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Wetumpka City Zoning Code

ARTICLE VII.

OVERLAY DISTRICT REGULATIONS

Sec. 86-181.- Generally.

Each of the overlay districts defined and established in article II shall be subject to specific regulations pertaining to special characteristics as follows.

(Ord. No. 99-4, § 70.0, 8-16-1999)

Sec. 86-182. - Flood hazard overlay district.

A flood hazard overlay district may overlay, or include, properties located in one or more use districts. Regulations to govern activities within such districts, as outlined herein, shall be applied in addition to other regulations required in the underlying use districts. The more restrictive of such regulations shall apply.

(1)

Designation of districts. This district has been devised and designated in response to flood hazard information as provided by the Federal Emergency Management Agency and its flood insurance rate maps for Wetumpka and adjacent Elmore County, which information has been accounted for in the development of this ordinance and map. Before the city council shall amend the boundaries of a flood hazard overlay district, the planning board shall first submit a report to the city council outlining the boundaries of such district and the source and nature of such new information.

(2)

Development in designated floodways. No structure or other development that could constitute an obstruction to the discharge of the base flood waters of the Coosa River shall be permitted in the floodway unless, following appropriate engineering studies, the planning board shall find that:

a.

The proposed structure is in the public interest and will not significantly increase the water surface elevation during discharge of the base flood; and

b.

The proposed structure is not habitable, is designed to avoid damage due to flooding and is designed to avoid interruption of utility service due to flooding.

(3)

Development in special flood hazard areas. All uses permitted in the underlying use district shall be permitted, subject to a finding by the planning board that the proposed use shall not be inconsistent with the principles of reasonable flood plain management, and provided that:

a.

No structure or land shall hereafter be located, extended, converted or structurally altered in a flood hazard district without full compliance of this zoning ordinance, the City of Wetumpka Flood Damage Prevention Ordinance and other applicable regulations. In the event that this zoning ordinance and the flood damage prevention ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

b.

All development which occurs or is planned to occur in a flood hazard district must comply with all specifications, regulations and restrictions as detailed in the City of Wetumpka Flood Damage Prevention Ordinance, as adopted in 1987, and as hereafter amended.

(Ord. No. 99-4, §§ 71.0—71.3, 8-16-1999)

Sec. 86-183. - Planned unit development (PUD) overlay district.

A planned unit development overlay district may overlay, or include, properties located in one or more use districts. The planning board shall, in accord with this chapter, apply additional regulations, in the form of design and development review guidelines, to govern development of land within such districts, and those guidelines shall be applied in lieu of or in addition to, as the case may be, other regulations required in the underlying use districts. The planning board may, from time to time and subsequent to a public hearing, add to those guidelines in a manner not inappropriate to the purposes of this district.

(1)

Designation of districts. A planned unit development overlay district may be established for any tract with a minimum site area of two acres whose development could be undertaken as an integral unit under single ownership or control. Before the city council shall designate or amend the boundaries of any planned unit development overlay district(s), the planning board shall first submit a report to the city council, which shall include the conceptual site plan required by subsection (2) and shall, in addition, outline the boundaries of the proposed overlay district and indicate the board's specific intent for development within the overlay district and how implementation of the city's comprehensive plan would be furthered by such development.

(2)

Application requirements. A conceptual site plan shall accompany each application for rezoning to the PUD overlay district. The site plan shall be drawn to scale and dimensioned, and prepared by a professional engineer, land surveyor, architect, or landscape architect licensed to practice in the State of Alabama. The site plan shall show, in schematic detail, the concept for use and development of the entire PUD overlay district, including the location of the proposed uses and major buildings, the proposed residential density, housing types, dimensional standards for all lots, layout of roads, location of all entrances, and layout and configuration of all common open spaces. The site plan shall be accompanied by a brief narrative text describing the general design and architectural policies for the PUD, the treatment of environmentally sensitive lands, and the proposed time frame for phased development.

(3)

Permitted uses and development. Development of the PUD shall be in substantial accord with the approved conceptual site plan required in subsection (2), and with all other site plan and subdivision approval procedures as required by this chapter and the subdivision regulations. There shall be permitted a mix of uses within a single development and within lots as shown on the final subdivision plat as required by the subdivision regulations. Such mix shall reflect and appropriately account for the relative land areas and development densities called for in the underlying use districts, but may relocate, within the spirit of this ordinance and the city's comprehensive plan, such uses within the planned unit development. The purpose of this limitation is to ensure that this overlay district is not used, intentionally or unintentionally, to create higher density development than called for by the underlying use districts.

(Ord. No. 99-4, §§ 72.0—72.3, 8-16-1999; Ord. No. 2019-3, § 72.1, 4-1-2019)