structure used for such sales shall not be closer than 30 feet to the front or side property lines.

J.

Noncommercial (for personal use by the property owners and not for sale or profit) agriculture, gardening, poultry, horse, and livestock raising as an accessory use to a one family dwelling for the principal benefit of the occupant thereof, provided that the subject lot contains not less than three acres of land, and all related accessory buildings are located in the rear yard and not closer than 100 feet to any property line.

K.

Harvesting of timber, provided that such activities comply with all applicable Best Management Practices promoted by the U.S. Department of Agriculture, and no clear cutting of land shall occur within 50 feet of the mean high water mark of any lake or perennial stream.

L.

Riding stables and academies, provided that the subject lot contains not less than five acres of land, and any structure, pen, or corral housing animals (but not including grazing areas) shall not be closer than 100 feet to any property line.

M.

Public or private schools, including pre-schools, day nurseries, and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

N.

Publicly-owned and operated community structures and lands, including parks.

O.

Public utility structures and lands.

P.

Public or private fishing clubs, gun clubs, and other similar outdoor recreational activities, provided that all activities shall conducted at least 200 feet from any property line and the discharge of any firearms shall be directed away from any established residential uses.

Q.

Athletic fields or stadiums, race tracks and speedways, and other recreational areas for public use, including swimming pools, fish lakes, and similar recreational uses, provided that all activities are located at least 200 feet from any property line.

R.

Public or private golf course, except a par three golf course, miniature course or practice golf driving range operated for commercial purposes.

S.

Churches and other similar places of worship.

T.

Cemeteries.

U.

Boat docks and boat houses, as accessory uses to a residential use.

V.

Bed and Breakfast Inns.

W.

Residential care homes, domiciliary care facilities, or board and care homes.

X.

Greenhouses and nurseries.

Y.

Temporary or portable sawmills for the cutting of timber on the surrounding land, provided that machine operations shall not be located closer than 200 feet from any property line.

Z.

Veterinary clinic, commercial kennels, and the raising of other domestic animals for sale, provided that no portion of a building, structure, outdoor run, or pens used to house or exercise such animals shall not be located closer that 75 feet from any property line.

5.3

Dimensional requirements.

A.

Minimum lot size: 20,000 square feet for all lots. Lots not served by municipal sewer shall contain at least the required minimum, plus any additional area deemed necessary by the Calhoun County Health Department for proper siting and installation of on-site sewage disposal facilities.

B.

Minimum lot width: 100 feet.

C.

Minimum front yard setback: 40 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

D.

Minimum side yard setbacks: 25 feet total with not less than 12 feet for any one side yard.

E.

Minimum rear yard setback: 40 feet.

F.

Maximum structure height: 35 feet or 2.5 stories for all structures that are not exempt from height requirements, as specified in article III, section 3.1 of this ordinance.

G.

Maximum impervious surface area:

1.

For all lots under one acre in size, not more than 15 percent of the total lot area.

2.

For all lots between one and three acres in size, not more than ten percent of the total lot area.

3.

For all lots greater than three acres in size, not more than five percent of the total lot area.

5.4

Minimum standards for all dwellings.

A.

Minimum dwelling unit gross floor area: 800 square feet.

B.

Minimum required roof pitch: 3:12

C.

Foundation/slab requirements: All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

D.

Landscaping: All dwelling sites 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 dwelling.

6.1

District intent. This zoning district is intended to promote low density suburban tract residential development for single-family uses in areas that have limited access to municipal infrastructure or are located in close proximity to sensitive natural resources.

6.2

Permitted uses. The following identifies the uses permitted in the R-1 Single-family Residential District.

A.

Single-family dwellings.

B.

Accessory residential dwelling units in single-family dwellings only and in compliance with all requirements specified in article IV, section 6 of this ordinance.

C.

Single-family group homes, subject to the standards established in article II and article IV, section 2 of this ordinance.

D.

Accessory uses and buildings, subject to the standards established in article III, section 4 of this ordinance.

E.

Home occupations, subject to the standards established in article IV, section 4 of this ordinance.

F.

In-home child care centers, subject to the standards established in article IV, section 11 of this ordinance.

G.

Noncommercial (not for profit or sale) nurseries, greenhouses, or gardens as accessory uses to a one family dwelling for the principal benefit of the occupant thereof, provided that the subject lot contains not less than three acres of land, and all related accessory buildings are located in the rear yard and not closer than 75 feet to any property line.

H.

Public or private schools, including pre-schools, day nurseries, and kindergartens, provided that any play area is enclosed on all sides by a fence to a height of at least four feet.

I.

Public parks, playgrounds, community buildings (including libraries and art galleries), and similar public service facilities serving residential areas, provided that no building shall be located within 75 feet of any property line.

J.

Public utility structures and lands, provided that there is no outside storage area and a natural or landscaped buffer not less than 20 feet in width is provided for the side and rear yards.

K.

Public or private golf course.

L.

Cemeteries.

O.

Boat docks and boat houses, as accessory uses to a residential use.

P.

Bed and breakfast inns.

Q.

Riding stables and academies, provided that the subject lot contains not less than five acres of land, and any structure, pen, or corral housing animals (but not including grazing areas) shall not be closer than 100 feet to any property line.

R.

Churches and other religious structures built prior to the effective date of this ordinance shall be treated as permitted uses under the scope of this ordinance and shall not be subject to the requirements and restrictions of a nonconforming structure or use. However, no new churches or other religious structures shall be permitted within the R-1 Single-family Residential District after the effective date of this ordinance.

6.3

Dimensional requirements.

A.

Minimum lot size: 15,000 square feet for lots served by municipal sewer. Lots not served by municipal sewer shall contain at least the minimum required, plus any additional area deemed necessary by the Calhoun County Health Department for proper siting installation of on-site sewage disposal facilities.

B.

Minimum lot width: 100 feet.

C.

Minimum front yard setback: 40 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

D.

Minimum side yard setbacks: 25 feet total with not less than 12 feet for any one side yard.

E.

Minimum rear yard setback: 40 feet.

F.

Maximum structure height: 35 feet or 2.5 stories for all structures that are not exempt from height requirements, as specified in article III, section 3.1 of this ordinance.

G.

Maximum impervious surface area: 20 percent for all lots under one acre in total land area and 15 percent for all other lots.

6.4

Minimum standards for all dwellings.

A.

Minimum dwelling unit gross floor area: 1,500 square feet.

B.

Minimum exterior width of dwelling: 20 feet.

C.

Minimum required roof pitch: 4:12

D.

Foundation/slab requirements: All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

E.

Landscaping: All dwelling sites 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 dwelling.

(Ord. No. 2004-06, 10-26-2004)

7.1

District intent. This zoning district is intended to promote moderate density residential development for single-family and duplex homes on individual lots in areas that have access to extensive municipal infrastructure and are in close proximity to places of employment and commercial districts.

7.2

Permitted uses. The following identifies the uses permitted in the R-2 Two Family Residential Zoning District.

A.

All uses permitted in the R-1 Single-family Residential District, except riding stables and academies.

B.

Two-family or duplex dwelling units (including two-family group homes).

C.

Churches and other similar places of worship.

D.

Cemeteries.

E.

Parsonages.

7.3

Dimensional requirements.

A.

Minimum lot size: 15,000 square feet for all lots served by municipal sewer. Lots not served by municipal sewer shall contain not less than the minimum required, plus any additional area deemed necessary by the Calhoun County health department for proper siting and installation of on-site sewage disposal facilities.

B.

Minimum lot width: 90 feet.

C.

Minimum front yard setback: 30 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

D.

Minimum side yard setbacks: 18 feet total with not less than eight feet on any one side.

E.

Minimum rear yard setback: 30 feet.

F.

Maximum structure height: 35 feet or 2.5 stories for all structures that are not exempt from height requirements, as specified in article III, section 3.1 of this ordinance.

G.

Maximum impervious surface area: 30 percent.

7.4

Minimum standards for all dwellings.

A.

Minimum dwelling unit gross floor area: 1,300 square feet for all single-family dwellings and 800 square feet per unit for two-family dwellings.

B.

Minimum exterior width of dwelling: 20 feet.

C.

Minimum required roof pitch: 3:12.

D.

Foundation/slab requirements: All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

E.

Landscaping: All dwelling sites 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 dwelling.

8.1

District intent. The purpose of this district shall be to provide opportunities for a broad range of residential environments, including single-family, duplex, manufactured homes (on individual lots), and multifamily (including townhouse and condominium developments) housing in areas that are served by the full array of municipal facilities and services offered by the city and that are immediately adjacent to places of employment and commercial districts. This zone also may be used by the city as a transitional buffer zone between commercial and lower intensity residential zones.

8.2

Permitted uses. The following identifies the uses permitted in the R-3 Multifamily Residential Zoning District.

A.

All uses permitted in R-2 Two-family Residential Zoning District.

B.

Multifamily dwellings (including group homes housing three or more families).

C.

Condominiums in accordance with all applicable special requirements specified in article V, section 8.6 of this ordinance.

D.

Townhouses in accordance with all applicable special requirements specified in article V, section 8.6 of this ordinance.

E.

Boarding[houses] and roominghouses.

[F.

Reserved.]

G.

Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including rest homes and sanitariums.

H.

Nursing homes.

I.

College or school dormitories, including fraternities and sororities.

[J.

Reserved.]

K.

Monasteries.

8.3

Uses allowed by special exception. The following uses may be allowed by special exception in R-3 Multifamily Residential Zoning District, subject to approval of the board of adjustment in accordance with the procedures specified in article VII of this ordinance. Each use permitted by special exception shall comply with all specified conditions or requirements of the applicable use.

A.

Single-family manufactured homes on individual lots that do not adjoin or abut a property zoned R-1 and subject to compliance with all applicable requirements specified in article IV, section 3 of this ordinance.

B.

Nonresidential child care centers, provided such uses are located on a corner lot with adequate off-street space for the loading and unloading of children and the use will comply with all applicable requirements specified in article IV, section 11 of this ordinance.

C.

Manufactured home subdivisions, subject to compliance with all applicable requirements specified in article IV, section 14 of this ordinance.

D.

Private club or lodge, provided that the use will not include an adult arcade or gambling facilities of any kind and no portion of the structure will located less than 75 feet from any property zoned for residential uses or containing a church, public or private school, group home, or nursing home.

8.4

Dimensional requirements.

A.

Minimum lot size: There shall be no minimum lot size.

B.

Minimum development site size (for multifamily dwellings): 24,000 square feet.

C.

Minimum lot width: There shall be no minimum lot width.

D.

Maximum density (for multifamily dwellings): 15 dwelling units per acre rounded down to the nearest whole unit.

E.

Minimum front yard setback: 25 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

F.

Minimum side yard setbacks: 14 feet total with not less than six feet on any one side yard.

G.

Minimum rear yard setback: 25 feet.

H.

Minimum buffer along adjoining R-1 Single-Family Zone (for multifamily dwellings): 30 feet.

I.

Minimum separation distance between all buildings on a single lot: Ten feet.

J.

Maximum percentage of lot covered by impervious surfaces: 30 percent.

K.

Maximum structure height: 35 feet or 2.5 stories for all structures that are not exempt from height requirements, as specified in article III, section 3.1 of this ordinance.

8.5

Minimum standards for all dwellings.

A.

Minimum dwelling unit gross floor area: 1,000 square feet for all single-family dwellings and manufactured homes and 750 square feet per unit for all other dwelling structures.

B.

Minimum exterior width of dwelling: 14 feet.

C.

Minimum required roof pitch: 3:12 for all single-family and two-family dwellings. No minimum roof pitch required for multifamily dwellings.

D.

Landscaping: All dwelling sites 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 dwelling.

8.6

Special requirements for all townhouse and condominium developments. Townhouses, row houses, and condominiums will be permitted only on sites that contain a minimum of 1½ acres of land or a half city block (contiguous land) at least 80 percent of which must consist of developable land area. No zoning permit for a townhouse or condominium development shall be issued by the enforcement officer without prior approval by the planning commission of a site plan for said development that satisfies the following basic requirements.

A.

Contents of required development site plan.

1.

A north arrow, appropriate scale, and topography in contour intervals of not more than five feet.

2.

The proposed location and heights of all structures.

3.

The proposed use of all structures and premises.

4.

The areas and proportionate amount of parking to be developed.

5.

The location of streets, driveways, and walks.

6.

The location of all service and loading spaces.

7.

The location and areas of illumination of all exterior lighting.

8.

The location, character and extent of landscaping, retaining and screen walls and other treatment for the protection of adjoining property.

9.

The location, size, number and character of all exterior signs.

10.

A drainage plan as required by article III, section 12 of this ordinance.

11.

The proposed re-subdivision of the subject property.

12.

A copy of all proposed covenants and deed restrictions demonstrating compliance with the applicable requirements of article IV, section 10 of this ordinance.

B.

All proposed deed restrictions and covenants must show all land held in undivided common interest.

C.

No side yards are required for interior walls of each unit, however all other yards for individual buildings on the development site shall conform to the regulations of this district.

D.

All townhouse and condominium developments shall be effectively buffered and attractively landscaped along the exterior boundaries of the development site. All buffer areas shall be owned and maintained as common open space within each development. Each buffer area shall be dedicated and improved (at a minimum) in accordance with the description of a buffer in article II (Definitions) of this ordinance.

E.

Each townhouse and condominium development shall provide adequate on-site containers for the collection of household garbage generated by the residents of the development. All garbage containers shall be placed and kept within three- or four-sided enclosures with walls at least four feet high to provide proper screening of the containers.

(Amend. of 10-25-2011)

9.1

District intent. The purpose of this district shall be to provide opportunities for village-scale commercial business, office, institutional, and service operations within the city's traditional downtown area. Businesses and institutions locating within this district should not exceed 5,000.00 square feet of gross floor area, (excluding accessory residential uses for the property owner, manager, or proprietor) and should be tailored to primarily serve local or neighborhood business needs. The village center district is also designed to service small scale business opportunities in a neighborhood setting, where good traffic access is available (such as street corner locations where a neighborhood setting, where good traffic access is available (such as street corner locations where a neighborhood collector street intersects with another collector street or an arterial highway). When applied outside of the city's traditional downtown area, the area encompassed by a B-l zone should be limited to the lots immediately surrounding key neighborhood intersections, to help minimize the intrusion of commercial uses into stable residential areas.

9.2

Permitted uses. The following identifies the uses permitted in the B-1 Village Center Zoning District.

A.

Single and two-family (duplex) dwellings, including home occupations in single-family dwellings only and subject to compliance with all requirements specified in article IV, section 4 of this ordinance.

B.

Accessory residential dwelling units in single-family dwellings only and in compliance with all requirements specified in article IV, section 6 of this ordinance.

C.

Educational, training, health, medical or nursing uses of public, charitable, or philanthropic nature, including rest homes and sanitariums.

D.

Nursing homes.

E.

Retail establishments customarily serving residential neighborhoods, such as: Pharmacies or drug stores, grocery markets, convenience stores, clothing and apparel stores, gift shops, greeting card shops, book stores, music stores, consignment shops, news stands, toy stores, fish and tackle shops, craft and hobby shops, florist shops, video stores, furniture stores, and other similar establishments.

F.

Personal or professional service establishments, and businesses repairing and servicing small equipment, such as: Barber shops and salons, photocopiers or print shops, coin-operated laundromats, tailors, shoe repair shops, electronic or small appliance repair shops, photography studios, camera shops, health and fitness clubs, newspaper offices, radio station studios, television station studios, jewelry and watch repair shops, and other similar establishments.

G.

Professional offices such as: banks, doctors offices, dentist offices, accounting and tax preparation services, real estate offices, attorneys offices, investment offices, consulting offices, and other similar establishments.

H.

Dine-in or carry-out restaurants including: cafes, delis, bakeries, coffee shops, ice cream parlors, pizza parlors, and other similar dining or food establishments.

I.

Family entertainment and cultural uses such as: dance studios, live performance theaters, museums, and other similar establishments that cater to children and families (not adults exclusively) and that do not serve or offer alcoholic beverages for sale.

J.

In-home and nonresidential child care centers, subject to the applicable requirements specified in article IV, section 11 of this ordinance.

K.

Clubs or lodges, public and private.

L.

Public and private educational institutions and associated accessory uses.

M.

Churches and cemeteries.

N.

Public and semi-public institutions and offices, including government offices.

O.

Bed and breakfast inns.

P.

Group homes, subject to the standards established in article II and article IV, section 2 of this ordinance.

Q.

Loft, efficiency, and studio apartments, provided that all of the following requirements are satisfied:

1.

Such residential uses are located above the first floor of a multi-story commercial use building;

2.

Appropriate soundproofing or sound attenuation measures have been installed to limit noise impacts that may be generated by ground floor commercial uses;

3.

Adequate off-street parking for all proposed apartment units is provided in the rear yard of the lot;

4.

Separate building entrances are available for the proposed apartments;

5.

All exterior apartment windows and doors are secured by appropriate locks or security devices;

6.

Adequate fire escape ladders are available for each apartment unit and hard-wired fire alarms and sprinkler systems are provided on all floors of the building; and

7.

The lower floor commercial uses in the building will not operate between the hours of 8:00 p.m. and 7:00 a.m.

R.

Retail greenhouses and plant nurseries.

S.

Hotels and motels.

T.

Medical and dental laboratories.

U.

Public utility structures and lands, provided that there shall be no outside storage area and a buffer shall be provided along the side and rear yards.

V.

Automobile filling and service stations, provided that all structures, including pumps, shall comply with the setback line of any abutting street and that points of ingress and egress shall not be located closer than 50 feet to each other (centerline to centerline) nor less than 100 feet to any street intersection, and shall not exceed 25 feet in width.

W.

Accessory off-street parking and loading spaces, subject to the standards established in article IV, section 5, provided that no equipment or inoperable vehicles are externally parked or stored. 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 downtown area and will not result in excessive parking demands on neighboring properties.

X.

Accessory uses and buildings, subject to the standards established in article III, section 4 of this ordinance.

9.3

Dimensional requirements.

A.

Maximum business size: Not more than 2,500 square feet of gross floor area devoted to the business use, including areas used for inventory storage and administrative offices. Buildings designed to house two or more separate commercial operations may contain not more than 5,000 square feet of gross floor area.

B.

Minimum front yard setback: No specific setback required. However, buildings that will be located on a vacant lot between two lots that contain existing buildings (regardless of use) shall not be located farther from the street right-of-way line than the facade of the adjoining building with the deepest front yard setback nor closer to the street right-of-way line that the facade of the adjoining building with the shortest front yard setback. Where a public sidewalk is provided along the front yard of a lot, any building constructed on that lot shall be constructed as close to the street right-of-way line as is practical. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

C.

Minimum side yard setback: Ten feet along any side yard that adjoins a lot containing a residential dwelling. No other specific side yard setback shall be required.

D.

Minimum rear yard setback: 20 feet along any rear yard that adjoins a lot containing a residential dwelling. No other specific side yard setback shall be required.

E.

Maximum percentage of lot covered by impervious surfaces: 80 percent.

F.

Maximum structure height: 35 feet or 2.5 stories.

9.4

Minimum standards for all dwellings.

A.

Minimum dwelling unit gross floor area: 1,000 square feet for all single-family dwellings and 750 square feet per unit for all other dwelling structures.

B.

Minimum exterior width of dwelling: 14 feet.

C.

Minimum required roof pitch: 3:12 for all single-family and two-family dwellings. No minimum roof pitch required for multifamily dwellings.

D.

Foundation/slab requirements: All dwellings shall be placed or constructed on a poured concrete slab or foundation in compliance with all applicable building code requirements.

E.

Landscaping: All dwelling sites 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 dwelling.

9.5

Density bonus for nonresidential uses. Any nonresidential uses that comply with one or more of the following special standards shall be granted an additional 1,500 square feet increase in the permitted maximum business size for each standard that is incorporated into the development plan. Compliance with these special standards shall be determined by the planning commission.

A.

Not more than one-quarter of all required off-street parking spaces will be located in the front yard of the lot.

B.

The exterior facade of the building will be constructed of wood, brick, or some combination thereof.

C.

No freestanding sign will be erected on the property.

D.

The architectural style and design of the building will incorporate elements or features that are characteristic or representative of historic architectural styles that exist within the zoning district.

(Amend. of 10-25-2011)

10.1

District intent. This zoning district is intended to provide development opportunities for a mix of small and large scale commercial uses requiring large lots and good highway access, and which may serve a broader market that may extend well beyond the city's corporate limits.

10.2

Permitted uses. The following identifies the uses permitted in the B-2 General Business Zoning District:

A.

All nonresidential uses permitted in the B-1 Village Center Zoning District. Not more than one-third of all required off-street parking spaces may be located within the front yard of the property.

B.

Hospitals (which may include a commercial cafeteria and/or a commercial pharmacy), medical clinics, laboratories, sanitariums, and nursing homes.

C.

Movie cinemas, auditoriums, and theaters, including drive-in theaters.

D.

The manufacturing of articles sold at retail shall be permitted as an accessory use to the retail business, provided that such manufacturing activities occupy less than 30 percent of the gross floor area. All sales, storage, service or incidental manufacturing activities shall be conducted within a fully enclosed building on the property.

E.

Veterinary establishments and kennels, provided that all animals are kept within suitable designed, soundproofed, and air conditioned buildings.

F.

Athletic fields or stadiums, race tracks and speedways, and other recreational areas for public use, including golf driving ranges, bowling alleys, swimming pools, fish lakes, and similar recreational uses, provided that the parcel contains at least ten acres of land, that all outdoor lighting provided for night use shall be properly directed and shielded as needed to prevent excessive glare on adjoining properties, and all activities are located at least 100 feet from any property line.

G.

Truck terminals and other transportation distribution centers.

H.

Commercial and public entertainment and recreation facilities, including parks, playgrounds, play fields, roller skating rinks, miniature golf courses, amusement parks, fairgrounds, and other similar facilities.

I.

Campgrounds and recreational vehicle parks.

J.

Wholesale business and distribution establishments not involving over 20,000 square feet of area for storage of ware to be wholesaled or distributed.

K.

Mini-warehouses.

L.

Building contractor's office, except outside storage of heavy equipment, and building materials.

M.

Marinas.

N.

Shopping centers, consisting of three or more independent businesses.

O.

Laundry and dry cleaning services.

P.

Mortuaries and funeral homes.

Q.

Broadcast stations and transmission facilities.

R.

Vehicle or agricultural implement sales, including campers, recreational vehicles, and accessory equipment.

S.

Building supply and equipment rental establishments.

10.3

Dimensional requirements.

A.

Minimum front yard setback: None specified, although a minimum setback may be required under the conditions specified in article III, section 7 of this ordinance. Every effort should be made to site commercial structures as close to the right-of-way line as is possible, while retaining at least a minimum front yard setback to provide adequate space for landscaping, signage, and other similar on-site improvements. Where a sidewalk exists along the front yard, the building storefront shall not be located more than 50 feet away from the right-of-way line. Any buildings that will be constructed on a vacant lot between two pre-existing buildings shall not be located closer to or farther from the right-of-way line than the buildings on the immediate adjoining side lots. Not more than one-third of all required off-street parking spaces may be located within the front yard of the property.

B.

Minimum side yard setbacks: None required. Where the side yard of a property adjoins a residential zoning district, a side yard buffer not less than 20 feet in width shall be provided along the residential zoning district line.

C.

Minimum rear yard setback: None required. However, where the rear yard of a B-2 property adjoins a residential zoning district, a rear yard buffer not less than 20 feet in width shall be provided along the residential zoning district line.

D.

Maximum percentage of lot covered by impervious surfaces: 60 percent.

E.

Maximum structure height: none specified.

F.

Curb cut access: Access to each commercial use located on a lot which is at least 10,000 square feet in area shall be only at clearly defined and marked entrances and exits no greater than 25 feet in width separated by a curb or similar barrier to vehicular movement of at least 50 feet in length; providing that this requirement shall not preclude the construction of special turnout lanes in the center of or along the side of the abutting roadway.

11.1

District intent. The purpose of this district is to provide opportunities for the development of industrial and manufacturing operations that will have minimal impacts on the natural environment and that will be located in areas served by all necessary municipal facilities and services. Such uses shall not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) major operating discharge permit and shall not emit potentially noxious fumes, odors, or particulate matter into the air. The district also will provide opportunities for the development of limited commercial uses that are accessory and complementary to the associated primary industrial use.

11.2

Permitted uses. The following identifies the uses permitted in the M-1 Light Manufacturing Zoning District.

A.

Any industrial enterprise engaged in a manufacturing, assembly, or processing activity that does not produce discharges that require the issuance of a National Pollutant Discharge Elimination System (NPDES) major operating discharge permit and does not emit fumes, odors, or particulate matter into the air that would be discernable beyond the boundaries of the property.

B.

Accessory commercial activities limited to the sale or servicing of products manufactured by the primary industrial use, provided such commercial activities occupy not more than 30 percent of the total floor area of the principal use building. All commercial activities shall be conducted entirely within the principal use building.

C.

Body shops.

D.

Indoor and outdoor gun clubs and shooting ranges, provided that all activities involving the discharge of fire arms shall conducted more than 250 feet from any property line and directed away from any established residential uses.

E.

Warehousing and storage facilities, including mini-warehouses.

F.

Truck terminals and shipping facilities.

G.

Railroad yards.

H.

Lumber yards and mills.

I.

Fuel or building material storage and distribution facilities.

J.

Bottling plants.

K.

Accessory off-street parking and loading spaces, subject to the standards established in article IV, section 5, provided that no equipment or inoperable vehicles are externally parked or stored.

11.3

Dimensional requirements.

A.

Minimum lot size: none required.

B.

Minimum lot width: 100 feet.

C.

Minimum front yard setback: 20 feet from the edge of the right-of-way line. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

D.

Minimum side and rear yard setback: 30 feet from all adjoining property lines and an additional 20 feet from any property line that abuts a residential zoning district (R-1, R-2, and R-3). All required setbacks along residential zoning districts shall be improved and maintained as a vegetated buffer to provide an effective year-round visual screen between the commercial use and the neighboring residential areas.

D.[E.]

Maximum percentage of lot covered by impervious surfaces: 50 percent.

E.[F.]

Maximum structure height: 50 feet.

12.1

District intent. Within floodplain areas, special land use restrictions are desired to: minimize human exposure to flood hazards, prevent excessive pollution or contamination of surface water resources during floods, provide maximum transmission and absorption of flood waters by restricting the intensity of impervious surfaces and man-made obstructions within floodplains, ensure that structures built within floodplains are properly floodproofed, to minimize private investment losses due to flooding, and ensure the city's continued participation in the National Flood Insurance Program. The purpose of this "overlay zone" is to impose special development standards and restrictions in areas identified by the Federal Emergency Management Agency as subject to special flood hazard to serve the aforementioned objectives. An "overlay zone" imposes special development requirements and restrictions in addition to the provisions of the underlying regular zoning district. Where the requirements of this district conflict with the requirements of an underlying regular zoning district or with other applicable ordinances and regulations, the more restrictive requirements shall be followed. All land use and development activities on lands within the FHA: Flood Hazard Area Zone shall also comply with all requirements of the City of Weaver Flood Damage Prevention Ordinance.

12.2

Boundaries. The boundaries of the flood hazard area zone shall encompass all areas of Weaver lying within a special flood hazard area or 100-year floodplain, as shown on the latest published flood hazard boundary map or flood insurance rate map for the subject property, prepared for the national flood insurance program by the Federal Emergency Management Agency.

12.3

Prohibited uses. The following uses shall be prohibited within the FHA: flood hazard area zone.

A.

On-site septic systems, leach fields, and temporary sewage holding tanks.

B.

Open air storage or holding pits, bunkers, or ponds for the storage of animal manure or wastes.

C.

Sanitary landfills and other solid waste facilities.

D.

Junkyards.

E.

Animal corrals, stockyards, and poultry houses.

F.

Multifamily residential structures.

G.

Nonresidential buildings exceeding 20,000 square feet in gross floor area. However, a nonresidential building containing more than 20,000 square feet of floor area may be partially located within a floodway fringe area, provided that not more than 20,000 square feet of total building floor area is located within said floodway fringe area, no portion of the building encroaches upon or extends into the floodway, and the building has been properly floodproofed in a accordance with all applicable requirements of the flood damage prevention ordinance.

H.

Mini-storage facilities.

I.

Group homes, nursing homes, and other congregate care facilities.

J.

Public and private schools or educational buildings.

K.

Hotels, motels, and bed and breakfast inns.

L.

Warehouse facilities used for the storage of hazardous waste or materials.

M.

Residential uses not otherwise prohibited within the FHA: flood hazard area zone shall not be permitted within a floodway or a floodway fringe area, nor shall any such residential structure encroach upon a floodway or floodway fringe area. No existing residential structure shall be extended, moved, replaced, or rebuilt unless the lowest floor (including basements) of said structure complies with the applicable construction and elevation requirements of the flood damage prevention ordinance.

12.4

Dimensional requirements.

A.

Development activities and land uses within the FHA: flood hazard area zone shall comply with all requirements contained in the City of Weaver flood damage prevention ordinance in addition to the specific requirements contained in this zoning ordinance.

B.

Maximum percentage of lot covered by impervious surfaces: 25 percent for nonresidential, nonagricultural, and mixed use developments. 15 percent for residential uses; five percent for agricultural and other open space uses.

13.1

District intent. The purpose of the PD Planned Development district is to encourage the development of innovative and creative land use designs in a mixed use environment. The district is intended to allow the unified planning and development of large tracts of land suitable in location, area, and character for the uses and structure proposed. A mix of uses and housing types is encouraged, provided that the proposed project is consistent with the comprehensive plan and the land uses proposed along the external boundaries of the development site will be compatible in intensity, character, and design with the neighboring uses.

13.2

Permitted uses. Any uses allowed in the R-1, R-2, R-3, and B-1 zoning districts shall be permitted, provided that the uses are laid out and buffered to minimize potential noise, traffic, and aesthetic conflicts and the overall development scheme is consistent with the goals, objectives, and future land use map contained in the comprehensive plan. Proposed land uses along the boundaries of the development site shall be compatible in intensity, character, and design with the land uses allowed in the immediately adjoining regular zoning district(s). All proposed land uses shall be shown and designated clearly on the master plan of the development.

13.3

Design requirements and considerations. In order to change the regular district designation of a tract of land to PD Planned Development, and subsequently thereby use such as tract of land, the following conditions shall be met:

A.

A master plan of development showing the exact manner in which the whole tact will be improved and used must accompany the request for change of zoning. Said master plan must be approved by the city council after review and recommendation by the planning commission, and must be retained in the file of the city clerk as a part of the city's records. The required master plan shall contain, at a minimum, the following information:

1.

Information to show and describe the location of the site to be developed as PD, including its legal description and a current perimeter survey prepared and certified by a surveyor who is licensed by the State of Alabama. The survey must show all streets and street rights-of-way which are adjacent to the parcel, all easements and rights-of-way on the development site, the boundary lines of any and all lots of record that comprise the entire development site, and the locations of any existing buildings or structures which shall be incorporated into the proposed development.

2.

A vicinity map showing the parcel in relation to surrounding property and a general description of the surrounding area, including the current zoning and land uses of all adjoining lands.

3.

A statement of the planning objectives to be achieved by the proposed development. The statement should include a description of the proposed development and the rationale behind the assumptions and projections made by the applicant.

4.

The density of land use to be allocated to all parts of the development site, together with tabulations by acreage and percentage of the parcel to be occupied by each proposed use to show compliance with all applicable dimensional requirements.

5.

The location, size, and character of any common open space or any commonly owned facilities and the type of organization which will own and maintain any commonly owned open space or facilities. Such explanation shall document the applicant's intent to comply with all requirements for common open space, as specified in article IV, section 10 of this ordinance.

6.

The number, location, and layout of parking spaces and attendant driveways, handicap parking areas, off-street loading and unloading areas, and emergency vehicle parking areas as may be required of the proposed development under article IV, section 5 of this ordinance. Information regarding the type, thickness, and imperviousness of surfacing materials to be used to improve all parking areas, driveways, and pedestrian ways shall also be provided.

7.

The location, design, and dimensions of all proposed curb cuts that will provide access to the site and all proposed temporary cul-de-sacs that will be constructed to reserve future street access to abutting undeveloped properties.

8.

A landscaping plan, which shall show all proposed improvements to required buffers and other common open space lands, including the location of existing mature tree stands that will be retained and incorporated into the overall development plan.

9.

Typical facade sketches of the outside appearance of any proposed commercial buildings, townhouse and condominium buildings, and multifamily dwellings. The architectural style and design of such buildings should be compatible, if not reflective of a common design theme that is generally compatible or complementary of (and, at a minimum, not inconsistent with) the predominant architectural styles in any established areas or neighborhoods surrounding the development site.

10.

Detailed dimensional plans for any and all proposed signs within the development in compliance with the applicable requirements of article IV, section 7 of this ordinance.

11.

A detailed stormwater management plan showing the location(s) of all 100-year floodplains on the site in compliance with all applicable requirements of article III, section 12 of this ordinance.

12.

Information to show the location and design of all proposed utility lines, including any required easements.

13.

The substance of any proposed covenants, easements, or other restrictions which will be imposed upon the use or maintenance of the site and any buildings or other structures that will be constructed within the site.

14.

A traffic impact study, if required by the planning commission.

15.

A general statement or demographic profile of the intended target market of the proposed development.

B.

Before any building or zoning permit for the construction of a planned development in any portion of a PD zoning district can be issued, a subdivision plat or plats, for the whole tract shall have been approved by the planning commission and recorded in accordance with the subdivision regulations, such plat or plats 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 to plats shall include the master plan of development. Where any information required by subparagraph A of this section to be included in the master plan of development would also be required to be included in a required preliminary plat, reference on the preliminary plat to the specific portions or pages of the master plan of development containing said information shall be sufficient to satisfy the corresponding preliminary plat content requirements of the subdivision regulations. No permit of any type shall be issued for any use, activity, building, or site improvement that is not in accordance with the approved and recorded master plan of development.

C.

The master plan of development for a tract may be amended at any time by the city council, upon the recommendation 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 change of zoning for the subject tract to a PD zoning district classification.

D.

Landscaping and open space shall be essential part of the master plan. At least 25 percent of the gross area shall be dedicated to open space/recreational uses (such as landscaping, bike paths, walkways [with or without exercise stations], swimming areas, and recreational courts). At least half of the required open space area shall consist of developable land area. Existing trees and natural features shall be preserved wherever possible. Said open spaces shall be integrated into the overall development design (not relegated to a corner of the site) to provide maximum access to the residents and workers of the development. At no point shall an open space area be less than 20 feet in width.

E.

Insofar as possible, vehicular traffic shall be separated from pedestrian traffic. Sidewalks should be provided along all internal streets providing through traffic access and between all residential and nonresidential use areas within the development.

F.

The vehicular traffic generated by the proposed development shall not exceed the capacity of access streets, and shall not disrupt established residential areas.

G.

The capacity of existing or scheduled public utility systems, streets, or schools to serve the potential number of families, businesses, and workers in the proposed development shall be considered during the review and approval process. The City of Weaver may deny a proposed PD master plan or require phasing of the project as may be needed to avoid public facility capacity shortfalls caused by a premature development project. Each PD master plan shall include letters from the superintendent of education, the fire chief, the police chief, the street/sanitation superintendent, and the parks and recreation director confirming that they have considered the scale of the proposed development and have determined that it will not exceed the capacity of the specific public facilities and services within their authority to serve the needs of the proposed development and the community at large. Where such finding cannot be made by the aforementioned officials, the letter shall state, to the best of the official's knowledge, the nature of any potential infrastructure or service deficiencies and the prospective date by which the city can address the deficiencies, if specific improvements have been planned or envisioned.

H.

Every effort shall be made to maximize energy efficiency. Energy conservation measures which should be employed include:

1.

Orienting buildings to maximize solar access,

2.

Utilization of landscape design techniques and species that maximize protection from excess heat in the summer and allow solar exposure in the winter,

3.

Minimizing the amount of roads and streets needed to serve the development,

4.

Utilizing "green" site design to minimize thermal stress on surface waters from stormwater runoff and to minimize potential storage and release of excess heat from impervious surfaces, and

5.

Dedication of areas for community gardens.

I.

Every planned development shall include management agreement provisions for the control and maintenance of all areas within the development under common ownership as prescribed in article IV, section 10.4 of this ordinance.

J.

Access shall be provided to each separately platted building site by way of a publicity dedicated street plus a driveway or clearway of at least ten feet in width for residential uses, and 12 feet in width for nonresidential uses.

K.

Each planned development shall satisfy the off-street parking and loading space requirements for the specific proposed land uses as specified in article IV, section 5 of this ordinance.

13.4

Dimensional requirements.

A.

Minimum planned development site size. The minimum size of the planned development site shall be five acres. Not less than 80 percent of the gross land area of the proposed development site shall consist of developable land area.

B.

Minimum lot size within a planned development. No minimum building site is required, provided that the land use for building coverage and off-street parking and loading spaces as required in article IV, section 5, does not preclude adequate open spaces for landscaping, and for recreation facilities for the occupants of dwellings. The proposed minimum and average building sites, the resulting average net density (families per acre of residential land use), the total land used for ever purpose (including rights-of-way), the number of off-street parking and loading spaces for each use area, and the total and average land area covered by the building in each use area, shall be calculated and shown on the master plan of development. Specific minimum lot sizes may be imposed by the Calhoun County Health Department for proper siting and installation of on-site sewage disposal facilities, where municipal sewer access is not available.

C.

Minimum building setback line.

1.

Thirty feet from the edge of the right-of-way line for all residential uses; ten feet from the edge of the right-of-way line for all nonresidential uses. An additional setback may be required under the conditions specified in article III, section 7 of this ordinance.

2.

Every effort should be made to site nonresidential structures as close to the minimum front yard setback line as is possible, while providing sufficient front yard space for landscaping, signage, and other similar on-site improvements. Where a sidewalk exists or will be provided along the front yard, the nonresidential building storefront shall not be located more than 50 feet away from the right-of-way line. Not more than one quarter of all required off-street parking spaces may be located within the front yard of the property.

D.

Minimum yards. No building shall be closer than 15 feet to any PD zoning boundary line, providing that no entrance of any building shall be closer than 25 feet to any such line.

E.

Minimum spacing between buildings. For dwellings, the open space between buildings shall not be less than 20 feet for one story buildings, 30 feet when either building is a two story building, 40 feet when either building is a three story building and 40 feet plus an additional ten feet for each story over three stories when either building is over three stories in height. The minimum dimension of the yard upon which any entrance or exit of a dwelling faces shall be 20 feet; such space shall not be counted as a yard for any other building.

F.

Maximum structure height. 45 feet.

G.

Maximum percentage of site covered by impervious surfaces. 60 percent of gross area of planned development site area. Forty percent for any individual nonresidential lot within the planned development.